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Inter-Office Memorandum

TO: Development Review Committee DATE: December 1, 2017

FROM: John G. Thomson, AICP Land Development Manager

SUBJECT: DRC Meeting Date: December 5, 2017 Final Site Plan Application Shell Harbor Marine Park 2018-F-FSP-0043, RSN 895509 This is a Final Site Plan application for a public boat launch facility with the associated paved parking and stormwater improvements on a 5.06-acre site. The property is located at the northwest terminus of Shell Harbor Road, on the east side of Lake George, in the Pierson area. The zoning classification is Urban Single-Family Residential (R-3) and the Comprehensive Plan Future Land Use Map designation is Rural Recreation (RLR). Potable water is provided by an onsite well and wastewater treatment by an onsite septic system. The proposed project site consists of 17 lots within Shell Harbor Estates, which were accepted as a donation at the December 19, 2013, county council meeting. The proposed public boat launching facility will provide water access to Lake George and the St. Johns River. The Real Estate Donation Agreement stipulates that the donors, Peter M. Glover and Kevin O’Dwyer, shall participate in the planning of any development of this property. In addition, airboats are not permitted on the subject property and airboats are not permitted to be launched from, or moor at any boat ramp on or adjacent to this property. FEMA Flood Insurance Rate Maps indicate that the entire site falls within the 100-year floodplain (Flood Zone AE), with the base flood elevation established at Elevation 6. Pursuant to Section 72-611(b), of the LDC, proper provisions are required to provide flood free development and vehicular access to building sites. The plans show that the finished elevations for the parking areas and drive aisles will be below the base flood elevation, and utilizing a flood resistant design and construction for the bathroom building. Staff can recommend that the DRC approve the development within these areas as proposed, given the nature of the development as a park that may be closed from time-to-time due to periodic flooding resulting from a major storm event. The access to the park will be from Shell Harbor Road, a publicly dedicated right-of-way within the Shell Harbor Estates subdivision. The plans for the project propose paving a portion of the dirt road section from the entrance to the park to the paved portion of Shell Harbor Road (platted as Harbor

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Court and Hideaway Road). The plans will need to be revised to show that the road construction will occur with the publicly dedicated right-of-way to the terminus of the existing paved segment of this road. The Conceptual Site Plan application for this project was submitted on February 23, 2017. The Final Site Plan application for this project was submitted on November 15, 2017, and staff scheduled the application for consideration by the Development Review Committee (DRC) at its meeting of December 5, 2017.

Summary:

1. Revise the plans to address call-out, parking space, and parking symbol discrepancies.

2. Revise the plans to comply with the landscape buffer requirements.

3. Revise the survey to show connection of Harbor Court to Shell Harbor Road. The offsite roadway construction must occur within the platted right-of-way for the unpaved segment of Harbor Court and Hideaway Road.

4. Provide an overlay of the site plan onto the survey in order to distinguish where the proposed project falls within the platted subdivision.

5. Revise the plans to address outstanding additional seawall and stormwater requirements, including, but not limited to, anchor spacing, backfill ratios, and pipe invert elevation.

6. Revise the plan to comply with tree preservation requirements, correct tree removal/replacement calculations, and provide the appropriate tree protection areas and detail.

7. Revise the plans to separate wetland buffer impacts and wetland impacts.

8. Combine the parcels through the Subdivision Exemption process.

9. Provide an autoturn exhibit with the next plan submittal to ensure that there is sufficient space to safely maneuver within the site.

10. Revise the plans to provide a streetlight at the entrance for nighttime safety and ease of accessibility.

11. Revise the plans to provide signage prohibiting airboats to be on the property.

12. Provide evidence that Peter M. Glover and Kevin O’Dwyer have been consulted in the planning of this site plan.

Informational:

1. Approval by the Florida Department of Health is required for the proposed onsite well and septic system.

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Recommendation: Staff recommends that DRC approve with conditions the Final Site Plan application with the conditions stated in the consolidated report and the attached staff review comments with the following modifications:

1. Pursuant to Section 72-611, of the LDC, the proposed development within the 100-year FEMA floodplain is permitted, given the nature of the development as a park that may be closed from time-to-time due to periodic flooding resulting from a major storm event, subject to addressing any flood protection requirements for the bathroom building.

