public hearing: case no: pud-18-001...required for a business zoning classification and for property...

43
GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, Florida 32720 (386) 736-5959 PUBLIC HEARING: February 15, 2018 – Planning and Land Development Regulation Commission (PLDRC) CASE NO: PUD-18-001 SUBJECT: Rezoning from Prime Agriculture/Thoroughfare Overlay Zone (A-1C) and Prime Agriculture (A-1) zoning classifications to the Business Planned Unit Development/Thoroughfare Overlay Zone (BPUDC) and Business Planned Unit Development (BPUD) zoning classifications. LOCATION: 2771 West New York Avenue, DeLand. OWNER/APPLICANT: Philip and Kathy Clemmons STAFF: Scott Ashley, AICP, Senior Zoning Manager I. SUMMARY OF REQUEST The applicant is requesting to rezone approximately 7.3 acres of an approximate 23.3- acre parent parcel to the Planned Unit Development Classification to allow for the development of a mini-warehouse and indoor and outdoor storage facility to accommodate cars, boats and recreational vehicles. This combination of land uses requires a rezoning to Business sub-classification (BPUD), which would be developed over land area previously used as part of the applicant’s tree and plant nursery business. Staff Recommendation: Move to forward the rezoning case, PUD-18-001, to county council for final action with a recommendation of approval, subject to the staff recommended order, resolution, and conditions. Page 1 of 43

Upload: others

Post on 11-Sep-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

GROWTH AND RESOURCE MANAGEMENT DEPARTMENT

PLANNING AND DEVELOPMENT SERVICES DIVISION

123 West Indiana Avenue, DeLand, Florida 32720 (386) 736-5959

PUBLIC HEARING: February 15, 2018 – Planning and Land Development Regulation Commission (PLDRC)

CASE NO: PUD-18-001

SUBJECT: Rezoning from Prime Agriculture/Thoroughfare Overlay Zone (A-1C) and Prime Agriculture (A-1) zoning classifications to the Business Planned Unit Development/Thoroughfare Overlay Zone (BPUDC) and Business Planned Unit Development (BPUD) zoning classifications.

LOCATION: 2771 West New York Avenue, DeLand. OWNER/APPLICANT: Philip and Kathy Clemmons STAFF: Scott Ashley, AICP, Senior Zoning Manager

I. SUMMARY OF REQUEST

The applicant is requesting to rezone approximately 7.3 acres of an approximate 23.3-acre parent parcel to the Planned Unit Development Classification to allow for the development of a mini-warehouse and indoor and outdoor storage facility to accommodate cars, boats and recreational vehicles. This combination of land uses requires a rezoning to Business sub-classification (BPUD), which would be developed over land area previously used as part of the applicant’s tree and plant nursery business.

Staff Recommendation: Move to forward the rezoning case, PUD-18-001, to county council for final action with a recommendation of approval, subject to the staff recommended order, resolution, and conditions.

Page 1 of 43

Page 2: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

II. SITE INFORMATION

1. Location: North side of State Road (SR) 44 (West New York Avenue) approximately 950 feet west of its intersection with Padrick Avenue, DeLand.

2. Parcel No(s): Portion of 7914-00-00-0151 3. Property Size: 7.27 acres of a 23.3-acre parent parcel 4. Council District: 1 5. Zoning: Prime Agriculture/Thoroughfare Overlay Zone (A-1C) and

Prime Agriculture (A-1) 6. Future Land Use: Agriculture Resource 7. ECO Overlay: No 8. NRMA Overlay: Yes

9. Adjacent Zoning and Land Use:

10. Maps

ZONING MAP FUTURE LAND USE MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE

North A-1C and A-1 Agriculture Resource Wooded

timberland

East

B-2C and B-4C Urban Low Intensity Marine service and storage

business

South A-3 Urban Low Intensity Undeveloped

woodland

West

A-1C, B-4 and R-4 Agriculture Resource and Rural Recreation (RLR)

Cleared, opened parent parcel and

single-family dwellings

Page 2 of 43

Page 3: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

III. BACKGROUND AND OVERVIEW

The property lies within an area containing a mix of urban residential, agriculture, commercial and public conservation zoned lands. The nearby residential areas were developed based on the area’s once-remote location and proximity to the St. Johns River, and the recreational value associated with the river. Several area businesses cater specifically to the watercraft sales or repair for local residents and visitors to Volusia County due to accessibility to the river. The parent parcel abuts the St. Johns Gardens designated Rural Recreation (RLR) area, immediately to the west. The RLR designation was created for limited areas of intense use located in remote rural areas along the St. Johns River. These areas are used for launching and/or storing boats with areas available for camping (RV sites are included). These areas may also contain single and multi-family dwelling units, hotels, bait shops, restaurants, and gas stations. The property owner has operated a plant and tree nursery business on the request site since 2005. Immediate area development consists of several marine related businesses, automotive sales and a bar on primarily B-4 General Commercial zoned properties, as well as vacant agriculture zoned properties and urban single-family residential zoned developments. These various properties have access to the 200-foot wide State Road (SR) 44, also known as West New York Avenue. North of the subject site is part of a large timber operation. Further west along the SR 44 right-of-way is an area of strip commercial containing a mixture of conforming commercial uses and nonconforming residential uses. As previously mentioned, this rezoning will only affect about 7.3 acres of the overall 23.3-acre sized parcel. A wetland corridor divides the parcel into east and west halves of upland areas. The proposed BPUD application is for the eastern half only. This particular area lies adjacent to existing commercially zoned and developed parcels, which makes the easterly area more favorable to a change of use consideration. If this case is approved, the remaining property will still be conforming to the minimum lot area requirement of the A-1 zoning classification. The ‘C’ zoning suffix indicates the property abuts one of the county's designated Thoroughfare Overlay Zone corridors (SR 44). This overlay zoned dictates compliance with other regulations adjacent to the arterial road in addition to those specific to the property’s current or future zoning classification. These include standards that address building setbacks, landscaping, signage and lot coverage.

Page 3 of 43

Page 4: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

IV. DEVELOPMENT PROPOSAL

PUD PROPOSAL - The applicant is requesting to establish a Business Planned Unit Development zoning classification on the subject property to develop a 128-unit rental storage facility to accommodate recreational vehicles, boats, automobiles and other equipment. In addition, the property owner will store a personal car collection on-site.

The proposed facility will occupy approximately 7.3 acres of the overall 23.3-acre parent property, which includes a wetland area that will serve as a buffer to the remaining parcel area. The applicant sees the development serving area recreational vehicle owners that live on small to medium sized lots that may not be able to accommodate their recreational vehicles and equipment. A storage facility located close to the river would be an ideal location for those users that do not want to travel a long distance to access the St. Johns River at one of the nearby boat ramps.

