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06-20-17REG07.Pdf AGENDA ITEM ST. JOHNS COUNTY BOARD OF COUNTY COMMISSIONERS 7 Deadline for Submission - Wednesday 9 a.m. – Thirteen Days Prior to BCC Meeting 6/20/2017 BCC MEETING DATE TO: Michael D. Wanchick, County Administrator DATE: May 30, 2017 FROM: Patrick Doty, Planner PHONE: 904 209-0667 SUBJECT OR TITLE: PUD 2016-23 Cypress Estates PUD AGENDA TYPE: Ex Parte Communications, Ordinance, Public Hearing BACKGROUND INFORMATION: Request to rezone approximately 19 acres from Open Rural (OR) to Planned Unit Development (PUD) to allow for the development of twenty-eight (28) single- family dwelling units, specifically located at 6521 US Highway 1 South. The Planning and Zoning Agency recommended approval with a 7-0 vote on May 18, 2017 based on nine (9) findings of fact and subject to the inclusion of a right turn lane and the widening of lots along the northern portion of the development. Please see the Growth Management Report for project details. 1. IS FUNDING REQUIRED? No 2. IF YES, INDICATE IF BUDGETED. No IF FUNDING IS REQUIRED, MANDATORY OMB REVIEW IS REQUIRED: INDICATE FUNDING SOURCE: SUGGESTED MOTION/RECOMMENDATION/ACTION: APPROVE: Motion to enact Ordinance 2017-__ approving PUD 2016-23 Cypress Estates, a request to rezone approximately 19 acres from Open Rural (OR) to Planned Unit Development (PUD), specifically located at 6521 US Highway 1 South, based upon nine (9) findings of fact. DENY: Motion to deny PUD 2016-23 Cypress Estates, a request to rezone approximately 19 acres from Open Rural (OR) to Planned Unit Development (PUD), specifically located at 6521 US Highway 1 South, based upon nine (9) findings of fact. For Administration Use Only: Legal: PS 6/5/2017 OMB: DC 6/6/2017 Admin: ALV 6/7/2017 Growth Management Department PLANNING DIVISION REPORT Application for Planned Unit Development Rezoning File Number: PUD 2016-23 Cypress Estates To: Board of County Commissioners Through: Planning and Zoning Agency From: Patrick Doty, Planner Date: June 5, 2017 Subject: PUD 2016-23 Cypress Estates, a request to rezone approximately 19 acres from Open Rural (OR) to Planned Unit Development (PUD) to allow for the development of twenty-eight (28) single-family dwelling units, specifically located at 6521 US Highway 1 South. Owner/Applicant: Cypress US 1, LLC Representative: Douglas N. Burnett, Esq. Hearing dates: Planning and Zoning Agency – May 18, 2017 Board of County Commissioners – June 20, 2017 Commissioner District: District 3 APPROVE: Motion to enact Ordinance 2017-__ approving PUD 2016-23 Cypress Estates, a request to rezone approximately 19 acres from Open Rural (OR) to Planned Unit Development (PUD), specifically located at 6521 US Highway 1 South, based upon nine (9) findings of fact. DENY: Motion to deny PUD 2016-23 Cypress Estates, a request to rezone approximately 19 acres from Open Rural (OR) to Planned Unit Development (PUD), specifically located at 6521 US Highway 1 South, based upon nine (9) findings of fact. Page 2 PUD 2016-23 Cypress Estates MAP SERIES Location: The subject property consists of approximately 19 acres of land located west of US Highway 1 South and north of State Road 206. Page 3 PUD 2016-23 Cypress Estates Future Land Use: The subject property, along with the property to the north, south, and east are located within the Residential-B (Res-B) Future Land Use Map Designation. Lands to the west reside within the Rural/Silviculture (R/S) Future Land Use Map designation. Page 4 PUD 2016-23 Cypress Estates Zoning District: The applicant is seeking to rezone the property from Open Rural (OR) to Planned Unit Development (PUD). Lands to the north are zoned Moses Creek Estates Planned Unit Development (PUD) and properties to the south are zoned Woodlake Planned Unit Development (PUD). Open Rural (OR) zoning is located to the south, east and west. Page 5 PUD 2016-23 Cypress Estates Aerial Imagery: The subject property contains approximately 19 acres of vacant land and has approximately 400 feet of frontage along US Highway 1 South. The property contains approximately 5.31acres of wetlands, of which 0.20 acres are proposed to be impacted. The site consists of four (4) separate parcels. Proposed Master Development Plan Map: The Master Development Plan Map depicted below reflects the revisions requested by the Planning and Zoning Agency at the hearing held on May 18, 2017. Specifically, the site plan reflects the reduction in lots from 30 to 28 due to the determination regarding the inability to utilize the density bonus for upland preservation adjacent to contiguous wetlands. Additionally, the site plan reflects the addition of a right turn lane. The site plan below does not, however, reflect the Agency’s recommendation to widen lots along the northern property boundary to address lot size compatibility concerns. Proposed Site Development Data Page 7 PUD 2016-23 Cypress Estates APPLICATION SUMMARY The applicant is seeking to rezone 19 acres from Open Rural (OR) to Planned Unit Development (PUD) to allow for the development of twenty-eight (28) single-family residential