MARION COUNTY GROWTH SERVICES

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1 MARION COUNTY GROWTH SERVICES Date: 6/27/ st PH - P&Z (LPA): 6/26/ nd PH - BCC: 7/18/2017 Application No: 2017-DT3 Type of Application: Developer s Agreement Termination Developer s Agreement: OR Bk/Pg: 4641/281 Related Comprehensive Plan Amendment(s): (2005-L02 & L29) 2017-s04 Related Rezoning(s): Z ( z) Owner: Utopia 42, LLC & D. Gaekwad Applicant: J. David Tillman, P.E./Tillman & Associates Parcel #/Acreage: , , , & ± AC Location: North side of Hwy 42, across from the First Baptist Church at the Villages (of Marion) P&Z Recommendation: Approve subject to resolution of utilities development requirement Project Planner: Christopher D. Rison, AICP, Senior Planner Existing Use: Field/pasture, forested. Code Enforcement Action: Case # Opened 2/7/2017 1) Junk & Litter 2) 911 Address Posting Item Summary Staff is recommending Approval to terminate a requirement for a Developer s Agreement, originally required in conjunction with Comprehensive Plan Amendments 2005-L02 & L29 and Rezoning Application Z, as related to concurrent Comprehensive Plan Amendment 2017-S04 and Rezoning Application Z. Public Notice Notice of public hearing was mailed to 63 property owners within 300 feet of the subject property, generally corresponding to referenced Comprehensive Plan Amendment 2017-S04 and Rezoning Application Z. Written comments in opposition have been received from 2 of 63 owners, or 3%, at the time of this report s distribution. Location The site is generally located along the north side of SE Hwy 42 across from the First Baptist Church at the Villages, and extending north ±1.5 miles between SE 73 rd Avenue and SE 80 th Avenue. Request/Background The Board of County Commissioners (Board) approved Comprehensive Plan Amendments 2005-L02 & L29 (Amendments) along with requiring a corresponding Developer s Agreement (Agreement) for a Medium Residential development site. The project, titled Utopia, was also granted a Planned Unit Development zoning classification Z). The Agreement establishes three key development 1 P a g e

2 limitations and/or requirements: 1) a maximum of 950 dwelling units, and 2) must be an age-restricted community, and 3) the development of a water treatment plant facility for conveyance to Marion County for ownership & operation. The development property was subsequently sold, and the new property owner has now submitted concurrent Comprehensive Plan Amendment (2017-S04) and Rezoning ( Z) Applications to amend the portions of the land use designations and amend the PUD zoning district for the site. As a PUD Rezoning Application, the Board may establish design and development conditions through the PUD. As such, the owner is seeking terminate the Agreement requirement and instead allow the site development to proceed solely under the PUD Zoning and/or the County s general Land Development Code s design and development standards wherein the Board may establish development conditions as part of the PUD consideration process. Analysis Marion County recently updated the Comprehensive Plan and Land Development Code (Plan 2011, Code ) to functionally incorporate the Agreement s general design and development requirements, essentially negating the need to itemize those requirements in a separate Agreement. Further, the specialized requirements of the required Agreement may be included in an approval of the PUD Zoning Application as design and development conditions may be required as part of the PUD process. The table below summarizes the main provisions of the required Agreement and which provisions are addressed by current general LDC provisions and which provisions may be addressed by the concurrent PUD Rezoning Application ( Z). # AGREEMENT LDC 1 Recitals Parties agree n/a 2 Definitions n/a 3 Binding on property and subsequent owners 4 Density limitation 5 Usage restriction 6 Age-restricted community Specific development standards set by the PUD Rezoning Application ( Z) that would be binding for the project. Maximum 950 residential dwelling units. The maximum amount of residential and non-residential development may be set by the PUD Rezoning Application ( Z) that would be binding for the project. Applicant desires increase to the maximum number of dwelling units 1,395 units. All residential use shall be single-family residential. The maximum residential and nonresidential development uses may be set by the PUD Rezoning Application ( Z) that would be binding for the project. Applicant desires add multiple-family residential (using R-3 zoning standard) and commercial uses (using B-2 zoning standards). Must be developed as an age-restricted community. The age-restricted community requirement may be set by the PUD Rezoning Application ( Z) that would be binding for the project. 2 P a g e

