public hearing: case no: pud-18-092 · deland’s “emerging gateway overlay district” standards...

GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, Florida 32720

(386) 736-5959 PUBLIC HEARING: December 20, 2018 – Planning and Land Development

Regulation Commission (PLDRC) CASE NO: PUD-18-092 SUBJECT: Major Amendment to Resolution 2008-42 (DeLand Good

Capital Group PUD) to allow for a new principal use and structures

LOCATION: 2100 East New York Avenue APPLICANT: Darren J. Elkind, Esq., agent for Vector CC, LLC OWNER: Fifth Third Bank STAFF: Susan Jackson, AICP, Senior Planning Manager I. SUMMARY OF REQUEST The applicant is requesting a major amendment to Resolution 2008-42, DeLand Good Capital Group Business Planned Unit Development, to allow for a ± 7,500-square-foot critical care animal hospital and a 5,000-square-foot office use. The subject property is located at 2100 East New York Avenue (S.R. 44), east of the City of DeLand. The proposed amendment is intended to replace the existing PUD Master Development Plan, approved under case PUD-07-032, in its entirety. If approved, the amendment will establish a new permitted use and development requirements for the 4.1-acre property. Staff Recommendation: Forward the PUD amendment application, case number PUD-18-092, to county council for final action with a recommendation of approval.

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II. SITE INFORMATION

1. Location: 2100 East New York Avenue; southeast corner of S.R. 44 and Kepler Road, DeLand

2. Parcel No: 7011-11-12-0050 3. Property Size: 4.1 acres 4. County Council District: 1 5. Zoning: Business Planned Unit Development (BPUD) 6. FLU Designation: Urban Low Intensity 7. Overlays: Thoroughfare Overlay Zone (C) 8. Adjacent Zoning and Land Use:

9. Maps

ZONING MAP FUTURE LAND USE MAP

Direction Zoning Future Land Use Existing Use

North R-3C Urban Low Intensity Single-family residential

East R-3C Urban Low Intensity

Vacant

South R-3, R-3C Urban Low Intensity

Single-family residential

West BPUDC Urban Low Intensity

Vacant

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III. BACKGROUND AND OVERVIEW On February 21, 2008, the Volusia County Council approved Resolution No. 2008-42, rezoning the subject property from R-3C (Urban Single Family Residential) to Business Planned Unit Development (PUD). The property is within the Thoroughfare Overlay Zone as denoted by the zoning classification suffix “C”. The DeLand Good Capital Group PUD (hereinafter “Good Capital PUD”) allows development of a financial institution with drive-thru service and general office or medical/dental office. The existing development agreement limits the size of individual buildings to a maximum of 5,000 square feet each, for a combined maximum building size of 10,000 square feet. The building size limitation is intended to be compatible with the scale of development allowed by the B-2 (Neighborhood Commercial) zoning classification, which is conditionally compatible with ULI future land use designation. No development activity has taken place on the property in the time since the rezoning to PUD was approved. This application for an amendment to the Good Capital PUD proposes to increase the total building square-footage allowed in the PUD to 12,500 square feet. The proposal includes a 7,500-square-foot building for use as an animal emergency hospital and a 5,000-square-foot building for general or medical/dental use, or for a financial institution without a drive-thru. The subject property is situated in a suburban residential area on the southeast corner of S.R. 44 and Kepler Road, approximately two miles travel distance west of I-4. The property is within the urban service delivery area of the City of DeLand. State Road 44 (New York Avenue) is an arterial road on the county’s thoroughfare system. At the time of the 2008 PUD approval, a single-family dwelling was located on the subject property, along with a former citrus grove. Today the property is vacant and wooded except for the cleared northwest corner.

Staff met with the applicant to discuss amending the PUD to allow for the development of a veterinary emergency and critical care animal hospital. This facility is designed to perform surgery, laboratory work, and on-site hospitalization. The facility does not have

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regular “patients” as a veterinarian office would, and does not provide boarding. This facility is intended to be open to receive small animal emergency patients 24 hours a day, 365 days a year. The proposed PUD major amendment application was submitted on August 6, 2018. The application was reviewed by staff from Volusia County and the City of DeLand. Comments from this review were discussed with the applicant, engineer, and developer at the staff review meeting held on October 11, 2018. The applicant was also provided with advisory development requirements that would need to be addressed on the final site plan application if the major PUD amendment is approved, including tree preservation, site access and circulation, stormwater management, traffic concurrency and mitigation, and signage. Based on staff comments, the development agreement and preliminary site plan were revised and resubmitted, and are the subject of this report.

