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FINAL ORDERDESOTO COUNTY

PLANNING AND ZONING DEPARTMENT STAFF REPORT

REQUEST: RZ/PUD 2014-02

PROPERTY OWNER: Sonoma Preserve, LLC

APPLICANT: Same

AGENT: Wade Light

PROPERTY: 29-39-23-0000-0020-000032-39-23-0000-0400-0000 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)

EXISTING ZONING 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 construction of 999 mixed-residential units with infrastructure, recreational areas and 242 acres of preserve/open space (Figure 1). The property is 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 property is 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:

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

There has been NO correspondence 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 on Tuesday, August 5, 2013 at 5:30pm for a recommendation to the Board of County Commissioners.

MAP 1: Current Zoning


PROJECT SITE

CHARLOTTECOUNTY

MAP 2: LOCATION


PEACE RIVERROAD

CR 769

CR 769/CR 761

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


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 a part 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 FindingThe 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 the density 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 findingThe subject property is zoned A-10 which is consistent with the Low Density Residential land use category. The development of the proposed PUD with 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: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..

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 exceed 999 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 Low Density 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 boundary is 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 FacilitiesLimited 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 mitigation for 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 a Environmental 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 project is 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 property is 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.

LDR Section 12504(A)(3)The creation of an isolated district unrelated to adjacent and nearby districts.

Staff Finding: As discussed above, this area is primarily zoned RSF-3, but contains a mix of zone districts including A-5 and RMF-6, with a development density ranging from 1 unit/acre to 6 units/acre. The proposed Planned Unit Development will have a density of 1.7± units per acre which is consistent with the density and intensity of current and potential development.

This rezoning, if granted, will not create an isolated district unrelated to adjacent and nearby zone districts.

LDR Section 12504(A)(4)The impact on the availability of adequate public facilities consistent with the level of service standards adopted in the comprehensive plan, and as defined and implemented through the DeSoto County concurrency Regulations.

Staff Finding: Currently there are public potable water and wastewater facilities available to the project site or to the area and existing development is serviced by County utilities. The proposed project would provide the infra-structure needed to hook-up to the County’s facilities.

Rezoning this property will have no impact on availability of public facilities or their current Level of Service.

LDR Section 12504(A)(5)Whether the existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for changes.


Staff Finding: This property, is currently zoned A-10 and is currently consistent with the Future Land Use, and surrounding zonings. Rezoning this property to Planned Unit Development (PUD) with a RMF-6 use and density designation would result in an overall development density and intensity similar to the density and use permitted by adjacent RSF-3 zoning. The existing district boundaries are not illogically drawn.

LDR Section 12504(A)(6)Whether changed or changing conditions make the passage of the proposed amendment necessary.

Staff Finding:The change in zoning on the subject property reflects an improving economy and demand for large scale, mixed residential property which has provided the impetus for the proposed rezoning request.

LDR Section 12504(A)(7)Whether the proposed change will adversely influence living conditions in the area.

Staff Finding: The proposed project would develop a project that is compatible in use and density to surrounding development. In addition the site improvements (paved roads, underground utilities, and enhanced landscaping), would at a minimum match or exceed that of the surrounding communities and would therefore would have la negligible impact on public services and facilities and living conditions in the surround neighborhoods..

LDR Section 12504(A)(8)Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety.

Staff Finding: A traffic study prepared for the applicant indicates that traffic generated by the project would not lower the adopted level of service surrounding road system. The traffic study did indicate a future need for northbound and southbound turning lanes on CR 769 and shall be addressed at time of development.

LDR Section 12504(A)(9) Whether the proposed change will create a drainage problem.

Staff Finding: The change in zoning will not create drainage problems. Drainage concerns will be addressed at time of proposed development and that development will be required to adhere to County, SWFWMD, and any other outside agency drainage and water management regulations.

LDR Section 12504(A)(10)Whether the proposed change will seriously reduce light and air to adjacent areas

Staff Finding: The proposed change would not seriously reduce light and air to adjacent areas. The proposed lots within the development ensure adequate separation between residential uses within the


development and existing residences. The proposed project would include a buffer (separation and landscaping) between the site and existing residences and would provide a visual separation.

LDR Section 12504(A)(11)Whether the proposed change will adversely affect property values in the adjacent area.

Staff Finding: Property values in adjacent areas would not be adversely affected by the proposed project. Lot areas within the development would be platted and individually owned (fee simple ownership). There would be a home owners association and deed restrictions to ensure property maintenance and appearance.

LDR Section 12504(A) (12) Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.