3 7 8 Central water & central sewer service Buffers Zones/Perimeter SE 73 rd Avenue buffer SE 73 rd Avenue trail PUD zoning required Applicant desires to not provide an agerestricted community (neither adult- nor retirement-community) to provide market flexibility. Must be served by central water and central sanitary sewer (wastewater) service. (LDC Section ) Must complete a separate Utilities (Developer s) Agreement and provide regional lift station(s) and a MC Utilities water plant on-site in order to receive the first Certificate of Occupancy. Applicant anticipates completing a Utilities Developer s Agreement that will formalize the utility improvements to be provided based on the final project plans and existing conditions. Provide project perimeter buffers, and internal development zone perimeter buffers. LDC Section PUD standards, and Divisions 6.7, 6.8, and 6.9 (Trees, Landscaping, and Irrigation). Applicant desires to revised the perimeter buffers and eliminate specific interior buffers. The proposed perimeter buffers are consistent with the LDC or provide adjustments for wider buffers in lieu of providing buffer walls. Provide expanded, minimum 100 wide, buffer along SE 73 rd Avenue. Applicant desires to eliminate the expanded buffer and provide a modified Type B Buffer which will exceed the Type C Buffer required by the LDC. Provide 50 ROW dedication with minimum 8 wide ped/bike path. Applicant desires to comply with LDC regarding ROW dedication including accommodating future ped/bike needs. However, in lieu of providing external improvements along SE 73 rd Avenue, the applicant proposes providing an internal ped/bike plan to connect south to SE Hwy 42. Ped/bike requirements along SE Highway 42 will be addressed with the PUD and the commercial area development. Rezoning Application for a PUD is under concurrent consideration ( Z). 9 School concurrency School concurrency is now managed via the County & Marion County Public Schools (MCPS) Interlocal Agreement; additionally, an Education Impact Fee Ordinance is in place, though currently suspended per MCPS. 10 Traffic study & concurrency LDC Section & LDC Division Stormwater design related to Buffer, sidewalk, and stormwater management plans shall insure that no 3 P a g e

4 12 Northwest Outparcel Relocation of water treatment plant and amenity locations shift southward to increase the buffer width to the north stormwater runoff from the Project Property to the Outparcel will occur, and shall also insure the stormwater management plan will not result in the impoundment of water adjacent to the boundaries of the Outparcel. LDC Division 6.13 Applicant desires to follow LDC requirements regarding stormwater management. The 50 wide buffer to the water treatment plant and amenities in the area that projects to the northeast shall be increased to provide a sufficient buffer; however a minimum width of the buffer and the planting methods are not specified. Applicant desires to follow LDC by providing a 30 wide Type A Buffer along with providing a linear drainage retention area (DRA) along the south side of the Buffer (The proposed Type A Buffer exceeds current LDC buffer requirements.) 13 Environmental impact assessment LDC Section Stormwater design & maintenance LDC Section & LDC Division 1.8 High-efficiency, low-flow plumbing fixtures& appliances; and Treated wastewater/effluent when available as primary irrigation source with groundwater as last resort. LDC Section 6.9 (WMD oversight) 15 Water Conservation County LDC & WMD prioritize wastewater/effluent, then stormwater reuse for irrigation with groundwater as a last resort. PUDs are subject to common area planting (MFLA) and irrigation standards, and to establish project-wide irrigation operations and procedures. STAFF RECOMMENDATION: APPROVAL, subject to resolution of utility facility provision requirements (water treatment plant & regional lift station). P&Z RECOMMENDATION: APPROVE as recommended by staff. RECOMMENDED BOARD OF COUNTY COMMISSIONER ACTION: Motion to approve and authorize the Chairman to execute the Developer s Agreement Termination (OR Bk/Pg: 4641/281) related to Amendment 2005-L02 and 2005-L29, subject to the execution and recording of a replacement Utility Developer s Agreement for the Gaekwad Village PUD, and thereby authorize development of the site to proceed consistent with the Marion County Land Development Code, as amended, and the concurrently approved Plan Amendment (2017-S04) and Rezoning ( Z) Applications, and the completed replacement Utility Developer s Agreement. 4 P a g e

5 CURRENT DEVELOPER S AGREEMENT EXHIBIT B UTOPIA PUD BUFFER PLAN 5 P a g e

6 CURRENT DEVELOPER S AGREEMENT EXHIBITS C-1 AND C-2 UTOPIA PUD BUFFER DETAILS C-1 C-2 6 P a g e

7 UTOPIA PLAN AMENDMENT CONCEPT PLAN COLOR VERSION 7 P a g e