Interchange Commercial. Interchange Commercial. Interchange Commercial

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1 Agenda Item 4 (Quasi-Judicial Hearing) Rezoning - Planned Development-General DEV Sam s Club STAFF REPORT DATE: February 17, 2016 TO: Planning Board Members FROM: Dennis Mrozek, AICP, Principal Planner PROJECT REQUEST A request by Jeffrey Hodgkinson, P.E., Wolverton & Associates Inc., on behalf of Indigo Development LLC, to rezone 22.5± acres of land located at the southwest corner of LPGA Boulevard and Technology Drive from Industrial Park (M-4) to Planned Development-General (PD-G) for the construction of a maximum 150,000 s.f. building and associated site improvements. PROJECT LOCATION The subject property is located at the southwest corner of LPGA Boulevard and Technology Drive and the site is currently undeveloped. The property is zoned M-4 (Industrial Park) and has a current future land use designation of Interchange Commercial and Mixed Use. Adjacent land uses and zoning classifications are illustrated in the following table and are also shown in the accompanying maps. Table 1: Land Use and Zoning Existing Uses Future Land Use Existing Zoning Designation Classification Site Vacant Undeveloped Interchange Commercial M-4 Industrial Park and Mixed Use North Vacant Undeveloped Interchange Commercial M-4 Industrial Park And Mixed Use South Vacant Undeveloped Interchange Commercial M-4 Industrial Park And Mixed Use East Cornerstone Office Park Mixed Use PD-G West I-95 I-95 I-95

2 Sam s Club PD-G Rezoning Page 2 Subject Property facing South on LPGA PROJECT DESCRIPTION Subject Property facing West on Technology Blvd. The applicant is requesting to rezone this property to Planned Development-General for the purpose of constructing a Sam s Club and fueling station and includes the future development of three separate outparcels for additional retail opportunities. The full development is approximately 22.5± acres. The full site, including proposed outparcels, will be developed in multiple phases. The 18.1± acre Sam s Club property will be developed as part of the Phase 1. New Land Development Code On March 1, 2015, The City of Daytona Beach instituted a new LDC. As part of the new code, standards for Planned Development (PD) Districts were modified and new criteria established. Section 4.8.A of the LDC: GENERAL PLANNED DEVELOPMENT DISTRICT PURPOSES The Planned Development (PD) districts are established and intended to encourage innovative land planning and site design concepts that support a high quality of life and achieve a high quality of development, environmental sensitivity, energy efficiency, and other City goals and objectives by: a. Reducing or diminishing the inflexibility or uniform design that sometimes results from strict application of zoning and development standards designed primarily for individual lots;

3 Sam s Club PD-G Rezoning Page 3 b. Allowing greater freedom in selecting the means of providing access, open space, and design amenities; c. Allowing greater freedom in providing a well-integrated mix of residential and nonresidential land uses in the same development, including a mix of housing types, lot sizes, and densities; d. Providing for efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and e. Promoting quality design and environmentally sensitive development that respects surrounding established land use character and respects and takes advantage of a site s natural and man-made features, such as trees, wetlands, surface waters, floodplains, and historic features. PROJECT ANALYSIS Review of and the decision on a Planned Development application shall be based on compliance of the proposed zoning reclassification and PD Plan/Agreement with the review standards in Section 3.4.D.3, Site-Specific Zoning District Map Amendment Review Standards, and the standards for the proposed type of PD district in Section 4.8, Planned Development Zoning Districts. Site-Specific Zoning District Map Amendment Review Standards In determining whether to adopt or deny a proposed Site-Specific Zoning District Map Amendment, the City shall consider: a. Whether the applicant has provided, as part of the record of the public hearing on the application, competent substantial evidence that the proposed amendment: i. Is consistent with and furthers the goals, objectives, and policies of the comprehensive plan and all other applicable City-adopted plans; The applicant has submitted a concurrent application to amend the future land use designation for a portion of the subject property from General Industrial to Mixed Use. The Planning Board recommended approval of this application in August The item will be scheduled to be heard by the City Commission with the PD rezoning application in April The property included in the PD Rezoning application primarily has the comprehensive plan land use designations of Interchange Commercial and Mixed Use. Interchange Commercial land uses are oriented to interstate highway traffic and suitable for commercial development. Mixes Use land uses are suitable for a variety of land uses including light industrial, office, tourist accommodations, and retail. These designations can support the proposed use on the site. ii. Is not in conflict with any portion of this Code; Development standards for a PD District must comply with the development standards of Article 6: Development Standards and Article 7: Subdivision Standards or any modifications of those standards established in the PD Plan/Agreement (Attachment A). The applicant has proposed modifications to these standards listed below, which are detailed later in this report. Approval of the PD rezoning application with modifications would not be in conflict with any portions of the LDC.