BPUD MASTER DEVELOPMENT PLAN – The proposed Master Development Plan consists of a written development agreement (Exhibit “1”) and a preliminary plan (Exhibit “B”), described further below: DEVELOPMENT AGREEMENT Paragraph D.1 of the development agreement limits the use of the property to a vehicle storage area consisting of a maximum 128 units, a small general office, and a potential owner/manager residence. The agreement further provides for parking for the storage units and those customary to the single-family residence. Paragraph E of the agreement proposes minimum yard sizes that are a blend of those required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side abutting other business zoned lots, and 30 feet in the rear. Maximum lot coverage would be limited to 30% of the property, and maximum building height is proposed at 35 feet, which are less than as allowed by conventional business or A-1 classifications. Landscape buffers are described in the agreement as having widths of 35 feet in the front along SR 44, and decreasing to 10 feet along portions of the sides abutting other commercially properties. Buffers are also proposed to accommodate parking and drive aisles around the rear of site. A tree preservation associated with the parcel’s wetland area shall be implemented along the western perimeter. The buffer widths meet the minimum code requirements overall and exceed them in certain areas.

Page 4 of 43

Page 5: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Because the property is located on a county thoroughfare, the non-residential development standards of the zoning code apply. The agreement proposes no special standards for architectural design, which therefore default to county code standards. One business sign with a maximum sign copy area of 32 square feet will locate adjacent to SR 44, as depicted on the preliminary plan. The agreement also defers to the zoning and development codes with respect to off-street parking and loading, environmental protection, water and sewer facilities, stormwater drainage, access, roadways, and fire protection. Additional standards in Paragraph D.2 prohibit the operation of a junkyard and the commercial sale, servicing and repair of various vehicles, excepting for personal vehicle servicing by the respective owners. PRELIMINARY PLAN The plan depicts the location of 128 rental storage units consisting of three proposed storage buildings, two covered storage structures, and two open parking areas. The amount of enclosed, covered or open storage encompasses nearly 60,000 square feet. In addition to the storage structures and areas, the plan indicates site improvements consisting of an 11-space parking lot for customers, employees and an owner/manager residence; landscape buffering and 6-foot high chain link fence around the property perimeter; an elongated retention area; and a commercial-grade driveway. The plan indicates the location of a cross-access driveway connection to the business-zoned parcel to the east. The project is anticipated to be developed in one single phase. The preliminary plan contains sufficient content to serve as a conceptual site plan under the site development procedures of the land development code. The storage unit layout is anticipated to accommodate personal recreational vehicles and watercraft, plus trailers. The spaces are oversized to accommodate these recreation vehicles types and trailers. The side/west end of the property is designated for tree preservation, as required by the land development code for all commercial sites. It should be noted that this area will serve as the required upland area of the on-site wetland corridor. This preliminary plan is conceptual in nature and the PUD rezoning process does not constitute final site plan approval. Pursuant to the zoning code, a detailed review of this development will take place during a Final Site Plan review process to assure compliance with all applicable sections of Volusia County Code of Ordinances, including but not limited to, landscaping, off-street parking and stormwater management prior to construction of the facility. The applicant was advised during the Staff Review meeting that the site layout may need to be modified on the final site plan application to comply with zoning and land development requirements.

V. REVIEW CRITERIA AND ANAYLSIS

ZONING AMENDMENT CRITERIA – Section 72-414(e) of the zoning code includes eight criteria that the Commission shall consider during the review of a rezoning application, as follows:

Page 5 of 43

Page 6: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

(1) Whether it is consistent with all adopted elements of the comprehensive plan. The property has an Agriculture Resource (AR) future land use designation. The current A-1 zoning classification is assumed compatible with this AR designation according to the land use and zoning compatibility matrix of the comprehensive plan. Pursuant to the future land use element, a diversification of land uses may be allowed within AR areas. Non-agricultural uses, such as agri-tourism, recreation, disposal and extractive uses may be allowed. However, to protect the viability of agriculture, such uses should be ancillary to the primary agricultural use of the property. However, in addition to the adjacent urban land use designation, the request site is near two designated Rural Recreation areas: Daisy Lake and St. Johns Gardens. This designation was created for limited areas of intense use located in remote rural areas along the St. Johns River. These areas are used for launching and/or storing boats with areas available for camping (RV sites are included). These areas may also contain single and multi-family dwelling units, hotels, bait shops, restaurants, and gas stations. The following goals, objectives, and policies are applicable to this request: 1.3.1.1 Nonresidential development may be permitted within rural areas provided it

meets the appropriate location criteria and the following standards:

a. Commercial uses should contain retail and personal services intended to primarily serve the immediate population, but may allow uses that cater to visitors to Volusia County;

b. The amount of commercial development appropriate for any rural

area should be relative to the population being served and the character of the community but should not exceed a thirty-five percent Floor Area Ratio (0.35 FAR);

c. Commercial uses should be concentrated at the center of activity in

a cluster and preferably at the intersection of major roadways; and,

d. Industrial uses should not disrupt the rural lifestyle in the community by not generating excessive noise, fumes, traffic, wastes/pollution or consuming inordinate amounts of ground water. In addition, industrial uses shall not be located within Rural Recreation areas.

1.3.1.2 Business uses as outlined under the Commercial designation and

appropriate rural oriented recreational uses, excavations, and disposal operations that need a Special Exception may be permitted in non-urban areas within the following guidelines:

a. Size of parcel should not exceed 5 acres, unless the use can be

specifically related to agricultural support such as sawmills or processing, packaging, storage, and shipping of agricultural

Page 6 of 43

Page 7: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

products, rural oriented recreational use, or is a disposal or extraction oriented use. A Floor Area Ratio of up to thirty-five percent (0.35 FAR) will apply unless the use is specifically related to agricultural support or is a disposal or extraction oriented use;

b. Uses must be located on major roadways or intersections with major

roadways and not be allowed to locate on local or unpaved roads;

c. Signage shall comply with Section 821.09, Thoroughfare Overlay Zone regulations from the Zoning Ordinance 80-8, as amended; and

d. Business uses shall not disrupt the rural lifestyle by being compatible

with the area's rural character (does not generate increased traffic, generally serves the local population and agricultural uses, be of single use, low profile, limited square footage format, etc.)

1.3.1.1. Volusia County shall encourage economic development in rural areas by

promoting the following: a. Diversification of agricultural products. b. Promoting tourism and recreational opportunities. c. Allow for current business expansion.

