TO: Mayor and Commission AGENDA DATE: 4/19/2021
FROM: John A. Peters, III, P.E., Acting City Manager AGENDA ITEM: 6 - A
SUBJECT:
Title
Public Hearing - Ordinance No. 06-2020, rezoning request (RZ20-0003) for a +110.43 acre tract from County Prime Agriculture (A-1) to City of Deltona Residential Planned Unit Development (RPUD), at second and final reading - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified & high-quality housing opportunities to provide for all market demands.
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LOCATION:
The property is located off of Enterprise Osteen Road, west of SR415 situated in the southeastern section of the City near the community of Osteen.
BACKGROUND:
Background
The City of Deltona received an application to change the zoning on a ±110.43 acre parcel from County Prime Agriculture (A-1) to Residential Planned Unit Development (RPUD). The project as designed features 189 detached single family lots. The minimum lot size within the project is 6,000 square feet. The project, known as Hickory Lakes Preserve, is located off of Enterprise Osteen Road just west of SR 415 situated in the southeastern section of the City near the community of Osteen. The project will have access to Enterprise Osteen Road but will be designed with a vehicular stub-out to property situated to the west. The intent of the stub-out is to promote efficient connectivity between land uses independent of the City thoroughfare network. The project features community amenities including a small dog park and an open play area. For more information relating to the project see the attached staff report and related graphics.
All PUD zoning actions are associated with a written Development Agreement (DA). The Hickory Lakes Preserve DA is attached. The DA illustrates how the property will be developed by articulating requirements such as minimum lot sizes, setbacks, etc.
With regard to the Hickory Lakes Preserve RPUD and as with any rezoning request, there are alternatives the City could consider when determining the appropriateness of the project. However, each member when considering an alternative should provide rationale for their vote. The rationale needs to be fact based, predicated on evidence.
The two following alternatives including some advantages, disadvantages, and evidentiary rationales for each approach are offered for the City Commission to consider:
1. Deny the project.
Advantages: The area will remain unchanged. There will be less traffic in the area, and the rural state of mind in the vicinity will be reinforced.
Disadvantages: The City is an urban institution. The City is poised, including through investments in central utilities, to promote well planned urban development within its boundaries. State law under Florida Statutes 163.3177(1)(f)3. requires the City accommodate its fair share of growth. Therefore, the City may need more dwelling units.
Rationale for Denial - Findings of Fact:
a) The proposal to entitle the property for suburban densities is not compatible with the surrounding development pattern because:
1) Much of the lot sizes in the area are acreage oriented lots (one acre or larger);
2) At least two abutting parcels are engaged in bona fide, commercial agriculture; and
3) The property abuts conservation oriented land.
b) The property does have environmental resources like wetlands, floodplain areas, etc.
2. Approve the project.
Advantages: The project makes efficient use of City land and infrastructure resources. This will allow the City to support growth in a manner that comports with the suburban community character of the City at large. In addition, the project has been redesigned to minimize impacts to the floodplain and direct residential development away from hazardous areas. A more resilient and sustainable development pattern will result which will require less future City intervention and investment. More open space is afforded under the revised plan. Finally, wetland and open water resources will be protected.
Disadvantages: Even with the reduction of density, the project represents a suburban scale development that could be considered incompatible with the neighborhood in the immediate vicinity.
Rationale for Approval - Findings of Fact
a) There is adequate infrastructure to support the development including roadway, school, and utility capacity;
b) Environmental resources like wetlands, waterbodies and floodplains will be safeguarded;
c) Based on a preponderance of urban entitlements allocated to the area by both the County and the City, including but not limited to, the Osteen Local Plan, the rezoning request is compatible with the envisioned urban development of the area;
d) Significant buffers will be afforded to protect scenic vistas, adjacent agricultural uses and abutting conservation land; and
e) The requested RPUD is consistent with the Comprehensive Plan.
Note: this request for a rezoning is a quasi-judicial hearing. There will be a swearing in of witnesses and commissioners will be asked to disclose all ex parte communication. In addition, this request will generate some public comment. However, the standing of those parties making comment is an important component of quasi-judicial decision making. At a minimum, those presumed to have standing would be parties situated within the City required 300 foot mailing radius that were directly noticed. A staff memorandum to the Planning and Zoning Board regarding updates to the rezoning request is included within this agenda item. Attached to the memorandum is a list of parties notified by mail about this request.
On February 17, 2021, the Planning and Zoning Board heard the Hickory Lakes Preserve RPUD rezoning request. The Planning and Zoning Board voted five (5) to two (2) to forward this ordinance to the City Commission with a recommendation to deny the RPUD rezoning request. The reason cited by the Planning and Zoning Board for the recommendation of denial was the proposed project at the density proposed was not compatible with the rural character (larger, acreage-oriented lots and some bona fide agriculture uses) of the surrounding area.
On March 15, 2021, the City Commission voted four (4) to three (3) to approve on first reading Ordinance No. 06-2020.
Finally, at the March 15, 2021 meeting topic of urban sprawl was broached. Please be advised the requested rezoning maximizes the use of existing and proposed urban services; represents an efficient use of land within the jurisdiction of Deltona; and directs investment and development away from ecologically sensitive and/or hazardous areas.
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COST:
N/A
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
Planning and Development Services
STAFF RECOMMENDATION PRESENTED BY:
Ron A. Paradise, Director, Planning and Development Services - Staff recommends the City Commission approve Ordinance No. 06-2020 to rezone a ±110.43 acre property at second and final reading from the County Prime Agriculture classification to Residential Planned Unit Development featuring no more than 189 units; with all proposed changes to the written development agreement, based on the following:
a) There is adequate infrastructure to support the development including roadway, school, and utility capacity;
b) Environmental resources like wetlands, waterbodies and floodplains will be safeguarded;
c) Based on a preponderance of urban entitlements allocated to the area by both the County and the City, including but not limited to, the Osteen Local Plan, the rezoning request is compatible with the envisioned urban development of the area;
d) Significant buffers will be afforded to protect scenic vistas, adjacent agricultural uses and abutting conservation land; and
e) The requested RPUD is consistent with the Comprehensive Plan.
POTENTIAL MOTION:
Recommendation
“I hereby move to adopt Ordinance No. 06-2020 to rezone a ±110.43 acre property at second and final reading from the County Prime Agriculture classification to Residential Planned Unit Development featuring no more than 189 units; with all proposed changes to the written development agreement, based on the following:
a) There is adequate infrastructure to support the development including roadway, school, and utility capacity;
b) Environmental resources like wetlands, waterbodies and floodplains will be safeguarded;
c) Based on a preponderance of urban entitlements allocated to the area by both the County and the City, including but not limited to, the Osteen Local Plan, the rezoning request is compatible with the envisioned urban development of the area;
d) Significant buffers will be afforded to protect scenic vistas, adjacent agricultural uses and abutting conservation land; and
e) The requested RPUD is consistent with the Comprehensive Plan.
The Acting City Manager has the authority to make corrections of scrivener’s errors and the like.”
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