November 14, 2017 Planning and Land Development Regulation Commission (PLDRC)

Transcription

1 Page 1 of 38 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT(S): STAFF: November 14, 2017 Planning and Land Development Regulation Commission (PLDRC) PUD Rezoning from Prime Agriculture (A-1) and Resource Corridor (RC) Classifications to the Business Planned Unit Development (BPUD) Classification Lake Winona Road, DeLeon Springs Joyce Shuman, owner Scott Ashley, AICP, Senior Zoning Manager I. SUMMARY OF REQUEST The applicant is requesting to rezone the approximately 15-acre parcel to the Planned Unit Development Classification to allow a commercial storage and distribution business to operate from an existing warehouse building. This type of use requires a Business sub-classification (BPUD) to permit this proposed use. The new business will function as a distribution center involved in the storage and wholesale distribution of distilled alcoholic spirits, wine, pre-packaged foods, fresh fruits and vegetables. It would operate from an existing 13,700 square foot warehouse building previously used as part of the applicant s fern and foliage business for the repackaging and distribution of ferns and flowers. The property contains multiple agricultural use buildings and structures, but only the warehouse building will be used in conjunction with the new storage and distribution business. Staff Recommendation: recommendation of denial. Forward to the county council for final action with a

2 Page 2 of 38 II. SITE INFORMATION 1. Location: East side of Lake Winona Road, approximately ½ mile north of its intersection with Johnson Lake Road, DeLeon Springs. 2. Parcel No: Property Size: acres 4. County Council District: 1 5. Zoning: Agriculture Resource (A-1) and Resource Corridor (ESC) 6. FLU Designation: Agriculture Resource (AR) and Environmental Systems Corridor (ESC) 7. ECO Map: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: Direction Zoning Future Land Use Existing Use North A-1 AR Single-family dwellings and large pasture area. East A-1 AR and ESC Large lot single-family house and vacant woodlands. Further east is Lake Clifton. South A-3 AR and ESC Lake Odom and separate natural pond. West A-2 AR and ESC Across Lake Winona Road, pasture land that is part of same parcel to the north. A small lot single-family dwelling to the southwest. 10. Location Maps ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 38 III. BACKGROUND AND OVERVIEW The subject property lies in a rural area north of DeLeon Springs. The area is characterized with residential dwellings on various acreage-sized parcels and with some commercial and personal agriculture uses. The site is split between the A-1 and RC zoning classifications. Many surrounding properties follow the same zoning pattern due to two adjacent lakes and an environmental corridor. Properties with split zoning are ordinarily required to meet the minimum lot size for each classification as if they are two separate parcels. In this case, the minimum size would be 10 acres for A-1 and 25 acres for RC. However, in this split zoning situation with the RC classification, no minimum area or width requirements for the portion of the lot classified as RC is required, provided minimum lot area and width requirements of the zoning classification of the property not classified as RC is met. Nonetheless, the property is currently considered to be conforming as the A-1 zoned portion of the property is in compliance with lot size requirements of the code. The property has access to Lake Winona Road, a paved, county-maintained road. This site contains ten buildings pursuant to the applicant submitted property survey. Eight of the buildings are referenced as metal buildings or pole barns, one is a small singlefamily dwelling, while the last structure is a large concrete building that includes an office, warehouse area and a cooler. This latter building was previously used to store ferns and other ornamental plants and flowers. These plants were stored in the cooler until ready to be packaged for distribution. IV. REVIEW CRITERIA AND ANAYLSIS BPUD PROPOSAL: The property owner plans to lease the above-mentioned warehouse building on the property to Arco Globus International. This company imports various products, such foodstuff and beverages, wines and spirits. It is a wholesale-based company focused on distributing products that are manufactured elsewhere. Arco Globus intends to move its Fort Lauderdale, Florida operations to the site, which will become its new distribution center for the storage and wholesale distribution of distilled alcoholic spirits, wine, pre-packaged foods, fresh fruits and vegetables. Wines and spirits products will be shipped directly to local restaurants, package stores, or bars, while the foodstuffs

