November 15, 2018 Planning and Land Development Regulation Commission (PLDRC)

Transcription

1 Page 1 of 24 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 W. Indiana Avenue, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: November 15, 2018 Planning and Land Development Regulation Commission (PLDRC) S Special exception for a recreational area on Prime Agriculture (A-1) zoned property 4265 Marsh Road, DeLand Al Allen Elmhurst Flower Growers, Inc. Steven E. Bapp, Planner II I. SUMMARY OF REQUEST The applicant is requesting a special exception for a recreational area which will be used as a golf practice facility for Stetson University s golf teams. The property is comprised of two parcels, totaling ±20.00 acres combined, and entirely within the Prime Agriculture (A-1) zoning classification. Recreational areas are a special exception use within the A-1 zoning classification. Staff Recommendation: Forward special exception, case number S , to county council for final action with a recommendation of approval, subject to staff conditions.

2 Page 2 of 24 II. SITE INFORMATION 1. Location: East side of Marsh Road, approximately 1,250 feet south of its intersection with Marsh Bend Road, DeLand. 2. Parcel No: and Property Size: ±20.00 acres (±10.00 acres and ±10.00 acres respectively) 4. Council District: 4 5. Zoning: Prime Agriculture (A-1) 6. Future Land Use: Agricultural Resource 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE EXISTING USE North: A-1 Agricultural Resource Agricultural East: A-1 Agricultural Resource Agricultural South: A-1 Agricultural Resource Agricultural West: RC Environmental System Corridor Agricultural 10. Maps: ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 24 III. BACKGROUND AND OVERVIEW The property is comprised of two 10-acre parcels, both zoned A-1. The westernmost parcel is generally open and cleared of vegetation. The easternmost parcel is heavily wooded. The property is accessed by Marsh Road (County Road 4047), a designated county collector thoroughfare road. The property is owned by Elmhurst Flower Growers, Inc., who proposes to transfer it to Stetson University. Stetson University is proposing to use the property as their practice golf facility for the Stetson men s and women s golf teams. The current number of golfers and coaches is 25. However, the applicant anticipates only one to four golfers, plus one coach using the facility at a time. The applicant stated the facility would not be open to the general public, nor by non-golf team members. The applicant also stated the facility may be used to host occasional special events for donors or Stetson faculty, which would involve larger groups of people. The proposed practice facility will include areas for golfers to hit woods, irons, sand shots, chip and putt. It will be used mainly during daylight hours. Any lights that might be installed will be directed away from adjoining properties. The development will be done on the western 10 acres, with the eastern 10 acres reserved for future use. The development is proposed to include two buildings on the site, one 1,600-square-foot pavilion/restroom facility and one 750-square-foot maintenance/storage building. There will be a hard surfaced parking area to accommodate 16 vehicles. There will be no fulltime employees located on the site. The proposed floor area ratio (FAR) on the site is 0.027, which is far below the comprehensive plan threshold of 0.1. The development will be required to obtain final site plan approval prior to any construction, including tree removal and site work, occurring on the site. IV. REVIEW CRITERIA AND ANALYSIS Recreational Area Use and Code Requirements - There are specific criteria for the construction and operation of recreational areas under Chapter (3) of the zoning code. The criteria for this use include items such as lighting controls, loudspeaker controls and the allocation of setbacks, lot area coverage, off-street parking and landscape buffer requirements. The requirements applicable to recreational areas are listed below:

4 Page 4 of 24 a. The total lot area covered with principal and accessory buildings shall not exceed 15 percent. This requirement is met, as the total building coverage proposed is 2.7%. 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. This requirement is met. There are no proposed living quarters indicated on the special exception site plan. c. No principal or accessory building, swimming pool or tennis court shall be located less than 50 feet from any lot line. This requirement is met. There are no structures within 50 feet of any lot line. d. No outdoor loudspeaker or call system shall be audible on adjoining property. This requirement is met. The applicant does not propose using a loudspeaker or call system. However, the applicant intends to install a lightning detection system as a safety measure for golfers. In addition, staff recommends a condition that will ensure no loudspeaker system will be used on site in the future. e. All artificial lights shall be directed away from adjoining properties. This requirement is met. The applicant stated in the written explanation that all artificial lights would be directed away from adjoining properties. In addition, staff recommends a condition stating that all lights shall be located no closer than 10 feet to the property line and directed internal to the site. 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. This requirement is met. The applicant proposes to fully meet landscape buffer and parking requirements. These items will be evaluated during the final site plan process to ensure they meet zoning code requirements. Site Plan A review of the applicant s conceptual site plan shows the following proposed site improvements: One stabilized parking area providing 16 spaces, one of which is handicapped accessible. Artificial tee mats to practice different golfing techniques. Two target greens with associated sand traps.

