PH-13-012 - Volusia County

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:
February 12, 2013 - Planning and Land Development
Regulation Commission (PLDRC)
CASE NO:
PH-13-012
SUBJECT:
Public hearing regarding a request to allow temporary campsites
for 3 days before, during, and 3 days after any regularly
scheduled racing event at the Daytona International Speedway
for Speedweek, Biketoberfest, the Pepsi (Coke Zero) 400 and
Bike Week, and related itinerant merchant sales and special
events, pursuant to the Resolution Nos. 2000-54 and 2002-154
(Cabbage Patch BPUD).
LOCATION:
549 North County Road 415, New Smyrna Beach
APPLICANT:
Ronald Luznar
OWNER:
Same
STAFF:
Scott Ashley, AICP, Planning Manager
I. SUMMARY OF REQUEST
The applicant is requesting approval for temporary campsites, related vendors and special
events for Speedweek, Biketoberfest, the Pepsi (Coke Zero) 400 and Bike Week for 2013
and 2014 under the provisions of Resolution Nos. 2000-54 and 2002-154, Cabbage Patch
Business Planned Unit Development.
Staff Recommendation: Approval, subject to the staff recommended conditions.
Page 1 of 7
II. SITE INFORMATION
1. Location:
This property is located on the northeast corner of
County Road 415 (Tomoka Farms Road) and Pioneer
Trail, near the Silver Sands Bridle Club, in the rural
community of Samsula.
2. Parcel Number(s):
7211-00-00-0030
3. Property Size:
±4.2 acres
4. Council District:
3
5. Zoning:
BPUD
6. Future Land Use:
AR
7. ECO Map:
No
8. NRMA Overlay:
No
9. Adjacent Zoning and Land Use:
DIRECTION
ZONING
FUTURE LAND CURRENT USE
USE
Agriculture
Bar & accessory structures
Resource
Subject Property
BPUD
North:
A-1
Agriculture
Resource
Improved pasture
East:
A-1
Agriculture
Resource
South:
A-1
Agriculture
Resource
Cleared & undeveloped property
used for temporary campsite
during annual special events
Wooded & undeveloped used for
temporary campsite during annual
special events
10. Location Maps
Location Map
Aerial Map
Page 2 of 7
III. BACKGROUND AND PREVIOUS ACTIONS
The subject property is the site of “Sopotnick’s Tavern”, commonly known as the “Cabbage
Patch”. The principal building on the parcel is a converted 2-story single-family dwelling
with the bar/tavern on the first floor and a residence above. In March of 2000, the County
Council rezoned the property from A-1 (Prime Agricultural) to Business Planned Unit
Development (BPUD) and a subsequent PUD Amendment (Resolution No. 2002-154) was
approved in September 2002.
Approval of Resolution No. 2000-54 Cabbage Patch BPUD Development Agreement
recognized the commercial use of the property as a bar and provided for the upstairs,
owner’s residence as a permitted use as well as itinerant merchant (IML) vending during
Speedweek, Biketoberfest, the Pepsi (Coke Zero) 400 and Bike Week special events. It
also contains a procedure under Section D, Land Uses within the BPUD, requiring a public
hearing before the PLDRC, with due public notice, to allow temporary campsites and
special events for a period of two years only.
The PLDRC last reviewed this item under case PH-10-001, which allowed temporary
camping and the bi-annual coleslaw wrestling events for 2010 to 2012. The applicant
operated last year in compliance with all former conditions and without incident.
IV. REVIEW CRITERIA AND ANALYSIS
Site Plan - The submitted site plan shows the location of vendor area/campsites on the
east portion of the property. A special events area (cole slaw wrestling) and portable toilets
are also located near the campsites. The campsites will be for tents and RVs only. The
requested special event, coleslaw wrestling, is a one-day event that will take place in
March and October 2013 and 2014 during Bike Week and Biketoberfest events. Access to
the camping area will be from an existing concrete driveway off County Road 415.
