May 14, 2013 - Planning and Land Development

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GROWTH AND RESOURCE MANAGEMENT DEPARTMENT
PLANNING AND DEVELOPMENT SERVICES DIVISION
CURRENT PLANNING ACTIVITY
123 W. Indiana Avenue, Room 202, DeLand, FL 32720
(386) 943-7059
PUBLIC HEARING:
May 14, 2013 - Planning and Land Development Regulation
Commission (PLDRC)
CASE NO:
S-13-018
SUBJECT:
Special exception for a recreational area on Prime Agriculture
(A-1) zoned property.
LOCATION:
1835 Oak Haven Plantation Road, Osteen
APPLICANT:
P.J. Lacette, Best Paw Forward, Inc.
OWNER:
Laurence & Jean Lacette
STAFF:
Susan Jackson, AICP, Planner III
I. SUMMARY OF REQUEST
The applicant is requesting a special exception to establish a Recreational Area use for a
dog training/sports facility on 10 acres, zoned A-1, located on Oak Haven Plantation Road
in Osteen. A recreational area is a permitted special exception use in A-1.
Staff Recommendation: Forward to county council for final action with a recommendation
of approval with staff recommended conditions.
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II. SITE INFORMATION
1. Location:
The property is located on Oak Haven Plantation Road,
4 miles north of Maytown Road and 1 mile east of Pell
Road, the nearest community being Osteen.
2. Parcel Number(s):
8330-00-00-0410
3. Property Size:
10 acres
4. Council District:
3
5. Zoning:
A-1
6. Future Land Use:
Agricultural Resource (AR)
7. ECO Map:
No
8. NRMA Overlay:
Yes
9. Adjacent Zoning and Land Use:
DIRECTION
ZONING
North:
A-1
FUTURE LAND
USE
AR
CURRENT USE
East:
A-1
AR
Vacant
South:
A-1
AR
single family/agriculture
West:
A-1
AR
single family/agriculture
Vacant
10. Location Maps
Zoning Map
Aerial Map
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III. BACKGROUND AND PREVIOUS ACTIONS
The property is part of the
Saddle
Creek
Farms
unrecorded
subdivision,
remotely
located
approximately
2
miles
southeast of Lake Ashby and
6 miles northeast of the
Osteen area. The subdivision
consists of predominantly 10acre parcels.
Some are
developed with single-family
homes and ranchettes, and
many are vacant. Immediately
surrounding
the
subject
property are vacant parcels to
the north and east, single
family homes and ranchettes
to the south and west.
Approximately 600 feet to the
east is the Wire Grass Prairie
Preserve conservation lands.
The applicant, Ms. P.J. Lacette, is requesting this special exception in order to establish a
dog training and sport facility on the property. She and her husband purchased the
property in 2008 with this purpose in mind. When the Lacettes purchased the property,
they did not realize a special exception would be required to legitimize their pursuit. They
did apply for, and were issued, a Class A Home Occupation license in December 2009,
which is a business tax to allow home office activities, but does not permit client visits to
the premises. Unaware of this restriction, the Lacettes began a dog training club and have
been offering lessons on site since 2010. In August 2010, Volusia County Code
Enforcement received a complaint about the activity and issued a violation on August 6,
2010. Since that time the Code Enforcement office has not received any further
complaints. The applicant has been working with the Zoning staff to determine which use
would be most appropriate to accommodate the applicant’s request.
The applicant’s intent is to operate the training facility as a club for members, and also
provide private and small group lessons for people and their dogs wanting to learn agility,
rally, obedience and other dog sport competitions. Ms. Lacette also teaches offsite classes
in Maitland and DeLand, as well as private lessons in client’s homes. There are currently
25 members of the club. The eventual hours of operation for the lessons would be 6 days
a week from 9 am to 9 pm, however; at this time, classes are offered only 3 days per week
on Wednesdays, Thursdays, and Saturdays. Class size is typically 3 to 6 dogs. Private
lessons may also be provided by appointment.
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IV. REVIEW CRITERIA AND ANALYSIS
Recreational Area Code Requirements
The use of a dog training/sport facilities is not specifically addressed within any zoning
classification of the zoning code. Due to the sports and recreation aspect of the use, the
best fit within the A-1 zoning classification is a special exception for a Recreational Area.
There are other special exception uses within the A-1 classification that accommodate dog
related uses such as animal hospital, animal shelters, dog boarding and veterinary clinics.
