GROWTH AND RESOURCE MANAGEMENT DEPARTMENT …campsites for Speedweek, Biketoberfest, Pepsi (Coke)...

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GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, Room 202, DeLand, FL 32720 (386) 943-7059

PUBLIC HEARING: February 12, 2013 - Planning and Land Development

Regulation Commission (PLDRC) CASE NO: PH-13-012 SUBJECT: 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, Biketoberfest, the Pepsi (Coke Zero) 400 and Bike Week, and related itinerant merchant sales and special events, pursuant to the Resolution Nos. 2000-54 and 2002-154 (Cabbage Patch BPUD).

LOCATION: 549 North County Road 415, New Smyrna Beach APPLICANT: Ronald Luznar OWNER: Same STAFF: Scott Ashley, AICP, Planning Manager

I. SUMMARY OF REQUEST

The applicant is requesting approval for temporary campsites, related vendors and special events for Speedweek, Biketoberfest, the Pepsi (Coke Zero) 400 and Bike Week for 2013 and 2014 under the provisions of Resolution Nos. 2000-54 and 2002-154, Cabbage Patch Business Planned Unit Development. Staff Recommendation: Approval, subject to the staff recommended conditions.

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II. SITE INFORMATION 1. Location: This property is located on the northeast corner of

County Road 415 (Tomoka Farms Road) and Pioneer Trail, near the Silver Sands Bridle Club, in the rural community of Samsula.

2. Parcel Number(s): 7211-00-00-0030 3. Property Size: ±4.2 acres 4. Council District: 3 5. Zoning: BPUD 6. Future Land Use: AR 7. ECO Map: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Location Maps

Location Map Aerial Map

DIRECTION ZONING FUTURE LAND USE

CURRENT USE

Subject Property BPUD Agriculture Resource

Bar & accessory structures

North: A-1 Agriculture Resource

Improved pasture

East: A-1 Agriculture Resource

Cleared & undeveloped property used for temporary campsite during annual special events

South: A-1 Agriculture Resource

Wooded & undeveloped used for temporary campsite during annual special events

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III. BACKGROUND AND PREVIOUS ACTIONS 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 Speedweek, Biketoberfest, the Pepsi (Coke Zero) 400 and Bike Week special events. It also 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 campsites and special events for a period of two years only. The PLDRC last reviewed this item under case PH-10-001, which allowed temporary camping and the bi-annual coleslaw wrestling events for 2010 to 2012. The applicant operated last year in compliance with all former conditions and without incident. IV. REVIEW CRITERIA AND ANALYSIS 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 2013 and 2014 during Bike Week and Biketoberfest events. Access to the camping area will be from an existing concrete driveway off County Road 415.

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 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;

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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. The proposed temporary campsite use has operated successfully since 2000, subject to the typical conditions applied to a temporary campsite without complaint. Staff does not anticipate that continued operation, per the conditions, would cause a loss of value of the surrounding real estate or become a hazard or public nuisance. III. 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, Biketoberfest, the Pepsi (Coke Zero) 400 and Bike Week, 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. The temporary campsites shall be limited to the areas as shown on the site

plan attached hereto. The temporary campsites shall only be open for operation three days before, during, and three days after the Daytona International Speedway for Speedweek, Biketoberfest, the Pepsi (Coke Zero) 400 and Bike Week events scheduled for 2013 and 2014.

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, Biketoberfest, Pepsi (Coke) 400, and Bike Week events scheduled for 2013 and 2014.

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 vehicles per acre, number of portable toilets, potable water and shower facilities shall be in accordance with the Volusia County Health Department requirements.

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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 Growth and Resource Management Department. A site plan with all signed contracts for portable toilets and garbage pick/clean up times(s) shall also be submitted to the Growth and Resource Management 30 days prior to Speedweek, Biketoberfest, Pepsi (Coke) 400, and Bike Week events scheduled for 2013 and 2014.

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, Biketoberfest, Pepsi (Coke) 400, and Bike Week events.

6. The Volusia County Sheriff's Office, Finance, Fire Services, and Growth and

Resource Management Department, 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 campsite 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 campsite 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 2A-40BC.

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 campsite shall state that no direct discharge of any wastewater from any recreational vehicle will be permitted.

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.

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10. The temporary campsite 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. All 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.

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 County Road 415 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 Speedweek, Biketoberfest, Pepsi (Coke Zero) 400, and Bike Week events scheduled for 2013 and 2014.

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 campsite facility. The contract shall require a provision for garbage to be collected 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.

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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 campsite shall not be resumed without approval of another Public Hearing in accordance with Resolution No. 2002-154.

VI. ATTACHMENTS

• Written Explanation • Survey and campsite site plan • Reviewer comments • PH-10-001 PLDRC rendition letter • Maps

VII. AUTHORITY AND PROCEDURE Pursuant to Section 72-415, the County Council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a special exception application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant. Any new information to be presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission. Any new information to be presented at the county council meeting that was not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

Jan 15, 2013

Roger Luznar

3862 Pioneer Trail

New Smyrna Beach, Fl. 32168

386‐405‐5525 cell or 386‐426‐2382

Scott Ashley

Volusia County Zoning Dept.

RE: Cabbage Patch BPUD

Dear, Scott

Please accept the letter for a public hearing before the PLDRC for the Cabbage Patch BPUD to allow camping use for special events during speed weeks, Bikeweek , July races, and Biketoberfest.. As you know, the Cabbage Patch BPUD contemplates temporary campsites in it use. This use may be approved for two years after a public hearing by PLDRC. Please see Volusia County Resolution # 2000‐54

We request a hearing at the next PLDRC hearing in Jan/ Feb 2013. We will comply with the due public notice requirements as required by the BPUD. I have recently submitted a survey/site plan detailing the site locations of the campsite/vendor. The only camping on the site is that of vendors that have an IML’s and stay within their vending space to keep it secure. We have approximately 50 vendors that set up on the site. If there are any other reasonable requirements that the staff may have regarding this application please let me know as soon as possible, So that I may get them to you. I can be reached at 386‐405‐5525 or 386‐426‐2382. I have also submitted a check for the public hearing fee of $ 476.00.

Thank You,

Roger Luznar

ysomers

Received by E-mail

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01/16/13 YS 9:28

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REVIEW STAFF COMMENTS

LUZNAR PH-13-012

Volusia County Health Department Noble Bielby January 23, 2013 Comments: This project is a request for variance to the zoning ordinance of Volusia County, to allow a temporary campground during special events on a parcel of land located at 525 Tomoka Farms Road, New Smyrna Beach vicinity. The applicant shall obtain a temporary campground permit from this department, prior to each special event. The application shall indicate, on the application, approved wastewater disposal and an approved water supply. The Department poses no objection to the variance request.

GROWTH AND RESOURCE MANAGEMENT DEPARTMENT …campsites for Speedweek, Biketoberfest, Pepsi (Coke)...

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