S-10-002

TO:
Chairman and Members
Planning & Land Development
Regulation Commission
FROM:
Christian Nagle, AICP
Planner II
SUBJECT:
Special Exception Case S-10-002 Application of Ronald Luznar, Owner
DATE:
PLDRC HEARING:
January 29, 2010
February 9, 2010
REQUEST:
Special Exception for a temporary campsite for 3 days before, during, and 3
days after any regularly scheduled racing event at the Daytona International
Speedway for Speedweeks, Bikeweek, the Pepsi 400 (Coke Zero) and
Biketoberfest for an additional five years, beginning Speedweeks 2010
through the close of Biketoberfest 2014 on A-1 (Prime Agriculture) zoned
property.
LOCATION:
The property is located at the southeast corner of Tomoka Farms Road
and Pioneer Trail.
PARCEL SIZE:
± 4.8 acres
SUMMARY:
This request is for a maximum of 150 temporary campsites, for tents, tent
campers, truck campers pickup covers, travel trailers, and fifth wheel trailers.
This request is very similar to a previous special exception (S-07-017) for the
same property and property owner, which was granted on April 19, 2007, by
the County Council, for a two-year time period, which allowed a maximum of
150 temporary campsites (tents) in conjunction with annually scheduled
racing events at the Daytona International Speedway of Bikeweek and
Biketoberfest.
STAFF
RECOMMENDATION:
Staff recommends approval with the conditions as stated in the staff report.
Because the existing driveway on Pioneer Trail cannot accommodate large
vehicles, campsite use should be limited to tents and standard passenger
vehicles (i.e. cars, and pickup trucks without trailers), unless on-site traffic
circulation is reversed (with ingress from County Road (CR) 415 and egress
on Pioneer Trail) and vehicles (including trailers) are limited to a maximum
length of 30 feet. This request with appropriate conditions is not inconsistent
with the purpose and intent of the Zoning Ordinance or any element of the
Comprehensive Plan. The Special Exception with appropriate conditions
should not create a public hazard or public nuisance or adversely affect the
character of the immediate area. The recommended conditions will help
protect the public interest.
ATTACHMENTS:
1. Staff Report
2. Request, Survey and Site Plan
3. Staff Comments and Email Responses
4. Maps
TO:
Chairman and Members
Planning & Land Development
Regulation Commission
DATE:
FROM:
Christian Nagle, AICP
Planner II
CASE NO:
SUBJECT:
February 9, 2010 PLDRC public hearing regarding a Special Exception
for temporary camp sites for three days before, during and three days
after any regularly scheduled racing event at the Daytona Beach
International Speedway for Speedweeks, Bikeweek, the Pepsi 400
(Coke Zero), and Biketoberfest on A-1 (Prime Agriculture) zoned
property.
Applicant(s): Ronald Luznar, owner
I.
January 29, 2010
S-10-002
BACKGROUND
The applicant is requesting the subject special exception to allow temporary campsite
on his property during the scheduled racing events for Speedweeks, Bikeweek, the
Pepsi 400 (Coke Zero) and Biketoberfest for an additional five-year period. The
proposed use would be active beginning Speedweeks 2010 through the close of
Biketoberfest 2014. This request is for a maximum of 150 temporary campsites, for
tents, tent campers, truck campers, pickup covers, travel trailers, and fifth wheel
trailers (defined by the Zoning Ordinance as Mobile recreational shelters and vehicles
types (1), (2), (3), (5) and (7)) . The applicant stated that no vendors, food or
beverage concessions, or special events would occur on the subject property while
the campsite is in operation.
This request is very similar to a previous special exception (S-07-017) for the same
property and property owner, which was granted on April 19, 2007, by the County
Council, for a two-year time period, which allowed a maximum of 150 temporary
campsites (tents) in conjunction with annually scheduled racing events at the
Daytona International Speedway of Bikeweek and Biketoberfest.
II.
SITE INFORMATION
1. Location:
The property is located at the southeast corner of
Tomoka Farms Road and Pioneer Trail. The
property is across from the Cabbage Patch in the
community of Samsula and west of the City of New
Smyrna Beach.
2. Tax Parcel Number(s): 7211-00-00-0050
3. Property Size:
±4.8 acres, per property survey.
4. County Council District: 3
Page 1 of 8
5. ECO Map:
6. NRMA review:
No
No
LOCATION MAP
AERIAL MAP
7. Zoning Land Use Designations
DIRECTION
ZONING
FUTURE
LAND USE
Agricultural
Resource
CURRENT
USE
Temporary
campsite with
drive aisle &
wooded area
Pioneer Trail
then
Sopotnick’s
Tavern/
Cabbage
Patch &
pasture
Subject
Property
A-1
North:
BPUD &
A-1
Agricultural
Resource
East:
A-1
Agricultural
Resource
A singlefamily
dwelling &
pasture.
