Glades County Staff Report and Recommendation REZONING

Transcription

1 Glades County Staff Report and Recommendation REZONING CASE NUMBER: RZ15-01 DATE: October 2, 2015 CASE TYPE: Application for Rezoning REQUEST: J.J. Wiggins Memorial Trust is requesting a rezoning of 22.1± acres from Residential Singlefamily (4 ± acres) and Agricultural Residential (18.1± acres) to Planned Development. STAFF RECOMMENDATION: Approval with proposed revisions/amendments, including but not limited to, development conditions LOCATION: The subject site is located south of U.S. Hwy 27 and east of Rodeo Road. The hatched areas indicate the subject sites. RZ Staff Report Page 1

2 I. SURROUNDING LAND DESIGNATIONS AND USES Zoning Map The hatched areas indicate the subject sites. Surrounding Zoning Districts are Agricultural Residential, Residential Single-family, Commercial General, and Residential General. Future Land Use Map The hatched areas indicate the subject sites. Surrounding FLUM designations are Transition, Commercial, Agricultural/Residential, and Residential. RZ Staff Report Page 2

3 Existing Land Use Existing uses are single-family residences, agriculture, pastureland, a church, and vacant land. II. ANALYSIS The subject site is approximately 22.1 acres. The site consists of two parcels. The larger parcel is zoned Agricultural Residential (AR) and contains development on the east half of the site. The development consists of, approximately, a 13,500 sq. ft. main building, an 8,400 sq. ft. building and three smaller buildings. According to the applicant, these buildings are currently being used for a church and youth center. On the Planned Development (PD) site plan, the larger building is labeled as Commercial and the smaller building is labeled Church. The remainder of the parcel is vacant. The parcel has a total street frontage along U.S. Hwy 27 of 1,320 feet. The smaller parcel is zoned Residential Single-family (RS), is vacant, and has 300 feet of frontage on U.S. Hwy 27 and 580 feet of frontage along Rodeo Road. Development under the existing land use designation would allow up to 17 residential units on the RS zoned property and 3 residential units on the AR zoned property. Also, because this site is within 1,000 feet of the intersection of a collector and arterial road, commercial uses are allowed through special exception approval. These uses are: automobile service stations/car wash; barber and beauty shops; bed and breakfast; bookstore; business with drive-through; convenience store without fuel; drugstore; dry cleaning collection and delivery; florist; fuel station; grocery store; laundry facility; medical offices; mixed use buildings; and restaurants without drive-through. Agricultural uses are also allowed on the AR zoned property, with some restrictions. This property was the subject of prior land use amendments. In 2010, J.J. Wiggins submitted for a rezoning to neighborhood commercial and then withdrew the petition. Then, in 2012, J.J. Wiggins submitted for a large scale plan amendment to change the Future Land Use Map (FLUM) designation from Residential to Commercial and a rezoning to commercial PD; the same as has been submitted for this amendment. The comprehensive plan amendment was denied transmittal to the state on January 28, The exact motion of that meeting was, ON MOTION of Commissioner Griffin seconded by Commissioner Stanley the Board denied the request of Case Number COMP 12-03LS RZ Staff Report Page 3

4 J.J. Wiggins Memorial Trust, agent, to change the FLUM designation of 22 acres +/- from the present classification of Residential to Commercial because there was currently no commercial property in the area only residential. (The link to the minutes of that meeting are at this location The rezoning that was set to be heard next was not heard because of the denial of the comprehensive plan amendment. The applicants did not accept the denial and negotiations have occurred between the attorney and consultants for J.J. Wiggins and the county attorney and staff to change the site plan to mitigate some of the issues raised during that public hearing. In response to negotiations, the applicants made a change to the PD site plan to specifically address the impacts to adjacent residential properties along Rodeo Drive. The location and size of the commercial area remained the same; the parking and building were set back 150 feet back from Rodeo Road. In addition to this setback remaining, the new plan creates two 165 wide X 120 long residential lots along Rodeo Road, opposite two developed residential lots, and places a 30 foot wide landscape buffer around those new lots and along the boundary with the residential lot to the south. The picture below shows the southwest corner of new plan showing the location of the residential lots. Around the residential lots is a 30 foot wide landscape buffer. Review of Applicant s List of Proposed Uses A list of proposed allowable uses for the site was included in the application, application attachment Schedule of Uses. Staff has made changes to the list of uses and that revised list is included in the draft Ordinance adopting the PD rezoning. In revising the list of uses, staff took into consideration the following factors: The description from Section (2) Commercial planned developments. Commercial Planned Developments (CPD) are intended to further the general purpose of a planned development as it relates to commercial development. In addition to commercial uses, limited residential and light industrial uses are permitted within a commercial planned RZ Staff Report Page 4

