PLDRC HEARING: January 10, Planning and Land Development Regulation Commission (PLDRC)

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1 Page 1 of 39 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL (386) PLDRC HEARING: January 10, Planning and Land Development Regulation Commission (PLDRC) CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: PUD Rezoning from Resource Corridor/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (RCW) and Conservation/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (CW) to Mixed Planned Unit Development/ Indian River Lagoon Surface Water Improvements and Management Overlay Zone (MPUDW) 630 Bottle Island Road, New Smyrna Beach Glenn Storch, Esq. Cynthia J. McCallister Susan Jackson, AICP, Senior Planning Manager I. SUMMARY OF REQUEST The applicant is requesting a rezoning from Resource Corridor/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (RCW) and Conservation/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (CW) to Mixed Planned Unit Development/ Indian River Lagoon Surface Water Improvements and Management Overlay Zone (MPUDW) for the purpose of establishing an ecotourism use on the property. The ecotourism use would be limited to a kayak/canoe launch and rental facility utilizing an existing boat ramp and dock already developed on the property. Staff Recommendation: Forward to the county council for final action with a recommendation of approval with staff recommended conditions.

2 Page 2 of 39 II. SITE INFORMATION 1. Location: The property is located on Bottle Island Road, approximately 1900 feet west of the intersection of Bottle Island Road and CR A1A (Atlantic Avenue South). 2. Parcel No: Property Size: acres 4. County Council District: 3 5. Zoning: Resource Corridor/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (RCW) and Conservation/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (CW) 6. FLU Designation: Environmental Systems Corridor 7. ECO Map: Yes 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: Direction Zoning Future Land Use Existing Use North East RCW and CW RCW Environmental Systems Corridor Environmental Systems Corridor Vacant land area/ Salt marshes and brackish tidal waters Vacant land area/ Salt marshes and brackish tidal waters South West RCW and CW CW Environmental Systems Corridor Environmental Systems Corridor Bottle Island Creek/ Salt marshes and brackish tidal waters Botheration Creek/ Salt marshes and brackish tidal waters 10. Location Maps ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 39 III. BACKGROUND The property is 20.4 acres. It has a future land use designation of Environmental Systems Corridor. Until recently, the parcel was two separate parcels; one being 1.14 acres zoned Conservation (C), the other being 18.9 acres zoned Resource Corridor (RC). Both portions of the combined parcel are within the Indian River Lagoon Surface Water Management Overlay (W) zone. The rezoning request is to amend the zoning of both portions of the combined parcel to Mixed Planned Unit Development (MPUD) and maintain the Indian River Lagoon Surface Water Management Overlay (W) zone over the entire property. The property contains four single-family mobile homes located on the RC zoned portion. The zoning history indicates that the property was zoned a commercial classification with an approved conditional use for a trailer park in In 1980, the property was rezoned to MH-1(Mobile Home Park). In 1983, the County Zoning Coordinator approved a plan for 13 mobile home spaces based on the conditional use approval in In 1992 the parcel was rezoned to RC after adoption of the comprehensive plan and application of the Environmental Systems Corridor future land use designation. The four existing mobile homes were installed between 1978 and 1986 and are considered legal nonconforming uses. The property also contains docks associated with the mobile homes, a boat ramp and three storage buildings. The owner would like to promote the property for an ecotourism use, and proposes to use the westernmost portion of the site as a kayak/canoe/paddle board rental launch site. As the property is currently zoned Resource Corridor and Conservation, commercial uses such as this are not allowed. Further, the owner wants to be able to maintain the four existing residential units on the property. In order to accommodate both the existing residential use and the proposed commercial use, the property must be rezoned to Mixed Use Planned Unit Development (MPUD). A Development Agreement has been drafted that describes and controls the degree to which this property can be used commercially, while still allowing the residential use to remain. Subject to approval of this Agreement, the previous approval for the 13 mobile home units shall be extinguished. IV. REVIEW CRITERIA AND ANALYSIS Staff has reviewed the proposed Master Development Plan that consists of a preliminary plan and a written development agreement. Conceptual Plan The conceptual plan, dated October 25, 2016, depicts the as-built conditions of the property. It includes the four existing homes, seven existing docks, one pole barn, two sheds, and one concrete boat ramp. It further depicts the conceptual layout of the kayak rental area on the westernmost portion of the site. The kayak launch site will take advantage of using the existing boat ramp. Handicapped parking will be located near the kayak launch site; however, the standard parking area is planned in an already cleared area farther east between two mobile homes.