South:
A-1
Vacant land
West:
A-2
Agricultural
Resource
Rural
Tomoka
Farms Road
then vacant
land.
III. REVIEW CRITERIA AND ANALYSIS
The subject property is situated at the intersection of Pioneer Trail and Tomoka Farms
Road within the Samsula community. The primary development pattern of the surrounding
Page 2 of 8
area consists of single-family dwellings on large lots and vacant, wooded property. The
parcel directly north of the subject site across Pioneer Trail is owned by the applicant and is
developed with a bar/residence known as Sopotnick’s/Cabbage Patch. To the northeast
abutting the Cabbage Patch site, is another parcel, which is a cleared pasture area that is
an approved temporary campsite known as the “Lot Next Door”. Another approved
temporary campsite, “Cackleberry”, utilizes the property to the northwest across the
intersection of Tomoka Farms Road and Pioneer Trail. The proposed temporary campsite
is located directly south (across Pioneer Trail) from Sopotnick’s/Cabbage Patch where
outdoor events occur, especially during Bike Week and Biketoberfest.
Section 72-293 Special Exceptions of the Zoning Ordinance has no specific
provisions for this request. However, the permitted special exception use is required
to address certain items, such as on-site utilities, security, and waste disposal.
These items and others have evolved over the years into a list of standard conditions
incorporated into the staff recommendations of temporary campsites use applications
that each applicant must meet.
Site Plan – The applicant’s special exception
site plan depicts:
• An internal one-way looped unpaved
access road with a paved site entrance
driveway on Pioneer Trail and a paved exit
driveway on Tomoka Farms Road.
• Camping areas along the internal access
road.
• A temporary fence designed to protect a
small wetland near the south property line.
The fence is situated between the
southern edge of the access road and the
south property line.
According to past zoning records, the subject property has been used for temporary
campsites since 1968. However, it has only been since 1991 that special exception
approval was required to legally operate the temporary campsites on the property.
Per the previous 2007 case conditions, there are a maximum of 150 campsites. With
appropriate special exception conditions, the campsites, portable toilets, hand wash
sinks, and potable water facilities will comply with Health Department requirements.
Fire protection will be provided per applicable fire safety requirements. The applicant
will provide campsite security and coordinate security plans with staff. Adequate
solid waste containers are required to be maintained on the property.
Comments from Other Offices: Traffic Engineering has recommended limiting
campsite use to tents and standard passenger vehicles (i.e. cars, and pickup trucks
without trailers), unless on-site traffic circulation is reversed (with ingress from
County Road (CR) 415 and egress on Pioneer Trail) and vehicles (including trailers)
are limited to a maximum length of 30 feet. Environmental Management staff
comments reflect that the property has wetlands and that a 25-foot buffer must be
Page 3 of 8
maintained so that the wetlands are undisturbed and that if any trees are removed
from the site that a tree permit will be required. The Volusia County Health
Department states that the camp site would need to have the existing limited use
water supply well to be approved by them prior to the camp site opening.
Comments from Building and Zoning fire plan review, Code Compliance, and the
Volusia County Sheriff’s office were requested and will be provided when received.
Per Section 72-415(8) of the Zoning Ordinance there are nine reasons the
Commission may recommend denial and County Council may deny any special
exception application as follows:
(1) It is inconsistent with the purpose or intent of this ordinance.
With appropriate conditions, the proposed temporary campsite is consistent with the
purpose and intent of the Zoning Ordinance. Enforcement of the recommended
special exception conditions helps to protect public health, safety, welfare, and to
maintain essential government services to the property.
(2) It is inconsistent with any element of the Comprehensive Plan.
With protection of the small wetland on the property, the requested special exception
is not inconsistent with any element of the Comprehensive Plan.
(3) It will adversely affect the public interest.
With imposition of appropriate special exception conditions, the operation of the
temporary campsites for seasonal events should not adversely affect the public
interest.
(4) It does not meet the expressed requirements of the applicable special
exception.
The property owner successfully operated a temporary campsite on the property,
subject to compliance with the conditions of special exception case S-07-017. Staff
recommends imposition of appropriate special exception conditions, if this request is
approved.
(5) The applicant will not be able to meet all requirements imposed by federal,
state, or local governments, or by the county council.
Based on experience, staff anticipates that the property owner should be able to
meet applicable special exception requirements, if this special exception application
is approved.
(6) Notwithstanding the provisions of article XIV of the land development code
[appendix A], it will generate undue traffic congestion.
Page 4 of 8
The applicant is requesting 150 temporary campsites to be used by tents, tent
campers, truck campers, pickup covers, travel trailers, and fifth wheel trailers.
