CITY MANAGER MEMORANDUM

CITY MANAGER MEMORANDUM To: Through: From: The Honorable Mayor Kelley and City Commissioners Joyce A. Shanahan, City Manager Ric Goss, AICP, Planning Director Date: July 19, 2011 Subject: Small Scale Land Use Map Amendment 1530 North US Highway 1 (McDonalds Restaurant) Introduction: This is an administrative request for a Small Scale Comprehensive Plan Land Use Map amendment for ±2.58 developed acres located at 1530 North US Highway 1 to change the Volusia County land use designation from Commercial to Ormond Beach Low Intensity Commercial based upon a recent annexation. Background: The subject property is owned by McDonalds Corporation which operates a drive-through restaurant located along the North US Highway 1 corridor in close proximity to Interstate 95. The property was annexed on September 21, 2010 with Ordinance 2010-45. The annexation occurred based on the connection to City utilities for the construction of the project. The proposed land use amendment seeks to change the land use designation of the subject property from unincorporated Volusia County to the City of Ormond Beach on the City s future land use map. The existing use is consistent with both the existing County land use and the proposed City land use designation. If the land use amendment is approved by the City Commission, a rezoning from Volusia County B- 6 (Highway Interchange Commercial) to City of Ormond Beach B-7 (Highway Tourist Commercial) would be presented to the City Commission. The subject property is located along the North US Highway 1 corridor in close proximity to Interstate I-95 and a drive-through restaurant is a typical use along a major interchange. The existing County land use allows a 0.55 Floor Area Ration (FAR). Planning staff reviewed a number of potential land use designations and determined the Low Intensity Commercial (LIC) land use category was the most suitable designation because it is the least intense City FAR available. The Low Intensity Commercial land use category is consistent with the surrounding commercial uses and an appropriate use of land in accordance with the City s Comprehensive Plan (Goals 1 and 5 of the Future Land Use Element and associated policies). Since the property is already developed, an equal demand for public services with the Low Intensity Commercial land use designation is anticipated. There are no additional impacts expected as a result of the proposed land use change. 1530 N HWY US 1 CC CM Memo.doc

Honorable Mayor Kelley and City Commissioners July 19, 2011 Page 2 Planning Board Review: On May 12, 2011, the Planning Board heard the subject request and recommended approval of the land use change by a 7 to 0 vote. No individuals from the public spoke for or against the proposed amendment. The small scale map amendment was transmitted to the Volusia County Growth Management Commission (VGMC) and has received a consistency certification based on no objections from surrounding jurisdictions. Recommendation: It is staff s determination that the amendment: 1. Is consistent with the Goals, Objectives, and Policies established in the City s Comprehensive Plan; 2. Is consistent with state requirements; 3. Is an appropriate use of the land; 4. Has adequate infrastructure to serve the proposed land use; and 5. Does not impact surrounding jurisdictions. It is recommended that the City Commission APPROVE the Small Scale Comprehensive Plan Land Use Map amendment for ±2.58 developed acres at 1530 North US Highway 1 to change the land use designation of Commercial to Low Intensity Commercial based upon a recent annexation. Reviewed by: /s/ 07/14/2011 Theodore S. MacLeod, P.E. Date Assistant City Manager Approved by: /s/ 07/14/2011 Joyce A. Shanahan, City Manager Date Prepared by: S. Laureen Kornel, AICP, Senior Planner 1530 N HWY US 1 CC CM Memo.doc

ORDINANCE NO. 2011-21 AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP TO CHANGE THE DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY TOTALING +2.58-ACRES LOCATED AT 1530 NORTH US HIGHWAY 1 (PARCEL ID NO. 3136-01-62-0050), FROM VOLUSIA COUNTY "COMMERCIAL" TO ORMOND BEACH "LOW INTENSITY COMMERCIAL"; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE. WHEREAS, the City Commission has heretofore by Ordinance No. 90-36, as subsequently amended, duly adopted a Comprehensive Plan in compliance with the provisions of Part II, Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code, and WHEREAS, as the result of annexation into the City, the City staff has requested that the Comprehensive Plan's Future Land Use Map designation on one (1) parcel of real property totaling ±2.58-acres located at 1530 North US Highway 1 (Parcel ID No. 3136-01-62-0050), which parcel is legally described in Exhibit "A" and depicted in Exhibit "B" which Exhibits are attached hereto and incorporated herein by reference, be changed from Volusia County "Commercial" to Ormond Beach "Low Intensity Commercial," as depicted in Exhibit "C" attached hereto and incorporated herein by reference, and (10) acres or less, and WHEREAS, the requested Comprehensive Plan amendment involves a use of ten WHEREAS, there has been two Comprehensive Plan amendment adopted by the City Commission during 2011, and as such the cumulative effect of the acreage for all small S:\CITY COMMISSION ITEMS\ORDINANCE\2011\07-19-11\11-021A - 3RD - 1530 N US1 - MCDONALDS - SS LUMA P11-0104G.DOC/7/11/2011 12:49-1-