IV. DEVELOPMENT PROPOSAL

The proposed Master Development Plan (MDP) consists of a written development agreement and a preliminary plan. The MDP, in combination with the County zoning code and land development code, will establish the regulatory framework for the development of the property, if approved. The proposal would replace the existing agreement and preliminary plan for the Good Capital PUD with a new use and site layout. The new concept proposes a total of 12,500 square feet in two buildings. Development of all site infrastructure and a 7,500-square-foot animal hospital is to be constructed in a single phase. An additional 5,000-square-foot building and associated parking may be built with the first phase, or may be built in a later phase. There is also an option to maintain the property all in one lot, or to subdivide the property into two lots, coinciding with the two buildings. The key aspects of the proposed development are described below. MASTER DEVELOPMENT AGREEMENT Uses– The agreement limits the uses of the property to a veterinary hospital, veterinary office without boarding facilities, general and medical/dental offices, and financial institutions without drive-thrus. The overall building square-footage is limited to 12,500 square feet. The veterinary hospital is proposed at 7,500 square feet, and the other use may be up to 5,000 square feet. The agreement prohibits “all uses not specifically permitted,” meaning that no additional uses will be allowed beyond those listed in the agreement. The existing PUD restricted the individual building size to 5,000 square feet in keeping with B-2 zoning requirements for neighborhood convenience uses. The proposed agreement allows the animal hospital building to exceed this limitation by 2,500 square feet. The increased building size is not anticipated to create additional intensity of development due to the nature of the use. Furthermore, it is still is within the size limitations of a neighborhood shopping center, which restricts single uses to no more than 15,000 square feet.

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Minimum front yard setbacks of 50 feet are established from S.R. 44 and Kepler Road, consistent with the requirements of the Thoroughfare Overlay Zone, although the actual setbacks as shown on the preliminary plan are greater than the minimum. The actual setbacks to the existing right-of-way are over 100 feet on S.R. 44 and over 180 feet on Kepler Road. The applicant recognizes the need for roadway widening and intersection improvements and has designed the site to accommodate these future needs. The proposed setbacks are measured from a future right-of-way line in order to accommodate these improvements. Currently, the intersection improvements are proposed to include a roundabout. Approximately 50 feet of additional right-of-way along S.R. 44, 20 feet of additional right-of-way on Kepler Road, plus a corner clip at the intersection for the round-about are needed for these improvements. The proposed development is designed to meet current code requirements after the right-of-way is obtained. The agreement provides for a 35-foot height limit, which is allowed by the Thoroughfare Overlay Zone and Urban Single-Family Residential (R-3) zones nearby. Maximum lot coverage and floor area ratio are limited to 35 percent and 50 percent respectively, as permitted by standard code and comprehensive plan requirements; however, the actual proposed lot coverage and floor area ratio are considerably less, both being calculated at .06 percent. Compliance with Codes – Zoning and development requirements for the property default to county code standards unless specified in the agreement. The agreement defers to county standards regarding the number and design of access points, off-street parking and loading, signage, architectural and site design, environmental protection, water and sewer infrastructure, stormwater drainage, and fire protection. It defers to the City of DeLand’s “Emerging Gateway Overlay District” standards regarding the required 40-foot wide front-yard landscape buffer, ground signage, and sidewalks. Such deference is required by the county’s nonresidential design standards in Section 72-303 for property, “…located within one mile of a municipality which has adopted gateway/corridor standards, within an area served by a municipal utility, or within the urban portion of the designated urban growth boundary area, whichever area is greatest.” Landscape Buffers and Screening – Landscape buffer widths and plantings will comply with county and city requirements. A 40-foot wide buffer is required by the City of DeLand along both road frontages. A 30-foot wide buffer is required by the county abutting the single-family residential zones to the south and east. No building, parking, drive aisles or stormwater retention areas are permitted within these buffers. In addition to landscaping, the county code also requires a six-foot tall hedge, wall, or fence in the buffer adjacent to residential uses. The existing Good Capital PUD specifically required an eight-foot tall brick wall on the south side. The applicant is proposing to match that requirement with an eight-foot tall masonry/stucco wall. The buffers along the east and south boundaries are also marked as tree preservation areas. Architecture – The applicant has provided architectural renderings included as Exhibit “C,” of the Development Agreement as a general depiction of the architectural style. The principal building proposes a prominent corner entrance featuring windowed walls. The