However, the existing site driveway on Pioneer Trail is constrained and does not
have adequate width and/or turning radius for RV vehicles and that only standard
passenger vehicles (i.e. car, and pick-up trucks without trailer) can safely enter the
Pioneer Trail, per enclosed comments from Melissa Booker, Transportation Planner.
Therefore, staff recommends that this special exception be limited to campsite use to
tents and standard passenger vehicles (i.e. cars, and pickup trucks without trailers),
unless on-site traffic circulation is reversed (with ingress from County Road (CR) 415
and egress on Pioneer Trail) and vehicles (including trailers) are limited to a
maximum length of 30 feet.
(7) It will create a hazard or a public nuisance, or be dangerous to individuals or
to the public.
With appropriate conditions and based on experience, the proposed campsite is
unlikely to create a public nuisance or be dangerous to individuals or to the public.
(8) It will materially alter the character of surrounding neighborhoods or
adversely affect the value of surrounding land, structures, or buildings.
The subject property has been used for temporary campsites for several years. The
requested temporary campsite use occurs in an area used for other seasonal
motorcycle related events. The requested temporary campsite, as described in this
application is unlikely to adversely impact the character of the immediate area.
(9)
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 will help to protect the environment and prevent excessive pollution.
IV. STAFF RECOMMENDATION
Staff recommends approval of this request for a special exception for temporary
campsites for 3 days before, during, and 3 days after any regularly scheduled racing
event at the Daytona International Speedway for Speedweeks, Bikeweek, the Pepsi
400 (Coke Zero), and Biketoberfest on A-1 (Prime Agriculture) zoned property
because staff finds the requested use of the subject property as a temporary
campsite complies with the criteria for approval with the following recommended
condition(s):
1. The temporary campsite shall be limited to the areas as depicted on the enclosed
site plan. The temporary campsite will only be open for operation 3 days before,
during, and 3 days after any regularly scheduled racing event at the Daytona
Beach International Speedway for Speedweeks, Biketoberfest, the Pepsi 400
(Coke Zero), and Bike Week for five years, from the beginning of Speedweeks
2010 through the close of Biketoberfest 2014.
Page 5 of 8
2. The maximum number of campsites that may be allowed on the site shall not
exceed 150. The size of the individual campsites and the number of portable
toilets, potable water, shower facilities, and number and location of trash
containers shall be in accordance with Volusia County Health Department
requirements. Trash containers shall be emptied and cleaned on as needed
basis. The campsite shall be maintained to be completely clear of liter and other
refuse, after each day of operation.
3. Vendors or itinerant merchants shall be prohibited from operating on the subject
property. In addition, no special event(s) or contest(s) shall take place at the
camp site.
4. The property owner or authorized agent shall create and submit written copies of
provisions that address these conditions of approval, directly to the Volusia
County Health Department, Fire Services, Sheriff's Office, Traffic Engineering,
and the Growth and Resource Management Department for review and approval.
The provisions including a site plan and signed contracts for portable toilets and
garbage containers servicing, shall be submitted to the Building and Zoning
Division a minimum of 4 days prior to the opening of the campsite for the
Bikeweek 2010 event and 30 days for any other subsequent regularly scheduled
racing event. The property owner or authorized agent shall coordinate with these
departments on an individual basis.
5. A security plan shall be developed and submitted directly to the Sheriff's Office for
review and approval. This plan shall include, but not be limited to, the following: a
copy of the agreement with the security company; names and phone numbers of
security personnel; location of security station with phones; estimated number of
patrons to be served during peak days; estimated number of vehicles entering
and exiting site of campground; traffic control plan (i.e., entering, exiting property);
parking coordination; use of alcoholic beverages; handling and security of cash
receipts; personal plan for handling situations that demand immediate response
from law enforcement; number of armed private security officers at campsite;
number of unarmed private security officers at campground; assignments of
private security officers; and number of off-duty law enforcement officers
scheduled for campsite. A security plan must be submitted to the Sheriff’s office
at least of 4 days prior to the opening of the campsite for the Bikeweek 2010
event and 30 days prior to other subsequent opening(s) of the campsite for each
other regularly scheduled racing events.
6. The Volusia County Sheriff's Office, Finance, Fire Services, Traffic Engineering,
and Growth and Resource Management Departments, 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 campsite, including common areas within the
temporary camp site, 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.
Page 6 of 8
7. The property owner or authorized agent shall provide fire protection services for
the temporary campsite and demonstrate compliance with the requirements of the
Florida Fire Prevention Code and the relevant chapters of the Volusia County
Code regarding fire protection including, but not limited to stabilized access drives
for emergency vehicles and apparatus to all areas and sites, and other as needed
provisions for fire suppression, including fire extinguishers and equipment.
8. All recreational vehicle units with self-contained holding tanks for wastewater shall
have sewer waste line caps which shall be secured 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. Adequate portable toilets, portable showers, 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 prior to the opening of the campsite.