5 development when developed with a unified design theme, where consistent with the comprehensive plan, and where consistent with the provisions of this subsection. The existing and probably future surrounding uses and impacts to those uses The prior list of uses that was submitted with the prior rezoning and the minutes from the January 28, 2013 meeting The applicants have added Agriculture and Associated Buildings, Farming, Forestry/Silviculture, and Horticulture to the Schedule of Uses under the Residential Lots and Agriculture under the Commercial. Staff revised this list to allow only those uses that are currently legal uses under the AR zoning district and allowed these to apply to the western 2/3rds of the site. Staff removed two uses: Automobile Service Stations/Car Wash and Public Utility Facilities. The Automobile service station and car wash could have negative affects due to noise. The noise from car wash machinery can carry to adjacent properties. The site plan also does not indicate a location where this use would locate, which normally requires a stand-alone location and its own internal circulation. Fuel sales were also not included in the 2012 submission. The Public Utility Facility could be a water treatment plant, sewage treatment works, a gas system, garbage service, telephone distribution system or plant, electrical distribution system, or other similar uses. This use is a permitted use only in ID-2 and Public Service districts and is not a light industrial use. It is not a use that is appropriate to this PD and is inconsistent with the Commercial FLUM designation. Staff revised: Business with drive through and restated it as Business without drive through Restaurants with drive through and restated it as Restaurants without drive through Convenience stores and restated it Convenience stores, no fuel The site plan, with its building, parking lot, and traffic circulation layout, does not appear to provide for appropriate development of these uses, which usually need to be separated from other stores and situated to allow circulation outside the main travel lanes. These uses were not included in the 2012 PD submission. Staff revised the use Signs, in accordance with LDC Chapter 133 to allow greater signage as part of the PD development standards. Chapter 133 requires a special exception for any total signage greater than 100 square feet. The 100 square feet would only allow a pole sign or some smaller building signs, but not both. Staff increased the total allowed freestanding signage to 200 square feet plus additional signage for each business. The applicant voluntarily limited some uses. For the Contractors/Construction Offices use they placed no outdoor storage, for Construction Material Sales use they added indoors only, for Recreation Outdoors they limited it to uses associated with the youth center, and for Veterinary Clinic/Hospital they added no outdoor boarding. RZ Staff Report Page 5

6 III. LAND DEVELOPMENT DISTRICTS A. Current Zoning Districts: 1. Residential single-family (RS) Scope and intent. This section applies to the RS residential single-family district. This district is intended to include lands developed for low and medium density single-family detached residences and vacant or partially developed lands indicated in the comprehensive land development plan as proposed for such urban uses. Certain structures and uses designed to serve educational, religious, noncommercial recreational, and other immediate needs of such areas permitted or permissible subject to restrictions and requirements necessary to preserve and protect the single-family residential character. 2. Agricultural Residential (AR) Scope and intent. This district is intended to provide for activities with agricultural orientation with a combination of residential uses. Normally, urban type services cannot be efficiently or economically supplied to lands within this district in the foreseeable future and such district is not to be considered urban. It is further intended that this district not be utilized for the purpose of avoiding or evading county subdivision regulations or that it be used as a residential single-family zoning district. DISTRICT CLASSIFICATION RS Residential single-family AR - Agricultural Residential PARCEL AREA BUILDABLE UNITS/ACRE SETBACKS (FT) MAXIMUM BUILDING HEIGHT (FT) DIMENSIONS WIDTH FRONT REAR SIDES (FT) 10,000 sq.ft % 5 acres % MAXIMUM LOT COVERAGE B. Proposed Zoning Districts: Planned Development (PD) Scope and intent. It is the purpose and intent of this section to create a stand-alone land development regulation for a specific site, by a planned development ordinance that allows the applicant and the county to create appropriate development regulations to address one or more uses and unit types. The regulations will allow the county and the applicant to address the internal integration and the external buffers or interaction, as appropriate. All property development criteria and regulations shall be addressed in the planned development ordinance for the specific site, including but not limited to, a schedule of allowed uses, buffering, setbacks, infrastructure requirements, development parameters, property development regulations, open space, and the density and intensity of development. The planned development ordinance for a specific site can be designed to accommodate a mix of residential uses, a mix of commercial uses, a mix of industrial uses or a mix of residential, nonresidential, institutional, conservation and recreation uses. The application shall be filed for the predominant use in the proposed development. The planned development ordinance for a specific site shall include all of the development regulations necessary to address each use and unit type and to address any unique uses and/or design features. All planned development ordinances must be consistent with the Comprehensive Plan. A planned development application must be filed when a planned development ordinance is required by the comprehensive plan, the land development code, or if the size of the property is in excess of the acreages that requires a planned development approval as described herein. This procedure will result in a newly defined zoning ordinance being created and the applicant's property being subject to the terms and conditions of the planned development ordinance. RZ Staff Report Page 6

