October 10, Planning and Land Development Regulation Commission (PLDRC)

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1 Page 1 of 21 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, Florida (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: October 10, Planning and Land Development Regulation Commission (PLDRC) S Special exception for temporary campsites on Prime Agriculture (A-1) zoned property Pioneer Trail, New Smyrna Beach James Morris, attorney for owner Ronnie Williams, Sr. and Ronnie Williams, Jr. Scott Ashley, AICP, Senior Zoning Manager I. SUMMARY OF REQUEST The applicant is requesting to renew the special exception for temporary campsites, previously approved by county council on December 17, 2009, with case S The renewal application is for a temporary campsite for three (3) days before, during, and three (3) days after any regularly scheduled racing events at the Daytona International Speedway for Speedweeks, Bike Week, the Pepsi "400" (Coke Zero 400), and Biketoberfest events on A-1 (Prime Agriculture) zoned property. Staff Recommendation: Forward the special exception, case number S , to county council for final action with a recommendation of approval, subject to staff recommended conditions.

2 Page 2 of 21 II. SITE INFORMATION 1. Location: North side of Pioneer Trail (CR 4118) approximately 310 ft. east from its intersection with CR 415 (Tomoka Farms Road), next to Sopotnick s Cabbage Patch, in the community of Samsula. 2. Parcel Number(s): Property Size: ± 4.09 acres 4. Council District: 3 5. Zoning: Prime Agriculture (A-1) 6. Future Land Use: Agricultural Resource 7. ECO Map: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE CURRENT USE North: A-1 Agricultural Resource Improved pasture East: A-1 Agricultural Resource Developed with a residence and barn South: A-1 Agricultural Resource Pioneer Trail then a residence West: BPUD Agricultural Resource Cabbage Patch bar 10. Maps ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 21 III. BACKGROUND AND PREVIOUS ACTIONS The applicant is requesting renewal of a previously granted special exception for temporary campsites for (3) days before, during, and (3) days after any regularly scheduled racing event at the Daytona International Speedway for Speedweeks, Bike Week, the Pepsi 400 (n.k.a. Coke Zero 400), and Biketoberfest on A-1 (Prime Agriculture) zoned property, for a period of ten years, 2019 through 2028, commencing Speedweek, The current special exception application, S , was granted for a seven-year time period from 2012 through 2018, and is still valid until after the Biketoberfest event in October The temporary campsite use has been operating formally on the subject property since approval of the original special exception application in 1991, and has been renewed several times. Under this renewal application, the applicant is asking for approval with similar conditions imposed with the 2010 application, but with a ten-year time period. The special exception is to provide Recreational Vehicle (RV) and primitive camping (tents) sites for up to 85 campers, with a small vendor area. The subject property is located in the Samsula Local Plan area adjoining Sopotnick s Tavern, commonly known as the Cabbage Patch, which is one of the area s hub for itinerant merchant vending during special events related to Bike Week and Biketoberfest. For the past 26 years the property has been the site of The Lot Next Door temporary campground, approved by several special exceptions. The applicant has satisfactorily complied with all previous approval conditions. There are fourteen conditions that were part of the past approvals that are standard conditions put in place to ensure the safe, clean, and orderly operation of temporary campsites. Staff is recommending these same conditions, with slight modifications, be continued with this application. IV. REVIEW CRITERIA AND ANALYSIS SITE PLAN The applicant has submitted the attached site plan, which delineates the following: Primitive and RV campsites and parking areas; Location of portable toilets, portable hand wash sinks, and solid waste containers; Vendor sites; Internal access drives, and site driveway entrance and exit. As mentioned above, the request is to continue operating the 85 temporary campsites for the next ten years commencing in SPECIAL EXCEPTION CRITERIA - Under subsection (8) Reasons for denial, the commission may recommend denial of any application for a special exception, and the county council may deny the application for one or more of the following reasons:

4 Page 4 of 21 (a) It is inconsistent with the purpose or intent of this article. Temporary campsites are an allowable special exception use in the Prime Agriculture (A- 1) zoning classification. This particular campsite has been in existence for approximately 26 years. There have been no modifications to the site plan from the previous renewal application. Staff finds the proposed renewal of the temporary campsite is consistent with the purpose and intent of the zoning ordinance. (b) It is inconsistent with any element of the comprehensive plan. The comprehensive plan does not contain any specific policies relating to the location of the requested special exception. However, the temporary campsite is located on property designated Agricultural Resource. This designation is applied to lands best suited for intensive agricultural pursuits. In addition, to facilitate a diversification of land uses within Agricultural Resource areas, non-agricultural uses such as agri-tourism and recreation may be allowed. Further, the comprehensive plan supports the provision of both recreational and tourism opportunities. Staff finds the special exception is consistent with the comprehensive plan. (c) It will adversely affect the public interest. The operation of the temporary campsites for seasonal events should not adversely affect the public interest, based on historical experience with the use of this property. The owner has operated the temporary camping facility according to the special exception conditions for several years. (d) It does not meet the expressed requirements of the applicable special exception. The property owner successfully operated a temporary campsite operation on the property, in compliance with the conditions of an approved special exception (case S ). Staff recommends continued compliance with the appropriate special exception conditions, if this request is approved. Based on experience, staff anticipates that the property owner should be able to meet all applicable special exception requirements, if this special exception application is renewed. The applicant coordinates with various county and state agencies to ensure conditioned requirements are met. (e) The applicant will not be able to meet all requirements imposed by federal, state or local governments, or by the county council. Pursuant to previous county inspections, the property owner should be able to meet all applicable special exception requirements, if this special exception application is

5 Page 5 of 21 renewed. The applicant coordinates with various county and state agencies to ensure conditioned requirements are met. (f) Notwithstanding the provisions of Division 14article XIV of the land development code [Article III], it will generate undue traffic congestion. The temporary campsite has two access points onto Pioneer Trail to provide safe and orderly traffic flow into the property and onto the road network. The eastern driveway is limited to entrance-only drive, while the western driveway is exit-only. In addition, the applicant is responsible for traffic control in front of their property. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. The application of standard staff recommended temporary campsites conditions, and based on experience, the proposed campsite renewal is unlikely to create a public nuisance or be dangerous to individuals or to the public. (h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings. The campsite has officially operated on this property for approximately 26 years. It is part of the character of the surrounding neighborhoods. Renewal of the requested temporary campsite will not adversely impact the value of surrounding land, structures or buildings. (i) It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. Compliance with the health department requirements and appropriate special exception conditions, if approved, will ensure this request will not adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. The campsite is already cleared property. The special exception will not have a negative impact upon the environment or natural resources. All future development proposals are subject to the minimum environmental protections established in the land development code and shall be reviewed for compliance during site plan and permit review. The property is not within area requiring environmental review, and it is outside of a floodprone area. V. STAFF RECOMMENDATION Staff recommends that the PLDRC forward the special exception, case S , for a temporary campsite for three days before, during and three days after any regularly scheduled racing event at the Daytona Beach International Speedway for Speedweeks, Biketoberfest, the Pepsi 400 (Coke Zero 400), and Bike Week events, to the county council with a recommendation of approval, subject to the following staff recommended conditions:

6 Page 6 of The temporary campsites shall be limited to the areas as shown on the site plan. The temporary campsites shall only be open for operation three days before, during, and three days after the Speed weeks, Biketoberfest, Pepsi 400 (Coke Zero 400), and Bike Week events scheduled for 2019 through 2028, commencing Speedweeks, The maximum number of campsites permitted on the site shall not exceed 85. The size of the individual camp sites, number of portable toilets, hand wash sinks, potable water and shower facilities shall be in accordance with the Florida Department of Health (DOH) requirements. 3. The applicant shall submit copies of provisions that address these conditions of approval, directly to the DOH, Fire Safety Management, Special Services of the Sheriff's Office, and Code Compliance for review and approval. The applicant must coordinate with these offices on an individual basis. A site plan with all signed contracts for portable toilets, portable hand wash sinks, and garbage pick/clean up times(s) shall also be submitted to the Code Compliance at least 30 days prior to the events scheduled for 2019 through The applicant must collect all appropriate tourist development tax and sales tax, as required by County Ordinance and State Statute. A copy of the above tax receipt shall be submitted to Zoning Compliance at least 30 days prior to the opening of the campsites. 5. The Volusia County Sheriff's Office, DOH, Fire Services and Code Compliance shall have unlimited and unconditional access to the subject site including common areas within the temporary campsite on a 24 hour a day basis without having to give prior notice and without having to pay any type of fee or dues to gain entrance for inspection purposes. 6. The applicant shall provide fire protection services for the temporary campsites in accordance with the requirements of the Fire Safety Management, including, but not limited to: stabilized access drives for emergency vehicles and apparatus to all areas and sites; provisions for fire suppression, and provide a temporary address sign not to exceed 4½ sq. ft. in copy area. 7. All recreational vehicle units with self-contained holding tanks for wastewater shall secure all sewer waste line caps at all times in a manner to preclude any leakage. Posted signs throughout the campground shall state that no direct discharge of any wastewater from any recreational vehicle will be permitted. 8. Portable toilets and hand wash sinks shall be required at a central location at the campsite. The signed service contract for pumping of the portable toilets shall be provided to the DOH and Code Compliance at least 30 days prior to the events scheduled.