4 Page 4 of 38 are distributed to convenience stores. According to a company representative, typical shipment activity to the site will consist of two semitrailer truck deliveries per week and daily product distributions to the company s four county service area (Volusia, Flagler, Putnam and Seminole) by two or three 20-foot panel vans. The company may employ up to six people initially, but staff may increase with anticipated business growth. Arco Globus International proposes to only lease the large on-site building that contains an office, warehouse storage space and a two refrigerated storage coolers. This building footprint totals approximately 13,700 square feet. The remaining eight on-site storage structures will continue to be used for agriculture storage purposes. Pursuant to information provided by a company representative, the business would operate Monday through Friday from 8 a.m. to 5 p.m. Overall, the property will remain agricultural in character. Although the subject property is approximately 15 acres, the area devoted for the proposed warehouse and distribution use will only cover about one acre within the center of the site. The property affords substantial setbacks along the property boundaries. There is an open pasture land to the west and wetlands to the southwest associated with adjacent Lake Odom. BPUD MASTER DEVELOPMENT PLAN: Staff has reviewed the proposed Master Development Plan that consists of a preliminary plan and a written development agreement. The preliminary plan consists of a current property survey, dated August 19, 2017, that depicts the existing buildings on site. No additional structures are proposed. The site contains a 13,700 square-foot enclosed concrete building. This building contains an approximate 2,500 square-foot office space and approximately 11,200 square feet of warehouse area and enclosed entry. The development agreement limits the type of use by square footage, and provides assurance that any combination of uses shall not exceed the 13,700 square-foot envelope of the existing warehouse/cooler building. The site also contains a narrow driveway to Lake Winona Road that is adjacent to the north property line, however there is no existing off-street parking area delineated. Approximately five acres of the property is developed with buildings and internal driveways. This survey shows the existing property conditions and does not constitute site plan approval. Pursuant to the zoning code, a land development review of this development proposal shall take place to evaluate compliance with applicable sections of Chapter 72 of the Code of Ordinances, including but not limited to, landscaping, off-street parking and stormwater management. However, an initial review of the attached survey/plan has generated the following staff comments: 1. A county Commercial Driveway Permit may be required to improve the existing access point to commercial driveway standards.

5 Page 5 of Environmental staff indicates the property area east of the clearing is part of a wetland system. An upland buffer of 50 feet from the wetland is required. 3. Drive aisles and parking areas must be clearly defined and fully dimensioned in compliance with the standards of the land development code (LDC), including 24 feet width for two-way drive aisles. Additionally, pursuant to Section (a)(3)c of the LDC, the minimum distance from a drive aisle to a structure or property line must be five feet. 4. ADA requirements may be applicable to this change of use, such as provide paved accessible routes to the office/warehouse building and a handicapped designated parking space. ZONING AMENDMENT CRITERIA: Section (e) of the zoning code includes the following criteria for review that the Commission and the Council shall consider during the review of a rezoning application as follows: (1) Whether it is consistent with all adopted elements of the comprehensive plan. The subject property has an Agriculture Resource future land use designation north of DeLeon Springs. This future land use designation is described in the comprehensive plan as follows: Agriculture Resource (AR): This designation consists of lands suited for intensive cultivation, ranching, aquaculture, and timber farming. The criteria used to identify these areas includes the soil quality, existing or potential value of production, existing agricultural uses, parcel size, ownership patterns, and investment in farming. In order to protect the agricultural industry, it is important that uses incompatible with agriculture, and uses and facilities that support or encourage urban development are not allowed. In addition, to facilitate a diversification of land uses within AR areas, nonagricultural uses, such as agri-tourism, recreation, disposal and extractive uses may be allowed. However, to protect the viability of agriculture, such uses should be ancillary to the primary agricultural use of the property. According to the Future Land Use/Zoning Consistency Matrix, the proposed BPUD zoning classification is generally conditionally compatible with the AR future land use designation. However, because each PUD is unique, the specific BPUD proposal must also be found to be consistent with goals, objectives, and policies of the entire comprehensive plan. The following Future Land Use Element policies are generally applicable to the proposed use in a rural residential area. POLICIES: Nonresidential development may be permitted within rural areas provided it meets the appropriate location criteria and the following standards:

