July 11, Planning and Land Development Regulation Commission (PLDRC)

Transcription

1 Page 1 of 52 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: July 11, Planning and Land Development Regulation Commission (PLDRC) PUD Rezoning from Rural Agricultural Estate (RA) to Business Planned Unit Development (BPUD) Tomoka Farms Road, Port Orange Dwight DuRant, P.E., Zev Cohen and Associates, agent for owner Robert Croasmun Scott Ashley, AICP, Senior Zoning Manager I. SUMMARY OF REQUEST The applicant is requesting rezoning to a Planned Unit Development classification with a Business sub-classification (BPUD) to allow for the development of a 5,000-square foot convenience store with fueling service and a 5,000-square foot retail unit. The property presently contains a single-family dwelling and a nonconforming feed store. The property is in the Tomoka Farms Village Local Plan, which is one of the county s Local Plan areas designated by the Volusia County Comprehensive Plan. Staff recommendation: Forward the PUD rezoning application, case number PUD , to county council for final action with a recommendation of approval, subject to the attached staff recommended order and resolution and conditions.

2 Page 2 of 52 II. SITE INFORMATION 1. Location: The property is located at the northwest corner of the intersection of County Road 415 (Tomoka Farms Road) and Taylor Road, Port Orange. 2. Parcel No(s): Property Size: 2.4 acres 4. Council District: 3 5. Zoning: Rural Agricultural Estate (RA) 6. Future Land Use: Rural, Tomoka Farms Village Local Plan 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE CURRENT USE North: RA Rural (R) Wooded and vacant property East: BPUD and RA Rural (R) Convenience store South: RA and MH-3 Rural (R) Vacant West: RR Rural (R) Single-family dwellings 10. Location Maps: Zoning Map Future Land Use Map

3 Page 3 of 52 III. BACKGROUND AND PREVIOUS ACTIONS The property contains a single-family dwelling and a nonconforming feed store use and structure. The development character of the area consists of single-family dwellings on agriculture zoned properties, with or without agricultural uses, and convenience store use. In 2013, county staff wrote a Zoning Enforcement Official determination letter dated April 22, 2013, finding the existing feed store was a legal nonconforming use and it could operate under the provision of section (2) of the zoning code. The feed store use has been the subject of code compliance complaints over the years, regarding outside storage and display of products, sale of nonagriculturally related products and signage. The current RA zoning classification permits single-family residential dwellings as a permitted principal use with ancillary personal use agricultural pursuits. If this application is approved, this BPUD proposal will allow the option to develop certain commercial uses. However, the applicant has indicated that the primary land uses will be a convenience store and retail feed store. The current Rural (R) future land use designation may also allow neighborhood convenience uses and individual office buildings as transitional uses pursuant to Comprehensive Plan's policies and locational guidelines. IV. REVIEW CRITERIA AND ANAYLSIS BPUD MASTER DEVELOPMENT PLAN Staff has reviewed the proposed Master Development Plan, which consists of a written development agreement and the Preliminary Plan. Staff recommendations regarding the written development agreement have been provided within the attached BPUD document. Development Agreement - Paragraph D.1 of the development agreement limits the proposed list of permitted uses of the property to retail and personal services intended to primarily serve the immediate population, and that cater to visitors to Volusia County. In addition, to address past code enforcement issues associated with the current nonconforming feed store staff has proposed wording in the development agreement to require that all business activities be conducted entirely within an enclosed building. Paragraph E of the agreement proposes minimum yard sizes that are a blend of those required for the area rural residential zoning classifications: 75-foot front yard from Tomoka Farms Road, 40-foot front yard from Taylor Road, 50-foot north and west side

4 Page 4 of 52 yards. Maximum lot coverage would be limited to 35% of the property, and maximum building height is proposed at 35 feet, which is the minimum allowed by the adjacent RR and RA classifications. Landscape buffers are described in the agreement as having widths of 25 feet adjacent to each right-of-way and 30 feet on the sides. The buffer widths meet the minimum code requirements overall and exceed them in certain areas. Because the property is located on a county thoroughfare, the non-residential development design standards shall apply. The applicant is proposing that the development meet a Florida Vernacular architectural design theme and must be comply with certain design specifications listed under Exhibit C of the agreement. The agreement also proposes specific standards for illumination. Unless specified in the agreement, such requirements default to county code standards. The agreement also defers to the zoning and development codes with respect to off-street parking, and loading, signage, environmental protection, water and sewer facilities, stormwater drainage, access, roadways, and fire protection. Additional standards in Paragraph M.3 prohibit outside sales and storage products, supplies or equipment, which shall be restricted to an enclosed building screened from public view. Given the property code compliance history, the terms for agreement expiration have been shortened from the typical five years. If approved, the owner has two years from the effective date to submit a subdivision Overall Development or Final Site Plan application to the County. If this condition is not met, the agreement expires and becomes null and void. Preliminary Plan The proposed plan depicts the location of the two proposed 5,000-square foot commercial buildings, associated offstreet parking area primary along the eastern portion of the property, landscape buffer areas, access points onto County Road 415 (Tomoka Farms Road) and Taylor Road, and the stormwater management areas. To better protect the residential developed lots to the west, a 30-foot landscape buffer will established and maintained between the west property line and the proposed business buildings. The layout of the off-street parking area must be located between the commercial buildings and adjacent Tomoka Farms Road to provide this buffer and prevent vehicular access and parking behind the buildings. This plan is conceptual in nature and does not constitute final site plan approval. Pursuant to the zoning code, a detailed review of this development will take place during the Final

5 Page 5 of 52 Site Plan review process to assure compliance with applicable sections of Chapter 72 of the Code of Ordinances, including but not limited to, landscaping, off-street parking and stormwater management prior to construction of the facility. ZONING AMENDMENT CRITERIA Section (e) of the zoning code includes eight criteria that the Commission shall consider during the review of a rezoning application as follows: (1) Whether it is consistent with all adopted elements of the comprehensive plan. The Rural future land use designation is described in the comprehensive plan as follows: Rural (R) - This designation consists of areas which are a mixture of agriculture and low density residential development. Rural areas provide two functions, the first being a transitional use between the agricultural and urban uses and the second would be a rural community which serves as the economic focal point of a small region. Rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas. Strict limitation of development in rural areas contributes to the efficient growth and operation of public services and facilities, thus ensuring the most effective use of public resources. The natural features and constraints will be the primary determinants in deciding whether or not an area is suitable for rural type development. According to the Future Land Use/Zoning Consistency Matrix, the proposed BPUD zoning classification is generally conditionally compatible with the Rural future land use designation. However, because each PUD is unique, the specific BPUD proposal must also be found to be consistent with goals, objectives, and policies of the entire comprehensive plan. The following Future Land Use Element policies are generally applicable to the proposed use in a rural residential area. POLICIES: Nonresidential development may be permitted within rural areas provided it meets the appropriate location criteria and the following standards: a. Commercial uses should contain retail and personal services intended to primarily serve the immediate population, but may allow uses that cater to visitors to Volusia County; b. The amount of commercial development appropriate for any rural area should be relative to the population being served and the character of the community but should not exceed a thirty-five percent Floor Area Ratio (0.35 FAR); c. Commercial uses should be concentrated at the center of activity in a cluster and preferably at the intersection of major roadways; and,