The classification also allows equestrian event facilities which would have a similar function
for horse enthusiasts. Recreational Areas are defined as “Privately owned and operated
facilities providing recreation and sport uses such as golf courses, country clubs, swim
clubs, tennis clubs, and the like. Private recreational facilities are generally sustained
through the sales of memberships, but may be open to the general public for a fee…” In
order to approve a recreational area in the A-1 zone, section 72-293(3) specifies certain
conditions that must be met as follows:
a. The total lot area covered with the principal and accessory building shall not
exceed 15 percent.
The property contains a house, small pole barn and a few small storage buildings on 10
acres. The combined square footage is well below the 15 percent threshold.
b. No dwelling units shall be provided on the premises except for living quarters for a
resident manager, watchman or caretaker. Those living quarters, if any, shall be
constructed as part of the principal building.
The property contains one dwelling unit, which is the home of the owners. It is the principal
building on the property.
c. No principal or accessory building, swimming pool or tennis court shall be located
less than 50 feet from any lot line.
All buildings associated with the training facility meet this setback. The areas delineated as
training rings on the site plan appear to be within this setback. Staff recommends a
condition that will ensure the rings are placed at least 50 feet from any lot line.
d. No outdoor loudspeaker or call system shall be audible on adjoining property.
There is no outdoor loudspeaker or call system proposed. Staff recommends a condition
that will ensure no such system will be used on site.
e. All artificial lights shall be directed away from adjoining properties.
There are four lights associated with the agility training area. They are setback over 140
feet from the nearest property line. They are shielded from view of other properties and
shine only onto the agility field. The lights are used to allow safe use of the agility
equipment and are turned off no later than 9:00 p.m. (See photos #3 and #4). Staff
recommends a condition that will ensure compliance.
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f.
Unless waived by the county council, off-street parking areas meeting the
requirements of section 72-286 and landscaped buffer areas meeting the
requirements of section 72-284 shall be constructed.
The parking area is a hard-packed grass area located along the sides of the grass
driveway and setback approximately 100 feet from the property line. Given the infrequent
use of the parking area and the rural agriculture atmosphere of the area, the grass parking
is more than adequate to meet the needs of the training facility. In addition, the owners are
committed to keeping the training facility, and their agricultural pursuits, as ecologically
friendly as possible (See photo # 7).
The existing landscaping consists of natural vegetation and/or planted landscaping along
the property boundaries to provide a xericscape landscaped buffer from the adjacent road
and neighbors. In the last few years the applicant has planted more than 40 trees along
the road frontage, and relocated many trees within the site in order to provide visual
barriers to neighboring properties. The training rings are located in the front/center of the
property and are not visible to the southern neighbor due to the relocated vegetation in the
middle of the site. The east side of the property contains a thick barrier of natural
vegetation adjacent to the side road. This is also where the goat pen is located. The west
side contains natural vegetation adjacent to the neighbor’s horse pasture. Requiring
additional landscaping is not necessary for this use (See photos #5, #6, #10, #11 and #12).
Based on existing site conditions, staff recommends the landscape buffer and parking
requirements be waived.
In addition to the issues discussed above, the applicant desires to install one small sign, in
keeping with the rural character of the area, at the entrance to the property. This sign is no
more intrusive than many rural homesteads have to announce their address or name of
their property (See photo #13).
Lastly, the applicant may offer boarding of club members’ pets on an occasional basis.
The number of dogs being boarded would not exceed the number currently allowed under
zoning code section 72-306, which is up to 12 dogs. The dogs would be kenneled inside
the Lacette’s home, not in an outbuilding or outdoor dog runs. This, technically, does not
require council approval, but is being mentioned to provide full disclosure of the activities
conducted on the site.
Special Exception Review Criteria
Under subsection 72-415(8) Reasons for denial, the commission may recommend denial of
any application for a special exception, and the county council may deny the application for
one or more of the following reasons:
(a) It is inconsistent with the purpose or intent of this article.
The purpose and intent of the A-1 Prime Agriculture Classification is to preserve valuable
agricultural land for intensive agricultural uses, and to protect land best suited for
agricultural uses from the encroachment of incompatible land uses. The applicant is
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maintaining an agricultural use upon the property with the keeping of goats. The
recreational use of the dog sports training facility complements the preservation of rural
agriculture lands. Therefore, the proposed use is consistent with the zoning classification.