10. The temporary campsite shall comply with all the provisions of the Florida
Administrative Code Chapter 64E-15 and Volusia County Health Department
temporary campground guidelines. Provisions for potable water are subject to
approval by the Volusia County Health Department.
11. The property owner must obtain final approval from the Growth and Resource
Management Department before opening of the campsite for any regularly
scheduled racing event. The property owner is responsible for and must collect
all appropriate tourist development tax and sales tax, as required by County
Ordinance and State Statute.
12. Adequate off-street parking and loading areas shall be provided on the property,
by the property owner to accommodate campground visitors, employees, and
guests. No vehicles shall park or stand within the right-of-way of any public
street. Campsite use is limited to tents and standard passenger vehicles (i.e.
cars, and pickup trucks without trailers), unless on-site traffic circulation is
reversed (with ingress from County Road (CR) 415 and egress on Pioneer Trail)
and vehicles (including trailers) are limited to a maximum length of 30 feet.
13. The property owner shall provide adequate traffic control as determined by the
Sheriff’s Department, including, but not limited to, off-duty uniformed officer(s)
(police/sheriff/highway patrol) stationed during weekends, special events, and
peak traffic hours along Pioneer Trail, and/or Tomoka Farms Road in front of the
entrance and exit. The uniformed officer(s) are for traffic control only and the
applicant is required to pay any cost associated with these officer(s). The
applicant shall prohibit ingress if the campsite becomes full or if congestion
problems develop on Pioneer Trail and/or Tomoka Farms Road.
14. All on-site wetlands shall be protected during campsite operation by the
installation of orange safety barrier fencing, around the wetland boundary as
determined by Growth and Resource Management staff, consistent with the
Page 7 of 8
enclosed comments. The property owner shall also obtain a County tree
removal permit for tree(s) to be removed from the property.
15. Violation of any of these conditions may result in automatic revocation of the
Special Exception by the Zoning Enforcement Official. Upon revocation, the
temporary campground shall not be resumed without approval of another Special
Exception application by the County Council.
V. AUTHORITY AND PROCEDURE
Pursuant to section 72-415 Special Exceptions County Code of Ordinances 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.
Page 8 of 8
Inter-Office
Memorandum
TO:
Christian Nagle, Planner II
DATE: January 26, 2010
FROM:
Tara Boujoulian, Environmental Permitting Manager
SUBJECT:
Planning & Land Development Regulation Commission meeting for
Date:
February 9, 2010
Parcel #:
7211-00-00-0050
Case #:
S-10-002 Ronald Luznar, Owner
Environmental Permitting (EP) staff has reviewed this application for a special exception on site.
The parcel is wooded and contains wetlands, which require minimum twenty-five (25) foot
upland buffers.
Since the Volusia County Wetland Ordinance requires avoidance of wetlands and buffers to the
greatest extent possible, and generally does not permit avoidable impacts, EP staff does not
object to a special exception for temporary camp sites on the property if the wetlands and
associated buffers are protected and left undisturbed. In addition, if any tree removals are
proposed, a tree removal permit would be required prior to removal on site. The applicant is
encouraged to contact EP if there are any questions.
January 25, 2010
Palmer Panton, Land Development Manager
Volusia County Land Development
123 W. Indiana Avenue
DeLand, Florida 32720
Re: Luznar #S-10-002
Dear Mr. Panton,
In reference to the above-captioned project, the FDOH Volusia County Health
Department Environmental Health Section offers the following comments:
This project consists of a request for a special exception to the zoning ordinance of
Volusia County to allow a 150-camper temporary campground on a 4.84-acre parcel of
land located at 525 N. Tomoka Farms Road, New Smyrna Beach vicinity.
Potable water shall be supplied by connection to the existing limited use water supply
well. Re-approval of the existing limited use water supply well must be obtained from
this department prior to opening the campground.
Wastewater disposal shall be by installation of stationary or portable holding tanks for
all wastewater-generating fixtures. Common holding tanks to serve several wastewatergenerating fixtures may be approved; required setbacks to wells, surface waters and wet
ditches may be reduced by up to 50% if secondary containment is provided. Permits for
all stationary holding tanks (holding tanks with a volume over 300 gallons) must be
obtained from this department prior to placing the tanks on the property.
The proposed campground must be operated in accordance with all portions of Florida
Administrative Code Chapter 64E-15 and Volusia County Health Department temporary
campground guidelines.
Based on the information submitted, this department poses no objection to approval of
the Special Exception. Please feel free to contact this department regarding any of the
above comments at 386-424-2061.
Sincerely,
Noble W. Bielby
Environmental Specialist
cc: Jim McRae, Volusia County Health Department
Jeff Sulzbach, Volusia County Health Department
file:Panton1002.doc