6 Page 6 of 52 d. Industrial uses should not disrupt the rural lifestyle in the community by not generating excessive noise, fumes, traffic, wastes/pollution or consuming inordinate amounts of ground water. In addition, industrial uses shall not be located within Rural Recreation areas Business uses as outlined under the Commercial designation and appropriate rural oriented recreational uses, excavations, and disposal operations that need a Special Exception may be permitted in non-urban areas within the following guidelines: a. Size of parcel should not exceed 5 acres, unless the use can be specifically related to agricultural support such as sawmills or processing, packaging, storage, and shipping of agricultural products, rural oriented recreational use, or is a disposal or extraction oriented use. A Floor Area Ratio of up to thirty-five percent (0.35 FAR) will apply unless the use is specifically related to agricultural support or is a disposal or extraction oriented use; b. Uses must be located on major roadways or intersections with major roadways and not be allowed to locate on local or unpaved roads; c. Signage shall comply with Section , Thoroughfare Overlay Zone regulations from the Zoning Ordinance 80-8, as amended; and d. Business uses shall not disrupt the rural lifestyle by being compatible with the area's rural character (does not generate increased traffic, generally serves the local population and agricultural uses, be of single use, low profile, limited square footage format, etc.) The proposed application meets this two policies. The type of land uses proposed reflect the characteristic of neighborhood business area and neighborhood convenience listed under the Chapter 20 Definitions, 140. Shopping Centers of the Volusia County Comprehensive Plan. Land Use Location Guidelines: These criteria are to serve to direct the placement of future land uses and to ensure compatibility between land uses. The Land Use Location Criteria are declared to be a part of the adopted Future Land Use Policies. 2. Commercial (Generally-applicable to all commercial): a. Be located in planned centers to avoid strip commercial development; b. Not be located solely on local streets (major frontage on thoroughfare roadways);

7 Page 7 of 52 c. Be located in areas which are adequately served by the arterial and collector road system so as not to unduly burden the local road network serving adjacent neighborhoods; d. Have adequate area and road frontage to allow for controlled access points and proper spacing between driveways to minimize the impact on the operating capacity and safety of the adjacent road network; e. Have sufficient area to provide adequate parking, landscaping, stormwater management, and building setbacks; f. Where appropriate, utilize service roads, shared access, or local roads at intersections with major roads; g. Be located in areas to best serve population concentrations; (where market studies are done for a proposed commercial development, they should be submitted for County consideration); h. If located adjacent to existing residential neighborhoods, be developed to provide adequate buffers, maintain adequate tree cover, prevent unwanted glare from outside lighting, and maximize visual compatibility with the surrounding neighborhoods; these commercial developments are encouraged to apply the Business Planned Unit Development requirements; i. If developed inside a Residential Planned Unit Development (RPUD), be located and designed to service primarily that development's population; j. If located at the intersection of two major roads, there shall be a mix of commercial uses (i.e., office, retail, and service) to provide a wide range of goods and services; k. Commercial development as part of an Activity Center may be appropriate if access is provided with appropriate pedestrian linkages, internal trip capture is encouraged, and reduced impact on thoroughfare roads can be documented; and, l. Be located such that all structures area outside the 100 year flood plain. The request is compatible with commercial guidelines b, c, d, e, f, h, j, and l. Furthermore, given its location, the following specific policies of the Tomoka Farms Village local planning area are applicable to the proposed rezoning request:

8 Page 8 of 52 POLICIES: TOM 1.1.1: Preserve the existing land use intensities and densities currently designated on the Volusia County Land Use Map for the area within the Tomoka Farms Village Local Plan. TOM 1.1.3: Applications to convert beyond the existing rural land use densities and intensities within the Tomoka Farms area shall be discouraged. Clustering, larger setbacks, and other design standards may be utilized to keep the community s rural appearance. TOM 1.1.4: The pattern of the low density rural single family residential and agricultural land uses shall be maintained. Potential road improvements will be studied, planned and designed to move traffic through Tomoka Farms area and not increase density/intensity to urban land uses. POLICIES: TOM 1.2.2: The County shall continue to maintain the rural and agricultural appearance of the Tomoka Farms area through the appropriate use of setbacks, visual appearance design standards and the PUD process. This rezoning application is consistent with the above-mentioned policies of the comprehensive plan. The proposal does not planned uses that will be beyond the existing the land use intensities permissible in the Rural future land use designation that covers most within the Tomoka Farms area. Pursuant to the Master Development Plan, the project is proposing larger setbacks, visual appearance standards and the PUD process to keep maintain the community s rural appearance. Staff finds this application is consistent with the comprehensive plan. (2) Its impact upon the environment or natural resources. The requested rezoning should not affect the environment or impact the site s natural resources, as the property is not within an area requiring special environmental review. The property is not in a 100-year floodplain and it is also not within the NRMA or ECO overlays. All future development proposals are subject to the minimum environmental protections established in the land development code as reviewed during site plan review. In addition, the property area is already mostly due to property use and existing site improvements. (3) Its impact upon the economy of any affected area. The property is in an area containing a mix of rural residential development, agriculture use lands and a commercial convenience store and feed store. The requested change to the BPUD zoning classification will not introduce new uses that do not already exist in the area or could be developed based on area existing zoning classifications. Therefore, the application will have no impact upon the economy of the area.

9 Page 9 of 52 (4) Notwithstanding the provisions of division 14 of the Land Development Code [article III], its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems. Schools: The BPUD classification is a commercial classification that will have no impact on area schools. Sewage disposal and potable water: The property is currently connected to municipal water service from the City of Port Orange and on-site sanitary septic. Under this proposed application, the planned development will continue to rely on these same utility services. Fire and law enforcement: Volusia County is the service provider for fire and local law enforcement protection. County Fire Station No. 12 is located less than 600 east of this property on Taylor Road. Solid waste: Development of this site should not degrade the level of service standards for the county s solid waste facilities. Volusia County s Tomoka Landfill site has solid waste capacity to serve this development. Transportation: Redevelopment of this property will produce more daily trips, and that redevelopment will be to the applicable transportation requirements of the land development code and shall be reviewed for compliance during a future site plan review.. (5) Any changes in circumstances or conditions affecting the area. There has been no substantial changes to the surrounding area. (6) Any mistakes in the original classification. There are no mistakes in the property s current zoning classification. The purpose and intent of the RA Rural Agricultural Estate classification is to provide for development, in a manner which is consistent with the comprehensive plan, in rural areas of the county. The Tomoka Farms Village area continues to be well served by this zoning classification, in accordance with the comprehensive plan. (7) Its effect upon the use or value of the affected area. The change to the BPUD classification allows a limited commercial use, while alos allowing continued agricultural related usage. However, determining the effect this rezoning will have on the use or value of the area is difficult to ascertain with the current economic conditions.