This rezoning application is consistent with the agriculture protection policies of the comprehensive plan. However, this property is uniquely placed adjacent to certain urban-type services and urban-based nonresidential uses that define the area’s character. The proposal is for a nonresidential use that would serve the special storage needs of the immediate population, but also cater to visitors to Volusia County with the intent to further promote tourism and recreational use associated with the St. Johns River. Staff finds this application is consistent with the referenced comprehensive plan policies. (2) Its impact upon the environment or natural resources. The BPUD zoning classification will not have a negative impact upon the environment or natural resources. All future development proposals are subject to the minimum environmental protections established in the land development code as reviewed during site plan review. In addition, the area intended for commercial use is already cleared, and the proposed Preliminary Plan demonstrates that the one-site wetland area shall be protected with the code-prescribed upland buffer. (3) Its impact upon the economy of any affected area. This criterion is not applicable. The property is located in an area containing a mix of single-family residential and commercial properties. (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

Page 7 of 43

Page 8: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

transportation systems. The property will be served by a central water service and private septic tank systems, and lies within the DeLand utility service area. Other government services and systems are not negatively affected. (5) Any changes in circumstances or conditions affecting the area. There have been no substantial land use or zoning changes to the surrounding area. Central utilities have been extended to serve existing recreational uses adjacent to the St. Johns River. (6) Any mistakes in the original classification. There are no mistakes in the property’s zoning classification. (7) Its effect upon the use or value of the affected area. Staff believes that the rezoning does not have the potential to negatively affect the use and value of the area. There are already similar businesses in the area that have been in operation for many years. (8) Its impact upon the public health, welfare, safety or morals. The use is not expected to have any negative impacts on the public health, welfare, safety, or morals of the community.

V. STAFF RECOMMENDATION

Staff recommends forwarding case PUD-18-001, rezoning from the Prime Agriculture/Thoroughfare Overlay Zone (A-1C) and Prime Agriculture (A-1) zoning classifications to the Business Planned Unit Development/Thoroughfare Overlay Zone (BPUDC) and Business Planned Unit Development (BPUD) zoning classifications, to county council for final action with a recommendation of approval, subject to the attached order and resolution.

VI. ATTACHMENTS

• Order and Resolution

• Survey

• Applicant support documents

• Reviewer comments

• Maps

VII. AUTHORITY AND PROCEDURE

Pursuant to Section 72-414, the county council shall hold a public hearing after due public

Page 8 of 43

Page 9: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

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.

Page 9 of 43

Page 10: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 1 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

RESOLUTION 2018-XX

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA

COUNTY, FLORIDA, APPROVING THE DEVELOPMENT

AGREEMENT FOR PUD-18-001 AND AMENDING THE

OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA,

BY CHANGING THE ZONING CLASSIFICATION OF

CERTAIN HEREIN DESCRIBED PROPERTY FROM THE A-1

and A-1C CLASSIFICATIONS TO THE BPUD AND BPUDC

CLASSIFICATIONS; PROVIDING FOR AN EFFECTIVE

DATE.

WHEREAS, the application of Phillip and Kathy Clemmons hereinafter, "Applicant,"

for rezoning was heard by and before the Volusia County Council, Volusia County, Florida,

on ___________________. Based upon the verified Application and other supporting

documents, maps, charts, overlays, other evidence and instruments; the advice, report,

and recommendations of the Growth and Resource Management Department, Legal

Department, and other Departments and agencies of Volusia County; and the testimony

adduced and evidence received at the Public Hearing on this Application by the Planning

and Land Development Regulation Commission on February 15, 2018, and otherwise

being fully advised, the Volusia County Council does hereby find and determine as follows:

A. That the application of Phillip and Kathy Clemmons was duly and properly

filed herein on October 11, 2017, as required by law.

B. That the Applicant has applied for a change of zoning from the A-1 and A-1C

zoning classifications to BPUD and BPUDC zoning classifications for the parcel described

in Exhibit “A” to the Development Agreement for Case No. PUD-18-001.

C. That all fees and costs that are by law, regulation, or ordinance required to be

borne and paid by the applicant have been paid.

D. That the applicant is the Owner or authorized representative of the Owner of

Page 10 of 43

Page 11: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 2 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

a 7.25-acre parcel of land, which is situated in Volusia County. This parcel of land is

described more particularly in the property survey and legal description, a true copy of

which is attached as Exhibit "A" to the Development Agreement for Case No. PUD-18-001.

E. That the Applicant has held a pre-application meeting as required by Chapter

72, County Code of Ordinances, as amended.

F. That the Applicant has complied with the "Due Public Notice" requirements of

Chapter 72, County Code of Ordinances, as amended.

G. That the said rezoning to BPUD AND BPUDC is consistent with both the

Volusia County Comprehensive Plan and the intent and purpose of the Zoning Ordinance

of Volusia County, Florida (“zoning code”), as codified in article II of Chapter 72, Code of

Ordinances, and does promote the public health, safety, morals, general welfare and

orderly growth of the area affected by the rezoning request.

H. That the owners of the property, Phillip and Kathy Clemmons, agree with the

provisions of the Development Agreement, which is attached hereto as Exhibit “1.”

Page 11 of 43

Page 12: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 3 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF

VOLUSIA COUNTY, FLORIDA, IN AN OPEN MEETING DULY ASSEMBLED IN THE

THOMAS C. KELLY COUNTY ADMINISTRATION BUILDING, COUNTY COUNCIL

MEETING ROOM, DELAND, FLORIDA, THIS ______ DAY OF ____________________,

A.D., _____, AS FOLLOWS:

A. That the Application of Phillip and Kathy Clemmons for the rezoning of the

subject parcel is hereby granted.

B. That the zoning classification of the subject parcel described in Exhibit "A" to

the Development Agreement is hereby amended from the A-1 and A-1C zoning

classifications to BPUD and BPUDC zoning classifications as described in zoning code.

C. That the Official Zoning Map of Volusia County is hereby amended to show

the rezoning of said parcel to BPUD and BPUDC.

D. With respect to any conflict between the zoning code and this Resolution or

the attached Agreement, the provisions of this Resolution and Development Agreement

shall govern. The zoning code shall govern with respect to any matter not covered by this

Resolution or the Development Agreement. The Volusia County Zoning Enforcement

Official will ensure compliance with this Resolution and the Development Agreement.

E. Unless otherwise provided in paragraph D, nothing in this Resolution or the

Development Agreement shall abridge the requirements of the Code of Ordinances,

County of Volusia. Timing and review procedures contained in this Resolution and the

Development Agreement may be modified to comply with the Land Development Code of

Volusia County, Florida, as codified in article III of Chapter 72, Code of Ordinances, County

of Volusia (“land development code”).

Page 12 of 43

Page 13: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 4 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

EFFECTIVE DATE. This resolution shall take effect immediately upon adoption

by the council.

DONE AND ORDERED IN OPEN MEETING. COUNTY COUNCIL ATTEST: COUNTY OF VOLUSIA, FLORIDA ______________________________ James T. Dinneen, County Manager Ed Kelly, County Chair

Page 13 of 43

Page 14: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 5 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

EXHIBIT “1”

ST. JOHNS RIVER RV STORAGE DEVELOPMENT AGREEMENT

Case No. PUD-18-001

A. Development Concept. The property shall be developed as a BPUDC and

BPUD zoned property substantially in accordance with the Master Development Plan. The

Master Development Plan shall govern the development of the property as a BPUDC and

BPUD and shall regulate the future use of this parcel. The project area consists of

approximately 7.25 acres, which shall be developed as an automobile, mobile recreational

shelters and vehicles, utility trailers, watercraft and other trailer recreational vehicle storage

facility containing a maximum of 128 enclosed, covered or open units.

