Item 06

Agenda Item #: VC-1167401205152-A
Page 1 of 3
January 11, 2007
[ ] Ordinance
Item 06 AGENDA ITEM
[ ] Resolution
[ ] Budget Resolution
[ X ] Other
Department: Growth and Resource Management
File Number: VC-1167401205152-A
Division: Building and Zoning
Subject: PLDRC Public Hearing held December 12, 2006 regarding Special Exception
case S-06-130, Application of Peter Denunzio, Contract Purchaser, Marcia Berman and
Leslie Gibbs, Owners.
Account Number(s): N/A
Total Item Budget: N/A
Staff Contact(s): Mary Robinson, Director Building and Zoning Phone: 386) 943-7059 ext.
2013
Summary/Highlights:
TIME CERTAIN: 10:30 a.m.
APPLICANT/OWNER: Peter Denunzio, Contract Purchaser, Marcia Berman and Leslie
Gibbs, Owners.
REQUEST: Special Exception for a Mini-Warehouse on B-4C (General Commercial /
Thoroughfare Overlay Zone) zoned property.
LOCATION: The property is located on the east side of State Road 15A, at its
intersection with Gayle Drive, near the City of DeLand.
Recommended Motion:
UPHOLD PLANNING and LAND DEVELOPMENT REGULATION COMMISSION
RECOMMENDATION OF APPROVAL as presented.
Montye Beamer
Director
Growth and Resource
OMB
Legal
Betty Holness
County Manager's Office
Management
Mary Robinson
Director
Building and Zoning
Approved as to
Budget Requirements
Council Action:
[]
[]
[]
[]
Approved as to
Form and Legality
Approved Agenda Item
For:
January 11, 2007
Modification:
Approved as Recommended
Approved With Modifications
Disapproved
Continued Date:
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1/3/2007
Agenda Item #: VC-1167401205152-A
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Summary/Highlights Continued:
DISTRICT# 1
PARCEL SIZE: ± 4 acres.
BACKGROUND/DISCUSSION: The subject property is located along State Road 15A
(Spring Garden Avenue) and is adjacent to other commercially zoned lands to the north
and south. The property is adjacent to the City limits of DeLand, however, annexation
would not be possible since an enclave would be created.
This request is for a Special Exception to construct a 610-unit mini-warehouse facility on
a vacant and forested site. The proposal is for the development of a three-story, 43,500
sq. ft. storage-unit building along the SR 15A frontage, as well as a two-story, 2,400 sq.
ft. office along with eight (8) additional storage buildings ranging in size from 3,000 sq. ft.
to 4,800 sq. ft. on the four (4) acre site.
The discussion mainly centered around preservation of the trees on property, the
proposed Security Quarters that would require a separate Special Exception application,
as well as the proposed right of way vacations of Vermont Avenue and Cincinnati Street.
Staff explained that the City of DeLand would be opposed to the vacating of these two
streets, per an email from Mike Holmes with the City.
PLANNING and LAND DEVELOPMENT REGULATION COMMISSION
RECOMMENDATION: MOVED to FORWARD case S-06-130 to the County Council for
APPROVAL with the 5 conditions, as presented by Staff.
STAFF RECOMMENDATION: APPROVAL of the request, subject to the 5 conditions
listed in the staff report, because the proposal is largely compatible with current and
potential land uses in the area, and consistent with the Future Land Use Element of the
Comprehensive Plan. Also, the proposed Special Exception use is projected to generate
substantially less traffic than a permitted retail use on the site.
