TO: Mayor and Commission AGENDA DATE: 11/7/2022
FROM: James Chisholm, Interim City Manager AGENDA ITEM:
SUBJECT:
Title
Public Hearing - Ordinance No. 13-2022, Fernanda Place RPUD Major Amendment to include a new ±43.55-acre phase (Phase 3) to the Fernanda Place RPUD. The RPUD amendment includes changing the zoning for a ±43.55 acres of land from Agriculture Classification (A) to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Community Development Director, (386) 878-8610.
Strategic Goal: Community Development.
Body
LOCATION:
The property is located on the south side of Fernanda Drive and directly east of Pine Ridge High School.
BACKGROUND:
Background
The City of Deltona received an application for a rezoning to amend the Fernanda Place RPUD adding a new phase - Phase 3. The request involves changing the zoning on a ±43.55-acre parcel from Agriculture Classification (A) to Residential Planned Unit Development (RPUD).
The Future Land Use designation of proposed Phase 3 of Fernanda Place is Low Density Residential (LDR) (0-6 dwelling units per acre). The Residential Planned Unit Development amendment proposes a maximum net density of 3.49 dwelling units per acre, which is consistent with the Future Land Use Element of the Comprehensive Plan. The applicant is proposing 152 units as part of this rezoning. The density thresholds of the LDR, or any land use designation are expressed in gross terms. There are features like open water bodies and other physical features such as easements that may result in a reduction of actual density. In addition, right-of-way dedications and infrastructure like stormwater and environmental constraints can impact the final net density associated with a project. The project net density of 3.49 dwelling units per acre is consistent with the Future Land Use Map.
In comparison to the existing Agriculture (A) zoning, Phase 3 is currently entitled to have up to a gross density of one (1) dwelling unit per acre (43 units). After calculations accounting for the minimum one (1) acre lot size, and factoring necessary infrastructure (stormwater, roads, utilities, and landscape buffers), staff determined the site could possibly accommodate approximately 28 single-family lots. The RPUD proposal provides for approximately 124 more single-family lots than what would be allowed under the Agricultural zoning classification. However, the applicant proposing an urban type of residential project that will be fully serviced by central water, sewer and reclaim connections from the existing Fernanda Place Subdivision.
The 152-unit Phase 3 will be connected and integrated into existing Phases 1 and 2 by a roadway connection, shared amenities and a similar housing type (detached dwellings on individual lots). In addition, the applicant has indicated the Homeowners Association (HOA) will be updated to ensure all three phases of Fernanda Place are managed in a comprehensive and unified manner. All traffic from proposed Phase 3 will use existing Fernanda Dr. to access Howland Blvd. In light of the 1,535 trips forecasted to be generated by the new phase, safe Howland Blvd. access at the intersection of Fernanda Dr. and Howland Blvd. is important. Therefore, the intersection of Fernanda Dr. and Howland Blvd. will need to be signalized. To facilitate signalization, a roadway connection from Pride Elementary school will need to be constructed. The new roadway will extend from between Learning Lane and Fernanda Dr. along the southern margin of Fernanda Phase 1.
There are several outstanding matters associated with existing Phases 1 and 2 of Fernanda Place that staff has suggested be addressed as part of this amendment to the Fernanda Place project. Those matters are summarized as follows:
1) Amenity location and improvement;
2) Parking within existing Phases 1 and 2;
3) Reclamation of an excavated area located within the northern section of Phase 2; and
4) Heavy truck hauling through the existing neighborhood to cut, fill and grade new Phase 3.
Staff suggests information will need to be generated by the applicant and changes to the updated Development Agreement (DA) for the RPUD amendment need to occur with the goal of improving the design, function and internal compatibility of the project. Therefore, the following is applicable:
1) Phase 3 of the project will have active amenities including a tot lot playground to be located on Tract P-3, as depicted on the MDP. The project will also provide a pedestrian connection within Park Tract P-2 to the dog park (Tract P-1) to be located at the northeastern portion of the property. The applicant also proposes to expand the existing pool amenity situated within Phase 1 to accommodate for and serve the additional 152 single-family lots of Phase 3. The pool expansion will include the construction of a new pool and more parking. The new pool will be appropriately designed and constructed to support the increase of usage associated with new Phase 3. Finally, Staff suggests a trail should be incorporated around the perimeter of the stormwater area to better connect pedestrian mobility to other amenities (dog park) and sidewalk network.