7 IV. FUTURE LAND USE MAP DESIGNATIONS Existing and Retained Residential: Land areas used predominantly for housing with density of up to 7 units per acre. Uses may also include low-intensity non-residential uses such as neighborhood commercial uses including restaurants, barber shops, convenient food stores, movie rentals, houses of worship, public parks and plant nurseries; existing cemeteries; private child care centers and nonprofit private clubs of a fraternal or social character. Non residential uses shall develop at an intensity no greater than 0.25 floor area ratio and be buffered from residential uses. All non-residential uses shall be limited to a total amount of 100,000 square feet and shall not exceed 15,000 square feet at any one location for projects that are not associated with a PUD. Neighborhood retail commercial uses shall develop at an intensity no greater than 0.25 F.A.R and locate within 1,000 feet of the intersection of two arterial roads or the intersection of an arterial road and a collector road, and be appropriately buffered from residential uses. Projects greater than 150 units shall occur in the form of a Planned Unit Development, be compact, connect to central water and sewer, include a variety of residential units (single family units and multi-family units), and also include the following amenities: parks, and bicycle and pedestrian pathways that are connected in order to promote alternative modes of transportations. Projects greater than 500 units shall also include neighborhood retail uses. Proposed Commercial: Land areas which are predominantly connected with the sale, rental, and distribution of products, or performance of services. Densities shall be up to 24 units an acre for motel units; up to 30 units an acre for recreational vehicles; up to 0.5 floor area ratio for single story structures, with a minimum 0.4 site not covered with impervious surfaces; up to 1.0 floor area ratio for multi-story structures, with a minimum 0.4 site not covered with impervious surfaces. V. CONSISTENCY WITH COMPREHENSIVE PLAN Future Land Use Element Policy I-1.1A: All rezoning requests shall be reviewed by the County to ensure compatibility with surrounding neighborhoods and with the Comprehensive Plan and the Future Land Use Map Series. Incompatible proposals shall not be approved. Staff Review: The PD rezoning process provides the County, the applicant, and the citizens the best opportunity to ensure that the proposed development will be compatible with the surrounding neighborhoods and land development regulations. A site plan and development standards are adopted so that everyone knows what could be built and how it should be built. For this application, the original plan was not approved. In order to address this incompatibility, the applicants have added two residential lots in the southwest corner of the Wiggins property, which are located opposite the two developed residential lots. This places like uses opposite each other and buffers those existing residential uses from the commercial. Also, a buffer has been placed along the south side of the property adjacent to the residential along that property boundary and future residential development will also be required to be buffered. Policy I-1.3B: Commercial and industrial developments shall be designed to meet the neighborhood, community or regional needs of the residents of Glades County. RZ Staff Report Page 7