(b) It is inconsistent with any element of the comprehensive plan.
The property has an Agriculture Resource future land use designation. This designation is
defined as follows:
This designation consists of lands suited for intensive cultivation, ranching,
aquaculture, and timber farming. The criteria used to identify these areas
includes the soil quality, existing or potential value of production, existing
agricultural uses, parcel size, ownership patterns, and investment in farming.
In order to protect the agricultural industry, it is important that uses
incompatible with agriculture, and uses and facilities that support or
encourage urban development are not allowed. In addition, to facilitate a
diversification of land uses within AR areas, non-agricultural uses, such as
agri-tourism, recreation, disposal and extractive uses may be allowed.
However, to protect the viability of agriculture, such uses should be ancillary
to the primary agricultural use of the property.
With conditions, the requested Recreational Area for a dog sports training facility is
compatible with the comprehensive plan.
(c) It will adversely affect the public interest.
Recreational areas are a permitted special exception in the A-1 zoning classification.
Given the large parcel size, property location, and the special exception criteria for
recreational areas being met, staff finds that the use will not adversely affect the public
interest, subject to the recommended conditions.
(d) It does not meet the expressed requirements of the applicable special exception.
The requested use already meets the requirements of the section 72-293(3), or can easily
be modified to do so. The requirement for off-street parking areas meeting the
requirements of section 72-286 and landscaped buffer areas meeting the requirements of
section 72-284 may be waived by the county council. It is staff’s recommendation that a
waiver be granted as they are unnecessary and excessive for this use.
(e) The applicant will not be able to meet all requirements imposed by federal, state
or local governments, or by the county council.
The applicant must meet the requirements of the special exception as well as permitting
requirements by any applicable federal, state, and local agencies.
(f) Notwithstanding the provisions of article XIV of the land development code
[appendix A], it will generate undue traffic congestion.
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The number of vehicles accessing the property at any one time is only a slight increase
over the normal single family/agricultural use and will not generate undue traffic
congestion.
The property is accessed off Pell Road via an unpaved non-exclusive access easement
that serves many properties within the subdivision. Maintenance for the road is the
responsibility of the property owners. The applicant and club members regularly purchase
material and provide equipment to maintain and improve the road (See photo #8).
(g) It will create a hazard or a public nuisance, or be dangerous to individuals or to
the public.
This recreational use will not create a hazard or public nuisance, or be dangerous to
individuals or the public.
(h) It will materially alter the character of surrounding neighborhoods or adversely
affect the value of surrounding land, structures or buildings.
The character of the surrounding area is rural with acreage home sites, pastureland, and
vacant parcels. There are no structures associated with the use that are not common to a
regular home site in a rural area. The agility equipment is portable and the training rings
are temporary in nature. Given the remote location of the property, there are few people
that would see it other than the club participants and clients. This use will not materially
alter the character of the surrounding neighborhood or adversely affect the value of
surrounding land, structures or buildings, with certain conditions (See photos # 1, #8 and
#9).
(i) It will adversely affect the natural environment, natural resources or scenic
beauty, or cause excessive pollution.
The special exception should not adversely affect the natural environment, natural
resources or scenic beauty, or cause excessive pollution.
V. STAFF RECOMMENDATION
Staff recommends approval of the special exception for a Recreational area on Prime
Agriculture (A-1) zoned property, subject to the following conditions:
1. Exterior lights associated with the training facility are to be downward directed,
shielded from adjacent neighbors, and turned off no later than 9:00 pm.
2. All areas and activities associated with the recreational facility shall be located no
closer than 50 feet to the property lines.
3. The property owners will be responsible for obtaining appropriate building permits
for any signage, electrical, permanent or temporary structures or appurtenances
thereto, constructed upon the property.
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4. Individual classes should not exceed 6 dogs per class and all classes should be
concluded by no later than 9:00 p.m.
5. Boarding of dogs is allowed as an accessory use in the A-1 zoning classification,
limited to a maximum of 12 dogs, pursuant to section 72-306 of the zoning code.
6. Signage shall be limited to one sign at the entrance to the property measuring 20
inches wide by 18 inches high.
7. The property owners will continue to participate in maintaining and improving the
access easement, from the Pell Road to the property entrance.
8. There shall be no loud speakers or call system.
9. As provided under Section 72-293(3)(f), the landscaped buffer and parking
requirements are waived.