2) The applicant has proposed retrofitting Fernanda Phase 1 and Phase 2 with 17 additional overflow parking spaces situated within Tract J of Fernanda Phase 2. The applicant has determined there will be parking afforded as part of the amenity center expansion. Amenity center parking will provide a remote parking option during amenity center off hours. The total new parking spaces for Phases 1 and 2 will be 23. In addition, the applicant is going to construct a roadway connecting Fernanda Dr. to Pride Elementary school. The road will be a two-lane facility accommodated within a 60-foot wide right-of-way envelope. This roadway segment will be designed to accommodate on street parking along one side of the roadway. The City will not be responsible for maintaining parking areas.
3) To address parking within existing Phases 1 and 2 of Fernanda Place, the applicant has suggested allowing on street parking within the existing phases along with the 17 spaces proposed within Tract J of Phase 2. Staff is not opposed to the concept of on street parking especially if associated with an enforceable and uniform, designated area for parking (just one side of the road, for example). However, the limitation is the roadway network within Phases 1 and 2 is associated with an existing 24-foot, two-way travel lane contained within a 50-foot right of way. Without expanding the paved travel lane envelop to accommodate on street parallel parking, on street parking design within Phases 1 and 2 is dysfunctional. For example, the standard width of a parking place is nine feet. If a portion of the existing 24-foot travel lane area was repurposed for on street parking there would not be enough travel lane width to accommodate two-way traffic. In addition, there would not be enough room to allow the staging and use of certain emergency vehicle types. The applicant is proposing an on-street parking design for Phase 3 along with remote parking. The on-street parking within Phase 3 will be limited to one side of the street and may only be available within certain segments of the local roadway network within Phase 3. The Phase 3 on-street parking cross-section design will include two 12-foot travel lanes (24 feet) and a 9-foot parallel parking area on one side of the street. The 9-foot parallel parking area can include the gutter stormwater conveyance area located on the travel lane side of the curb. The City will not be responsible for maintaining the parking area and maintenance responsibility will rest with the HOA.
4) As part of the Fernanda Place Phase 2 Plat, there were two amenity pond tracts created. These areas were planned to also provide a level of drainage/retention function. Ponds were excavated in these areas and fill from the ponds were used on both phases 1 and 2 of Fernanda Place and some of the fill was hauled off of the property. The amenity pond areas were never completed. The existing condition of the ponds include steep slopes, abandoned fill piles, old piping, and a network of unpaved haul/excavation trails which create an attractive nuisance and are unsafe. According to City Code regarding excavation uses (Sec. 110-817(o)) there are extensive site, including pond, restoration requirements. Even stormwater pond design is carefully regulated to ensure a high level of safety and function. The amenity pond areas in the existing condition represent neither.
This unacceptable situation has been discussed with the applicant. Parenthetically, the applicant nor any home builders within Phase 1 or Phase 2 of Fernanda Place actually did any of the amenity pond work. The work was undertaken by a former owner. However, the applicant now through controlling ownership, is responsible for the abandoned amenity pond work. The applicant has agreed to address this matter. The issue of the amenity and stormwater pond area is also affiliated with the below issue of hauling of fill through the existing Phases of Fernanda Place.
5) Heavy truck hauling through an existing neighborhood can be very disruptive. The effort to mitigate the hauling impacts is appreciated through a limitation on the days and hours of operation.