4 Page 4 of 39 The residential area is located in between the western kayak launch area and the eastern designated open space area. This residential area contains the four existing homes and their associated docks. No additional development is intended for this area. The remainder of this site is designated as open space. There will be no removal of trees or vegetation to accommodate commercial use. The parking area will be unpaved in an already cleared area. The handicapped spaces will be paved in accordance with ADA standards, also in an already cleared area. The property is within Natural Resource Management Area Overlay future land use designation and the Indian River Lagoon Surface Water Improvements and Management Overlay Zone. Both these overlays institute heightened environmental standards to protect sensitive natural resources. A 50-foot upland buffer is required adjacent to on-site wetlands. The existing homes were permitted and built prior to this requirement and encroach into this buffer. The kayak rental use will not construct any permanent or temporary structures and therefore is not expected to create any additional encroachments. Any parking areas associated with the new use must be landward of the buffer. The existing docks appear to have been constructed without benefit of permits. These docks will be required to be permitted and inspected, including obtaining appropriate wetland alteration permits and/or mitigating for associated impacts (see attached memorandum from Environmental Management). Additionally, any dock that may be used in association with the kayak rental business will need to be retrofitted to meet handicap accessibility standards. The site is accessed from a dedicated easement that contains the driveway to the property from C.R. A1A (South Atlantic Avenue). The driveway is approximately 450 feet long to the nearest property line. It is a mixture of stabilized shell and concrete, approximately 20 foot in width. Improvements will be required to repair the 35-foot turning radius onto C.R. A1A to accommodate minimal commercial traffic. Traffic impact from the kayak rental use has been evaluated and determined to be de minimus. (See attached memorandum from Traffic Engineering.) Development Agreement The Development Agreement contemplates the kayak rental business to be temporary, with approval expiring in 5 years. At the end of this period, the applicant may request an extension of the use, to be approved by County Council, or it may extinguish and only approval for the 4 mobile homes would remain in place. The property shall remain under unified ownership and developed in one phase. Note that no additional development is proposed by this Development Agreement.

5 Page 5 of 39 Land uses within the MPUD include the existing mobile homes and their accessory uses, plus the new uses of a non-motorized boat launch for the kayak/canoe rental use, which is limited to a maximum of 10 rentals per day. This limitation is proposed in order to ensure the commercial use of this property remains low impact and does not trigger the need to upgrade the site to full commercial use standards. By limiting the use to 10 rentals per day, access requirements, health department requirements and site plan review requirements may be relaxed in order to promote a low impact ecotourism use. Should the rentals be found to exceed this limitation, full site plan review shall be required in accordance with Division 3 of the Land Development Code. Development standards reflect the existing conditions of the site, however any new development would be required to maintain a 50-foot upland buffer as discussed above. Landscape buffer requirements are met with existing vegetation. All existing natural vegetation shall be preserved, with the exception of minor clearing that may be needed to gain access to the boat ramp area. Parking shall be in an unimproved parking area as depicted on the conceptual plan. All parking shall be outside of the 50-foot upland buffer area. No off-site signage is allowed, nor is any signage to be visible from the waterside of the property. A 16 square foot sign may be erected on site to direct customers to the parking and launch areas. Access to the site is Bottle Island Road, a 20 foot paved and compacted shell road. This road is deemed sufficient provided the limitations on the commercial use are not exceeded. Should rental activity increase beyond 10 rentals per day, access improvements to the launch site shall be required. Zoning Amendment Criteria Section (e) of the zoning code includes the following criteria for review of rezoning applications: (1) Whether it is consistent with all adopted elements of the comprehensive plan. The proposed MPUD rezoning is considered consistent with the comprehensive plan. The future land use designation of the property is Environmental Systems Corridor. This designation consists of important ecological corridors comprised of environmentally sensitive and ecologically significant lands. Land use activities occurring within these corridors shall not degrade these natural functions and connections. The intention is to provide protected, natural pathways which connect to other protected areas such as parks, conservation lands and water bodies. This inter-connection helps maintain the ecological integrity and ecodiversity of the County s vast natural resources.

