1. CITY OF NEW SMYRNA BEACH – DEVELOPMENT SERVICES
Gardens 207 LLC – Pioneer Trail #A-7-05
August 1, 2005
I. Background
1. Applicant: Paul Momberger, 55 Seton Trail, Ormond Beach
2. Property Owner: Gardens 207, LLC, 6401 SW 87th
Avenue, Miami
3. Request: Voluntary annexation, comprehensive plan amendment, and Rezoning
From County Future Land Use (FLU) designations of: Commercial, Office21
Commercial/Office, Public/Semi Public, Rural, Tourist Commercial, Urban
High Intensity, Urban Low Intensity, and Urban Medium Intensity. County
Zoning designations of: A-2, Rural Agriculture, A-3, A-3 (2) and A-3C (2),
Transitional Agriculture.
To City Future Land Use (FLU) designation of: Conservation, Low Density
Residential, and Activity Center. City zoning designations of: RPUD,
BPUD and Conservation.
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Subject
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2. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
4. Recommendation: Staff recommends the Planning and Zoning Board
recommends to the City Commission that they approve: the proposed
annexation; staff’s version of zoning designations (Exhibit 13); and staff’s
version of future land use designations (Exhibit 26), once the City Commission
adopts a Rural future land use designation.
5. Site Information:
• Size: 786.00 acres
• Location: South of Pioneer Trail Road, between interstate-95, State Road 44,
and Sugar Mill Drive
6. Exhibits:
6.1. Existing Conditions
• Exhibit 1(pF-15) - Photos of the Subject Parcel
• Exhibit 2(pF-17) - Comprehensive Plan Map II-4 – Existing Land
Use
• Exhibit 3(pF-18) - Map of Current Zoning Boundaries
• Exhibit 4(pF-19) - Description(s) of Current Zoning Designation(s)
• Exhibit 5(pF-28) - Map of Current Future Land Use Boundaries
• Exhibit 6(pF-29) - Description(s) of Current Future Land Use
• Exhibit 7(pF-39) - Map of the Soil Types Within the Subject Parcel
• Exhibit 8(pF-40) - Description(s) of Soil Type(s) Within the Subject
Parcel
6.2. Proposed Conditions & Updates
• Exhibit 9(pF-55) - Map of Applicant’s Proposed Future Land Use
Comprehensive Plan Map II-3
• Exhibit 10(pF-56) - Description(s) of Applicant’s Proposed Future Land
Use Designation(s)
• Exhibit 11(pF-58) - Map of Applicant’s Proposed Zoning Boundaries
• Exhibit 12(pF-59) - Description(s) of Applicant’s Proposed Zoning
Designations
• Exhibit 13(pF-72) - Map of Staff’s Recommended Zoning
• Exhibit 14(pF-73) - Description(s) of Staff’s Proposed Zoning
Designation(s)
• Exhibit 15(pF-80) - Comprehensive Plan Map II-1 – Neighborhoods
• Exhibit 16(pF-81) - Comprehensive Plan Map II-2 – Flood Prone Areas
• Exhibit 17(pF-82) - Comprehensive Plan Map III-1 – 1989 Existing
Traffic Conditions
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3. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
• Exhibit 18(pF-83) - Comprehensive Plan Map III-2 – 1995 Existing Plus
Committed Traffic Conditions
• Exhibit 19(pF-84) - Comprehensive Plan Map III-3 – 2010 Existing Plus
Committed Traffic Conditions
• Exhibit 20(pF-85) - Comprehensive Plan Map VII-1 – Water and Sewer
Service Area
• Exhibit 21(pF-86) - Comprehensive Plan Map VII-2 – Soil Limitations for
Septic Tank
• Exhibit 22(pF-87) - Comprehensive Plan Map VII-4 – Coastal High
Hazard Area
• Exhibit 23(pF-88) - Comprehensive Plan Map IX-1 – Natural Resources
Inventory
• Exhibit 24(pF-89) - Comprehensive Plan Map X-1 – Neighborhood and
Community Parks
• Exhibit 25(pF-90) - Comprehensive Plan Map X-2 – Regional Parks and
Special Use Facilities
• Exhibit 26(pF-91) - Map of Staff’s Recommended Future Land Use
Comprehensive Plan Map II-3
• Exhibit 27(pF-92) - Description(s) of Staff’s Proposed Future Land
Use Designation(s)
II. Findings
1. The subject property is vacant mostly wooded lands. Photos of the site are
attached (please see Exhibit 1). The existing surrounding land uses are as
follows:
• North – Vacant
• South – Vacant and one gas station
• East – Mostly Vacant, Cemetery, then Sugar Mill Community
• West – Right-of-Way then vacant
A map of surrounding existing land uses is attached (please see Exhibit 2).