8 1. Commercial rezoning and development will be limited based upon the commercial needs of the residents and the impacts of rezoning on adjacent lands. Additional zoning and development will be approved only upon determination by the Planning and Zoning Board (PZB) that there is a special need, or to meet the needs of transients. 2. Commercial and industrial facilities shall be required to incorporate site design characteristics which aesthetically complement the area within which they are to be located. 3. Commercial and industrial developments shall be reviewed for their impact on support facilities, including, but not limited to, roads, central water, sewage, and fire protection. When new or additional facilities are required, approval for the proposal shall be contingent upon a commitment by the developer to pay a fair share of costs. 4. Actions 1-3, above, will be incorporated into the County s Land Development Code and/or Regulations by the end of Staff Review: Commercial development typically occurs along major roadways within and leading into major population centers. This site is located in close proximity to the City of Moore Haven boundary and will provide a large, uniformly designed commercial center that can provide space for neighborhood and general commercial uses. The applicants have provided minimum site development standards to promote compatibility and aesthetically complement the area. The project will be required to provide infrastructure to the site and make any improvements to the roadway required by the Florida Department of Transportation. Policy I-1.4B: New development emphasizing employment opportunities and needed retail enterprises shall be located within proximity to Glades residents while meeting all infrastructure requirements. Such developments shall be compatible with and complement the existing architectural design and density of surrounding neighborhoods. 1. The Planning and Zoning Board (PZB) will include employment opportunities, compatibility with the surrounding community, architectural design and density as criteria in its plan review. Staff Review: The development of this site will provide new employment opportunities for Glades County residents. It is also located in close proximity to a large population cluster in the county. The project will be required to provide all necessary infrastructure improvements. Policy I-1.6A: New land developments adjacent to existing and proposed arterial roads shall provide land for a frontage road or shall design the ingress and egress of the development to minimize the need for multiple access points. 1. The Planning and Zoning Board (PZB) will use this as a criterion in reviewing plans. The County Engineer will review all such proposals and will make recommendations to the PZB. Staff Review: Entrances to this site have been minimized to one new entrance onto U.S. Hwy 27. There will be an interconnection with the existing entrance to the site. Policy I-1.6B: Strip commercial land use adjacent to arterials will be discouraged and mixed-use developments near arterials using cluster techniques will be encouraged. 1. The Planning and Zoning Board (PZB) will only recommend the approval for commercial developments, of sufficient size that enable internal circulation patterns, to developments that minimize the need for multiple access points. Smaller commercial developments should only be recommended for approval if they are RZ Staff Report Page 8

9 located to serve an established neighborhood, or at the intersection of arterial and/or collector roads. The County Engineer will review all such proposals and make recommendations concerning this criterion to the PZB. Staff Review: The development proposed for this site will be located on west three-quarters of a 22 acre site and will be developed in a cluster-style, not strip-style. The development will allow a mixture of commercial and light industrial uses, along with two residential units. It is also located within 1,000 feet of an intersection of an arterial and collector road. VI. REZONING CONSIDERATIONS When recommending whether to rezone a classification of land, the factors listed below are what the Community Development Department evaluates, where applicable: # EVALUATION CRITERIA STAFF FINDINGS The proposed change is contrary to the established land use pattern. There is a mix of residential, commercial, institutional and agricultural uses along this 1 roadway. With no single established land use pattern along this section of road, these new commercial uses will not be contrary to the land The proposed change would create an isolated district unrelated to adjacent and nearby districts The proposed change would materially alter the population pattern and thereby increase or overtax the load on public facilities, such as schools, utilities, streets, etc. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed change would be contrary to the Future Land Use Map and would have an adverse effect on the Comprehensive Plan. Changed or changing conditions made the passage of the proposed amendment necessary. Changed or changing conditions will adversely influence living conditions in the neighborhood. The proposed change will create or excessively increase traffic congestion or otherwise affect public safety. The proposed change will create a drainage problem. The proposed change will seriously reduce light and air to adjacent areas. The proposed change will adversely affect property values in the adjacent area. The proposed change will be a deterrent to the improvement or development of use pattern. This is not an isolated district along this road as other vacant commercial locations exist within close proximity. This development should not reduce the Level of Service of public facilities. RZ Staff Report Page 9 N/A Not the majority. Two proposed uses, agriculture and public utility facility, are considered inconsistent and are recommended for denial. New construction is occurring and slated to occur in the area. The development conditions of the Planned Development provide reliability as to the form that the development will take on the property, thereby mitigating the change on adjacent properties. The proposed change would increase traffic to this site. However, the traffic study has indicated that the change will not cause an adverse impact on the U.S. Hwy 27. It should not. The impact would be greatest on residential along Rodeo Road and the applicants have

10 adjacent property in accord with existing regulations. The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There are substantial reasons why the property cannot be used in accord with existing zoning. Whether the change suggested is out of scale with the needs of the neighborhoods or the County. It is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. mitigated that impact by placing two residential sites along that roadway. Staff respectfully submits this staff report for your review. Signed, Inga R. Williams, AICP Community Development Director RZ Staff Report Page 10