September 9, Planning and Land Development Regulation Commission (PLDRC)

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1 Page 1 of 19 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, Room 202, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: September 9, Planning and Land Development Regulation Commission (PLDRC) S Special exception for a fish camp on Rural Agriculture (A-2) zoned property. Volusia Bar Fish Camp, Pierson, Florida Harry Wild, P.E. POG Enterprises, Inc. Susan Jackson, AICP, Planner III I. SUMMARY OF REQUEST The applicant is requesting a special exception for a fish camp to allow construction of a 900-square foot commissary building on Rural Agriculture (A-2) zoned property. The property is part of the Volusia Bar Fish Camp, approximately 279 acres, located at the terminus of Volusia Bar Road. It is approximately 3.6 miles west of the intersection of Volusia Bar Road and Riley Pridgeon Road, near the Town of Pierson. A fish camp has existed on the property since the 1950 s, however; no formal zoning action has been granted. Therefore, the current use is a legal nonconforming use under the A-2 zoning classification. By proposing to add the new structure to the fish camp, a special exception is required. Staff Recommendation: Forward to county council for final action with a recommendation of approval with conditions.

2 Page 2 of 19 II. SITE INFORMATION 1. Location: This property is located on the terminus of Volusia Bar Road, on the east side of the St. Johns River at its juncture with Lake George, west of the Town of Pierson. 2. Parcel Number(s): Property Size: 279 acres 4. Council District: 1 5. Zoning: Rural Agriculture (A-2) 6. Future Land Use: Rural Recreation (RREC) 7. ECO Map: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE North: Resource Environmental Corridor Systems Corridor East: Resource Environmental Corridor Systems Corridor South: Resource Environmental West: 10. Location Maps Corridor A-2, Resource Corridor Systems Corridor Rural Recreation, Environmental Systems Corridor CURRENT USE Vacant, Wooded, Wetlands Vacant, Wooded, Wetlands Hutchens Creek Vacant, Wooded, Wetlands Volusia Bar Fish Camp, Vacant, Wooded, Wetlands Future Land Use Map Zoning Map

3 Page 3 of 19 III. BACKGROUND AND PREVIOUS ACTIONS The Volusia Bar Fish Camp has existed since the early 1950 s. As shown in the aerial map insert, the Fish Camp is the hatched portion of the peninsula of land that is bounded by Lake George on the north and Hutchens Creek on the south. This hatched portion is zoned A-2. The surrounding property is zoned RC. The fish camp is comprised of two separate parcels that were previously under different ownerships ( west parcel and east parcel). The parcel for which this special exception is being requested is the eastern parcel, and more specifically the A-2 portion of the eastern parcel. The two parcels that comprise the fish camp were under separate ownership until Previously, in 2002, the owner of the western parcel applied for a special exception to allow some additions and improvements to the fish camp (case # S ). One of the improvements was to replace the former camp store with a new camp commissary building where fishing tackle, bait and camp supplies could be purchased. The store was to be an elevated structure and was proposed to be built in the same location as the old camp store. This required a variance to the waterfront setback to do so. In November 2002, the variance was approved to allow a 900-square foot building to encroach within the 50-foot waterfront, however; the applicant did not proceed with the project and the variance expired. Now the owner of the western parcel also owns the eastern parcel of the fish camp and would like to construct the commissary building on the eastern portion. Approval of a special exception is required to build the structure on the eastern parcel. It is the same building footprint as was previously proposed, however; the new proposed location does not require any variances to waterfront or side yard setbacks. IV. REVIEW CRITERIA AND ANALYSIS Under subsection (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:

4 Page 4 of 19 (a) It is inconsistent with the purpose or intent of this article. The A-2 zoning is intended to preserve and protect rural areas of the county that have some agricultural value, but which are also suitable for rural estate living. Fish camps are permitted in the A-2 zone by approval of a special exception. This application is consistent with the purpose and intent of this article. (b) It is inconsistent with any element of the comprehensive plan. Rural Recreation areas are defined in the comprehensive plan as: limited areas of intense use located in remote rural areas along the St. Johns River. These areas are used for launching and/or storing boats with areas available for camping. These areas may also contain single and multi-family dwelling units, hotels, bait shops, restaurants, and gas stations. Many of them are commonly referred to as fish camps. This application is consistent with the comprehensive plan. (c) It will adversely affect the public interest. The present use is a fish camp, active since the 1950 s. If approved, this special exception will make the business a conforming use under the A-2 zoning classification. This application will not adversely affect the public interest. (d) It does not meet the expressed requirements of the applicable special exception. Fish camps are a permitted special exception in the A-2 zone. The new location does not require any variances to be located as proposed on the eastern parcel. This application meets the requirements of the applicable special exception. (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 can meet the requirements of 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 fish camp is already an approved use on the western parcel. The addition of the proposed commissary store serving boaters and existing camp rental units will not generate undue traffic congestion on the nearby road network.