scale development amendments adopted by the City Commission does not exceed one hundred and twenty (120) total acres for the calendar year, and WHEREAS, the requested Comprehensive Plan amendment does not involve a text change to the goals, policies, and objectives of the City's Comprehensive Plan, but only proposes a land use change to the Future Land Use Map for small scale development activity, and WHEREAS, the requested Comprehensive Plan amendment is not located within an area of critical state concern, and WHEREAS, the City has complied with the provisions of 163.3184(11) and 166.041(3)(c), Florida Statutes, and WHEREAS, the local planning agency, being the Planning Board, duly held a public hearing, with due public notice, on the requested Comprehensive Plan amendment, and has recommended approval thereof, and WHEREAS, the City Commission has duly conducted an adoption public hearing on the requested Comprehensive Plan amendment, as described in 163.3184(11), Florida Statutes, and WHEREAS, the City Commission finds that approval of the requested Comprehensive Plan amendment will preserve the internal consistency of the City's Comprehensive Plan pursuant to 163.3177, Florida Statutes, and WHEREAS, the Volusia Growth Management Commission has provided a certification letter with no objections from abutting jurisdictions, now therefore, S:\CITY COMMISSION ITEMS\ORDINANCE\2011\07-19-11\11-021A - 3RD - 1530 N US1 - MCDONALDS - SS LUMA P11-0104G.DOC/7/11/2011 12:49-2-

BE IT ENACTED BY THE PEOPLE OF THE CITY OF ORMOND BEACH, FLORIDA, THAT: SECTION ONE. The foregoing recitals are incorporated herein by reference as the legislative findings of the Ormond Beach City Commission. SECTION TWO. The Future Land Use designation on one (1) parcel of real property totaling ±2.58-acres located at 1530 North US Highway 1 (Parcel ID No. 3136-01-62-0050), which parcel is legally described in Exhibit "A" and depicted in Exhibit "B" which Exhibits are attached hereto, and as shown on the Future Land Use Map incorporated into the Future Land Use Element of the City of Ormond Beach Comprehensive Plan, as depicted in Exhibit "C" attached hereto, be and the same is hereby changed from Volusia County "Commercial" to Ormond Beach "Low Intensity Commercial." SECTION TWO. The Planning Director is hereby authorized and directed to transmit copies of the notice and of this adopted Comprehensive Plan amendment to the Florida Department of Community Affairs, Bureau of Local Planning, Plan Processing Team, as specified in the Department s procedural rules, within ten (10) working days of the adoption of this Ordinance, and shall also transmit copies to the East Central Florida Regional Planning Council and to any other person or entity requesting a copy. SECTION THREE. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. S:\CITY COMMISSION ITEMS\ORDINANCE\2011\07-19-11\11-021A - 3RD - 1530 N US1 - MCDONALDS - SS LUMA P11-0104G.DOC/7/11/2011 12:49-3-

SECTION FOUR. Pursuant to 163.3187(5)(c), Florida Statutes, the effective date of this Comprehensive Plan amendment shall be September 3, 2011; provided, however, that if challenged on or before September 2, 2011, this Comprehensive Plan amendment shall not become effective until the Department of Community Affairs or the Administration Commission, respectively, issues a final order determining that the adopted small scale development amendment is in compliance. PASSED UPON at the first reading of the City Commission, this 19th day of July, 2011. PASSED UPON at the second and final reading of the City Commission, this 3rd day of August, 2011. ATTEST: ED KELLEY Mayor JOSHUA FRUECHT City Clerk S:\CITY COMMISSION ITEMS\ORDINANCE\2011\07-19-11\11-021A - 3RD - 1530 N US1 - MCDONALDS - SS LUMA P11-0104G.DOC/7/11/2011 12:49-4-

EXHIBIT "A" LEGAL DESCRIPTION OWNER: McDonald's Corporation d/b/a McDonald's Corporation, a Delaware company PARCEL ID: 3136-01-62-0050 ADDRESS: 1530 NORTH US HIGHWAY 1, ORMOND BEACH, FL 32174

DEPICTION EXHIBIT "B"

LAND USE AMENDMENT MAP EXHIBIT "C" PAGE 1 OF 2 ve Change from Volusia County "Commerical" to Ormond Beach "Low Intensity Comnnerical".;,'g. ".S'" a. ~ o OPlAOND BCACH LAND U8E AMENDMENT MAP 1530 NUS HWY 1 (3136-01-62-0050) The City oformond Beach G,I.S, Department Prep2JCd by: Eric Dickens 04104n.Oll s

FUTURE LAND USE AMENDMENT MAP EXHIBIT "C" PAGE 2 OF 2 U1. = Ormond Beach City Limns Ormond Beach Future Land Use Designation k~j Activity Center (AC) IQ2il General Commercial (GC) [ll] IndustrialJUtilities (IIU) Ea Tourist Commercial (TC) Vol usia County Land Use D Commercial (C) D Industrial (I) D Low Impact Urban (L1) D Rural(R) D D Urban Low Density (UL) Urban Medium Density (UM)....... ~~~n~~~:j~m~~i~: ~~i~~~~: ::::::::::::::::::: ::::::::... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::: :::: :::::::::::::::::::: ::::::::... ruture LAND USE MAP NORTH US 1 CORRIDOR The City ofonnond Beach G.I.S. Department Prepared by: Eric Diekens: 0.312/2011 s

