181 State Road 415, New Smyrna Beach. Railey Harding & Allen, P.A. Barcelo Developments, Inc. Scott Ashley, AICP, Planning Manager

Transcription

1 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: February 12, Planning and Land Development Regulation Commission (PLDRC) S Special exception for a temporary and permanent asphalt batching and cement plant on Prime Agriculture (A-1) and Resource Corridor (RC) zoned property. 181 State Road 415, New Smyrna Beach Railey Harding & Allen, P.A. Barcelo Developments, Inc. Scott Ashley, AICP, Planning Manager I. SUMMARY OF REQUEST The applicant has applied for this special exception to establish a permanent asphalt batching plant on approximately 3.7 acres of a ±16.3-acre parcel along State Road 415 in Samsula. The proposed batching plant facility will locate on the Prime Agriculture (A-1) zoned portion of the subject property. An asphalt batching plant is a permitted special exception use in A-1. The project area is adjacent to State Road 415 and is currently a cleared pasture area, while the remainder of the subject property contains trees and other vegetation. Staff Recommendation: Forward to county council for final action with a recommendation of denial as staff finds the application does not fully meet all criteria for approval; however, staff has provided recommended conditions should the commission find that the criteria can be met. Page 1 of 9

2 II. SITE INFORMATION 1. Location: The property is located on the east side of State Road 415, north of Osteen, in the community of Samsula. 2. Parcel Number(s): Property Size: ±16.3 acres (request area ±3.7 acres) 4. Council District: 3 5. Zoning: A-1 and RC 6. Future Land Use: AR and ESC 7. ECO Map: Yes 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND CURRENT USE USE North: A-1 AR Single-family dwelling East: RC and A-1 ESC and AR Partially forested and pasture South: RC, A-1 and A-3 ESC, AR and Rural Undeveloped parcels West: BPUD R Contractor shop and storage 10. Location Maps Zoning Map Aerial Map Page 2 of 9

3 III. BACKGROUND AND PREVIOUS ACTIONS Area development consists mostly of low-density residential uses on acreage land and agricultural operations. Immediate uses include a single-family dwelling to the north, a mix of undeveloped and residentially developed parcels to the south, and a contractor s equipment and storage use across State Road 415 to the west. The New Smyrna Beach Speedway is located approximately one-third of a mile north at the intersection of State Roads 415 and 44. The applicant proposes to limit the special exception use to the westerly portion of the overall acre parcel. The intended batching facility and ancillary improvements will occupy a project area of about 3.7 acres. Per the applicant, the proposed plant operational schedule is 7 a.m. to 5:30 p.m., Monday through Friday. The applicant chose this particular property due to its central Volusia County location, and its proximity to the intersection of State Road 415 and State Road 44. From the intersection of these two major transportation corridors, the applicant can gain access to all of the major roadways in Volusia County. Additionally the central site location provides access to two federal interstate highways. Material used to supply the batching facility will be transported from a rail yard situated in New Smyrna Beach. IV. REVIEW CRITERIA AND ANALYSIS Permanent Batching Plant Code Requirements - Section (9) of the zoning code contains a list of requirements and conditions that an applicant must meet to find this special exception request in compliance with the ordinance, which have been attached to the report as appendix A. Site Plan A site plan provided with the application that exhibits the following: Proposed permanent batching facility consisting of multiple integrated components. Proposed 12-foot x 40-foot operator control center with off-street parking area. Proposed six bin material stockpile area on the eastern side of the project area. A planned, dry stormwater retention area adjacent to State Road 415. Two proposed driveway connections onto State Road This plan is conceptual in nature and does not constitute final site plan approval. Pursuant to the zoning code, a detailed review of this development will take place during a Final Site Plan review process to assure compliance with applicable sections of Chapter 72 of the Code of Ordinances, including but not limited to, landscaping, off-street parking and stormwater management prior to construction of the facility. However, an initial review of the attached site plan has generated the following staff comments: Page 3 of 9