6 Page 6 of 38 a. Commercial uses should contain retail and personal services intended to primarily serve the immediate population, but may allow uses that cater to visitors to Volusia County; b. The amount of commercial development appropriate for any rural area should be relative to the population being served and the character of the community but should not exceed a thirty-five percent Floor Area Ratio (0.35 FAR); c. Commercial uses should be concentrated at the center of activity in a cluster and preferably at the intersection of major roadways; and, d. Industrial uses should not disrupt the rural lifestyle in the community by not generating excessive noise, fumes, traffic, wastes/pollution or consuming inordinate amounts of ground water. In addition, industrial uses shall not be located within Rural Recreation areas Business uses as outlined under the Commercial designation and appropriate rural oriented recreational uses, excavations, and disposal operations that need a Special Exception may be permitted in non-urban areas within the following guidelines: a. Size of parcel should not exceed 5 acres, unless the use can be specifically related to agricultural support such as sawmills or processing, packaging, storage, and shipping of agricultural products, rural oriented recreational use, or is a disposal or extraction oriented use. A Floor Area Ratio of up to thirty-five percent (0.35 FAR) will apply unless the use is specifically related to agricultural support or is a disposal or extraction oriented use; b. Uses must be located on major roadways or intersections with major roadways and not be allowed to locate on local or unpaved roads; c. Signage shall comply with Section , Thoroughfare Overlay Zone regulations from the Zoning Ordinance 80-8, as amended; and d. Business uses shall not disrupt the rural lifestyle by being compatible with the area's rural character (does not generate increased traffic, generally serves the local population and agricultural uses, be of single use, low profile, limited square footage format, etc.) Staff does not find the proposed business compatible with the standards and guidelines addressed in the two referenced policies nor with the established low-density residential development pattern of the area. It represents the kind of quasi-industrial intensification of the property and neighborhood that is supposed to be discouraged. The warehouse/cooler building exists because it was associated with an agriculture industry

7 Page 7 of 38 very much prevalent when the structure was built. This agriculture pursuit involved locally grown and cultivated ornamental plants that were assembled and packaged for shipping. The proposed distribution center consisting of the temporary storage and movement of pre-packaged products being shipped to a four-county service areas is not compatible with Policy subsection a. and c., and Policy subsection d. Pursuant to these particular policy references, commercial uses in a non-urban area should be limited to those that serve the immediate local population and agricultural uses. In addition, the commercial uses should be situated in an activity center clustered near similar uses at the intersection of major roadways. This requested use is not a retail or personal services use intended to serve the surrounding community of DeLeon Springs, or Volusia County. As a distribution business, the lessee shall serve more than the immediate area by transporting, to several Florida counties, goods that are neither produced nor originated from the business proposed rural home base. The subject property is nearly two miles from the nearest intersection with a major roadway (US Highway 17). (2) Its impact upon the environment or natural resources. The site is already developed and no new structural improvements are being proposed. However, as a change of use certain site development improvements would be necessary. However, no impacts to the environment or natural resources may occur to implement BPUD requirements as the majority of the property is already cleared. (3) Its impact upon the economy of any affected area. By itself, the rezoning is not likely to impact the economy. The proposed new business may maintain the rural character of the property, employ less than 10 people, and is anticipated to have minimal impact on the area roadway network. (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 amended BPUD. (5) Any changes in circumstances or conditions affecting the area. There have been no changes in circumstances or conditions affecting the surrounding area.