5 Page 5 of 24 One large putting green area. One 10-foot wide cart path, with an additional stabilized, turf access road. One 750-square-foot maintenance building. One 1,600-square-foot pavilion with a restroom. Stormwater areas and 10-foot landscape buffer areas. A detailed review of this development will take place during the Final Site Plan review process as required under Section of the zoning code and in the manner required by the land development code, as amended. Special Exception 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 Agricultural Resource future land use designation consists of lands suited for intensive cultivation, ranching, aquaculture, and timber 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 Agricultural Resource areas, non-agricultural uses, such as recreational uses may be allowed by special exception. (b) It is inconsistent with any element of the comprehensive plan. Chapter 1- Section B.2(e), Volusia County Comprehensive Plan specifies uses and conditions within each designated future land use. The subject property has an Agricultural Resource future land use designation. Recreational facilities are considered a diverse use, and may be allowed under the Agricultural Resource future land use designation. The maximum floor area ratio shall not exceed ten percent (0.10 FAR), and the facility as proposed, has a FAR of Therefore, the proposed recreational facility is consistent with the future land use element of the Volusia County 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 proposed plan currently meets the specific special exception requirements for this type of facility. Specific details of the plan, such as but not limited to, the landscape buffer areas and lighting, will be reviewed during the final site plan process.

6 Page 6 of 24 (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 the 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 scale of this recreational area, and the limited user base, will not substantially increase traffic on the local road network, and will not generate undue traffic congestion. Marsh Road is classified as a two-lane rural minor collector. It has an adopted level of service of C, allowing a capacity of 12,300 annual average daily trips (AADT). In 2017, the road segment adjacent to the site had 920 AADT. Given the limited number of students and coaches that will use this site, this use is unlikely to generate enough trip volume to reduce the level of service. Any potential traffic issues will be addressed during the final site plan review process. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. The impacts of the golf practice facility will be mitigated through the use landscape buffers, lighting guidelines and enforced hours of operation. It is not anticipated that the practice golf facility will create a hazard or public nuisance, or be dangerous to individuals or the public. (h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings. Landscape buffering and screening, as well as limitations on the hours of operation, site lighting, and loud speakers, are imposed to facilitate compatibility with surrounding properties. The low intensity use of a university golf practice facility is not anticipated to adversely affect the value of surrounding agricultural lands or materially alter the character of the surrounding neighborhoods. On average, there will be 4 to 6 people utilizing the facility. Within a one-half mile radius of the subject property the area is largely agricultural. The majority of homes are dispersed on large acreage parcels, and there are two smaller lot subdivisions on Lake Daugharty that are not fully developed. Mitigation through landscape buffers, lighting guidelines and enforced hours of operation will keep the facility in harmony with the surrounding properties. (i) It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. The applicant will be required to comply with a list of items requested by the Volusia County Environmental Management Division, including but not limited to specimen tree preservation requirements, tree surveys, and gopher tortoise surveys. All environmental issues will be addressed during the final site plan process.

7 Page 7 of 24 V. STAFF RECOMMENDATION Forward the special exception, case number S , to county council for final action with a recommendation of approval, subject to staff conditions: 1. Special Exception approval is limited to the use and site improvements as permitted by this Special Exception and as shown on the site plan submitted August 29, The Special Exception is subject to compliance with applicable county land planning regulations of Chapter 72 county code. Any proposed expansion of the proposed use or change of use will require approval of a new Special Exception. 3. Before the commencement of any site work, the applicant shall submit for review and approval of a Final Site Plan application to Land Development Activity, as provided under Section , zoning code, as amended. The Special Exception plan may be modified during the final plan review process to comply with Chapter 72 of the county code. 4. A site lighting plan shall be submitted during the final site plan stage of development. All fixtures shall be directed downward and shielded to prevent light pollution from impacting the surrounding areas. All lights shall be located no closer than 10 feet to the property line and directed internal to the site. Lighting fixtures shall be limited to 20 feet in height. 5. No loudspeaker or call system shall be used. This does not limit the use of an emergency lightning notification system for the protection of golfers. 6. Hours of Operation shall be limited to 7 a.m. to 9 p.m. weekdays; 7 a.m. to 7 p.m. weekends and holidays. 7. Parcel and Parcel shall be combined into one parcel under unified ownership. 8. Any special event outside of normal golf team activities shall be limited to once per quarter year, and limited in scope not to exceed existing on-site parking. VI. ATTACHMENTS Written Explanation Boundary Survey Special Exception Site Plan Technical Staff Review Comments Map Exhibits