Another matter for consideration is, if the development of Phase 3 will require the importation of fill and the applicant cannot obtain fill from the amenity pond area where will the fill come from? The only option to bring fill to the Phase 3 site is through a network of local streets either through Fernanda Place or the neighborhood of which access to Osteen Cemetery Rd. will be gained. With regard to this matter of pond restoration, hauling and the filling associated with Phase 3, the following is recommended:
A. The applicant will be required to undertake restoration/reclamation of the amenity ponds consistent with the mechanical reclamation guidelines of Sec. 110-817(o) of the City Land Development Code.
B. The reclamation will include appropriate modification of slopes and the removal of fill from the haul road wetland crossing. All fill and related infrastructure shall be removed from the wetland and the impacted wetland area shall be replanted with appropriate wetland vegetation. The wetland restoration area shall be fenced to discourage off highway vehicle use.
C. There shall be a detailed geo-technical report prepared by the applicant to outline the terms of the pond restoration/reclamation including the amount of fill that may be removed from the site. The geo-technical report shall only address restoration/reclamation activities and shall not represent a method of which to facilitate the removal of fill beyond what should be removed to facilitate restoration/reclamation. City staff will request an escrow amount from the applicant for peer review services of the geo-technical report.
D. Beyond what may be yielded and otherwise quantified for the restoration/reclamation of the amenity pond areas by the geo-technical report, there shall be no fill imported to or exported from Phase 3. If there are inherent limitations to the land, those limitations need to be recognized and otherwise accounted for in the land development process.
a. The hours of operation - both earthwork and hauling shall be limited to 9:00 am to 2:00 pm.
b. The days of operation shall be limited to Monday through Friday not including Federal holidays.
c. There shall be no tracking on City streets.
d. There shall be no stockpiling of material on site.
e. A bond of at a minimum of 115% shall be posted to ensure hauling impacts to City streets are addressed.
f. Best management practices shall be employed with regard to dust management.
g. During active restoration/reclamation, the site shall be secured to prevent unauthorized use of the area.
h. The lifespan of the hauling activity shall be determined by the amount of fill that may be removed from the site as per the required geo-technical report.
Staff suggest the above conditions could be implemented as part of the DRC process. To facilitate reclamation and appropriate management of fill hauling, the applicant has agreed to pledge a performance bond in the amount of 115% to facilitate restoration and to protect City infrastructure from hauling. (The bond will also cover the construction of the 17 parking spaces in the amenity pond tract.)
For more information see the attached staff report.
On May 18, 2022 the City Planning and Zoning Board heard the rezoning amendment to the Fernanda Place RPUD. The P/Z Board voted five (5) to two (2) to recommend denial of the project.
The Interim City Manager has the authority to make corrections of scrivener’s errors and the like.
A summary of needed updates to the DA and other RPUD documentation are as follows:
1) Description of applicable roadway cross-sections including on-street parking design;
2) Information about the expansion of the pool and parking associated with the proposed amenity center;
3) Statement about the allocation of pedestrian trail for Phase 3 along the proposed stormwater area;
4) Parking retrofits for Phase 1 and 2 need to be discussed;
5) Updates to how parking regulations will be enforced by the HOA;
6) Clarification ensuring the HOA will cover/manage all phases of Fernanda Place in a unified manner;
7) Limitation of model homes within new Phase 3 to five (5), with conditions.
8) Addition of language about the reclamation of the amenity pond area including geo-technical or permitting information;
9) Recognition about the posting of a 115% bond for reclamation, hauling, and parking; and
10) Update all exhibits within the Ordinance as applicable.
The intent is these matters be fully incorporated into the updated RPUD Development Agreement in advance of the second and final hearing for this rezoning request.
OPTIONS:
1. Approve Ordinance No. 13-2022.
Advantages:
a. The approval of this project will result in the entitlement of an additional 152-unit residential development intended to be fully serviced by utilities and other infrastructure.
b. The natural features of the site are integrated with the proposed development.
c. The subdivision will be managed by a Homeowner Association (HOA).
d. The RPUD application gives the City the ability to retrofit Phase 1 and 2 to include overflow parking to address on-street parking issues within the neighborhood.
e. The RPUD creates a condition where the amenity pond area can be restored in a safe manner without having to resort to Code Compliance action.
f. A portion of wetland will be restored.
g. A signal will be installed at the intersection of Fernanda Dr. and Howland Blvd. to facilitate protected movements for use by both Pride Elementary and Fernanda Place.
h. The applicant will donate $100,000 to furtherance of affordable housing efforts within the City.