GENERAL INFORMATION:
NO OPPOSITION
ATTACHMENTS:
1. Zoning Maps
2. Zoning Staff Report
3. Request, Survey and Site Plans
4. Revised Information
5. Staff Comments and Email Responses
6. December 12, 2006 PLDRC Minutes
7. Notice of Public Hearing
COMMENTS SOLICITED FROM:
Jon Cheney, Traffic Engineer
Ron Paradise, Planner III
Albert Weber, Fire Services
Ginger Adair, County Foreste
http://enn.co.volusia.fl.us/electronicagen/agendaitemprint2.asp
1/3/2007
Agenda Item #: VC-1167401205152-A
http://enn.co.volusia.fl.us/electronicagen/agendaitemprint2.asp
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1/3/2007
OA
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SHERWOOD DR
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SALISBURY AV S
CR 4112 (BERESFORD AV W)
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STONE ST
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GAYLE DR
MANSFIELD ST W
CR 4114 (NEW HAMPSHIRE AV W)
B-4C
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SPECIAL EXCEPTION
1"= 400'
FROM: B-4C
TO:
N/A
STONE ST
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REQUEST
AREA
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SALISBURY AV S
LOUIS CT
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HIGH ST S
B-2C
CARVER ST
KEITH AV
CECIL AV
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CASE NUMBER
S-06-130
CASE NO. S-06-130
APPLICANT:
Peter Denunzio, Contract Purchaser
Marcia Berman and Leslie Michael Gibb, Owners
REQUEST:
Special Exception for a Mini-Warehouse on B-4C (General Commercial /
Thoroughfare Overlay Zone) zoned property.
CURRENT ZONING:
B-4C. The purpose and intent of the B-4, General Commercial, classification is to
encourage the development of intensive commercial areas providing a wide
range of goods and services, and locate adjoining at least one major collector or
arterial road. The B-4 classification is intended to be applied to existing or
developing strip retail areas which, because of the nature of existing
development, are not appropriate for inclusion in the B-3 Shopping Center
classification.
The “C” suffix denotes that the property is within one of the County’s designated
Thoroughfare Overlay Zones.
COMPREHENSIVE PLAN DESIGNATION:
Commercial
PARCEL NUMBER:
7020-10-00-0010
PARCEL CHARACTERISTICS:
+ 4 acres undeveloped, woodland property
LOCATION:
The property is located on the east side of State Road 15A, adjacent to its
intersection Gayle Drive (also unopened Vermont Avenue), near the City of
DeLand.
SURROUNDING ZONING AND LAND USE:
North:
B-4.
Vacant commercial land.
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December 12, 2006 PLDRC Mtg. (Stockham)
East:
R-4.
Land developed with single family homes.
South:
B-4C.
Vacant commercial land.
West:
R-3C.
Residential land developed with FDOT pond.
ANALYSIS:
The subject property is located along State Road 15A (Spring Garden Avenue)
and is adjacent to other commercially zoned lands to the north and south. The
property is also immediately adjacent to the City limits of DeLand, however,
annexation would not be possible since an enclave could be created.
This request is for a Special Exception to construct a 610-unit mini-warehouse
facility on a vacant and forested site. The proposal is for the development of a
three-story, 43,500 sq. ft. storage-unit building along the SR 15A frontage, as
well as a two-story, 2,400 sq. ft. office (with future security quarters pending
separate Special Exception approval) along with eight (8) additional storage
buildings of square footage ranging from 3,000 sq. ft. to 4,800 sq. ft. in size over
a site of four (4) acres. The plan also shows the proposed vacating of the rightof-way for both Cincinnati Street and Vermont Avenue. This would take place
under separate application with the County Public Works right-of-way office and
would not be approved as part of this Special Exception application.
The Comprehensive Plan does contain specific policies relating to the location of
the requested Special Exception.
1.2.2.17
In implementing the Future Land Use Element, the County
shall maintain regulations to ensure to the maximum extent
feasible, compatibility of use between properties, including but
not limited to such factors as traffic circulation, air quality and
odor control, noise control, lighting and aesthetics.
1.3.1.14
Commercial development shall use vegetative buffers and
visual screens to minimize the negative impacts on surrounding
residential uses.
Existing commercial operations where
adverse impacts have been documented shall be required to
address the need for buffers or other visual screening if a
change or enlargement of use is requested.
14.1.1
Volusia County shall continue communication with adjacent
cities and counties and federal, state and regional agencies,
among others, via effective formal and informal coordination
mechanisms to ensure consistency in planning related matters
and to coordinate the impacts of development. The formal and
G:\ADMIN\2006\Final Cases\December\S-06-130 Denunzio.Berman.Gibb.doc
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December 12, 2006 PLDRC Mtg. (Stockham)
informal mechanisms shall include membership in area-wide
organizations and multi-level staff communication.
14.1.1.4
Volusia County shall continue to coordinate with adjacent local
governments to ensure consistency in land planning for those
lands adjacent to an incorporated area or an adjacent county.
