Special exception for a recreational area on Prime Agriculture (A-1) zoned property. 385 Gobblers Lodge Road, Osteen. Susan Jackson, AICP, Planner III

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1 Page 1 of 22 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, Room 202, DeLand, FL (386) PUBLIC HEARING: April 14, 2015 Planning and Land Development Regulation Commission (PLDRC) CASE NO: SUBJECT: LOCATION: APPLICANT/OWNER: STAFF: S Special exception for a recreational area on Prime Agriculture (A-1) zoned property 385 Gobblers Lodge Road, Osteen Daniel Levesque Susan Jackson, AICP, Planner III I. SUMMARY OF REQUEST The applicant is requesting a special exception to establish a Recreational Area use for an archery club on 10 acres, located on Gobblers Lodge Road in Osteen. The recreational use will consist of an archery target range and a 3D field target range set around a wooded area on the property. This use will operate seasonally as an ancillary use to the applicant s existing single-family dwelling and current agricultural use. Staff Recommendation: Forward to county council for final action with a recommendation of approval with staff recommended conditions.

2 Page 2 of 22 II. SITE INFORMATION 1. Location: The property is located on Gobblers Lodge Road, approximately ¼ mile north of Maytown Road and ½ mile east of Pell Road, the nearest community being Osteen. 2. Parcel Number(s): Property Size: 10 acres 4. Council District: 3 5. Zoning: Prime Agriculture (A-1) 6. Future Land Use: Agricultural Resource (AR) 7. ECO Map: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND CURRENT USE USE North: A-1 AR Single-Family/Agriculture East: A-1 AR Agriculture/Pasture South: A-1 AR Agriculture/Pasture West: A-1 AR Single-Family/Agriculture 10. Future Land Use and Zoning Maps FUTURE LAND USE MAP ZONING MAP

3 Page 3 of 22 III. BACKGROUND AND PREVIOUS ACTIONS The applicant, Daniel Levesque, is requesting this special exception in order to establish an archery club on his 10-acre parcel located on Gobblers Lodge Road. The property is remotely located, six (6) miles east of Osteen and ¼ mile north of Maytown Road. Surrounding properties are primarily agriculture in nature; pastureland and timberland. However, there are a few scattered homes in the area. The property is Mr. Levesque s homestead. He purchased the property in 2003 and built his home in He currently uses the balance of the property as cattle pasture. The property is located in a pocket of out-parcels that are surrounded by the Farmton Local Plan. The Farmton Village land use surrounds this pocket to the north, east and west. To the south are Greenkey and the Southwest Wildlife Corridor. The out-parcel properties abutting the applicant s property on the east and south are owned by the same entity that owns the Farmton lands; however, they are not included in the Local Plan at this time. The Farmton Village land use requires a 200-foot boundary buffer to be maintained to minimize visual and noise impacts on surrounding land owners. The applicant is an archery enthusiast and desires to share his enthusiasm for the sport by establishing an archery facility where people can come to learn and practice the sport. The range would consist of a shooting range located along the east side of the property and a 3D course located in the middle of the property. Archers using the shooting range would be aiming for targets set at 10 yard intervals, up to 100 yards. This area will be separated from the 3D course by a row of trees planted along the western side of the range. The 3D course is designed to shoot from elevated platforms located along the edge of a 2.5-acre wetland area in the middle of the 10-acre parcel. Archers will aim at targets set in amongst the trees to simulate a hunting experience. Both the range and 3D course platforms comprise a total of ten shooting stations. A 50-foot buffer is designated around the portion of the property that will be dedicated to the archery use. A 15-foot landscaped buffer will be planted along the south and east property lines to enhance natural vegetation and provide a visual and safety barrier to the abutting properties.