VI. ATTACHMENTS
•
•
•
•
•
•
Written Explanation
Petition of Support
Survey and special exception site plan
Transportation Engineering Memo
Photographs
Maps
VII. AUTHORITY AND PROCEDURE
Pursuant to Section 72-415, 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 prior to the council meeting.
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P.J. Lacette
Best Paw Forward Inc.
1835 Oak Haven Plantation Rd., Osteen FL 32764-8872
bestpaw@earthlink.net 407-321-1006
Best Paw Forward/Hours of Operation
Offering small group or private classes.
TRAFFIC
Peak hourly traffic typically 9 a.m.-7 p.m. weekday and 9 a.m.- 5 p.m. weekends, that
generates 1-6 total car trips per session at a few scattered times throughout the week.
CLASS HOURS OF OPERATION
Weekday group or private classes, averaging 3 dogs per class, beginning at 9 a.m. and
ending at 5 p.m.
Weeknight group or private classes, averaging 6 dogs and their families per group class,
beginning at 6 p.m. and ending by 9 p.m., requiring no lighting for much of the year. Initially
evening group classes will be held only on Wednesdays and Thursdays; the program is
currently operating at two other locations during the week.
Weekend group or private classes, averaging 6 dogs and their families per group class,
beginning at 9 a.m. and ending by 8 p.m. with peak hour traffic of 2-6 cars coming and
going.
Private classes will be by appointment only, beginning at 9 a.m. and ending by 9 p.m. BPF
prefers and encourages small group classes for most families; so private classes are not
planned as a significant portion of our clientele.
1
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P.J. Lacette
Best Paw Forward Inc.
1835 Oak Haven Plantation Rd., Osteen FL 32764-8872
bestpaw@earthlink.net 407-321-1006
SIGNAGE
Signage consists of one sign at the entrance to our property,
measuring 20” wide by 18” high.
EXTERIOR LIGHTING
Lighting of the outdoor training area is provided by boxed-in or
hooded lights only bright enough to ensure safety. They are currently
shielded on the sides to prevent light reaching beyond the limited
confines of the training area.
The lit area is surrounded by natural cover cultivated by the owners,
and is more than 100 feet from the front and side of the property, and
reaching no more than 150 in length, so it does not impact residences
nearby.
Our lights also serve to illuminate our adjacent goat enclosure when
needed to care for the goats, and are used when we practice with our
own dogs.
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SPECIAL
EXCEPTION
SITE PLAN
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Inter-Office
Memorandum
TO:
Susan Jackson, Planner III
DATE:
February 19, 2013
FROM:
Danielle Dangleman, Environmental Specialist III
SUBJECT: Planning & Land Development Regulation Commission meeting for
Date:
March 12, 2013
Parcel #:
8330-00-00-0410
Case #:
S-13-018; Lawrence Lacette, owner
Environmental Permitting (EP) conducted a site inspection on February 14,
2013 of the subject parcel and reviewed the application. The property
consists of mowed grass with very few trees. Reviewing aerial photographs,
this property has been cleared for over 27 years. EP has no objection to this
request as submitted.
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REVIEW STAFF COMMENTS
LACETTE (BEST PAW FORWARD)
S-13-018
CODE COMPLIANCE
Beverly Hancher
February 14, 2013
Comments:
I received a complaint on 11/20/2009 regarding the running of a dog training business at
this location, I have had not further complaint pressure and have been working with
property owner P J Lacette ever since to bring the business into compliance.
1
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Photo #1
Entrance to property.
- Parking and agility ring to the right, Obedience and Rally areas to the left
Photo #2
Looking from front of house to northwest quadrant of property.
- Obedience and Rally training areas
- Vacant pasture in between training areas and neighbor’s horse pasture
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Photos #3 and #4
Looking from the east to west.
- Agility training area
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Photos #5 and #6
Looking from the rear of the house to the south half of the property
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Photo #7
Parking area
Photo #8
Oak Haven Plantation Road
- Subject property on the right, past the horse pasture
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Photo #9
Looking from northeast corner of the property.
- Goat pen area between eastern boundary and agility training area.
Photo #10
Eastern boundary vegetation
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Photo #11
Looking from the southeast corner at the rear of the property
- Southern boundary vegetation
Photo #12
Western boundary vegetation
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Photo # 13
Proposed sign
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