Regarding these policies, this Special Exception will have to be conditioned so
the proposed mini-warehouses will only be used for storage purposes. Access to
the property is proposed as unlimited 24-hour controlled access. Therefore,
additional landscape buffers and/or opaque screening may be required along the
eastern frontage of the site along High Street in order to better buffer and screen
this proposed use from the existing residential area. Finally, this proposed
development site is subject to Section 827 Nonresidential Development Design
Standards. This ordinance section provides that a development must comply
with an adjacent municipality’s applicable gateway/corridor standards, in this
case City of DeLand has established gateway standards for SR 15A that include
architectural standards, in order to ensure proper aesthetics and functionality.
OTHER CONSIDERATIONS:
Site Plan – The site plan submitted with the application shows the location for the
development of a three-story, 43,500 sq. ft. storage-unit building along the SR
15A frontage, as well as a two-story, 2,400 sq. ft. office and second floor security
quarters along with eight (8) additional buildings that range from 3,000 sq. ft. to
4,800 sq. ft. in size over a site of four (4) acres. The total number of storage
units proposed is 610 units, with the largest building containing 469. With regard
to off-street parking requirements, the plan indicates that four (4) stalls will be
provided for the office space (1/300 sq. ft.), two (2) stalls will be provided for the
potential security quarters, and sixty-one (61) stalls for the storage units at rate of
one stall per ten (10) storage units will be distributed throughout the site area.
Project access is limited to State Road 15A; however, emergency access is
proposed onto High Street as recommended by Fire Services. The conceptual
plan does not indicate how stormwater management would be handled on the
site; however the site plan notes that an exfiltration system as opposed to open
retention areas will be proposed. Including the staff recommended conditions,
the Special Exception site plan meets all of the expressed requirements of
Section 817 (e) Mini-warehouses including the parking requirements, building
separation requirements, and landscape buffer requirements per Table 1,
Section 808 of the Zoning Ordinance, as amended.
Adjacent Municipality - The City of DeLand has been notified of this request and
they have provided preliminary comments including affirming that the City must
approve the architectural design and appearance of the proposed buildings. The
City does not recommend vacating the rights-of-way for both Cincinnati Street to
the north and Vermont Avenue to the south, since these streets may be needed
in the future as the Spring Hill neighborhood grows.
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Page 3 of 5
December 12, 2006 PLDRC Mtg. (Stockham)
Staff Comments – The Traffic Engineering Division noted in its comment memo
that the addition of the projected 140 trips will not cause Level of Service (LOS)
problems for the thoroughfares located in the vicinity of this proposed
development. The land development office stated that specific site plan items
such as vehicle access location/configuration and stormwater design will be
addressed at the future required Final Site Plan review stage.
The
Comprehensive Planning office provided suggested conditions to ensure
compatibility, the Fire Services office provided its list of site plan and architectural
requirements, and the Environmental Management Division (EMD) provided its
land development code requirements, mainly with regard to tree preservation.
The EMD office noted that site plan changes may be required upon more
detailed review during the site plan review stages.
Reason for Recommendation – Staff recommends approval, subject to
conditions, of this Special Exception request for a mini-warehouse facility as Staff
finds the proposal to be largely compatible with current and potential land uses in
the area and consistent with the Future Land Use Element of the Comprehensive
Plan. This proposed Special Exception use is projected to generate substantially
less traffic than a permitted retail use on the site.
RECOMMENDATIONS:
APPROVAL of this application for a Special Exception for a Mini-Warehouse on
B-4C (General Commercial / Thoroughfare Overlay Zone) zoned property,
subject to the following CONDITION(S):
1. The applicant shall combine the existing lots on the parcel through
application with the Land Development Office in order to create a unified
building site.
2. No garage sales shall be conducted on the premises. No servicing,
repair, or outdoor storage of motor vehicles, watercraft, trailers, lawn
mowers and other similar equipment shall be permitted on the premises.
Also, the site shall not be used for the purposes of contractor shop and
equipment yard.
3. The applicant shall address the City of DeLand comments referenced in
the email memo dated October 16, 2006 from Mike Holmes during the
final site plan review process.
4. The screen enclosure for the solid waste container shall be relocated to
meet the same setbacks as the principal structures.
5. The proposed security quarters shall not be constructed or utilized until
approved under a separate Special Exception application.