4 Page 4 of 22 Per the applicant s written explanation, the archery club is to be a seasonal facility, open from September through March. The proposed hours of operation will be weekdays from 10:00 am to dusk, and weekends from 8:00 am to dusk. There will be a 10 stall parking area provided, including one handicap stall. An ADA portable toilet will be provided. Approximately 20 archers can be accommodated on the range at any one time. IV. REVIEW CRITERIA AND ANALYSIS Recreational Area Code Requirements The use of an archery range facility is considered a sports and recreation use under the A- 1 zoning classification, and can be processed as a special exception for a Recreational Area. Recreational Areas are defined as Privately owned and operated facilities providing recreation and sport uses such as golf courses, country clubs, swim clubs, tennis clubs, and the like. Private recreational facilities are generally sustained through the sales of memberships, but may be open to the general public for a feej In order to approve a recreational area in the A-1 zone, section (3) specifies certain conditions that must be met as follows: a. The total lot area covered with the principal and accessory building shall not exceed 15 percent. The property contains a house and a detached garage/barn on 10 acres. The combined building square footage is well below the 15-percent threshold. b. No dwelling units shall be provided on the premises except for living quarters for a resident manager, watchman or caretaker. Those living quarters, if any, shall be constructed as part of the principal building. The property contains the applicant s single-family dwelling. It is the principal building on the property. c. No principal or accessory building, swimming pool or tennis court shall be located less than 50 feet from any lot line. Therefore, any recreational related structure must observe a 50-foot setback. All buildings located on the property meet this setback. The area delineated as the shooting range and all the 3D shooting platforms also meet this setback. d. No outdoor loudspeaker or call system shall be audible on adjoining property. There is no outdoor loudspeaker or call system proposed. Staff recommends a condition that will ensure no such system will be used on site. e. All artificial lights shall be directed away from adjoining properties. There are no lights proposed for this use at this time. If lights are proposed in the future, staff recommends a condition stating all lights shall be located no closer than 50 feet to the

5 Page 5 of 22 property line and directed internal to the site. Any lights associated with the range shall be turned off by 9:00 pm. f. Unless waived by the county council, off-street parking areas meeting the requirements of section and landscaped buffer areas meeting the requirements of section shall be constructed. A waiver to section is not needed. This section does not specify the number of spaces needed for an archery range. The closest equivalent is camp site or picnic area, which requires 1 per site. The applicant is providing 10 spaces, including one ADA compliant handicapped space. An existing stabilized area situated next to the detached garage/barn building can accommodate the required parking area. It is setback approximately 425 feet from the west property line along Gobblers Lodge Road, and located behind the house and a large stand of trees. It is not visible from the right-of-way. Given the seasonal use of the parking area and the rural agriculture atmosphere of the area, the existing parking is more than adequate to meet the needs of the archery range. A waiver to section is also not needed. The applicant is providing a 15-foot landscaped buffer along the east and south sides of the range area where natural vegetation is sparse. In other areas where the shooting stands are located there is adequate natural vegetation to provide the required buffer. Special Exception Review Criteria Under subsection (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. The purpose and intent of the A-1 Prime Agriculture Classification is to preserve valuable agricultural land for intensive agricultural uses, and to protect land best suited for agricultural uses from the encroachment of incompatible land uses. The applicant is intending to maintain the agricultural use during the seasons the property is not used for an archery range. The property is rented as pasture land for cattle. The recreational use will complement the preservation of rural agriculture lands. Therefore, the proposed use is consistent with the zoning classification. (b) It is inconsistent with any element of the comprehensive plan. The property has an Agriculture Resource future land use designation. This designation is defined as follows: This designation consists of lands suited for intensive cultivation, ranching, aquaculture, and timber farming. The criteria used to identify these areas include 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