1. Master Development Plan. The Master Development Plan shall consist

of the Preliminary Plan prepared by Bechtol Engineering and Testing, Inc., dated

November 27, 2017 and this Development Agreement (hereinafter “Agreement”). The

Preliminary Plan is hereby approved and incorporated in this Agreement by reference as

Exhibit "B.” The Master Development Plan shall be filed and retained for public inspection

in the Growth and Resource Management Department and shall constitute a supplement to

the Official Zoning Map of Volusia County.

2. Amendments. All amendments of the Master Development Plan, other

than those deemed by the Zoning Enforcement Official's reasonable opinion to be minor

amendments, in accordance with section 72-289 of the zoning code, shall require the

review and recommendation of the Planning and Land Development Regulation

Please return recorded document to:

Volusia County

Growth and Resource Management

123 W. Indiana Ave., Room 202

Deland, FL 32720

Page 14 of 43

Page 15: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 6 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

Commission and action by the Volusia County Council in the same manner as a rezoning

of the parcel.

3. Subdivision Approval. The BPUD does not include a subdivision.

4. Final Site Plan Approval. After the Master Development Plan is

recorded, and prior to issuance of any permits for construction, including clearing and

landfill, the project shall comply with the Final Site Plan Approval Procedures as set forth

by Article III, Division 3, of the land development code, as amended. The first step in the

process is submission of a Conceptual Site Plan application, pursuant to Section 72-

577(c)(1), of the land development code.

B. Unified Ownership. The Applicant, or its successors and/or assigns,

has and shall maintain unified ownership of the subject parcel until after the issuance date

of Final Site Plan Development Order.

C. Phases of Development. The development of the BPUD, as generally

shown on the site plan, shall occur in one (1) phase.

D. Land Uses within the PUD. The development of the parcel shall be

consistent with the uses prescribed for each area within the proposed BPUDC. The

locations and sizes of said land use areas are as generally shown on the Preliminary Plan,

Exhibit B, consistent with the Master Development Plan.

The subject parcel shall be used only for the following uses and their customary

accessory uses or structures:

1. Permitted Uses:

a. General Office and only one single-family dwelling for the owner or

manager of the permitted storage use.

Page 15 of 43

Page 16: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 7 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

b. Vehicle and vessel storage in warehouses and/or in covered or open

storage areas, including recreational vehicles, buses, equipment, boats,

motorcycles, trucks, and automobiles.

c. Mini storage units primarily used for the storage of items related to the

vehicles stored on the property.

d. Such other uses as may be reasonably related to the storage of

vehicles and the care and maintenance of those vehicles, except those uses

expressly prohibited below.

e. All recreational vehicles, buses, equipment, boats, motorcycles,

trucks, and automobiles, parked or stored on the property shall be in

operable condition and shall have a current license tag.

2. Prohibited Uses:

The operation of a junkyard; the sale, servicing, and/or repair of vehicles

and/or vessels or parts or similar commercial land uses are prohibited on the

property at all times. However, servicing and/or repairs performed by the

owners of those vehicles or vessels on their own vehicles or vessels may be

permitted on the subject property.

E. Development Standards.

1. Maximum project area: 7.25 acres

2. Minimum lot width: 623 feet

3. Minimum yard size (building):

a. Front yard: 50 feet

b. Rear yard: 30 feet

Page 16 of 43

Page 17: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 8 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

c. Side yard: 10 feet, unless adjacent to property zoned for residential use then 30 feet

d. Waterfront yard: 35 feet

4. Maximum lot coverage: 30 percent for principal and accessory structures

5. Maximum building height: 35 feet

6. Maximum floor area: 60,000 square feet gross floor area for all storage unit areas; and 800 square feet for an owner or manager dwelling unit

7. Landscape Buffer requirements: Required landscaping shall comply

with the minimum requirements of Sections 72-284 and 72-297 of the zoning code, as

amended, except as otherwise stated in this document. At least 50% of required

landscaping shall be native species that is drought tolerant.

8. Minimum building separation distance 15 feet

9. Off-street parking and loading requirements: Off- street parking and

loading requirements shall be in accordance with the applicable provisions of the zoning

code and land development code, as amended, for both the storage use and the potential

owner/manager residence.

10. Signage requirements: Signs shall comply with applicable requirements

of the zoning code, as amended, including Section 72-298 Sign regulations, and Section

72-303(j) Nonresidential development design standards. However, the one permitted

ground sign shall not exceed 32 square feet of sign copy area, as stated on the Exhibit B”.

11. Nonresidential Development Design Standards: The requirements of

Section 72-303 Nonresidential Development Design Standards of the zoning code, as

Page 17 of 43

Page 18: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 9 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

amended, apply as stated by said Section 72-303, unless otherwise stated by this

document. Based on the large vehicle storage and need for security, the maximum amount

of off-street parking may be allow be located between the designated office area and the

thoroughfare road pursuant to Exhibit “B”, Preliminary Plan.

12. Illumination: To minimize obtrusive aspects of excessive and/or

nuisance outdoor light usage, while preserving safety, security and the nighttime use and

enjoyment of the property, the following apply:

a. The facility will be appropriately lit for the safe storage of RV’s.

b. In no case shall illumination from the property increase the level of

illumination at the property lines by more than half (0.5) fc.

c. All light fixture including wall and surface mounted luminaries shall

be installed and maintained in such a manner that is fully-shielded

down.

e. The illumination plan shall not exceed 70,000 lumens per acre

(average 1.6 fc).

f. Light fixtures shall be decorative in appearance and compliment the

architectural style of the building. Light poles shall not exceed twenty

(20) feet in height.

F. Environmental Considerations. The minimum environmental requirements

of the Code of Ordinances, County of Volusia, as amended, shall be met.

Page 18 of 43

Page 19: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 10 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

G. Sewage Disposal and Potable Water Facilities. Provisions for sewage

disposal and potable water needs of the BPUD will be provided in accordance with the

comprehensive plan, the land development code and Fla. Admin. Code Ann. r. 64E-6.

Potable water shall be provided by the City of DeLand. Sanitary sewer treatment /waste

disposal shall be provided by an onsite septic system. However, connection to a central

system of sanitary sewer service is required when said system is deemed available by the

area service provider and/or the Florida Department of Health.

H. Storm water Drainage. Provision for storm water retention shall be in

accordance with the land development code.

I. Access and Transportation System Improvements. All access and

transportation system improvements shall be provided in accordance with the land

development code. The parcel shall be developed in substantial accordance with the

following access and transportation system improvements:

1. Access. Access to the project site shall be by paved access of State

Road 44 as shown on the site plan. Site access, pedestrian, bicycle and

traffic circulation improvements and access points shall be finally determined

during final site plan review, in accordance with the requirements of the land

development code as may be modified by the Development Review

Committee and/or Volusia County Traffic Engineer as may be necessary to

provide required pedestrian, bicycle, and traffic safety improvements on and

adjacent to the site.