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rendering indicates differentiated colors and textures being used, and varying roof and wall planes. Both buildings are required to look substantially similar, and are required to comply with the county’s nonresidential design standards. Parking Location – Paragraph E.9, Nonresidential Development Design Standards, proposes a modification to the zoning requirement regarding the location of parking for buildings not exceeding 10,000 square feet. Pursuant to section 72-303(g)(9) of the zoning code, no more than 50 percent of the required off-street parking may be located between the front façade of the establishment and the abutting street. The agreement proposes that the parking be located in front of the buildings in order to shift it away from the abutting residential uses on the south side. Further, the agreement permits a maximum of three spaces to encroach into the front landscape buffer in the area adjacent to the future right-of-way corner clip. Staff supports this parking location because the corner clip right-of-way consumes a significant portion of the lot, and because it encourages the parking to be shifted away from the adjacent homes. Illumination – Site illumination requirements are included in the agreement in Paragraph E.12. Illumination standards require all lighting to be shielded and directed downward, to be dimmed 50 percent from 11 p.m. to sunrise unless needed to maintain security lighting, and for all fixtures to be decorative in appearance to compliment the architectural style of the building. Light poles shall not exceed 20 feet in height. Access and Transportation Improvements – Improvements for site access and transportation are described in the agreement under Paragraph I, and they are also depicted on the preliminary plan. The additional right-of-way needed for roadway widening and intersection improvements at S.R. 44 and Kepler Road is shown on the plans. A total of 70 feet of right-of-way from the center line will be needed for future improvements. Additional right-of-way may be required for public safety and convenience, or to assure adequate access, circulation, and to provide turn lanes on public roads. The site will be limited to one access point each on Kepler Road and S.R. 44. Because the intersection improvements are not at final design, whether these access points are full access, or limited to right-in/right-out only, will be determined during the final site plan review stage, subject to the recommendation of the Volusia County Traffic Engineer and in consultation with the Florida Department of Transportation. Turn lanes will be required to be constructed by the developer, the length of which is also to be determined during final site plan review. The agreement also requires a cross-access easement to be provided to the property to the east at the time of development, pursuant to the county’s nonresidential design standards. Sidewalks shall be governed by the City of DeLand’s gateway corridor standards. Expiration – Pursuant to Paragraph M, the owner, or his successors and assigns, shall apply for final site plan approval within five years from the effective date of the PUD amendment order and resolution. If this condition is not met, the agreement expires and becomes null and void. This paragraph further provides for the zoning enforcement

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official to extend this deadline for good cause through the minor PUD amendment process. PRELIMINARY PLAN Site Layout and Parking – The preliminary plan shows the proposed conceptual site layout. Two building pads are shown indicating a 7,500-square-foot building and a 5,000-square-foot building. As can be seen on the plan, the future right-of-way needs for the intersection improvements consume a large portion of the property frontage on S.R. 44 and Kepler Roads. The future corner clip area pushes the development towards the eastern side of the property and the future S.R. 44 right-of-way pushes the building and parking area southward approximately 40 additional feet, toward the adjacent residential uses. A total of 38 standard and handicapped-accessible parking spaces are provided. A front two-way drive aisle and a rear two-way drive aisle provide access to the parking spaces. Stormwater retention is provided on the east side of the site. The plan shows a phase line around the building pad and parking area for the 5,000-square-foot building. The development agreement proposes an option to construct the site within one phase, or allow the second building and associated parking to be built in a second phase. All other infrastructure and site improvements, including the entire landscape buffer, will be built in the initial 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 preliminary plan is conceptual in nature and does not constitute Final Site Plan approval. Pursuant to the zoning code, a detailed review of the development will take place during a final site plan review process to ensure compliance with applicable sections of Chapter 72 of the county code, including but not limited to concurrency, landscaping, and tree preservation, and stormwater management. 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

Although the zoning classification itself is not changing, the proposed PUD amendment will replace the approved development agreement and establish a new set of uses and development requirements. For this reason, the request has been reviewed according to the same criteria as a rezoning. Section 72-414(e) of the zoning code includes the following criteria for review of rezoning applications:

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(1) Whether it is consistent with all adopted elements of the comprehensive plan. FUTURE LAND USE ELEMENT The Urban Low Intensity future land use designation is described in the comprehensive plan as follows:

Urban Low Intensity (ULI) – Areas for low density residential dwelling units with a range of two-tenths (0.2) to four (4) dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities. This residential designation is generally characterized by single-family type housing, e.g., single-family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses (see Shopping Center definition in Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial intensity shall be limited to no more than a 50 percent Floor Area Ratio (0.50 FAR) and in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should be oriented to serve adjacent neighborhoods, reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided through the PUD process when adjacent to low density residential in order to preserve the character of the neighborhood. More intensive neighborhood commercial use shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one-quarter (¼) mile of another jurisdiction shall require notification to that jurisdiction.

