public hearing: commission (pldrc) · the applicant is requesting to renew the short murph,...

GROWTH AND RESOURCE MANAGEMENT DEPARTMENT

PLANNING AND DEVELOPMENT SERVICES DIVISION

CURRENT PLANNING ACTIVITY

123 W. Indiana Avenue, Room 202, DeLand, FL 32720 (386) 736-5959

PUBLIC HEARING: October 11, 2016 - Planning and Land Development Regulation Commission (PLDRC)

CASE NO: S-16-070

SUBJECT: Special exception for temporary campsites on Prime Agriculture (A-1) zoned property.

LOCATION: 1525 S.R. 40, DeLeon Springs

APPLICANT: Darren Elkind, attorney for owner

OWNER: Short Murph, Inc.

STAFF: Scott Ashley, AICP, Senior Zoning Manager

I. SUMMARY OF REQUEST

The applicant is requesting to renew the Short Murph, Inc.’s special exception for temporary campsites, previously approved under case S-08-060 on December 17, 2009. The renewal application is for 120 temporary campsites situated across the street from the Volusia Speedway Park for three days before, during and three days after any regularly scheduled racing events at the Daytona International Speedway for Speedweeks, Biketoberfest, the Pepsi 400 (Coke Zero 400) and Bike Week, for a period of ten years, 2017 through 2026. Staff Recommendation: Forward to county council for final action with a recommendation of approval, subject to 14 staff conditions.

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II. SITE INFORMATION

1. Location: This property is located on the south side of S.R. 40,

approximately one mile west from its intersection with S.R. 11, across S.R. 40 from the Volusia Speedway Park.

2. Parcel Number(s): 5007-00-00-0035 3. Property Size: ± 13 acres 4. Council District: 1 5. Zoning: Prime Agriculture (A-1) 6. Future Land Use: Agricultural Resource and Forestry Resource 7. ECO Map: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use:

10. Location Maps

ZONING MAP FUTURE LAND USE MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE

North: A-1, BPUD and B-4 Rural and Agricultural Resource

Speedway/racetrack

East: A-1 Agricultural Resource Single-family dwelling and fernery operation

South: A-1 Agricultural Resource Single-family dwelling and pasture lands

West: A-1 Agricultural Resource Forested property

SubjectProperty

SubjectProperty

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III. BACKGROUND AND PREVIOUS ACTIONS

The owner is requesting a renewal of a previously approved special exception (S-08-060) to allow the continued operation of temporary campsites for three days before, during and three days after any regularly scheduled racing event at the Daytona Beach International Speedway for Speedweeks, Biketoberfest, the Pepsi (Coke Zero) 400, and Bike Week, on A-1 (Prime Agriculture) zoned property. The property is about four and one-half miles east of the Rural Community of Barberville on the south side of S.R. 40 at its intersection with Lake Winona Road. The area development pattern consists of a mixture of commercial and agricultural uses. The Volusia Speedway Park is located to the north across S.R. 40. There is a former convenience store site located adjacent to the site on the southwest corner of Lake Winona Road and S.R. 40. There is a fernery to the east across Lake Winona Road and small horse farms to the east and south. The purpose of the campsite is to accommodate the needs of participants and spectators of events at the Volusia Speedway Park in self-contained recreational vehicles. No electric or water hook-ups will be available; however, potable water, portable toilets and a dump station will be provided at a central location. There may be a small amount of tent camping as shown on the site plan. The portion of the property to be used is the northeast nine acres adjacent to the highway. The applicant has been granted two previous renewals (2004 and 2009) since the initial special exception case approval by county council in 2003. Each application was approved for a period of five years. The current request is for a period of ten years, from 2017 through 2026. There have been no complaints or code violations associated with this special exception during the past renewal period.

There are fourteen conditions that were part of the past approvals that are standard conditions put in place to ensure the safe, clean, and orderly operation of temporary campsites. Staff is recommending these same conditions, with slight modifications, be continued with this application.

IV. REVIEW CRITERIA AND ANALYSIS

SITE PLAN – The applicant’s special exception site plan depicts:

• An internal one-way looped unpaved access driveway with a paved site entrance driveway on S.R. 40.

• 108 RV camping sites and 12 primitive camping sites.

SubjectProperty

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• A temporary fence designed to protect a small wetland near the south property line. The fence is situated between the southern edge of the access road and the south property line.

SPECIAL EXCEPTION CRITERIA - Under subsection 72-415(8) Reasons for denial, the commission may recommend denial of any application for a special exception, and the county council may deny the application for one or more of the following reasons:

(a) It is inconsistent with the purpose or intent of this article.

Temporary campsites are an allowable special exception use in the Prime Agriculture (A-1) zoning classification. This particular campsite has been in existence for approximately 11 years. There have been no modifications to the site plan from the previous renewal application. The proposed renewal of the temporary campsite is consistent with the purpose and intent of the zoning ordinance. (b) It is inconsistent with any element of the comprehensive plan.