Comprehensive Plan – The subject property is situated within the Samsula Local Plan
area, which is a unique designation that recognizes traditional population concentrations
situated within rural areas. A prime provision associated with the rural community
designation is that the zoning that was in place at the time of the adoption of the
Comprehensive Plan was retained. Provided below is an applicable policy of the Future
Land Use Element:
Policy 1.3.1.3 Business uses as outlined under the Commercial category and
appropriate rural oriented recreational uses, excavations, and disposal operations that
need a Special Exception may be permitted in non urban areas within the following
guidelines:
a. Size of parcel should not exceed 5 acres, unless the use can be specifically
related to agricultural support such as sawmills or processing, packaging,
storage, and shipping of agricultural products, rural oriented recreational use,
or is a disposal or extraction oriented use. A FAR of up to 0.35 will apply
unless the use is specifically related to agricultural support or is a disposal or
extraction oriented use;
Page 3 of 7
b. Uses must be located on major roadways or intersections with major
roadways and not be allowed to locate on local or unpaved roads;
c. Signage shall comply with Section 821.09, Thoroughfare Overlay Zone
regulations from the Zoning Ordinance 80-8, as amended; and
d. Business uses shall not disrupt the rural lifestyle by being compatible with
the area's rural character (does not generate increased traffic, generally
serves the local population and agricultural uses, be of single use, low
profile, limited square footage format, etc.)
The existing nonresidential use occupies a parcel that is less than five acres consistent
with Policy 1.3.1.3. The proposal is a temporary use associated with specifically dated
events that will not create long term impact to the surrounding area.
The proposed temporary campsite use has operated successfully since 2000, subject to
the typical conditions applied to a temporary campsite without complaint. Staff does not
anticipate that continued operation, per the conditions, would cause a loss of value of the
surrounding real estate or become a hazard or public nuisance.
III.
STAFF RECOMMENDATION
Staff recommends approval of this request to allow temporary campsites for 3 days before,
during, and 3 days after any regularly scheduled racing event at the Daytona International
Speedway for Speedweek, Biketoberfest, the Pepsi (Coke Zero) 400 and Bike Week, and
related special events and itinerant merchant sales, pursuant to the Cabbage Patch BPUD
(Resolution No. 2000-54), subject to the following CONDITION(S):
1.
The temporary campsites shall be limited to the areas as shown on the site
plan attached hereto. The temporary campsites shall only be open for
operation three days before, during, and three days after the Daytona
International Speedway for Speedweek, Biketoberfest, the Pepsi (Coke Zero)
400 and Bike Week events scheduled for 2013 and 2014.
2.
The temporary camp sites shall be located outside any perimeter landscape
buffer area and limited in the areas shown on the site plan attached hereto.
The temporary camp sites shall only be open for operation three days before,
during, and three days after the Daytona International Speedway for
Speedweek, Biketoberfest, Pepsi (Coke) 400, and Bike Week events
scheduled for 2013 and 2014.
3.
The maximum number of campsites that may be allowed on the site shall not
exceed 40. The size of the individual campsites, number of recreational
vehicles per acre, number of portable toilets, potable water and shower
facilities shall be in accordance with the Volusia County Health Department
requirements.
Page 4 of 7
4.
The applicant shall submit copies of a detailed revised site plan, drawn to
scale and provisions that address these conditions of approval, directly to the
Volusia County Health Department, Fire Services, Sheriff's Office, and the
Building and Zoning Division for review and approval before using the subject
property for temporary camping use. The applicant shall coordinate with these
departments on an individual basis. However, the applicant is responsible for
providing copies of all approvals to the Growth and Resource Management
Department. A site plan with all signed contracts for portable toilets and
garbage pick/clean up times(s) shall also be submitted to the Growth and
Resource Management 30 days prior to Speedweek, Biketoberfest, Pepsi
(Coke) 400, and Bike Week events scheduled for 2013 and 2014.
5.
The applicant must obtain a County Local Business Tax Receipt for the
operation of a campsite and collect all appropriate tourist development tax and
sales tax, as required by County Ordinance and State Statute. All vendors
shall obtain Itinerant Merchant licenses. A copy of the above licenses shall be
submitted to the Building and Zoning Division prior to the opening of the
campsites for Speedweek, Biketoberfest, Pepsi (Coke) 400, and Bike Week
events.
6.
The Volusia County Sheriff's Office, Finance, Fire Services, and Growth and
Resource Management Department, and the Volusia County Health
Department and State Department of Revenue, and the Department of
Business and Professional Regulation (DBPR) shall have unlimited and
unconditional access to the subject property 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 or enforcement purposes.
7.
No open fires are permitted on the subject property. The applicant shall
provide fire protection services for the temporary campsite in accordance with
the requirements of the Assistant Chief of Fire Safety Management, including,
but not limited to: stabilized access drives for emergency vehicles and
apparatus to all areas and sites; and provisions for fire suppression by
providing fire extinguishers, Type 2A-40BC.
8.
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 campsite shall state that no direct
discharge of any wastewater from any recreational vehicle will be permitted.
9.
