growth and resource management ......owner: land enterprises, inc. staff: scott ashley, aicp, senior...

GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, FL 32720 (386) 736-5959 PUBLIC HEARING: August 8, 2017 - Planning and Land Development Regulation

Commission (PLDRC) CASE NO: S-17-043 SUBJECT: Special exception for a nonexempt excavation on the Rural

Agriculture (A-2) portion of a Prime Agriculture (A-1) and A-2 zoned property.

LOCATION: 770 U.S. Highway 1, Oak Hill APPLICANT: Glenn Storch, P.A. OWNER: Land Enterprises, Inc. STAFF: Scott Ashley, AICP, Senior Zoning Manager I. SUMMARY OF REQUEST The applicant is requesting to renew a special exception for a nonexempt excavation on the subject 123.24-acre parcel, located on the north side of U.S. Highway 1, and the east and west sides of the Florida East Coast (FEC) railway, which was previously approved under special exception application S-91-066. The proposed excavation pit encompasses approximately 78.32 acres within an 85.42-acre project area located east of the FEC railroad tracks, according to the applicant’s plan. Staff Recommendation: Forward the special exception, case number S-17-043, to the county council for final action with a recommendation of approval, subject to staff recommended conditions.

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II. SITE INFORMATION

1. Location: North side of U.S. Highway 1 at its intersection with Fullerton

Grove Road, Oak Hill 2. Parcel No(s): 9537-02-00-1140 and 9537-02-00-1200 3. Property Size: ±123.24 acres, with a proposed excavation project area of

±85.42 acres. 4. Council District: 3 5. Zoning: Prime Agriculture (A-1) and Rural Agriculture (A-2)

(Excavation is limited to the A-2 zoned area) 6. Future Land Use: Agriculture Resource (AR) and Rural (R) 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Maps:

ZONING MAP LAND USE MAP

DIRECTION ZONING FUTURE LAND USE

CURRENT USE

North: A-2 and A-4 Rural Undeveloped woodland

East: A-2 Rural Undeveloped woodland

South: A-3W and RCW

Rural Single-Family Dwellings

West: A-1, west of FEC RR, and A-2 and A-3

Agriculture Resource and Rural

Aquaculture use, communication tower, and undeveloped

woodland

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III. BACKGROUND AND PREVIOUS ACTIONS The request property is comprised of two parcels in an area of agricultural and low density residential land uses. The zoning pattern within the area is dominated by agricultural classifications (A-1, A-2, A-3 and A-4), as well as areas zoned Resource Corridor (RC). Land uses in the vicinity consists primarily of undeveloped woodlands. Single-family residences are scattered along U.S. Highway 1 at various locations. The Merritt Island National Wildlife Refuge is situated farther to the south and is zoned with the Conservation Classification. The applicant is requesting a new special exception to resume excavation activities initiated

under two previous special exception cases. In 1989, the current owner purchased the subject property that had received an initial two-year special exception approval in 1988, for an excavation on 114 acres under case S-88-065. Then in 1991, the current owner was granted a new special exception (S-91-066) to continue excavating the property for a period not to exceed ten years. This last approval expired in 2002. The 1991 special exception consisted of 61.8 acres of a 114-acres total site area, as shown on the special exception plan to the left. This original plan provided a 200-foot setback from perimeter property lines and a 150-foot setback from an onsite wetland area. Based on soil conditions and a high water table, the

excavation would create a large lake. The FEMA Flood Insurance Rate Maps indicate that most of the subject site is located within a 100-year flood prone area, except for a narrow strip along Fullerton Grove Road. The current project area situated east of the FEC railroad is 85.4 acres, which includes natural landscape buffers and a proposed 78.32-acre pit area. In comparison to the above 1991 plan, the Google Earth exhibit to the right indicates that the original extent of the excavation was not fully realized. A large area in the center of the pit area, and other areas, was not excavated. However, a previous excavator did dig beyond the limits of the previously approved pit area.