The temporary campsite is located on the portion of the property designated Agricultural Resource. This designation is applied to lands best suited for intensive agricultural pursuits. In addition, to facilitate a diversification of land uses within Agricultural Resource areas, non-agricultural uses such as agri-tourism and recreation may be allowed. Further, the comprehensive plan supports the provision of both recreational and tourism opportunities. The special exception is consistent with the comprehensive plan.

(c) It will adversely affect the public interest. The Short Murph temporary campsite has been in operation for approximately 11 years. There have been no complaints about the operation. Approval of this special exception renewal application will not adversely affect the public interest.

(d) It does not meet the expressed requirements of the applicable special exception.

The special exception is a temporary use, limited to specific racing events at the Daytona Beach International Speedway. In addition, the conditions of approval of the previous request have successfully been met. Staff recommends these same conditions continue to apply to this renewal request. The renewal of this special exception shall meet all applicable requirements or the approval will be in jeopardy of revocation. (e) The applicant will not be able to meet all requirements imposed by federal, state or local governments, or by the county council.

The applicant shall meet all requirements imposed by any applicable federal, state, and local agencies or the approval of the special exception will be in jeopardy of revocation.

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(f) Notwithstanding the provisions of article XIV of the land development code [appendix A], it will generate undue traffic congestion.

Traffic Engineering has reviewed the request and finds that the trip generation at maximum capacity will not degrade level of service standards. When in use as 120 temporary campsites, the use may generate 444 daily trip ends at maximum capacity. When not in use, the calculation drops considerably to the equivalent of one single-family unit, which equates to 10 daily trip ends. This site will not generate undue traffic congestion. However, due to the posted speed limit on S.R. 40 and the volume of turning movements, the county land development code requires that right and left turn lanes be installed. After the last special exception approval, the Development Review Committee (DRC) reviewed and waived the both turn lane requirements. If council grants this request, the applicant will need to address the turn lane issue again through the DRC. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public.

Subject to adherence with the conditions of approval, the temporary use will not create a hazard or public nuisance or be dangerous to individuals or to the public.

(h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings.

The campsite has occupied this property for 15 years. It is part of the character of the surrounding neighborhoods. Renewal of the requested temporary campsite will not adversely impact the value of surrounding land, structures or buildings. (i) It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution.

Compliance with the health department requirements and appropriate special exception conditions, as previously approved, will ensure this request will not adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution.

V. STAFF RECOMMENDATION

Staff recommends that the PLDRC forward this special exception for renewal of a temporary campsite for three days before, during and three days after any regularly scheduled racing event at the Daytona Beach International Speedway for Speedweeks, Biketoberfest, the Pepsi 400 (Coke Zero 400), and Bike Week events, to the county council with a recommendation of approval, subject to the following conditions:

1. The temporary campsites shall be limited to the areas as shown on the site plan. The temporary campsites shall only be open for operation three days before, during, and three days after Speedweeks, Biketoberfest, Pepsi 400 (Coke Zero 400), and Bike Week events scheduled from 2017 through 2026. The temporary campsites shall be limited to the areas as shown on the Special Exception site plan prepared by EPI dated 9/25/2009.

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2. A site plan that meets the requirements of the Land Development Code and the Traffic Engineering Division memo dated 09/16/16 shall be submitted for review and approval by the Growth and Resource Management Department prior to the set-up and operation of the temporary campsite use. Traffic counts and turning movement counts shall be submitted per the requirements listed in the memo within one year’s time. The maximum number of campsites that may be allowed on the site shall not exceed 120, consisting of 108 mobile recreational vehicle spaces and 12 primitive tent campsites. The size of the individual campsites, number of portable toilets, hand wash sinks, potable water and shower facilities shall be in accordance with the Volusia County Health Department requirements.

3. The applicant shall submit copies of provisions that address these conditions of

approval, directly to the Florida Department of Health, Volusia County Fire Rescue, Special Services of the Sheriff's Office, and the Growth and Resource Management Department for review and approval. The applicant needs to coordinate with these offices on an individual basis. A site plan with all signed contracts for portable toilets, improved road system, and garbage pick/clean up times(s) shall also be submitted to the Code Compliance office at least 30 days prior to the events.

4. The applicant must collect all appropriate tourist development tax and sales tax, as

required by County Ordinance and State Statute. A copy of the above license shall be submitted to the Code Compliance office at least 30 days prior to the opening of the campsites.

5. The Volusia County Sheriff's Office, Florida Department of Health, Revenue Division,

Volusia County Fire Rescue and the Growth & Resource Management Department shall have unlimited and unconditional access to the subject site including common areas within the temporary campsite on a 24-hour-a-day basis without having to give prior notice and without having to pay any type of fee or dues to gain entrance for inspection purposes.

6. The applicant shall provide fire protection services for the temporary campsites in

accordance with the requirements of Volusia County Fire Rescue, including, but not limited to: providing 14-foot wide stabilized access drives for emergency vehicles and apparatus to all areas and sites; providing three minimal 3A40BC rated, certified fire extinguishers – one shall be placed at the tent area and the other two shall be placed on the roving golf carts provided by the property management; and by posting (minimum 6" high) of the address numbers for 911 purposes.

7. Portable toilets and hand wash sinks shall be required at a central location at the

campsite. The signed service contract for pumping of the portable toilets shall be provided to the Florida Department of Health at least 30 days prior to the events. A revised site plan shall be submitted demonstrating compliance.

