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Zoning at 4140 Edgewater Zoning at 4140 Edgewater Drive should Drive should notnot be changed be changed
from R-1A to PDfrom R-1A to PD Negative impact on long-established Negative impact on long-established
residential neighborhoodresidential neighborhood Domino effect of piecemeal Domino effect of piecemeal
developmentdevelopment Current plan unfeasibleCurrent plan unfeasible Change is prematureChange is premature Inadequate protections for residentsInadequate protections for residents
Well-Established Well-Established NeighborhoodNeighborhood
Single family homes built in 1950s – Single family homes built in 1950s – 1960s1960s
Low density residentialLow density residential Stable without change for decadesStable without change for decades Residents investing in homes; making Residents investing in homes; making
many improvements over the yearsmany improvements over the years Neighbors united against zoning Neighbors united against zoning
changechange
Overview of neighborhoodOverview of neighborhood
Commercial to north is from 1950sCommercial to north is from 1950s Commercial to the south in city limitsCommercial to the south in city limits Current offices from 1980s, pre-dating Current offices from 1980s, pre-dating
comprehensive plan comprehensive plan Area has stayed residential for Area has stayed residential for
decades after widening of Edgewater decades after widening of Edgewater DriveDrive
All non-residential uses have existed All non-residential uses have existed for decades, without expandingfor decades, without expanding
Orange County development Orange County development rules do not support this rules do not support this
changechange FLU 8.2.1 – Land use changes must be FLU 8.2.1 – Land use changes must be
compatible with existing development compatible with existing development and development trend in the areaand development trend in the area
FLU 1.4.4 – disruption of residential FLU 1.4.4 – disruption of residential areas by poorly located commercial areas by poorly located commercial activities shall be avoidedactivities shall be avoided
OBJ N1.1 – Orange County shall ensure OBJ N1.1 – Orange County shall ensure that land use changes are compatible that land use changes are compatible with or do not adversely impact existing with or do not adversely impact existing neighborhoodsneighborhoods
FLU 2.3.6:FLU 2.3.6:Conversion of residential to Conversion of residential to
non-residential allowed non-residential allowed only ifonly if:: There has been a significant change in There has been a significant change in
area land use character (NO);area land use character (NO); Property is located on a road identified Property is located on a road identified
as a major facility;as a major facility; Property can accommodate the Property can accommodate the
required parking, access, & required parking, access, & stormwater (NO); stormwater (NO); andand
Converted use is compatible with Converted use is compatible with adjacent land uses (NO).adjacent land uses (NO).
Subject PropertySubject Propertysurrounded by residentialsurrounded by residential
Subject property directly faces Subject property directly faces another residential house (4143 another residential house (4143 Edgewater Drive)Edgewater Drive)
4143 Edgewater owner signed the 4143 Edgewater owner signed the petitionpetition
4143 Edgewater Dr.4143 Edgewater Dr.(across street from subject (across street from subject
property)property)
Comparison to 4162 Edgewater Comparison to 4162 Edgewater Dr.Dr.
Former title insurance company, Former title insurance company, generated little traffic and parkinggenerated little traffic and parking
Currently law firm with four solo Currently law firm with four solo practitionerspractitioners
Significantly larger sign, lighted all Significantly larger sign, lighted all nightnight
Increased traffic and parking Increased traffic and parking problemsproblems
Parking & Traffic atParking & Traffic at4162 Edgewater Drive4162 Edgewater Drive
Larger paved parking area than Larger paved parking area than possible at 4140 Edgewater Drivepossible at 4140 Edgewater Drive
Problems with clients parking along Problems with clients parking along residents’ yardsresidents’ yards
Increased traffic down residential Increased traffic down residential streetsstreets
Fleck and Grier are private streets; Fleck and Grier are private streets; same protection not available to North same protection not available to North Palm Ave. & South Palm Ave.Palm Ave. & South Palm Ave.
Current Traffic Issues in Current Traffic Issues in AreaArea
Speed limit on Edgewater coming from Speed limit on Edgewater coming from north: 45 mphnorth: 45 mph
Cars often traveling faster than speed Cars often traveling faster than speed limitlimit
Blind curve right before North PalmBlind curve right before North Palm Turning left from N. Palm on Edgewater Turning left from N. Palm on Edgewater
very dangerousvery dangerous Only other route is to drive through Only other route is to drive through
neighborhoodneighborhood
Traffic Issues with Subject Traffic Issues with Subject PropertyProperty
Office use may be less “PM peak trips” but Office use may be less “PM peak trips” but will generate will generate moremore trips during the trips during the dayday
Left turn on Edgewater Left turn on Edgewater mostmost dangerous dangerous during during dayday (no headlights) (no headlights)
County policy “does not typically support County policy “does not typically support access for a non-residential use from a access for a non-residential use from a residential street” (10/13/09 Staff Report)residential street” (10/13/09 Staff Report)
Access from Edgewater impossible, unsafeAccess from Edgewater impossible, unsafe Difficult to back out of drivewayDifficult to back out of driveway
Issues on Subject Property Issues on Subject Property sitesite
Very small lot; limited space outside houseVery small lot; limited space outside house Parking will pave over almost entire yardParking will pave over almost entire yard Impossible to fit adequate parkingImpossible to fit adequate parking Impossible to fit both septic tank and Impossible to fit both septic tank and
retention pond (area not currently planned retention pond (area not currently planned for sewer any time soon)for sewer any time soon)
Variances needed on virtually every issueVariances needed on virtually every issue Has owner asked for all needed variances?Has owner asked for all needed variances?