8 Page 8 of 38 (6) Any mistakes in the original classification. There are no mistakes in the property s current zoning classification. The purpose and intent of the A-1 Prime Agriculture classification is to provide for development, in a manner which is consistent with the comprehensive plan, in rural areas of the county. (7) Its effect upon the use or value of the affected area. The proposed amendment will allow a distribution business on the property. There are no changes to the buildings or property proposed with this zoning change. However, the rezoning has the potential to negatively affect the use and value of the area. The current warehouse building was constructed pursuant to a 1995 special exception that was granted on the property to allow processing, packaging, storage, retail, or wholesale sales of agricultural products not raised on the premises. The special exception allowed the owner to operate a foliage processing facility on the property. At the time the special exception was granted, the neighborhood was considered more commercial agricultural in character. A special exception is defined in the county code as: A use expressly so designated that would not be appropriate generally or without restriction throughout a particular zoning classification but that would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals or general welfare, if controlled in number, area, location, relation to the neighborhood, or in other appropriate respects. In layman s terms, this means that special exception uses are acceptable in limited numbers and with appropriate restrictions, but if replicated on every property would change the character of the area in a negative way. The requested rezoning as proposed is not compatible with the adjacent residential properties on Lake Winona Road because it will allow non-agriculture commercial use inconsistent with surrounding properties. The commercial use of the site in the middle of a low-density residential and agriculture area has the potential to negatively impact residential property values in the vicinity. (8) Its impact upon the public health, welfare, safety, or morals. This rezoning should not have a negative impact upon the public health, welfare, safety or morals of the neighborhood. V. STAFF RECOMMENDATION Staff recommends that the commission forward the rezoning request, PUD , rezoning from the Prime Agriculture (A-1) and Resource Corridor (RC) zoning classifications to the Business Planned Unit Development (BPUD) and Resource Corridor (RC) zoning classifications to the county council with a recommendation of denial. However, if the PLDRC considers that the requested rezoning application does meet the

9 Page 9 of 38 criteria for a zoning amendment, staff recommends that your consideration be subject to the following conditions: 1. The amendment is subject to the enclosed staff recommended resolution and development agreement. 2. Use of the parcel shall be subject to submittal of a site plan to the Land Development Division for review to evaluate compliance with applicable zoning and land development code requirements. 3. The distribution center days and hours of operations shall be limited to a schedule of Monday through Friday, from 8:00 a.m. to 5:00 p.m. 4. 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 BPUD and additional site plan review in accordance with Division 3 of the Land Development Regulations. 5. The commercial distribution center use is limited to the 13,700 one-story concrete block cooler building shown on the BPUD survey/site plan enclosed with this staff report. If this building is demolished or removed from the property, then a comparable size building shall be the only type of structure eligible to replace it, subject to the abandonment provision of section of the zoning code. 6. If the proposed land use is discontinued, ceases to operate or abandoned for twelve (12) consecutive months, the Exhibit 1 Development Agreement portion of the applicable resolution for case PUD shall expire. VI. ATTACHMENTS Order and Resolution Development Agreement Review Comments 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

10 Page 10 of 38 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.

11 Page 11 of 38 RESOLUTION A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA APPROVING PUD AND AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM THE A-1 AND RC CLASSIFICATIONS TO THE BPUD AND RC CLASSIFICATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the application of Joyce Shuman (hereinafter referred to as the Applicant ) for rezoning was heard by and before the Volusia County Council, Volusia County, Florida on December 7, Based upon the verified Application and other supporting documents, maps, surveys, and 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 November 14, 2017, and otherwise being fully advised, the Volusia County Council does hereby find and determine as follows: A. That the application of for approval of PUD and amendment of the Official Zoning Map was duly and properly filed herein on October 25, 2017, as required by law. B. That the Applicant has applied for a change of zoning from the Prime Agriculture (A-1) and Resource Corridor (RC) classifications to the Business Planned Unit Development (BPUD) and Resource Corridor (RC) classifications for 1 of 17 Resolution 2017-xxx Arco Globus BPUD

12 Page 12 of 38 the parcel described in Exhibit A to the Development Agreement for PUD 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 fifteen (15) acre parcel of land situated in Volusia County. This parcel of land is described more particularly in the property survey and legal description, a true of copy of which is attached as Exhibit A to the Development Agreement for PUD E. That the Applicant has held a pre-application meeting as required by Chapter 72, County Code of Ordinances, as amended. F. That the Applicant has complied with the Due Public Notice requirements of Chapter 72, County Code of Ordinances, as amended. G. That the said rezoning to BPUD 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 Chapter 72, Article II, 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, Joyce Shuman, 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 2 of 17 Resolution 2017-xxx Arco Globus BPUD