Staff Finding: The proposed change would not be a detriment to the improvement and/or development of adjacent property in accordance with existing regulations. As described above the proposed project would develop at a density and intensity of use similar to that currently permitted in the surrounding zoning. In addition to the site improvements (paved roads, underground utilities, and enhanced landscaping), which would at a minimum match that of the existing community. Further, property values in adjacent areas would not be adversely affected by the proposed project. Lot areas within the development would be platted and individually owned (fee simple ownership). There would be a home owners association and deed restrictions to ensure property maintenance and appearance.

LDR Section 12504(A) (13) Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.

Staff Finding: The proposed change would not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The Planned Unit Development zoning district is intended to provide an optional alternative zoning and development process that lends itself to a more creative approach to redevelopment of contiguous tracts of land providing standards by which flexibility may be accomplished, while maintaining and protecting the public interest. The proposed PUD zoning change would be subject to multiple reviews and public hearings which provide staff, the public, the local planning agency and legislative body the opportunity to evaluate and discuss said proposals effect on the public welfare.

LDR Section 12504(A)(14 ) Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.

Staff Finding: The current use (grazing) of the subject site is in compliance with the existing zoning, however, the existing A-10 zoning would only permit 50+ units on the site. The permitted density is well below that of existing to the north, south and west. Further, the PUD rezoning process provides for greater flexibility in development standards which in turn creates the opportunity to conserve wetlands and unique habitats that could be lost in the standard development process..


LDR Section 12504(A)(15 ) Whether the change suggested is out of scale with the surrounding area.

Staff Finding: As outlined previously, the proposed mixed residential community has an overall density that is less than surrounding single-family development. The proposed development of the site would have single-family homes adjacent, but separated, from existing single-family development on the north west and south. Also, the property is bounded on the northeast and east by a State land preserve.

PLANNED UNIT DEVELOPMENT: SPECIFIC REQUIREMENTS, LIMITATIONS AND STANDARDS

LDR Section 2322(F ) PLANNED UNIT DEVELOPMENT: SPECIFIC REQUIREMENTS, LIMITATIONS AND STANDARDS

LDR Section 2322(F)( 1) Location: PUD districts shall be located so as to maintain adopted level of service on all impacted public rights-of-way.

Staff Finding: As shown in the traffic study completed by TR Transportation Consultants, Inc. the only affected public right-of-way is CR 769 and it is currently operating at an acceptable level of service and the proposed project would not lower the adopted level of service.

LDR Section 2322(F)( 2) Minimum Area Required: The minimum area required for a planned unit development district containing only residential uses shall be 5 acres; containing only commercial or industrial uses shall be 2 acres, and containing a mix of residential, commercial or industrial uses shall be 5 acres.

Staff Finding: The project meets the minimum area for a planned unit development.

LDR Section 2322(F)( 3) Character of the Site: The condition of soil, ground water level, drainage and topography shall all be appropriate to both kind and pattern of use or uses intended. The site shall also contain sufficient width and depth to adequately accommodate its proposed use and design.

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.

(SWFWMD) determines that the jurisdictional areas are wetlands, the functions and criteria of the policies shall be addressed. The applicant shall provide the County a copy of the ERP and any conditions placed upon the development.

An Environmental Assessment was completed. Significant wetlands were identified within the property boundaries. The survey did locate three (3) listed species and Florida Scrub-Jays were called to the site. The applicant shall obtain the appropriate Florida Fish and Wildlife Conservation Commission (FWC) permit relative to the gopher tortoises prior to the County issuing a Notice To Proceed for a development permit.

The character of the area can accommodate the proposed project with the appropriate conditions.

LDR Section 2322(F)( 4) Uses Permitted: An applicant may propose any use or combination of uses within a proposed PUD subject to the minimum area requirements contained herein.

Staff Finding: The proposed mixed residential community meets the minimum area requirements.

LDR Section 2322(F)( 5) Density: The overall, gross density of the proposed PUD Concept Development Plan shall be calculated by dividing the total number of units proposed by the gross acreage of the PUD. In no event shall the gross density exceed the maximum density permitted by the Comprehensive Plan. In the event of multiple Future Land Use Map categories, no project may be authorized to utilize density averaging or blending techniques.

Staff Finding: The overall gross density of the proposal is less than the density permitted by the Low Density Residential land use designation of the DeSoto Comprehensive Plan.

LDR Section 2322(F)( 6) Minimum Open Space: Planned Unit Developments shall set aside at least 25% of the gross area as open space. Usable open space shall includeactive and passive recreation areas such as playgrounds, golf courses, water frontage, waterways, lagoons, flood plains, nature trails and other similar open spaces. Open water area beyond the perimeter of the site and street rights-of-way, driveways, off-street parking areas and off-street loading areas, or private yards shall not be counted in determining usable open space.