4 1. The proposed plan does not clearly indicate that the proposed facility complies with the setback requirements of section (9). Review of the scaled plan shows the proposed batching plant is less than 150 feet from the State Road 415 right-ofway/west property line. The plan also states the maximum height of the structure will be 70 feet, which is 25 feet higher than permitted under the A-1 zoning classification. The applicant shall revise the plan height to reference a maximum building height of 45 feet or the applicant must obtain a variance. 2. The proposed development area is a cleared pasture, so there is very limited visual screening from State Road 415. An appropriate landscaped buffer is needed to screen the use from adjoining properties. Some open-air special exception uses, such as an air curtain incinerator, construction and demolition debris disposal facility, and an excavation, are required to provide a 50-foot buffer adjacent to all property boundaries. 3. Environmental staff indicates the property area east of the clearing is part of a wetland system. An upland buffer of 25 feet from the wetland is required. Special Exception Criteria 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: (a) It is inconsistent with the purpose or intent of this ordinance. The purpose and intent of the zoning code is to prevent undue traffic congestion; to secure safety from fire; to promote public health, safety and welfare; to provide adequate light and air; to prevent rural urbanization; to retain productive agricultural areas; and to facilitate the provision of essential governmental services, such as transportation, water, sewage disposal, schools and parks. Batching plant operations serve a necessary function in providing transportation infrastructure to the community. The special exception application can be consistent with the purpose and intent of the zoning code with conditions of approval. Staff recommends multiple conditions of approval to mitigate the potential noise, dust, light and visual nuisances created by a batching plant operation. (b) It is inconsistent with any element of the comprehensive plan. The property is located within the Samsula Local Plan and has an Agriculture Resource future land use designation. The A-1 zoning classification is assumed compatible with the Agricultural Resource designation according to the compatibility matrix of the comprehensive plan. The A-1 zoning classification allows batching plants as a permitted special exception. Therefore, the request for batching plant operations is conditionally compatible with the Agricultural Resource area of the property. The goal of the Samsula Local Plan is to maintain the existing rural, agricultural, natural cultural and scenic values associated with the Samsula Community within a framework, which will allow for growth compatible with the established development pattern and current land use policies. In addition, the following policy is applicable to this request: Page 4 of 9

5 Nonresidential development may be permitted within rural areas provided it meets the appropriate location criteria and the following standards:. d. Industrial uses should not disrupt the rural lifestyle in the community by not generating excessive noise, fumes, traffic, wastes/pollution, or consuming inordinate amounts of ground water. In addition, industrial uses shall not be located within Rural Recreation areas. The special exception application can be made consistent with the comprehensive plan with conditions. Staff recommends multiple conditions to mitigate the potential noise, dust, light and visual nuisances created by a batching plant operation. (c) It will adversely affect the public interest. Batching plants are a permitted special exception in the A-1 zoning classification, because of the classification s large lot size standard and corresponding low density. Given the large parcel size, property location, special exception required setbacks, and staffrecommended condition no. 4, requiring a 50-foot landscaped buffer, staff finds that the use will not adversely affect the public interest and complies with this criterion. (d) It does not meet the expressed requirements of the applicable special exception. Section (9) of the zoning code provides seven special exception criteria for a permanent asphalt batching plant. Specifically, subsection (9)(c) requires that all batching facilities be set back at least 100 feet from any perimeter property line and no closer than 150 feet to any road, nor closer than 300 feet to any existing residential dwelling. An existing residential dwelling may be within 300 feet of the property, but the special exception plan does not show compliance with this setback. Per the plan, the plant is less than 150 feet from State Road 415. Staff has recommended a condition requiring that all permitted materials to be maintained in a neat and orderly manner, and they be covered and/or wet down regularly so as to prevent debris from leaving the area of the site. The applicant shall submit a dust control plan for review and approval before issuance of a development order. This condition satisfies criterion (9) (d). According to section (9) (f) the county council may limit the time of day during, which the batching plant may be operated. Staff has recommended a condition that limits the hours of operation from between 7 a.m. to 5:30 p.m., Monday through Friday, as put forth by the applicant. The application does not fully meet the expressed requirements of the applicable special exception criteria of the zoning code without the conditions as recommended by staff. Page 5 of 9