NOTE: SPECIAL EXCEPTION APPLICATIONS REQUIRE A FIRST PUBLIC HEARING BY
THE PLDRC AND A SECOND PUBLIC HEARING BY THE COUNTY COUNCIL.
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December 12, 2006 PLDRC Mtg. (Stockham)
THE APPLICANT SHOULD UNDERSTAND THAT APPROVAL OF THE SPECIAL
EXCEPTION CONSTITUTES APPROVAL OF THE GENERAL USE CONCEPT ONLY AND
THAT SUBSEQUENT REVIEW MAY RESULT IN SUBSTANTIAL PLAN REVISIONS. THE
APPLICANT SHOULD FURTHER UNDERSTAND THAT IF THE SPECIAL EXCEPTION
DOES NOT BEGIN TO SERVE THE PURPOSE FOR WHICH IT WAS GRANTED WTIHIN 12
MONTHS FROM THE DATE OF RENDITION, IT SHALL EXPIRE.
PURSUANT TO SECTION 1002.00, APPEALS, OF THE ZONING ORDINANCE, ANY
PERSON CLAIMING TO BE AGGRIEVED BY A DETERMINATION OF THE PLDRC OR
ZONING ENFOREMENT OFFICIAL MAY FILE A WRITTEN APPEAL WITHIN TEN (10)
WORKING DAYS AFTER RENDITION OF THE ORDER, REQUIREMENT, DECISION, OR
DETERMINATION.
JHS:ys
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Page 5 of 5
Revised December 4, 2006
December 12, 2006 PLDRC Mtg. (Stockham)
INTER-OFFICE MEMORANDUM
TO:
John Stockham
Planner III
DATE:
October 5, 2006
FROM:
Jon E. Cheney
Traffic Engineer
FILE:
s-06-130.doc
SUBJECT:
Denunzio Special Exception Case #S-06-130
LOCATION:
On the NE side of SR-15A (State arterial) N of New Hampshire Avenue
(County local)
SITE INFORMATION
The proposed special exception is to allow mini warehouses on 4 acres with an existing zoning
of General Commercial (B-4). The existing B-4 zoning could produce 3,000 square feet of
convenience store with gas pumps based upon the permitted uses in the Zoning Ordinance.
The proposed special exception could produce 60,984 square feet of mini warehouse floor
space based upon a maximum lot coverage of 35%.
Transportation Analysis
The transportation impact of the existing and proposed zoning trip generation was computed for
the maximum case scenario using ITE Trip Generation, 7th Edition.
Table 1
Existing Zoning:
Existing
Zoning
B-4
Land Use or
Acreage
Convenience
Store with
Gas Pumps
Proposed Special Exception
Mini Warehouse
Potential Additional Daily Trips:
Density
3,000 Square
Feet
Density
60,984 Square
Feet
Trip
Generation
Rate
845.6 per
1,000 Square
Feet
Net Daily Trips
Trip
Generation
Rate
2.5 per 1,000
Square Feet
Net Daily Trips
2537 Minus
64.5% Pass By
= 901
152
Minus 749
Roadway Analysis
The 2005 Volusia County Traffic Counts were used to determine the Average Daily Traffic (ADT)
and the Level of Service (LOS). The Volusia County Comprehensive Plan Maximum Capacity
was used to determine the potential LOS after addition of the anticipated project trips to the
2005 LOS for each thoroughfare roadway.
Table 2
SR-15A (fromSR-44 to Beresford Avenue)
This roadway is a paved, 5-lane, State maintained, arterial
2005 ADT
2005 LOS
Comprehensive
Plan Maximum
Capacity
25,500
B
35,700
SR-15A (from Beresford Avenue to US 17-92)
This roadway is a paved, 5-lane, State maintained, arterial
2005 ADT
2005 LOS
Comprehensive
Plan Maximum
Capacity
22,000
B
35,700
Comprehensive
Plan Allowable
LOS
D
Potential LOS
(2005 ADTplus
Project Trips)
B
Comprehensive
Plan Allowable
LOS
D
Potential LOS
(2005 ADTplus
Project Trips)
B
Addition of the proposed 140 trips will not cause LOS problems for the thoroughfares in the
vicinity of this development.
CONCLUSIONS AND RECOMMENDATIONS
The Traffic Engineering Division will defer to the Zoning Division for a recommendation regarding
the proposed special exception.