13 Page 13 of 38 THOMAS C. KELLY COUNTY ADMINISTRATION BUILDING, COUNTY COUNCIL MEETING ROOM, DELAND, FLORIDA, THIS 7TH DAY OF DECEMBER, 2017, AS FOLLOWS: A. That the Application of Joyce Shuman for the rezoning of the subject parcel is hereby granted. B. That the zoning classification of the subject parcel described in Exhibit A to the Development Agreement is hereby amended from the A-1 Prime Agriculture / RC Resource Corridor classification to BPUD Business Planned Unit Development / RC Resource Corridor as described in the Zoning Ordinance of Volusia County, Florida. C. That the Official Zoning Map of Volusia County is hereby amended to show the rezoning of said parcel to BPUD. D. With respect to any conflict between the Zoning Ordinance of Volusia County, Florida and this Resolution or the attached Agreement, the provisions of this Resolution and Development Agreement shall govern. The Zoning Ordinance of Volusia County, Florida 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 Chapter 72, Article III, Code of Ordinances, County of Volusia ( land development code ). 3 of 17 Resolution 2017-xxx Arco Globus BPUD

14 Page 14 of 38 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, Chair [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 4 of 17 Resolution 2017-xxx Arco Globus BPUD

15 Page 15 of 38 Please return recorded document to: Volusia County Growth and Resource Management 123 W. Indiana Ave., Room 202 Deland, FL EXHIBIT 1 DEVELOPMENT AGREEMENT PUD A. Development Concept. The property shall be developed as a BPUD substantially in accordance with the Master Development Plan. The Master Development Plan shall govern the development of the property as a BPUD 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 Efrid Surveying Group, Inc., dated August 19, 2017 and this Development Agreement (hereinafter referred to as the 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 , Code of Ordinances, 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. 5 of 17 Resolution 2017-xxx Arco Globus BPUD

16 Page 16 of Subdivision Approval. After the Master Development Plan is recorded, and prior to any construction, including clearing and landfill, applications for Overall Development Plan and subsequently Preliminary Plats and Final Plat(s) for any area that may be subdivided shall be submitted for review and approval in the manner required by Division 2, land development code, as amended. 4. Final Site Plan Approval. After the Master Development Plan is recorded, and prior to issuance of any permits for construction, including clearing and landfill, the project shall comply with the Final Site Plan Approval Procedures as set forth by Article III, Division 3, of the land development code, as amended. The first step in the process is submission of a Conceptual Site Plan application, pursuant to Section (c)(1), of the land development code. The property owner shall have a maximum of ninety (90) calendar days after final approval of this rezoning application to submit a complete site plan application to the Volusia County Land Development Manager according to the requirements of the land development code, as amended. 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, or until after issuance date of the Final Subdivision Plan Development Order, whichever applicable. C. Land Uses Within the BPUD. The development of the parcel shall be consistent with the uses prescribed for each area within the proposed BPUD. The general 6 of 17 Resolution 2017-xxx Arco Globus BPUD

17 Page 17 of 38 location and size of said land use areas are shown on the Preliminary Plan, Exhibit B. The following land uses shall be allowed as permitted principal uses and structures on the property: EXISTING BUILDING INVENTORY: 1. Enclosed concrete block building 13,700 sq. ft. Office Space (x sq. ft.) Cold Storage (x sq. ft.) 2. Metal Building Open Storage 3,200 sq. ft. 3. Metal Building Open Storage 4,800 sq. ft. 4. Metal Building Open Storage 960 sq. ft. 5. Pole Barn Agricultural Storage 1,824 sq. ft. 6. Metal Building Open Storage 3900 sq. ft. 7. Pole Barn Open Storage 234 sq. ft. 8. Pole Barn Open Storage 576 sq. ft. 9. Frame Building Single-family unit 660 sq. ft. Total existing under roof square footage 29,854 sq. ft. PERMITTED USES AND MAXIMUM ALLOWABLE SQUARE FOOTAGE 1 : Permitted Uses: 1. Distribution Center. Storage and distribution of wines, distilled spirits and foodstuffs a. General Office ±2,500 sq. ft. b. Cold Storage Shipping and Receiving ±10,000 sq. ft. c. Covered Entry ± 1,200 sq. ft. Total Square Footage 13,700 sq. ft. 2. Warehouse/Storage. a. Storage of agricultural products not 1 a. The listed square footage for each use is the maximum square footage allowable on site for each use. b. All use or activity, other than staff vehicle parking, shall be in existing, designated areas under roof. Employee parking shall be in areas designated on the site plan for such use or activity. c. No combination of use shall exceed xxx square feet. d. Enclosed square footage shall not, without approved amendment of this Agreement, exceed xxx square feet. e. No wholesale or retail sales shall occur within the BPUD. 7 of 17 Resolution 2017-xxx Arco Globus BPUD