2. The existing zoning designations (Exhibits 3 and 4) of the subject property are:
County A-2, Rural Agriculture
County A-3, Transitional Agriculture
County A-3 (2), Transitional Agriculture
County A-3C (2), Transitional Agriculture
The County has several sub-categories for their zoning districts. The “C”
indicates that the property is within the Corridor Overlay zone along State Road
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4. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
44 just as within the City. The “(2)” indicates the property is within the Activity
Center.
3. The existing future land use designations for the subject property is:
County Rural
County Urban Low Intensity
County Urban Medium Intensity
County Urban High Intensity
County Tourist Commercial
County Office21 Commercial/Office
County Commercial
Please refer to Exhibit 5 for a map depicting the existing future land use
designations and Exhibit 6 for a description of each designation.
4. The future land use classifications for the surrounding properties are:
• North – County Rural and the City of Port Orange’s Residential
• South – City Activity Center
• East – County Rural, Urban Low Intensity, Commercial, and City Low
Density Residential
• West – City Agriculture
A map of surrounding Current Future Land uses is attached (Exhibit 5).
5. The proposal is to annex the subject parcel and construct residential
development on the majority of the property to the north and commercial
development along State Road 44.
6. There is a wide range of soil types on the subject property. A map of the soils
within the site is attached (Exhibit 7). According the Volusia County Soil Survey
prepared by the Soil Conservation Service, the soil types in the portions of the
property to be annexed range in development potential from very low to high. A
description of the various soil types is attached in Exhibit 8. One must note
that, in the context of soil type descriptions, the developmental potential is not a
legal restraint on the amount of development.
7. The applicant proposes future land use map designations of low-density
residential, conservation and Activity Center. See Exhibit 9 for a map depicting
the applicant’s request and Exhibit 10 for a description of each designation.
However, during a series of workshops in the spring of 2005 the City
Commission made a policy decision that any property located east of I-95 and
west of the current City boundary would be designated the future land use
category in the City that most closely resembles the future land use designation
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5. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
in the County. Therefore, the future land use designation request does not
appear to be consistent with the City Commission policy.
8. The position of the applicant is that the number of units allowed on the entire
parcel will not increase between the City future land use designations and the
County future land use designations. The only difference is the distribution of
density/intensity will be different once annexed into the City. The proposal is to
increase the density of the portion currently designated County Rural where the
more developable land exists and to decrease densities in some of the areas
designated for higher densities and exclude development from the more
environmentally sensitive land is. The applicant’s justification for this is the
conservation of wetlands.
9. It may appear to be proper planning to direct development to land that is more
appropriate for development and discourage development from environmental
land. However, there is one major flaw in the assumption that the number of
units will be the same if developed using the current County future land use
designations and the applicants proposed City future land use designations. The
applicant’s proposal is to use the density of property that is now designated as
urban low intensity (.2 to 4 units per acre), urban medium intensity (4.1 to 8 units
per acre) and urban high intensity (8.1 to 20 units per acre) and distribute it
among a larger area that is now designated as County rural (1 unit per five). As
staff has indicated in the past, there is no practical way to develop at the urban
densities indicated above unless the developments are multi-family and multi-
story developments. Therefore it is only correct to say the number of units would
be the same in mathematical theory and not in practice.
10. It needs to be pointed out that the Rural designation in the Volusia
County comprehensive plan allows one unit per five acres unless the property is
within 660-feet of property designated urban and:
Compatibility of the proposed development will be viewed within the context
of existing uses, public facility capacity in the area, suitability for wells and
septic tank usage, and the natural features of the parcel in question, such as
soils, vegetation, and floodplain.
Therefore, there may be areas within the rural designation that could be
developed with a density greater than one unit per five acres. This has yet to be
determined.