Staff Finding: The applicant proposed more (47%±) open space then required (25%).

LDR Section 2322(F)( 7) Minimum Lot Area and Frontage Requirements within a PUD: No minimum lot size or yards shall be required within a PUD, except that peripheral yards abutting the exterior limits of the PUD boundary (except for boundaries limited in or by water) shall observe yard requirements in accordance with the zoning classification the use most closely resembles. Every dwelling unit or other use must be served directly or via an approved private road, pedestrian way, court, or other area dedicated to public use or reserved for private use, or common element guaranteeing access. Permitted uses are not required to front on


a publicly dedicated road or street.

Staff Finding: The lots and developed areas within the lots meet minimum requirements. The project will have a 30-foot buffer area where it abuts adjacent land uses.

LDR Section 2322(F)( 8) Off-Street Parking and Off-Street Loading Requirements: Off-street parking and off-street loading requirements shall be as for comparable uses set out in the Land Development Regulations. Shared parking facilities may be approved as part of the request upon review of an acceptable alternative parking strategy study.

Staff Finding: Off-street parking requirements are sufficient for the proposed project.

LDR Section 2322(F)( 9) Development Planning - External Relationships: Development planning within a PUD district shall provide protection of the development from adverse surrounding influences and protection of surrounding areas from adverse influences generated by or within the district.

a. Principal vehicular access points shall be designed to encourage smooth traffic flow and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. Where streets within the district intersect adjoining streets, appropriate visibility triangles shall be maintained.

b. Fences, walls or vegetative screening at edges of PUD districts shall be provided where needed to protect residents from lighting, noise or other adverse off-site influences, or to protect residents of adjoining districts from similar possible influences from within the PUD district. In all cases, screening shall, at a minimum, be designed to protect existing or potential first-floor residential occupant window levels. In particular, off-street parking areas for five (5) or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and garbage shall be so screened.

Staff Finding: Ingress and egress will be on a proposed street that directly accesses CR 769 which is operating at the adopted level of service. The project will have varying types of vegetative buffers adjacent to surrounding residences. Internal pedestrian circulation will be accommodated by sidewalks or pathways

LDR Section 2322(F)( 10) Phasing of Development:

Staff Finding: The project will be built in multiple phases. Conditions of approval set design principles for landscape buffers, and the phasing of storm water management, wetland protection and habitat protection/restoration.

LDR Section 2322(F)( 11) Preservation and Protection of Natural Historic or Archeological Features: Every effort shall be made in the planning and development of the PUD District to preserve and


protect desirable natural, historic or archaeological features of the site, including trees and other vegetation of consequence. Preliminary evidence from the appropriate agency shall be submitted with the application indicating potential impacts or areas to consider for more detailed study.

Staff Finding: The subject property is currently used for grazing. No Natural historic or archaeological features were found on the site according to the State of Florida.

LDR Section 2322(F)( 12) Utilities: It is intended that within the developed portions of a PUD District, all utilities, including telephone, television cable and electrical systems shall be installed underground, within approved utility easements, except that:

a. Appurtenances to these systems more than four (4') feet in height and two (2') feet in diameter must be effectively screened;

b. Main or feeder lines may require overhead installation based on environmental or technical problems;

c. Primary facilities providing service to the site of development or necessary to service areas outside the development shall be exempt from this requirement; and

c. In cases of overhead main or feeder lines, service laterals from the point of connection shall be underground to the structure or dwelling.

Staff Finding: All utilities will be underground.

LDR Section 2322(F)( 13) Connectivity: All proposed development shall consider internal and external connectivity. Connectivity is intended to provide alternative routes between uses and neighborhoods, and in turn, reducing travel time. All applications shall provide at least a minimum:

a. Sidewalks along both sides of all arterial and collector roads and a minimum of one side along all local roads located within and adjacent to the proposed development. Proper connections (i.e. handicap accessibility) at intersections shall be included.

b. Stub-outs to vacant land of similar development designation (future urban areas) shall be provided. Requests for waiver to this requirement may be considered based on agreements that internal roadways will remain private and portions of development are gated.

c. Internal connections between uses to allow proper internal traffic flow shall be required.

Staff Finding: Appropriate automotive and pedestrian internal and external circulation will be provided by the project, as appropriate.

LDR Section 2322(H)(b) CONCEPT DEVELOPMENT PLAN APPROVAL

PLANNING COMMISSION REVIEW/FINDINGS:Sonoma Preserve RZ/PUD 2014-02 A-10 to PUD Pg. 16 of 19

(1) The proposed use or mix of uses is appropriate at the subject location.