18 Page 18 of 38 raised on the premises 15,494 sq. ft. The commercial distribution center use is limited to the 13,700 one-story concrete block cooler building shown on the BPUD survey/site plan enclosed with this agreement. If this building is demolished or removed from the property, then a comparable size building shall be the only type of structure eligible to replace it, subject to the abandonment provision of section of the zoning code. D. Development Standards. 1. Total rezoning area: ±15 acres 2. Minimum lot width: 500 feet 3. Minimum lot depth: 1,103 feet 4. Minimum yard side (building): a. Front yard: 100 feet b. Rear yard: 50 feet c. Side yard abutting any lot: 30 feet d. Side yard abutting any street: 30 feet 5. Maximum lot coverage: 30% 6. Maximum building height: 35 feet 7. Landscape buffer requirements: Required landscaping shall comply with the minimum requirements of Section , Code of Ordinances, as amended, except as otherwise stated in this Agreement. At least fifty (50%) percent of required landscaping shall be native species that is drought tolerant. 8. Off-Street Parking: Off-street parking and loading spaces shall meet the applicable requirements of Section of the zoning code, and Section of the land development code, as amended. 8 of 17 Resolution 2017-xxx Arco Globus BPUD

19 Page 19 of Signage Requirements: No signage shall be permitted on the site related to the proposed permitted use. 10. Site illumination: All exterior site lighting shall be designed, constructed, and maintained so that no light source is directly visible from the right-of-way of County Road 4023 (Lake Winona Road) and all other adjacent properties. Site and exterior building lighting fixtures shall also include lighting cut-off shields that reduce inadvertent illumination of the sky. Also, site lighting illumination shall be limited to a maximum of one (1) lumen as measured at the property or right-of-way line. 11. Hazardous substances. No hazardous substances, which pose a substantial threat to life, health, or safety of persons or property, or to the environment, shall be stored, used or applied on the subject property, in accordance with Section , Code of Ordinances. E. Environmental Considerations. The minimum environmental requirements of Chapter 72, Code of Ordinances, as amended, shall be met. F. Sewage Disposal and Potable Water. Provision for sewage disposal and potable water needs of the BPUD shall be provided in accordance with the Comprehensive Plan; Ordinance 90-10, as amended; the land development code, as amended; and the applicable provisions of the Florida Administrative Code. 9 of 17 Resolution 2017-xxx Arco Globus BPUD

20 Page 20 of 38 G. Stormwater Drainage. Any expansion or modification of the existing development and/or stormwater retention system shall be in accordance with the land development code, as amended. H. Access and Transportation System Improvements. Access and transportation system improvements shall be provided in accordance with the land development code, as amended. The parcel shall be developed in substantial accordance with the following access and transportation system improvements: 1. Access. Access will be from County Road 4023 (Lake Winona Road) via a single, two-way driveway as illustrated in Exhibit B. 2. BPUD Transportation System Improvements. Road and/or driveway improvements to Lake Winona Road may be required to ensure safe ingress and egress to the proposed new commercial use. In the event of new on-site construction with the BPUD Property, the Applicant may be required to provide road improvements, such as turn lanes and other work within the right-of-way, as required by driveway permits and the modified site plan for the subject property. I. Fire Protection. The applicant is responsible for providing adequate on site water supply and other fire protection improvements to serve the BPUD 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. 10 of 17 Resolution 2017-xxx Arco Globus BPUD