Disadvantages:
a. The project will connect the additional 152 single-family units into an existing residential subdivision and dependent on Fernanda Drive for access. Therefore, approval of the project will also bring about increased traffic volumes along the local road system, as the project is anticipated to generate up to 1,602 average daily trips.
b. The City may have to take Code Compliance action with regard to the restoration of the amenity ponds.
c. The ability to retrofit Phase 1 and 2 to include overflow parking to address on street parking issues within the neighborhood will be diminished.
d. A signal may not be installed at the intersection of Fernanda Dr. and Howland Blvd. to facilitate protected movements for use by both Pride Elementary and Fernanda Place.
2. Deny Ordinance No. 13-2022.
Advantages:
a. The area will remain unchanged and there will be less traffic in the area.
Disadvantages:
a. This is an extension of an existing development. Not allowing extension of a compact development pattern, will result in a less efficient use of City land resources.
b. Under the existing zoning classification of the site (A - Agriculture with maximum density of one dwelling unit per acre) no development agreement is required between the City and the property owner/developer.
c. The PUD development agreement contains the obligations of the owner/developer and the City, and lays out the various conditions and standards that will control the development of the property (i.e. amenities, parking, Homeowner Association, environmental protection requirements, etc.).
d. Parking within existing Phase 1 and 2 Fernanda Place will be more difficult to address.
e. A signal may not be installed at the intersection of Fernanda Dr. and Howland Blvd. to facilitate protected movements for use by both Pride Elementary and Fernanda Place.
f. The City will not receive a $100,000 donation by the applicant for the furtherance of affordable housing efforts within the City.
End
COST:
N/A
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
Community Services, Planning and Development Services Division
STAFF RECOMMENDATION PRESENTED BY:
Ron A. Paradise, Director, Community Services - Staff recommends the City Commission approve Ordinance No.13-2022 at first reading and further direct Staff and the applicant to appropriately update the Development Agreement and other applicable RPUD documentation to generally address the following: amenity upgrades and improvements; street cross-section design including on-street parking; HOA management including parking enforcement; parking retrofits; limitation of model home construction; and amenity pond reclamation including hauling and bonding.
POTENTIAL MOTION:
Recommendation
“I hereby move to approve Ordinance No. 13-2022, Fernanda Place RPUD Major Amendment to include a new ±43.55-acre phase (Phase 3) to the Fernanda Place RPUD at first reading and further direct Staff and the applicant to appropriately update the Development Agreement and other applicable RPUD documentation to generally address the following: amenity upgrades and improvements; street cross section design including on-street parking; HOA management including parking enforcement; parking retrofits; limitation of model home construction; and amenity pond reclamation including hauling and bonding for the following facts/reasons:
a) There is infrastructure available to support the proposed RPUD amendment;
b) The RPUD amendment is consistent with the Comprehensive Plan including the Low Density Residential (LDR) future land use designation density range; and
c) The proposed development of Phase 3 of Fernanda Place is compatible with the surrounding neighborhood representing a logical extension of Phase 1 and 2 of Fernanda Place.
The Interim City Manager has the authority to make corrections of scrivener’s errors and the like.”
Or
“I hereby move to deny Ordinance No.13-2022 at first reading. For the following facts/reasons:
a) The RPUD amendment is not compatible with the current rural nature of land located along the Osteen Cemetery Road corridor;
b) The request results in an undermined amount of potential heavy truck traffic through an existing neighborhood;
c) The proposal increases traffic through an existing neighborhood; and
d) As proposed, the design of Phase 3 furthers automotive dependence and discourages walking and a pedestrian transportation mode by relying on the improvement of a remote amenity area to serve new residents;
The Interim City Manager has the authority to make corrections of scrivener’s errors and the like.”
END