GROWTH AND RESOURCE MANAGEMENT DEPARTMENT

PLANNING AND DEVELOPMENT SERVICES DIVISION

CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 736-5959

PLDRC HEARING: June 9, 2015 - Planning and Land Development Regulation Commission (PLDRC)

CASE NO: Z-15-034

SUBJECT: Rezoning from General Commercial (B-4) zoning classification and Urban Single-Family Residential (R-3) zoning classification to all Urban Single-Family Residential (R-3) zoning classification.

LOCATION: 4105 North U.S. Highway 17, DeLand

APPLICANT/OWNERS: James and Maryl Galloway

STAFF: Susan Jackson, AICP, Planner III

I. SUMMARY OF REQUEST

The applicant’s property is 9.09 acres. It is split zoned with General Commercial (B-4) on the frontage along North U.S. Highway 17, and Urban Single-Family Residential (R-3) on the remainder of the parcel. The applicant is requesting to rezone the B-4 portion to R-3. The applicant’s purpose of the request is to build their home on the property without having to meet a 30-foot front setback distance from an internal zoning classification boundary. Due to the terrain of the lot, the location of the house needs to be closer to the front property line than the minimum yards of the split zoning boundaries would permit. Staff Recommendation: Forward to the county council with a recommendation of approval.

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II. SITE INFORMATION

1. Location: The property is located on the east side of North US

Highway 17, approximately 1 mile north of its intersection with CR 15A (Spring Garden Road), in the Rural Community of DeLeon Springs.

2. Parcel No: 6039-09-00-0130 3. Property Size: ± 2.5 acres of a 9.09 acre parent parcel 4. County Council District: 1 5. Zoning: General Commercial (B-4) 6. FLU Designation: Rural Community 7. ECO Map: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Maps

Zoning Map Aerial Map

Direction Zoning Future Land Use Existing Use

North R-3 Rural Community Vacant, wooded, residential.

East R-3 Rural Community Primarily vacant, wooded,

residential. One single-family dwelling.

South B-4 Rural Community Primarily vacant commercial.

Auto sales to southwest.

West B-4

(across US Hwy 17)

Rural Community Primarily vacant commercial. One single-family house.

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III. BACKGROUND The property is located within the DeLeon Springs Rural Community. When the commercial zoning was applied along US Highway 17, it was applied in a strip fashion along the roadway frontage, rendering many properties with split zoning. In March 2013, the county council directed staff to work with the owners of property containing split zoning located along North U.S. Highway 17 in Seville and south DeLeon Springs. In February 2014, staff mailed preference surveys to all split-zoned property owners along the corridor. Owners were given the option to choose to remove, expand, or keep the existing commercial zoning. The survey identified 53 parcels. Of the 53 parcels, 20 elected to be rezoned to all commercial, 2 elected to be rezoned to all residential, and 10 elected to maintain the split zoning. The properties that elected to change their zoning were administratively rezoned on August 7, 2014. At the time of the administrative rezoning, the owners of the subject parcel elected to maintain the split zoning of their property. Thus, the property contains an approximate 100-foot deep strip of B-4 along the North US Highway 17 frontage, and R-3 on the remainder of the parcel. Approximately 2.5 acres of this 9.09-acre parcel is zoned commercial and the subject of this application. In instances where zoning classification boundaries split existing lots, parcels or other tracts of land, the minimum yard requirements of the respective zoning classifications are measured from the classification boundary rather than the property line. The applicants now wish to build a house on the property. Due to issues related to the terrain of the property, the proposed house location is within the setback area to the R-3/B-4 zoning boundary. Therefore the applicants are requesting this zoning change in order that the entire parcel be zoned R-3 so that minimum yard requirements may be measured from the actual property lines.

IV. REVIEW CRITERIA AND ANALYSIS Section 72-414(e) of the zoning code includes the following criteria for review of rezoning applications: (1) Whether it is consistent with all adopted elements of the comprehensive plan. The property is designated Rural Community on the future land use map. As a pre-existing R-3 zoning classification on the property, it is compatible with this future land use designation. (2) Its impact upon the environment or natural resources. The applicants propose to remove the commercial development potential of the property and build one single-family dwelling. This rezoning will reduce the potential for negative impact on the environment or natural resources.

