City of South Daytona Community Development Dept. Post Office Box 214960 South Daytona, FL 32121 386/322-3020 FAX 386/322-3029 MEMORANDUM To: From: Date: Re: Joseph W. Yarbrough, City Manager John Dillard, Community Development Director March 17, 2016 REQUEST TO AMEND FUTURE LAND USE MAP AND REZONE FOR PROPERTY LOCATED AT 2501 S. RIDGEWOOD A VENUE AND PROPERTIES ON S. PALMETTO CIRCLE. BACKGROUND INFORMATION Ordinance 16-01: -APPLICATION TO AMEND THE FUTURE LAND USE for several parcels of land (approximately 8.03 acres). Location consists of five lots along the river and one lot with frontage on South Ridgewood A venue. All lots are within the Halifax Center Subdivision, a subdivision platted in 1997 and designated for commercial and residential uses. Lot 1, of the Halifax Center Subdivision is a 5.83 acre undeveloped lot bounded to the north by South Palmetto A venue, to the west by the eastern right-of-way line of South Ridgewood Avenue, to the east by the west right-of-way line of Palmetto Circle and to the south by Lot2, of the Halifax Riverside Park. This parcel was designated for General Commercial until January 2006, when the City Council adopted Ordinance No. 05-35. This ordinance amended the official zoning map and changed the zoning of five residential lots along the Halifax River and Lot 1, of the Halifax Center to allow a mixed use PCD that had both retail shops and residential condominiums. Unfortunately, this project went the way of most condominium projects at that time and was never constructed. In 2008, a new Future Land Use Map (FLUM) was adopted and a broader designation of "Mixed Use" was given to these parcels, and other high density residential projects, to provide greater flexibility in developing these projects. This was done to spur development interest, but it was to no avail. The current PCD provides the potential for a major project for the City and significant appreciation in fair market value for these parcels if developed as the PCD proposes. However, as our recent development market survey revealed, such a project is very unlikely to occur. Also the PCD does have adverse consequences. The mixed use has certain requirements, including minimum acreage and frontage on the river and Ridgewood. All the parcels of this PCD are needed to meet these requirements. If Lot 1 was removed from the PCD, the remaining properties would not meet these minimum requirements, i.e., acreage and Continuing Commitment to Excellence
Ridgewood frontage. Likewise, if the residential properties were removed from the PCD the project would not have river frontage. Since all of these parcels are governed by a single PCD and all of the parcels are needed for compliance with the minimum development requirements, any parcel of the PCD can only be developed when all of the parcels are developed together as outlined in the PCD. This means that Lot 1 must remain vacant until the entire project is developed. Also, the riverfront homes are non-conforming uses. This designation places restrictions on these parcels, such as inability to rebuild if the home is damaged by more than 50% of its value. This could negatively impact the marketability of these homes as a single family residential use. The City was contacted by a prospective purchaser of Lot I whose intent was to develop the parcel for commercial purposes only. We explained the situation and that the City could not rezone Lot I without addressing the impact to the remaining parcels of the PCD, i.e., the developed residential properties. There were meetings with all but one of the residential property owners in the PCD (the one property owner that did not attend the meeting just purchased the home from a financial institution). The conclusion of these meetings was that the residential property owners would request a rezoning back to residential and Lot 1 would be rezoned to a commercial zoning. The City has received written requests from all property owners, including the property owner who did not attend the meetings, to make these zoning changes. To accomplish the request, the City must amend both the future land use designation on each property and then rezone the properties as requested. Since the combined parcels are less than 10 acres, this would be considered a "Small Scale Comprehensive Amendment". This document is the initial step in the process. 1. Owners: Madeira Recovery, LLC Greg and Janice Johnson William and Debra Wetherell Sammy Tri Van and Hien Thi Troung William and Patti Shelton Ivan and Janie Cowger 2. Property Addresses: 2501 S. Ridgewood Avenue 2453 S. Palmetto Circle 2457 S. Palmetto Circle 2461 S. Palmetto Circle 2465 S. Palmetto Circle 2469 S. Palmetto Circle 3. Applicant/Agent for Madeira Recovery. LLC: Paul Holub Development Company P.O. Box 730086, Ormond Beach, Florida, 32174 Page 2 of 4