2. Transportation System Improvements. Transportation system

improvements shall be provided as required by the land development code,

Page 19 of 43

Page 20: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 11 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

as determined during final site plan review, as may be modified by the

Development Review Committee and/or Volusia County Traffic Engineer.

J. Internal Driveways. Internal driveway(s) shall be constructed as shown on

the site plan in accordance with the applicable requirements and standards of the land

development code.

K. Fire Protection. The applicant is responsible for providing adequate on site

water supply and other fire protection improvements to serve the project. The design,

capacity, and location of the required water supply and other fire protection improvements

shall be as required by the Volusia County Fire Services office.

L. Building or Property Owners Association. This BPUD will not have a

Building or Property Owner’s Association.

M. Other Requirements.

1. Fencing: The applicant may construct for security purposes, a minimum six

(6)-foot high chain link fence without barbed wire along the property perimeter pursuant to

the zoning code and shown on Exhibit “B”. All chain link fences used on the property shall

be vinyl coated or painted black and all parts must match. Along the south property line,

installation and maintenance of a black colored privacy fence screen or cover shall be

attached to any chain link fence to fully screen the vehicle parking and storage area from

public view from State Road 44.

2. Utility Distribution Lines: All utility distribution lines within the BPUD shall be

located underground; however, those appurtenances requiring aboveground installations,

such as transformers, junction boxes and similar system elements, may be exempted.

Page 20 of 43

Page 21: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 12 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

N. Expiration of Development Agreement. The Applicant shall file a final site

plan or overall development plan within five (5) years from the effective date of this Order

and Resolution. Failure to timely file said final site plan or overall development plan shall

immediately render the development agreement null and void, unless the zoning

enforcement official, for good cause shown, approves a minor amendment to the extend

the time period indicated in this paragraph.

O. Binding Effect of Plans, Recording, and Effective Date. The Master

Development Plan, including any and all supplementary orders and resolutions, and the

Preliminary Plan shall bind and inure to the benefit of the Applicant and his successor in

title or interest. The BPUD zoning, Order and Resolution and all approved plans shall run

with the land.

This Order and Resolution and all subsequent Orders and Resolutions shall be filed

with the Clerk of the Court and recorded within forty-five (45) days following execution of

the document by the Volusia County Council, in the Official Records of Volusia County,

Florida. One copy of the document, bearing the book and page number of the Official

Record in which the document was recorded, shall be submitted to the Growth and

Resource Management Department. The date of receipt of this document by the Growth

and Resource Management Department shall constitute the effective date of this Order

and Resolution and its subsequent amendments. The applicant shall pay all filing costs for

recording documents.

P. Conceptual Approval: The parties hereto acknowledge that reductions in

density and/or intensity may and do occur; and that minor changes to roadway design,

location and size of structures, actual location of parking spaces, specific locations for land

Page 21 of 43

Page 22: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 13 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

uses, and locations and design of stormwater storage, landscape buffers and upland

buffers may result to comply with the land development code. A request for such an

amendment shall be reviewed by the zoning enforcement official and may be processed as

a minor amendment in accordance with section 72-289 of the zoning code. The Applicant

agrees to revise and record the Revised Preliminary Plan which reflects any such changes

with the Clerk of the Court immediately following the expiration of the 30 day period for

appealing Development Review Committee (DRC) decisions to the County Council. A copy

of the Revised Preliminary Plan, bearing the book and page number of the Official Record

in which the document was recorded, shall be submitted to the Growth and Resource

Management Department.

[INTENTIONALLY LEFT BLANK]

Page 22 of 43

Page 23: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 14 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

DONE and ORDERED by the County Council of Volusia County, Florida, this ____

day of __________________, 2018.

ATTEST: VOLUSIA COUNTY COUNCIL

________________________ _____________________________ James T. Dinneen Ed Kelly County Manager Chair

STATE OF FLORIDA

COUNTY OF VOLUSIA

The foregoing instrument was acknowledged before me this _______ day of

______________, 2018, by James T. Dinneen and Ed Kelly, as County

Manager and Chair, Volusia County Council, respectively, on behalf of the

County of Volusia, and who are personally known to me.

_____________________________________ NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name:

_____________________________________

Commission No.:_______________________

My Commission Expires: _________________

Page 23 of 43

Page 24: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 15 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

WITNESSES: OWNER(S): ____________________________ ________________________________ Phillip Clemmons, Owner

______________________________ _______________________________ ________________________________ Kathy Clemmons, Owner _______________________________ State of Florida County of Volusia

The foregoing instrument was acknowledged before me this _______ day of ______________________, 2018 by the owners, Phillip and Kathy Clemmons, who are personally known to me or who have produced ________________ as identification(s).

_____________________________________ NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name:

_____________________________________

Commission No.:_______________________

My Commission Expires: _________________

Page 24 of 43

Page 25: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 16 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

EXHIBIT “A”

Legal Description

PARCEL-2 DESCRIPTION: (WRITTEN)

A PORTION OF GOVERNMENT LOT 4, SECTION 14, TOWNSHIP 17 SOUTH, RANGE 29

EAST, VOLUSIA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS

FOLLOWS:

COMMENCE AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 4; THENCE

SOUTH 80 DEGREES 18 MINUTES 13 SECONDS EAST, ALONG THE NORTH LINE OF SAID

GOVERNMENT LOT 4, A DISTANCE OF 694.17 FEET TO THE POINT OF BEGINNING;

