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GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 943-7059 PUBLIC HEARING: December 11, 2012 - Planning and Land Development

Regulation Commission (PLDRC) CASE NO: S-12-047 SUBJECT: Special exception for temporary campsites on Rural Agriculture

(A-2) zoned property. LOCATION: 3969 State Road 44, New Smyrna Beach APPLICANT: Glenn Storch, Esquire OWNER: Hart Land & Cattle Company, Inc. STAFF: John H. Stockham, ASLA, Planner III I. SUMMARY OF REQUEST

The applicant requests a special exception to operate a temporary campsite consisting of 100 sites during racing events at the Daytona Beach International Speedway, as described in the zoning code. The request property is adjacent to the New Smyrna Beach Speedway. The applicant requests an approval period of five years from 2013 through 2018. However, staff typically recommends an initial one-year approval for new sites as a trial period. Specifically, the applicant requests a: Special exception for temporary campsites 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 (Coke Zero) 400, and Bike Week events for a period of five years. Staff recommendation: Forward to the county council with a recommendation of approval subject to the staff recommended conditions.

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II. SITE INFORMATION

1. Location: The property is located on the north side of State Road 44, approximately 500 feet west from its intersection with County Road 415, adjacent to the New Smyrna Speedway in the Rural Community of Samsula.

2. Parcel No(s): 7223-02-01-0010 3. Property Size: ± 15.9 acres 4. Council District: 3 5. Zoning: A-2 6. Future Land Use: Rural 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Location Maps:

ZONING MAP AERIAL MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE North: A-2 & B-5 Rural (Rural Community

of Samsula) Off-street parking for racing events

East: B-5 Rural (Rural Community of Samsula)

New Smyrna Beach Speedway

South: A-2 & B-5 Rural (Rural Community of Samsula)

Convenience store and vacant

property West: A-1 Rural (Rural Community

of Samsula) Forested, then grazing lands

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III. BACKGROUND AND PREVIOUS ACTIONS The request is for a new temporary campsite, primarily for recreational vehicles, adjacent to the New Smyrna Beach Speedway. The owner operated temporary campsites nearby across County Road 415 with limited success in terms of adhering to the conditions. The existing location (case S-08-009) began in February of 2008 and is set to expire in February of 2013. The owner has not always fully complied with the approved special exception conditions; mainly not getting contracts to staff 30 days in advance. With this application, the applicant requests an approval period of five years from 2013 through 2018. Staff typically suggests only a one-year approval for new sites as a way to evaluate that the applicant follows all required conditions. Per code, the request is for temporary campsites 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 (Coke Zero) 400, and Bike Week events, on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants and other relevant conditions are provided. Related special events and sales are allowed, if approved as part of the special exception. This application specifically excludes special events and vendor sales. The property is located in the rural community of Samsula, northwest of the intersection of State Road 44 and County Road 415. There is a convenience store with gas pumps on the southwest corner of the intersection. The New Smyrna Speedway facility lies to the east of the property. To the north, the area is sparsely developed with single-family homes on acreage lots. A flea market (case S-10-048), which is no longer in operation, also existed on the Speedway property with conditions. One of these conditions included improvements to driveways on both County Road 415 and State Road 44, which were not all completed by the owner. The applicant’s site plan depicts a single entrance driveway from State Road 44, 100 individual campsites, drive aisles, trash containers, comfort stations (toilets with sinks), fire equipment, and potable water supplies at the adjacent Speedway. The proposed access is from the Speedway driveway located on State Road 44. The applicant proposes cross-access to the temporary campsites from this driveway. Campers will inevitably use other driveways on County Road 415 as well. The entire perimeter of the site is fenced and traffic signs are indicated on the site plan. The request site and speedway property are both under the same ownership. Based on the applicant’s written request, there are no commercial vendors and no special events or contests on the campsite plan. The campsites, portable toilets, hand-wash sinks, and potable water facilities all will comply with Health Department requirements. The owner provides fire protection per Fire Services requirements. The owner provides campground security and coordinates security plans with staff. The owner also provides and maintains adequate solid waste containers on the property.

