CITY OF UMATILLA PLANNING & ZONING AGENDA ITEM STAFF REPORT

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1 CITY OF UMATILLA PLANNING & ZONING AGENDA ITEM STAFF REPORT DATE: May 5, 2016 MEETING DATE: May 12, 2016 SUBJECT: Olde Mill Stream ISSUE: Ordinance 2016 B, Conditional Use Permit amendment Resolution , Variance BACKGROUND SUMMARY: Ordinance 2016-B, Conditional Use Permit (CUP) An application has been made for an amendment to the Conditional Use Permit for Olde Mill Stream. The changes requested are: Park Models - Redesignation of a 5.5 acre site within the property previously designated as an area for up to 75 RV spaces for Rally Events. The request is to designate this specific area for up to 35 park model units Length of Stay Currently the CUP allows for 75% of the residents to stay a maximum of six (6) months with 25% allowed to stay up to eight (8) months. A request has been made to amend the CUP to permit 85% of the guests to stay a maximum of six (6) months in any twelve (12) month period and allow 15% of the guests to stay year-round. Tent spaces Removal of the allowance for twenty seven (27) tent spaces Conditional Use Permits in the City of Umatilla run with the owner and not the property. Ownership of a conditional use cannot be transferred to another party. The Planning & Zoning Board may prescribe conditions and safeguards to ensure compliance with the CUP and make a recommendation to the Council based upon these conditions. Resolution Variance An application has been made requesting a variance in the length of stay. That requirement is part of the CUP, but it is also in the city s Land Development Regulations (LDRs). Chapter 6, Zoning, o. Tourist Commercial General Requirements: An occupant of a space (other than those employed to maintain the site) shall remain in the same facility no longer than one hundred eight (180) days out of every three hundred and sixty (360) days. The request for variance to the length of stay is noted above. 1 Olde Mill Stream Ordinance 2016-B CUP Resolution Variance

2 A variance request has been made to decrease the number of required restroom and shower facilities and sanitary stations for the disposal of RV waste and lodging waste Chapter 6, Zoning, o. Tourist Commercial Restroom and Sanitary Station Requirements: F) Restrooms and shower facilities shall be provided based upon the following: 1) Men s Toilets One (1) for every thirty (30) spaces, or fraction thereof; 2) Men s Urinals One (1) for every fifty (50) spaces, or fraction thereof; 3) Men s Lavatories One (1) for every twenty (20) spaces, or fraction thereof; 4) Women s Toilets One (1) for every twenty (20) spaces, or fraction thereof; 5) Women s Lavatories One (1) for every twenty (20) spaces, or fraction thereof; and 6) Showers One (1) for each sex for every one hundred (100) spaces or fraction thereof Sanitary stations for disposal of recreation vehicle and lodging wastes shall be provided at a ratio of one (1) for every one hundred (100) spaces, or fraction thereof. STAFF RECOMMENDATIONS: Recommend approval to City Council of Ordinance 2016 B Conditional Use Permit Revision and Resolution Variance. FISCAL IMPACTS: N/A PLANNING & ZONING BOARD ACTION: COUNCIL ACTION: Reviewed by City Attorney Yes No N/A Reviewed by City Engineer Yes No N/A 2 Olde Mill Stream Ordinance 2016-B CUP Resolution Variance

3 CITY OF UMATILLA STAFF REPORT BY LPG URBAN & REGIONAL PLANNERS, INC. CONDITIONAL USE PERMIT AND VARIANCE Applicant: Owner: General Location: Tim Hoban, P.A. Carl Ludecke, Evers Enterprises, LTD 1000 N. Central Ave. Number of Acres: Existing Zoning: Existing Future Land Use: Tourist Commercial (C-1) General Commercial (C-2) along SR 19 Commercial Tourism General Commercial along SR 19 Date: March 24, 2016 Description of Project The applicant has submitted a request to amend the Olde Mill Stream Conditional Use Permit Ordinance. In particular to amend a 5.5 acre area to delete 39 existing RV rally spaces to allow a maximum of 35 RV Park Model spaces, delete the 27 tent spaces, request variance from length of stay requirements, request a variance from restroom and shower facilities, and request a variance from sanitary stations. The current layout consists of 439 sites and with the revision there will be 474 total sites. The existing approved CUP allows for a maximum of 536 RV spaces and 27 tent spaces. Surrounding Zoning Surrounding Land Use North PUD Multi-family South LM, C-2 and R-8 Industrial and Multi-family East R-8 and AR SFMD West C-2 General Commercial Assessment Pursuant to Chapter 6,o)4)D the length of stay is limited to 180 days (6 months) out of 365 days; however, a variance was previously issued in 2004 (Resolution ) allowing 25% of 1