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(3) Its impact upon the economy of any affected area. This area is developed with a mix of residential and commercial uses along the highway. The zoning change will remove the potential for commercial development, but it will maintain the rural character of the community. It is not anticipated to negatively impact the economy of the area. (4) Notwithstanding the provisions of division 14 of the Land Development Code [article III], its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems. The proposed rezoning will reduce the potential impact on governmental services. One single-family dwelling is proposed rather than a potential strip commercial development. The Volusia County School Board has reviewed the proposal and has no objection. Water and sewer will be provided by private well and septic. (5) Any changes in circumstances or conditions affecting the area. Several other properties in the area were administratively rezoned to eliminate the split zoning that occurs along the North US Highway 17 frontage on August 7, 2014. Specifically, twenty properties elected to expand the commercial use of their properties, two elected to remove the commercial and become all residential and eight chose to maintain the existing split zoning. At the time, the applicants chose to preserve the commercial zoning on their property. The property was vacant and the owners wished to maintain its development options for the future. Now they desire to use the property as their homestead. In order to eliminate the required internal zoning boundary setbacks for their proposed house, the applicants are requesting the zoning change to cover the entire parcel with the R-3 classification. (6) Any mistakes in the original classification. There are no mistakes in the property’s current zoning classification. The property has maintained a commercial zoning classification along the highway frontage since the 1960s. (7) Its effect upon the use or value of the affected area. The change to the R-3 zoning classification will allow the applicants to build their house closer to the front property line than would otherwise be permitted without approval of a variance. The effect upon the use or value of the affected area is negligible. (8) Its impact upon the public health, welfare, safety, or morals. A change in zoning from B-4 to R-3 will not have any known negative impacts on the public health, welfare, safety, or morals of the neighborhood.

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V. STAFF RECOMMENDATION Staff finds the requested rezoning meets the specified criteria for considering a rezoning application. Therefore, staff recommends that the PLDRC forward this request for rezoning from the General Commercial (B-4) zoning classification to the Urban Single-Family Residential (R-3) zoning classification to the county council with a recommendation of approval.

VI. ATTACHMENTS

• Written Petition

• Survey

• Photographs

• Map Exhibits

VII. AUTHORITY AND PROCEDURE Pursuant to Section 72-414, the county council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a rezoning application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant. Any new information presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission. Any new information presented at the county council meeting not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

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Photo taken from north end of property, looking southward along North US Highway 17.

Photo taken from south end of property, looking northward along North US Highway 17.

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US HWY 17 N

MILL

S RD

VAN HOOK RDWI

LLOW

AV

MANOR WAY

FAIR

PORT

AV

GARDEN ST

CITRA ST

GOLD

EN H

ILLS B

LVD

DAVIS ST E

SOUTH FARM RD

PARK AV

AZALEA ST

CHELMSFORD DR

TWIN OAKS DR

GLENWOOD OAKS LN

WOODBRIDGE RD

CORA

L AV

MILL

S CT

WEST VIRGINIA AV

HILLCREST OAK DR

LINGERING LN

TEWK

SBUR

Y DR

BURR

OWS S

T

HEAVENSG ATE RD

TIMBER LANE DR

MOSS

AV

TYNGSBOURGH DR

SPRING ST

BA Y CT

DAVIS ST E

REZONINGCASE NUMBER

Z-15-034FROM:TO:

ECO/NRMAECO NRMA REQUEST AREA

PARENT PARCEL

1 inch = 1,000 feet

B-4R-3

I

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REZONINGCASE NUMBER

Z-15-034FROM:TO:

AERIAL 2012PARENT PARCELREQUEST AREA

B-4R-3

1 inch = 400 feetI

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US HWY 17 NMI

LLS R

D

GARDEN ST

VAN HOOK RD

PARK AV

GOLD

EN H

ILLS B

LVD

WILL

OW AV

MOSS

AVHEAVENSGATE RD

SPRING ST

ORCH

ID AV

N US 17

R-3

A-3

RR

B-4

B-4C

A-1

A-3C

BPUD

R-4

R-3C

ZONINGFROM:TO:

CASE NUMBERB-4R-3

ZONING CLASSIFICATIONAGRICULTURALCOMMERCIAL

RESIDENTIALPARENT PARCEL Z-15-034I

1 inch = 400 feet

REQUEST AREA

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US HWY 17 N

MILL

S RD

GARDEN ST

PARK AV

VAN HOOK RD

GOLD

EN H

ILLS B

LVD

WILL

OW AV

MOSS

AVHEAVENSGATE RD

SPRING ST

ORCH

ID AV

REZONING

FROM:TO:

CASE NUMBERZ-15-034

B-4R-3

FUTURE LAND USE CLASSIFICATIONAGRICULTURE RESOURCERURAL

RURAL COMMUNITYURBAN LOW INTENSITY

1 inch = 400 feet

IREQUEST AREAPARENT PARCEL

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