Board of County Commissioners Agenda Request

Transcription

1 Board of County Commissioners Agenda Request Date of Meeting: March 26, 2019 Date Submitted: March 19, 2019 To: From: Agenda Location: Subject: Honorable Chairman and Members of the Board Margaret Emblidge, AICP, Planning and Community Development Director Public Hearing- Adoption Petition CPA Request to amend the Future Land Use Element Text and Map of the Hendry County Comprehensive Plan to create a new land use designation to be known as Wheeler Estates. Statement of Issue This is a County initiated amendment to the Comprehensive Plan Future Land Use Element and Map for the Wheeler Estates Community. The Future Land Use Element is being amended to create a new Future Land Use Category Wheeler Estates and new Policy that will provide the framework for development in Wheeler Estates. Additionally, the amendment will redesignate the entire Wheeler Estates Community from Multi-Use Development to the new category - Wheeler Estates. Background This Comprehensive Plan Amendment petition is the result of a Land Use Study funded by the Community Planning Technical Assistance Grant ( Grant ) administered through the Department of Economic Opportunity ( DEO ). With the assistance of Waldrop Engineering, there have been five (5) community meetings that have established the community s vision and guided the development of the Comprehensive Plan and Land Development Code amendments. There are three (3) actions as the result of the land use study. One is a comprehensive plan text amendment and map amendment to create a new Future Land Use Category and related policies, two is to create Land Development Code regulations specific to the overall Wheeler Estates. The third action is to rezone the parcels currently zoned A-3 and RG-1 to a new zoning district Rural Residential Wheeler Estates (RR-WE). The Wheeler Estates Study Area encompasses 1,933+/- acres and generally extends north of 23rd Terrace; east to Wheeler Road; and south of Canal Terrace. An aerial map demonstrating the Study Area is attached as Exhibit A. 1

2 The community is comprised of approximately 1,036 lots ranging in size from 1.08+/-acres to 105+/- acres. The vast majority of parcels are 1.25+/-acres in size, representing 90% of all lots within the community. The Study Area is served by an extensive network of private road easements. Wheeler Estates is accessed exclusively from public roads within Lee County via 16 th Terrace (serving Wheeler Estates North), and 10th Place and 2 nd Place (serving Wheeler Estates South). The Study Area has no direct access to State Road 80, and easements do not exist that provide legal rights to construct such access in the immediate future. With the exception of a portion of 10th Place and Wheeler Road, most roadways consist of unpaved limerock or are unimproved. Analysis Wheeler Estates was historically designated within the Transitional future land use category. In 2010, the Transitional future land use category was changed to Multi-Use Development as part of the Evaluation and Appraisal Report (EAR) process. Refer to the current future land use map attached as Exhibit B. The purpose of this re-designation was to more clearly describe this land use category for those areas intended for a broad mix of uses on a county-wide basis. Representatives and landowners within Wheeler Estates have remained actively engaged with County Staff in recent years regarding access, public facilities and services, and proposed development within the community and immediate area. New issues have been raised by the residents, including the desire to keep non-commercial farm animals within the community, as characteristic of large-lot estate subdivisions in rural settings. The Applicant is requesting to amend Policy , Multi- Use Development future land use category to remove reference to Wheeler Estates; and to create Policy , Wheeler Estates future land use category. The purpose of the Wheeler Estates Future Land Use Category is to maintain the rural and predominantly residential character of Wheeler Estates, as established through a community planning process, and to guide future development in a manner that is consistent with the community vision. The proposed future land use map amendment is attached as Exhibit C and the proposed Policy as Exhibit D. For the purpose of the Wheeler Estates Future Land Use Category, rural character is defined as those characteristics which convey a sense of rural lifestyle. Including but not limited to, large lots, significant open space and undisturbed native vegetation, limited public infrastructure, and small-scale agricultural uses that are accessory to permitted residential uses. Non-residential uses are limited to those activities intended to provide daily goods and services to the immediate community. The following is a summary of key changes in the proposed amendment: Allow for residential uses limited to single-family detached dwelling types at a density of 1.1 dwelling units/acre; Allow for limited non-residential uses at a maximum of 0.10 FAR by PUD rezoning; Limit general commercial and industrial uses to existing only Allow for commercial agricultural uses on A-2 zoned parcels only, and expand the noncommercial agricultural uses on all other parcels to include both farm animals and horticulture; Include general descriptions of infrastructure and development standards appropriate for the rural area; and Provide public participation requirements and notification of zoning and land use changes. 2