4 Sam s Club PD-G Rezoning Page 4 1. Section 6.12.C.4 (Building Design and Maintenance Standards) a. Modifications to changes in plane requirements. b. Modifications to architectural features. c. Modification to required window percent requirements. 2. Section 6.9.F.3 (Maximum Height of Exterior Lighting) Modifications to maximum height of exterior lighting in parking lot. iii. Addresses a demonstrated community need; The applicant has provided a Modification/Benefit letter that details public benefits and addresses the standard for a demonstrated community need (Attachment B). iv. Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land; The proposed use of the property is compatible with the surrounding existing and proposed uses. Section 6.12.C.4 of the LDC addresses site design and architectural standards for all new development on major City thoroughfares. The applicant has provided proposed building elevations (Attachment C). The proposed architectural design of the building meets all the requirements of the LDC, with the following exceptions: a) Walls are required to have a change of planes with at least a 3 foot projection or recess a minimum of every 50 feet. The rear of the property does not fully meet this standard. b) Walls are required to have at least one architectural feature (i.e. windows, doors, columns, etc.) incorporated in the design at least every 50 feet. The rear of the property does not fully meet this requirement. c) Walls are required to have windows that make up at least 15% of the wall area. The proposed design does not meet this minimum standard. Further details of the requested modifications to the architectural design on the building can be found in the attached modification/benefit letter. Staff has reviewed the proposed site and building design and finds it acceptable. v. Would result in a logical and orderly development pattern; Standards established in the PD Agreement and the LDC would result in a logical and orderly development pattern for the subject property. vi. Would not adversely affect the property values in the area; Staff does not have any indication the proposed development would have an adverse effect on the property values in the area. vii. Would result in development that is adequately served by public facilities (roads, potable water, wastewater, solid waste, storm water, schools, parks, police, and fire and emergency medical facilities); and Staff has reviewed the requested development for impacts to public facilities and offers no objection to the proposed uses or development plan.

5 Sam s Club PD-G Rezoning Page 5 viii. Would not result in significantly adverse impacts on the natural environment including, but not limited to, water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment; and Staff does not anticipate any adverse environmental impacts with the approval of this request. b. If the applicant demonstrates that the proposed amendment meets the criteria in subparagraph [a] above, whether the current zoning district designation accomplishes a legitimate public purpose. The current zoning designation is Industrial Park (M-4), which is intended to accommodate industrial park development that includes limited industrial service uses, light and heavy manufacturing, assembly, fabrication uses, and warehouse uses. The current zoning is not consistent with the proposed use. Also, because a portion of the subject property has a land use designation of Mixed Use, the City s Comprehensive Plan requires the property be developed as a planned development and reviewed by Volusia Growth Management Commission (VGMC). Planned Development Zoning Districts Review Standards Before approving a PD zoning district classification, the City Commission shall find the application for the PD zoning district, as well as the PD Plan/Agreement included as part of the application, comply with the following standards: 1. PD Plan/Agreement The PD Plan/Agreement includes a development plan for the subject site. This includes identification of proposed vehicle access points, development area, parking areas, common areas, site improvements and landscaping (Attachment C). Signage The applicant has proposed a signage plan for the proposed development (Attachment C). The proposed signage is consistent with the use. The applicant has included in the sign plan an interstate highway sign, as permitted by the LDC. The sign height may be increased up to 85 feet and the sign area increased up to 720 square feet if found necessary for visibility to the interstate. The proposed interstate highway sign is within the maximum permitted height and sign area. Exterior Lighting Outdoor lighting mounted on poles cannot exceed 25 feet in height. The applicant has proposed a lighting plan that includes exterior lighting poles in the parking area that has a maximum height of 39 feet. Staff has reviewed this modification and finds it consistent with the use and offers no objection. 2. Consistency with City Plans If adopted by the City Commission, the PD zoning district designation and the PD Plan/Agreement will be consistent with the proposed comprehensive plan change.

6 Sam s Club PD-G Rezoning Page 6 3. Compatibility with Surrounding Areas The proposed development plan meets compatibility standards for the property perimeters. The applicant has conducted a neighborhood meeting, as required by the LDC. A summary of the neighborhood meeting prepared by the applicant is attached (Attachment D). 4. Development Phasing Plan The applicant has proposed a phasing plan for this development with the first phase to begin within 18 months of the approval of the Planned District Agreement by the City Commission. First phase development includes the Lot 1 Sam s Club and is required to be substantially complete within 5 years of approval of the PD rezoning. Lots 2-4 outparcels will be included in the subsequent phase and are required to be substantially complete within 6 years of approval of the PD rezoning. 5. Conversion Schedule Not applicable. 6. On-Site Public Facilities No onsite public facilities are proposed. 7. Uses The PD Agreement identifies the following permitted uses for the subject property: Automated Teller Machine (ATM) Animal Grooming Restaurant with drive-in service Restaurant with or without drive-through service Specialty eating or drinking establishment Automotive parts, sales and installation Car wash or auto detailing Gas station Tire sales and mounting Vehicle repair and servicing Bank or financial institution with or without drive-through service Check cashing services Drug store or pharmacy with or without drive-through services Florist shop