Volusia Growth Management Commission Jun 22,2011 ]\iis. Lam n Kornel, ICP, enior Plann r City of Ormond Beach 22 South Beach treet Ormond Beach, FL 32174 RE: VGMC Case No. 11-008, Ormond Beach -1520 N. US Highway 1,1.31 acres VGMC Case No. 11-009, Ormond Beach -1530 N. US Highway 1, 2.58 acres VGMC Case No. 11-010, Ormond Beach -1561 N. US Highway 1, 2.19 acres VGMC Case No. 11-011, Ormond Beach -1560 N. US Highway 1, 2.74 acres VGMC Case No. 11-012, Ormond Beach -1570 N. US Highway 1, 0.36 acres VGMC Case No. 11-013, Ormond Beach -1576 N. US Highway 1, 0.76 acres VGMC Case No. 11-014, Ormond Beach -1521 N. US Highway 1,2.16 acres VGMC Case No. 11-015, Ormond Beach -1545 N. US Highway 1, 1.42 acres VGMC Case No. 11-016, Ormond Beach -1567 N. US Highway 1, 2.46 acres VGMC Case No. 11-017, Ormond Beach -1571 N. US Highway 1, 7.07 acres Dear Ms. f ornel I am writing tills letter to inform ) ou the Volusia fowth Management 0111J1USSIOn has not received any objection to the above-referenced applications widun the required time period after dl date of publication of notice thereof. Since the applications qualify under dle criteria of Ordinance 87-24, ction 6, a amended, of dle V lusia fowth l\ifaoagemeot Comprehensive Plan Consistency Certification Rule, your applications are hereby deemed certified without a need for a public hearing. salway, w appreciat th efd rts f th i I of unond Beach to furdler intergovernmental cooperation and coordination in Volusia OUilty. If y u ha\ e an) questions r garding this matter, pi a do not hesitate to call me. 'incer 1), Gerald Brandon VGMC Chairman CC: Paul Chipok, VG 11 Legal Couns 1 Andre r\udersoll, VGlvIC Plafllllng Consultant Volusia County & MUlucipalities FO A 140 $olllh Be.ch Streel. Suile 305' D')'IOI1' Be.ch. I'L 32114 Tel: 386.947.1875' F.x: 386.947.1877' m.il: "l\iilc@co.\,olu.,i.n.li.

STAFF REPORT City of Ormond Beach Department of Planning DATE: May 5, 2011 SUBJECT: McDonalds, 1530 North US Highway 1 Small Scale Land Use Map Amendment APPLICANT: Administrative NUMBER: LUPA 11-045 PROJECT PLANNER: S. Laureen Kornel, AICP, Senior Planner INTRODUCTION: This is an administrative request for a Small Scale Comprehensive Plan Land Use Map amendment for a ±2.58 acre parcel from the existing land use designation of Volusia County Commercial to City of Ormond Beach Low Intensity Commercial located at 1530 North US Highway 1, McDonalds restaurant, as a result of recent annexation (Exhibit 1). BACKGROUND: The subject property at 1520 North US Highway 1 is owned by McDonalds Corporation which operates a fast food restaurant with a drive-through window (Exhibit 2). The McDonalds site plan was approved by Volusia County and as part of that process the property connected to City utilities. The property was annexed on September 21, 2010 with Ordinance 2010-45 (See Exhibit 3 for legal description). The annexation occurred based on the connection to City utilities for the construction of the project. City staff is proposing land use amendments for ten properties in the North US Highway 1 corridor that have been annexed into the City over the last year. The purpose of this land use amendment is to assign a similar City land use to the property as the Volusia County Commercial designation based on the required annexation. Subsequent to Planning Board review, the amendment will be submitted to the Volusia County Growth Management Commission for review, followed by review by the City Commission for final action. Along with the land use application, a zoning amendment is being processed to assign a City B-7 (Highway Tourist Commercial) zoning designation to the property. The Volusia County Comprehensive Plan states the following for the Commercial land use category: This designation accommodates the full range of sales and service activities. These uses may occur in self-contained centers, multi-story structures, campus parks, municipal central business districts, or along arterial highways. In reviewing zoning requests or site plans, the specific intensity and range of uses, [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