3 Consistency with the Comprehensive Plan As proposed, the amendments will be consistent with the Comprehensive Plan. Currently, the Study area is designated as Multi-Use Development future land use category, which allows for some of the County s highest densities and intensities, and a diversity of land uses that are not appropriate for the Study Area based upon available infrastructure and existing development patterns. Furthermore, the range of allowable uses, densities and intensities and are not desired by the community. The creation of the proposed Wheeler Estates future land use category in the Future Land Use Element and Future Land Use Map will guide sound development patterns within the Study Area and provide an appropriate range of land uses, densities and intensities. The new category establishes maximum density based upon the vested rights; maximum non-residential intensity based upon and limited by locational standards; and a broader range of agricultural uses. The category will be further implemented by the companion Land Development Code amendment relating to the Rural Residential Wheeler Estates zoning district (RR-WE). This district and supplementary regulations provide further guidance and clarity on land uses and development design within Wheeler Estates. Community Outreach The proposed amendment is based upon data gathered from five (5) community meetings held between September 2018 and February Additionally, the regulations were crafted based upon a communitywide survey process. The input received at the various community meetings and from the survey results were highly informative, and generally cohesive in terms of the community s support of single-family residential, agricultural and recreational land uses that protect and enhance the rural character. Limited convenience commercial, civic and recreational uses are also generally supported by the community with careful and well-crafted limitations including enhanced design and locational standards. The draft comprehensive plan amendment was presented to the residents at a community meeting held on February 4, The proposed Comprehensive Plan Amendment was revised based on the input from this meeting and was distributed to Wheeler Estates residents via on February 8, Minor revisions were made between the community meeting and the final proposed amendments. The community has been notified of the public hearings and the final proposed amendments have been ed and posted on the County website. Fiscal Impact The Study was funded by a Community Planning Technical Assistance Grant ( Grant ) administered through the Department of Economic Opportunity ( DEO ) with no cost to the County. By redesignating this area with a more appropriate mix of land uses, the community will be more marketable. Local Planning Agency Meeting The Local Planning Agency (LPA) will conduct a public hearing on March 20, Since this agenda item was due prior to the LPA hearing, staff will provide the results of that meeting prior to the March 26 th Board meeting. 3

4 Options: Option 1: Option 2: Option 3: Conduct a Public Hearing and Transmit Petition CPA in accordance with the State Coordinated Review Process, Sections (4) and (5), Florida Statutes Recommend not to transmit. Board direction. Recommendation: Option 1 Attachments: 1. LPA Staff Report and Application Packet 4

5 HENDRY COUNTY PLANNING & ZONING DEPARTMENT POST OFFICE BOX S. MAIN STREET LABELLE, FLORIDA (863) FAX: (863) Attachment: 1 STAFF REPORT CPA Comprehensive Plan Map Amendment Local Planning Agency 3/20/19 Application Information Applicant: Owner(s): Agent: Requested action: Location: Zoning: Future Land Use Map: Size: Existing uses on the site: Hendry County Board of County Commissioners Various Hendry County Planning & Zoning Department The Applicant is requesting to amend the Future Land Use Map from Multi-Use Development to Wheeler Estates future land use category on approximately +/-1,933 acres. The Applicant is also requesting to amend Future Land Use Element Policy , Multi Use Development future land use category, to remove reference to Wheeler Estates; and to create Future Land Use Element Policy , relating to the Wheeler Estates future land use category. Wheeler Estates (Various Parcels) A-3; A-2; I-1; C-3; and RG-1 Multi-Use Development +/- 1,933 acres Residential; Agriculture; Light Industrial; Institutional; Commercial; and Vacant. All required application material has been received. All required notices have been made. Surrounding Area Information Adjacent existing uses Adjacent zoning Adjacent Future Land Use Map Category North Agriculture A-2 Agriculture South Agriculture A-2 Agriculture East Agriculture A-2 Agriculture/ Rodina Sector Plan West Lee County Lee County Lee County Summary of Request and Background Information This is a County initiated amendment to the Comprehensive Plan Future Land Use Element and Map for the Wheeler Estates Community. The Future Land Use Element is being amended to create a new Future 1