4. Proposed Use: Residential for Riverfront lots Business General Commercial for 2501 South Ridgewood Avenue (specific uses not determined at this time). (See Attachment A.) 5. Property Area: 2501 South Ridgewood Avenue-5.83 acres Combined riverfront lots - 2.2 acres 6. FLUM Designation: Mixed Use-1 7. Surrounding Area: Current Land Use FLUM Designation North Commercial/Apartments Mixed Use 1 East Residential/River Mixed Use 1/River South Vacant Lot/Residential Mixed Use 1 West Commercial/Vacant Lot Mixed Use 2 Current Zoning Business General Commercial/R3 -Multi-Family Planned Commercial Development/Residential Planned Unit Development/Residential Mixed Use 2 8. Land Use Compatibility: The proposed dissolution of the Planned Commercial Development and the rezoning of the properties to residential and commercial is consistent with the commercial and residential uses in the vicinity of this project. 9. Adequacy of Public Facilities: City water and sewer are available to the sites and there is adequate access for the commercial properties from South Ridgewood A venue and the residential lots have access from South Palmetto Circle. 10. Comprehensive Plan Consistency: Per Policy 1-11 of the Future Land Use Element, "single family residential uses may be allowed in conjunction with business uses in Business General Commercial, Professional Office, and Mixed Use". Per Policy 7-3 of the Future Land Use Element, ''New development shall be required to be compatible with adjacent existing development by the layout of land uses and/or the provision of adequate buffering". Per Policy 13-12 of the Future Land Use Element, "The City shall encourage opportunities for economic development by promoting commercial and recreational projects that will generate an increased flow of people and spending within the Ridgewood Corridor Redevelopment Area". Ordinance 16-02: -APPLICATION TO AMEND THE OFFICIAL ZONING MAP which rezones the properties which have single family residential home to Single-Family Residential (R-lA) and the vacant parcel along Ridgewood Avenue is rezoned to Business Page 3 of 4
General Commercial (BGC). Ordinance 16-02 will become effective upon Ordinance 16-01 becoming effective, which does not occur until a Certificate of Consistency is issued by the VGMC and no appeal is sought through the Department of Economic Opportunity. STAFF RECOMMENDATION: Staff recommends approval of this request. This will eliminate the non-conforming designation for all of the homes along the river that participated in the old PCD of 2006. This will also allow for the development of a vacant parcel of land that fronts South Ridgewood A venue, which has never been developed and will add much needed new development in the City. Since the parcel to be changed to Commercial has no specific tenants at this time, all development on that parcel will be subject to full staff review and site plan requirements including buffering, landscaping and traffic pattern/layout.. These requests were heard before the Land Development Regulation Board on March 16, 2016 and were unanimously approved and recommended to City Council for consideration. Page4 of 4
ORDINANCE NO. 16-01 AN ORDINANCE OF THE CITY OF SOUTH DAYTONA, FLORIDA, MAKING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF THE FOLLOWING ADDRESS ON SOUTH RIDGEWOOD A VENUE FROM MIXED USE 1 TO COMMERCIAL - I.E. 2501 SOUTH RIDGEWOOD AVENUE, A COMBINED TOTAL OF APPROXIMATELY 5.83 ACRES, AND THE FOLLOWING ADDRESSES FROM MIXED USE 1 TO RESIDENTIAL, 2453 SOUTH PALMETTO CIRCLE, 2457 SOUTH PALMETTO CIRCLE, 2461 SOUTH PALMETTO CIRCLE, 2465 SOUTH PALMETTO CIRCLE AND 2469 SOUTH PALMETTO CIRCLE, A COMBINED TOTAL OF APPROXIMATELY 2.2 ACRES; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the properties described herein were consolidated for a mixed use high rise project in 2005; and WHEREAS, the project has never materialized and the property owners of these various parcels desire to change the land use of these properties to aljow the existing residential homes to remain and allow the vacant parcel on Ridgewood Avenue to be develop separately as a commercial project; and WHEREAS, this small scale comprehensive plan amendment has complied with all due process as required by Florida Statutes and the City's regulations, including notification of neighboring property-owners, public advertisement, and public hearing NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTH DAYTONA, VOLUSIA COUNTY, FLORIDA, THAT: SECTION 1. The Future Land Use Map for the property located at 2501 S. Ridgewood Ave., is hereby amended to Commercial. The legal description for the property subject to this rezoning action is: Lot 1, of the Halifax Center Subdivision, as recorded in Map Book 41, Page 189, of the Official Records of Volusia County, Florida. SECTION 2. The Future Land Use Map for the properties located at 2453 S. Palmetto Circle, 2457 S. Palmetto Circle, 2461 S. Palmetto Circle, 2465 S. Palmetto Circle, and 2469 S. Palmetto Circle, are hereby changed to Residential.
The legal descriptions for the properties subject to this rezoning action are: Lots 6, 7, 8, 9 and 10, of the Halifax Center Subdivision, as recorded in Map Book 41, Page 189, of the Official Records of Volusia County, Florida. SECTION 3. Location Map of Properties with Future Land Use Map Amendment_"Attachment A", attached hereto and considered an integral part of this Ordinance, shows the location of the properties subject to a Future Land Use Map amendment to Commercial and Residential. SECTION 4. Repealer. All ordinances made in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof. SECTION 6. Effective date. That this Ordinance shall become effective upon completion of the appeal period for comprehensive plan amendments allowed by Florida law and upon issuance of the certificate of consistency by the Volusia Growth Management Commission. PASSED upon first reading at a regular meeting of the City Council of the City of South Daytona held in the City of South Daytona, Florida, on the day of, 2016. PASSED upon second and final reading at a regular meeting of the City Council of the City of South Daytona held in the City of South Daytona, Florida, on the day of ----- ' 2016. SIGNED: GEORGE F. LOCKE III, Mayor ATTEST: APPROVED AS TO FORM: JOSEPTH YARBROUGH City Manager SCOTT E. SIMPSON City Attorney Page 2of2