JEC/acc
C: Jay D. Preston, County Development Engineer
Gerald Brinton, County Engineer
INTER-OFFICE MEMORANDUM
TO:
John Stockham, Planner III
DATE:
November 29, 2006
FROM:
Ron Paradise, Planner III
FILE NO.
PLA-06-043
SUBJECT:
S-06-130 (Parcel #7020-10-00-0010)
As requested I have reviewed the above-referenced Special Exception (SE) for a mini
warehouse in the B-4(C) zoning. The property is designated as Commercial on the Future
Land Use Map.
With regard to land use and infrastructure planning, mini warehouses are associated with
both opportunities and challenges. The challenges can be mitigated through proper design
and conditions on use.
A benefit of mini warehouses is that the use, if limited to just storage, does not generate
large volumes of traffic. In addition, noise levels are kept to a minimum if storage is the
main use. However, in some cases mini warehouse uses can evolve into contractor storage
yards/ offices, and sometimes these uses can evolve into heavy commercial areas. Such
heavy commercial activities can be disruptive to surrounding uses by causing noise, glare,
and traffic. Finally, in some cases, mini warehouse uses have not been well designed and
the end product is a stark assemblage of metal buildings and a visible collection of boats
and RVs separated from other uses by a chain link fence and/or minimal landscaping.
The property is located along SR 15A, and land to the south and to the north is designated
as Commercial on the Future Land Use Map. Land to the east is designated as Urban Low
Intensity (ULI). Land use compatibility is a goal of the County’s Comprehensive Plan.
Assuring compatibility between commercial uses is typically easier than creating
compatibility between commercial and residential uses. In addition, general community
aesthetics are important to maintaining and improving the general community character.
Therefore, the following suggestions are offered:
1) The SE needs to be conditioned so that the mini warehouses will be used only for
storage. No business uses should be operated from the site. Limiting the use to
storage will also reduce traffic.
2) The use needs to be designed and sited to afford adequate buffers for residential
uses.
C:\DOCUME~1\ysomers\LOCALS~1\Temp\043.doc
3) To enhance general community character the mini warehouse development should
be subject to appropriate design criteria to ensure proper aesthetics.
The subject suggestions are consistent with the following Policies:
1.2.2.17
In implementing the Future Land Use Element, the County shall maintain
regulations to ensure to the maximum extent feasible, compatibility of use
between properties, including but not limited to such factors as traffic
circulation, air quality and odor control, noise control, lighting and aesthetics.
1.3.1.14
Commercial development shall use vegetative buffers and visual screens to
minimize the negative impacts on surrounding residential uses. Existing
commercial operations where adverse impacts have been documented shall
be required to address the need for buffers or other visual screening if a
change or enlargement of use is requested.
Finally, how is the site going to be served by central services? The logical entity is the City
of DeLand. It is also noted that the property abuts the City. Have there been discussions
with the City about annexation?
RP:ps
Cc:
Montye Beamer, Director, Growth & Resource Management
Terry L. James, Comprehensive Planning Manager
C:\DOCUME~1\ysomers\LOCALS~1\Temp\043.doc
From:
To:
Date:
Subject:
INFORMATION
Albert Weber
Somers, Yolanda
11/17/2006 11:22:06 AM
Re: Volusia County Zoning Activity Request for Comments S-06-130 REVISED
Fire Department Reply
U-Store Mini-Warehouse
Case # S-06-130
Date:11-17-06
The 43,500 sq ft storage building requires a full fire sprinkler system as per 903.2.8 of the Florida Building
Code, 2004 Edition. Also any storage or office building containing a residential occupancy must also be
fully fire sprinkled as per 903.2.7 of the FBC.
The entrance to this facility is a designated fire lane and must maintain a 20 ft minimum clear width.
Painted lines on the road bed at the entrance are not considered a restriction.
The fire lane must access all buildings and requires an inside turning radius of 30 ft and an outside
turning radius of 50 ft.
An access gate leading to High street is required. An additional hydrant is required there.
Any security gates should be provided with a siren operated system or an equivalent entry system
acceptable to the local fire station personnel.
The hydrants required must be sized to deliver 2000 gallons per minute as per ISO requirements. A utility
site plan is required showing the fire mains and hydrants with an engineer’s flow calculation summary on
that plan.