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6. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
11.Perhaps the City Commission policy needs refinement before proceeding with
this development proposal. If the City Commission accepts the redistribution of
the densities on the parcel as a whole, it makes good planning sense to allow
the applicant the future land use designations as they propose. The result will be
an overall lower density suburban style development but built out to the
maximum allowed density. If the City Commission policy was intended to be
strictly adhered to so the density is not redistributed, then the future land use
designations as requested by the applicant should not be approved and instead
future land use designations that closely resemble the County’s designations
should be used. The result would be higher densities in smaller areas near the
activity center and low- and very-low densities on most of the subject parcel.
Most likely the later scenario will result in fewer units as the likelihood of
development to the maximum allowed density is not great.
12.Another aspect of the proposal is to expand the Activity Center to the east of
Sugar Mill Drive, again to conserve wetlands according to the applicant.
However, the policy direction from the City Commission is to bring the property
in at the same future land use levels that would be allowed in the County. After
a review of the comprehensive plan (please refer to Finding 21, below), staff
found extensive support for not changing this area to activity center.
13.The applicant proposes to rezone the property to RPUD, BPUD and
Conservation. See Exhibit 11 for the proposed map and Exhibit 12 for the
descriptions. Since there is no submitted PUD agreement(s) and no clear picture
of the direction of the proposed comprehensive plan future land use
designations, staff recommends applying an agriculture zoning designation that
closely resembles the County zoning designations. Please refer to Exhibit 13 for
the staff version of the zoning map and Exhibit 14 for the descriptions.
14.The proposed comprehensive plan amendment is more than 10 acres.
Therefore, this is a full-scale amendment and is subject to the twice per year
submittal limitation for full-scale Comprehensive Plan amendments. If approved
by the City Commission, staff will send it to the State for approval as a full-scale
amendment.
15.There are numerous comprehensive plan maps that must be amended to
incorporate the subject parcel into the comprehensive plan. Please see
Exhibits 15 through 25.
16.This annexation is within the proposed Volusia County Urban Growth Boundary.
If the County and the City adopted the Urban Growth Boundary as currently
proposed; this site would be designated as an urban development site. Further,
this area is within the City’s utility service area.
17.The applicant’s proposal is to change the Future Land Use of the subject
property to a combination of densities/intensities. While the applicant proposes
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7. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
to shift the allowable density around the site, the direction from the City
Commission was to bring property in this area into the City with essentially the
same density/intensity standards the property would have in the County. In
keeping with the City Commission policy, development Services staff is
recommending the following comprehensive plan future land use designations:
City Rural
City Activity Center
City Low-Density Residential
Please refer to Exhibit 26 for a map showing the recommended future land use
designation boundaries and Exhibit 27 for a description of these designations.
18.Implementation of staff’s recommendation would require the creation of a ‘Rural’
Future Land Use category since the City does not have such a future land use
designation at this density now. During a subsequent full-scale comprehensive
plan cycle the City needs to develop a future land use designation that is similar
to the County’s rural designation if the City is to implement the City Commission
policy of applying similar designations once annexed.
19.It is staff’s understanding that the County’s plan for the Activity Center was for
this area to develop in the City. Therefore, while the current Future Land Use
designations may appear to be changing significantly, the original intent was to
have it develop as the City’s Activity Center.
20.The City requires any proposed development to conform to the City’s
concurrency management system. That system includes parks and recreation,
drainage, traffic, solid waste, and utilities. However, staff elected to not conduct
an impact analysis at this time because: 1. The property is already in the City’s
Urban Services area; 2. The Staff’s recommended Future Land Use
designations will not significantly increase the density/intensity of the subject
property; and 3. The applicant will have to demonstrate conformance with
concurrency standards prior to any specific development is vested. Should the
City Commission decide to accept the applicant’s proposal, a considerable
review of the available roadway capacity and services needs to be completed.
This analysis needs to consider the large development proposals associated
with the City’s first full scale comprehensive plan amendment for the year 2005.
It has been demonstrated with the City’s first 2005 full-scale comprehensive plan
amendment cycle that the City is nearing capacity on some of the area
infrastructure. The City’s ability to provide potable water is nearing capacity
because of the St. Johns River Water Management consumptive use permit
limitations. Also, the amendment has demonstrated that portions of the area
roadways will be at capacity by the year 2015 without significant improvements.
21.The Comprehensive Plan provides some guidance on the subject property. The
following is a list of objectives in the City’s Comprehensive Plan that supports
the staff proposal. Following each objective is a comment in bold italics.