6 Page 6 of 39 The MPUD zoning classification is considered conditionally compatible with the ESC land use designation. As such, stricter requirements may be applied or special criteria may be required to ensure the intent of the land use designation. In this case, the property is already developed with four mobile homes, accessory docks and a boat launch. The addition of the ecotourism use will not include any further site development with the exception of a handicap parking space. Further, the use is limited to 10 kayak rentals per day to ensure the impact of a commercial recreational use is compatible with maintaining and protecting environmentally sensitive lands. Future Land Use policy allows development options for ESC lands. The intent of this policy is to permit development that is permissible under the present land use designations, but at the same time to retain lands for agricultural purposes, open space activities, such as hunting or recreational, or natural resource protection. Other policies that support this rezoning are as follows: Future Land Use designations will reflect the inherent capabilities and limitations of the existing natural features of the land Recreational development and open space areas should be encouraged to coincide with the protection of aquifer recharge areas, protection of environmentally sensitive areas, and to provide separation between incompatible uses Volusia County shall provide for adequate and appropriate lands for the location of all land use types (residential, commercial, industrial, agricultural, recreational, conservation and public facility) to support the anticipated population and maximize compatibility with existing uses When reviewing applications for zoning, plan amendments or development orders, shoreline land uses shall have the following priorities: A. Water-dependent uses such as aquaculture and wildlife production, recreation, public access, marinas and navigation, and waterdependent utilities and industry, which do not create a significant adverse impact upon the waters or land use. B. Protection of coastal and natural resources. C. Water enhanced uses such as recreation, certain utilities, commerce and industrial uses. D. Low density residential. E. Non-water dependent or related activities such as intensive urban residential, non-water dependent industry and commerce.

7 Page 7 of 39 F. Of lowest priority are those uses which are non-water dependent, non-water enhanced which result in a reduction of coastal resources. (2) Its impact upon the environment or natural resources. Approval of this rezoning will not impose additional impacts to the environment or natural resources. This site is already developed with four mobile homes, accessory docks and a boat ramp. There will be no new development on the site due to the proposed kayak rental business. Further, this commercial use is limited to 10 customer rentals per day to ensure it remains low impact. Should it exceed this limitation, the MPUD Development Agreement would be required to be amended and approved by County Council and the site would be required to undergo final site plan approval to address any potential impacts of development. (3) Its impact upon the economy of any affected area. Ecotourism uses such as this support an important tourist economy and provide valuable recreational opportunities in our coastal areas. Approval of this MPUD will allow a niche business to establish in the New Smyrna Beach area that will draw a small number of tourists. The impact on the economy of the area is anticipated to be positive as it will encourage tourist dollars to be spent in local establishments. (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. No additional impacts on necessary governmental services are anticipated to occur due to the proposed MPUD. The additional use of the kayak rental business is nonresidential and therefore will not increase any impact on schools. Potable water is not required for this use, subject to the limitation of 10 rentals per day. The use will be served by a portable toilet. No new development is proposed to impact drainage. The addition of the limited ecotourism use will be de minimus on police, fire, solid waste and transportation systems. (5) Any changes in circumstances or conditions affecting the area. A conditional use was approved on this property for a trailer park in In 1980 it was rezoned MH-1 (Mobile Home Park). In 1983 a plan for 13 mobile home units was approved based on the 1977 conditional use approval. The parcel was rezoned in 1992 to RC after adoption of the comprehensive plan and application of the Environmental Systems Corridor future land use designation. Four mobile homes were installed previous to this rezoning. The additional nine units were never installed. It is unknown why the site did not fully develop. There are no other changes in conditions affecting the area since adoption of the comprehensive plan.