7 Sam s Club PD-G Rezoning Page 7 Large retail sales establishment, including customer pick-up areas ancillary to the primary use Liquor or package store Other retail sales and service establishment 8. Densities/Intensities The maximum floor area ratio: Dimensional Standards Maximum Impervious Surface Area: 80% Maximum Building Coverage: 50% Minimum Open Space: 20% Maximum Building Height: 45 feet Minimum Building Setbacks: Front 25 Feet Rear 25 Feet Interior Side 25 Feet 10. Development Standards All development in a PD district shall comply with the development standards of Article 6: Development Standards, and Article 7: Subdivision Standards, or any modifications of those standards established in the PD Plan/Agreement as consistent with City plans, the objective of the particular type of development standard, the purpose of the particular PD district, and any additional limitations or requirements set forth in Sections 4.8.C and 4.8.D for the particular type of PD district. Proposed Modifications 1. Section 6.12.C.4 (Building Design and Maintenance Standards) a. Modifications to changes in plane requirements. b. Modifications to architectural features. c. Modification to required window percent requirements. 2. Section 6.9.F.3 (Maximum Height of Exterior Lighting) Modifications to maximum height of exterior lighting in parking lot. RECOMMENDATION Should all LDC modification requested be approved, staff concludes the application to rezone 22.5± acres of land located at the southwest corner of LPGA Boulevard and Technology Drive from Industrial Park (M-4) to Planned Development-General (PD-G) for the development of up to a maximum 150,000 s.f. building and associated site improvements be approved. The item is tentatively scheduled to be heard by the City Commission for first reading on April 6, 2016 and for second reading on April 20 (public hearing). A majority vote of the Planning Board members present and voting are required to recommend approval to the City Commission.

8 I-95 SB LPGA OFF RAMP LPGA WB GATEWAY NORTH DR CR 4019 (LPGA BLVD) I-95 NB ON RAMP WILLIAMSON BLVD N LPGA BLVD µ 1 inch = 700 feet Document Path: P:\Admin\Pratima\Short Term Projects 2013\DEV ADS\DEV2016\DEV \DEV _LocationMap.mxd LPGA EB I-95 SB ON RAMP TOMOKA FARMS RD N AUTOMALL CIR LPGA EB I-95 I-95 NB ON RAMP I-95 NB LPGA OFF RAMP TECHNOLOGY BLVD CORNERSTONE BLVD Location DEV PLANNED DEVELOPMENT GENERAL LOCATION MAP CR 4009 (WILLIAMSON BLVD N) MASON AV CR 430 (MASON AV) City of Daytona Beach Map disclaimer: These maps were developed and produced by the City of Daytona Beach GIS. They are provided for reference only and are not intended to show map scale accuracy or all inclusive map features. As indicated, the accuracy of the map has not been verified and it should be used for informational purposes only. Any possible discrepancies should be brought to the attention of City Engineering and or Development Services.

9 NC CO IER B GE D LV CR LP GATEWAY NO G W BO NR AM P D BLV A M P D BLV AO T I -9 5 SB AU EB RA N LVD N O DN B SON I-95 N BL PG A G R CI TOMOKA FARM SR M ILLIA LP O MA L W 009 ( CR 4 AM P R LP N GA O EB B I-9 5 N E TON E RS N R CO FF R I -95 SB L PGA P N RA M D LV -95 SB O N N I-95 A LPG B GY I WB GA L ) P M I-95 Document Path: P:\Admin\Pratima\Short Term Projects 2013\DEV ADS\DEV2016\DEV \DEV _AerialMap.mxd O OL LP BLVD HN OFF C TE R A MP 5N µ ON IAMS WILL S I-95 I -9 ) VD BL RTH DR Location A B GA (LP C R 43 0 (MAS ON A V) City of Daytona Beach Map disclaimer: DEV PLANNED DEVELOPMENT GENERAL - AERIAL MAP These maps were developed and produced by the City of Daytona Beach GIS. They are provided for reference only and are not intended to show map scale accuracy or all inclusive map features. As indicated, the accuracy of the map has not been verified and it should be used for informational purposes only. Any possible discrepancies should be brought to the attention of City Engineering and or Development Services.

