TO: The request is to allow temporary campsites for 3 days before

TO:
Chairman and Members
Planning & Land Development
Regulation Commission
FROM:
Scott Ashley, AICP
Planning Manager
SUBJECT:
Public Hearing Case PH-10-001 Application of Ronald Luznar, Owner
DATE:
PLDRC HEARING:
January 29, 2010
February 9, 2010
REQUEST:
The request is 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, Bike Week and
Biketoberfest, and related special events and itinerant merchant
sales, pursuant to the Cabbage Patch BPUD (Resolution No.
2000-54).
LOCATION:
The property is located on the northeast corner of Tomoka Farms
Road and Pioneer Trail, near the Silver Sands Bridle Club, in the rural
community of Samsula.
PARCEL SIZE:
± 4.2 acres
SUMMARY:
Resolution No. 2000-54 Cabbage Patch BPUD Development
Agreement 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 camp sites and special events for a
period of two years. The request is for a maximum 40 primitive
camping (tents) and RV camp sites, and for the bi-annual coleslaw
wrestling event. Last year, the applicant operated a temporary camp
site on the parcel. During this period, staff did not receive any
complaints regarding the camp site or any activities at the Cabbage
Patch.
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, Bike Week and Biketoberfest, and, related special events
and itinerant merchant sales, pursuant to the Cabbage Patch BPUD
(Resolution No. 2000-54) subject to the sixteen conditions provided in
the staff report.
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:
January 29, 2010
FROM:
Scott Ashley, AICP
Planning Manager
CASE NO:
SUBJECT:
February 9, 2010 PLDRC 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, Bike Week and Biketoberfest, and related special events and
itinerant merchant sales, pursuant to the Cabbage Patch BPUD (Resolution
No. 2000-54).
Applicant(s): Ronald Luznar, Owner
PH-10-001
I. Background
The applicant is requesting approval for temporary campsites and related special events for
Speedweek, Bike Week and Biketoberfest for 2010 through 2011 under the provisions of
Resolution Nos. 2000-54 and 2002-154, Cabbage Patch Business Planned Unit
Development. The request is for primitive camping (tents) and RVs, and for the bi-annual
coleslaw wrestling event. There will be a maximum of 40 campsites with provision of
portable toilets and hand wash sinks as well as adequate refuse containers. Last year, the
applicant operated a temporary camp site on the parcel. During this period, staff did not
receive any complaints regarding the camp site or any activities at the Cabbage Patch.
However, please see the Environmental Management letter dated January 26, 2010, which
requires planting of 72 trees to comply with the 2000 condition of the final site plan
approval.
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
Bike Week, Biketoberfest, and Speedweek events. It also contains a procedure under
Section D, Land Uses within the BPUD, requiring a public hearing before the PLDRC, with
Page 1 of 8
Due Public Notice, to allow temporary camp sites and special events for a period of two
years.
The PLDRC last reviewed this item under case PH-07-136, which allowed temporary
camping and the bi-annual coleslaw wrestling events for 2008 through 2009. The applicant
operated last year in compliance with all conditions and without incident.
II. SITE INFORMATION
1. Location:
2.
3.
4.
5.
6.
This property is located on the northeast corner of
Tomoka Farms Road and Pioneer Trail, near the Silver
Sands Bridle Club, in the rural community of Samsula.
Tax Parcel No(s):
7211-00-00-0030
Property Size:
±4.2 acres, Cabbage Patch Bar
County Council District: 3
ECO Map:
No
NRMA Review:
No
LOCATION MAP
AERIAL MAP
Page 2 of 8
7. Zoning and Land Use Designations
DIRECTION
ZONING
Subject
Property
North:
BPUD
East:
A-1
South:
A-1
West:
A-2
A-1
FUTURE CURRENT USE
LAND USE
Agriculture Bar & accessory
Resource
structures
Agriculture
Improved
Resource
pasture
Agriculture
Cleared &
Resource
undeveloped
property used
for temporary
campsite during
annual special
events
Agriculture
Wooded &
Resource
undeveloped
used for
temporary
campsite during
annual special
events
Rural
Cleared &
undeveloped
used for
temporary
campsite during
annual special
events
III. REVIEW CRITERIA AND ANAYLSIS
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, 2010 and 2011 during Bike Week and Biketoberfest. Access to the
camping area will be from an existing concrete driveway off of Tomoka Farms Road.
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
Page 3 of 8
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;
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.
STAFF COMMENTS – The application has been reviewed by the selected County staff whom
have provided comments on the proposal.
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.
There are no specific ordinance provisions that apply to this proposed use.
(2) It is inconsistent with any element of the Comprehensive Plan.