8 Page 8 of 39 (6) Any mistakes in the original classification. There are no known mistakes in the original classification. (7) Its effect upon the use or value of the affected area. As discussed above, the proposed MPUD will allow a small ecotourism use to remain in the New Smyrna Beach area. There are no changes to the existing development or property proposed with this zoning change, with the exception of a handicapped parking space. No negative effects upon the use or value of the affected area are anticipated due to the proposed amended BPUD. (8) Its impact upon the public health, welfare, safety, or morals. No negative impacts upon the public health, welfare, safety or morals are anticipated due to the proposed amended BPUD. V. STAFF RECOMMENDATION Staff recommends that the commission forward the rezoning request from Resource Corridor/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (RCW) and Conservation/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (CW) to Mixed Planned Unit Development/ Indian River Lagoon Surface Water Improvements and Management Overlay Zone (MPUDW) zoning classification to the county council with a recommendation of approval, subject to the attached resolution and development agreement, and with the following conditions: 1. Any future development of the property including any clearing, construction of new structures, or installation of new impervious surface area, shall require an amendment to this MPUD and site plan review in accordance with Division 3 of the Land Development Regulations. 2. A Use Permit shall be obtained to restore the driveway turn radius and install other applicable safety improvements at the South Atlantic Avenue driveway, and to install the handicap parking spaces and portable restroom facility within 60 days of county council approval of this rezoning. 3. Any existing structures, including docks to be used in association with the kayak rental business shall be permitted and inspected for compliance with Florida Building Code and Environmental Management requirements. These requirements may include, but not limited to, ensuring handicapped accessibility and obtaining wetland alteration permits. 4. A 50-foot upland buffer shall be observed for any activity associated with the ecotourism use proposed for this property.

9 Page 9 of In accordance with the October 2008 approval of the Webster Creek Unrecorded Subdivision, parcel number (subject property) must be combined with parcel number Prior to final approval of the MPUD, an application for Subdivision Exemption Review must be submitted and approved, to combine these parcels, or a variance to separate the lots must be approved. VI. ATTACHMENTS Order and Resolution Development Agreement Transportation Engineering Memorandum Environmental Management Memorandum Site Photographs Map Exhibits VII. AUTHORITY AND PROCEDURE Pursuant to Section , 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.

10 Page 10 of 39 RESOLUTION A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, APPROVING CASE PUD AND AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM THE RESOURCE CORRIDOR (RC) AND CONSERVATION CLASSIFICATION TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) CLASSIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the application of CYNTHIA J. MCCALLISTER 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, 2017 and otherwise being fully advised, the Volusia County Council does hereby find and determine as follows: A. That the application of CYNTHIA J. MCCALLISTER was duly and properly filed herein on February 26, 2016, as required by law. B. That the Applicant has applied for a change of zoning from the RESOURCE CORRIDOR (RC) and Conservation (C) to MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) for the parcel described in Exhibit A to the Development Agreement for case PUD , McCallister MPUD. The parcel will retain the Indian River Lagoon Surface Water Management Overlay zone. Page 1 of 17 Resolution No McCallister MPUD

11 Page 11 of 39 C. That all fees and costs that are by law, regulation, or ordinance required to be borne and paid by the applicant have been paid. D. That the applicant is the Owner or authorized representative of the Owner of a +/ acre parcel of land, which is situated in Volusia County. This parcel of land is described more particularly in the legal description and the property survey prepared by Danial W. Cory dated last revised on September 20, 2016, a true copy of which are attached as Exhibits "A-1 and A-2" respectively, to the Development Agreement for case PUD , McCallister MPUD. 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 MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) 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, CYNTHIA J. MCCALLISTER, agrees with the provisions of the Development Agreement, which is attached hereto as Exhibit 1. Page 2 of 17 Resolution No McCallister MPUD

12 Page 12 of 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN AN OPEN MEETING DULY ASSEMBLED IN THE THOMAS C. KELLY COUNTY ADMINISTRATION BUILDING, COUNTY COUNCIL MEETING ROOM, DELAND, FLORIDA, THIS DAY OF, A.D.,, AS FOLLOWS: A. That the Application of CYNTHIA J. MCCALLISTER for the rezoning of the subject parcel is hereby granted. B. That the zoning classification of the subject parcel described in Exhibit "A" to the Development Agreement is hereby amended from the RESOURCE CORRIDOR (RC) and Conservation (C) classification to MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) as described in zoning code. The property will retain the Indian River Lagoon Surface Water Management Overlay (W) zone. C. That the Official Zoning Map of Volusia County is hereby amended to show the rezoning of said parcel to MIXED USE PLANNED UNIT DEVELOPMENT INDIAN RIVER LAGOON SURFACE WATER MANAGEMENT (MPUDW). 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 Page 3 of 17 Resolution No McCallister MPUD