7 Page 7 of The temporary campsites shall comply with the minimum requirements for potable (drinking) water supply as required by Chapter 64E-8, Florida Administrative Code and applicable Florida Building Code - Plumbing provisions. Provisions for potable water are subject to approval by the DOH. 10. Any food and beverage concession operations must receive a temporary Food Service Permit from DOH, and a permit from the Department of Business and Professional Regulation Division of Hotels and Restaurants, prior to operating on the site. Also, the property owner shall obtain a Host Itinerant Merchant License for each year of operation, and all vendors shall possess a required Itinerant Merchant License (IML). Vendors shall not offer for sale any Item that is prohibited by local, state or federal law. Except for beer, the sale of any alcoholic beverages shall be prohibited. 11. The applicant shall provide adequate traffic control including, but not limited to, an off-duty uniformed officer(s) (police/sheriff/highway patrol) stationed during the weekends, special events and peak traffic hours along Tomoka Farms Road and Pioneer Trail in front of the site. The uniformed officer(s) are for traffic control only and the applicant would be required to pay any cost associated with these officer(s). In the event the temporary campground becomes full, the applicant shall temporarily close the parking area to entering vehicles. 12. The western outbound driveway: Installation of a 36-inch STOP sign (R1-1), for patrons exiting the site, and two 30x30 DO NOT ENTER signs (R5-1) (one on each side of the driveway), to direct patrons to not enter the site at the outbound driveway. If the driveways are managed by special events personnel 100% of the time, DO NOT ENTER signs are not necessary. 13. The applicant shall provide his own security for the campsite. Further, the officer(s) providing traffic control will not be providing security for the campsites. The applicant shall inform Code Compliance staff and Special Services of the Sheriff's Office of the person(s) in charge of security with his/her telephone number(s) and addresses at least 30 days prior to the events scheduled. 14. The applicant shall provide an adequate number of solid waste containers placed in strategic locations on the site. These solid waste containers shall be emptied and cleaned on an as needed basis. The area shall be completely clear of litter and other refuse after each day of operation. To ensure compliance, the applicant shall provide Volusia County with a written contract with a local solid waste management company at least 30 days prior to the events scheduled. The contract shall require a provision for garbage to be collect and removed from the site every other day.

8 Page 8 of No special events or contests may take place at the campsite. All temporary structures, vehicles, equipment and other appurtenances shall be removed from the property within five (5) days from the closure date of an approved events listed under condition # Violation of any of these conditions may result in revocation of this special exception according to the zoning code. If revocation occurs, the temporary campsites shall not be resumed without another special exception. VI. ATTACHMENTS Written Explanation Special Exception Site Plan Survey Reviewer Comments Aerial Photo Maps Exhibits VII. AUTHORITY AND PROCEDURE Pursuant to Section , the county council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a special exception application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant. Any new information to be presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission. Any new information to be presented at the county council meeting that was not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information.