According to the Future Land Use/Zoning Consistency Matrix, the BPUD zoning classification is generally assumed compatible with the ULI future land use designation. The following Future Land Use Element policies are also generally applicable:

1.1.3.1 Future urban development requiring access or connection to public facilities shall be located within designated urban areas.

1.1.3.9 New commercial development outside of commercially designated areas on

the Future Land Use Map should be limited in scale and intensity in order to be compatible with the surrounding area. In predominantly residential areas, compatibility will be judged in relation to the type of use, landscaping, building size, setbacks, and traffic patterns.

1.3.1.11 Commercial development shall use vegetative buffers and visual screens

to minimize the negative impacts on surrounding residential uses. Existing commercial operations where adverse impacts have been documented

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shall be required to address the need for buffers or other visual screening if a change or enlargement of use is requested.

The proposed amendment appears to be consistent with the description of the ULI designation, with the exception of the size limitation for neighborhood convenience uses. The definition limits the maximum size of any one use to 5,000 square feet and the total gross leasable area to 8,500 square feet. However, the existing PUD allows up to 10,000 square feet. The proposed development is 12,500 square feet, which is 2,500 square feet larger than the existing PUD. This proposal may be more akin to a neighborhood business area. The definition for neighborhood business area allows a larger development; however, no one use can exceed 15,000 square feet. It allows convenience goods and services, and specialty stores. Regardless of which definition of shopping center is most appropriate, the size and intensity of the use is significantly less than the floor area ratio (FAR) allowed for commercial uses in the ULI designation. ULI allows a 0.5 FAR. The proposed plan anticipates developing at only 0.06 FAR. Furthermore, the proposed development includes a 7,500-square-foot building specifically for the critical care animal hospital. Given the nature of the use, it is not anticipated to be equivalent in intensity to a normal convenience use. Therefore, the additional size of the single use is inconsequential.

(2) Its impact upon the environment or natural resources. The site is not located in an environmentally sensitive area. GIS mapping data does not indicate the presence of wetlands. It is not within any flood risk zones, and is not within any environmental protection overlay zones. However, the soils and vegetation are considered moderately suitable habitat for gopher tortoises, which means additional inspections must be conducted prior to development. If gopher tortoises are found on site, the developer must comply with state and county regulations regarding permits for relocation or incidental taking. Tree protection requirements must be followed with the site development application. (3) Its impact upon the economy of any affected area. As a new commercial use, the amendment is expected to increase economic activity in the affected area. (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 transportation systems. Water and Sewer – The property lies within the DeLand utility service area. According to the City of DeLand Public Utilities Department, potable water service is currently available on the west side of Kepler Road and will be required to be extended to the site. The closest sanitary sewer connections are at Lakeview Drive/Voorhis Avenue approximately

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0.6 miles to the west, as well as Kepler Road/Beresford Avenue, approximately 0.7 miles to the south. The city does not consider sewer service to be readily available at that distance. Therefore the developer will not be required to extend it to the property at this time. However, the development will be required to connect to the sewer system, if or when the lines are extended to the property. Transportation – Based on the Traffic Engineering staff’s review of the theoretical maximum impact of the proposed PUD versus the existing PUD, a slight net increase in pm peak hour trips is anticipated with the change in use to a veterinary hospital and a bank without a drive-thru. During the final site plan review phase, mitigation will be required to address project trip impacts on adjacent roadways and intersections deemed over-capacity in the buildout year. Typically, when mitigation is required, the proportionate share monetary amount is calculated for proposed trips that impact failing roadways. The developer is then required to construct improvements equal in amount that would benefit the nearby area or make a proportionate fair share payment. Dedication of right-of-way will be considered for addressing mitigation. The development agreement and conceptual plan do not include specific details on turn lane and access details because the roadway improvements and intersection design are not yet finalized by the Florida Department of Transportation. Development will have to follow the Transportation Planning Organization (TPO) traffic impact analysis guidelines during final site plan review, and final details on turn lanes and access restrictions shall be determined at that time. Please see Transportation Engineering’s comments, attached. Schools, Stormwater, Solid Waste, and Emergency Services – As a nonresidential use, the proposed PUD amendment will not affect school capacity. Sufficient room exists on the property to comply with stormwater drainage requirements pursuant to the county land development code. Fire, police, and solid waste collection services are available to the property. (5) Any changes in circumstances or conditions affecting the area. Since the Good Capital PUD was approved in 2008, the subject property has remained vacant and undeveloped, as has the vacant property on the southwest corner of the intersection. The existing single-family homes are unchanged since that time, as well. On December 7, 2017, the county council approved a rezoning application for the northwest corner of the S.R. 44/Kepler Road intersection to allow Circle K to redevelop the existing BP/Kangaroo convenience store and gas pumps. The application rezoned the property from B-2C and A-3C to PUD, to allow a new, larger convenience store with up to 20 fueling positions, and a car wash. Council approved the rezoning and the project is now completing site plan review and anticipated to begin construction in early 2019.