10 Page 10 of 52 (8) Its impact upon the public health, welfare, safety or morals. There are no known negative impacts on the public health, welfare, safety, or morals of the community. V. STAFF RECOMMENDATION Forward the BPUD rezoning application, case number PUD , to county council for final action with a recommendation of approval, subject to following conditions: 1. Approval is subject to the attached staff recommended Order and Resolution. 2. The applicant, property owner or successor or assign in title, shall petition to abandonment or vacate an existing County of Volusia 30-foot drainage easement location of the north end of the subject parcel, and replace it with a new realigned 30-foot easement, and obtain county council approval before an application for an Overall Development Plan and/or Final Site Plan shall be submitted for site development review. VI. ATTACHMENTS Proposed Resolution and Development Agreement Survey Preliminary Plan Reviewer comments Drainage Easement and Traffic Analysis Conclusion Map Exhibits VII. AUTHORITY AND PROCEDURE Pursuant to Section , the County Council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a rezoning application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant. Any new information 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.

11 Page 11 of RESOLUTION A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, APPROVING CASE # PUD , KNOWN AS TOMOKA FARMS VILLAGE CENTER, AND AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM THE RURAL AGRIUCLTURAL ESTATE (RA) TO BUSINESS PLANNED UNIT DEVELOPMENT (BPUD) CLASSIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the application of Robert M. Croasmun, hereinafter, Applicant," for rezoning was heard by and before the Volusia County Council, Volusia County, Florida, on. Based upon the verified Application and other supporting documents, maps, charts, overlays, other evidence and instruments; the advice, report, and recommendations of the Growth and Resource Management Department, Legal Department, and other Departments and agencies of Volusia County; and the testimony adduced and evidence received at the Public Hearing on this Application by the Planning and Land Development Regulation Commission on July 11, 2017, and otherwise being fully advised, the Volusia County Council does hereby find and determine as follows: A. That the application of Applicant was duly and properly filed herein on October 5, 2016, as required by law. B. That the Applicant has applied for a change of zoning from the Rural Agricultural Estate (RA) to the Business Planned Unit Development (BPUD) classification for the parcel described in Exhibit A to the Development Agreement for Case # PUD , known as Tomoka Farms Village Center. C. That all fees and costs that are by law, regulation, or ordinance required to be Page 1 of 23 Resolution No Tomoka Farms Village Center BPUD

12 Page 12 of borne and paid by the applicant have been paid. D. That the Applicant is the Owner of a 2.4 acre parcel of land, which is situated in Volusia County. This parcel of land is described more particularly in the legal description, a true copy of which is attached as Exhibit "A" to the Development Agreement for Case # PUD E. That the Applicant has held a pre-application meeting as required by Chapter 72, County Code of Ordinances, as amended. F. That Applicant has complied with the "Due Public Notice" requirements of Chapter 72, County Code of Ordinances, as amended. G. That the said rezoning to BPUD is consistent with both the Volusia County Comprehensive Plan and the intent and purpose of the Zoning Ordinance of Volusia County, Florida ( zoning code ), as codified in Article II of Chapter 72, Code of Ordinances, and does promote the public health, safety, morals, general welfare and orderly growth of the area affected by the rezoning request. H. That the owners of the property, Robert M. Croasmun, agree with the provisions of the Development Agreement, which is attached hereto as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA IN AN OPEN MEETING DULY ASSEMBLED IN THE THOMAS C. KELLY COUNTY ADMINSTRATION BUILDING, COUNTY COUNCIL MEETING ROOM, DELAND FLORIDA, THIS DAY OF, AD, 2017, AS FOLLOWS: A. That the Application of Robert M. Croasmun, for the rezoning of the subject parcel is hereby granted. B. That the zoning classification of the subject parcel described in Exhibit A to the Page 2 of 23 Resolution No Tomoka Farms Village Center BPUD

13 Page 13 of Development Agreement is hereby amended from the RA to the BPUD classification as described in the zoning code. C. That the Official Zoning Map of Volusia County is hereby amended to show the rezoning of said parcel to BPUD. D. With respect to any conflict between the zoning code and this Resolution or the attached Agreement, the provisions of this Resolution and Development Agreement shall govern. The zoning code shall govern with respect to any matter not covered by this Resolution or the Development Agreement. The Volusia County Zoning Enforcement Official will ensure compliance with this Resolution and the Development Agreement. E. Unless otherwise provided in paragraph D, nothing in this Resolution or the Development Agreement shall abridge the requirements of the Code of Ordinances, County of Volusia. Timing and review procedures contained in this Resolution and the Development Agreement may be modified to comply with the Land Development Code of Volusia County, Florida, as codified in article III of Chapter 72, Code of Ordinances, County of Volusia ( land development code ). EFFECTIVE DATE. This resolution is subject to approval of the small scale comprehensive plan amendment for the property described in Exhibit A to the Development Agreement, but shall otherwise take effect immediately upon adoption by the council. DONE AND ORDERED IN OPEN MEETING. COUNTY COUNCIL ATTEST: COUNTY OF VOLUSIA, FLORIDA James T. Dinneen, County Manager Ed Kelley, County Chair Page 3 of 23 Resolution No Tomoka Farms Village Center BPUD