lots. Development Standards Total ground area to be occupied by buildings/structures: 25% Maximum lot coverage per lot: 65% Maximum impervious surface ratio: 35% Maximum height: 35 feet Density: 2.01 units per net acre Minimum lot width: 53 feet Minimum lot area: 5,830 square feet Phasing: The project will be developed in one (1) five year phase. Construction will be commenced within five (5) years of the effective date of this rezoning. Commencement of construction shall be deemed to be approval of final construction plans of horizontal improvements. Completion is defined as the final as-built approval, which shall be within five (5) years of Commencement. Central water and sewer will be provided by St. Johns County Utility Department Fire Services: The project is located within a five road miles of a fire station Waivers The Applicant is requesting no waivers. DEPARTMENTAL REVIEW This application was routed to all appropriate reviewing departments. Technical Division Review: All future site engineering, drainage and required infrastructure improvements will be reviewed pursuant to the established Development Review Process to ensure that the development has met all applicable local regulations and permitting requirements. No permits will be issued prior to compliance with all applicable regulations. Office of the County Attorney Review: Planned Unit Developments are considered rezonings, and therefore the Applicant bears the initial burden for approval of demonstrating that the proposed rezoning is a) consistent with the Goals, Objectives, and Policies of the Comprehensive Plan and b) complies with the procedural requirements of the Land Development Code. The Agency/Board may approve or deny the proposed request to rezone if there is evidence that maintaining the existing zoning serves a legitimate public purpose. A legitimate public purpose for keeping the existing zoning may include that the rezoning: produces an urban sprawl pattern of development; is spot zoning; produces an incompatibility or deviation from an established or developing logical and orderly development; produces significant adverse impact upon property values of the adjacent or nearby properties; or detracts from the character and quality of life in the neighborhood by creating excessive noise, lights, vibration, fumes, odors, dust, physical activities and other detrimental effects or nuisances. Planning and Zoning Division Review: The subject property is currently zoned Open Rural, which allows one single-family residential dwelling unit per acre, and various non- residential use categories such as Agricultural and Cultural/Institutional. The current land use designation of Residential-B allows a maximum theoretical yield of two (2) units per net Page 8 PUD 2016-23 Cypress Estates acre of uplands, which equates to 27 units of density. The Applicant is also utilizing a wetland density bonus to gain one (1) additional unit by preserving 5.11 acres of wetlands. Per LDC, Section 5.08.03, in order to exercise a wetland density bonus, the applicant is required to preserve wetland acreage by deed restriction, conservation easement, or other written evidence approved by the County. The applicant initially requested a density bonus for preserving two upland acres adjacent to contiguous wetlands for an additional two (2) dwelling units. However, the wetlands did not meet the County’s definition of “contiguous”; therefore, the density bonus was not permissible as the Land Development Code and Comprehensive Plan only provide for a density bonus to preserve uplands adjacent to contiguous wetlands. The applicant contended that the wetlands met the St. Johns Water Management District’s definition of contiguous; however, the density bonus is only applicable if the wetlands meet the County’s definition of contiguous. Upon further review, the applicant determined that the wetlands failed to meet the Water Management District’s definition of contiguous. As a result, the applicant modified the Master Development Text and Map to eliminate the request for the aforementioned density bonus request. Figure 1 below provides a comparison of the existing Open Rural zoning and proposed Planned Unit Development zoning. Figure 1: Zoning Designation Comparison Permitted Use Categories OR PUD Residential (one dwelling unit per net acre) X Residential (two dwelling units per net acre) X Agricultural (subject to compatibility) X Cultural/Institutional X Mining & Extraction X Outdoor Passive X Neighborhood Public Service X Solid Waste & Correctional Facilities X Figure 2 below provides a compatibility analysis of adjacent lands. The subject property is surrounded by a variety of residential Planned Unit Developments with densities similar to the proposed PUD. Specifically, Ordinance 1996-19 known as Moses Creek Estates PUD includes 109 dwelling units on 66 acres with an overall density of 1.65 dwelling units per acre. Woodlake PUD was approved by Ordinance 2005-03 allowing 94 dwelling units on 57.3 acres with a net density of 1.93 dwelling units per acre (Figure 2).
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