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(6) Any mistakes in the original classification. There are no mistakes in the property’s current zoning classification. (7) Its effect upon the use or value of the affected area. If approved, the requested PUD amendment will allow the development of a critical care animal hospital in the DeLand area. Other uses in the PUD will remain essentially unchanged. Once developed, the value of the now-vacant property is expected to increase. (8) Its impact upon the public health, welfare, safety, or morals. The proposed development will meet or exceed all code requirements. Moreover, subject to the applicant volunteering to accommodate future right-of-way needs on this plan, it will facilitate improved functionality of a critical intersection. Development of the proposed PUD will have no negative impact on the public health, welfare, safety or morals. VI. STAFF RECOMMENDATION Staff finds the proposed PUD amendment application is consistent with the Volusia County comprehensive plan, zoning code and land development code. The site layout shown conceptually on the preliminary plan appears capable of meeting the on-site development requirements. Therefore, staff recommends the following: Forward the PUD amendment application, case number PUD-18-092, to county council for final action with a recommendation of approval, subject to the following conditions:

1. Approval is based on the conceptual design as depicted on the Preliminary Plan, prepared by Zev Cohen and Associates, Inc., dated 11/18/18, referenced as Exhibit “B” of the PUD Development Agreement, and the Exterior Elevations, referenced as Exhibit “C” of the PUD Development Agreement.

2. Final design of land and structures shall be subject to modifications as required to comply with the Volusia County zoning code and land development code during the final site plan review process, including access and roadway improvements as required by the county Transportation Engineer and to meet transportation concurrency requirements.

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VII. ATTACHMENTS

Resolution and Development Agreement Survey Res. No. 2008-42, Good Capital PUD Traffic Engineering Staff Memorandum Site Photographs Map Exhibits

VIII. AUTHORITY AND PROCEDURE Pursuant to Section 72-414, the county council shall hold a public hearing after due public 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.

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of 20 Resolution No. __________

Animal Emergency Critical Care DeLand BPUD

RESOLUTION 2019-

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, APPROVING CASE # PUD-18-092 AND AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM THE DELAND GOOD CAPITAL GROUP BPUD TO THE ANIMAL EMERGENCY CRITICAL CARE DELAND PUD; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the application of Vector CC, LLC 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 December 20, 2018, and otherwise

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

A. That the application of Vector CC, LLC was duly and properly filed herein

on August 6, 2018, as required by law.

B. That the Applicant has applied for a change of zoning from the DeLand Good

Capital Group Business Planned Unit Development (BPUD) to the Animal Emergency

Critical Care DeLand Planned Unit Development (PUD) for the parcel described in Exhibit

“A” to the Development Agreement for Case # PUD-18-092.

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.

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D. That the applicant is an authorized representative of the Owner of a 4.1-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 # PUD-18-092.

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 Animal Emergency Critical Care Deland PUD 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 owner of the property, Fifth Third Bank, agrees with the provisions of

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

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., 2019, AS

FOLLOWS:

A. That the Application of Vector CC, LLC for the rezoning of the subject parcel

is hereby granted.

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

the Development Agreement is hereby amended from the DeLand Good Capital Group

BPUD to the Animal Emergency Critical Care DeLand PUD 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 the Animal Emergency Critical Care DeLand PUD. Said

parcel is within the thoroughfare overlay zone and shall maintain the suffix “C” to the

amended zoning classification.

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”).

EFFECTIVE DATE. This resolution shall take effect immediately upon adoption

by the council.

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DONE AND ORDERED IN OPEN MEETING.