4 the occupants to remain eight (8) months of the year rather than six (6) months. The applicant is now requesting that 15% of the occupants be allowed to stay all year and 85% of the occupants would be limited to 6 months. The applicant s justification for the year round stay indicates that the proposed RVers will provide additional revenue to the City s merchants during the slow summer months. Chapter 6, Section 2)o)4)F requires sanitary stations at a ratio of one for every one hundred (100) spaces or fraction thereof. The RV park currently provides 3 sanitary stations and the regulations would require an additional 2 sanitary stations. The applicant is requesting a variance to allow one for every two hundred fifty (250) spaces or fraction thereof when at least 50% of the RV spaces have direct sewer hookup. The applicant s justification for the reduction of sanitary stations is that all the existing and proposed RV spaces will have direct sewer hookup, therefore, there is no need for additional sanitary dump stations. In addition, the existing RV Park is in compliance with Chapter 64E-15, FAC regarding Recreational Vehicle Parks sanitary stations which requires one (1) sanitary station for every 250 spaces or fraction thereof, when at least 50% of the RV spaces have direct sewer hookup. The existing RV Park exceeds the requirement. Chapter 6, Section 2)o)4)F) also requires restroom and shower facilities based on number of spaces. The existing RV Park provides 6 toilets, 5 urinals, 6 hand washing fixtures, and 8 showers for men; provides 6 toilets, 6 hand washing fixtures, and 8 showers for women. In addition there are handicap bathrooms for men and women with each bathroom providing 1 toilet and 1 hand washing fixture. The applicant is requesting a variance to allow the use of the existing facilities to serve the needs of the entire RV park. Based on the current code and based on 474 spaces, the regulations would require a total of 16 toilets, 9 urinals, 24 hand washing fixtures, and 5 showers for men; 24 toilets, 24 hand washing fixtures, and 5 showers for women. The applicant s justification for the reduction of facilities is that each RV unit is self contained with bathrooms and showers and the applicant meets Chapter 64E-15, FAC which regulates RV parks. Recommendation Chapter 20, Section 1, f) identifies the review criteria in regards to variances as follows: 1) No diminution in value of surrounding properties would be suffered; Granting of the variance should have no effect on the value of the adjacent properties. 2) Granting the permit would be of benefit to the public interest; Granting of the variance would be of benefit to the public interest due to the following reasons: 1) Granting a variance from the requirements regarding sanitary stations, 2

5 restrooms and shower facilities is a benefit to the public due to the existing facilities meeting and exceeding State Requirements contained in Chapter 64E-15, FAC. These rules protect the general public. The existing City regulations regarding these facilities were written based on the assumption that occupants of the RV Park or campground would consist of self contained and non-self contained RVs and tent campers. In addition, the existing park provides sanitary sewer hook ups for each self contained RV. 2) Granting a variance from the length of stay would be a benefit to the public by providing additional temporary housing options to meet the needs of the RV community, senior citizens and providing economic opportunities to the local merchants and community. 3) Denial of the permit would result in unnecessary hardship to the owner seeking it; Denial of the variance would result in unnecessary hardship to the owner. The existing regulations were written based on the assumption that occupants of the RV Park or campground would consist of self contained and non-self contained RVs, travel trailers, and tent campers. The owner has indicated that all potential occupants of the RV park will be for only self contained RVs and no tent camping will be allowed. The RV community has evolved, more Baby Boomers are choosing to leave behind the responsibilities of a single family residence and take to the road in an RV that may have a value close to that of their previous home. These full time RVers may travel daily, weekly or settle in any area for six months to a year. Some are retired, some work at the RV parks in exchange for their sites and some work at jobs that are contractual and may last up to a year and sometimes two. These jobs are road construction, utility construction, structural, electrical, engineers, traveling nurses, land appraisers for right of way acquisitions, etc. Without the ability to allow stays of over 6 months the owner will be limited to the snowbirds portion of the RV community and would be at a disadvantage to other RV park owners whose parks are located in Lake and surrounding counties which do not have time limitations. 4) By granting the permit, substantial justice will be done; and Granting of the variance from the sanitary stations and restroom facilities would provide a fair and equitable option to the City s standards while maintaining standards that meet State guidelines and protect the general health of the public. Granting of the variance from the length of stay requirements would provide the property owner with the means to more fully meet the needs of the RV community, provide for temporary housing options and provide an economic boost to the owner and community. 5) The use must not be contrary to the spirit of the ordinance. 3