6 Land Use Category Wheeler Estates and new Policy that provides the framework for development in Wheeler Estates. Additionally, the amendment will redesignate the entire Wheeler Estates Community from Multi-Use Development to the new category - Wheeler Estates. This is the result of a Land Use Study funded by the Community Planning Technical Assistance Grant ( Grant ) administered through the Department of Economic Opportunity ( DEO ). With the assistance of Waldrop Engineering, there have been five (5) community meetings that have established the community s vision and guided the development of the Comprehensive Plan and Land Development Code amendments. There are three (3) actions as the result of the land use study. One is a comprehensive plan text amendment and map amendment to create a new Future Land Use Category and related policies, two is to create Land Development Code regulations specific to the overall Wheeler Estates. The third action is to rezone the parcels currently zoned A-3 and RG-1 to a new zoning district Rural Residential Wheeler Estates (RR- WE). The Wheeler Estates Study Area encompasses 1,933+/- acres and generally extends north of 23rd Terrace; east to Wheeler Road; and south of Canal Terrace. An aerial map demonstrating the Study Area is attached as Exhibit A. The community is comprised of approximately 1,036 lots ranging in size from 1.08+/-acres to 105+/- acres. The vast majority of parcels are 1.25+/-acres in size, representing 90% of all lots within the community. The Study Area is served by an extensive network of private road easements. Wheeler Estates is accessed exclusively from public roads within Lee County via 16 th Terrace (serving Wheeler Estates North), and 10th Place and 2 nd Place (serving Wheeler Estates South). The Study Area has no direct access to State Road 80, and easements do not exist that provide legal rights to construct such access in the immediate future. With the exception of a portion of 10th Place and Wheeler Road, most roadways consist of unpaved limerock or are unimproved. Comprehensive Plan Amendment Wheeler Estates was historically designated within the Transitional future land use category. In 2010, the Transitional future land use category was changed to Multi-Use Development as part of the Evaluation and Appraisal Report (EAR) process. Refer to the current future land use map attached as Exhibit B. The purpose of this re-designation was to more clearly describe this land use category for those areas intended for a broad mix of uses on a county-wide basis. Representatives and landowners within Wheeler Estates have remained actively engaged with County Staff in recent years regarding access, public facilities and services, and proposed development within the community and immediate area. New issues have been raised by the residents, including the desire to keep non-commercial farm animals within the community, as characteristic of large-lot estate subdivisions in rural settings. The Applicant is requesting to amend Policy , Multi- Use Development future land use category to remove reference to Wheeler Estates; and to create Policy , Wheeler Estates future land use category. The purpose of the Wheeler Estates Future Land Use Category is to maintain the rural and predominantly residential character of Wheeler Estates, as established through a community planning process, and to guide future development in a manner that is consistent with the community vision. The proposed future land use map amendment is attached as Exhibit C and the proposed Policy as Exhibit D. For the purpose of the Wheeler Estates Future Land Use Category, rural character is defined as those characteristics which convey a sense of rural lifestyle. Including but not limited to, large lots, significant open space and undisturbed native vegetation, limited public infrastructure, and small-scale agricultural uses that are accessory to permitted residential uses. Non-residential uses are limited to those activities 2

7 intended to provide daily goods and services to the immediate community. The following is a summary of key changes in the proposed amendment: Allow for residential uses limited to single-family detached dwelling types at a density of 1.1 dwelling units/acre; Allow for limited non-residential uses at a maximum of 0.10 FAR by PUD rezoning; Limit general commercial and industrial uses to existing only Allow for commercial agricultural uses on A-2 zoned parcels only, and expand the non-commercial agricultural uses on all other parcels to include both farm animals and horticulture; Include general descriptions of infrastructure and development standards appropriate for the rural area; and Provide public participation requirements and notification of zoning and land use changes. Consistency with the Comprehensive Plan As proposed, the amendments will be consistent with the Comprehensive Plan. Currently, the Study area is designated as Multi-Use Development future land use category, which allows for some of the County s highest densities and intensities, and a diversity of land uses that are not appropriate for the Study Area based upon available infrastructure and existing development patterns. Furthermore, the range of allowable uses, densities and intensities and are not desired by the community. The creation of the proposed Wheeler Estates future land use category in the Future Land Use Element and Future Land Use Map will guide sound development patterns within the Study Area and provide an appropriate range of land uses, densities and intensities. The new category establishes maximum density based upon the vested rights; maximum non-residential intensity based upon and limited by locational standards; and a broader range of agricultural uses. The category will be further implemented by the companion Land Development Code amendment relating to the Rural Residential Wheeler Estates zoning district (RR-WE). This district and supplementary regulations provide further guidance and clarity on land uses and development design within Wheeler Estates. Community Outreach The proposed amendment is based upon data gathered from five (5) community meetings held between September 2018 and February Additionally, the regulations were crafted based upon a communitywide survey process. The input received at the various community meetings and from the survey results were highly informative, and generally cohesive in terms of the community s support of single-family residential, agricultural and recreational land uses that protect and enhance the rural character. Limited convenience commercial, civic and recreational uses are also generally supported by the community with careful and well-crafted limitations including enhanced design and locational standards. The draft comprehensive plan amendment was presented to the residents at a community meeting held on February 4, The proposed Comprehensive Plan Amendment was revised based on the input from this meeting and was distributed to Wheeler Estates residents via on February 8, Minor revisions were made between the community meeting and the final proposed amendments. The community has been notified of the public hearings and the final proposed amendments have been ed and posted on the County website. Conclusion 3