(2) The recommended conditions to the Concept Plan and other applicable regulations provide sufficient safeguards to the public interest.

(3) The recommended conditions are reasonably related to the impacts on the public's interest created by or expected from the proposed development.

STAFF REVIEW AND RECOMMENDATIONStaff review has determined that: application RZ/PUD 2014-02, a rezoning of 515+/- acres from Agriculture-10 to Planned Unit Development, is complete, the request is compliant with the applicable rezoning and planned unit development Land Development Regulations; and the request is consistent with the Objectives and Policies of the Comprehensive Plan, as outlined in this staff report, contingent upon project conditions:

RECOMMENDED CONDITIONS FOR APPROVAL:

See Exhibit 1, for conditions of approval

PUBLIC HEARING SCHEDULEDeSoto County Planning Commission Planning Commission

RecommendationTuesday, August 5, 2014

Board of County Commissioners Final Disposition

Tuesday, August 26, 2014

_Thomas A. Cookingham________ ___August 5, 2014__________Presented by Thomas A. Cookingham DATE


EXHIBIT 1Conditions of Approval

Planned Unit Development 2014-02

1. Development on the subject property shall occur as generally illustrated in the Planned Unit Development (PUD) Concept Plan submitted by the applicant, prepared by Barraco and Associates, Inc dated May 27, 2014, except for such modifications as may be required to the conditions of this PUD zoning district. Also, the site plan review conditions of approval are required to be met. A revised Concept Plan showing the required changes shall be submitted to the Development Services Department prior to final approval by the Board of County Commissioners;

2. All conditions of approval may be enforced by the DeSoto County Code Enforcement Officer;

3. The subject property shall be developed as a mixed, residential community and must meet the proposed PUD standards, except where the PUD conditions or PUD Concept Plan may establish higher standards. Further requirements include:

a) Multi-family dwellings are only to be developed in pods B, C, D, I, and K as illustrated on the Concept Development Plan;

b) The “emergency access” off of Courtly Manor/Kings Row shall be gated and locked. It shall be only used for emergency access if access cannot be gained from the project’s ingress/egress onto CR 769 (Kings Highway);

c) A “B” type buffer shall be installed along perimeter of Pod A development buffering the adjacent Spring Lake residential development. The applicant shall provide a landscape plan to Planning and Zoning which delineates the location and type of physical buffer (i.e. berm and/or wall) being proposed, an enhanced planting layout including size, type and planting schedule, location and type of irrigation proposed. Also the landscape plan should include all common and water management areas that will be maintained by the Home Owners Association;

d) A “Master” Homeowners or Property Owners Association shall be created for maintenance of all common elements including, but not limited to, landscaping, roads, lighting and stormwater management.;

e) The applicant shall submit a copy of recorded deed restrictions prior to DeSoto County issuing a Notice to Proceed on any Development/Improvement Plan;

f) All on-site lighting shall be restricted to low sidewalk/pathway lights or low-profile (no higher than 10-feet) shielded and directed lighting so that the light does not shine beyond the boundaries of the subject property;

g) The rear yard setback for any pools, decks, screen enclosures, or recreation accessory shall not be less than five feet (5’);

h) The recreational area located near the emergency access area shall be limited to passive open space; and

i) Type “F” curb be installed along the “Spine Road” that meanders from the entrance, southerly until it turns east along the south property boundary.

4. The applicant shall provide a Master Landscape Plan for the project’s perimeter buffering that identifies the type and size of planting materials and the irrigation system layout. The Master Landscape Plan is to ensure a standard for future, independent development projects; and


5. The applicant shall provide the County with the appropriate permits and development conditions from SWFWMD, FWC or other appropriate agency prior to DeSoto County issuing a Notice to Proceed on any Development/Improvement Plan. The applicant shall provide an explanation of how conditions of approval for the overall stormwater management, wetland preservation and habitat conservation would be met and financed for a phased development;

6. The current traffic impact statement prepared by TR Transportation Consultants, Inc. indicates a future need for northbound and southbound turning lanes on CR 769 (Kings Highway). An updated traffic analysis for each development phase shall be required to evaluate the need and timing for these and other traffic manage improvements;

7. Visibility triangles at all roadway intersections shall be maintained.


Documents

DESOTO COUNTYdesotobocc.com/.../Staff_report_RZPUD_2014-02_Sonoma2.docx · Web viewCompatibility between uses will be defined by level of density and intensity rather than by use,