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III. REVIEW CRITERIA AND ANAYLSIS Per section 72-415(8) reasons for denial, the commission may recommend denial and county council may deny any special exception application for one or more of the following reasons: a. It is inconsistent with the purpose or intent of this ordinance. Special-event-related temporary campsites are allowed by approved special exception, along with appropriate conditions. The conditions of approval help to protect the health, safety, and welfare of the public. Staff finds that the application is consistent with the purpose and intent of this ordinance, and recommends approval for one year with conditions. b. It is inconsistent with any element of the Comprehensive Plan. The comprehensive plan contains no specific goals, objectives, or policies that apply to this special exception request for temporary campsites. These campsites provide accommodations for special-event tourists. Staff finds that the application is consistent with the Comprehensive Plan. c. It will adversely affect the public interest. The operation of the temporary campsites for special events does not typically adversely affect the public interest, dependent upon the operation of the campsites. Therefore, a time period of one year is recommended for evaluation of the operations as a trial period. After that time, any renewals are based upon the success of those operations to insure that the public interest is not adversely impacted. d. It does not meet the expressed requirements of the applicable special exception. There are no specific conditions listed in section 72-293 (special exceptions) of the zoning code for this request, however, there are certain conditions and standards that the county applies to this use. These conditions help protect the health, safety and welfare of the participants and the public. Staff recommends application of appropriate special exception conditions, if county council approves this request for this new site. e. The applicant will not be able to meet all requirements imposed by federal, state, or local governments, or by the county council. There is no evidence that the applicant is unable to meet all code requirements and staff recommended conditions. Staff anticipates that the applicant should be able to meet all of these requirements.

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A staff recommended condition to improve driveways was previously required for the special exception approval of the flea market located next to the speedway (case S-10-048). The owner has improved the driveway on State Road 44 as a condition of operating the flea market, which is no longer in use. The special exception approval should be limited to a one-year trial period for staff to evaluate the property owner’s operation at this property. f. Notwithstanding the provisions of article XIV of the land development code [appendix A], it will generate undue traffic congestion. The campsites are temporary and only allowed during special events, as listed in the use description and in the conditions of approval. The applicant will be required to provide an off-duty officer for traffic control and security. The applicant should be able to meet these requirements, even though this is a new location.

g. It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. Based on the proposed conditions of approval, the special exception will not create a hazard or a public nuisance, or be dangerous to individuals or to the public, if the applicant accepts all staff recommended conditions.

h. It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures, or buildings. The operation of the campsites will not materially alter the value of any nearby land, structures or buildings since it operates periodically and under strict conditions of approval. i. It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. Compliance with Health Department requirements and appropriate special exception conditions, as provided, will help to protect the environment and prevent excessive pollution. The applicant has stated in supplemental information that the owner will not expand the area already cleared for the temporary campsites. V. STAFF RECOMMENDATION

Staff recommends approval of the special exception for temporary campsites 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 (Coke Zero) 400, and Bike Week events on Rural Agriculture (A-2) zoned property, subject to the following conditions:

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1. The temporary campsites shall be limited to the areas as depicted on the special exception site plan. The temporary campsites shall only be open for operation three days before, during, and three days after any scheduled racing event at the Daytona International Speedway for Speedweeks, Biketoberfest, Pepsi 400 (Coke Zero), and Bike Week, for year 2013 only. Requests for extension shall be processed with a new special exception application.

2. The maximum number of campsites on the property shall not exceed 100. The size

of the individual campsites, number of portable toilets, hand wash sinks, potable water, and shower facilities shall be in accordance with the Volusia County Health Department requirements.

3. The property owner shall obtain a Host Itinerant Merchant License (IML) for operation of the campsites. No vendors will be permitted to operate within the boundary of the special exception, as depicted on the campsites plan. No special events or contests may take place at the location of the campsites.

4. The applicant shall submit copies of provisions that address these conditions of approval, directly to the Volusia County Health Department, Fire Services, Volusia County Sheriff's Office, and the Building and Zoning Division for review and approval. The applicant needs to coordinate with these offices on an individual basis. A site plan with all signed contracts for portable toilets, improved road system, and garbage pick/clean up times(s) shall also be submitted to Building and Zoning Division at least 30 days prior to each opening of the temporary campsites.