10 CURRENT LAND USE PROPOSED LAND USE PES GATEWAY NORTH DR CR 4019 (LPGA BLVD) CR 4009 (WILLIAMSON BLVD N) µ PES GATEWAY NORTH DR LPGA WB Location TECHNOLOGY BLVD CR 4019 (LPGA BLVD) LPGA WB Location Document Path: P:\Admin\Pratima\Short Term Projects 2013\DEV ADS\DEV2016\DEV \DEV _Current_Proposed_FLU.mxd I-95 N LPGA EB I-9 5 I-95 TOMOKA FARMS RD N I-95 S I-95 N B ON RAMP N B ON RAMP I-95 NB LPGA OFF RAMP LPGA BLVD WILLIAMSON BLVD N CORNERSTONE BLVD MIXED USE I-95 N I-95 TOMOKA FARMS RD N I-95 ROW I-95 S I-95 N B ON RAMP I-95 NB LPGA OFF RAMP LPGA BLVD INTERCHANGE COMMERCIAL TECHNOLOGY BLVD MIXED USE WILLIAMSON BLVD N CORNERSTONE BLVD 1 inch = 700 feet 1 inch = 700 feet DEV PLANNED DEVELOPMENT GENERAL CURRENT AND PROPOSED FUTURE LAND USE FOCUS AREA

11 CURRENT ZONING PROPOSED ZONING µ VC Location GATEWAY NORTH DR LPGA BLVD M3 VC Location GATEWAY NORTH DR LPGA BLVD CR 4009 (WILLIAMSON BLVD N) M3 Document Path: P:\Admin\Pratima\Short Term Projects 2013\DEV ADS\DEV2016\DEV \DEV _Current_ProposedZoningMap.mxd I-95 CR 4019 (LPGA BLVD) I-95 N I-95 S I-95 NB LPGA EB OFF RAMP M4 TECHNOLOGY BLVD PD-G I-95 CR 4019 (LPGA BLVD) I-95 N I-95 S I-95 NB LPGA EB OFF RAMP TECHNOLOGY BLVD 1 inch = 700 feet 1 inch = 700 feet PD-G M4 DEV PLANNED DEVELOPMENT GENERAL ZONING MAP FOCUS AREA

12 ATTACHMENT A Document prepared by: Edwards Cohen Karl J. Sanders, Esq. 200 W. Forsyth St, Suite 1300 Jacksonville, FL Return recorded document to: City of Daytona Beach Records Clerk P.O. Box 2451 Daytona Beach, FL DAYTONA (NORTH) SAM S CLUB PLANNED DISTRICT AGREEMENT The CITY OF DAYTONA BEACH, FLORIDA, a Florida municipal corporation located in Volusia County, Florida ("City"), and INDIGO DEVELOPMENT LLC, a Florida limited liability company and the record title property owner ( Owner ), and SAM S EAST, INC., an Arkansas corporation ("Developer"), hereby agree and covenant, and bind their heirs, successors, and assigns, as follows: 1. PROPERTY DESCRIPTION AND OWNERSHIP. A. The property subject to this Agreement consists of approximately acres of real property ("Property") and is described in Exhibit "A", attached hereto and by reference made a part hereof. B. The Property is currently under the sole ownership of Owner, but is under contract for purchase by Developer. C. Owner has joined in this agreement as the current landowner to assist Developer in the approval process. All obligations of Developer stated herein shall be performed by Developer. 2. EXHIBITS. The Exhibits listed below are by reference made a part hereof, and copies or reduced size copies are attached hereto. Full-sized copies of the Exhibits shall be retained by the City Clerk and shall be controlling in case of any ambiguity in the Exhibits. In the event of a conflict between the graphic illustrations of any Exhibit and the textual provisions of this Agreement, the textual provisions shall control. Exhibit A: Exhibit B: Exhibit C: Property legal description, survey. Site Plan, rev. date 11/18/15, prepared by Wolverton & Assoc., Inc. Architectural Elevations, rev. date 01/06/16, prepared by Trevor Tyson Holcomb Architect DAYTONA (N) SAM S CLUB PD AGREEMENT 1