For questions call Albert Weber, Fire Protection P.E., County of Volusia Fire Services
Tel No. 386-736-5941 Ext 2916
Inter-Office
Memorandum
TO:
John Stockham, Planning and Zoning
DATE:
October 17, 2006
FROM:
Ginger Adair, County Forester
Environmental Management
SUBJECT:
Environmental Management Comments for:
CASE # S-06-130
Peter Denunzio, Contract Purchaser
Marcia Berman & Leslie Gibb, Owners
Environmental Management visited the subject site on October 10,
2006. The site is heavily wooded with a laurel oak stand including
specimen sized trees.
Environmental Management has no specific objection to the special
exception proposed. The plan provided appears to consider the tree
ordinance requirements of the Land Development Code, however a
more detailed review will occur at the time of site plan review.
G:\ZONING\__J O H N\Staff Reports\2006 Staff Reports\December 12, 2006 PLDRC\From Last Time - S06-130 Mini-Warehouses\Comments from reviewers\S-06-130 - EMD Comments.DOC
MINUTES
Planning and Land Development Regulation Commission
December 12, 2006
S-06-130 – Application of Peter Denunzio, Contract Purchaser, Marcia Berman and
Leslie Gibb, Owners, requesting a Special Exception for a Mini-Warehouse on B-4C
(General Commercial / Thoroughfare Overlay Zone) zoned property. The property is
located on the east side of State Road 15A, at its intersection with Gayle Drive, near the
City of DeLand; + 4 acres (Stockham) This item is tentatively scheduled for the
January 11, 2007 County Council public hearing.
John Stockham, Planner III, presented the Staff Report. He stated the subject
property is located along State Road 15A (Spring Garden Avenue) and is adjacent to
other commercially zoned lands to the north and south. The property is also
immediately adjacent to the City limits of DeLand, however, annexation would not be
possible since an enclave could be created. This request is for a Special Exception to
construct a 610-unit mini-warehouse facility on a vacant and forested site. The proposal
is for the development of a three-story, 43,500 sq. ft. storage-unit building along the
State Road 15A frontage, as well as a two-story, 2,400 sq. ft. office (with future security
quarters pending separate Special Exception approval) along with eight (8) additional
storage buildings of square footage ranging from 3,000 sq. ft. to 4,800 sq. ft. in size over
a site of four (4) acres. He stated the Comprehensive Plan contains specific policies
related to the location of this requested Special Exception. Regarding those policies the
Special Exception should be conditioned so the proposed mini-warehouses will only be
used for storage purposes. Also, additional landscape buffers and/or opaque screening
may be required along the eastern frontage of the site along High Street in order to
better buffer and screen this proposed use from the existing residential area. This
proposed development site is subject to Section 827 Nonresidential Development
Design Standards, and that ordinance section provides that a development must comply
with an adjacent municipality’s applicable gateway/corridor standards, in this case, the
City of DeLand’s standards, which include architectural guidelines, landscape planting
guidelines, as well as signage guidelines, in order to ensure proper aesthetics and
functionality of the site. He stated the conceptual site plan does not indicate how
stormwater management would be handled on the site. However, the site plan notes
that an exfiltration system, as opposed to an open retention area, is proposed. Also, the
plan meets the expressed requirements for a Special Exception in the Zoning
Ordinance. With regard to the adjacent municipality of the City of DeLand, the city has
been notified, and their comments are in the preliminary report. He stated the city does
not recommend vacating the rights-of-way for Cincinnati Street to the north and
Vermont Avenue to the south, since they may be used for the residential growth of the
Spring Hill neighborhood. He stated that Traffic Engineering has stated that the addition
of 140 trips will not cause Level of Service (LOS) problems for the thoroughfares
located in the vicinity, and the Land Development office stated that specific site plan
items such as vehicle access location/configuration and stormwater design will be
G:\ADMIN\2006\PLDRC\Minutes\Case Minutes\S-06-130 Denunzio.Berman.Gibb.doc
addressed at the required Site Plan review stages. Also, Comprehensive Planning
provided a list of conditions, and Fire Services provided a list of site plan and
architectural requirements, and the Environmental Management Division (EMD)
provided its land development code requirements, mainly with regard to tree
preservation. He stated the EMD office noted that site plan changes may be required
upon more detailed review during the site plan review stages.