8. All recreational vehicle units with self-contained holding tanks for wastewater shall

secure all sewer waste line caps at all times in a manner to preclude any leakage. Posted signs throughout the campsite shall state that no direct discharge of any wastewater from any recreational vehicle will be permitted.

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9. The temporary campsites shall comply with the minimum requirements for potable (drinking) water supply as required by Chapter 64E-8, Florida Administrative Code and applicable State of Florida Plumbing Code provisions. Provisions for potable water are subject to approval by the Florida Department of Health and Volusia County Environmental Management Division.

10. Vendor operations and/or special events shall be prohibited on the subject property. 11. The applicant shall provide adequate traffic control including, but not limited to, an

off-duty uniformed officer(s) (police/sheriff/highway patrol) stationed during the weekends, special events and peak traffic hours along S.R. 40 in front of the entrance/exit. The uniformed officer(s) are for traffic control only and the applicant would be required to pay any cost associated with these officer(s). In the event the temporary camp ground becomes full, the applicant shall temporarily close the parking area to entering vehicles.

12. The applicant shall provide his own security for the campsite. Further, the officer(s)

providing traffic control will not be providing security for the campsites. The applicant shall inform Code Compliance and Special Services of the Sheriff's Office of the person(s) in charge of security with his/her telephone number(s) and addresses at least 30 days prior to the events

13. The applicant shall provide an adequate number of solid waste containers placed in

strategic locations on the site. These solid waste containers and containers shall be emptied and cleaned on an as needed basis. The area shall be completely clear of litter and other refuse after each day of operation. To ensure compliance, the applicant shall provide the County with a written contract with a local solid waste management company at least 30 days prior to the events. The contract shall require a provision for garbage to be collected and removed from the site every other day.

14. Violation of any of these conditions may result in automatic revocation of the Public

Hearing approved permit by the Zoning Enforcement Official. Upon revocation, the temporary campsite shall not be resumed without approval of another Public Hearing per Section 72-415(6) of the zoning code.

VI. ATTACHMENTS

• Written Explanation

• Survey

• Special Exception Site Plan

• Reviewer Comments

• Aerial Photograph

• Maps Exhibits

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VII. AUTHORITY AND PROCEDURE

Pursuant to Section 72-415, 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 special exception 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 to be 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 to be presented at the county council meeting that was 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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1

STAFF REVIEW COMMENTS

PLDRC Hearing Date: October 11, 2016

Elkind/Short Murph, Inc.

S-16-070

HEALTH

Laura Kramer, DOH/Volusia County Public Health Unit

Comments: This temporary campground is permitted and approved with Florida Department of Health.

* * * * * *

VOLUSIA COUNTY SHERIFF’S OFFICE

Captain David Brannon, Commander, District 2 I reviewed the attached permit renewal application and site plan. Also, I discussed this with my staff and researched the VCSO Calls for Service history (no records found). Provided the security/traffic and health provisions are met, I am aware of no reason to object to the approval of this application.

* * * * * *

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Inter-Office

Memorandum

TO: Scott Ashley, Planning Manager DATE: September 19, 2016

FROM: Danielle Dangleman, Environmental Specialist III

SUBJECT: Planning & Land Development Regulation Commission meeting for Date: October 11, 2016Parcel #: 5007-00-00-0035Case #: S-16-070

Environmental Permitting (EP) has reviewed the application and conducted a site visit in regards to this special exception request. There are wetlands on the west side of this property. These wetlands have a 50 foot upland buffer because it is in the Natural Resource Management Area. There should be no alteration to the wetland or its associated buffer for the purposes of this special exception.

EP has no objection to this request. However, the project must comply with all of the environmental regulations of the Land Development Code.

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feetmeters

2000700

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DAN GEORGE LAKE

SR 40 E

CR 40

23 (L

AKE W

INON

A RD

)

SPECIAL EXCEPTIONCASE NUMBER

S-16-070IREQUEST AREA LOCATION 1 " = 1000'

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SR 40 E

CR 4023 (LAKE

WINONA RD)

SPECIAL EXCEPTIONAERIAL 2015CASE NUMBER

S-16-070

1"= 400'IREQUEST AREA

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SR 40 E

CR 4023 (LAKEWIN ON A

RD )

A-1

BPUD

RC

B-4


S-16-070I

1"= 400'ZONING CLASSIFICATION

REQUEST AREA

AGRICULTURALCOMMERCIAL

RESOURCE CORIDOR

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AR

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ESCSR 40 E

CR 4023 (LAKE WINONA

RD)

SPECIAL EXCEPTIONFUTURE LAND USE DESIGNATIONCASE NUMBER

S-16-070

1"= 400'

REQUEST AREA

AGRICULTURE RESOURCEENVIRONMENTAL SYSTEMS CORRIDOR

RURAL

I

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SR 40 E

CR 4023 (LAKEWINONA

R D)


S-16-0701"= 400'ECO/NRMA

NRMAECO REQUEST AREA

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public hearing: commission (pldrc) · the applicant is requesting to renew the short murph,...

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