8 Page 8 of 24 VII. AUTHORITY AND PROCEDURE The commission may, except as otherwise provided in Section of the zoning code, authorize, after due public notice upon application on a form prescribed by the zoning enforcement official, such variance or variances from the terms of this ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provision of this ordinance would result in unnecessary and undue hardship. Said variance application shall be heard only if it is presented by the person owning 51 percent or more of the specific area of land involved or upon an administrative application by the county council. Any new information to be presented at the planning and land development regulation commission meeting for any application will be grounds to continue an application to the next planning and land development regulation commission meeting. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission meeting.

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11 Page 11 of 24 SPECIAL EXCEPTION SITE PLAN S

12 Page 12 of 24 Mike Holmes, Planning Director STAFF REVIEW COMMENTS Meeting Date: September 13, F-TRS-0358, RSN CITY OF DELAND 2018-F-TRS-0358 Staff has reviewed the requested application and has no comment. * * * * * * COMMERCIAL PLANS REVIEW Mike Campbell, Commercial Plans Examiner 2018-F-TRS-0358 Staff has reviewed the requested application and provides the following comments: 1. Location on lot. (Sections , , FBC-B); Commercial: Land Development and/or Zoning approved site plans to include accessible parking, aisle and route(s), setbacks, building separations. (104 VCLDC, FBC). 2. Survey. (Section , Section 22-2, FBC); Sealed survey w/ original signature; flood zone determination, pre-construction elevation certificate if applicable (See Special Flood Hazard section or CCCL sections as appropriate). 3. Special Flood Hazard Area. (Section ); Design and documentation requirements for structures located within or partially located within a designated flood zone per the Flood Insurance Rate Maps FBC-B Wind loads. Design by Florida registered architect or engineer (ASCE 7-10) or exceptions. Basic wind speed in mph per applicable figure 1609 A, B, or C maps depending on the risk category of buildings or other structures (Section 22-3). Wind exposure category (C or D capacity). Components and cladding; design wind pressures. Wind-borne debris protection. Verify exposure, pressures, glazing protection and complete "Component and Cladding Design Information" form. 5. Section 503 FBC-B. General Height and Area Limitations. Special industrial, buildings on same lot, Type I construction, basements, group A & E basements. 1

13 Page 13 of T503, 504, 505, 506, 507, FBC-B. Allowable Height and Building Areas. Special unlimited height, automatic sprinkler system increase, roof structures, mezzanines, area modifications, unlimited area buildings, mixed use and occupancy, non-separated occupancies, separated occupancies, special provisions. Note: The required Plan Review for Florida Building Code compliance will be performed at the time of permit application for the proposed buildings, structures and facilities. Items such as a handicapped accessibility, vertical accessibility with-in the building and site facilities, automatic sprinkler systems, fire alarm systems, emergency exit lighting, accessible means of egress, minimum plumbing facilities, outdoor ventilation air and 2017 Florida Building Code-EB requirements if applicable. Plans/ drawings are required for all permit applications. In general, the plans will need to be of professional grade/ quality, meet the minimum submission requirements of FBC (as applicable) and will need to be reviewed for code requirements by a FL registered architect or engineer (requires raised seal). The permit application normally needs to be filed by a licensed contractor (Owner/ occupiers may apply for the permit if the exemption requirements of SS 489 are met. * * * * * * CURRENT PLANNING Steven Bapp, Planner II for Scott Ashley, AICP, Senior Zoning Manager 2018-F-TRS-0358 Staff has reviewed the requested application and provides the following comments: 1. The subject property is zoned Prime Agriculture (A-1). According to the proposed layout plan, the project is a golf practice facility with associated off-street parking, stormwater management, and two buildings totaling 2,350 square feet on ±20 acre site. This proposal is classified as a recreational facility and thus, is a special exception use in the A-1 zoning classification. The applicant would be required to submit an application for a special exception, pursuant to Section , of Chapter 72, Land Planning, Article II, Zoning (ZC), with the final approval granted by the Volusia County Council. 2. The subject property has an Agricultural Resource (AR) future land use designation. Recreational facilities are considered a diverse use, and allowed under the AR future land use designation. The maximum Floor Area Ratio shall not exceed ten percent (0.10 FAR). 3. The minimum A-1 lot width requirement of each lot must be 150 feet measured at the front building setback line. For the A-1 zoning classification, the front yard setback is 100 feet. The proposed plan meets this requirement. The minimum lot 2