14 Page 14 of 52 Please return recorded document to: EXHIBIT 1 DEVELOPMENT AGREEMENT TOMOKA FARMS VILLAGE CENTER, PUD A. Development Concept. The property shall be developed as a BPUD substantially in accordance with the Tomoka Farms Village Center Master Development Plan (the Tomoka Farms Village Center MDP ). The Tomoka Farms Village Center MDP shall govern the development of the property as a BPUD and shall regulate the future use of this parcel. 1. Master Development Plan. The TOMOKA FARMS VILLAGE CENTER Master Development Plan (MDP) shall consist of the Preliminary Plan prepared by Zev Cohen & Associates, dated May 16, 2017, and this Development Agreement. The Preliminary Plan is hereby approved and incorporated in this Development Agreement by reference as Exhibit B. The TOMOKA FARMS VILLAGE CENTER MDP shall be filed and retained for public inspection in the Growth and Resource Management Department and shall constitute a supplement to the Official Zoning Map of Volusia County. Volusia County Growth and Resource Management 123 W. Indiana Ave., Room 202 Deland, FL Amendments. All amendments to the TOMOKA FARMS VILLAGE CENTER MDP, other than those deemed by the Zoning Enforcement Official's reasonable opinion to be minor amendments, in accordance with section of the zoning code, shall require the review and recommendation of the Planning and Land Development Regulation Commission and action by the Volusia County Council in the same manner as a rezoning of the parcel. Page 4 of 23 Resolution No Tomoka Farms Village Center BPUD

15 Page 15 of Subdivision Approval. After the TOMOKA FARMS VILLAGE CENTER MDP is recorded, and prior to any construction, including clearing and landfill, applications for Overall Development Plan, and subsequently Preliminary Plats and Final Plat, of the area to be subdivided shall be submitted for review and approval in the manner required by Division 2 of the land development code, as amended. 4. Final Site Plan Approval. Prior to issuance of any permits for construction, including clearing and landfill, a Final Site Plan shall be prepared and submitted for review and approval in a manner required by the Land Development Code, as amended, concurrent with, or subsequent to, the submittal of the Preliminary Plat application. The Preliminary Plan meets the minimum submittal requirements of a Conceptual Site Plan application in accordance with the land development code. Therefore, the TOMOKA FARMS VILLAGE CENTER MDP shall be in-lieu of a Conceptual Site Plan application, and the owner/developer is authorized to proceed with submittal of a Final Site Plan application as stated above once this Order and Resolution has been recorded. No Certificate of Occupancy shall be issued until Subdivision Final Plat has been recorded. B. Unified Ownership. The Applicants or their heirs, successors or assigns shall maintain unified ownership of the subject parcel until after the issuance date of the Final Subdivision Plat Development Order. C. Phases of Development. The Property shall be generally developed with two (2) uses as shown on the Preliminary Plan. The development of the TOMOKA FARMS VILLAGE CENTER BPUD, as shown on the Preliminary Plan, may occur in two phases. If development is phased, Lot 1 shall be developed as Phase 1. Lot 1 is the location of the hardware/feed store together with infrastructure and other improvements, Page 5 of 23 Resolution No Tomoka Farms Village Center BPUD

16 Page 16 of except as noted herein, supporting the TOMOKA FARMS VILLAGE CENTER project. Lot 2 is the location of proposed convenience store with gas sales. Supporting infrastructure for Lot 2, except the right and left turn lanes off of Tomoka Farms Road and the right turn lane off of the dead end Taylor Road depicted on the Concept Plan, shall be constructed with Phase 1. Additionally, ingress/egress easements for Lot 1 from Tomoka Farms Road and Taylor Road, along with drainage, maintenance, and utility easements shall be completed concurrent with development of Lot 1. The Property is currently being used for a single-family home and a nonconforming retail business (feed store). These uses are allowed to remain and be maintained until the development of the Property under the terms of this Agreement is initiated. The submittal and subsequent approval of a subdivision or site plan for either phase shall be considered development of the Property. Nothing contained herein is intended to affect the continued enjoyment of the homestead property tax classification for the existing home on the property and the agricultural classification for the existing feed store on the property. D. Land Uses within the BPUD. The development of the Property shall be consistent with the uses prescribed for the proposed TOMOKA FARMS VILLAGE CENTER BPUD. The locations and sizes of said land use areas are shown on the Preliminary Plan, Exhibit B, consistent with the TOMOKA FARMS VILLAGE CENTER MDP. Note, however, that the specific location of the uses and structures within the site may change, provided they meet the development standards provided in Section E, and the processes set forth in Section O. 1. Permitted Uses. The Property shall be used only for the following uses and their customary accessory uses or structures. If a use or structure is not listed as permitted, the Zoning Enforcement Official may permit said use or Page 6 of 23 Resolution No Tomoka Farms Village Center BPUD

17 Page 17 of structure upon a determination that said use or structure is similar to the uses or structures otherwise permitted by the BPUD. a. The existing feed store operation is nonconforming use within a legal nonconforming structure and is allowed to be reestablished if the existing building is ever destroyed pursuant to Section (2) of the zoning code and the Zoning Enforcement Official determination letter dated April 22, The sale of Liquid Petroleum (LP) products is deemed as an allowable use for the feed store and may be continued as well if the feed store operation is reestablished or relocated on the property. In addition, no more than two semitrailers, screened from view, containing only animal feed and supplies are also deemed as an allowable accessory use for the feed store and may be continued if the feed store is reestablished or relocated on the property. However, the use of the semitrailers as an accessory use shall cease upon the development of Lot 2. The semitrailers shall be enclosed on three sides by a minimum eight-foot high opaque fence or wall, and an eight-foot access gate. Entry to the enclosure shall face inward to the property. The referenced semitrailers and opaque enclosure shall meet the minimum setbacks established under Paragraph E of this agreement. b. Convenience food stores, with the sale of gasoline. c. Specialty stores, such as feed stores, pet shops, health food stores, and postal & shipping stores. d. Professional, business and general offices. e. Daycare centers. Page 7 of 23 Resolution No Tomoka Farms Village Center BPUD

18 Page 18 of f. Public uses. g. Hardware/home improvement/feed store retail center (no more than 5,000 sq. ft. of building area) with retail sale of farm products (feed store) and LP products. E. Development Standards. The maximum building square footage allowed on the project site is limited to 10,000 square feet in gross floor area (GFA), exclusive of the gas pump canopy, which shall be limited to a maximum of 2,600 square feet, and a maximum of three fuel dispenser islands and 12-fueling positions. 1. Maximum number of lots: 2 lots 2. Minimum lot area: 1.0 acre per lot 3. Minimum lot width: 150 feet per lot 4. Minimum Setbacks: a. From Taylor Road right-of-way line: 75 feet b. From existing west property line: 50 feet c. From Tomoka Farms Road right-of-way line: 40 feet d. From existing north side property line: 50 feet e. Internal lot lines: 5 feet 5. Maximum lot coverage: 35% 6. Maximum building height: 35 feet 7. Property perimeter landscape buffers: a. Adjacent to Taylor Road: 25 feet b. From existing west property line: 30 feet c. Adjacent to Tomoka Farms Road: 25 feet d. From existing north side property line: 30 feet Page 8 of 23 Resolution No Tomoka Farms Village Center BPUD