Staff recommends
APPROVAL of the request, subject to the 5 conditions listed in the staff report, because
the proposal is largely compatible with current and potential land uses in the area, and
consistent with the Future Land Use Element of the Comprehensive Plan. Also, the
proposed Special Exception use is projected to generate substantially less traffic than a
permitted retail use on the site. He then showed an overlay of the existing trees on the
site, and the tree preservation areas along State Road 15A frontage, as well as within
the landscape buffers. He then showed an aerial photo of the area, to show the land
use pattern along State Road 15A, on the overhead projector.
Member Cornett asked Mr. Stockham if condition #3 is related to the right-of-way
closure.
Mr. Stockham replied yes. At one time the applicant proposed vacating the right-ofway of Cincinnati Street and the right-of-way of Vermont Avenue. He stated Staff has
had the applicant revise the plan to not show any portion of the site plan on those rightof-ways, and the applicant has done that. He stated they would need to ask the
applicant if he is intending to apply for a vacation of those right-of-ways.
Member Cornett wanted clarification that this Special Exception does not address that
issue at all.
Mr. Stockham replied that is correct. They have proper setbacks and buffers outside of
the right-of-ways.
Mark Neiman, CSI Engineering, 605C W. New York Avenue, DeLand, here on
behalf of applicant Peter Denunzio, stated they have read and agree with the Staff
Report and the conditions. He stated that they do intend to apply to vacate those rightof-ways. They have had a number of discussions with Mike Holmes from the City of
DeLand, and he has verbally indicated that they would not be opposed to vacating
Cincinnati Street, but they would have to have further discussions regarding the
vacation of Vermont Avenue. He stated he does not believe Vermont Avenue being
open to the public for a roadway would provide any benefits to the public. It is only a
one-block right-of-way, it does not continue any further. He stated both of the vacations
are approved they would still submit a substantially similar plan, but it would be slightly
larger than the conceptual plan, with a few more units. If they can only get the vacation
of Cincinnati Street, that would help them further tree preservations and that sort of
thing. He stated the only item they are still uncertain of, and they need to discuss with
Staff more, between now and the County Council hearing, is the discussion on the
security quarters. He stated they planned to have security quarters upstairs, over the
G:\ADMIN\2006\PLDRC\Minutes\Case Minutes\S-06-130 Denunzio.Berman.Gibb.doc
office building as a part of this Special Exception, but were advised by Staff that it has to
be done as a separate Special Exception application. He stated they are not clear as to
why it has to be done as a separate Special Exception.
Chairman Huttmann commented that it sounds like the applicant is not in agreement
with Staff’s position on the vacation of those right-of-ways or their position on the
security quarters.
Mr. Neiman replied his understanding is that Staff is not prohibiting them from applying
for those vacations, they are just asking them to work it out with the City of DeLand.
Chairman Huttmann wanted clarification that the granting of this Special Exception
request would have nothing to do with the right-of-ways.
Mr. Stockham replied he understands that to be correct. Staff’s condition states that the
applicant must address the comments made by Mike Holmes, of the City of DeLand, in
his memo. If Mike Holmes were to come back with a different set of comments Staff
would go with those.
Mr. Neiman replied it is his understanding if Mike Holmes and the City of Deland agree
that one or both of those right-of-ways can be vacated, they can go forward with their
plan, and the request would not be changed, but the layouts would be changed a little.
Member Rudolph stated that condition # 5 (relating to the security quarters) is
reasonable and he would like to see it stay in there.