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10 SPECIAL EXCEPTION SITE PLAN Page 10 of 21

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12 Page 12 of 21 REVIEW COMMENTS Case: S RSN: LAND DEVELOPMENT Samantha West August 28, 2017 Comments: 1. The subject parcel was previously approved by Luznar Unrecorded (1996-S-EXM-0062) and complies with the exempt provisions of the county s subdivision regulations. * * * * * * ENVIRONMENTAL MANAGEMENT Keith Abrahamson August 24, 2017 Comments: Environmental Comments attached under separate memorandum. * * * * * * TRAFFIC ENGINEERING Melissa Winsett August 29, 2017 Comments: Traffic Engineering Comments attached under separate memorandum. * * * * * *

13 Page 13 of 21 HEALTH DEPARTMENT Jeff Sulzbach August 28, 2017 Comments: Campground must maintain all required permits for the well and temporary campground events. Campground is currently permitted for this intended use. * * * * * * FIRE SERVICES Chris Weir August 25, 2017 Comments: No issues from Fire Safety Review. * * * * * * DEVELOPMENT ENGINEERING Scott Martin August 25, 2017 Comments: No comment. * * * * * *

14 Page 14 of 21 Inter-Office Memorandum TO: Scott Ashley, Senior Zoning Manager DATE: August 24, 2017 FROM: Keith Abrahamson, Environmental Specialist III SUBJECT: Planning & Land Development Regulation Commission meeting for Date: September 12, 2017 Parcel #: Case #: S Environmental Permitting (EP) has reviewed the special exception application and conducted a site visit. EP has no objection to this request provided the owner can comply with all relevant environmental provisions of the Land Development Code and completes any environmental permitting which may be necessary.

15 Page 15 of 21 INTER-OFFICE MEMORANDUM TO: Scott Ashley DATE: August 29, 2017 Senior Planning Manager FROM: Melissa Winsett FILE: s doc Transportation Planner/Planner III RSN: SUBJECT: LOCATION: Morris-Williams (Lot Next Door) S On the north side of Pioneer Trail (County collector) east of Tomoka Farms Road/CR- 415 (County arterial) The proposed Special Exception is to obtain a 10-year approval of a temporary campground for three days before, during, and three days after any regularly scheduled racing event at the Daytona Beach International Speedway for Speedweek, Biketoberfest, Coke Zero 400 and Bike Week, commencing November 1, 2018 through October 31, The site currently has approval for 85 temporary campsites. This office recognizes that the traffic circulation has operated satisfactorily in the past. Prior Special Exception application reviews called for the improvement of driveways, a circulation plan, and signage for one-way drives. As long as the site plan s traffic circulation is implemented, we will not request any other improvements other than the following safety improvement: 1. Western outbound driveway: Installation of a 36-inch STOP sign (R1-1), for patrons exiting the site, and two 30x30 DO NOT ENTER signs (R5-1) (one on each side of the driveway), to direct patrons to not enter the site at the outbound driveway. If the driveways are managed by special events personnel 100% of the time, DO NOT ENTER signs are not necessary. MW/ C: Jon Cheney, PE, County Traffic Engineer

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17 CANAL RD CR 415 N HAMMETT LN Page 17 of 21 CR 4118 (PIONEER TR) CR 4118 (PIONEER TR) CR 415 N STRAWBERRY LN WESTERN RD LAKESHORE DR ROCKEFELLER DR SPRING FOREST DR REQUEST AREA LOCATION 1 " = 1000' SPECIAL EXCEPTION CASE NUMBER S I

18 CR 415 N Page 18 of 21 CR 4118 (PIONEER TR) AERIAL 2015 REQUEST AREA 1"= 400' SPECIAL EXCEPTION I CASE NUMBER S

19 CR 415 N Page 19 of 21 BPUD A-1 CR 4118 (PIONEER TR) RC A-2 ZONING CLASSIFICATION COMMERCIAL AGRICULTURAL RESOURCE CORRIDOR REQUEST AREA 1"= 400' SPECIAL EXECPTION CASE NUMBER S I

20 CR 415 N Page 20 of 21 AR CR 4118 (PIONEER TR) R ESC FUTURE LAND USE AGRICULTURE RESOURCE ENVIRONMENTAL SYSTEMS CORRIDOR 1"= 400' RURAL REQUEST AREA SPECIAL EXCEPTION CASE NUMBER S I

21 Page 21 of 21 CR 415 N CR 4118 (PIONEER TR) ECO/NRMA ECO BORROW PIT NRMA 1"= 400' SPECIAL EXCEPTION CASE NUMBER REQUEST AREA S