Portable toilets and hand wash sinks shall be required at a central location at
the campsite. An approved service contract for pumping of the portable toilets
shall be provided to the Volusia County Health Department and the Building
and Zoning Division 15 days prior to the opening of the campsites for Bike
Week and at least 30 days prior to the Biketoberfest events scheduled for
2010 and 2011.
Page 5 of 7
10. The temporary campsite shall comply with the minimum requirements for
potable (drinking) water supply as required by Chapter 64E, Florida
Administrative Code and applicable provisions of the Florida Building Code.
Provisions for potable water are subject to review and approval by the Volusia
County Health Department. A copy of any approvals shall be submitted to the
Building and Zoning Division.
11. All food and beverage concession operations must receive a temporary Food
Service Permit from the Volusia County Health Department, and/or a permit
from the DBPR Division of Hotels and Restaurants, prior to operating on the
site. Also, all vendors shall obtain a required current County Local Business
Tax Receipt. Vendors shall not offer for sale any item, which is prohibited by
local, state or federal law.
12. The applicant shall provide adequate traffic control as determined by the
Sheriff’s Department, 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 County Road 415 in front of the
entrance/exit. The uniformed officer(s) are for traffic control only and the
applicant shall be required to pay any cost associated with these officer(s). In
the event the temporary camp site becomes full, the applicant shall temporarily
close the parking area to entering vehicles.
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 the Building and Zoning Division and
Special Services of the Sheriff's Office of the person(s) in charge of security
with his/her telephone number(s) and addresses 30 days prior Speedweek,
Biketoberfest, Pepsi (Coke Zero) 400, and Bike Week events scheduled for
2013 and 2014.
14. The applicant shall provide an adequate number of trash containers and
Dumpsters placed in strategic locations on the site. These Dumpsters and
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 the Building and Zoning
Division with a written contract with a local solid waste management company
30 days prior to opening the campsite facility. The contract shall require a
provision for garbage to be collected and removed from the site every other
day.
15. The Applicant shall comply with all current and future requirements and
provisions of the Itinerant Merchant License Ordinance, as amended, and the
Outdoor Entertainment Event Ordinance, as amended, of the Volusia County
Code of Ordinances.
Page 6 of 7
16. Violation of any of these conditions may result in automatic revocation of the
Public Hearing approved permit by the Zoning Enforcement Official. Upon
revocation, the temporary campsite shall not be resumed without approval of
another Public Hearing in accordance with Resolution No. 2002-154.
VI. ATTACHMENTS
•
•
•
•
•
Written Explanation
Survey and campsite site plan
Reviewer comments
PH-10-001 PLDRC rendition letter
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.
Page 7 of 7
Jan 15, 2013 Roger Luznar 3862 Pioneer Trail RECEIVED BY E-MAIL
Current Planning
01/16/13 YS 9:28
Date _______________
New Smyrna Beach, Fl. 32168 386‐405‐5525 cell or 386‐426‐2382 Scott Ashley Volusia County Zoning Dept. RE: Cabbage Patch BPUD Dear, Scott Please accept the letter for a public hearing before the PLDRC for the Cabbage Patch BPUD to allow camping use for special events during speed weeks, Bikeweek , July races, and Biketoberfest.. As you know, the Cabbage Patch BPUD contemplates temporary campsites in it use. This use may be approved for two years after a public hearing by PLDRC. Please see Volusia County Resolution # 2000‐54 We request a hearing at the next PLDRC hearing in Jan/ Feb 2013. We will comply with the due public notice requirements as required by the BPUD. I have recently submitted a survey/site plan detailing the site locations of the campsite/vendor. The only camping on the site is that of vendors that have an IML’s and stay within their vending space to keep it secure. We have approximately 50 vendors that set up on the site. If there are any other reasonable requirements that the staff may have regarding this application please let me know as soon as possible, So that I may get them to you. I can be reached at 386‐405‐5525 or 386‐426‐2382. I have also submitted a check for the public hearing fee of $ 476.00. Thank You, Roger Luznar REVIEW STAFF COMMENTS
LUZNAR
PH-13-012
Volusia County Health Department
Noble Bielby
January 23, 2013
Comments:
This project is a request for variance to the zoning ordinance of Volusia County, to allow a
temporary campground during special events on a parcel of land located at 525 Tomoka
Farms Road, New Smyrna Beach vicinity.
The applicant shall obtain a temporary campground permit from this department, prior to
each special event. The application shall indicate, on the application, approved wastewater
disposal and an approved water supply.
The Department poses no objection to the variance request.
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