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Zoning at 4140 Edgewater Zoning at 4140 Edgewater Drive should Drive should not not be be changed changed from R-1A to PD from R-1A to PD Negative impact on long-established Negative impact on long-established residential neighborhood residential neighborhood Domino effect of piecemeal Domino effect of piecemeal development development Current plan unfeasible Current plan unfeasible Change is premature Change is premature Inadequate protections for residents Inadequate protections for residents
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Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

Dec 26, 2015

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Page 1: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 2: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 3: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 4: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 5: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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).

Page 6: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 7: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

Development near Subject Development near Subject PropertyProperty

Page 8: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

4143 Edgewater Dr.4143 Edgewater Dr.(across street from subject (across street from subject

property)property)

Page 9: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 10: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

4162 Edgewater Drive4162 Edgewater Drive

Page 11: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

View from Grier Ave.View from Grier Ave.Large paved parking areaLarge paved parking area

Page 12: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

4162 Edgewater Drive4162 Edgewater Drivemore of the parking areamore of the parking area

Page 13: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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.

Page 14: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

Private Road sign on Grier Private Road sign on Grier Ave.Ave.

Page 15: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 16: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 17: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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?

Page 18: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

4140 Edgewater Drive4140 Edgewater Drive(view from North Palm Ave.)(view from North Palm Ave.)

Page 19: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

Only major tree on property Only major tree on property encroaches on parking areaencroaches on parking area

Page 20: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

Yard inadequate for Yard inadequate for infrastructureinfrastructure

Page 21: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.
Page 22: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.
Page 23: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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)

Page 24: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 25: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

Landscape & fencing atLandscape & fencing at1000 South Palm Ave.1000 South Palm Ave.

Page 26: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 27: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 28: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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).).

Page 29: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 30: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 31: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

4150 Edgewater Drive4150 Edgewater Drive(btw. subject property & law (btw. subject property & law

firm)firm)

Page 32: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 33: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 34: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

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

Page 35: Zoning at 4140 Edgewater Drive should not be changed from R-1A to PD Negative impact on long-established residential neighborhood Negative impact on long-established.

Thank you for Thank you for protecting our protecting our neighborhoodneighborhood