Planning and Zoning Department Staff Report

FINAL ORDER

DESOTO COUNTY

PLANNING AND ZONING DEPARTMENT STAFF REPORT

REQUEST:RZ/PUD 2014-02

PROPERTY OWNER:Sonoma Preserve, LLC

APPLICANT:Same

AGENT:Wade Light

PROPERTY:29-39-23-0000-0020-0000

32-39-23-0000-0400-0000

32-39-23-0000-0410-0000

32-39-23-0000-0402-0000

33-39-23-0000-0020-0000

TOTAL PARCEL SIZE:515.18± ac (per Prop. App. records)

EXISTINGZONING DISTRICT:Agriculture-10 (A-10)

PROPOSED ZONING DISTRICT:Planned Unit Development (PUD)

FUTURE LAND USE DESIGNATION:Low Density Residential

SUBMITTAL REVIEWED:Application received 05-28-14

PROPOSED REQUEST:

The applicant, Sonoma Preserve LLC, requests a rezoning of approximately 515± acres from Agriculture-10 (A-10)to Planned Unit Development (PUD) (Map 1) for the future, phased constructionof 999 mixed-residential units with infrastructure, recreational areas and 242 acres of preserve/open space (Figure 1). The propertyis currently undeveloped pasture land, identified as tax id nos. 29-39-23-0000-0020-0000, 32-39-23-0000-0400-0000, 32-39-23-0000-0410-0000, 32-39-23-0000-0402-0000 and 33-39-23-0000-0020-0000. The propertyis located east of CR 769 (Kings Hwy) and east of and adjacent to Lake Suzy community and north of and adjacent to the DeSoto County and Charlotte County boundary line. Accesses to the site would be from CR 769 via a proposed road located about 1,400 feet north of SW US Bend Drive in Sections 29, 32 and 33, Township 39, Range 23(Map 2).

REQUIRED NOTIFICATIONS:

Notification postcards were sent to property owners within 400 feet of the subject property and the property was posted with a sign indicating time, date, and location of the public hearing. The item was advertised in the newspaper as required.

CORRESPONDENCE:

There has been NOcorrespondence received either in support of or in opposition to the requested Rezoning request.

PLANNING COMMISSION RECOMMENDATION:

This request is scheduled to be heard by the Planning Commission onTuesday, August 5, 2013 at 5:30pm for a recommendation to the Board of County Commissioners.

MAP 1: Current Zoning

MAP 2: LOCATION

Sonoma Preserve RZ/PUD 2014-02 A-10 to PUDPg. 1 of 19

FIGURE 1: CONCEPT PLAN

DISCUSSION OF REQUEST:

In 2004, parker DeSoto was granted a rezoning on 525± acres from Agriculoture-10 (A-10) and some Commercial General (CG) to Residential Multi-Family-6 (RMF-6) with a Planned Unit Development Overlay (PUD) with the plan to construct a total of 999 mixed

Sonoma Preserve RZ/PUD 2014-02 A-10 to PUDPg. 1 of 19

residential units,recreational facilities and open space preserve. Construction never commenced on the property and the property owners subsequently applied for and were granted January 2011, a rezoning of the property (except for about 10± acres of CG adjacent to CR 769) from RMF-6 with a PUD Overlay to A-10. As apart of the rezoning process the PUD Overlay approval was voided.

The current proposal is to rezone the property from A-10 to PUD with a use and density designation of Residential Multi-Family-6. As described earlier the proposal calls for a future, phased construction of 999 mixed-residential units with infrastructure, recreational areas and 242 acres of preserve/open space (Figure 1).

PART I Comprehensive Plan and Future Land Use Review

FUTURE LAND USE ELEMENT

Goal 1: Future Growth. Future growth in DeSoto County will be managed using sustainability and smart growth principles to accommodate new growth without compromising the ability of future generations to meet their needs. The Future Land Use Element shall be used as a tool to direct the most intensive growth into the urban center and surrounding areas, optimizing services and infrastructure, protecting the rural character of the County, and protecting the environment.

Objective 1.1: Land Use Categories Established. The generalized land use categories depicted on the Future Land Use Map are intended to establish varying degrees of environmental protection and intensity of development, transitioning from the natural environment to the most intensive developed areas by gradually increasing density and urban character.

Policy 1.1.11: Rezoning. The zoning amendment criteria in the Land Development Regulations shall be used to determine if a rezoning request to a new district is appropriate for a given property, in accordance with the comprehensive plan. The following general criteria, at a minimum, will be considered as part of the rezoning review process:

(1) Location, availability and capacity of public services and facilities.

(2) Proximity to similar densities/intensities.

(3) Location within transportation network.

(4) Environmental protection.

Policy 1.1.12: Density Measurement. Residential density shall be defined as the amount of dwelling units allowed per gross acre. This calculation shall include the entire property including roads, stormwater facilities, recreation areas, agricultural areas, natural resource preserves, etc. It shall not include areas separated off for non-residential uses (outparcels) or those areas otherwise not included as part of an overall development plan. It shall also not include property within the conservation overlay area, for which density within the area shall be calculated separately.