THENCE DEPARTING SAID LINE, SOUTH 13 DEGREES, 22 MINUTES, 22 SECONDS WEST,

A DISTANCE OF 871.83 FEET; THENCE SOUTH 05 DEGREES, 31 MINUTES, 55 SECONDS

EAST, A DISTANCE OF 164.05' FEET, TO A POINT ON A CURVE ON THE NORTHERLY

RIGHT OF WAY LINE OF STATE ROAD 44 AS IT IS NOW CONSTRUCTED; THENCE

ALONG SAID RIGHT OF WAY 623.11 FEET ALONG THE ARC OF A CURVE TO THE

RIGHT, SAID CURVE HAVING A RADIUS OF 11,534.20' FEET, A CENTRAL ANGLE OF 03

DEGREES 05 MINUTES 43 SECONDS, AND A CHORD OF 623.04 FEET WHICH BEARS

NORTH 52 DEGREES 17 MINUTES 46 SECONDS EAST TO A POINT ON SAID CURVE AND

THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4312, PAGE

64; THENCE NORTH 36 DEGREES 09 MINUTES 22 SECONDS WEST, ALONG THE

WESTERLY LINE OF SAID LANDS DEPARTING SAID RIGHT OF WAY AND TANGENT TO

THE CURVE A DISTANCE OF 300.00 FEET TO A POINT ON A CURVE; THENCE 510.07

FEET ALONG THE ARC OF A CURVE TO THE RIGHT, AND ALONG THE NORTHERLY

LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3704, PAGE 4635 AND

OFFICIAL RECORDS BOOK 4312, PAGE 64 SAID CURVE HAVING A RADIUS OF 11,834.20

FEET, A CENTRAL ANGLE OF 2 DEGREES 32 MINUTES 02 SECONDS, AND A CHORD OF

510.03 FEET WHICH BEARS NORTH 54 DEGREES 40 MINUTES AND 45 SECONDS EAST

TO A POINT ON THE NORTH LINE OF GOVERNMENT LOT 4, SECTION 14, TOWNSHIP 17

SOUTH, RANGE 29 EAST; THENCE NORTH 80 DEGREES 18 MINUTES 13 SECONDS

WEST, A DISTANCE OF 554.18 FEET TO THE POINT OF BEGINNING; BEING SUBJECT TO

ANY EASEMENTS OR RIGHTS OF WAY OF RECORD.

CONTAINING 7.25 ACRES MORE OR LESS.

Page 25 of 43

Page 26: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 17 of 17 Resolution No. 2018-___ St. Johns River Storage BPUDC

Page 26 of 43

Page 27: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

Page 27 of 43

ysomers
Typewritten Text
01/03/18 YS
Page 28: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

1

STAFF REVIEW COMMENTS

Meeting Date: November 15, 2017 St. Johns River RV Storage

2018-F-TRS-0029, RSN 894054 CITY OF DELAND - PLANNING Mike Holmes, AICP, Planning Director November 6, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. Clarify the number of living units.

2. The listed prohibited uses should remain in the Development Agreement. * * * * * *

CITY OF DELAND - UTILITIES Jim Ailes, Utilities Director November 6, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. The city has a 12-inch water main on the north side of New York Avenue and a six-

inch water main on the east side of Paradise that can serve this property. We also have a six-inch sewer force main on the north side of New York Avenue that can serve this commercial property.

* * * * * *

Page 28 of 43

Page 29: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

2

CURRENT PLANNING Scott Ashley, AICP, Senior Zoning Manager November 12, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. The proposed project is to develop an automobile, recreational vehicle and boat

storage facility. The subject property has an Agriculture Resource Future Land Use Designation per the Volusia County Comprehensive Plan. This zoning classification does not permit automobile, boat, mobile recreational vehicle and shelter storage as a permitted principal use. The ‘C’ suffix indicates the property is abuts one of the county's designated Thoroughfare Overlay Zone corridors (SR- 44), which dictates compliance with other regulations adjacent to the arterial road in addition to those specific to the Prime Agriculture (A-1) zoning classification. These include standards that address building setback, landscaping, signage and lot coverage.

The development proposal is subject to approval of rezoning case PUD-18-001. The subject property is currently zoned with the Prime Agriculture/Thoroughfare Overlay Zone (A-1C) and Prime Agriculture (A-1), which does not permit the recreational vehicle and watercraft storage use. Because this property has an Agricultural future land use designation, rezoning to a standard commercial zoning classification is not an option per the Matrix for Consistent Zoning Classification with Future Land Use Categories of the Comprehensive Plan. A Planned Unit Development Classification with a Business sub-classification is required to facilitate this proposal. The property owner has submitted an application to rezone the property to BPUD classification, under case PUD-18-001. This application shall be approved by the Volusia County Council prior to the potential issuance of a formal Final plan Site Plan (FSP) development order.

2. A list of thoroughfare overlay zone regulations are contained under Section 72-297,

Article II Zoning, Chapter 72 Code of Ordinances (ZC). 3. Pursuant to the Volusia County Comprehensive Plan, central water and sanitary

sewer services are not required if such service(s) are necessary and available to the property. A potable water or irrigation well is allowed only if the proposed well is approved by the Florida Department of Health.

4. A future final site plan must be designed to comply with the following minimum yard

requirements of the PUD development agreement: Front yard - 75 feet (along SR- 44 frontage); Rear yard - 30 feet (abutting agriculture zoned properties); and Side yard - 10 feet (abutting commercial zoned properties).

Page 29 of 43

Page 30: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

3

5. Section 72-303, of the ZC, Nonresidential development design standards apply to

the proposed development. The final site plans shall provide sufficient site plan drawings and details for staff to determine compliance with the specific county code requirements. As the property is located in a City of DeLand Emerging Gateway Corridor Overlay District, the city’s gateway corridor regulations apply, pursuant to Section 72-303(b)(1), of the ZC. This county provision dictates that lands located within one-mile of a municipality which has adopted gateway/corridor standards shall comply with the gateway/corridor standards of the adjacent municipality. The final site plan (FSP) may be required to meet applicable DeLand Gateway Corridor Overlay District requirements for landscape buffer and signage adjacent to the overlay street frontage. Staff recommends the applicant contact the DeLand Planning Department, at 386-626-7016, for further information and plan coordination.

6. Design the future final site the plan to comply with the display and storage areas

standards of Section 72-303(h)(5), of the ZC. These standards provide that an outdoor storage and vehicle storage areas shall be fully screened from the view of adjacent properties. Fenced areas, such as vehicle storage areas, visible from the public right-of-way shall be screened with vinyl-coated chain link or other decorative fencing material. The area shall be landscaped.

7. A future final site plan submission shall include a required landscape plan, including

required vehicle use landscaping, that complies with the applicable provisions of Section 72-284, of the ZC. Existing trees and vegetation located in the required landscape buffers and vehicle use areas are required to the extent possible, to be used to meet minimum landscaping requirements. The landscape plan shall also provide the minimum buffer, and tree and shrub plantings as listed below:

Buffer Width Minimum Number of Trees and Vegetation Required North 10 feet 6 Group B trees and 18 Group C or D plants per 100 lineal feet

of buffer or fraction thereof (OFT) and a continuous six-foot high visual screen.

South 35 feet 4 Group A and 4 Group B trees/ and 27 Group C or D plants per 100 lineal feet of buffer OFT (adjoining to SR-44) or as required by Section 72-303, of the ZC.

West 10 feet 4 Group a trees and 4 Group B trees and 27 Group C or D plants per 100 lineal feet of buffer OFT and a continuous six-foot high visual screen.

East 10 feet 6 Group B trees and 18 Group C or D plants per 100 lineal feet of buffer OFT and a continuous six-foot high visual screen (adjoining commercial zoned property).

Page 30 of 43

Page 31: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

4

Trees within the south buffer yard shall have a minimum of two-inch caliper and a minimum eight feet in overall height. All other required trees shall be a minimum of one and one-half inch caliper and a minimum height of six feet. No impervious surfaces, other than a driveway that traverses the landscape buffer, parking spaces or structures may be a required buffer area.The above buffer dimensions shall be labeled on the future final site plan.