19 Page 19 of Landscaping shall comply with the minimum requirements of Section of the zoning code as amended, except as otherwise stated in this document. At least 50% of required landscaping shall be native species that are drought tolerant. The areas labeled on the Preliminary Plan as Tree Preservation Area, existing specimen and historic trees shall be preserved and exotic species removed, with no planting under the canopy of historic or other specimen trees. This area shall remain as landscaped area to ensure a substantial buffer between the property and both Taylor Road and Tomoka Farms Road. The location of the 15-foot Landscape buffer at the north end of the Project takes into account the need to move an existing County drainage conveyance easement which was not originally placed in the correct location. A portion of the ditch which was to be encumbered by that easement lies to the south of the easement. The Applicant shall apply to vacate the existing 30-foot easement and replaced it with a new 30-foot easement that is shifted 20 feet south of its current location, subject to applicable county procedures. The easement abandonment and vacation process shall be completed before submission of an Overall Development and/or Final Site Plan application. The landscape buffer shall consist of a) the existing natural vegetation in the 15 feet north of the new easement location, which shall be supplemented with native vegetation, as necessary, where there are any gaps in the existing vegetation, and b) a row of understory trees and shrubs planted within a minimum 10-foot wide strip on the edge of the north stormwater pond s southern maintenance berm as depicted on the Preliminary Plan. Page 9 of 23 Resolution No Tomoka Farms Village Center BPUD

20 Page 20 of Minimum building separation: 15 feet 9. Off-street parking and loading requirements: Off-street parking spaces shall meet the applicable use threshold provided by Section of the zoning code, as amended. Loading requirements shall be in accordance with Section of the zoning code as amended for both Lot 1 and Lot Signage: Signage shall comply with all applicable standards contained in the zoning code, as amended, including Section Sign Regulations, and Section Nonresidential Development Design Standards. 11. Nonresidential Development Design Standards: The requirements of Section Nonresidential Development Design Standards of the zoning code, as amended, apply as stated by said Section , except that the project will have all of its parking in the front of the buildings in order to provide the greatest distance between the adjacent residential area and the vehicular use areas. Furthermore, due to the width of the property which abuts agricultural and residential land uses to the west, any parking in the rear of the building would require locating it in the building setback area abutting the residential area. The architectural design within the BPUD shall comply with a Florida Vernacular style, as defined in the Design Standards (Exhibit C). Additionally, the following requirements shall apply: a. A common architectural theme (Florida Vernacular) shall be established by harmoniously coordinating the general appearance of all buildings and accessory structures. For purposes herein, general appearance includes, but is not limited to, exterior wall finishes, construction materials, roof styles, slopes, architectural Page 10 of 23 Resolution No Tomoka Farms Village Center BPUD

21 Page 21 of details and ornamentation. b. All structures shall complement one another and shall convey a sense of quality and permanence. c. Exterior walls facing the public right-of-way shall be constructed of finished materials such as stucco, natural brick or stone, finished concrete, wood or concrete fiberboard, or other similar material on all sides. d. All amenities, accessory structures and signage shall be consistent with the overall theme of the project. e. The fuel dispenser island canopy shall be compatible with the architectural design of the principal structure and this document. f. All service areas and mechanical equipment visible from the public right-of-way (ground or roof) including, but not limited to, air conditioning condensers, heating units, electric meters, satellite dishes, irrigation pumps, ice machines and dispensers, outdoor vending machines, and propane tanks, displays and refilling areas, shall be screened using architectural features consistent with the structure, or landscaping of sufficient density and maturity at planting to provide opaque screening. g. Loading docks and bulk product storage areas shall be located away from the street and screened from public view. h. Architectural elevations shall be submitted with the Final Site Plan application and the Development Review Committee (DRC) shall determine compliance before issuing a development order. Page 11 of 23 Resolution No Tomoka Farms Village Center BPUD

22 Page 22 of Illumination: To minimize obtrusive aspects of excessive and/or nuisance outdoor light usage, while preserving safety, security and the nighttime use and enjoyment of the property a signed and sealed illumination plan shall be submitted with the Final Site Plan application. In order to ensure minimal glare off of the subject property, all lighting fixtures associated with the convenience store and pump island canopy shall have glare guards, oriented away from the west property line, and/or recessed in the canopy to minimize glare. F. Environmental Considerations. The minimum environmental requirements of Chapter 72 of the Code of Ordinances, County of Volusia, as amended, shall be met. G. Sewage Disposal and Potable Water Facilities. Provisions for sewage disposal and potable water needs of the TOMOKA FARMS VILLAGE CENTER BPUD will be provided in accordance with the comprehensive plan, the land development code and Fla. Admin. Code Ann. r. 64E-6. Both sanitary sewer service and potable water service may be provided by the City of Port Orange, Florida; however, pursuant to the August 29, 2005 Settlement Agreement between the City of Port Orange and the County Volusia, ultimate connection to the Port Orange water main requires the County s prior written consent if connection is made prior to the TOMOKA FARMS VILLAGE CENTER BPUD parcel being annexed into City of Port Orange. H. Stormwater Drainage. Provision for stormwater retention shall be in accordance with the land development code. At such time as sanitary sewer service becomes available to the Property, some or all of the area designated as Septic Tank on the Preliminary Plan may be replaced or converted to a stormwater retention area provided Page 12 of 23 Resolution No Tomoka Farms Village Center BPUD

23 Page 23 of that doing so does not require significant alteration of existing improvements, such as the off-street parking lot, and is economically feasible. It would be used for retention of site stormwater that could be practically rerouted to it in order to reduce the size of the stormwater pond on Taylor Road, thus lessening encroachment of that pond into the adjoining landscape buffer. The portion of the pond no longer needed on Taylor Road would then be filled and planted in accordance with the landscape buffer provisions of this Agreement. I. Access and Transportation System Improvements. All access and transportation system improvements shall be provided in accordance with the land development code. The parcel shall be developed in substantial accordance with the following access and transportation system improvements: 1. Access. Access to the project site shall be limited to one driveway access point from Taylor Road and one driveway access point from Tomoka Farms Road as shown on Exhibit B. Site access, pedestrian, bicycle and traffic circulation improvements and access points shall be finally determined during final site plan review and/or subdivision application review, in accordance with the requirements of the land development code as may be modified by the Development Review Committee and/or Volusia County Traffic Engineer as may be necessary to provide required pedestrian, bicycle, and traffic safety improvements on and adjacent to the site. Once the access locations are approved, the Applicant shall establish and dedicate non-vehicular access and pedestrian access easements to Volusia County along the remaining Taylor Road and Tomoka Farms Road frontages, at no cost to Volusia County, with Page 13 of 23 Resolution No Tomoka Farms Village Center BPUD