Staff Finding

The proposed Planned Unit Development rezoning is consistent with Goal 1, Objective 1.1 and Policies 1.1.11 and 1.1.12 of the Future Land Use Element (FLUE) in that it is located in an area that has transitioned from a natural state into a low and medium density residential area with varying degrees of existing infrastructure and public services already in place. The overall proposed density is less than 2 units per acre and is with thedensity of surrounding development, albeit on smaller lots. The project would access an existing transportation network and would hook-up to County potable water and waste water lines.A protected species assessment of the property, completed for the original rezoning request,observed three (3)three listed species (i.e.. gopher tortoise, Florida Sandhill Crane and Florida Coontie). Although the site provides low quality habitat for the Florida Scrub-Jay several Florida Scrub-Jays were called to the property during the “listed species survey”. The appropriate permit(s) from the Florida Fish and Wildlife Commission shall be required prior to the development of the occupied portions of the property. As part of the above referenced report, an assessment of the on-site vegetative communities was also carried out. The assessment identified a potential jurisdictional wetland area on the location of the abandoned golf course. The appropriate permit(s) from SWFWMD/DEP shall be obtained and a copy of the permit and attached development conditions, if any, shall be provided to the Planning and Zoning Department prior to the commencement of development.

Policy 1.4.2: Low Density Use Category Uses.

The primary use of this category shall be residential, in a variety of low densities and styles. A sustainable mix of neighborhood scale commercial uses may be introduced only as a part of the PUD process for developments of 1000 dwelling units or greater. The commercial area shall be located at the intersections of collector and/or arterial roads and shall be separated approximately 2 miles from other existing and/or future commercial designated areas. Schools and other public facilities shall be permitted with appropriate buffering. The zoning district uses and development standards contained in the Land Development Regulations shall carry out the specific intent of this land use category.

Staff finding

The subject property is zoned A-10 which is consistent with the Low Density Residential land use category. The development of the proposed PUDwith a use and density equivalent to RMF-6., would develop 999 mixed, residential units on 515± acres. The uses and density proposed are consistent with the Low Density Residential land use category

Policy 1.4.3: Low Density Residential Use Category Sustainability. The minimum density permitted within this category will be two dwelling units per acre.

Staff Finding:

As proposed the project would allow 999 mixed, residential units. Since there would be a mixture of residential types, attached and detached single-family and multi-family lots, the actual number of platted lots/parcels may not equal 999; however,in no case would the total number of residential units exceed999 units. As such the density of the project is les than 2 units per acre and consistent with the LowDensity Residential land use category.

Policy 1.4.4: Low Density Residential Open Space.All development within the LowDensity Residential Category shall provide open space through clustering of units in order to reduce the footprint on a site. Development shall provide a minimum of 25 percent open space.

Staff Finding:

The project is providing approximately 45+% open space which is in excess of the 25 % requirement.

Policy 1.4.5: Open Space design.All open space areas shall be primarily located adjacent to other areas approved as development open space in order to create natural corridors.

Staff Finding:

The proposed open space is located throuighout the subject property, principally in the central and southeastern part (Figure 1) and is adjacent to the State owned property that is adjacent to the Peace River.

Policy 1.4.6: Utilities. All development within the Low Density Residential category shall connect to existing centralized public water and wastewater systems.

Staff Finding:

County potable water and wastewater systems are proximate to the site and available to the proposed project. The applicant would be required to hook-up to all County utilities.

Objective 1.14: Land Use Compatibility: The DeSoto County Land Development Regulations shall utilize land use techniques and development standards to achieve a functional and compatible land use framework, which serves to reduce incompatible land uses.

Policy 1.14.2: Use Compatibility. Compatibility between uses will be defined by level of density and intensity rather than by use, with the exception of large-scale public uses such as airports, regional hospitals, refineries and correctional institutions.

Staff Finding:

The area surrounding the project site is predominantly residential (RSF-3,). Existing development adjacent to the western property boundaryis single-family residences with mobile homes (RMF-M)adjacent to the northern property boundary.

TRAFFIC CIRCULATION ELEMENT

Objective 1.1: Level of Service. The County shall adopt and adhere to level of service standards for arterial and collector streets.

Policy 1.1.1:Service Standards. The County establishes the following peak hour /peak directional level of service standards for collector, arterial, local, and limited access facilities in the County.

Road Types / State Roads / County Facilities
Limited Access Facilities / “D” / “D”
Controlled Access Highway / “B/C” / “D”
Other Multilane / “D” / “D”
Two-Lane Roads / “D” / “D”

Staff Finding:

The project site is accessed via a proposed road through the commercial portion of the project site. This ingress/egress point would be directly to CR 769 (Kings Highway). A traffic study for the proposed project was prepared by TR Transportation Consultants, Inc. and concluded that traffic levels at peak hour/peak direction on CR 769 will stay within the adopted level of service; however, a preliminary turn lane analysis concluded that turn lanes both in (northbound) and out (southbound) of the projects intersection with CR 769 would be required.