COUNTY COUNCIL ATTEST: COUNTY OF VOLUSIA, FLORIDA

______________________________ George Recktenwald, Ed Kelley, County ChairInterim County Manager

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EXHIBIT “1”

AMENDED DEVELOPMENT AGREEMENT – CASE PUD-18-092 (The Development Agreement Recorded at Official Records Book 6242, 81 of the Public Records

of Volusia County is replaced in its entirety with the following)

A. Development Concept. The property shall be developed as a PUD

substantially in accordance with the Master Development Plan. The Master Development

Plan shall govern the development of the property as a PUD and shall regulate the future

use of this parcel.

1. Master Development Plan. The Master Development Plan shall

consist of the Preliminary Plan prepared by Zev Cohen & Associates, dated last revised on

November 19, 2018 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

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

the parcel.

Please return recorded document to:

Volusia County Growth and Resource Management 123 W. Indiana Ave., Room 202 Deland, FL 32720

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3. Subdivision Approval. The Applicant may choose to subdivide the

property after re-zoning or proceed straight to site plan approval. The Preliminary Plan

reflects the proposed subdivision line. After the Master Development Plan is recorded, if

the applicant chooses to subdivide the property, applications for an Overall Development

Plan and subsequent Preliminary Plat and Final Plat of the area to be subdivided shall be

submitted for review and approval in the manner required by Division 2 of the Land

Development Code, as amended.

4. Final Site Plan Approval. After the Preliminary Plan is recorded, and

prior to issuance of any permits for construction, including clearing and landfill, a Final Site

Plan shall be prepared and submitted for review and approval in the manner required by

the land development code, as amended. The Preliminary Plan, attached as Exhibit B,

meets the minimum submittal requirements of a Conceptual Site Plan application in

accordance with land development code. Therefore, the MDP shall be in-lieu of a

Conceptual Site Plan application, and the owner/developer is authorized to proceed with

submittal of a Final Site Plan application once this Order and Resolution has been

recorded.

B. Unified Ownership. The Applicant or his successors 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 PUD, as shown on the

Preliminary Plan, shall occur in either one or two phases.

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

with the uses prescribed for each area within the proposed PUD. The locations and sizes

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of said land use areas are 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:

Veterinary hospital

Veterinary office (without boarding facilities)

General offices

Medical/Dental offices

Financial institutions (without drive-thru)

2. Prohibited Uses: All uses that are not specifically permitted are

prohibited.

E. Development Standards.

1. Minimum lot area (after right-of-way dedication): .71 acres

2. Minimum lot width on SR 44 (after right-of-way dedication): 150 feet

3. Minimum building setbacks: The Preliminary Plan shows a set aside of

land for future right-of-way along S.R. 44 and South Kepler Road for a proposed future

intersection improvement. The setbacks shall be measured from the proposed right-of-way

line shown in the Preliminary Plan. If the Florida Department of Transportation requires

less of the property for right-of-way, setbacks may be adjusted to be measured from the

new right-of-way line if site plan approval has not already been obtained. Rear setbacks

shall be measured from the rear property line, regardless of internal lot lines.

a. Front yard (State Road 44) 50 feet

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Front yard (Kepler Road) 50 feet

b. Side yard (South property line) 30 feet

Side yard (East property line) 25 feet

Side yard (internal) 10 feet

4. Maximum lot coverage: 35%

5. Maximum building height: 35 feet

6. Maximum Floor Area Ratio (entire site): 0.50 FAR

7. Landscape Buffer requirements: Required landscaping shall comply

with the minimum requirements of Section 72-284 of the Zoning Code, as amended, except

as otherwise stated in this document. The front landscape buffer on S.R. 44 and Kepler

Road shall comply with the City of DeLand’s Emerging Gateway Overlay District standards.

At least 50% of required landscaping shall be native species that are drought tolerant. All

perimeter landscape buffers over all lots shall be installed during phase 1 construction.

a. Landscape Buffer along S.R. 44: 40 feet (except for the

encroachment for the parking area as shown on Preliminary Plan)

b. Landscape Buffer along S. Kepler Rd.: 40 feet

c. Landscape Buffer along southern boundary: 30 feet

In addition to the required landscape material, the southern landscape

buffer shall include an 8-foot high concrete block wall with stucco, to

be located on the inside of the buffer so that the landscaping material

is exterior to the wall. This buffer shall also serve as a tree

preservation area.

d. Landscape Buffer along eastern boundary: 40 feet

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This buffer shall also serve as a tree preservation area.

e. Internal buffers. There shall be no required internal landscape

buffers between lots.

All landscape buffers may also be used as tree preservation areas.