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8. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
Future land use objective 1: To ensure that future development will be
consistent with adjacent uses, natural limitations such as topography and soil
conditions, the needs of the citizens of New Smyrna Beach, the Future Land Use
Map, the availability of facilities and services, and the goals, objectives and
policies contained within this Comprehensive Plan.
If this property develops, the applicant should be required to develop
using staff’s recommended Future Land Use designations. The
recommended designations are consistent with adjacent uses, natural
limitations and the stated needs and desires of the citizens. The
recommended designations do not significantly affect the developability
of the property, and so it makes sense from the perspective of providing
facilities and services. Therefore, it is consistent with the Comprehensive
Plan.
Future land use objective 2: To provide adequate services and facilities for
future development, at the adopted level-of service standard. In order to
maintain the adopted level-of-service standard, development orders and permits
will be conditioned on the availability of the public facilities and services
necessary to serve the proposed development.
Prior to vesting the development, the owner(s) will have to demonstrate all
level of service standards will be met.
Future land use objective 6: To maintain a citywide natural-resources
protection program through the planning period.
Prior to development the applicant will have to identify any existing
wetlands or trees. The applicant will have to protect the maximum amount
of those wetlands, if any, and their associated buffers, when going
through the development process.
Future land use objective 7: To implement land use patterns, utility service
extensions, impact fees and annexation methodology, which provide for orderly
development and discourage urban sprawl.
Enclaves contribute to urban sprawl. The applicant is annexing in order to
help alleviate what is functionally an existing enclave, thereby providing
for orderly development and eliminating a factor of sprawl.
Future land use objective 7f: Establish the Southeast Volusia Activity Center at
the I-95 and SR-44 interchange that will serve a concentration of high intensity
mixed use development stressing value-added employment with housing and
other types of development as supporting activities.
The staff version of the Future Land Use map supports this concept.
Wetlands conservation is important, but this intent in this area is to
provide concentrated, high intensity development. The applicant has
provided no wetlands survey, and while wetland preservation is important,
they are often impacted and mitigated (such is the case across the street)
to provide a higher quality development. Further, it is not clear whether
these are high-quality wetlands.
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9. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
Future land use objective 8: To use innovative land development techniques
for future projects, which will implement policies identified in this plan, and which
will provide for the funding of public impacts by development.
a. Utilize cluster development zoning to allow for mixed uses and unconventional
development designs in those cases where the developer can demonstrate
improved living environments, protection of natural resources, or increased
efficiency of service delivery.
By placing a PUD zoning designation on the property, it gives the stake
holders involved the flexibility to follow the intent of this objective. Once a
PUD agreement is drafted the property should be zoned from the
temporary zoning designation to PUD.
Future land use objective 10: To protect existing desirable neighborhoods from
encroaching new development which is incompatible and inconsistent with
established character of the neighborhood.
Staff’s recommended designations were heavily influenced by this
concept. By using designations that mimic the existing designations, the
proposed future land use designation, and likely development pattern,
would be compatible and consistent with the existing neighborhood.
Allowing the current use until redevelopment proceeds is also reasonable.
Future land use objective 11: To guide the future development and
redevelopment of US 1 and SR 44 as scenic parkways that efficiently move
traffic and present an attractive, aesthetically pleasing appearance.
Staff’s recommendations for this property will provide development that is
consistent with the intent of this part of the City.
22.The proposed annexation would turn a large portion amount of property to the
east into an ‘enclave,’ an area entirely surrounded by City property. Enclaves
could present a number of challenges, especially with regards to providing
emergency services because they result in the reduction in response times. In
many respects that area is already an enclave because the city limits of Port
Orange and New Smyrna Beach connect to the west. Currently approximately
50% of all fire protection responses are already answered by the City’s fire
department.
III. Recommendation
Staff recommends the Planning and Zoning Board’s recommend to the City
Commission that they:
1. Approve the annexation;
2. Adopt a comprehensive plan text amendment that adds a rural future land use
designation.
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10. PLANNING AND ZONING BOARD
AUGUST 1, 2005 – GARDENS 207 LLC – PIONEER TRAIL
SUMMARY - A-7-05
3. Approve the zoning designations depicted in Exhibit 13.
4. Approve the future land use designations depicted in Exhibit 26.
IV. Action Required by Governmental Agencies
1. New Smyrna Beach City Commission must review and approve the proposed
action.
2. The Florida Department of Community Affairs must review and approve the
proposed action.
3. The Volusia Growth Management Commission must review and approve the
proposed action.
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