5. The applicant must collect all appropriate tourist development tax and sales tax, as required by county ordinance and state statute.

6. The Volusia County Sheriff's Office, Volusia County Health Department, Fire Services, Financial Services, and the Building and Zoning Division shall have unlimited and unconditional access to the subject property including common areas within the temporary campsites 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.

7. The applicant shall provide fire protection services for the temporary campsites in accordance with the requirements of requirements of Fire Services, including, but not limited to: stabilized access drives for emergency vehicles and apparatus to all areas and sites; 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 campsites shall state that no direct discharge of any wastewater from any recreational vehicle will be permitted.

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9. Portable toilets and hand-wash sinks shall be required at the campsites. The signed service contract for pumping of the portable toilets shall be provided to the Volusia County Health Department 30 days prior to the opening of the temporary campsites.

10. The temporary campsites shall comply with the minimum requirements for potable

(drinking) water supply as required by Florida Administrative Code and applicable Florida Building Code provisions. Provisions for potable water are subject to approval by the Volusia County Health Department and Volusia County Environmental Services.

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 S.R. 44 in front of the site. The uniformed officer(s) are for traffic control only and the applicant is required to pay any cost associated with this officer(s). In the event the temporary campsites become full, the applicant shall temporarily close the parking area to entering vehicles.

12. 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 Zoning 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 opening of the campsites.

13. The applicant shall provide an adequate number of solid waste containers placed in

strategic locations on the site. These solid waste containers 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 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.

14. The plan must show that the existing substandard west driveway on State Road 44

will be gated and locked at all times while the temporary campsite is open.

15. All driveway connections on State Road 44 and County Road 415 must meet commercial driveway standards. Each driveway shall be paved to be 24 feet wide (minimum), have 30-foot radii, have a thermoplastic 24-inch white stop bar, a thermoplastic 6-inch double yellow centerline (25-foot minimum), and a 36-inch Stop sign (R1-1). On County Road 415, the north and middle existing driveways must be improved and the southern driveway closest to State Road 44 must be eliminated.

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16. The applicant must provide engineering demonstrating that RVs can use the directional left turn median access on State Road 44, just west of County Road 415, without blocking traffic during U-turns.

17. The applicant shall submit an application to the county requesting vacation of the

portion of Indian Springs (MB 5, PG 12) plat underlying the property, within one year of special exception rendition.

18. Violation of any of these conditions may result in automatic revocation by the Zoning

Enforcement Official. Upon revocation, the temporary campsites area shall not be resumed without approval of another special exception application process through public hearings.

VI. ATTACHMENTS

• Special exception site plan • Written explanation • Reviewer comments • Maps

VII. AUTHORITY AND PROCEDURE Pursuant to section 72-415 of the zoning ordinance, as amended, 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 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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From: Corey Brown <corey@storchharrislaw.com>To: <jstockham@volusia.org>, "glenn@storchlawfirm.com" <glenn@storchlawfirm....Date: 11/28/2012 4:11 PMSubject: Case S-12-047Attachments: Attachments for Campsite Exception.pdf

Mr. Stockham,

I have answers to your questions about the Special Exception for a temporary campsite. First, I have attached a letter from Glenn stating that the campsites across SR 415 will not be renewed. Second, conference stations with water, sinks, and toilets will be provided at sites identified as "toilet" on the site plan (toilet is spelled correctly on the attached site plan). The campsite will be restricted to RV campers, who have their own showers; therefore, shower facilities will not be provided. Third, there will be no further clearing on the site. All trees remaining on the site will remain, as this is a temporary campsite/pasture land. Fourth, we will not be petitioning to vacate the plat at this time and will continue to operate as in the past. Fifth, the flea market is no longer in operation and thus will not affect the campsite. Finally, the main driveway apron to the campsite was completed, inspected and approved. This driveway will be the only access to the temporary campsite. If you have any additional questions, please let us know. Thank you.

Corey BrownStorch and Harris, LLC386-238-8383

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