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IV. REVIEW CRITERIA AND ANALYSIS NONEXEMPT EXCAVATION USE AND CODE REQUIREMENTS: Section 72-293(15) b of the zoning code contains a list of technical requirements and conditions that an applicant must meet to find this special exception in compliance with the ordinance. These requirements address such items as setbacks, landscape buffers, slopes, hours of operation, fencing, as well as technical requirements of the excavation. The outer boundary of the excavation pit has been set by previous site work. Thus, this requested renewal will remove remaining upland areas within the pit area that separates the various sized lakes to form one large water body. The current and proposed pit boundary will not provide the setback of 150 feet required from all property lines nor from the onsite wetland. The existing excavated pit area encroaches into the special exception setback and landscape buffer standards of the zoning code, and those labeled on the 1991 special exception. The applicant proposes excavation operating hours from 6:00 a.m. to 8:00 p.m., Monday through Sunday. Staff suggests re-establishing the prior work schedule of the 1991 special exception (S-91-066), which limited the hours of operation of trucks and machinery associated with the excavation to 7:00 a.m. to 7:00 p.m., Monday through Saturday, and no operation permitted on Sundays. A stabilized haul route exists on the south end of the excavation area that connects and aligns with a highway median opening onto U.S. Highway 1. As presented, there will be no vehicular connection to adjacent Fullerton Grove Road, which is a county maintained local dirt road. The method of excavation will be use of a dragline. Depth of the pit is proposed to go from an existing grade elevation of approximately 6.0 to a bottom elevation of -25 feet, for a depth of 31 feet. As depicted on the excavation plans, pit side slopes will be ten feet horizontal to one-foot vertical to the season low water depth of elevation 2.0 to provide a 30-foot wide shoreline littoral zone. According to the applicant’s documents, reclamation and closure activities shall commence

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within six months of the excavation completion immediately following completion of each approved phase of the borrow pit. The finished slopes will be dressed to a slope of 10:1 and planted with appropriate shoreline plants to stabilize the slopes for erosion and sediment control. The project engineer has estimated the time required to complete this requested excavation would be ten years. REQUIRED WAIVERS: The former special exception expired in the 2002, however, the site was not excavated in accordance with the required setbacks and buffers labeled on the approved special exception plan and the final site plan. The applicant is not proposing corrective measures for these encroachments with the new application. Instead, they plan to maintain the current extent of the pit top of bank. Therefore, in conjunction with this application, it is necessary that the following waivers to Section 72-293(15) be addressed: 72-293(15)b.1.iv. A, C and D: requires the top of the bank of an excavation shall be set back the a minimum distance of 150 feet from any right-of-way of any public street, road or highway; any other abutting property; and any natural or manmade surface water body, watercourse or wetland. To maintain the current reduced setback requirements, the applicant needs a partial setback waiver along the northwesterly, northeasterly and easterly property lines of the subject 85.42-acre project site, which are adjacent to the FEC railroad and Fullerton Grove Road. In addition, a setback waiver is necessary from the onsite wetland in the southwestern and eastern portions of the subject property. As indicated on the site plan, no construction and/or excavation activities are to take place within the wooded wetland area. As the plan exhibit shows, most of the current setback encroachment is adjacent to a 100-foot wide railroad right-of-way, and mostly woodland area adjacent to Fullerton Grave Road. Therefore, no neighbors would be impact by the reduced setbacks. To meet the required setback in these areas will take filling large amounts of the existing onsite water bodies. In addition, the county land development code would dictate a minimum 25-foot upland buffer adjoining the wetland areas located in the project area. Staff can support a setback reduction from 150 feet to 50 feet in only the two specific areas described above and shown on the proposed special exception plan, and a minimum 25-foot upland buffer from the internal wetland. Per the special exception plan, the owner intends to restore some of the impacted property to maintain a 50-foot setback along the FEC railway. 72-293(15)b.1.v.: Perimeter landscape buffers shall be established prior to initiation of the excavating activity and shall meet the requirements of subsection 72-284(2)a., "Landscape Buffer Table". The applicable buffer table provision requires a 50-foot buffer adjacent to all