6 Page 6 of 22 diversification of land uses within AR areas, non-agricultural 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. The archery range will be a seasonal recreation use and ancillary to the applicant s homestead and agricultural property use, therefore it is considered compatible with the comprehensive plan. (c) It will adversely affect the public interest. Recreational areas are a permitted special exception in the A-1 zoning classification. Given the large parcel size, property location, and the special exception criteria for recreational areas being met, staff finds that the use will not adversely affect the public interest, subject to the recommended conditions. (d) It does not meet the expressed requirements of the applicable special exception. The requested use shall meet the expressed requirements of the section (3), including parking and landscaping in accordance with code. (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 the requirements of the special exception as well as permitting requirements by any applicable federal, state, and local agencies. (f) Notwithstanding the provisions of division 14 of the land development code [article III], it will generate undue traffic congestion. The facility is accessed off Gobbler s Lodge Road, a paved county maintained road. The number of vehicles accessing the property at any one time is only a slight increase over the normal single-family/agricultural use and will not generate undue traffic congestion. Further, it will be a seasonal use, and will have no additional impact for five months out of the year. Weekends will likely generate the heaviest traffic; however, the site will be limited to seven archery stands as depicted in the attached site plan. Undue traffic congestion is not anticipated to be an issue with this use. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. The applicant is well aware of the potential hazards associated with this use and is taking every precaution and safety measure to ensure that this use is not hazardous to the participants or a nuisance to abutting properties. The 3D archery stand placements have been designed to reduce the potential for archers to be able to aim towards each other or towards the road. The stands will be elevated so that participants will aim internal to the site to minimize potential accidents from occurring. The shooting range is placed so that it is highly unlikely that an arrow would be shot far enough to leave the property. The trees being planted within the landscaped buffer will also serve as a back stop/safety buffer in

7 Page 7 of 22 the off-chance this could happen. Given the applicant s need and desire to minimize all potential liabilities with this use, the design maximizes safety while providing a controlled environment to experience the sport of archery. (h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings. The character of the surrounding area is rural with a mixture of timberland, pastureland, vacant parcels, and scattered acreage home sites. There are no structures associated with the use that will be visible to motorists passing by on Gobbler s Lodge Road. The abutting parcels to the south and east, which could be most affected by the use, are vacant. They will also be buffered by landscaping and natural vegetation so that the use is visibly shielded and safety is maximized. This use will not materially alter the character of the surrounding neighborhood or adversely affect 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. The special exception should not adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. V. STAFF RECOMMENDATION Staff finds this application meets the above criteria and recommends that the commission forward this special exception for a recreational area on Prime Agriculture (A-1) zoned property to the county council for final action with a recommendation of approval, subject to the following conditions: 1. Any exterior lights associated with the archery facility are to be located no closer than 50 feet to the property line; be directed internal to the site; be shielded from adjacent neighbors; and, be turned off no later than 9:00 pm. 2. All areas and activities associated with the recreational facility shall be located no closer than 50 feet to the property lines. 3. The property owners will be responsible for obtaining appropriate building permits for any signage, electrical, permanent or temporary structures or appurtenances thereto constructed upon the property. 4. Signage shall be limited to one sign at the entrance to the property measuring no greater than 16 square feet. The sign shall not exceed 6 feet in height and shall be located no closer than five (5) feet to the property line. 5. There shall be no loud speakers or call system.

8 Page 8 of 22 VI. ATTACHMENTS Written Petition Survey Special Exception Site Plan Archery Stand Details Reviewer Comments 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 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.

9 Page 9 of 22 February 10,2015 Daniel Levesque 385 Gobblers Lodge Rd. Osteen, Florida ; L CURRENT PLANNING ACTIVITY FEB RECEIVED RE: Special Exception Written Explanation #6 Dear Sir/Madam: I have applied to the Volusia County Growth and Resource Management Department (Building & Zoning) for a Special Exception for the property at 385 Gobblers Lodge Rd., Osteen, Florida and the future site of Gobblers Lodge 3D Archery Range. The intention is to provide a safe and challenging course for avid bow hunters and archers. The course will be laid out in the back of my property which is zoned Al. The site location is approximately six (6) miles east of State Road 415 on Maytown Road and north on Gobblers Lodge approximately a quarter % of a mile on the right. The tax parcel number is There will be minimal impact to the adjacent vegetation (a site visit has been conducted by the environmental department already) in order to make the range as realistic as possible for emulating hunting and shooting situations in the field. The range will be open seasonally from September 1 through March 1 of each year. The hours of operations will be Monday through Friday 10 a.m. until dusk and weekends from 8 a.m. until dusk. Currently there are 10 parking spaces planned and based on the current layout we can accommodate approximately 20 archers at one time. I appreciate your consideration of this request and hope to hear back from you soon. Respectfully submitted, /3sr\MK _ Daniel Levesque Owner _J> /l J MM Wr cv y~ cn