LUPA 11-045/Small Scale Land Use Map Amendment May 5, 2011 Administrative Page 2 and design will depend on locational factors, particularly compatibility with adjacent uses, availability of highway capacity, ease of access and availability of other public services and facilities. Uses should be located to protect adjacent residential use from such impacts as noise or traffic. In wellfield protection areas uses are prohibited that involve the use, handling, storage, generation or disposal of hazardous or toxic material or waste or petroleum products. Intensity shall be no more than a fifty-five percent Floor Area Ratio (0.55 FAR) consistent with the applicable underlying zoning classification standards and land development regulations. Commercial development in newly developing areas is designated in nodes at major thoroughfare intersections. Primarily new development should be designed to utilize the shopping center concept and not designed to encourage strip style commercial development. The various types of shopping centers are described in Chapter 20, Definitions under Shopping Centers. City staff is requesting an amendment to the City s Low Intensity Commercial land use category. The Future Land Use Element of the City s Comprehensive Plan states the following for the Low Intensity Commercial category: A multi-use land use category to depict those areas of the city that are now developed, or appropriate to be developed, for retail, office and professional services, and restaurants consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas. For projects that propose a mixture of residential and non-residential uses, the minimum FAR should be 0.2. Density: Maximum 10 units per acre. Maximum FAR: 0.6. ANALYSIS: The proposed land use amendment seeks to change the land use designation of the subject property from unincorporated Volusia County to the City of Ormond Beach on the future land use map. The existing use is consistent with the both the existing County land use and the proposed City land use designation. Policy 2.5.2. of the Future Land Use Element of the City s Comprehensive Plan provides the review criteria for land use map amendments. The policy states: The following criteria shall be used in reviewing Comprehensive Plan amendments: 1. Consistency with the Goals, Objectives, and Policies of this Plan. 2. Consistency with state requirements, including 9J-5 and Florida Statutes requirements. 3. If the amendment is a map amendment, is the proposed change an appropriate use of land. [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

LUPA 11-045/Small Scale Land Use Map Amendment May 5, 2011 Administrative Page 3 4. If the amendment is a map amendment, the impacts on the Level of Service of public infrastructure including schools, roadways, utilities, stormwater, and park and recreation facilities. 5. If the amendment is a map amendment, impacts to surrounding jurisdictions. Staff s review of the criteria listed above is provided below: 1. Consistency with the Goals, Objectives, and Policies of this Plan. The proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive plan. It is important to note that the property s use is existing and no development changes are proposed. The City s Comprehensive Plan has five potential commercial land use categories as follows: Category Maximum Density (units per acre) Maximum FAR Existing Areas General Commercial 32 0.7 Nova Road, US1 (Nova Road to Wilmette Avenue) Heavy Commercial 18 0.8 US1 (Granada Boulevard to Hand Avenue) Tourist Commercial 32 1.5 South Atlantic Avenue, Interchange Boulevard (Granada Blvd and I-95) and US1 and I-95 Office/Professional 15 0.5 Low Intensity Commercial 10 0.6 Granada Boulevard New land use category The existing County land use allows a 0.55 FAR. This area of North US Highway 1 is in close proximity to I-95 and is not appropriate for sole office style uses allowed in the Office Professional land use category or the automotive sales and repair style uses permitted in the Heavy Commercial land use category. Given the location and size of the subject property as well as the adjacent land uses, the Tourist Commercial and Commercial land uses were also examined as possible designation options. However, those land use categories were identified as having [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

LUPA 11-045/Small Scale Land Use Map Amendment May 5, 2011 Administrative Page 4 relatively higher densities and intensities and it is staff s intention to apply a similar land use. It was determined that the Low Intensity Commercial (LIC) was the most suitable designation because it is the least intense City FAR available. Finally, the LIC land use designation was created during the EAR-based amendments in an effort to avert causing a large scale amendment to the Comprehensive Plan. The Low Intensity Commercial is the most similar land use category available within the City of Ormond Beach. Below are specific Goals, Objectives, and Policies that are applicable to this application: GOAL 1 Future Land Use Element OBJECTIVE 1.2. COMMERCIAL LAND USE Future Land Use Element FUTURE DEVELOPMENT AND REDEVELOPMENT ACTIVITIES SHOULD BE DIRECTED IN APPROPRIATE AREAS AS DEPICTED ON THE FUTURE LAND USE MAP TO MEET THE LAND USE NEEDS OF THE ANTICIPATED POPULATION, IN A MANNER CONSISTENT WITH SOUND PLANNING PRINCIPLES, THE GOALS, OBJECTIVES AND POLICIES CONTAINED HEREIN, AND THE DESIRED COMMUNITY CHARACTER. THE FUTURE LAND USE PLAN ELEMENT SHOULD ALLOW LIMITED COMMERCIAL EXPANSION, PROMOTE INDUSTRIAL USE, AND MAINTAIN CURRENT RESIDENTIAL DENSITIES IN THE CORE AREA WHILE ESTABLISHING LOWER DENSITIES IN THE PERIMETER AREAS, FOCUSING REDEVELOPMENT IN THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA, US1, AND SRA1A, AND PROVIDING FOR A CONTINUED HIGH LEVEL OF OPEN SPACE. SPECIFIC GOALS AND POLICIES ARE LISTED BELOW FOR EACH TYPE OF LAND USE. FUTURE GROWTH SHALL BE TIMED AND LOCATED TO MAXIMIZE EXISTING PUBLIC INFRASTRUCTURE. Ensure that adequate amounts of land are available to meet the commercial land use needs of the community. [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