8. The required landscape plan must provide interior landscaping meeting the

requirements of Sections 72-284(1), 72-284(3), 72-303(g), of the ZC. The minimum depth for parking row end islands that abut one parking space is 17.5 feet each. Landscaped row ends shall have a minimum area of 175 square feet with a minimum inside of curb to inside of curb dimension of ten feet each. Interior landscape islands shall have a minimum area of 175 square feet with a minimum inside of curb to inside of curb dimension of ten feet each. Landscape islands shall include 50-percent shrub coverage, and at least one Group B tree with a minimum height of ten feet and a minimum caliper of 1-1/2 inches and ground cover(s). The amount of interior parking area devoted to landscaping shall be a minimum of 35 square feet of landscaped area for each parking space. Shade trees shall be provided for parked cars at an average ratio of one tree per six cars. Trees shall be planted to provide shade canopy over parked cars (except for cars parked under the proposed canopies).

9. A workable underground irrigation system must be installed to ensure survivability of

the required landscaping materials. Submit a landscape irrigation plan that complies with Section 72-284(4), of the ZC, and the requirements of the Florida Department of Health’s Water Wise Ordinance with the final site plans.

10. Amend plan sheet 1 to include the total number of proposed storage spaces and

room square footage on the property so that staff may verify compliance with county off-street parking requirements. Also, amend plan sheet 1 to state and provide a minimum of five off-street parking spaces (including required handicapped accessible parking space(s)) and one additional parking space per 100 storage units/rooms as required under Section 72-286(5), of the ZC. The project maximum number of parking spaces shall not exceed 125-percent of the minimum spaces required by code. In addition, the PUD development agreement indicates a manager living quarters as a permitted use. A minimum of two parking spaces is required for this proposed dwelling unit.

11. All utilities, including electric and telephone services, shall be installed underground

and comply with Section 72-303(h)(8), of the ZC. 12. At least 30-percent of the site area is to be covered with landscape materials,

pursuant to Section 72-297(e)(2), of the ZC.

Page 31 of 43

Page 32: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

5

13. The off-street parking area shall contain a landscaped fence, wall or berm of

sufficient height and opacity to generally obscure parked vehicles from view of the traveling public along SR-44. All parking areas shall contain a minimum of 20-percent interior landscaping, excluding any required landscaped buffer area per Section 72-297(d), of the ZC.

14. Proposed building elevations and flooring plan drawings must be part of the future

final site plan (FSP) application. Informational: 1. Proposed signs and fences require separate permits and approvals pursuant to

Sections 72-298(13) and 72-282, of the ZC. Prior to the installation of any proposed signage and fences associated with this project, these items shall receive separate reviews and approvals through the County Permit Center.

2. Staff may provide new or modified comments during review of future site plan

applications, subject to additional information and comments from other agencies or county staff.

* * * * * * DEVELOPMENT ENGINEERING Joe Spiller, Civil Engineer II November 10, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments:

1. Pursuant Section 72-777(a), Article III Land Development, Chapter 72 Code of Ordinances (LDC), the proposed development shall require a stormwater management permit.

* * * * * *

Page 32 of 43

Page 33: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

6

ENVIRONMENTAL PERMITTING Keith Abrahamson, Environmental Specialist III November 2, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. Pursuant Section 72-837, of the LDC, 15-percent of the total site shall be designated

for the protection of existing trees. Please demonstrate on the plans that this requirement has been met. The tree preservation areas must be clearly labeled on the plans and/or plat and must be encumbered by legally recorded tree preservation easements. The developer may contact the County Forester at 386-736-5927 for standard easement language.

2. The project must comply with County specimen tree preservation requirements

pursuant to Section 72-843, of the LDC. Specimen trees shall only be removed or relocated in accordance with a permit issued by the County Forester.

3. A tree survey will be required in the project area. All trees at least six inches in

diameter at breast height with specimen and historic trees noted. The tree survey must identify pine and hardwood trees by specific species.

4. A tree removal permit and replacement is required for trees proposed for removal or

for encroachment into tree drip lines (approximated as one foot of radius per inch of tree diameter).

5. Tree removal and replacement calculations must be submitted for all trees at least

six inches in diameter at breast height removed on site. Existing trees between two-inches and six-inches may count toward replacement.

6. Pursuant to Section 72-838, of the LDC, this site must meet the minimum tree

coverage standard of one tree per 2,500 square feet of parcel area (rounded up to the nearest whole tree). Please demonstrate that there are a sufficient number of trees on site to meet this requirement.

7. Tree replacement stock shall have a minimum caliper of two-inches and a height of

at least six-feet.

8. The plans should include a tree protection detail consistent with Section 72-844, of the LDC. The root zone of the tree is approximated by one-foot of radius per inch of tree diameter.

Page 33 of 43

Page 34: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

7

9. Wetlands must be delineated and verified by the state. The wetland delineation must

not be more than five years old. Wetland and buffer boundaries must be located on the plans.

10. A minimum 50-foot upland buffer is required from wetlands. Any encroachment into

wetlands or buffers will require a Wetland Alteration Permit with a mitigation plan and justification for the encroachment. Staff will be looking for avoidance and minimization of impact with no net loss or change in function. County regulations are more stringent than St. Johns River Water Management District.

A more detailed review will be conducted at the time of Final Site Plan application. * * * * * * FIRE SAFETY Chris Weir, Fire Inspector November 7, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. Will need to address proper tenant separation(s) between storage area and single-

family residence per 5th edition of Florida Fire Prevention Code.

2. Identify nearest water supply source for this project. * * * * * * HEALTH Laura Kramer, Septic Program Coordinator DOH/Volusia County Public Health Unit November 7, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. Potable water to be provided by the City of DeLand.

2. Pursuant to Volusia County Land Development Code, connection to the force main

shall be required.

Page 34 of 43

Page 35: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

8

* * * * * *

LAND DEVELOPMENT

Samantha J. West, Land Development Assistant I November 7, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. The subject property is a 22.29-acre parcel created by deed prior to December 18,

2008. The subject parcel complies with the county's subdivision regulations.

2. FEMA Flood Insurance Rate Maps indicate that a portion of the site falls within 100-year floodplain (Flood Zone A; No base flood elevations determined). The project engineer will need to determine the 100-year floodplain elevation and show the limits of the floodplain on the plans. The plans will need to demonstrate that provisions are made for flood free development and access as indicated in Section 72-611(b), of the LDC. Compensating storage will be required for any fill proposed within the 100-year floodplain.

3. Pursuant to Section 72-618(a)(2)b, of the LDC, parking areas and drive aisles are

required to be paved, unless alternative material, such as the use of ground asphalt as proposed, is approved by the Land Development Manager. To use ground asphalt for the parking area and drive aisles, the project engineer will need to demonstrate that the area can accommodate the weight of an emergency and solid waste pick-up vehicle.

4. The current version of this site plan will require Final Site Plan approval, under

Division 3, of the LDC. The first step in the process is submission of a conceptual site plan pursuant to Section 72-577, of the LDC.