14 Page 14 of 24 size is 10 acres. The proposed facility includes parcel (9.47 acres) and parcel (10.01 acres). As the two parcels are under common ownership and parcel is nonconforming, the two parcels must be combined into a unified site. 4. Pursuant to Section (3), of the ZC, the following are required: a. The total lot area covered with principal and accessory buildings shall not exceed 15 percent; 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; c. No principal or accessory building, swimming pool or tennis court shall be located less than 50 feet from any lot line; d. No outdoor loudspeaker or call system shall be audible on adjoining property; and e. All artificial lights shall be directed away from adjoining properties. f. Unless waived by the County Council, off-street parking areas meeting the requirements of Section , of the ZC, and landscaped buffer areas meeting the requirements of Section , of the ZC, shall be constructed. 5. This proposed parking project consist of 16 parking spaces. Pursuant to Section (10), of the ZC, a minimum of one handicap parking spaces is required for this project. 6. On the final site plan, the applicant shall include sign information and exhibits, which at a minimum shall include location(s), height(s), and copy area(s) for all proposed project signs, pursuant to Section , of the ZC. *Additional comments may be submitted based on review of a future plan submission. * * * * * * 3

15 Page 15 of 24 Joe Spiller, Civil Engineer II DEVELOPMENT ENGINEERING 2018-F-TRS-0358 Staff has reviewed the requested application and provides the following comments: 1. Pursuant to Section (a), of Chapter 72, Land Planning, Article III, Land Development (LDC), the proposed development shall require a stormwater management permit. 2. Pursuant to Section , of the LDC, a Use Permit is required for any work proposed within the County right-of-way. * * * * * * ENVIRONMENTAL PERMITTING Keith Abrahamson, Environmental Specialist III September 4, F-TRS-0358 Staff has reviewed the requested application and provides the following comments: 1. The project must comply with County specimen tree (ST) preservation requirements pursuant to Section , of the LDC. Please identify all STs on the entire parcel and demonstrate compliance by providing the total number of STs on-site, the number of STs per acre, the number of STs required to be protected pursuant to the LDC and the number of STs that will actually be preserved within the development. 2. A tree survey is required for all trees at least six (6) inches in diameter at breast height with specimen and historic trees noted. The tree survey must identify pine and hardwood trees by specific species. 3. Please include a tree removal plan which indicates all trees planned for removal, including those with encroachment into the drip line (approximated as one foot of radius per inch of tree diameter), and label them with an X or similar notation. 4. Tree removal and replacement calculations must be submitted for all trees at least six (6) inches in diameter at breast height removed on site. Existing trees between two (2) inches and six (6) inches may count toward replacement. Please demonstrate how replacement will be provided for the development. 4

16 Page 16 of Pursuant to Section , of the LDC, this site must meet the minimum tree coverage standard of one tree per 2,500 square feet of parcel area (rounded up to the nearest whole tree). Please demonstrate that there are a sufficient number of trees on-site to meet this requirement. 6. This property has been identified as containing suitable habitat for the gopher tortoise (GT), a threatened species. Pursuant to Section of the LDC, a 100% GT burrow survey is required to be conducted by an Authorized Agent to determine if GT burrows or their 25-foot buffers are located on the property. If any GT burrows are found on-site and their 25-foot buffers cannot be avoided, a Florida Fish and Wildlife Conservation Commission GT relocation permit will be required. Please be aware that Environmental Permitting may request the applicant redesign the project to avoid GT burrow impacts. Chris Weir, Fire Safety Reviewer * * * * * * FIRE SAFETY 2018-F-TRS-0358 Staff has reviewed the requested application and provides the following comments: 1. NFPA 101 requires plan submittal to include the maintenance building and pavilion for review. 2. Both structures are required to have one roof truss sign each, attached on the plans and in compliance to FS Maintenance building requires one 3A40BC fire extinguisher with a tag from a licensed fire equipment service of contract. * * * * * * 5