13 Page 13 of 39 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. DONE AND ORDERED IN OPEN MEETING. ATTEST: COUNTY COUNCIL COUNTY OF VOLUSIA, FLORIDA James T. Dinneen, County Manager Ed Kelley, County Chair THIS SECTION INTENTIONALLY LEFT BLANK Page 4 of 17 Resolution No McCallister MPUD

14 Page 14 of 39 EXHIBIT 1 Please return recorded document to Volusia County Growth and Resource Management Department 123 West Indiana Avenue, Room 202 DeLand, Florida DEVELOPMENT AGREEMENT (PUD , MCCALLISTER MPUD) A. Development Concept. The property shall be permitted as an MPUD substantially in accordance with the Master Development Plan. The Master Development Plan shall govern the development of the property as an MPUD and shall regulate the future use of this parcel. Any use of the property other than those uses listed below shall require a major amendment to this Development Agreement. 1. Master Development Plan. The Master Development Plan shall consist of the Preliminary Plan prepared by Cynthia J. McCallister, dated October 25, 2016 and this Development Agreement (hereinafter Agreement ). The Preliminary Plan is hereby approved and incorporated in this Agreement by reference as Exhibit "B-1" and B-2. 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. Unless otherwise stated in this Development Agreement, 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 of the zoning code, shall require the review and Page 5 of 17 Resolution No McCallister MPUD

15 Page 15 of 39 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. 3. Site Plan Review. The property as shown on the Preliminary Plan, Exhibit B, is already developed and no new development is contemplated by this Development Agreement, with the exception of a handicapped parking space(s), installation of portable restroom facilities and restoration of the driveway turn radius and other safety improvements at the South Atlantic Avenue driveway. A Use Permit shall be obtained within 60 days of approval of this MPUD and prior to installation of the above referenced improvements. Additional site plan review for the property will only be required if additional development or improvements are proposed to be added to the site beyond that shown on the Preliminary Plan or in accordance with this Agreement. This site plan shall be prepared and submitted for review and approval in the manner required by the land development code, as amended, and shall occur prior to issuance of any permits for construction, including clearing and landfill. B. Unified Ownership. The Applicant or his successors has and shall maintain unified ownership of the subject parcel. C. Phases of Development. The development of the MPUD, as shown on the Preliminary Plan, shall occur in one phase. Page 6 of 17 Resolution No McCallister MPUD

16 Page 16 of 39 D. Land Uses within the PUD. The development of the parcel shall be consistent with the uses prescribed for each area within the proposed MPUD. The parties recognize that the purpose of this Agreement is to allow for the addition of a low impact kayak/canoe launch and rental business for same on the property. The locations and sizes 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: a. Kayak/Canoe rental. The kayak/canoe rental use on the property shall be limited to the temporary kayak launch area depicted on the Preliminary Site Plan, and shall be limited to a maximum of 10 kayak/canoe rentals per day. b. Non-motorized boat launch. c. Four existing single-family mobile home dwellings. Replacement or repair of any of the existing single-family mobile home dwellings shall be in accordance with the zoning code. d. Seven existing docks. Replacement or repair of any of the existing docks shall be in accordance with the zoning code. e. Home occupations, class A (refer to section , zoning code). f. Essential utility services. g. Public uses. 2. Expiration of Approval. Approval of uses a and b above (kayak/canoe rental and non-motorized boat launch) shall expire five years Page 7 of 17 Resolution No McCallister MPUD

17 Page 17 of 39 from the date of approval of Resolution Approval of said use may be extended upon application for a major amendment to the Development Agreement and approval of the County Council. Approval of uses c, d, e, f, and g shall not be subject to the five year expiration. E. Development Standards. 1. Minimum lot area: acres 2. Maximum lot coverage: 10% 3. Maximum lot clearance: 20% 4. Maximum building height: 35 feet 5. Existing Mobile Homes: a. Front yard: 25 feet (measured from edge of pavement of driveway) b. Between Units: 15 feet c. Waterfront yard: 25 feet d. Minimum floor area: 750 sq. ft. 6. Landscape Buffer requirements: All existing natural vegetation shall be preserved except for a single kayak launch access to water. The Applicant shall maintain all existing vegetation and trees on the property to satisfy the landscaping planting and tree protection requirements of the land development code and this Agreement. All open space depicted on the Preliminary Development Plan shall be maintained in its natural state. Page 8 of 17 Resolution No McCallister MPUD