There are no provisions in the comprehensive plan that apply to this particular request,
compatibility of this temporary use to the surrounding area and the County’s typical
temporary campground conditions are the main concerns.
(3) It will adversely affect the public interest.
It does not appear that the public interest would be adversely affected, so long as typical
and standard conditions of approval are followed in a complete and timely fashion.
Page 4 of 8
(4) It does not meet the expressed requirements of the applicable special exception.
The typical requirements for a temporary camp site use have been successfully met without
complaint.
(5) The applicant will not be able to meet all requirements imposed by federal, state, or
local governments, or by the county council.
The applicant should be able to meet all of these requirements.
(6) Notwithstanding the provisions of article XIV of the land development code
[appendix A], it will generate undue traffic congestion.
Per Traffic Engineering Division memo dated January 27, 2010, there is sufficient road
capacity for the thoroughfares near this site.
(7) It will create a hazard or a public nuisance, or be dangerous to individuals or to the
public.
The proposed temporary campsites should not be or become a hazard or public nuisance,
so long as the conditions of the special exception are followed completely and the camping
operations are conducted properly.
(8) It will materially alter the character of surrounding neighborhoods or adversely
affect the value of surrounding land, structures, or buildings.
Since this site has been operating for a number of years, it is not anticipated that continued
operation, per the conditions, would cause a loss of value of the surrounding real estate.
(9) It will adversely affect the natural environment, natural resources or scenic beauty,
or cause excessive pollution.
Operation of the site, based on the conditions, would help prevent any adverse affect on
the natural resources of the area and help minimize any potential pollution of the area.
IV. 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, Bike Week and Biketoberfest, 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. This approval does not become valid until compliance with the Environmental
Management letter dated January 26, 2010 is determined by the Growth &
Resource Management Director.
Page 5 of 8
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, Bike
Week and Biketoberfest events scheduled for 2010 through 2011.
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 vehicle's
per acre, number of portable toilets, potable water and shower facilities shall be in
accordance with the Volusia County Health Department requirements.
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 Building & Zoning Division. A site plan with all signed contracts for
portable toilets and garbage pick/clean up times(s) shall also be submitted to the
Building and Zoning Division 30 days prior to Speedweek, Bike Week and
Biketoberfest events scheduled for 2010 and 2011.
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, Bike
Week and Biketoberfest events.
6. The Volusia County Sheriff's Office, Finance, Fire Services, and Building and Zoning
Division, 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 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.
7. No open fires are permitted on the subject property. The applicant shall provide fire
protection services for the temporary camp site 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 2A40BC.
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 camp site shall state that no direct discharge of any
wastewater from any recreational vehicle will be permitted.
Page 6 of 8
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.
10. The temporary camp site 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. Any 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. Except for beer, the sale of any alcoholic beverages shall be prohibited.
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 Tomoka Farms Road 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 to Speedweek, Bike Week and
Biketoberfest events scheduled for 2010 and 2011.
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 camp site
facility. The contract shall require a provision for garbage to be collect 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 7 of 8
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 camp site shall not be resumed without approval of another Public
Hearing in accordance with Resolution 2002-154.
V. AUTHORITY AND PROCEDURE
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.
Page 8 of 8
Inter-Office
Memorandum
TO:
Scott Ashley, Planning Manager
DATE: January 26, 2010
FROM:
Tara Boujoulian, Environmental Permitting Manager
SUBJECT:
Planning & Land Development Regulation Commission meeting for
Date:
February 9, 2010
Parcel #:
7211-00-00-0030
Case #:
PH-10-001 Ronald Luznar, Owner
Environmental Permitting (EP) staff has reviewed this application for public hearing on the
Cabbage Patch BPUD. The parcel contains some existing trees, but does not currently meet
the countywide minimum standard of one (1) tree per 2,500 square feet of lot area as required
by Section 72-838 of the Land Development Regulations (LDR). A total of seventy-four (74)
existing and/or planted trees is needed to satisfy this minimum standard.
EP staff has been requesting the owner meet this requirement since October 4, 2000, after a
Final Site Plan (FSP) application was submitted for the Cabbage Patch (2000-F-FSP-0387).
Staff has reiterated the need to satisfy this requirement on numerous occasions since then, in
response to both additional FSP submittals and building permit applications, yet the applicant
has repeatedly delayed providing the necessary trees on site. As a result, the owner is out of
compliance with the LDR as well as the Development Order that was issued for the FSP.
It has been more than nine (9) years since EP has informed the owner of this minimum
standard. Therefore, EP staff respectfully requests that a condition of any PLDRC approval for
the site be that the owner provide a minimum of seventy-four (74) suitable existing and/or
planted trees on this parcel to comply with Sec. 72-838 LDR, preferably prior to any upcoming
Bike Week events for 2010.