Member Rudolph MOVED to FORWARD case S-06-130 to the County Council for
APPROVAL with the 5 conditions, as presented by Staff. Member Cornett SECONDED
the motion. Motion CARRIED unanimously.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the County Council of Volusia County, Florida, will hold a
Public Hearing on Thursday, January 11, 2007, commencing at 10:30 a.m. in the County
Council Meeting Room of the Thomas C. Kelly Administration Center, 123 W. Indiana Avenue,
DeLand, Florida, for the purpose of hearing and deciding the following applications for
Special Exception from the Zoning Ordinance of Volusia County, Florida, to wit:
S-06-130 – Application of Peter Denunzio, Contract Purchaser, Marcia Berman and Leslie
Gibb, Owners, requesting a Special Exception for a Mini-Warehouse on B-4C (General
Commercial / Thoroughfare Overlay Zone) zoned property, to wit:
20 17 30 LOTS 1 TO 24 E OF ST RD BON AIR SUB MB 10 PG 103 PER OR 2431
PG 0707 PER OR 5416 PG 4272
Parcel No.: 7020-10-00-0010
The property is located on the east side of State Road 15A, at its intersection with Gayle Drive,
near the City of DeLand; + 4 acres
S-06-132 – Application of Christopher Challis, Cobb & Cole, Attorney for Owner, Darren and
Phyllis Hunter, Owners, requesting a Special Exception for Processing, packaging, retail or
wholesale sales of agriculture products not raised on the premises on A-1 (Prime Agriculture)
zoned property, to wit:
12 14 31 W 719.79 FT ON N/L & 668.95 FT ON S/L OF N 671.42 FT ON W/L &
672.52 FT ON E/L OF NW 1/4 OF NW 1/4 EXC N 50 FT IN CO RD PER OR 1183
PG 105
Parcel No.: 4112-00-00-0040
The property is located on the west side of Tymber Creek Road, abutting the City of Ormond
Beach; + 10.88 acres
S-06-142 – Application of Sheryl Denan, Agent for TBCOM Properties, Inc, Agent for Owner,
Gary Willis, Owner, requesting a Special Exception for a 165-foot monopole communication
tower and a waiver to Section 817.00(w)(5)(e) Communication towers. Setbacks and separation
(763 ft. in lieu of the required 1000 ft.) from the residence to the northwest; (994 ft. in lieu of the
required 1000 ft.) from the residence to the west; (628 ft. in lieu of the required 1000 ft.) from the
residence to the south; and (628 ft. in lieu of the required 1000 ft.) from the residence to the
northeast of the tower site and a waiver to Section 817.00(w)(8) Communication towers.
Landscaping on A-2 (Rural Agriculture) zoned property, to wit:
1 18 31 IRREG PARCEL IN GOVT LOTS 5 & 6 MEAS 895.9 FT ON N/L 687.62
FT ON W/L & 630.56 FT ON S/L AKA LOT 15 DELTONA LAND & TIME UNREC
SUB PER OR 4890 PGS 0954
Parcel No.: 8101-00-00-0570
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The property is located on the west side of Hyder Drive, approximately one mile southwest of the
intersection of Howland Boulevard and Elkcam Boulevard, adjacent to the municipal limits of the
City of Deltona; + 1600 sq.ft. lease portion of a + 10.05-acre parent parcel.
S-06-148 – Application of Andy Forand, Agent for Bright House Networks, Contract
Purchaser, Mike Leissler, Owner, requesting a Special Exception for a Public Utility Uses and
Structures on RR (Rural Residential) zoned property, to wit:
11 17 32 PARCEL IN NE 1/4 OF SW 1/4 BEING S 460 FT OF N 1010.41 FT MEAS
ON SR 415 OF E 360 FT MEAS ON N/L PER OR 2487 PG 379 PER 3460 PG 1374
Parcel No.: 7211-00-00-0153
The property is located on the west side of County Road 415, approximately 460 feet north from its
intersection with Lakeshore Drive, in the community of Samsula; + 1.9 acres
These proposed applications may be inspected by the public at the VOLUSIA COUNTY BUILDING
AND ZONING DIVISION, 2nd FLOOR, THOMAS C. KELLY ADMINISTRATION CENTER, 123
WEST INDIANA AVENUE, DELAND, FLORIDA.
Interested parties may appear at the meeting and be heard with respect to the proposed special
exception applications.
This hearing may be continued to one or more dates. The dates, times, and places of any
continuation of the above scheduled public hearing will be announced at said public hearing and no
further notice regarding said continuation is required to be published.
If anyone decides to appeal any decision made by the Volusia County Council with respect to any
matter considered at this hearing, he or she will need a record of the proceedings, including all
testimony and evidence, upon which the appeal is to be based. To that end, such person will want to
ensure that verbatim record of the proceedings is made.
COUNTY COUNCIL
VOLUSIA COUNTY, FLORIDA
BY James T. Dinneen
JAMES T. DINNEEN
COUNTY MANAGER
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