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boundaries. Portions of the excavated area encroach into the perimeter landscape buffers adjacent to the FEC railway. To comply with the minimum 50-foot landscape buffer should be easier for the owner, or a successor, to achieve and correct past actions. Staff would not support a waiver to the landscape buffer provision to maintain the current encroachment. On the special exception plan, the owner intends to restore and maintain a minimum 50-foot landscape buffer along the perimeter of the excavation project area. SPECIAL EXCEPTION 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. A nonexempt excavation is allowed in the A-2 zoning classification as a permitted special exception, subject to meeting the specific requirements of section 72-293(15) b. Excavation and reclamation plans have been submitted and the project proposes to meet all the technical requirements and conditions. This request is to reinstate a use previously approved and operated on the subject property. The property provides the minimal required separation from abutting properties to the east, south and west. Most code requirements will be met. This application has included plans, drawings, project information, data, and the required reports for staff review/analysis and is consistent with the purpose and intent of this article. (b) It is inconsistent with any element of the comprehensive plan. The future land use designation of the property is Rural. Per Future Land Use Element, rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas. There is little development in the adjoining Rural designated area. The comprehensive plan contains the following policies relating to the requested special exception: 1.2.2.3 Land reclamation measures and sound conservation practices shall be

required on lands used for the excavation of natural resources and used as disposal sites. A reclamation plan shall be submitted as part of the required application for an excavation or disposal permit. The plan shall also indicate how the site will be used after completion of the excavation/disposal, including a time line for such reuse.

1.2.2.4 Extraction of natural resources and disposal activities shall be permitted only

where compatible with existing and proposed land uses, as determined in the Land Development Regulations.

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1.2.3.1 An environmental buffer shall be utilized to protect the functional abilities of the shores of lakes, rivers, streams, and upland extent of wetlands. The landward extent of the buffer will be determined by the location of the shoreline or wetland as described in the Conservation Element.

12.4.1.3 Proposed mineral extraction activities shall continue to minimize impacts to

environmentally sensitive lands and critical habitats. In cases where adverse alteration of such lands is unavoidable, appropriate mitigation shall be required.

(c) It will adversely affect the public interest. The borrow pit could have a negative impact on the surrounding neighborhoods and environment with the heavy equipment activity through the digging process and transportation of soil off-site. The proposed operating hours are from 6:00 a.m. to 8:00 p.m., Monday through Sunday. However, staff recommends continuing the previously approved schedule of 7:00 a.m. to 7:00 p.m., Monday through Saturday, and no operation permitted on Sundays to protect current and future adjacent neighbors. Portions of a 50-foot natural vegetation landscape buffer exists along the project boundaries that will be preserved and can provide a barrier to the noise emitting from the excavation activity. In addition, the local road network will not be impacted by the haulage trucks. The excavated shell and sand material will be transported directly to a four-lane divided highway maintained by the State of Florida. Staff believes the application can meet this criterion with staff recommended conditions.

(d) It does not meet the expressed requirements of the applicable special exception.

Section 72-293(15)b governs the requirements for a special exception for a nonexempt excavation. The special exception requirements include detailed plans, drawings and information that focuses on specific issues typically evaluated during the engineering review of the site plan for permitting purposes. For purposes of this special exception, the labeled 2015 Aerial Exhibit prepared by Mark Dowst and Associates, dated 04-04-17, as well as the project description, operation and reclamation plans, submitted by the applicant, meet these requirements, except for the required waivers referenced in this report. (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 is obligated to meet the requirements of the special exception as well as the permitting requirements by any applicable federal, state, and local agencies. (f) Notwithstanding the provisions of division 14 of the Land Development Code [article III], it will generate undue traffic congestion.

The special exception for the nonexempt excavation allows for the transportation of fill materials off-site via an adjoining four-lane state highway. This application should not create traffic capacity or safety issues on the state road.

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(g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. A potential public nuisance that may be generated by the excavation operation is noise impacts, if not properly mitigated. The noise generated from this site will be from heavy equipment used in the digging operation and trucks being loaded with fill material. Staff recommends that these activities to be limited to the business hours of case S-91-066, which was Monday through Saturday from 7:00 a.m. to 7:00 p.m., and closed on Sunday to mitigate any potential noise nuisance. (h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings.