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15 Page 15 of 22 STAFF REVIEW COMMENTS PLDRC Hearing Date: March 10, 2015 Levesque S LAND DEVELOPMENT John Thomson, AICP, Land Development Manager Levesque S The property has vested status under the county's subdivision regulations as recognized by Levesque Unrecorded (2009-S-EXM-0046). 2. The applicant is proposing a non-residential use. The site has been permitted in the past as a residence with a BTR for a class A home occupation permitted use for the contractor's office. The project will need conceptual site plan review to determine if any proposed site improvements or necessary upgrades are needed, such as improving access to Gobblers Lodge Road to commercial standards. * * * * * * BUILDING ADMINISTRATION Mike Campbell on behalf of Randy Roberts, Chief Plans Examiner Levesque S Per FBC-A (Florida Building Code - Accessibility). At least one accessible route shall connect accessible facilities, accessible elements, and accessible spaces that are on the same site. Accessible routes shall comply with Chapter Advisory Within a site. An accessible route is required to connect to the boundary of each area of sport activity. 3. Per FBC-A Chapter 4 Accessible Routes. Per Components Accessible routes shall consist of one or more of the following components: stable, firm, and slip resistant walking surfaces with a running slope not steeper than 1:20, ramps, and curb ramps. All components of an accessible route shall comply with the applicable requirements of Chapter 4 and

16 Page 16 of 22 View from Gobblers Lodge Road, looking toward south property line. Fence line in the distance is south property line. View of the southeast section of the property and newly planted buffer trees View of front property line, looking south along Gobblers Lodge Road.

17 Page 17 of 22 View of driveway to parking area behind the house. View of parking area. Parking area will be enhanced to include handicapped parking stall.

18 Page 18 of 22 View of shooting range area, looking from parking area toward the south. View of 3D Course area. Stakes indicate a shooting stand location.

19 GOBBLERS LODGE RD PELL RD SPRING HILL CT THISTLE HILL DR BUCKSHOT AV Page 19 of 22 QUARTER HORSE LN TEXS LN WOOD DUCK RD RANCH HOUSE RD CR 4164 (OSTEEN MAYTOWN RD) ECO/NRMA 1 inch = 1,000 feet REQUEST AREA ECO NRMA INCORPORATED SPECIAL EXCEPTION I CASE NUMBER S

20 GOBBLERS LODGE RD SPRING HILL CT THISTLE HILL DR BUCKSHOT AV Page 20 of 22 WOOD DUCK RD CR 4164 (OSTEEN MAYTOWN RD) AERIAL inch = 400 feet SPECIAL EXCEPTION CASE NUMBER S I

21 GOBBLERS LODGE RD SPRING HILL CT THISTLE HILL DR BUCKSHOT AV Page 21 of 22 WOOD DUCK RD A-1 ZONING CLASSIFICATION REQUEST AREA AGRICULTURAL 1 inch = 400 feet SPECIAL EXCEPTION CASE NUMBER S I

22 GOBBLERS LODGE RD SPRING HILL CT THISTLE HILL DR BUCKSHOT AV Page 22 of 22 WOOD DUCK RD FUTURE LAND USE DESIGNATION AGRICULTURE RESOURCE VILLAGE 1 inch = 400 feet REQUEST AREA SPECIAL EXCEPTION CASE NUMBER I S