24 Page 24 of appropriate dedications, statements and notations, as part of the subdivision or final site plan review process. 2. Cross Access. The Applicant shall provide a cross access easement between the internal project lots, and may be required to provide a twenty-four (24)-foot wide cross access easement to adjoining properties fronting on Tomoka Farms Road prior to issuance of a development order for Phase Transportation System Improvements. Transportation system improvements shall be provided as required by the land development code, as determined during final site plan review and/or subdivision review, as may be modified by the Development Review Committee and/or Volusia County Traffic Engineer. J. Internal Roadways. Internal roadway(s), if applicable, shall be constructed in accordance with the applicable requirements and standards of the land development code. K. Fire Protection. The applicant is responsible for providing adequate onsite water supply and other fire protection improvements to serve the TOMOKA FARMS VILLAGE CENTER BPUD project. The design, capacity, and location of the required water supply and other fire protection improvements shall be as required by the Volusia County Fire Marshall s office. L. Building or Property Owners Association. The charter and by-laws of the Property Owners Association (if applicable) and any other agreements, covenants, easements or restrictions shall be furnished to the County of Volusia at the time of creation. The Applicant shall be responsible for recording said information in the Public Page 14 of 23 Resolution No Tomoka Farms Village Center BPUD

25 Page 25 of Records of Volusia County, Florida. In addition, the Applicant shall bear and pay all costs for recording all of the aforementioned documents. With respect to the enforcement of said agreements, covenants, easements or restrictions entered into between the Applicant and the owners or occupiers of property within the TOMOKA FARMS VILLAGE CENTER BPUD, the County of Volusia shall only enforce the provisions of the "Development Agreement" and Volusia County Zoning Code, as amended, whichever is applicable, and not the private agreements entered into between the aforementioned parties. M. Other Requirements. The following additional conditions shall apply to this project. 1. Utility Distribution Lines: All utility distribution lines within the BPUD shall be located underground; however, those appurtenances requiring aboveground installations, such as transformers, junction boxes and similar system elements, may be exempted. 2. Illumination: To minimize obtrusive aspects of excessive and/or nuisance outdoor light usage, while preserving safety, security and the nighttime use and enjoyment of the property, the following apply: a. A signed and sealed illumination plan shall be submitted with the Final Site Plan application. b. In no case shall illumination from the property increase the level of illumination at the property lines by more than half (0.5) fc. c. All light fixture including wall and surface mounted luminaries shall be installed and maintained in such a manner that is fully-shielded down. d. Curfew: All external lighting shall be reduced by 50% after 11 p.m. until Page 15 of 23 Resolution No Tomoka Farms Village Center BPUD

26 Page 26 of sunrise. e. The illumination plan shall not exceed 70,000 lumens per acre (average 1.6 fc). f. Light fixtures shall be decorative in appearance and compliment the architectural style of the building. Light poles shall not exceed twenty (20) feet in height. 3. Outside Sales and Storage and Structures: Storage of products, supplies or equipment shall be within an enclosed building screened from view from any public rights-of-way or adjoining properties, except as otherwise referenced within this document. All business operations and sales of products shall be conducted entirely within an enclosed building or in a permanent structure for which a building permit is required, except as otherwise referenced in this document. Outside sales of products is prohibited, except for gasoline sales. Miscellaneous outdoor structures, such as benches, bicycle racks, trash receptacles, newspaper racks, and any other similar features, shall be compatible with the architectural theme and design of the principal structure. N. Expiration of Development Agreement. The Applicant shall file a Final Site Plan or a subdivision Overall Development Plan within two (2) years from the effective date of this Order and Resolution. Failure to timely file said final site plan or overall development plan shall immediately render the development agreement null and void, unless the Zoning Enforcement Official, for good cause shown, approves a minor amendment to extend the time period indicated in this paragraph. O. Binding Effect of Plans, Recording, and Effective Date. The TOMOKA FARMS VILLAGE CENTER MDP, including any and all supplementary orders and Page 16 of 23 Resolution No Tomoka Farms Village Center BPUD

27 Page 27 of resolutions, and the Preliminary Plan shall bind and inure to the benefit of the Applicant and his successor in title or interest. The BPUD zoning, Order and Resolution and all approved plans shall run with the land. This Order and Resolution and all subsequent Orders and Resolutions shall be filed with the Clerk of the Court and recorded within forty-five (45) days following execution of the document by the Volusia County Council, in the Official Records of Volusia County, Florida. One copy of the document, bearing the book and page number of the Official Record in which the document was recorded, shall be submitted to the Growth and Resource Management Department. The date of receipt of this document by the Growth and Resource Management Department shall constitute the effective date of this Order and Resolution and its subsequent amendments. The Applicant shall pay all filing costs for recording documents. Failure to record this Order and Resolution within the forty-five (45) day period as stated above shall render this Development Agreement null and void. P. Conceptual Approval. The parties hereto acknowledge that reductions in intensity may and do occur; and that minor changes to roadway design, location and size of structures, actual location of parking spaces, specific locations for land uses, and locations and design of stormwater storage, landscape buffers and upland buffers may result in o r d e r to comply with the land development code. A request for such an amendment shall be reviewed by the zoning enforcement official and may be processed as a minor amendment in accordance with section of the zoning code. The Applicant agrees to revise and record the Revised Preliminary Plan which reflects any such changes with the Clerk of the Court immediately following the expiration of the 30 day period for appealing Development Review Committee (DRC) Page 17 of 23 Resolution No Tomoka Farms Village Center BPUD

28 Page 28 of decisions to the County Council. A copy of the Revised Preliminary Plan, bearing the book and page number of the Official Record in which the document was recorded, shall be submitted to the Growth and Resource Management Department. DONE and ORDERED by the County Council of Volusia County, Florida, this day of, ATTEST James T. Dinneen, County Manager STATE OF FLORIDA COUNTY OF VOLUSIA COUNTY COUNCIL COUNTY OF VOLUSIA, FLORIDA Ed Kelley, County Chair The foregoing instrument was acknowledged before me this day of, 2017 by James T. Dinneen and Ed Kelley, as County Manager and Chair, County Council, respectively, who are personally known to me. NOTARY PUBLIC, STATE OF FLORIDA Type or Print Tomoka Farms Village Center: Commission No.: My Commission Expires: Page 18 of 23 Resolution No Tomoka Farms Village Center BPUD

29 Page 29 of WITNESSES OWNER Robert M. Croasmun STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of, 2017 by Robert M. Croasmun who are personally known to me, or they have produced as identification. NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name: Commission No.: My Commission Expires: Page 19 of 23 Resolution No Tomoka Farms Village Center BPUD