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STAFF REVIEW COMMENTS

Meeting Date: November 29, 2017

Shell Harbor Marine Park

2018-F-FSP-0043, RSN 895509

CURRENT PLANNING Scott Ashley, AICP, Senior Zoning Manager

Shell Harbor Marine Park 2018-F-FSP-0043 Staff has reviewed the requested application and provides the following comments: 1. Revised plan Sheet C-01 to address the following plan discrepancy: a) Amount of

off-street parking spaces adjacent to the restroom building; b) ADA parking space symbols located in the existing vegetation island; c) Remove the picnic pavilion call-out and reposition the restroom building call-out label. Also, revised plan Sheet C-05 regarding the ADA parking symbols.

2. The proposed use is a public park that requires compliance with the regulations of Section 72-290(5), Article II Zoning, Chapter 72 Code of Ordinances (ZC), in addition to those specific to the R-3 zoning classification. Pursuant to the plan and the code requirements, the proposed picnic bench closest to the boat ramp does not meet the yard requirement. On November 28, 2017, comment #2 was deleted in its entirety.

3. Pursuant to the off-street parking table in Section 72-286(5), of the ZC, the amount

of off-street parking required for this use was determined on the basis of eight vehicle-trailer spaces per ramp (2), one space per picnic table (2), and eight spaces per acre of outdoor recreational area (1.84 acres impervious). The plan shows 35 parking spaces, including two designated handicapped spaces, meets the referenced code requirement.

4. Site landscaping plans must comply with applicable requirements of Section 72-284, of the ZC. The plan shall indicate the type, size, and location of plant materials, and is required to have the following minimum plantings:

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Buffer Width Minimum Number of Trees and Vegetation Required

North Designated bulkhead lines, mean high-water marks, 100-year floodplain boundaries and department of environmental protection designated areas shall represent adequate area to fulfill the buffer yard area requirement; Preserve existing vegetation or perimeter tree planting (1 tree/25 feet) from group A of plant list (abutting river)

South 20 feet Preserve existing vegetation or perimeter tree planting 4 group A/4 group B/27 group C or D per 100 linear feet, OFT (abutting Shell Harbor Road)

East Designated bulkhead lines, mean high-water marks, 100-year floodplain boundaries and department of environmental protection designated areas shall represent adequate area to fulfill the buffer yard area requirement; Preserve existing vegetation or perimeter tree planting (1 tree/25 feet) from group A of plant list (abutting canal)

West Designated bulkhead lines, mean high-water marks, 100-year floodplain boundaries and department of environmental protection designated areas shall represent adequate area to fulfill the buffer yard area requirement; Preserve existing vegetation or perimeter tree planting (1 tree/25 feet) from group A of plant list (abutting lake)

Trees required in other buffer areas shall be a minimum height of six feet and a minimum caliper of one and one-half-inch. No impervious surface, parking space, or structure, except for a driveway or sign, is allowed in a required landscape buffer. The applicant shall select all planting materials required in the landscape areas from the index of plant materials on the County Plant List.

5. A workable underground irrigation system is required to ensure survivability of the

required landscaping materials. The applicant must submit an 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. Per the zoning ordinance, the irrigation plan and shall include plans which specify sprinkler head type, pipe size, radius of throw, valve location, and location of the rain sensor device. Pursuant to Section 72-284(4)a, of the ZC, the zoning enforcement official may waive the automatic irrigation system, in lieu of an acceptable alternative, such as the use of low-volume drip emitter, porous pipe or similar means based on the review of the landscape plan.

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6. Pursuant to the applicant’s project response letter dated November 14, 2017, the

plans state that no landscaping and irrigation is not proposed and referenced Attachment 1 – Revised Plans. However, there are no call-outs or labels indicating a specific landscape area to address aforementioned comments 4 and 5.