8. Minimum building separation distance 20 feet

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

loading requirements shall be in accordance with Section 72-286 of the zoning code, as

amended. Parking spaces may be permitted as shown on the Preliminary Plan, located in

the front of the buildings in excess of the maximum allowed by the zoning code and/or land

development code in order to keep parking located further away from the residential

development to the south. A maximum of three parking spaces, or portions thereof, are

permitted to encroach into the 40-foot landscape buffer along S.R. 44 as shown on the

Preliminary Plan, subject to all required landscape material being planted within said buffer.

10. Signage requirements: Signs shall comply with the Applicable

requirements of the zoning code, as amended, including Section 72-297(j) Thoroughfare

Overlay Zone Regulations, Section 72-298 Sign Regulations, and Section 72-303(j)

Nonresidential development design standards unless otherwise stated by this document.

The City of DeLand’s Emerging Gateway Overlay District standards shall apply regarding

the type, height and size of any ground sign(s).

11. Nonresidential Development Design Standards: The requirements of

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

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

document. The buildings shall generally comply with the architectural drawings attached as

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Exhibit “C” and both buildings will look substantially similar in terms of architectural style.

Final determination of compliance with section 72-303 shall occur during final site plan

approval.

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. A signed and sealed illumination plan and details shall be submitted

with the Final Site Plan application.

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

illumination at the property lines by more than half (0.5) foot candle

(fc).

c. All light fixtures including wall and surface mounted luminaries shall be

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

d. Curfew: all external lighting shall be reduced by 50% after 11 p.m.

until sunrise unless the facility is required to maintain security lighting

for late night business hours pursuant to section 26-36 of the Volusia

County Code of Ordinances.

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

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

Chapter 72 of the Code of Ordinances, County of Volusia, as amended, shall be met.

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G. Sewage Disposal and Potable Water Facilities. In accordance with the

Volusia County Comprehensive Plan, provisions for sewage disposal shall be met through

the installation of an on-site septic system. Connection to the City of DeLand central

sanitary sewer system shall be required when said system is available, as defined by

Section 381.0065(2)(a), Florida Statute. Potable water shall be provided by the City of

DeLand pursuant to the city’s standard utility service agreement.

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

accordance with the land development code. Should the property be subdivided

easements for stormwater drainage shall be provided between each lot.

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 property shall be as generally depicted on the

Conceptual Plan and may be limited to one access point onto Kepler Road

and one access point onto S.R. 44. Should the property be subdivided, no

additional access points shall be permitted, and easements for cross access

shall be provided between each lot. Final site access, pedestrian, bicycle

and traffic circulation improvements and access points shall be determined

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

development code and zoning 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

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improvements on and adjacent to the site. The City of DeLand’s gateway

corridor standards shall apply regarding sidewalks.

The developer shall provide a cross access easement to the adjoining

property to the east at the time of final site plan approval. The general

location of the easement is located on the Preliminary Plan.

2. Transportation System Improvements. Transportation system

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

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

Development Review Committee and/or Volusia County Traffic Engineer.

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

water supply and other fire protection improvements to serve the PUD 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 Marshall’s office.

K. Building or Property Owners Association. Should a property owners association

be created, a charter and by-laws for such Association, and any other agreements,

covenants, easements or restrictions shall be furnished to the County of Volusia at the time

of creation. The Applicant shall be responsible for recording said information in the Public

Records of Volusia County, Florida. In addition, the Applicant shall bear and pay all costs

for recording all of the aforementioned documents.

With respect to the enforcement of said agreements, covenants, easements or

restrictions entered into between the Applicant and the owners or occupiers of property

within the PUD, the County of Volusia shall only enforce the provisions of the "Development

Agreement" and Volusia County zoning code, as amended, whichever is applicable, and

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not the private agreements entered into between the aforementioned parties.

L. Other Requirements. No special requirements for this PUD are anticipated.

M. 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.

N. 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 PUD 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.

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

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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

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.

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

day of __________________, 2019.

ATTEST: VOLUSIA COUNTY COUNCIL

________________________ _____________________________ George Recktenwald, Ed Kelley, County ChairInterim County Manager

STATE OF FLORIDA

COUNTY OF VOLUSIA

The foregoing instrument was acknowledged before me this _______ day of

______________, 2019, by George Recktenwald and Ed Kelley, as Interim 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:_________________

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WITNESSES: OWNER(S): Vector CC, LLC

____________________________ By:________________________________

______________________________

State of Florida County of Volusia

The foregoing instrument was acknowledged before me this ___ day of

______________________, 2019 by ____________________________ who is the

____________ of Vector CC, LLC and who is personally known to me or who has

produced ________________ as identification.