13 ATTACHMENT A Exhibit D: Exhibit F: Landscape Plan, rev. date 11/18/15, prepared by David Albright & Assoc., Inc. Sign Plan, rev. date 01/06/16, prepared by Trevor Tyson Holcomb Architect. 3. DEVELOPMENT PLAN. A. Developer has designated the Property as "Daytona (North) Sam s Club." B. The Property will be developed as a Planned Development General (PD-G) pursuant to the City s Land Development Code (LDC). Development shall be controlled by the LDC and the terms and provisions of this Agreement. In the event of a conflict between this Agreement and the LDC or other ordinances, this Agreement shall control. If this Agreement fails to address a particular subject or requirement, the applicable requirements of the LDC or other City ordinance in effect at the time of development plan approval shall control. C. Development of the Property shall be consistent with Exhibit B (Site Plan). Exhibit B generally depicts the planned layout of buildings, parking areas, driveways, common areas, and other planned features or improvements to the Property. D. ADDITIONAL LOT DEVELOPMENT CRITERIA. The following lot development criteria shall apply to the Property: (1) Maximum floor area ratio of.50; (2) Minimum lot area of 1 acre; (3) Minimum lot width of 100 feet; (4) Maximum impervious surface area of 80%; (5) Maximum building height of 45 feet; (6) Maximum individual building size of 150,000 sq. ft.; (7) Minimum Setbacks: side 25 ft.; front 25 ft.; rear 25 ft.; (8) Maximum building coverage of 50%; (9) Minimum open space of 20%; (10) Maximum density (N/A) (11) Slopes within any wet retention pond(s) shall be 3:1 without a fence; (12) Wet retention pond(s) shall count toward open space requirements; and (13) Landscape requirements shall meet the 50-foot scenic setback criteria for the Scenic Thoroughfare Overlay District along LPGA Boulevard, as more fully set forth in Section 4.9.D. of the LDC. (14) All landscaping exhibited in the proposed design of Lot 1 (the Sam's Club Lot) will be installed during the development and construction of Lot 1. The remaining areas within the PD (outside the limits of Lot 1) will also be landscaped/enhanced during the development and construction of Lot 1: a) the SO-feet scenic thoroughfare landscape yard occurring on Lot 2 DAYTONA (N) SAM S CLUB PD AGREEMENT 2

14 ATTACHMENT A along LPGA frontage; b) the Lot 1 driveway stems from Technology Blvd. (aka Outlet Blvd.) between Lots 2-3; and c) Lots 3-4 will be enhanced with grass only during this phase. When Lots 2 through 4 develop, it will be the individual Lot's responsibility to landscape/enhance to City requirements. 4. CONFORMANCE WITH COMPREHENSIVE PLAN; CONCURRENCY; PERMITS. A. The City has determined that the Property is suitable in size, location, and character for the uses proposed, and that the uses proposed are consistent with the City's comprehensive plan. B. Developer shall be responsible for obtaining all development permits required by the LDC and applicable federal and state laws. Developer specifically acknowledges that approval of this Agreement does not constitute a Concurrency Certificate as required by the LDC, and that Developer will be required to separately obtain a Concurrency Certificate or, where applicable, to enter into proportionate fair share agreement. Approval of this agreement and exhibits is not a permit to begin clearing, to begin site work, or to begin construction without necessary permits. C. The City agrees to issue the required permits for development of the Property in the manner set forth in this Agreement and the LDC. D. Access to the site will not be complete until the Tomoka Town Center Plat is recorded and the plat improvements are in place. 5. PERMITTED USES. The following uses are permitted within the Property, as more fully set forth and defined in Table 5.2.A.2 of the LDC: Retail Sales and Service Uses, including but not limited to the following commercial uses: Automated Teller Machine (ATM) Animal Grooming Restaurant with drive-in service Restaurant with or without drive-through service Specialty eating or drinking establishment Automotive parts, sales and installation Car wash or auto detailing Gas station Tire sales and mounting Vehicle repair and servicing Bank or financial institution with or without drive-through service DAYTONA (N) SAM S CLUB PD AGREEMENT 3

15 ATTACHMENT A Check cashing services Drug store or pharmacy with or without drive-through services Florist shop Large retail sales establishment (e.g., Sam s Wholesale Club), including customer pick-up areas ancillary to the primary use Liquor or package store Other retail sales and service establishment 6. INFRASTRUCTURE. A. An on-site stormwater retention facility will be constructed in conjunction with the development. Additionally, Developer intends to manage a portion of the onsite stormwater on-site, with the remaining portion of on-site stormwater being conveyed to an offsite master stormwater retention facility. The stormwater retention facility will be maintained at a level consistent with the standards of the St. Johns River Water Management District. Collection and transmission facilities shall be located pursuant to the approved site plan, or site plans approved for individual lots or structures. B. No building permits will be issued for development within the Property until (i) construction of the offsite infrastructure required to connect the Property to the City s potable water, reuse water, and sewer systems has been completed in accordance with City utility standards and (ii) such offsite infrastructure has been cleared for use and accepted by the City. 7. ARCHITECTURAL AND DESIGN STANDARDS. A. All buildings and accessory structures constructed within the Property shall be developed in compliance with the requirements of this section, and with the applicable provisions of the LDC relating to architectural standards where they do not conflict with the provisions of this section. B. All of the following requirements shall be met within the Property: (1) All buildings and accessory structures shall be consistent with a common architectural theme that harmoniously coordinates the general appearance of all buildings and accessory structures, including but not limited to: exterior wall finishes or materials; roof styles, slopes, and materials; colors; and architectural details and ornamentation. The theme established for the Property is illustrated in the Architectural Elevations attached hereto as Exhibit C. (2) All structures shall complement one another and shall convey a sense of quality and permanence. Lower grade materials, such as unfinished concrete and prefabricated metal, shall be prohibited. DAYTONA (N) SAM S CLUB PD AGREEMENT 4