7. The landscape plan must provide interior landscaping meeting the requirements of

Sections 72-284(1) and 72-284(3), of the ZC. Given the design and functionality of the intended development, staff does not oppose using the existing natural vegetation located near the perimeter of the paved area to count toward this code requirement.

Informational: 1. The subject property is zoned with the Urban Single-Family Residential (R-3) zoning

classification and is designated Rural Recreation (RLR) on the Future Land Use Plan map. Per the plan notes, the proposed uses will be a publicly owned park and recreational area. This use is a permitted principal use under the R-3 zoning classification. The proposed development is compatible with the RLR future land use designation.

2. This office did not have access to a full plan set to review. Pursuant to the

applicant’s project response letter dated November 14, 2017, several previous comments made by this office would deferred to the Attachment 1 – Revised Plans. However, some comments were not addressed on the plans, as several pages of the plan sheet index were not made available for review.

On November 28, 2017, informational comment #2 was deleted in its entirety. 3. Utility lines including, but not limited to, electric power and light, telephone and

telegraph, cable television, water, sewer and gas, shall be constructed and installed beneath the surface of the ground, in compliance with Section 72-611(4), Article III Land Development, Chapter 72 Code of Ordinances (LDC). Staff found no call-outs and notation regarding this requirement on the plans.

4. On the final site plan, provide information that complies with Section 72-

618(b)(2)(c), of the LDC. Per this code section, each handicapped space shall be prominently posted with a permanent handicap parking sign as specified in Roadway and Traffic Design Standards published by the Florida Department of Transportation, and a corresponding detail must be added to the plan. This seven-foot tall handicapped parking stall sign must include a supplemental plate indicating the fine for illegal use of the handicapped parking stall is $250 in accordance with Chapter 96-200, section 316.1955(5) of the Florida Statutes and Volusia County Ordinance No. 96-30. No plan details were submitted to address this previous staff comment.

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5. Any proposed signs associated with this project will require separate building

permits and approvals per Section 72-298(13), of the ZC. No response was provided nor sign information included per previous comment.

6. Staff reserved the right to provide additional comments at a later development review stage.

* * * * * *

DEVELOPMENT ENGINEERING Joe Spiller, Civil Engineer II Shell Harbor Marine Park 2018-F-FSP-0043 Staff has reviewed the requested application and provides the following comments: 1. The portion of Shell Harbor Road at the location of the proposed entrance is a dirt

unimproved lane that is currently limited to emergency maintenance by the County. However, east of this location is the terminus of the County maintained paved local roadway. The existing roadway needs to be better identified by survey on the plans. Saw cutting of the existing edge of pavement will need to be provided. Any failed structural sections of the existing paved roadway in the vicinity of the proposed project that may require remediation need to be identified.

2. The existing walls and proposed sheet pile need to be reviewed by a structural

engineer. The proposed grading at the face will result in an eight-foot exposed face between the bottom elevation of the dredged area and the finished grade at the back of the wall. a. Provide anchor spacing and any backfill ratios and maximum lift depths at

the existing wall locations to remain. Show the minimum acceptable wall depth below the final dredge elevation at the face.

b. Identify the backfill ratios and maximum lift depths to be provided below the #57 stone sub-base at the new ramp. Provide anchor spacing or other structural work as appropriate.

c. Provide anchor spacing and any backfill ratios and maximum lift depths at

the proposed 22-foot sheet pile wall section at the location of the existing ramp to be removed.

3. The pipe invert elevation of the proposed retention pond side bank filtration is below

the outfall structure pipe invert.

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* * * * * *

ENVIRONMENTAL PERMITTING

Keith Abrahamson, Environmental Specialist III

Shell Harbor Marine Park 2018-F-FSP-0043

Staff has reviewed the requested application and provides the following comments: 1. Pursuant to Section 72-837, of the LDC, 15-percent of the total site shall be

designated for the protection of existing trees. The tree preservation areas must be clearly labeled on the plans.