18 Page 18 of Off-street parking and loading requirements: An unimproved parking area for the kayak launch area shall be provided as depicted on the Preliminary Site Plan. One paved off-street parking space shall be constructed meeting the minimum requirements for off-street handicapped parking in the land development code. No trees shall be removed to provide said parking area. 8. Signage requirements: No off-site signage for the Property and its uses is allowed. Onsite signage shall be limited to one sign, a maximum of 16 square feet. No signage shall be visible from the waterside. Otherwise, signs shall comply with applicable requirements of the zoning code as amended, unless otherwise stated by this document. 9. Illumination: No outdoor light usage shall be permitted in the kayak launch area. 10. Common Open Space Requirements: A minimum of 20% of the residential portion of the MPUD shall be common open space, useable by all residents of the MPUD development. Common open space shall be shown on the Preliminary Plan and shall comply with the minimum requirements of Section (4) Open Space Requirements of the zoning code, as amended. 11. Permitting for Use. The Applicant shall obtain all appropriate permits required by the State of Florida and/or other governmental agencies required for use of the kayak launch area. Page 9 of 17 Resolution No McCallister MPUD

19 Page 19 of 39 F. Environmental Considerations. The minimum environmental requirements of Chapter 72 of the Code of Ordinances, County of Volusia, as amended, shall be met. G. Sewage Disposal and Potable Water Facilities. Provisions for sewage disposal and potable water needs of the MPUD will be provided in accordance with the comprehensive plan, the land development code and Fla. Admin. Code Ann. r. 64E-6., as approved by the Florida Department of Health. Sanitary sewer treatment /waste disposal shall be provided as approved by the Florida Department of Health. H. Stormwater Drainage. Provision for stormwater retention shall be in accordance with the land development code and the Indian River Lagoon Surface Water Improvements and Management Overlay Zone for any structures requiring stormwater retention. I. Access and Transportation System Improvements. The existing paved driveway, known as Bottle Island Road, shall be deemed sufficient to meet the internal roadway improvements required by the land development code and this Agreement, subject to the kayak/canoe business serving no more than 10 customer rentals per day. Should the rental activity increase, access improvements to the launch site shall be required in accordance with the land development code as may be modified by the Development Review Committee and/or Volusia County Traffic Engineer. Page 10 of 17 Resolution No McCallister MPUD

20 Page 20 of 39 J. Internal Roadways. No roadways are permitted on the Property except for existing driveway access depicted on the Preliminary Plan. K. Expiration of Development Agreement. This Agreement shall expire within five years from the effective date of this Order and Resolution as stated in subsection D.2., above. The Applicant may petition the Volusia County Council to extend this Agreement for a period not to exceed five years prior to the expiration of this Agreement, pursuant to section of the zoning code. However, the Applicant may terminate this Agreement prior to expiration by notifying the County in writing that the Applicant has agreed to cease use of the benefits granted herein. O. Binding Effect of Plans, Recording, and Effective Date. The Master Development Plan, including any and all supplementary orders and resolutions, shall bind and inure to the benefit of the Applicant and his successor in title or interest. The MPUDW 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 Page 11 of 17 Resolution No McCallister MPUD

21 Page 21 of 39 and Resolution and its subsequent amendments. The applicant shall pay all filing costs for recording documents. DONE and ORDERED by the County Council of Volusia County, Florida, this day of, ATTEST: VOLUSIA COUNTY COUNCIL James T. Dinneen County Manager Ed Kelley County Chair STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of, 2017, by James T. Dinneen and Ed Kelley, as County Manager and County Chair, Volusia County Council, respectively, on behalf of the County of Volusia, and who are personally known to me. NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name: Commission No.: My Commission Expires: Page 12 of 17 Resolution No McCallister MPUD

22 Page 22 of 39 WITNESSES: OWNER(S): Signature Print Name CYNTHIA J. MCCALLISTER (signature) Print Name Signature Print Name State of Florida County of Volusia The foregoing instrument was acknowledged before me this day of, 2017 by CYNTHIA J. MCCALLISTER who is personally known to me or who have produced as identification(s). NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name: Commission No.: My Commission Expires: THIS SECTION INTENTIONALLY LEFT BLANK Page 13 of 17 Resolution No McCallister MPUD