16 ATTACHMENT A (3) Corporate prototype design and materials shall be permitted provided they comply with the provisions of this section. (4) All buildings and accessory structures shall generally be consistent with the Exhibit C (Architectural Elevations) unless, prior to issuance of the initial building permit, Developer submits and the City approves a different conceptual elevation. The City shall have the right to reject any proposed elevation which does not meet the requirements herein, or which involves the use of fewer architectural details and ornamentation than are set forth in Exhibit C. (5) Through the LDC site plan review process, the City reserves the right to review the proposed construction of all buildings and structures, to recommend the substitution or inclusion of colors, materials, architectural details, and ornamentation, and to require or prohibit the use of the same to ensure compliance with the requirements of this section. consistent. (6) The physical appearance of all parking lot lighting fixtures shall be 8. ENVIRONMENTAL CONSIDERATIONS. Development of the Property shall comply with the LDC tree preservation requirements. Developer shall comply with all rules, statutes, and regulations pertaining to protected wildlife species, including but not limited to the rules and permitting requirements of the Florida Game and Freshwater Fish Commission concerning gopher tortoises. 9. SIGNAGE. The PD shall have a uniform sign program for Phase I, as more fully described and depicted on the Sign Plan, attached hereto as Exhibit F. Although design information is not yet available for signage on the Out Lots (Lots 2, 3 and 4), the signage ultimately associated with those lots shall comply with the Sign Design and Construction regulations set forth in Section 6.10.F of the City s Land Development Code for those uses permitted in the BR-2 (Business Shopping Center) and BA (Business Automotive) zoning districts. 10. EFFECTIVE DATE; COMPLETION SCHEDULE. A. This Agreement shall be effective upon execution by all parties. The restrictions on use and development imposed by this Agreement shall be binding upon all successors in interest in the Property, unless and until the City alters or eliminates such restrictions in the course of its actions as zoning authority. B. Application shall be submitted for all construction permits for the development, or for the first phase of a phased development, within 18 months of the approval of this DAYTONA (N) SAM S CLUB PD AGREEMENT 5

17 ATTACHMENT A Agreement by the City Commission. The filing of an appeal of the land development order by any person shall toll the time for permitting until final resolution of the appeal. If development is phased, application for construction permits for subsequent phases shall be submitted within 30 months from the date of initial approval. C. Construction of Phase I (i.e., development of the Sam s Club on Lot 1) shall be substantially complete within 5 years of the approval of this Agreement. Construction of subsequent phases will occur will occur upon sale of the outparcels (Lots 2, 3 and 4) and must be substantially complete within 6 years of the initial approval of this Agreement. D. One 12-month extension of the scheduled application or completion dates may be permitted as a minor modification to this Agreement. E. Failure to comply with the schedule set out above shall cause the development rights granted pursuant to this Agreement to lapse. 11. MINOR MODIFICATIONS. A. The following may be administratively authorized as minor modifications to this Agreement: (1) Amendments to an Exhibit that are necessary for compliance with the provisions of this Agreement, the LDC, or extra-jurisdictional permitting requirements, and address technical considerations that could not reasonably be anticipated during the Planned Development approval process; (2) Have no material effect on the character of the approved PD district, the basic concept and terms of the PD Plan/Agreement. These may include, but are not limited to, the following: a) Structural alterations that do not significantly affect the basic size, form, style, and appearance of principal structures; b) Minor changes in the location and configuration of streets and driveways that do not adversely affect vehicular access and circulation on or off the site; c) Minor changes in the location or configuration of buildings, parking areas, landscaping, or other site features; d) Minor changes in the location and configuration of public infrastructure facilities that do not have a significant impact on the City s utility and stormwater management systems; e) Increases of five percent or less in the total number of parking spaces. DAYTONA (N) SAM S CLUB PD AGREEMENT 6