LUPA 11-045/Small Scale Land Use Map Amendment May 5, 2011 Administrative Page 5 GOAL 5 Annexation Future Land Use Element THE CITY PROVIDES UTILITY SERVICE BEYOND IT S MUNICIPAL LIMITS AND SHALL REQUIRE THAT ANY CONNECTION TO THE CITY UTILITIY SYSTEM EITHER ANNEX INTO THE CITY OR ENTER INTO AN ANNEXATION AGREEMENT IF NOT CONTIGIOUS FOR UTILITY SERVICE. Policy 5.1.1. Future Land Use Element Properties that are annexed into the City of Ormond Beach shall be assigned a similar land use that existed in Volusia County. Property owners may apply for more intensive land uses, but shall be required to provide the data and analysis to justify the increase in density and/or intensity. 2. Does it meet the criteria established in the City s Comprehensive Plan and the Florida Statute? COMPREHENSIVE PLAN Amendment of adopted comprehensive plan: In accordance with Chapter 163.31879(c), Florida Statutes any local government comprehensive plan amendments directly related to proposed small-scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A smallscale development amendment may be adopted only under the following conditions: 1. The proposed amendment involves a use of 10 acres or fewer and: The subject property is ±2.58 acres (less than ten acres). a. The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government shall not exceed: (I) A maximum of 120 acres in a local government that contains areas specifically designated in the local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s. 163.2517, transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to s. 380.06(2)(e); however, amendments under this paragraph may be applied to no more than 60 acres annually of property outside the designated areas listed in this sub-sub-subparagraph. Amendments adopted pursuant to paragraph (k) shall not be counted toward the acreage limitations for small scale amendments under this paragraph. (II) A maximum of 80 acres in a local government that does not contain any of the designated areas set forth in sub-sub-subparagraph (I). [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

LUPA 11-045/Small Scale Land Use Map Amendment May 5, 2011 Administrative Page 6 (III) A maximum of 120 acres in a county established pursuant to s. 9, Art. VIII of the State Constitution. The City has not adopted any small scale land use map amendments during 2011. This application is one of ten properties located along North US Highway 1. The cumulative acreage of all ten proposed applications is ±23 acres. The subject amendment does not exceed the acreage thresholds established above. b. The proposed amendment does not involve the same property granted a change within the prior 12 months. The proposed amendment does not involve the same property granted a change within the last 12 months. c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months. The proposed amendment does not involve the same property owners granted a change within the last 12 months. d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. The proposed amendment is solely to the Future Land Use Map and does not propose any text amendments to the City s Comprehensive Plan. e. The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). Such amendment is not subject to the density limitations of subsubparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located and shall not become effective until a final order is issued under s. 380.05(6). The site location is not located within an area of state critical concern and this criterion does not apply. f. If the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre or the proposed future land use category allows a maximum residential density of the same or less than the maximum residential density allowable under the existing future land use category, except that this limitation does not apply to small scale amendments involving the construction of affordable housing units meeting the criteria of s. [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

LUPA 11-045/Small Scale Land Use Map Amendment May 5, 2011 Administrative Page 7 420.0004(3) on property which will be the subject of a land use restriction agreement, or small scale amendments described in subsub-subparagraph a.(i) that are designated in the local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s. 163.2517, transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to s. 380.06(2)(e). The existing County land use does not permit residential uses. The proposed City land use allows a maximum of 10 units per acre and meets this criterion. 3. Is this an appropriate use of the land? The adjacent land uses and zoning are as follows: Land Use and Zoning Designations of Adjacent Property Current Land Uses Land Use Designation Zoning North 1544 North US Highway 1 - Vacant Volusia County Commercial Volusia County B-6 (Highway Interchange Commercial) South 1545 North US Highway 1 - Cheaters Ormond Beach Commercial Volusia County B-6 (Highway Interchange Commercial) East 1520 North US Highway 1 Lil Champ Volusia County Commercial Volusia County B-6 (Highway Interchange Commercial) West Vacant Volusia County Commercial Volusia County B-6 (Highway Interchange Commercial) City B-7 (Highway Tourist Commercial) The subject property is located along the North US Highway 1 corridor in close proximity to Interstate I-95 and a fast food restaurant with a drive-through window is a typical use along a major interchange. The existing use was approved with the Volusia County site plan approval and is an appropriate use of land. 4. Is there adequate infrastructure to serve the proposed land use? Typically, an infrastructure analysis is performed to determine the maximum development scenario. This application is unique in that the project has a Volusia County site plan approval and the land use amendment is the result of annexation. For the infrastructure analysis, staff shall use the building square footage of ±4,783. [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