30 Page 30 of EXHIBIT A Legal Description Legal Description for Tomoka Farms Village BPUD ZC #13078 Croasmun BPUD PID# That part of the Northeast ¼ of the Southwest ¼, Section 26, Township 16 South, Range 32 East, Volusia County, Florida, being more particularly described as follows: Commencing at the Northeast corner of the Southwest ¼ of Section 26, Township 16 South, Range 32 East; thence South West, a distance of feet to a point on the Westerly Right of Way line of Tomoka Farms Road (S.R. 415-A), said point being the Point of Beginning of this description; thence South West, along the Westerly Right of Way line of Tomoka Farms Road, a distance of feet; thence South West, along the Right of Way line of Taylor Road, a distance of feet; thence North East, a distance of feet; thence North East, a distance of feet to the Point of Beginning. Containing 2.43 acres, more or less. Page 20 of 23 Resolution No Tomoka Farms Village Center BPUD

31 Page 31 of 52 EXHIBIT B Preliminary Plan Page 21 of 23 Resolution No Tomoka Farms Village Center BPUD

32 Page 32 of 52 EXHIBIT C Design Standards Florida Vernacular design guidelines. The following guidelines are required to be incorporated into the building design: a. Massing. Building mass shall be symmetrical. b. Windows. Windows shall be double hung and vertically proportioned, with a minimum of one and one-half feet (1½') of vertical height for every one foot (1') of horizontal width. Secondary windows situated on the sides or rear of the building, in a clerestory with lower windows, in the gables or in dormers may be square. Windows shall be divided into panes with fixed or false mullions on the exterior. The use of closed shutters, three (3) sided fabric awnings, spandrel glass or other appropriate vernacular architectural features shall be permitted to achieve the vertical look. Windows shall have wooden vertical wooden board or louvered shutters, which shall be appropriately scaled to the window so as to appear operable. Windows shall be framed with wood. c. Doors/entrance. Entrances shall feature ground floor covered porches, supported by wooden posts. Doors shall be framed with wood. d. Roof design and materials. Roof style shall be primarily hip or gable, with a minimum slope of eight to twelve (8:12), although porch roofs may have a low slope of four to twelve (4:12) or six to twelve (6:12). All roofs shall be required to display exposed functional or nonfunctional rafters with an overhang. Where flat roof elements are integrated into predominantly sloping roof structures, the top shall be finished with a decorative railing. Where hip roofs are utilized, a cupola shall be provided. All roof materials shall be made of metal shingles, corrugated metal sheet, V-crimp metal sheet or standing seam metal sheet. Metal roofs shall not be painted and the color shall be steel, tin or gray. e. Exterior finish materials. Exterior building materials shall consist of or accurately resemble horizontal or vertical wood siding. Alternative exterior building materials shall include coquina stone, shell-based stucco or brick, provided that such materials comprise no more than one-third (1/3) of any building elevation visible from a public right-of-way. f. Colors. Exterior building materials shall be painted a pastel color. Where two (2) or more exterior building materials are utilized, each shall be painted a different, yet complimentary, pastel color. Where building materials are used as a building base course, the materials shall be painted a dark color which may include the use of earth tones. Trim color shall be white. Doors, garage doors, windows and shutters shall be painted a nonwhite color that is different from the exterior building materials. No two (2) buildings that share the same property line shall be permitted to have exterior building materials painted the same color. Page 22 of 23 Resolution No Tomoka Farms Village Center BPUD

33 Page 33 of 52 g. Details. Required details shall include two (2) of the following: 1. Porch balustrade of wooden spindles or boards; 2. Fish-scale wooden siding, particularly on roof gables; 3. Artistic shutter design featuring stencils, cutouts and the like; 4. Rooftop dormers; and 5. Roofs with louvered "clipped gables." Page 23 of 23 Resolution No Tomoka Farms Village Center BPUD

34 Page 34 of 52 Kenneth J Kuhar Digitally signed by Kenneth J Kuhar Date: :09:59-05'00'

35 Page 35 of 52 CN=Stephen R Burns, OU=ZEV COHEN AND ASSOCIATES INC., O=IdenTrust ACES Business Representative, C=US Reason: I have reviewed this document Date: :22:43-04'00' Digitally signed by Stephen R Burns DN: OID =A B30CFDA ,

36 Page 36 of 52 CN=Stephen R Burns, OU=ZEV COHEN AND ASSOCIATES INC., O=IdenTrust ACES Business Representative, C=US Reason: I have reviewed this document Date: :23:08-04'00' Digitally signed by Stephen R Burns DN: OID =A B30CFDA ,

37 Page 37 of 52 Staff Review Comments Resubmittal Date: May 26, 2017 Durant/Croasman Tomoka Farms Village Center BPUD PUD , RSN Joe Spiller, Civil Engineer II DEVELOPMENT ENGINEERING Durant/Croasman Tomoka Farms Village Center BPUD PUD Staff has reviewed the requested submittal and provides the following comments: 1. The existing drainage easement is 30 feet wide and includes language in the document that allowed for the County to have reasonable right to enter upon adjoining lands for the purpose of exercising the rights granted. Although the proposed revised easement shown on plans is indicated to be 30 feet wide, there does not seem to be consideration for the right to enter upon adjoining lands. The proposed adjacent areas are natural preservation areas and the stormwater pond. 2. Per Section (a) of the LDC, the proposed development shall require a stormwater management permit. 3. Per Section of the LDC, a Use Permit is required for any work proposed within a County right-of-way. * * * * * * LAND DEVELOPMENT John G. Thomson, AICP, Land Development Manager Durant/Croasman Tomoka Farms Village Center BPUD PUD Staff has reviewed the requested submittal and provides the following comments: 1. Pursuant to the Settlement Agreement between Volusia County and the City of Port Orange on August 29, 2005, this parcel cannot have water lines extended to it without County Council approval, unless there is a documented health and safety issue.