_____________________________________NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name:

_____________________________________

Commission No.:_______________________

My Commission Expires:_________________

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EXHIBIT “A”

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EXHIBIT “B”

Preliminary Plan

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Exhibit “C” Architectural Renderings

View of northwest corner of primary building (facing S.R. 44/Kepler Road intersection)

View of west side of building (facing Kepler Road side)

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View of north side of building (facing S.R. 44)

View of south side of building (adjacent residential area)

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Site Photos

Subject property, looking south from SR 44

Subject property, looking southeast from SR 44/Kepler Rd. intersection

Existing BP/Kangaroo convenience store, NW corner of SR 44/Kepler Rd.

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SR 44/Kepler Rd. intersection, looking east

SR 44/Kepler Rd. intersection, looking south

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SR 44/Kepler Rd. intersection, looking west

SR 44/Kepler Rd. intersection, looking north

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LAK

EHA

MM

OC

K

LAKECHA

RLES

LAK

EW

INN

EM

ISS

ET T

LAK EDIAMO ND

BLU

ELA

KE D

E

LEON DR

INTE

RLAK

E AV

LAKECHARLES RD

CR 4106(VOORHIS AV E)

BU ENAVISTA DR

JACK

SON

AV

SR 44 (NEWYORK AV E)

CR41

01(K

EPLE

RRD

S)

DAVIS AV

EAU CLAIRE AV

BRUNERCT

OAK LN

SONNYOPAL LN

SIES

TA C

T

OR

AN

GE

ST

GEORGEST E

LAKEWINNEMISSE T T

DR

LAK

E AV

ROCCO LN

LE AF

CIR

FOR

EST

LN

TALI

SMA

N L

N

CR 4096 (MINNESOTA AV E)

RID

GE

BLV

D

CR

4101 (KEPLER

RD

N)

TALMADGEGARDENS RD

UV44

PROPERTY LOCATIONPUD-18-092

I 8/23/20181 " = 1,000 'SUBJECT PROPERTY

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LA KE

CHA RL ESRD

EAU CLAIRE AV

CR4101

(KEPLERRD

S)

SR 44 (NEW YORK AV E)

OAK LN

ROCCO LN

GEORGE ST E

LAKE

WINNEMISS ETT

DR

TALI

SMA

N L

N

CR

4101 (KEPLER

RD

N)

UV44

AERIALPUD-18-092

IMAGE DATE 2015SUBJECT PROPERTY I 8/23/20181 " = 400 '

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R-4

R-4C BPUDC

A-3C

R-3

R-3C

RRA

A-3

A-3A

R-3A

BPUDC

BPUDC

A-3

R-3

R-3C

A-3

A-3C

LAK

EW

INN

EM

ISS

ETT

LA KE

CHA RL ESRD

EAUCLAIRE AV

CR4101

(KEPLERRD

S)


OAK LN

ROCCO LN

GEORGEST E

LAKE

WINN

EMISSETT

DR

TALI

SMA

N L

N

CR

4101 (KEPLER

RD

N)

DELAND

UV44

ZONING CLASSIFICATIONPUD-18-092

I 8/23/20181 " = 400 '

COMMERCIAL

RESIDENTIAL

INCORPORATED

AGRICULTURAL

SUBJECT PROPERTY

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LAK

EW

INN

EM

ISS

ETT

LA KE

CHA RL ESRD

EAU CLAIRE AV

CR4101

(KEPLERRD

S)


OAK LN

ROCCO LN

GEORGE ST E

LAKE

WINNEMISS ETT

DR

TALI

SMA

N L

N

CR

4101 (KEPLER

RD

N)

DELAND

ULI

UV44

FUTURE LAND USEPUD-18-092

I 8/23/20181 " = 400 '

INCORPORATED

URBAN LOW INTENSITY

WATER

SUBJECT PROPERTY

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DELAND

LAK

EW

INN

EM

ISS

ETT

LA KE

CHA RL ESRD

EAU CLAIRE AV

CR4101

(KEPLERRD

S)


OAK LN

ROCCO LN

GEORGE ST E

LAKE

WINNEMISS ETT

DR

TALI

SMA

N L

N

CR

4101 (KEPLER

RD

N)

UV44

ECO/NRMA OVERLAYPUD-18-092

I 8/23/20181 " = 400 '

ECO

NRMA

SUBJECT PROPERTY

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public hearing: case no: pud-18-092 · deland’s “emerging gateway overlay district” standards...

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