23 Page 23 of 39 EXHIBIT A-1 Legal Description Page 14 of 17 Resolution No McCallister MPUD

24 Page 24 of 39 EXHIBIT A-2 Page 15 of 17 Resolution No McCallister MPUD

25 Page 25 of 39 EXHIBIT B-1 Preliminary Plan Entire MPUD Page 16 of 17 Resolution No McCallister MPUD

26 Page 26 of 39 EXHIBIT B-2 Preliminary Plan Kayak Launch Area Page 17 of 17 Resolution No McCallister MPUD

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29 Page 29 of 39 Inter-Office Memorandum TO: Susan Jackson, Planning Manager DATE: September 21, 2016 FROM: Danielle Dangleman, Environmental Specialist III SUBJECT: Parcel #: Case #: PUD Applicant: Storch Law Firm Environmental Permitting (EP) conducted a site inspection of the property. The property lies along a creek that is part of the Indian River. The area of the property that lies along the natural creek has a fifty (50) foot upland buffer. The man-made canal that runs along the southern portion of the property has a twenty-five (25) foot upland buffer. Any portion of the wetlands and/or buffer cannot be altered without a wetland alteration permit (WAP). EP does not object to this PUD. However, the docks that are existing do not appear to have WAP(s). It is understood that these docks are not part of this project, but they will need to be addressed with the Environmental Management Department. If no documentation can be provided that these structures are permitted or exempt from the Land Development Code, a late fee will be required as well as mitigation for the wetland and/or buffer mitigation. The kayak launch will require a late fee to be paid due to being built without a permit. The late fee prior to October 1, 2016 is $ and the WAP is $ with a concurrent development order review and $ without a concurrent review. Fees will go up after October 1, The handicap parking appears to be in the fifty (50) foot upland buffer. This will require mitigation that will be assessed at time of the WAP. If it is possible, EP will only require one WAP for both the kayak and handicap parking.

30 Page 30 of 39 Driveway entrance onto South Atlantic Ave. Driveway from South Atlantic Ave., heading toward northeast corner of property Northeast corner of property. Driveway heading toward kayak launch area.

31 Page 31 of 39 Northeast corner of property. Trail on left heads along east boundary line of property. Driveway along north property line, heading toward kayak launch area. First mobile home. Open space between mobile homes. To be used for parking area.

32 Page 32 of 39 Driveway narrows past the mobile homes to a one lane. It is a one-way loop entrance to kayak launch area. North side of loop driveway, entering kayak launch area. This where the dropoff area and handicap parking space will be located. Exit side of loop road, leaving kayak launch area.

33 Page 33 of 39 Kayak launch area. Kayak launch area Boat ramp. Dock to the left.

34 Page 34 of 39 Looking at subject property from dock next to boat ramp. View from boat ramp. View from far western point of kayak launch area.

35 Page 35 of 39 OAK TREE DR VAN KLEECK DR WEBSTER CREEK HILLSIDE DR SAXON DR ATLANTIC OCEAN ATLANTIC SHORELINE CR A1A (ATLANTIC AV S) ELWINDER CREEK BOTTLE ISLAND RD BOTHERATION CREEK BOTTLE ISLAND CREEK INDIAN RIVER REQUEST AREA LOCATION 1 " = 1000' I CASE NUMBER PUD

36 Page 36 of 39 BOTTLE ISLAND RD AERIAL 2015 REQUEST AREA 1"= 400' I CASE NUMBER PUD

37 Page 37 of 39 R-3W WEBSTER CREEK BOTHERATION CREEK RCW BOTTLE ISLAND RD CW BOTHERATION CREEK BOTTLE ISLAND CREEK ZONING CLASSIFICATION CONSERVATION RESOURCE CORIDOR RESIDENTIAL 1"= 400' REQUEST AREA I CASE NUMBER PUD

38 Page 38 of 39 ULI ESC BOTTLE ISLAND RD W FUTURE LAND USE DESIGNATION 1"= 400' ENVIRONMENTAL SYSTEMS CORRIDOR WATER URBAN LOW INTENSITY REQUEST AREA CASE NUMBER PUD

39 Page 39 of 39 BOTTLE ISLAND RD ECO/NRMA 1"= 400' ECO NRMA REQUEST AREA CASE NUMBER PUD