18 ATTACHMENT A (3) Modifications of up to 20% to any of the lot dimensional requirements and associated Exhibit revisions, where such modifications are necessary to address minor Exhibit errors or unanticipated conditions that reasonably need to be addressed to ensure the development plan can be implemented, EXCEPT: a) Modifications, such as to floor area ratios, that increase intensity or density of the entire project or any phase by more than 2%; b) Modifications that increase building height or decrease setbacks, yards, or landscaping along the perimeter of the Property by more than 10%; c) Modifications that, when combined with previously approved minor modifications, would result in a cumulative change of more than 20% of the original requirement for the area in question; and d) Modifications that would unduly impact City-owned public utilities. B. Requests for minor modifications shall be submitted in writing on forms provided by the City. Requests shall be reviewed pursuant to the general technical review process described in the LDC. C. Denial of a requested minor modification shall be issued in writing to the applicant. Upon denial, or if more than 60 days elapses after the submittal of a completed application without a decision by the City, the applicant may apply for an amendment to the agreement. D. Approved modifications shall be noted on the official plan documents. 12. AMENDMENTS. A. Any revision to this Agreement other than a minor modification as described above shall require an amendment approved by the City Commission after review and recommendation by the Planning Board. Requests for an amendment must be submitted in writing and, except as otherwise provided herein, shall be processed in accordance with the LDC. Notice of public hearings shall be provided as if the application is one to rezone property. 13. VARIANCES. This Agreement shall not be deemed to prohibit any owner of property within the planned development from seeking or obtaining one or more variances from the requirements of this Agreement pursuant to the LDC. In addition to those entitled to notice pursuant to the LDC, notice of any public hearing to consider a proposed variance shall be provided to all persons DAYTONA (N) SAM S CLUB PD AGREEMENT 7

19 ATTACHMENT A owning property within the planned development. No such variance shall be deemed to require formal amendment to this Agreement. 14. POLICE POWER AND SOVEREIGN IMMUNITY NOT WAIVED. Nothing contained in this Agreement shall be construed as a waiver of or contract with respect to the regulatory and permitting authority of the City as it now or hereafter exists under applicable laws, rules, and regulations. Further, nothing contained in this Agreement shall be construed as a waiver of or attempted waiver by the City of its sovereign immunity under the constitution and laws of the State of Florida. 15. COMPLETE AGREEMENT; AGREEMENT TO BE RECORDED. A. This Agreement represents the complete understanding by and between the parties with respect to the development and use of the Property. Any and all prior agreements between the parties with respect to any subject comprehended by this Agreement is hereby voided and superseded by this Agreement. B. This Agreement shall be recorded in the Public Records of Volusia County, Florida, at Developer's expense. The restrictions on use and development imposed by this Agreement shall be binding upon all successors in interest in the Property. 16. VENUE AND SEVERABILITY. A. In the event of any claim, action, litigation, or proceeding under this Agreement, venue shall be in Volusia County, Florida. B. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or otherwise unenforceable, such holding shall not affect the validity or enforceability of any other provision of this Agreement unless the holding so states. IN WITNESS WHEREOF, the parties hereto attached their hands and seals on the dates set forth below. [Signature pages following] DAYTONA (N) SAM S CLUB PD AGREEMENT 8

20 ATTACHMENT A Signed, sealed and delivered in the presence of: THE CITY OF DAYTONA BEACH, FLORIDA, a Florida municipal corporation Witness 1 Print Name of Witness 1 Witness 2 Print Name of Witness 2 By: Attest: By: Date: Derrick L. Henry, Mayor Letitia LaMagna, City Clerk STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of, 201_ by and, Mayor and City Clerk, respectively, of The City of Daytona Beach, Florida, a chartered municipal corporation, on behalf of the City. They are personally known to me and did not take an oath. Notary Public Commission No: DAYTONA (N) SAM S CLUB PD AGREEMENT 9

21 ATTACHMENT A Signed, sealed and delivered in the presence of: Witness 1 Print Name of Witness 1 INDIGO DEVELOPMENT LLC By: Name: Title: Date: Witness 2 [Corporate Seal] Print Name of Witness 2 STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of, 201_, by as of, referred to in this agreement as Owner. He or she is [_] personally known to me or [_] produced as identification and did not take an oath. Notary Public Commission No. Signed, sealed and delivered in the presence of: SAM S EAST, INC. Witness 1 Print Name of Witness 1 Witness 2 Print Name of Witness 2 By: Name: Title: Date: [Corporate Seal] DAYTONA (N) SAM S CLUB PD AGREEMENT 10

22 ATTACHMENT A STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of, 201_, by as of, referred to in this agreement as Developer. He/she is personally known to me and did not take an oath. Notary Public Commission No: Approved as to legal form: By: Marie Hartman, City Attorney DAYTONA (N) SAM S CLUB PD AGREEMENT 11

23 ATTACHMENT A [Exhibit pages attached:] EXHIBIT A Legal Description of the Property EXHIBIT B Site Plan EXHIBIT C Architectural Elevations EXHIBIT D Landscape Plan EXHIBIT F Sign Plan DAYTONA (N) SAM S CLUB PD AGREEMENT 12