2. The tree removal/replacement calculations are incorrect. Removal is calculated by

determining the cross-sectional square inches of each tree removed. The formula for this calculation is pi times radius squared. A simple way to demonstrate removal/replacement is to provide a table with the following columns:

a. Tree diameter at breast height (DBH), b. Quantity of trees at that DBH,

c. Cross-sectional area at that DBH,

d. Total cross-sectional area removed at that DBH, and

e. Replacement required (either seven-percent or 15-percent, depending on

species). 3. Please demonstrate on the plan set how you are providing tree replacement. Tree

replacement stock shall have a minimum caliper of two inches and a height of at least six feet. Since smaller trees cannot be given replacement credit, please revise the plans to demonstrate compliance with the tree replacement requirement

4. Please show tree protection areas on the plan set. Trees not being removed must

have tree protection installed and inspected by this office around the perimeter of each tree or tree preservation area prior to clearing.

5. 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.

6. A turbidity barrier is required to surround the entire dredge area. Please show this

on the plan set.

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7. The wetland buffer impacts provided also include wetland impacts and must be separated into individual categories.

8. Provide a copy of the approved Environmental Resource Permit. Additional comments may be generated upon further reviews. Informational: 1. Wetland buffer mitigation fees will be determined during the permitting process and

the applicant billed for the fees. A site inspection will be required. The permit will not be released until the fees are paid in full.

2. Every individual tree removed requires a $20.00 fee to be paid. Show how many

trees will be removed and multiply that number by $20.00 to determine the fee owed. The maximum fee for this "per tree removed" fee is $668.00.

3. The erosion control, tree protection, and turbidity barrier must be installed properly

for this project prior to issuance of permits. * * * * * *

FIRE SAFETY Chris Weir, Fire Inspector Shell Harbor Marine Park 2018-F-FSP-0043 Staff has reviewed the requested application and provides the following comments: 1. Restroom requires one lightweight roof/floor truss Maltese sign with an inset of "RF"

as per FS 633.222. To wit: Mount signage between Men & Women.

2. One 3A40BC-type fire extinguisher and protection cabinet is required.

* * * * * *

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HEALTH

Laura Kramer, Septic Program Coordinator

DOH/Volusia County Public Health Unit Shell Harbor Marine Park 2018-F-FSP-0043 Comments were not received by the time of printing this report.

The following new comments were added on November 28, 2017: 1. Sewage disposal to be provided by an onsite sewage treatment and disposal

system.

2. Potable water to be provided a safe drinking water act potable well. Sampling and monitoring shall be required.

* * * * * *

LAND DEVELOPMENT

Samantha J. West, Land Development Assistant I Shell Harbor Marine Park 2018-F-FSP-0043

Staff has reviewed the requested application and provides the following comments: 1. The subject site consists of Harbor Court, a platted road, and 17 lots in Shell Harbor

Estates, MB 27, Pages 45 and 46. These parcels will need to be combined to create one (1) unified building site. A Combination of Lots Exemption application is available at the Land Development Office. Consideration should be given to vacating this portion of Shell Harbor Estates, because the public right-of-way for Harbor Court traverses the site.

2. The Final Site Plan must be based on the survey with property lines for the project shown. Also, the plans will need to show that the offsite roadway construction occurs within the platted right-of-way for Harbor Court, and that no construction activity or tree removal occurs on the adjacent property not owned by the county. The roadway construction should connect to the terminus of the paved section for Harbor Court.

3. Pursuant to Section 72-618(a)(3)(d), of the LDC, single-lane driveways shall be 14 feet wide, and two-way driveways shall be 24 feet wide. Please provide dimensions on the next plan submittal.

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The following new comments were added on November 27, 2017:

4. Pursuant to Section 72-618, of the LDC, handicapped spaces must be 12 feet by 20 feet with a five-foot wide adjacent access aisle. Please provide dimensions on the next plan submittal.

5. FEMA Flood Insurance Rate Maps indicate that the entire site falls within the 100-year floodplain (Flood Zone AE), with the base flood elevation established at Elevation 6. Pursuant to Section 72-611(b), of the LDC, proper provisions are required to provide flood free development and vehicular access to building sites.