An excavation operated on the property from 1988 to approximately 2002, and there were no formal complaints about the use during that time. Renewal of the requested use should not adversely impact the value of surrounding land, structures or buildings due to the limited area development. (i) It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution.

Pursuant to the special exception plan, the boundary limits of the excavation has already been established. This new application will enable the owner to mostly excavate property area previously approved to be impacted by a 1991 special exception. Therefore, there will no further expansion of the excavation. V. STAFF RECOMMENDATION Forward the special exception application, case S-17-043, to the county council for final action with a recommendation of approval, subject to staff conditions: 1. Consistency with Concept Plan. Special exception approval is limited to the site

improvements as permitted by this special exception and as shown on the site plan submitted with this application and prepared by Mark Dowst and Associates with a date of April 4, 2017, as may be modified by the conditions herein.

2. Site Plan Approval. The applicant shall not begin the excavation until after final site plan review and approval by the County Development Review Committee (DRC) and issuance of a Development Order/Excavation Permit issued by the Growth and Resource Management Department. Development and use of the subject site shall be in substantial compliance with the submitted conceptual plan and written documents as may be modified by the DRC. The applicant shall comply with the requirements of Section 72-293(15) of the Zoning Ordinance.

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3. Completion in Ten (10) Years. The special exception shall be granted for a ten (10)-year time period, including reclamation activities, subject to compliance with the approved DRC Development Order/Excavation Permit.

4. Business Hours. The hours of operation of trucks and machinery associated with

the excavation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operation shall be permitted on Sundays.

5. Obtain All Permits. All appropriate permits from local, state and federal regulatory

agencies shall be obtained by the applicant as required prior to issuance of a Development Order/Excavation Permit by the Growth and Resource Management Department. Copies of required State and Federal Permits or statements from appropriate agencies to indicate that permits are not required shall be provided during the DRC review process. The applicant shall comply with any applicable local, state or federal rules and regulations of other concerned governmental agencies.

6. Reclamation Bond. The applicant shall post an acceptable performance bond,

irrevocable letter of credit, or funds in escrow in the amount up to 100 percent of the estimated reconditioning costs, as estimated by the Public Works Department for reclamation payable to the County of Volusia in an amount approved by Volusia County Environmental Management Services, in a format approved by the County Legal Department prior to permit issuance. If the applicant has not completed the excavation in the ten years granted by the special exception, the county may redeem the acceptable performance bond, irrevocable letter of credit, or funds in escrow and utilize the funds to perform any remedial work necessary to complete the terms and conditions of the reclamation, as required by the county in the special exception, and to be required by the county in the final site plan approval process.

7. Annual Progress Reports. The applicant shall submit an engineer’s certification and

progress report to the Planning and Development Services Division on an annual basis outlining that the excavation is proceeding in accordance with the terms of the excavation permit and/or DRC requirements and/or conditions.

8. Fill Restriction Covenant. The developer shall record a covenant stating that the excavation pit shall only be filled with water and shall not be filled with construction and demolition debris or other waste material.

9. Traffic Study. A traffic study, signed and sealed by a registered traffic engineer,

shall be required to be submitted prior to site plan approval. The methodology shall be coordinated with Volusia County Traffic Engineering.

10. Monitoring Wells. A formal recommendation of the necessity to install monitoring wells shall be submitted in conjunction with the DRC review of the project. This information is needed to determine if a groundwater monitoring system is warranted and to assure no long range effects on the water table will take place within a few hundred feet of the excavation.

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11. Setback Waiver. Approve a partial waiver to section 72-293(15)b.1.iv. A, C and D.:

to allow the top of the bank of the excavation to set back a minimum distance of 50 feet along the northwesterly, northeasterly and easterly property lines of the subject 85.42-acre project site, which are adjacent to the FEC railway and Fullerton Grove Road, as shown on the special exception plan. The remaining property perimeters shall provide the standard setback of 150 feet. In addition, a waiver for 25-foot setback from the onsite wetlands located on the subject property.