LUPA 11-045/Small Scale Land Use Map Amendment May 5, 2011 Administrative Page 8 Transportation: The subject property is developed with a building ±4,783 square feet in size. Based on the ITE rate of category #934, fast food with drive-thru ((ITE Trip Generation Manual, Volume 3 of 3, 7 th Edition), the site generates approximately 1,424 average daily trips which includes 40% pass-by trips (Volusia County Roadway Impact Fee Update Technical Memorandum dated September 25, 2003). The land use amendment shall not impact the trip generation rate of the existing use. If the site were to expand in the future a concurrency analysis would occur at that time. Water and Sewer: The site is served with existing City utilities and the land use maps amendment shall have no impacts on the provision of water and sewer. Stormwater Management: The subject property was developed under Volusia County review and appears to have an existing stormwater system. Any major proposed site modifications would require stormwater review. Solid Waste: This property is served by Waste Management, Inc., and there is adequate capacity to serve the proposed land use. Other Services: City police and fire protection services serve this area. The parcel is located within an approximate 4-6 minute response time from emergency facilities. Schools: School capacity for the increase in residential density has been reviewed by the Volusia County School Board and been determined acceptable (Exhibit 4). It should be noted that while the land use category does permit residential, the existing use is a commercial use. 5. Impacts to surrounding jurisdictions. The property is not located next to another City and there are no impacts expected to any surrounding jurisdiction. The North US Highway 1 corridor around I-95 is a mixture of properties located within Ormond Beach and unincorporated Volusia County. RECOMMENDATION: It is expected that the application will be reviewed by the City Commission at the July 19, 2011 and August 3, 2011 public meetings. The land use application is the result of annexation and is necessary to assign City land use and zoning. It is staff s determination that the amendment: 1. Is consistent with the Goals, Objectives, and Policies established in the City s Comprehensive Plan; 2. Is consistent with state requirements; 3. Is an appropriate use of the land; 4. Has adequate infrastructure to serve the proposed land use; and 5. Does not impact surrounding jurisdictions. [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

LUPA 11-045/Small Scale Land Use Map Amendment May 5, 2011 Administrative Page 9 Based on this review, staff recommends that the Planning Board recommend APPROVAL of the Future Land Use map amendment for ±2.58 acres from the existing land use designation of Volusia County Commercial to City of Ormond Beach Low intensity Commercial at 1530 North US Highway 1, known as McDonalds restaurant. [5.12.2011, 1530 North US Highway 1, Land Use Map Amendment PB Staff Report.doc]

EXHIBIT 1 Future Land Use Maps

Indiana Ave Interstate 95 N US 1 Hwy Change from Volusia County "Commerical" to Ormond Beach "Low Intensity Commerical" Benton St Atlantic Rd 1530 N US HWY 1 Pineland Trl Legend ORMOND BEACH FEC R.R. N Tymber Creek Rd Flagler Rd Broadway Ave Gowers St LAND USE AMENDMENT MAP 1530 N US HWY 1 (3136-01-62-0050) The City of Ormond Beach G.I.S. Department Prepared by: Eric Dickens 04/04/2011 ²

UL COM LI Destination Daytona Ln R Walnut Ct UL Oak Ln FEC R.R. )l COM Benton St Hammond St Pennsylvania Ave Halifax Ave UM Walnut Cir Walnut Ln R Legend Ormond Beach City Limits Ormond Beach Future Land Use Designation Activity Center (AC) General Commercial (GC) N Tymber Creek Rd Interstate 95 Pineland Trl "c$ Benton St Broadway Ave Gowers St Addison Dr Destiny Dr Bella Vita Way N US 1 Hwy Village Dr I Southland Rd Industrial/Utilities (I/U) Tourist Commercial (TC) Volusia County Land Use Commercial (C) Industrial (I) UL Low Impact Urban (LI) Rural (R) Urban Low Density (UL) Private R.R. I Hull Trl Urban Medium Density (UM) Harmony Ave FUTURE LAND USE MAP NORTH US 1 CORRIDOR The City of Ormond Beach G.I.S. Department Prepared by: Eric Dickens 03/2/2011 ²

EXHIBIT 2 Photo and Location Aerial

1530 North US Highway 1 McDonalds 04.29.11

1530 North US Highway 1 (f) - -...'.. ~' LOCATION MAP 1530 North US1

EXHIBIT 3 Legal Description

lhat PART OF BLOCK 62, NAl10NAL GARDENS, AS PER PLAT lllereof RECORDED IN MAP B'OOf( 10. PAGES 250-253 INClUSI~ PUBUO RECORDS 01' VOLUSIA COUNTY, florida. DE~BED AS FOLLOWS: BEGIN AT THE POINT OF INlERSEOTION OF llle NORTHWESTERLY RIGHT OF WAY UNE OF,BENTON SlREET AND llle NORlllEASlERLY RIGHT 01' WAY UNE 01' FlAGlER ROAD AND RUN lllence N49'#'50"W ALONG llle Nl.ftlllEASlERLY RIGHT 01' WAY UNE 01' FlAGlER ROAD A DISTANCE OF 49l5.O0 I'EETI lllence N4O'1I510"E A DISTANCE OF 30,00 F'EETI lllence N49'#'50"W A DISTANCE OF 20,00 I'EET TO A POINT ON THE NORlllEASTERl.Y RIGHT 01' WAY UNE OF ROSEMARY SlRml lllence N4O'15'10"E ALONG THE SOUTHEASTERLY RIGHT OF WAY UNE OF' ROSEMARY SlRm A DISTANCE 01' 65,98 F'EET TO llle SOUlllVrESlERLY CORNER OF' GULF' OIL CORPORAl1ON'S SERVICE STATION'S PROPERlY; lllence S49'#'50"E A DISTANCE OF 200.00 F'EET TO llle SOUlllEAST CORNER OF GULF (ill CORPORAl1ON'S SERVICE STAl1ON'S PROPERTYI THENCE N4O'15'10"E A DISTANCE 01' 200.00 FEET MORE OR LESS TO A POINT ON llle', SOUlllllESTERLY RIGHT OF WAY UNE 01' us HIGHWAX NO,l. 'MlICH POI"T IS ALSO A NORlHEASJRLY CORNER OF GULF OIL CORPORAl1ON S SERVICE STAl10N S PROPERTYI lllence S49'55'20 E ALONG llle SOUTHWESTERLY RIGHT OF' WAY UNE 01' US HIGHWAY NO,l A DISTANCE 01' 31l5.O0 FEET TO A POINT ON llle NORTHVrESlERLY RIGHT WAY UNE OF BENTON SlREETI lhence S40'15'10"W ALONG lhe NORlHWESlERLY RIGHT 01' WAY UNE OF BENTON SlREET A DISTANCE OF 297,55 F'EET TO THE POINT OF BEGINNING, CONTAINING 11217.2.72 SQ FT. OR 2,575 ACRES MORE OR LEss. N f