38 Page 38 of The natural preservation area/30-foot landscape buffer is located within the 30-foot Drainage Easement (ORB 1920, Page 1718) located at the north end of the parcel. Please revise the plans to move the natural preservation area/landscape buffer out of this easement. 4. The current version of this site plan will require Final Site Plan approval, under Division 3, of the LDC. The first step in the process is submission of a conceptual site plan pursuant to Section , of the LDC. 5. Pursuant to Section (b)(2), of the LDC, as it regards county thoroughfare roads, any development within two miles driving distance of an existing or proposed school site will require a sidewalk on Tomoka Farms Road. Rock Church Academy and Manthano Christian Academy are within the two-mile requirement from the subject parcel. Melissa Winsett, Planner III * * * * * * TRAFFIC Durant/Croasman Tomoka Farms Village Center BPUD PUD Staff has reviewed the requested submittal and provides the following comments: 1. On June 6, 2017, VCTE contacted the applicant's traffic engineer to obtain, per TPO TIA Guidelines, 2 hard copies of the TIA, a CD with the TIA PDF, TIA Checklist, and all input files, and also a response to VCTE's outstanding 9 TIA comments from March VCTE will review the TIA in full once these materials are received. * * * * * *

39 Page 39 of 52 Inter-Office Memorandum TO: Scott Ashley, Zoning Manager DATE: March 1, 2017 FROM: SUBJECT: Keith Abrahamson, Environmental Specialist III Planning & Land Development Regulation Commission meeting for Date: March 18, 2017 Parcel #: Case #: PUD , DURANT CROASMAN TOMOKA FARMS VILLAGE CENTER BPUD Environmental Permitting (EP) staff has conducted a site inspection and reviewed this application for the proposed Durnat Crossman Tomoka farms Village Center BPUD. There is a historic live oak on site and specimen size trees. EP does not object to the rezoning to BPUD on a conceptual level, but may request adjustments to the plans during future Final Site Plan review, when the applicant will be required to demonstrate compliance with the environmental provisions of the land development regulations. This will include historic and specimen tree preservation, area tree preservation, tree minimum standards, tree removal and replacement. Additional information may be requested at that time.

40 Page 40 of 52 REVIEW STAFF COMMENTS FOR FEBRUARY 21, 2017 RESUBMITTAL DURANT - CROASMUN PUD ARSN: DEVELOPMENT ENGINEERING Joe Spiller March 6, 2017 Comments: 1. The proposed Natural Preservation Area and 30 foot Landscape Buffer are shown within an existing drainage easement at the north limits of the site. The proposed use is in conflict with the easement. 2. Per LDC Sec (a), the proposed development shall require a stormwater management permit. 3. Per LDC Sec , a Use Permit is required for any work proposed within a County right-of-way. ENVIRONMENTAL PERMITTING Keith Abrahamson February 28, 2017 Comments: Environmental Permitting (EP) has reviewed the information provided for the changes to the Business Planned Unit Development (BPUD). EP has no objection to the changes in the BPUD, however the applicant must meet all applicable environmental requirements prior to the Final Site Plan and/or Building Permit approval. FIRE SERVICES Michael Garrett February 28, 2017 Comments: Fire Services has no comments at this time for the rezoning of the property.

41 Page 41 of 52 HEALTH DEPARTMENT Laura Kramer March 8, 2017 Comments: The application proposed to provide potable water by a Safe Drinking Water Act Community Public Water System. Contact the Florida Department of Health in Volusia County Engineering Department for construction specifications and required monitoring and sampling requirements. Per the City of Port Orange Utility Department, potable water lines are across the street and available. Connection is not mandatory. Sewage disposal to be provided by an onsite sewage treatment and disposal system. Based on the anticipated estimated sewage flows, an engineer will be required along with annual operating permits. LAND DEVELOPMENT Samantha West March 10, 2017 Comments: 1. Pursuant to the Settlement Agreement between Volusia County and the City of Port Orange on August 29, 2005, this parcel cannot have water lines extended to it without County Council approval, unless there is a documented health and safety issue. 2. The natural preservation area/30-foot landscape buffer is located within the 30-foot Drainage Easement (ORB 1920, Page 1718) located at the north end of the parcel. Please revise the plans to move the natural preservation area/landscape buffer out of this easement. 3. The current version of this site plan will require Final Site Plan approval, under Division 3, of the LDC. The first step in the process is submission of a conceptual site plan pursuant to Section , of the LDC. 4. Pursuant to Section (b)(2), of the LDC, as it regards county thoroughfare roads, any development within two miles driving distance of an existing or proposed school site will require a sidewalk on Tomoka Farms Road. Rock Church Academy and Manthano Christian Academy are within the two-mile requirement from the subject parcel.

42 Page 42 of 52 TRAFFIC ENGINEERING Melissa Winsett February 22, 2017 Comments: A Traffic Impact Analysis (TIA) pdf for the site plan was submitted as part of the BPUD application. Please know that the applicant's traffic planner previously submitted a transportation analysis specifically for the rezoning application. This analysis was accepted by the Traffic Engineering Division. The site plan application for the project will require a TIA, which the applicant's traffic consultant has already started coordinating with Traffic Engineering. Comments will be provided on the TIA directly with the applicant's traffic planner.

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44 Page 44 of 52 Luke Transportation Engineering Consultants STUDY CONCLUSIONS This study was undertaken to evaluate existing and future Phase and Phase traffic conditions in the vicinity of the proposed Tomoka Farms Village development in west central Volusia County, Florida. The study consisted of the determination of the vehicular trips, which would utilize the area roadways as a result of the proposed redevelopment of the existing site. The results of the study as documented herein are summarized below: The proposed Tomoka Farms Village developed will consist of a 5,000 SF of Specialty Retail Center (Country Garden Feed Store) and a 5,000 SF Convenience Market with 12-vehicle fueling positions. The net new trips to be generated by the proposed commercial redevelopment were estimated at build-out of Phase 1 to be 121 net new daily vehicle trips and 6 net new P.M. peak hour vehicle trips. The net new trips to be generated by the proposed commercial redevelopment were estimated for the cumulative build-out of Phase 2 to be 1,241 net new daily vehicle trips and 113 net new P.M. peak hour vehicle trips. The Project s Phase 2 peak hour trips were directionally distributed and assigned to the study roadways within the 5-mile Critical/Near Critical impact area. All the study roadway segments to be significantly impacted by the proposed development currently have sufficient available capacity to serve the traffic generation of the proposed development at Build-out and will continue to operate at an acceptable level of service. Two of the existing Near Critical roadways (I-4 and Taylor Road) will continue to operate at Near Critical conditions. A segment of Williamson Boulevard between Willow Run Avenue and Townwest Boulevard is projected to become Critical due to Background traffic. The proportionate fair share percentage of Project traffic is projected to be 0.4%. The existing signalized study intersection is currently operating at an acceptable level of service and will continue to operate at an acceptable level of service at Build-out of the proposed redevelopment. The unsignalized Project Entrances are projected to operate at acceptable levels of service. The existing left turn lane lengths at the Tomoka Farms Road and Taylor Road intersection have adequate length for the projected traffic volumes. An auxiliary left turn lane on Tomoka Farms Road is not warranted at Phase 1 build-out but is warranted at build-out of Phase 2. Per the VCLDC Section (5)(b)(2) auxiliary right turn lanes are warranted for the Project Entrances. The facility s access connections should be designed to meet the adopted FDOT, Volusia County and City of Port Orange standards Tomoka Farms Village Volusia County TIA 23 P age

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