COMMUNITY DEVELOPMENT DEPARTMENT

Staff Report:

Date: December 7, 2007

TO: City Council

FROM: Community Development Department

SUBJECT: Citation Estates – Ordinance No. 2005-12/RZ-PUD-05-05(A)

OWNER: Citation Estates, LLC

Fourth Dimension Development, LLC

Miral Corp.

APPLICANT: 1). Javier Omana, Vice President/Associate, CPH Engineers – Agent -

Citation Estates, LLC;

2). Charles Faulkner, Agent – Fourth Dimension Corp.

3). Michael D. Chiumento, III, Esq. , Chiumento & Guntharp. P.A. , Agent- Miral Corp.

1.  FILE NO.:

RZ-05-05 (A) - Planned Development Agreement Modification

2.  Site Location:

The 125 acre site is located at the northeast corner of Belle Terre and Citation Boulevards.

3. Requested Action:

The applicant is requesting to amend the PUD Development Agreement and adopt an ordinance that would change the type and increase the number of units (+37), relocate buildings and facilities, increase the height from what was allowed in the PUD Agreement to what is currently allowed by the Land Development Code, and clarify language and intent.

The modifications requested by the applicant are a result of changes in the types of buildings contemplated for the site and refinements to the overall concept that result in a more logical building placement within the multifamily sections.

4.  Existing Future Land Use and Zoning Map Designations:

·  FLUM – Mixed Use with Neighborhood Village Overlay

·  Zoning – PUD

5. Surrounding Land Uses:

NORTH: FLUM: Residential. Greenbelt

Zoning: EST -1, SFR3 & 3B, TCU

Supporting: Residential

SOUTH: FLUM: Mixed Use; Flagler County: Agriculture/Timberland &

Residential Low Density Rural Estate

Zoning: COM-2; Flagler County: Agriculture Conservation; PUD

Supporting: Vacant

EAST: FLUM: Residential

Zoning: EST 1, SFR 1 & 2, TCU

Supporting: Residential

WEST: FLUM: Residential

Zoning: SFR 3 and DPX

Supporting: Residential

6.  Property Description and General Site Characteristics:

The 125 acre site fronts on Citation and Belle Terre Boulevards. There is a wetland system located in the east/central portion of the property that runs north/south. The applicant is incorporating the wetland system into the overall development concept as a buffer that separates one of the multifamily parcels from a single family parcel. The balance of the site is predominately pine flatwoods.

7.  Development History/Previous Approval Comparison:

In 2005, the site was rezoned from Agricultural (AG), Neighborhood Commercial – 1 (NC-1) and Residential -3 with Wetland Overlay (R-3W) to Planned Unit Development via Ordinance No. 2005-12. The Future Land Use Map designation was Mixed Use with Neighborhood Village Overlay and remains consistent as stated. The following chart compares the differences between the current PUD and the proposed modifications:

TRACT: / CURRENT USE / APPROVED INTENSITIES / PROPOSED USE / PROPOSED INTENSITIES / CHANGE
1 / Commercial / 135,000 Sq. ft. / Commercial / 135,000 Sq. ft. / No change
2 / Single family / 56 lots / Single family / 56 lots / No change
3 / Single family / 28 lots / Single family / 30 lots / +2 lots
4 / Condominium / 228 units / Condominium &Conservation / 325 Units (1) / +13 units
5 / Condominium / 84 units / Tract # deleted - incorporated into Tract 4 / N/A / Tract incorporated into Tract 4
6 / City Park / N/A / City Park / N/A / No change
7 / Wetland / N/A / Wetland / N/A / No change
8 / Wetland / N/A / Wetland / N/A / No change
9 / Wetland / N/A / Wetland / N/A / No change
10 / City well / N/A / Conservation / N/A / Conservation
11 / Townhouses / 50 units / Multifamily / 72 units / +22 units
12 / Roadway, amenity center / N/A / Roadway / N/A / Recreation included in tracts
TOTALS: / 446 Units / 483 Units / +37 Units (2) (3)

(1)  Requesting height increase from 35 feet to 60 feet.