12. Landscape Buffer Waiver. Deny a waiver to section 72-293(15)b.1.v., and require owner, and successors, comply with the code required 50-foot landscape buffer.

13. No Other Variances. No other variances shall be accepted.

VI. ATTACHMENTS

Application Package Special Exception Plans Previous Special Exception Plan Staff comments Map Exhibits

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.

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Current Planning ReceivedMay 26, 2017

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REC

EIVED B

Y E-MA

IL

C

urrent Planning

Date _______________

08/01/17YS

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Current Planning ReceivedMay 26, 2017 of 25

Inter-Office Memorandum

TO: Scott Ashley, Senior Zoning Manager DATE: June 5, 2017 FROM: Keith Abrahamson, Environmental Specialist III SUBJECT: Planning & Land Development Regulation Commission meeting for Date: August 8, 2017 Parcel #: 9537-02-00-1140 Case #: S-17-043 Environmental Permitting (EP) has reviewed the application and conducted a site visit in regards to this special exception request. There are wetlands on portions of this property. These wetlands have a 25 foot upland buffer. Any alteration to the wetland or its associated buffer will require a Wetland Alteration Permit. EP has no objection to this request. However, the project must comply with all of the environmental regulations of the Land Development Code.

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BORROW PIT

TURNBULL CREEK

US HWY 1 S

OAK HILL

FEC

RR

US HWY 1 S

KENNEDY PKWY

FULL

ERTO

N G

RO

VE R

D

SHILOH RD

OHANA RD

HIDD

EN OAK SRD

SHILOH RD E

WATSON STANLEY RD

SPECIAL EXCEPTIONCASE NUMBER

S-17-043IREQUEST AREA LOCATION 1 " = 1000'

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FEC

RR

SHILOH

POINT

WATSO

NSTAN

LEYRD

SHILOH RD E

SHILOH RD

OH

ANA R

D

US HW

Y 1 S

FEC

RR

HIDDEN

OAKS RD

FULLERTONGROVE RD

US H

WY 1 S

US HWY 1 S

PUTNAMGROVE RD W

KENNEDY

PKWY

FEC

RR

SPECIAL EXCEPTIONAERIAL 2015CASE NUMBER

S-17-043

1"= 1000'

IREQUEST AREA

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BORROW PIT

TURNBULL CREEK

TURNBULL CREEK

FEC

RR

US HWY 1 S

KENNEDY PKWY

FULLERTON GROVE RD

OHANA RD

HIDDE NO

AKS

RD

CW

A-1

A-2

RCRCW

A-4

MH-4

A-2W

A-3W

BPUDW

BPUD

MH-4W

SPECIAL EXECPTIONCASE NUMBER

S-17-043I

1"= 1000'ZONING CLASSIFICATION

REQUEST AREA

COMMERCIAL

INCORPORATED

AGRICULTURAL

CONSERVATION

MOBILE HOME

RESOURCE CORRIDOR

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C

RAR

INC

ESC

FEC

RR

US HWY 1 S

KENNEDY PKWY

PUTNAM GROVE RD W

FULL

ERTO

N G

RO

VE R

D

SHILOH RD

OHANA RD

HIDDE

NOAK

SRD

SHILOH RD E

SPECIAL EXCEPTIONFUTURE LAND USECASE NUMBER

S-17-043

1"= 1000'

REQUEST AREA

I

ESC

C

AGRICULTURE RESOURCE

CONSERVATION

ENVIRONMENTAL SYSTEMS CORRIDOR

INCORPORATED

RURAL

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BORROW PIT

TURNBULL CREEK

TURNBULL CREEK

FEC

RR

US H

WY 1 S

KENN

EDY PKW

YPUTNAM GROVE RD W

FULL

ER

TON

GR

OV

E R

D

SHILOH RD

OH

ANA R

D

HID

DEN OAK

SR

D

SHILOH RD E

SPECIAL EXCEPTIONCASE NUMBER

S-17-043

1"= 1000'ECO/NRMANRMAECO REQUEST AREA

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growth and resource management ......owner: land enterprises, inc. staff: scott ashley, aicp, senior...

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