EXHIBIT 4 Volusia County Schools Letter

FACILITIES SERVICES 3750 Olson Drive, Daytona Beach, Florida 32124 PHONE: 386/947-8786 FAX: 386/506-5056 Dr. Margaret A. Smith Superintendent of Schools April 22, 2011 School Board of Volusia County Mr. Stan Schmidt, Chairman Dr. AI Williams, Vice-Chairman Ms. Candace Lankford Ms. Judy Conte Mrs. Diane Smith Mr. Steven Spraker, Sr. Planner Ormond Beach Planning Dept. 22 South Beach Street Ormond Beach, FL 32175 RE: North US1 Properties Dear Mr. Spraker: The school district has had the opportunity to review, for potential impacts, the ten (10) properties recently annexed by the city. Currently the subject properties, as evidenced by the property appraiser information, support various nonresidential uses. The review of the information provided indicates the city's is proposing land use amendments with the associated rezoning(s) for the subject properties. As such, these changes could potentially result in an increase of residential density. However, the district acknowledges the proposed changes are considered clarification ('housekeeping') and that the city is applying the applicable land use designation and zoning district to the annexed properties. District staff has no objection to the proposed changes in land use and zoning since the properties currently support existing uses and there are no new residential uses proposed with th~se chaj1ges. If you should have any,questions or require additional information please do not hesitate to contact me at (386) 947-8786 extension 50805. Planning Specialist, Facilities Services Dept. C: City File

Onnond Beach Planning Board Minutes Page 2 May 12, 2011 a typo and should have been "sought." Ms. Press stated on page 5 of the February 10, 2011 meeting minutes it stated "in many communities, conditions change over time, such as removal of the pool in Breakaway Trails subdivision." Ms. Press stated the statement should have read "in many communities, conditions change over time, such as removal of the equestrian center that they had promised," not the pool. Mr. Briley moved for the approval of the minutes from the February 10,2011 meeting as amended. Mr. Wigley seconded the motion, which were unanimously approved. Mr. Wigley moved approval of the minutes from March 10, 2011 meeting as amended. Mrs. Press seconded the motion, which were unanimously approved. VI. VII. PLANNING DIRECTOR'S REPORT Mr. Goss reported the City had hired Bridget Barton as the new Planning Technician to replace Betty Ruger. Mr. Goss discussed a handout that was distributed to the Board summarizing the recently concluded Legislative session regarding growth management and offered to have a workshop concerning the growth management changes. Mr. Goss stated items A through J were zoning cases that would be presented by Ms. Komel who would bring in all the items at the same time, but the Board would be asked to vote on each item separately. Mr. Goss said Mr. Spraker would present a Land Development Code amendment that would provide compatible zoning districts for the "Low Intensity Commercial" land use category needed. Mr. Goss stated Ms. Weedo would address all zoning map amendment items L through U at the same time, but the Board would be asked to vote on each item separately. PUBLIC HEARINGS LUPA Small Scale Land Use Map Amendment Items A-J Ms. Komel stated as reported earlier by Planning Director Goss she would present all of the Small Scale Land Use amendment items A through J at the same time, but the Board would be asked to vote on each item separately. Ms. Komel stated agenda items A through J were all properties that were annexed into the City within the past year, and the City was required to assign the properties a land use and a zoning classification. Ms. Komel showed slides of the locations ofthe ten properties that were being discussed, which were all located South East ofi 95. Ms. Komel stated to the Board each of the ten properties being discussed required an administrative Small Scale Comprehensive Plan Land Use amendment to change the land use designation from Volusia County Commercial to City "Low Intensity Commercial." Ms. Komel also showed slides of the existing businesses that would be affected by the administrative Small. Scale Comprehensive Plan Land Use amendment change and noted all exiting businesses currently had the Volusia County Commercial land use designation. Ms. Komel stated to the Board the land use designation of the City's "Low Intensity Commercial" was chosen as the proposed new land use designation because it was very similar in density and intensity to the Volusia County Commercial land use designation with the floor area ratio being 0.6. Ms. Komel informed the Board after this meeting the Land Use amendments would be transmitted to the Volusia County Growth Management Commission, followed by two public City Commission hearings tentatively scheduled for July 19, 2011 and August 3, 2011. The amendments would then be transmitted to the Department of Community Affairs (DCA). Ms. Komel informed the Board of a letter that was received from Thomas Lehman who resided at 1135 Benton Street