(2)  Open space (includes conservation areas, buffers, stormwater ponds, common areas, landscape islands and general open space) increased from 65.68 acres to 75.58 acres.

(3)  Gross residential density, excluding Commercial Tract 1, equals 4.39 dwelling units per acre.

APPROVALS TO DATE

APPLICATION: / DATE: / ACTION: (Approved/Denied) / BY:
SD-PLP-06-12 / July 31, 2007 / Approved / DRC
SD-PLP-06-12 / October 17, 2007 / Approved / PLDRB

8. Analysis of Proposed Amended PUD based on Land Development Regulations:

Staff Finding: Ordinance No. 2000-39, adopted August 1, 2000, established a list of eight (8) items that the PLDRB shall consider in reviewing an application for rezoning. Although the area is zoned PUD as a result of the initial rezoning request of 2005, each of the criteria is enumerated and reiterated because the requested PUD amendment is technically a rezoning.

1. Whether it is consistent with all adopted elements of the Comprehensive Plan;

The Mixed Use combined with the Village Overlay are “intended to provide opportunities for residents to work, shop, engage in recreational activities, attend school and religious services in reasonably close proximity to residential dwellings”. Those areas with a ¼ mile radius designation “represent general areas where the zoning and development of Village Centers appears to be feasible based upon the potential to maximize pedestrian accessibility”.

The conceptual master plan submitted in support of the PUD amendment application provides the following opportunities:

a. Mixture of housing types and density ranges;

b. Buffering of adjacent existing single family residences from proposed land uses, including multifamily housing;

c. Relocation of proposed City park from southeast corner of property to northwest corner of property, providing internal accessibility for residents and contiguity of wetland area from which park was relocated;

d. Better placement and orientation of multifamily structures;

e. Better integration of commercial area in proximity to multifamily;

f. Creation of spine road system with limited vehicular access resulting in a street hierarchy.

2. Its impact upon the environment or natural resources.

Staff Finding: No additional impacts are anticipated as a result of the request to modify the previously approved master plan. Relocation of the proposed City park from Citation Boulevard to Belle Terre Boulevard maintains a contiguous wetland system and associated buffers which is more desirable than fragmenting the wetland system. The proposed conceptual master plan also has less building footprints within Tract 4 – Multifamily section than the previous plan. Nine buildings are proposed as opposed to 26.

3.  Its impact on the economy of any affected area.

Staff Finding: The proposed amendments to the PUD Development Agreement should result in a generally positive economic impact on the Palm Coast community as a whole through construction employment and potential commercial employment opportunities. In general, provision of a mix of housing types and having goods and services available in the immediate area to meet residential needs are considered to be positive impacts. It should be noted that an economic impact study has not been conducted.

4.  Notwithstanding any provisions of the land development regulations, its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems.

Staff Finding: The amended PUD agreement addresses most of the aforementioned categories including utilities, parks and transportation impacts. Off site road improvements required by the project in order to achieve transportation concurrency are specified in the proposed amended PUD Development Agreement. The PUD Development Agreement states that this development is still subject to the City’s concurrency requirements at DRC site plan review or subject to the same requirements should an alternative review process be enacted.

5.  Any changes in circumstances or conditions affecting the area.

Staff Finding: The modifications to the PUD master plan and Development Agreement are somewhat market driven but result in an overall improvement to the development concept.

6.  Any mistakes in the original classification.

Staff Finding: The rezoning to PUD was approved in 2005. As noted previously, the refinements being sought by the developer require an amendment to the previously approved PUD Development Agreement that requires processing as a rezoning application.

7.  Its effect upon the use or value of the affected area.

Staff Finding: It is anticipated that the development, as proposed, will not have positive or negative impacts on the adjacent properties or those in proximity of the project site. It should be noted that the proposed

The PUD Development Agreement addresses initial concurrency related issues.

8.  Its impact upon the public health, welfare, safety or morals.

Staff Finding: Modifications to the previously approved PUD and Development Agreement are not anticipated to affect the public health, welfare, safety or morals.

RECOMMENDATION:

Recommend approve Application RZ-PUD 05-05(A) and the attached PUD Development Agreement as amended.

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