Policy 1.2.8: Access Points. The County shall require that future subdivisions with 50 units or more, at a minimum, have at least two (2) points of access open to motor vehicle traffic. Secondary access points, at the discretion of the BOCC and as further defined in the LDR’s may be established as emergency only access points per County standards.

Staff Finding:

The project proposed one access point directly to CR 769. The project also proposes a gated and locked emergency access off of SW Kings Row (Figure 1). The applicant requests approval for the secondary access point to be established for emergency access only, which with the appropriate gating and locks will be approved.

CONSERVATION ELEMENT

Objective 1.5: Wetland Protection. Wetlands and the natural functions of wetlands shall be conserved, protected, and restored from activities which alter their physical and hydrological nature to ensure the filtration of water to enhance water quality, provide flood control, maintain wildlife habitat, and offer recreational opportunities, which enhance the quality of life in DeSoto County.

Policy 1.5.1:The County, as part of its development review process, shall require the coordination of development plans with the Florida Department of Environmental Protection, the Southwest Florida Water Management District or other appropriate regulatory agency, to assist in monitoring land uses which may impact potential wetlands as shown on the National Wetlands Inventory (shown as part of the Conservation Overlay Area on the FLUM).

Staff Finding:

An environmental assessment of the project site was completed by Boyle Environmental Consultants, Inc. in August 2003. Since the assessment was competed the site has only been used for grazing, therefore, the basic findings of the assessment would still apply.

The project site contains 209± acres of jurisdictional wetlands. Most of these wetlands are considered isolated wetlands as they are surrounded by uplands. Interior isolated wetlands are of good quality, with little evidence of exotics or alteration; however,those wetlands adjacent to DeSoto Canal and the Deep Creek Gully show signs of alteration and increase presence of shrub species and exotics.

The applicant shall be required by condition to obtain all required permits from Florida Department of Environmental Protection, the Southwest Florida Water Management District or other appropriate regulatory agency and provide copies of said permits and releases to the County Planning and zoning Department prior to the approval of any subsequent development permit.

Policy 1.5.2: The County shall require that all development proposals be accompanied by evidence that an inventory of wetlands; soils posing severe limitations to construction; unique habitat; endangered species of wildlife and plants; significant historic structures and/or sites; has been conducted.

Staff Finding:

The applicant had a dated but acceptable Environmental Assessment completed on the project site. Three listed species were observed on-site and Protected Species Assessment completed. No rare or unique habitats were identified within the property boundaries. The survey did locate two (2) potential gopher tortoise burrows. The applicant shall obtain the appropriate Florida Fish and Wildlife Conservation Commission (FWC) permit relative to listed species observed on the site prior to the County approving any subsequent development permit.

Policies 1.5.3 – 1.5.7, 1.5.13 and 1.5.14: These policies pertain to the identification of wetlands, the limitations to scope of wetland development, the specific criteria for wetland development, and mitigationfor impacted wetlands within DeSoto County.

Staff Finding:

The applicant has indicated that the on-site jurisdictional areas are to be classified as wetlands. During the Environmental Resource Permit (ERP) process the Southwest Florida Water Management District (SWFWMD) shall require the functions and criteria of the policies be addressed. The applicant shall provide the County a copy of the ERP, conditions placed upon the development and mitigation as it may impact development.

Policy 1.5.8: All subdivision of land shall contain adequate uplands for the permitted use.

Staff Finding:

The site contains adequate upland area for the proposed project.

Policy 1.5.14: Developers shall be require to identify wildlife habitat, and endangered and threatened species as part of the development review process, and shall be required to submit mitigation measures for review as part of the County’s development review process.

Staff Finding:

The applicant has prepared aEnvironmental Assessment. The assessment identified three (3) listed species present on the site as well as Florida Scrub-Jays that were call to the site. The applicant shall obtain the appropriate permit from FWC prior to development of the occupied portions of the property and a copy of said permit and any development conditions shall be provided to the County approval of any development permit.

PART II Land Development Regulations Review

Zoning Atlas Amendment (Rezoning)

Planned Unit Development Requirements, Criteria and Standards

LDR Section 12504(A)(1)

Whether the proposed change would be consistent with the Goals, Objectives and Policies of the Comprehensive Plan.

Staff Finding:

The proposed projectis consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see above discussion)

LDR Section 12504(A)(2)

The existing land use pattern

Staff Finding:

The propertyis bounded on the north, west and south (Charlotte County) by single-family residences. The property is bounded state owned land on the northeast and east. The existing land pattern away from the project’s immediate vicinity is a mixture of vacant and developed single-family platted lots, and developed and vacant commercial property along CR 769.

Current zoning in the area (an indicator of existing and future development patterns) is a mixture of low, medium residential (Agriculture-5, RSF-3, RMF-6), light industrial (IL) and commercial (CG). The pattern of development from the Peace River west towards US CR 769 is from a lower to higher density and intensity of use.

A rezoning of this land to Planned Unit Development and the development of the mixed residential community is consistent and compatible with the surrounding density and intensity of uses on properties in this area.