24 ATTACHMENT B EDWARDS COHEN 200 West Forsyth Street, Suite 1300 Jacksonville, Florida Telephone ,, Facsimile Attorneys at Law Karl J. Sanders ksandcrs@edcolavv.com January 15,2016 Mr. Dennis Mrozek, Principal Planner City ofdaytona Beach 301 South Ridgewood Avenue Permits and Licensing Dept. Room 127 Daytona Beach, Florida Re: Daytona (N) Sam's Club DEV Modification/Public Benefits Letter Dear Dennis: As you know, this Firm represents Sam's Club in connection with its request to rezone approximately 22.5 acres of undeveloped property at the southeast quadrant of 1-95 and LPGA Boulevard to a Planned Unit Development - General zoning district. Our client intends to develop the properly with both a new Sam's Club and fueling station, and the proposal includes future development of three separate outparcels for additional retail opportunities. As required by the Daytona Beach Land Development Code (LDC), this letter details the public benefits of the proposed development as they relate to the requested modifications ofthe conventional zoning development standards ofthe City's LDC. Public Benefits The subject property is currently undeveloped and lies next to the "gateway" entrance to the City of Daytona Beach at the intersection of 1-95 and LPGA Boulevard. The proposed development of the subject property will contribute to the economic development of the area, including adding an additional retail component to the recently approved Tomoka Town Center. Additionally, through the use of innovative and upgraded landscaping and architectural upgrades, the proposed development promotes the effective use of community resources and community revitalization. Finally the proposed redevelopment will create new jobs for area residents and significantly increase the tax base associated with this area.

25 ATTACHMENT B January 15, 2016 Page 2 Modifications 1. Section 6.12.C.4.c.i. (Building Design and Maintenance Standards) - Proposed modification to changes in plane requirements set forth in LDC, as follows: "Walls shall have changes of planes with at least a three-foot projection or recess no less than every 50 horizontal feet." The Applicant is proposing a few locations where this requirement is not met due to "back of house" operations of the store (i.e., loading truck docks, deliveries, etc.). The benefit would be that the proposed design meets the operational requirements and truck-maneuvering ability around the building at the rear or "back ofhouse" areas. 2. Section 6.12.C.4.b.ii (Building Design and Maintenance Standards) - Proposed modification to architectural features requirements set forth in LDC, as follows: "Walls shall have at least one of the architectural features listed in Section 6.12.C.4.b.ii above integrated no less than every 50 horizontal feet." The Applicant is proposing a few locations where this requirement is not met due to "back of house" operations of the store (i.e., loading truck docks, deliveries, etc.). The benefit would be that the proposed design meets the operational requirements and truck-maneuvering ability around the building at the rear or "back of house" areas. 3. Section 6.12.C.4.e (Building Design and Maintenance Standards) - Proposed modifications to glazing requirements set forth in LDC, as follows: "Walls shall have windows that make up at least 15 percent ofthe wall." The Applicant is proposing that this 15% be calculated within the 3' to 8' pedestrian scale of the facade. This would have proposed glazing of24%, well over the 15% requirement. The benefit from this would be that customer's would not have to see the backs ofracks and equipment, versus seeing an architecturally finished facade. 4. Section 6.9.F.3 (Maximum Height ofexterior Lighting) - Proposed modifications to maximum height ofexterior lighting in parking lot set forth in LDC, as follows: "Except for athletic fields or performance areas, the height ofoutdoor lighting, whether mounted on poles, walls, or by other means, shall be no greater than 25 feet above grade." The Applicant is proposing that the exterior lighting poles in the parking lot area be modified to a maximum height of 39 feet, thereby reducing the overall number of light poles needed to adequately illuminate the common areas and realizing significant savings in energy efficiencies

26 ATTACHMENT B January 15,2016 Page 3 Thanks againfor your consideration of these requested modifications. Should you have any questions or need additional information, please do not hesitate to contactme. Very truly yours, Karl J. Sanders

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36 w Wolverton^&TAssociates ATTACHMENT D MEMORANDUM TO: ProjectFile FROM: Jeffrey Modgkinson, P.E. Wolverton &Associates, Inc. DATE: July 31, 2015 RE- Town Hall Meeting for the Comprehensive Land Use Plan Amendment and Rezoning Application with the City ofdaytona Beach; Proposed #7769 Daytona Sam's Cluh SEC of1-95 & LPGA Blvd. Daytona Beach, Florida W&A Project # At 6:00 p.m., on Wednesday, July 29, 2015, Jeffrey Modgkinson with Wolverton &Associates, Inc. conducted a lown hall meeting for the above referenced project in Meeting Room Bofthe Holiday Inn Daytona Beach LPGA Blvd, 137 Automall Cir, Daytona Beach, FL

37 ATTACHMENT D Also in attendances for the meeting representing the project was Andrew Moon with Raymond Harris & Associates. The following isthe list of visitors from the public: 1) E. Scott Bullock, 1530 Cornerstone Blvd, Daytona Beach, FL (386)