5 Page 5 of 19 (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. The fish camp and its accessory improvements will not create a hazard or public nuisance, or be dangerous to individuals or the public. (h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings. The Volusia Bar Fish Camp is the only land use in the surrounding area. Lands beyond the camp s ownership are public lands. This use will not materially alter the character of the surrounding area or adversely affect the value of surrounding land, structures or buildings. (i) It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. The special exception will not adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. V. STAFF RECOMMENDATION Staff recommends that the PLDRC forward this special exception for a fish camp on Rural Agriculture (A-2) zoned property, to the county council for final action with a recommendation of approval, subject to the following staff recommended conditions: 1. The size of the proposed commissary building shall be limited to 900 square feet. 2. Any change in location or size of the building shall require the applicant to seek additional approval through the special exception process. 3. Site Plan approval shall be required prior to obtaining building permits for the commissary building and any other related site improvements. 4. The applicant or property owner shall submit an application to combine parcels and through the county Land Development office. VI. ATTACHMENTS Written Explanation Survey/Special Exception Site Plan Conceptual Sketch of Proposed Building Reviewer Comments Site Photos Maps

6 Page 6 of 19 VII. AUTHORITY AND PROCEDURE Pursuant to Section , 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 prior to the council meeting.

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11 Page 11 of 19 Inter-Office Memorandum TO: Susan Jackson, Planner III DATE: August 5, 2014 FROM: Danielle Dangleman, Environmental Specialist III SUBJECT: Planning & Land Development Regulation Commission meeting for Date: September 9, 2014 Parcel #: Case #: S Environmental Permitting (EP) has reviewed the special exception application and conducted a site visit. This parcel is along portions of the St. Johns River. The river has a fifty-foot buffer due to the parcel being in the Natural Resource Management Area. The proposed commissary building and parking spaces are in uplands and outside of the associated wetland buffer. There are three historic size live oaks in the area of the proposed project. Historic trees cannot be removed without County Council approval. After reviewing the site plan submitted, it appears the construction is outside of the trees protection zone. Staying outside of the protection zone or drip-line, will help avoid damage to the historic size live oaks. EP has no objection to this special exception request. However, the applicant needs to be aware that they must comply with all relevant environmental provisions of the Land Development Code and complete any environmental permitting which may be necessary during the building review and permitting process.

12 Page 12 of 19 Inter-Office Memorandum To: Susan Jackson, AICP Date: August 7, 2014 Planner III From: Subject: John G. Thomson, AICP Land Development Manager Wild.POG Enterprises, Inc. S Special Exception for a fish camp Parcel ID: Land Development staff has reviewed the requested special exception application and provides the following comments: 1. The parcel has legal standing under the subdivision regulations. However, the applicant should consider submitting a subdivision exemption application to combine it with other adjacent similarly owned properties. 2. The project will require approval of a final site plan application. The requirement for conceptual site plan review may be waived.

13 Page 13 of 19 Approximate location of proposed commissary building. Gravel drive accessing Fish Camp. Looking toward east parcel.

14 Page 14 of 19 Looking toward west parcel. Looking toward docks. Looking west from docks.

15 Page 15 of 19 LAKE GEORGE VOLUSIA BAR RD ST JOHNS RIVER HUTCHINS CREEK ECO/NRMA REQUEST AREA SUBJECT PARCELS 1 inch = 1,000 feet VOLUSIA BAR FISH CAMP WATER ECO NRMA SPECIAL EXCEPTION I CASE NUMBER S

16 Page 16 of 19 LAKE GEORGE EAST PARCEL WEST PARCEL VOLUSIA BAR RD ST JOHNS RIV E HU R TC HI NS C R EE K AERIAL IMAGE YEAR: inch = 1,000 feet REQUEST AREA SUBJECT PARCELS VOLUSIA BAR FISH CAMP SPECIAL EXCEPTION I CASE NUMBER S

17 Page 17 of 19 LAKE GEORGE EAST PARCEL WEST PARCEL VOLUSIA BAR RD ST JOHNS RIV E HU R TC HI NS C R EE K AERIAL IMAGE YEAR: inch = 1,000 feet REQUEST AREA SUBJECT PARCELS VOLUSIA BAR FISH CAMP SPECIAL EXCEPTION I CASE NUMBER S

18 Page 18 of 19 LAKE GEORGE RC A-2 VOLUSIA BAR RD ST JOHNS RIVER HUTCHINS CREEK C ZONING CLASSIFICATION AGRICULTURAL CONSERVATION RESOURCE CORIDOR REQUEST AREA SUBJECT PARCEL VOLUSIA BAR FISH CAMP 1 inch = 1,000 feet I SPECIAL EXCEPTION CASE NUMBER S

19 Page 19 of 19 LAKE GEORGE AR ESC VOLUSIA BAR RD RREC W ST JOHNS RIVER ESC HUTCHINS CREEK CON CON FUTURE LAND USE DESIGNATION AGRICULTURE RESOURCE CONSERVATION ENVIRONMENTAL SYSTEMS CORRIDOR CON CON CON ESC ESC 1 inch = 1,000 feet RURAL RECREATION WATER REQUEST AREA VOLUSIA BAR FISH CAMP SUBJECT PARCEL SPECIAL EXCEPTION CASE NUMBER I S