6 The existing regulations were written based on the assumption that occupants of the RV Park or campground would consist of self contained and non-self contained RVs, travel trailers, and tent campers. The owner has indicated that all potential occupants of the RV park will be for only self contained RVs and no tent camping will be allowed. Each RV site will have water and sewer connections and each self contained RV has bathroom facilities. The existing park provides for 3 sanitary dump stations. The existing park also provides 6 toilets, 5 urinals, 6 hand washing fixtures, and 8 showers for men; provides 6 toilets, 6 hand washing fixtures, and 8 showers for women. In addition there are handicap bathrooms for men and women with each bathroom providing 1 toilet and 1 hand washing fixture. The existing facilities meet the intent of the regulations and meet State guidelines regarding these facilities; therefore, the issuance of the variance would not be contrary to the spirit of the regulations. The existing regulations were written to limit occupancy to prevent RV parks from becoming slum or blighted areas or substandard mobile home parks. The existing CUP prohibits the placement of structures (i.e. screen porch, carports, awnings) to the RVs. As stated earlier, the RV community has evolved and RV parks provide temporary housing to meet the various needs of retirees, temporary workers, and tourist. Allowing 15% of the occupants to stay up to one year would not be contrary to the intent of regulations because of the rules in place to prevent the construction of permanent additions such as screen porches, carports, utility rooms, etc. which can contribute to areas becoming blighted. Staff recommends approval of the CUP amendment and variances. 4

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23 HALO DR GOODBAR AVE TARPON AVE NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT REVISION AND VARIANCE The proposed Ordinance and Resolution will be considered at the following public meetings: Umatilla Planning and Zoning meeting on May 10, 2016 at 7:00 p.m. Umatilla City Council meeting on May 17, 2016 at 7:00 p.m. Umatilla City Council meeting on June 7, 2016 at 7:00 p.m. ORDINANCE B AN ORDINANCE OF THE CITY OF UMATILLA, FLORIDA, AMENDING THE TERMS AND CONDITIONS FOR THE CONDITIONAL USE PERMIT OF OLDE MILL STREAM; REVISING CONDITIONS AND UPDATING CERTAIN PROVISIONS; PROVIDING FOR CONFLICTS, SEVERABILITY; AND AN EFFECTIVE DATE. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UMATILLA, FLORIDA, GRANTING A VARIANCE TO THE LAND DEVELOPMENT REGULATIONS (LDR) RULE OF OCCUPANCY OF SPACE IN AN RV PARK REQUIREMENT FROM ONE HUNDRED EIGHTY (180) DAYS OUT OF EVERY THREE HUNDRED SIXTY FIVE (365) DAYS TO ALLOWING FIFTEEN PERCENT (15%) OF THE OCCUPANTS TO REMAIN TWELVE MONTHS PER YEAR; GRANTING A VARIANCE TO THE LDR RULE OF RESTROOMS AND SHOWER FACILITIES; AND GRANTING A VARIANCE FROM LDR RULE OF SANITARY STATIONS FROM ONE FOR EVERY 100 SPACES TO ONE FOR EVERY 250 SPACES ON THE DESCRIBED PROPERTY LOCATED AT 1000 N. CENTRAL AVE. IN THE CITY OF UMATILLA FLORIDA, OWNED BY EVERS ENTERPRISES LLC, PROVIDING FOR AN EXPIRATION DATE AND PROVIDING FOR AN EFFECTIVE DATE. The City of Umatilla Land Development Regulations, Comprehensive Plan, and the legal description of the property are available for inspection at the City Hall, during normal working hours 8:00 a.m.to 5:00 p.m. Persons with disabilities needing assistance to participate in any of these proceedings should contact Karen Howard, City Clerk, at (352) at least 48 hours before the date for the scheduled hearing. F.S If a person decides to appeal any decision or recommendation made by Council with respect to any matter considered at this meeting, he will need record of the proceedings, and that for such purposes he may need to ensure that averbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City of Umatilla is an equal opportunity provider and employer. Ê GRAND R IDGE DR SILVER DR B EACH ST PALM ST TWINLA K ECIR LAKEGIBSONLN COOL EY RD SR 19 GLENDALE AVE PERU RD MAXWELL RD Site Location WINKEN LN WEBSTER HILL RD SUNSET AVE OGDEN AVE LAKE ST OWENS ST WISTERIA AVE WINOGENE AVE NKENTUCKY AVE SEMINOLE ST BULLDOG WAY UMATILLA BLVD HATFIELD DR NCENTRALAVE PARKS AVE LAKE PEARL PL PRIVATE DR ECOLLINS ST FLETCHER RD CHARLES OSBORNE RD CR 450 GRANDVIEWAVE PEARL ST GUERRANT ST DAVIS AVE WOCALA ST HARRIS ST SCENTRALAVE HUNTER SMITH ST ORANGELN BULLDOG LN NTROWELL AVE NORANGEAVE CASSADY ST OUTLOOK ST GROVE ST EAST LAKE ST NOAK AVE NWINTHROPAVE NPINEAVE CASSADY ST SKYLINEDR

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