17 Page 17 of 24 John H. Stockham, ASLA, CFM LAND DEVELOPMENT 2018-F-TRS-0358 Staff has reviewed the requested application and has the following informational comments: 1. The parcels front and have access to a county maintained public road. These parcels are eligible for building permits and must be combined through the county s exempt unrecorded subdivision process in order to create a unified project site. 2. The project must be reviewed through the final site plan review process. The first step is the review of a Conceptual Site Plan (CPN), followed by a Final Site Plan (FSP) application that will be reviewed by the Development Review Committee (DRC). Site work may not commence until a development order has been issued by the Land Development office. 3. The project area does not lie within a special flood hazard area pursuant to the Federal Emergency Management Agency (FEMA) flood insurance rate maps (FIRM). * * * * * * HEALTH Laura Kramer, Septic Program Coordinator DOH/Volusia County Public Health Unit 2018-F-TRS-0358 No comments were available at the time of printing. * * * * * * SCHOOL BOARD Eric Kozielski, Planning & GIS Specialist September 4, F-TRS-0358 Staff has reviewed the requested application and has no comment. * * * * * * 6

18 Page 18 of 24 SURVEY Mark E. McClain, Engineering Assistant September 4, F-TRS-0358 Staff has reviewed the requested application and provides the following comments: 1. A signed and sealed survey, meeting the requirements of the Volusia County Land Development Code and in accordance with the Standards of Practice as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, of the Florida Administrative Code, section , Florida Statutes, will be required at the Final Site Plan submittal. Anthony Taylor, Engineering Assistant * * * * * * TRAFFIC 2018-F-TRS-0358 Staff has reviewed the requested application and provides the following comments: 1. Section , of the LDC, specifies requirements regarding off-street parking. The following notes within this section are made in reference to the proposed parking area: a. Drive aisle width must be a minimum of 24 feet; b. Parking stalls must be a minimum of nine-foot by 19-foot for a standard space and twelve-foot by 20-foot with a five-foot wide adjacent ingress/egress aisle for a handicap space; c. No parking stall shall directly abut a driveway; d. The minimum distance for any drive aisle or parking space to any structure or property line is five feet; e. All parking spaces are to be curbed; and f. There must be a minimum row-end backup area depth of 15 feet. 7

19 Page 19 of All handicapped parking spaces shall be accessible by a curb cut or curb ramp, and shall comply with the standards specified in the Florida Accessibility Code for Building Construction, latest edition, published by the Florida Department of Community Affairs and F.S Section specifies requirements regarding driveways. The following comments within this section are made in reference to said requirements: a. A 36-inch stop sign, 24-inch white thermoplastic stop bar, and a minimum of 25 feet of six-inch double yellow thermoplastic centerline striping are required within the driveway; b. The minimum driveway width is 24 feet; c. There must be a minimum 25 feet of stacking from the right of way line to the nearest parking stall or intersecting drive aisle; and d. Driveway radii will be a minimum of 30 feet. 4. Marsh Road is a County collector thoroughfare road with a posted speed limit of 35 MPH. By code, a right turn lane of 155 feet in length and 12 feet in width will need to be provided for entering this facility. 5. Additional right of way will need to be dedicated to the County. As documented in section , of the LDC, a two-lane rural collector roadway requires 40 feet of right of way from the center of the roadway. * * * * * * UTILITIES Scott Mays, P.E., Utilities Engineer September 4, F-TRS-0358 Staff has reviewed the requested application and has no comment. * * * * * * 8

20 S FERNVIEW RD KENT RD ROBINETTE LN PROPERTY LOCATION S MCCORVEY RD DR MARSHVIEW Page 20 of 24 DOTWOOD DR MARSH BEND (MARSH RD) CR 4047 LAKE VIEW CT NEW MARSH RD DAUGHARTY LAKE HOLLY ACRES CT SAND PINE TR DOUBLE CUT DR H ORTLINE CT SUBJECT PROPERTY 1 " = 1,000 ' I 9/13/2018

21 DOUBLE CUT DR AERIAL S Page 21 of 24 MARSH BEND CR 4047 (MARSH RD) 1 " = 400 ' SUBJECT PROPERTY IMAGE DATE 2015 I 9/13/2018

22 DOUBLE CUT DR ZONING CLASSIFICATION - CURRENT S Page 22 of 24 RC MARSH BEND A-1 RC CR 4047 (MARSH RD) C SUBJECT PROPERTY 1 " = 400 ' I 9/13/2018

23 DOUBLE CUT DR FUTURE LAND USE S Page 23 of 24 ESC MARSH BEND CR 4047 (MARSH RD) AR C ESC SUBJECT PROPERTY 1 " = 400 ' I 9/13/2018 AGRICULTURE RESOURCE ENVIRONMENTAL SYSTEMS CORRIDOR CONSERVATION

24 DOUBLE CUT DR ECO/NRMA OVERLAY S Page 24 of 24 MARSH BEND CR 4047 (MARSH RD) SUBJECT PROPERTY ECO NRMA 1 " = 400 ' I 9/13/2018