Only major tree on property Only major tree on property encroaches on parking areaencroaches on parking area
Subject Property owner knewSubject Property owner knewat time of purchase…at time of purchase…
Edgewater Drive is a four lane Edgewater Drive is a four lane highway, widened decades earlierhighway, widened decades earlier
House is older and close to streetHouse is older and close to street Lot size is smallLot size is small No right to zoning changeNo right to zoning change Basic investigation would have Basic investigation would have
revealed historic neighborhood revealed historic neighborhood opposition to zoning changes (and opposition to zoning changes (and denial of past area requests)denial of past area requests)
Comparison to 1000 S. Palm Comparison to 1000 S. Palm AveAve
Owner previously requested similar Owner previously requested similar zoning change (denied)zoning change (denied)
Built buffers: fence, trees, landscapingBuilt buffers: fence, trees, landscaping Upgraded façade and interior of houseUpgraded façade and interior of house Livability improved to point that owner Livability improved to point that owner
lives there nowlives there now Neighbors very positive about Neighbors very positive about
propertyproperty
Problems with granting the Problems with granting the zoning change as currently zoning change as currently
proposed:proposed: Fails to provide adequate parking for Fails to provide adequate parking for
size of office (including handicapped);size of office (including handicapped); Provides no reassurance that future use Provides no reassurance that future use
(by current or future owner) will not be (by current or future owner) will not be more expansive and detrimentalmore expansive and detrimental
Increases traffic and risk in Increases traffic and risk in neighborhoodneighborhood
Staff and P&ZC oppose this Staff and P&ZC oppose this changechange
Staff reports have consistently Staff reports have consistently recommended denying this changerecommended denying this change
P&ZC voted unanimously against changeP&ZC voted unanimously against change Concerns in staff reports still not addressedConcerns in staff reports still not addressed Even with variances, plan unworkable and Even with variances, plan unworkable and
unfairly detrimental to neighborhoodunfairly detrimental to neighborhood No guarantee future use won’t be worseNo guarantee future use won’t be worse
Once againOnce again, FLU 2.3.6:, FLU 2.3.6:Conversion of residential to Conversion of residential to
non-residential allowed non-residential allowed only ifonly if:: There has been a significant change in There has been a significant change in
area land use character (area land use character (NONO);); Property is located on a road identified Property is located on a road identified
as a major facility;as a major facility; Property can accommodate the Property can accommodate the
required parking, access, & required parking, access, & stormwater (stormwater (NONO); ); andand
Converted use is compatible with Converted use is compatible with adjacent land uses (adjacent land uses (NONO).).
Keep the PromiseKeep the Promise
When Edgewater was widened, residents When Edgewater was widened, residents promised their neighborhood would be promised their neighborhood would be protectedprotected
Orange County’s own development standards Orange County’s own development standards require neighborhoods to be protectedrequire neighborhoods to be protected
Residents have trusted County and continued Residents have trusted County and continued to invest significant money in their homesto invest significant money in their homes
Approval of any plan should include very Approval of any plan should include very detailed restrictions detailed restrictions andand community input community input
Risk of Domino EffectRisk of Domino Effect Granting zoning change leaves 4150 Granting zoning change leaves 4150
Edgewater isolatedEdgewater isolated Allowing zoning changes is financial Allowing zoning changes is financial
windfall for Edgewater Drive owners but windfall for Edgewater Drive owners but financial financial damagedamage to all other owners to all other owners
Neighborhood has “held back the tide” Neighborhood has “held back the tide” for decades; all other zoning requests for decades; all other zoning requests denieddenied
Any change should be carefully Any change should be carefully considered beforehandconsidered beforehand
4150 Edgewater Drive4150 Edgewater Drive(btw. subject property & law (btw. subject property & law
firm)firm)
No piecemeal developmentNo piecemeal development Staff reports, comments during past P&Z Staff reports, comments during past P&Z
and BOCC meetings, reflect concerns and BOCC meetings, reflect concerns over how to handle this section of over how to handle this section of EdgewaterEdgewater
Staff suggested small area study at Staff suggested small area study at 10/13/09 meeting10/13/09 meeting
No study done, or even initiated, yetNo study done, or even initiated, yet Small area study should be completed Small area study should be completed
beforebefore anyany zoning changes zoning changes
Change is premature and Change is premature and unneededunneeded
Development stable for decadesDevelopment stable for decades Plenty of available office space in Plenty of available office space in
areaarea No legal requirement to approve this No legal requirement to approve this
step just because last step was step just because last step was approvedapproved
Not bound by previous commissionNot bound by previous commission
What we are askingWhat we are asking Deny zoning change from R-1A to PD Deny zoning change from R-1A to PD
todaytoday Deny any zoning changes until submitted Deny any zoning changes until submitted
plans plans fullyfully address parking, access, and address parking, access, and stormwater issuesstormwater issues
Deny any zoning changes until small area Deny any zoning changes until small area study completedstudy completed
Require any future zoning changes in Require any future zoning changes in area to include community inputarea to include community input
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