21 Page 21 of 38 J. Additional Requirements. 1. Building Permits: The Owner/applicant must obtain all permits for any proposed interior renovation work within ninety (90) days of approval. 2. Screening of Vehicles: Service and delivery vehicles shall be screened from the public right-of-way of Lake Winona Road by parking and storing them on the east side of the warehouse building and/or landscaped to a minimum height of six (6) feet to limit visibility. 3. Screening of Solid Waste Receptacle: Any solid waste containers provided for the business shall be enclosed by a minimum six (6) foot high structural screen. The front of the enclosure shall be gated and must not be viewable from a public right-of-way of Lake Winona Road. 4. Days and Hours of Operations: The distribution center site operations shall be limited to a schedule of Monday through Friday, from 8:00 a.m. to 5:00 p.m. K. Expiration of Development Agreement. The Applicant shall file a final site plan within ninety days 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. The commercial distribution center use is limited to the 13,700 one-story concrete block cooler building shown on the BPUD survey/site plan enclosed with this development agreement. If this building is demolished or removed from the property, then a comparable size building shall be the only type of structure eligible to replace it, subject to the abandonment provision referenced in the document. 11 of 17 Resolution 2017-xxx Arco Globus BPUD

22 Page 22 of 38 If the permitted principal commercial use is discontinued, ceases to operate or abandoned for twelve (12) consecutive months, the development agreement shall be rendered null and void. M. 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/Owner and his successor in title or interest. The BPUD zoning, provisions of the Development Agreement, and all approved plans shall run with the land and shall be administered in a manner consistent with Division 9 of the zoning code, as amended. This Order and Resolution and all subsequent Orders and Resolutions shall be filed with the Clerk of the Circuit 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 the BPUD or its subsequent amendments. The applicant shall pay all filing costs for recording the documents. L. Conceptual Approval. The parties hereto acknowledge that reductions in density and/or intensity may and do occur; and that minor changes to roadway design, location, and size of structures, actual location of parking places, specific locations for 12 of 17 Resolution 2017-xxx Arco Globus BPUD

23 Page 23 of 38 land uses, and location and design of stormwater storage, landscape buffers and upland buffers may result to comply with the Land Development Code, as amended. Upon determination of the Zoning Enforcement Official, these revisions may be processed as minor amendments as set forth in Section (6), Code of Ordinances, as amended. The Applicant agrees to revise and record the Revised Preliminary Plan which reflects any such changes with the Clerk of the Circuit 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 13 of 17 Resolution 2017-xxx Arco Globus BPUD

24 Page 24 of 38 DONE AND ORDERED by the County Council of Volusia County 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, 201_, 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 14 of 17 Resolution 2017-xxx Arco Globus BPUD

25 Page 25 of 38 JOYCE SHUMAN, Owner WITNESSES: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of, 201_, by JOYCE SHUMAN. She is [ ] personally known to me or [ ] has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA 15 of 17 Resolution 2017-xxx Arco Globus BPUD

26 Page 26 of 38 EXHIBIT A LEGAL DESCRIPTION ACRES S 1/8 OF LOT 3 E OF CO RD & N 5 CHS OF LOT 6 E OF CO RD PER OR 7434 PG of 17 Resolution 2017-xxx Arco Globus BPUD

27 Page 27 of 38 EXHIBIT B 17 of 17 Resolution 2017-xxx Arco Globus BPUD

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30 Page 30 of 38 REVIEW COMMENTS Case: PUD RSN: LAND DEVELOPMENT Samantha West November 8, 2017 Comments: 1. The subject parcel was created prior to 1978 per the 1978 tax rolls and fronts on a publicly maintained roadway. The subject parcel complies with the county's subdivision regulations. 2. Any site improvements as required for the proposed use will require site plan review, under Division 3, of the LDC. The first step in the process is submission of a conceptual site plan pursuant to Section , of the LDC. * * * * * * ENVIRONMENTAL MANAGEMENT Keith Abrahamson October 25, 2017 Comments: Environmental Permitting (EP) staff has reviewed this application and conducted a site inspection. EP has no objection to this request. However, the applicant/owner needs to be aware that all of the Land Development Code Environmental regulations must be followed. * * * * * * FIRE SERVICES Chris Weir October 26, 2017 Comments: No issues from Fire * * * * * *