5. The proposed project site is labeled as Parcel 2 on the site plan, with Parcel 1 left

vacant and both being a part of the larger parent parcel. The proposed division of the subject parcel will require subdivision approval. The first step in this process is submission of an overall development plan pursuant to Section 72-539, of the LDC.

* * * * * *

Page 35 of 43

Page 36: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

9

SCHOOL BOARD Eric Kozielski, Planning & GIS Specialist November 7, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and has no comment. * * * * * * SURVEY Mark E. McClain, Engineering Assistant November 3, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. Please submit a hard copy of the signed and sealed survey with your Final Site Plan

submittal. * * * * * * TRAFFIC Melissa Winsett, Planner III November 8, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and provides the following comments: 1. The proposed business is called RV Storage. Will boats be stored on site too?

2. At this time, a TIA is not required since the site does not generate 100 or more peak

hour trips. Trip generation will have to be confirmed by the applicant and based on total storage square footage including covered and uncovered storage.

3. Since SR-44 is a high speed road and has a speed limit that is 35 MPH or above, a right turn lane is required based on Section 72-619, of the LDC (beyond what is existing). Plans will need to show a 455-foot right turn lane (including the 50-foot taper) according to Table V1.

Page 36 of 43

Page 37: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

10

4. A streetlight at the driveway is needed for safety and patrons’ ease of access.

5. Please provide a driveway intersection turning movement analysis that shows the directions from which customers will be going and coming. If the site will store boats, we anticipate eastbound left turns associated with motorists returning boats from the St. John’s River area.

6. Please provide auto turn analysis of driveway circulation demonstrating that vehicles (RVs, cars, trucks hauling campers or boats, etc.) are able to safely circulate site and access storage areas.

7. The driveway accesses shall meet the requirements of Section 72-619, of the LDC, for commercial driveways: Commercial driveways must be a minimum of 24 feet wide with minimum 30-foot radii. a. A 36-inch STOP sign, 24-inch wide white thermoplastic stop bar and 25 feet

of six-inch double yellow centerline striping will be required for the driveways.

b. A minimum 25-foot of vehicular stacking must be provided from the right of way line to the first parking stall or interior drive aisle.

c. No driveway shall be located in the radius return of an intersection or within 50 feet of the tangent point of the radius return for an unsignalized intersection.

d. If the closest intersection is or is likely to be signalized, then traffic movements to and from any driveway within 250 feet of an intersection with a collector or arterial shall be limited to right turns only.

8. Pursuant to Table IV, of the LDC, a 125-foot vehicle reservoir area will need to be provided between the FDOT right-of-way and the proposed gate.

9. Pursuant to Section 72-618(a)(3)d, of the LDC, single lane driveways shall be a minimum of 14 feet wide and two lane driveways shall be a minimum of 24 feet wide. Pursuant to Section 72-618(a)(3)c, of the LDC, the minimum distance from a driveway to a structure or property line shall be five feet.

* * * * * *

Page 37 of 43

Page 38: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

11

UTILITIES Scott Mays, P.E., Utilities Engineer November 3, 2017 St. Johns River RV Storage 2018-F-TRS-0029 Staff has reviewed the requested application and has no comment. * * * * * *

Page 38 of 43

Page 39: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

BELINDA DR BELINDA

DR

PADRICK AV

SR 44 (NEW

YORK AV W)

MENARD DR

PARADISE DR

BELINDA DR

LAKE DR

PADRICK AV

PARA

DISE

DR

CANAL RD

CANAL RD

CARN

ETTE

DR

BEL IN

DADR

LI ND A

DR

SR 44 (NEW YORK AV W)

SR 44(NEW YORK AV W)

SHELL RD N

PARA

DISE

DR

SR 44 (NEW YORK AV W)

PINE TREE RD

BELINDA DR

AERIAL 2015 CASE NUMBERPUD-18-001

1"= 400'

REQUEST AREA ±

Page 39 of 43

Page 40: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

W NEW YORK AV

OLD NEW YORK AV

CASE NUMBERREQUEST AREA LOCATION1 " = 1000'

FROM: A-1 AND A-1CTO: BPUD PUD-18-001

±

Page 40 of 43

Page 41: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

SR 44 (NEW YORK AV W)

PARA

DISE

DR

CANAL RD

BELIN

DA D

R

SHELL RD N

LINDA

DR

PINE TREE RD

LAKE DR

MENARD DR

A-1

A-3

R-4

A-1C

A-3C

PCB-4

PR-3

RC B-2C B-4CR-4C

CASE NUMBERPUD-18-0011"= 400'ZONING CLASSIFICATION

REQUEST AREA ±

A-1

COMMERCIALAGRICULTURALPUBLIC

RESIDENTIALRESOURCE CORRIDOR

FROM; A-1 AND A-1CTO: BPUD

Page 41 of 43

Page 42: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

AR

ULI

RLR

C

SR 44 (NEW YORK AV W)

PARA

DISE

DR

BELIN

DA D

R

CANAL RD

SHELL RD N

LINDA

DR

PINE TREE RD

PADRICK AVSHELL RD S

FUTURE LAND USE DESIGNATION CASE NUMBERPUD-18-001

1"= 400'AGRICULTURE RESOURCECONSERVATION

RURAL RECREATIONURBAN LOW INTENSITY FROM: A-1 & A-1C

TO: BPUDC ±

Page 42 of 43

Page 43: PUBLIC HEARING: CASE NO: PUD-18-001...required for a business zoning classification and for property located in a thoroughfare overlay zone: 50 feet in the front, 10 feet on each side

0110

0030

0151

0192

0160

0010

0121

0120

0190

0180

0140

0400

0060

0220

0350

0010

0490

1140

0520

0290

0010

0160

0220

0020

0250

0240

0330

01100090

0780

0290

0260

0130

0060

0110

0670

0430

0010

0260

0050

0170

0010

0830

0040

0290

0360

0090

0730

0240

0850

0640

0610

0020

0180

0260

0190

0810

0210

02300250

0760

0900

0010

0111

0050

00300040

0210

0090

0080

0060

01400070

0200

0550

0190

0160

0390

0470

0310

0140

0410

0370

0180

0220

0230

0010

00500160

0220

0370

0241

01900210

0240

0100

03500040

01000080

0020

0140

0110

0580

04800460

0120

0080

0200

0500

0130

0120

0410

0110

0030

0130

0250

0090

0260

0180

0240

01800160

0140

0200

04300440

0090

0220

0191

0450

0890

0860

0091

0100

0260

SR 44 (NEW YORK AV W)

PARADISE DR

CANAL RD

BELIN

DA D

R

LINDA

DR

SHELL RD N

PINE TREE RD

PADRICK AV

LAKE DR

CASE NUMBERPUD-18-001

1"= 400'

ECO/NRMAECO NRMA REQUEST AREA ±

Page 43 of 43