8 Staff finds the request consistent with the comprehensive plan and with the vision of the Wheeler Estates community. The proposed Wheeler Estates future land use category will allow the existing and future residents of Wheeler Estates to maintain the rural and predominantly residential character of the area, as established through the community planning process, and will guide future development in a manner that is consistent with the community vision. Recommendation Conduct a public hearing and make a recommendation to the Board of County Commissioners to transmit CPA to the Florida Department of Economic Opportunity for review in accordance the State Expedited Review Process, Sections (3) and (5), Florida Statutes. Exhibits A Aerial Map of Wheeler Estates Community B Existing Future Land Use Map C - Proposed Future Land Use Map Amendment D Proposed Policy

9 EXHIBIT "A" Palm Beach Blvd W State Road 80 State Hwy 80 ² 78 Us High way d J o el Blv State Hwy 873 HENDRY COUNTY LEE COUNTY Mcarthur Blvd Bell Blvd ise Blvd nr G enoa Av e S Su Grant Blvd Sentinella Blvd Columbus Blvd Joel Blvd Hines Ave 12Th St E Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community WHEELER ESTATES VICINITY OVERVIEW MAP 0 1,000 2,000 4,000 6,000 Feet

10 Wheeler Rd. State Hwy 80 ² LEE COUNTY 16th Ter HENDRY COUNTY 15Th St E 13Th St E 12Th St E 10th Pl Joel Blvd E 8Th St Wheeler Rd. Future Land Use (Current) Agriculture Agriculture Conservation Commercial Public Industrial Multi-Use Sentinella Blvd Rodina Sector Plan Leisure Recreational Columbus Blvd Residential, Low Density Sunrise Blvd Mcarthur Blvd LEE COUNTY HENDRY COUNTY Residential, Medium Density Residential, High Density Residential, Pre-Existing Rural Estates Residential, Rural Estates Southwest Hendry County Sector Plan WHEELER ESTATES CURRENT FUTURE LAND USE MAP 0 1,000 2,000 4,000 6,000 Feet

11 Wheeler Rd. State Hwy 80 ² LEE COUNTY 16th Ter HENDRY COUNTY 15Th St E 13Th St E 12Th St E 10th Pl Joel Blvd E 8Th St Wheeler Rd. Proposed Future Land Use Agriculture Agriculture Conservation Commercial Public Industrial Multi-Use Rodina Sector Plan Sentinella Blvd Leisure Recreational Residential, Low Density Columbus Blvd Residential, Medium Density Sunrise Blvd Mcarthur Blvd LEE COUNTY HENDRY COUNTY Residential, High Density Residential, Pre-Existing Rural Estates Residential, Rural Estates Southwest Hendry County Sector Plan Wheeler Estates WHEELER ESTATES PROPOSED FUTURE LAND USE MAP 0 1,000 2,000 4,000 6,000 Feet