31 Page 31 of 38 Excerpt from minutes of meeting of the County Council, Volusia County, Florida, in regular session October 19, These minutes have not been approved by the County Council and are therefore UNOFFICIAL AND SUBJECT TO CHANGE OR CORRECTION. Item 10 FILE NUMBER 5107 DISTRICT 1 A Appeal of zoning enforcement official determination to disallow a special exception application for warehousing of distilled spirits, wines, and perishables on Prime Agriculture (A-1) and Resource Corridor (RC) zoned property; Applicant: Christopher Calabucci, agent for Joyce Shuman, owner. Clay Ervin (386) x12000 Palmer M. Panton (386) x12736 Scott Ashley (386) x12014 Clay Ervin, Director of the Growth and Resource Management Department, gave the staff report on an appeal of a zoning officer s determination to not accept an application for a special exception. The subject property was subject to a special exception in 1995 for warehousing for agricultural products not grown on the site. The owner was approached and asked if they could use that same structure for distribution of groceries to smaller convenience stores. That type of use was not allowed by right or by special exception in the current zoning. The zoning was prime agricultural A- 1. Staff felt that couldn t be accepted as the special exception would be granting a variance to the use. An aerial location map from the Agenda Item on page was displayed on the overhead screens. If the Council believed that the property owner should be given the right to at least try to get that use re-established, staff would request that the Council uphold staff s determination that the application was not appropriate but refer the property owner to proceed with a Business Planned Unit Development (BPUD). This would address that the property owner had fair and equitable use of the property and building. Council Member Patterson said he had gone to the site many times. The property with the warehouse brought revenue to the County of approximately $4, in property taxes and the owner had an opportunity to use the property. Council Member Patterson moved to UPHOLD the zoning enforcements official interpretation, but to process the application as a BPUD and use the current fees paid and not charge additional fees. The motion was seconded by Council Member Lowry. Public Participation Chair Kelley announced there were public participants and Assistant County Attorney Michael Rodriguez noted that since this was an appeal of the zoning official s interpretation, it should not have been slated as a public hearing. The Council could hear from the applicant and staff. Council Member Lowry clarified that we were denying the appeal and the funds collected from the applicant would go towards the application process of a BPUD. The motion CARRIED 7-0.

32 MORMON TR Page 32 of 38 TAL L TIMBER RD CR 4034 (BLACKWELDER RD) PASTURE RD YELLOW PINE TR CR 4023 (LAKE WINONA RD) PATTILLO DR WINNING WOOD TR DAWSON BROWN RD JOHNSON LAKE RD FIESER LN BARNHILL LN REQUEST AREA LOCATION 1 " = 1000' ± REZONING CASE NUMBER PUD

33 CR (L AKE WIN O NA RD) PATTILLO DR Page 33 of 38 AERIAL 2015 REQUEST AREA 1"= 400' ± REZONING PUD

34 Page 34 of 38 CR 4023 (LAKE WINONA RD) A-1 PATTILLO DR FR(4) RC ZONING CLASSIFICATION AGRICULTURAL FORESTRY RESOURCE RESOURCE CORRIDOR REQUEST AREA I 1"= 400' REZONING CASE NUMBER PUD

35 PATTILLO DR Page 35 of 38 FR FR CR 4023 (LAKE WINONA RD) AR W ESC AR W AR FUTURE LAND USE DESIGNATION ENVIRONMENTAL SYSTEMS CORRIDOR AGRICULTURE RESOURCE WATER FORESTRY RESOURCE REQUEST AREA 1"= 400' ± REZONING CASE NUMBER PUD

36 PATTILLO DR Page 36 of 38 CR 4034 (BLACKW ELDER RD) CR 4023 (LAKE W INONA RD) ECO/NRMA 1"= 400' ECO NRMA REQUEST AREA ± REZONING PUD

37 PATTILLO DR Page 37 of 38 FR CR 4034 (BLACKWELDER RD) FR CR 4023 (LAKE WINONA RD) AR ESC W AR W AR ESC FLU DESIGNATION REQUEST AREA ESC I AR; ACRES ESC; 3.37 ACRES 1 in = 400 ft

38 Page 38 of 38 CR 4034 (BLACKWELDER RD) FR(4) A-1 PATTILLO DR FR(4) CR 4023 (LAKE WINONA RD) RC A-1 A-1 ZONING CLASSIFICATION REQUEST AREA A-1; ACRES RC; 3.75 ACRES PROPOSED: FROM A-1 TO BPUD I 1 in = 400 ft