Olmond Beach Planning Board Minutes Page 3 May 12,2011 regarding the Land Use amendment change. Ms. Komel said staff was in the process of addressing Mr. Lehman's concerns and would schedule a meeting with Mr. Lehman to meet with him on site to further discuss any concerns he may have in regards to the Land Use amendments. Ms. Komel recommended approval of all ten Small Scale Map amendments for the North US Highway 1 Corridor area. Mr. Briley asked Ms. Komel ifthe applicants were all voluntary annexations. Ms. Komel replied the annexation agreements were done administratively, letters were sent out as required to all property owners, and then the annexation agreements were processed. Mr. Briley asked with the exception of Cheaters if any of the other surrounding property owners affected by the annexation agreements had brought forth any objections. Mr. Goss replied the City had annexation agreements for connections to water and sewer and none ofthe affected property owners expressed any objections to the annexation. Mrs. Press asked ifthe annexed properties brought into the City would have a utility rate that was lower upon annexation; to which the staff replied yes. Mrs. Press voiced the lower utility rate was an advantage to the annexed properties. Mr. Briley questioned if any of the North US Highway 1 properties cultently using the County's septic system would be required to connect into the City's utility system within a specific time limit. Mr. Goss replied there was a provision in the Land Development Code that stated if there was a sewage line within a certain distance the incorporated properties would be required to connect to the City's utility system, but he was unsure if the City had ever used that section of the Land Development Code in the past. Mr. Goss further added what the Board had before them was essentially all the annexations based upon either an indenture, an annexation agreement, or some form of voluntary consent, and the incorporated properties were paying a lot more when they were part ofthe County due to a utility surcharge. Mr. Briley stated he recalled some time between 1990 or 1991 the City had constructed the water and sewer line up to US Foods along North US Highway 1 by Flagler County, but he was unaware of the specific required distance the properties were to be from that sewer line in order to be required to connect to the City's utility system. Mr. Goss said there was a distance requirement in Chapter 22 of the Utilities that stated if you were within a certain distance of a sewer line you were required to connect to the utility system however; he does not believe this provision would apply to the North US Highway 1 properties. Mr. Goss further explained this was because the City was currently under the 1991 County interlocal agreement whereby, the City was the sole provider of water and sewer. Mr. Goss stated the properties would be required to annex into the City if they were contiguous. If the properties were not contiguous they would have to execute an annexation agreement.

Olmond Beach Planning Board Minutes Page 4 May 12, 2011 Mr. Hayes asked Mr. Briley ifhe was inquiring as to when would any ofthe North US Highway 1 properties currently not connected to the City utility system be required to do so. Mr. Briley responded "Yes." Mr. Hayes stated the City would first need to identify those properties and then look at ways to bring those properties into conformity. Mr. Hayes added for informational purposes the City was currently working on structuring a new interlocal agreement with the County and there was a new provision in the annexation statute that would enable public agencies to enter into an agreement where they could annex properties, address other issues such as: land use and nonconformities. Mr. Hayes also acknowledged such issues would be required to be looked at jointly with the County. Mr. Heaster questioned how the proposed Land Use amendments would negatively affect the businesses and property owners there and further commented he felt after much consideration what was being asked of the Board in regards to the North US Highway 1 properties would in fact negatively affect those businesses and property owners with respect to special events. Mr. Heaster said under the County land use designation of Commercial those businesses were permitted by right to lease out their properties to vendors for special events. If the land use was designated "Low Intensity Commercial" by the City those properties would no longer have that use by right, but rather by public hearing only which he.felt to be a burden for the property owners. Mr. Heaster asked if staff would like to discuss that issue now or during the Zoning Map amendments. Ms. Kornel replied she felt Mr. Heaster's questions were concerns that needed to be addressed, but that his questions more aptly applied to the zoning portion ofthe amendments. Mr. Heaster said while staff presented lower rates for water and sewer as a positive point regarding the decision to change the land use of the North US Highway 1 properties he strongly felt those businesses would be negatively impacted in regards to revenues due to special events changing from a right with the County's current zoning. A. LUPA 11-041: 1520 North US Highway 1- Small Scale Land Use Map Amendment ChairThomas opened themeetingto public comment; there was none. Mr. Briley made a motion to recommend approval of LUPA 11-041, Mr. Jorczak seconded the motion, which was approved by a unanimous vote of the Board. Chair Thomas declared the public hearing to be closed. B. LUPA 11-045: 1530 North US Highway 1- Small Scale Land Use Map Amendment Chair Thomas opened the meeting to public comment; there was none. Mr. Jorczak made a motion to recommend approval of LUPA 11-045, Mr. Wigley seconded the motion, which was approved by a unanimous vote of the Board. Chair Thomas declared the public hearing to be closed.