12 EXHIBIT D Policy : Multi-Use Development Future Land Use Category Purpose The purpose of the Multi-Use Development Future Land Use Category is to promote new development and redevelopment of the properties located within this land use category. Description/Uses Lands classified as Multi-Use Development are generally located adjacent to existing urban/suburban areas or will become adjacent to the urban/suburban areas within the planning horizon. Uses permitted within this category include existing agricultural uses, recreational facilities, residential uses, commercial uses, institutional and industrial. Location Standards The areas designated as Multi-Use Development are located adjacent to the primary transportation system within the county and existing or programmed utilities. Residential Density Maximum density Four (4) units per acre with the following exceptions: Agricultural uses One (1) unit per 5 acres. Residential/urban uses Four (4) units per acre when rezoned to a Planned Unit Development. The minimum lot size for properties located in Wheeler Estates shall be as defined in LDC Section Agricultural Transitional District and pursuant to Ordinance No Non Residential Intensity Retail commercial 0.25 FAR. Office 0.50 FAR. Industrial 0.75 FAR 0.50 FAR for mixed-use buildings with a maximum of 25% retail and a minimum of 75% office FAR for mixed-use buildings with commercial on the first floor and residential on stories above and first floor. Infrastructure/Roads Public arterial, collector, or local roads, and private roads. 1

13 Water and Sewer All new development and redevelopment within the Multi-Use Development Future Land Use Category must connect to centralized public water and sewer, when available. Open Space Residential development 30%. Non-residential development 15%. Form of Development Agricultural individual lots minimum five (5) acres. Urban/suburban. o Clustered developments. o Multi-use developments. o Planned Unit Developments. Note: Multi-Use Development must be accomplished through a Planned Unit Development rezoning. * * * * * * * * * * * * * Policy : Wheeler Estates Future Land Use Category Purpose The purpose of the Wheeler Estates Future Land Use Category is to maintain the rural and predominantly residential character of the area known as Wheeler Estates, as established through a community planning process, and to guide future development in a manner that is consistent with the community vision. For the purpose of this category, rural character is defined as those characteristics which convey a sense of rural lifestyle, including but not limited to, large lots, significant open space and undisturbed native vegetation, limited public infrastructure, and small-scale agricultural uses that are accessory to permitted residential uses. Non-residential uses are limited to those activities intended to provide daily goods and services to the immediate community. Description/Uses Uses permitted within Wheeler Estates shall consist of single-family residential dwellings, accessory structures, and small-scale agricultural uses that are accessory to permitted residential uses. Mobile homes, RVs as living quarters, and shipping containers are expressly prohibited. Limited, neighborhood-scale non-residential uses, institutional uses, and recreational uses are permitted subject to the provisions contained herein, and as set forth in the Land Development Code. 2

14 Location Standards Wheeler Estates encompasses 1,933+/- acres of land in the far western portion of Hendry County adjacent to Lee County, and approximately 1.5 miles south of State Road 80. The Wheeler Estates Future Land Use Category is limited to those areas designated as such on the Future Land Use Map. Lands in this category are not within the urban area but are immediately adjacent to future urban areas in Hendry County. Wheeler Estates is intended to operate without significant intensification of public facilities into water, sewer, transportation, or general support services through the planning horizon of However, additional public facilities may become available to the community via development in the adjacent future urban areas within the Rodina and Southwest Hendry County Sector Plan Areas. Residential Density and Uses Single family residential uses - one (1) unit per 1.10 acres. Mobile home units and RVs are not permitted. Non-Residential Intensity and Uses FAR calculated on the commercial site only. Non-residential uses that serve and support the rural community are allowable by Planned Unit Development rezoning approval only, and subject to locational criteria and minimum design standards established in the Land Development Code. General commercial and industrial uses are allowed only on parcels on which such uses exist as of, Industrial and general commercial uses on additional parcels are prohibited. Public works projects that include drainage improvements. Agricultural Uses Non-commercial, small-scale agricultural uses that are accessory to residential uses, including but not limited to, the keeping of domestic farm animals for household use only, greenhouses, and gardens as set forth in Section (d) of the Land Development Code. Agricultural uses consisting predominantly of the cultivation of crops and livestock including cropland, pastureland, orchards, vineyards, nurseries, ornamental horticulture, groves, confined feeding operations, and specialty farms are permitted by right or allowed by special exception on existing agriculturally-zoned lands only 3

15 Infrastructure/Roads Water Public and private roads. Private wells for rural residential uses. Private wells or central water system for non-residential uses. Wastewater/Septic Tanks Individual septic system for rural residential. Individual septic or central system for non-residential. Open Space Individual lots no minimum open space requirement Clustered Development (Residential or Mixed-Use) 50% Non-Residential Uses 30% Form of Development Individual lots. Non-residential uses and clustered developments must occur in the form of a Planned Unit Development or Special Exception pursuant to the Land Development Code. 4