Informational: 1. The project was previously reviewed for compliance with the Manatee Protection

Plan and a Letter of Compliance for the 33 boat trailer parking spaces and two boat slips, as proposed, was issued on September 9, 2016.

* * * * * *

PUBLIC WORKS – MOSQUITO CONTROL Bill Greening, Environmental Specialist II

Shell Harbor Marine Park 2018-F-FSP-0043 Staff has reviewed the requested application and has no comment.

* * * * * *

PUBLIC WORKS – ROAD & BRIDGE

Tom Morrissey, Construction Engineer II

Shell Harbor Marine Park 2018-F-FSP-0043

Staff has reviewed the requested application and provides the following comments: 1. Update county council.

2. ADA sidewalk? * * * * * *

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PUBLIC WORKS – ROAD IMPACT Scott Martin, P.E., Engineering Section Manager

Shell Harbor Marine Park 2018-F-FSP-0043

Staff has reviewed the requested application and has no comment. * * * * * *

PUBLIC WORKS – NPDES REVIEW Dan Nimlos, Senior Engineering Inspector

Shell Harbor Marine Park 2018-F-FSP-0043 Staff has reviewed the requested application and provides the following comments: 1. ALL ASPHALT MIX DESIGNS MUST BE PRE-APPROVED BY VOLUSIA COUNTY

BEFORE PLACEMENT a. Saw cutting all existing edge of pavement for new proposed roadway

connection tie-ins must be performed.

b. Structural Course= 1.5 inch of SP-12.5 TL-C/TL-D asphalt @ max. 30% recycled materials.

c. =10'' of Crushed Concrete fines compacted to a 98% maximum dry density

per AASHTO T-180 and constructed in two lifts (In lieu of stabilization) 2. Striping and Signing

a. The entrance/exit onto Shell Harbor Rd. must have an exiting stop bar, stop sign and double yellow striping 25 feet back from the stop bar towards the property for guidance.

b. Please include the proposed striping/signing plan for the roadway.

c. All pavement striping/markings must be thermoplastic and must be located and installed in accordance with the latest FDOT standard index # 17346

3. M.O.T.

a. As specified in Section 72-704 of the Volusia County Land Development

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Code, provide the latest 2016/2017 FDOT Design Standard Index, applicable Maintenance of Traffic (MOT) detail for the proposed utility work on SHELL HARBOR RD. based on the location of ALL the work proposed and its relationship to the roadway/intersections. MOT plans must be shown/attached on the Use Permit plans.

4. Please note/show on the plans the location of the construction entrance/exit along

with soil tracking device detail.

5. The APPLICANT/GENREAL CONTRACTOR is referred to the Soil Tracking Prevention Devise detail as shown in the 2010 FDOT Design Standards Index 106QPlease add the following note to the detail- (Volusia County reserves the right change the detail).

6. Please note on the plans:

a. Maintenance of the Soil Tracking Prevention Device must be performed as needed by the Applicant/General Contractor. The connecting adjacent road must also be kept clean and free from all soils, sands and debris at all times by power broom/sweeper.

7. EROSION CONTROL:

a. On page C-05, the location of the silt fence is shown within the proposed

roadway on the south side, please revise plans to show the silt fence outside all work areas.

b. Please include the latest NPDES erosion control/silt fence detail, staked turbidity and floating turbidity barrier where applicable.

c. Include on the plans a legend of the silt fence for identification (&

staked/floating turbidity barrier also, needed or not) 8. Please enter the following, VOLUSIA COUNTY EROSION CONTROL NOTES on

the field plans as follows:

a. VOLUSIA COUNTY EROSION CONTROL NOTES:

i. Please Call Volusia County Eng. office at (386-736-5926), one business day prior to beginning all permitted work to Schedule Required SILT FENCE INSPECTIONS, also ANY Changes from approved plans, major weather impacts/damages and when completed.

ii. Maintenance of and/or replacement of damaged areas/segments of erosion control/silt fence must be completed ASAP.

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9. Please enter the following, Volusia County Notes, on the FIELD plans as follows:

a. Volusia County Right of Way Notes:

i. Call Volusia County Eng. office at (386-736-5926), one business day

prior to beginning all permitted work & INSPECTIONS needed, ANY changes from approved plans and when completed.

ii. ALL ROAD CLOSURES/LANE CLOSURES/LANE SHIFTS/sidewalk closures (& flagging ops) “ARE SEPARATE FROM THE PERMIT” and require MOT plan review & approval with 7 day advance notice from Volusia County Traffic Operations at (386-239-6535) prior to any closures. MOT is required on all jobs.

iii. ALL TRAFFIC & PEDESTRIAN SIGNALS (& surrounding areas),

“ARE NOT’’ a member of Sunshine One Call. Locates MUST be Requested/Located from Volusia County Traffic Engineering at 386-736-5968.

iv. The Volusia County-stamped “approved” permit plans must be onsite

at all times.

v. No Driving/Staging of any vehicle is allowed in the right of way or on any sidewalks. Any damages to the right of way will be regarded/sodded and sidewalks to be repaired/replaced with 6 inch concrete by the contractor, per ADA Standards.

vi. No trench/excavations shall be left open or unattended overnight

within the right of way.

vii. Sod all disturbed areas.

viii. Applicant/Contractor is responsible for pre/post construction video/photos of existing site, adjacent lots and right of ways to include buildings, roadways, driveways, sidewalks, ditch swales, culverts and above ground utilities.

* * * * * *

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SURVEY

Jeff W. Barnes, County Contract Surveyor Shell Harbor Marine Park 2018-F-FSP-0043 Staff has reviewed the requested application and provides the following comments: 1. A boundary survey from McKim and Creed is attached Signed by Jeff Barnes.

2. Additional right-of-way will be required to connect this project to Shell Harbor Road. 3. A Topographic Survey or Tree Survey has not been submitted to support the

proposed design.

4. The General notes on sheet C-17, state "All elevations in this project are referenced to N.A.V.D. 1988". A site Benchmark will be necessary for construction.

* * * * * *

TRAFFIC

Joe Spiller, Civil Engineer II Shell Harbor Marine Park 2018-F-FSP-0043 Staff has reviewed the requested application and provides the following comments: 1. Please provide an autoturn demonstration to show that trucks hauling trailers with

boats have sufficient space and turning radius to safely maneuver the parking lot and drive to and from the boat launch.

2. If the entrance will be gated, placement must be a minimum of 125-feet from the property line.

3. Please provide a streetlight at the driveway for nighttime safety and ease of

accessibility. * * * * * *

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UTILITIES

Scott Mays, P.E., Utilities Engineer

Shell Harbor Marine Park 2018-F-FSP-0043 Staff has reviewed the requested application and has no comment. * * * * * *

From: Peter Glover <pglover2@gmail.com>To: Tim Baylie <TBaylie@volusia.org>CC: "kevin o'dwyer" <kodwyer2@yahoo.com>, Pat Patterson <ppatterson@volusia....Date: 11/29/2017 9:55 AMSubject: Shell Harbor Park - Plans review.

Tim,

Please accept this e mail as confirmation of our Park plan review meetingwhich we had in your office sometime last November of 2106.

I understand this meeting we had on the park design is consistent with andmeets the covenant of the land gift to include us, as grantors, in thepark design.

Thank you for your moving forward with the new park at Shell Harbor. Ilook forward to seeing it come to life.

Sincerely,

Pete Glover

Drawing Name: C:\Users\Arama\appdata\local\temp\AcPublish_9476\Shell Harbor Revised.dwg By: ARama Tab: COVER 11/15/2017 Drawing Name: C:\Users\Arama\appdata\local\temp\AcPublish_9476\Shell Harbor Revised.dwg By: ARama Tab: COVER 11/15/2017

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Stephen J. Kuhn, P.E.

Port Orange, FL 32129

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4643 S. Clyde Morris Blvd

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www.dmces.com

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123 W. INDIANA AVE.

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LegendFLD_ZONE

0.2 PCT ANNUAL CHANCE FLOOD HAZARDAAEAHVE