6 (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 must meet the requirements of the special exception as well as permitting requirements by any applicable federal, state, and local agencies. (f) Notwithstanding the provisions of article XIV of the land development code [appendix A], it will generate undue traffic congestion. The property will access a two-lane state highway designed to accommodate a high volume of traffic. Staff will review a development approval request to assure compliance with applicable code requirements and assess any impacts to the transportation system. This use should not cause undue traffic congestion. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. DUST: Staff has recommended condition no. 5 that reads, All permitted materials shall be maintained in a neat and orderly manner and shall be covered and/or wet down regularly so as to prevent debris from leaving the area of the site. The applicant shall submit a dust control plan for review and approval before issuance of a development order. NOISE: The existing Code of Ordinances, Section regulates noise for the county. Staff has recommended a condition that requires compliance with the County s noise ordinance for the batching plant operations. Table 1 of the noise ordinance is reproduced as follows: TABLE INSET: TABLE I DECIBEL LIMITS BY RECIEVING LAND USE OCCUPANCY Receiving Use Occupancy Category Residential Commercial or tourist Time 7:00 a.m. to 10:00 p.m. After 10:00 p.m. to 6:59 a.m. 7:00 a.m. to 10:00 p.m. After 10:00 p.m. to 6:59 a.m. Sound Level Limit (dba) Manufacturing At all times 75 Agricultural At all times 75 (Section , Table 1, County Code of Ordinances) LIGHT: Staff has recommended a condition no. 8 to establish lighting standards for the batch plant site. The application with staff recommended conditions could meet this criterion for approval. Page 6 of 9

7 (h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings. The character of the surrounding area is rural with acreage home sites and pastureland, but it also includes two contractor equipment and material storage uses and a racetrack. The proposed special exception use could materially alter the character of the existing neighborhood or adversely affect the value of the surrounding land, structures, or buildings. To address the adjacency issue between nearby residences and the proposed special exception for a batching plant, staff has recommended a condition that reads, The maximum height of the batching plant equipment/structures shall not exceed 45 feet above the ground level, unless otherwise approved by a variance. Additionally, staff recommends the applicant provide visual screening in accordance with staff-recommended condition no. 4 that reads, The landscape buffers shall consist of existing native and planted vegetation shall comply with section of the zoning code. In as much as possible, the 50-foot landscape buffers shall be kept in their natural state. Additional landscaping shall be provided where necessary to supplement existing vegetation in order to meet the minimum landscaping requirements of section , Table I, Landscape Buffer Requirements, item 27 of the zoning code. The minimum landscaped buffer width shall be 50 feet. With conditions, the special exception will not materially alter the character of the surrounding area that has a mix of residential and non-residential uses currently allowed and in operation. (i)it will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. The proposed use will be located on the existing cleared portion of the property. No additional property clearing is planned for the use. On-site wetlands shall be protected per provision of the county land development code. Staff recommended conditions reduce the visual impact of the batching plant by limiting the height of its structures and providing a landscaped screen. The special exception should not adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution, with conditions recommended by staff. V. STAFF RECOMMENDATION Staff finds that application does not fully meet all criteria for staff to recommend approval of the special exception for a permanent asphalt batching plant on Prime Agriculture (A-1) and Resource Corridor (RC) zoned property. If the PLDRC finds that the application can meet code criteria, plans to forward the request to the county council with a recommendation of approval, staff would recommend the following conditions: Page 7 of 9

8 1. The proposed asphalt batch plant shall comply with the special exception criteria of subsection (9) of the zoning code, including but not limited to, the batching facility and its appurtenances shall be located no closer than 150 feet to the nearest public road; and shall be located no closer than 100 feet to any perimeter property lines, and shall be located no closer than 300 feet to any existing residential dwelling. 2. A final site plan shall be prepared and submitted for review and approval in the manner required by the county land development code. The plan shall generally comply with the attached special exception plan, as may be modified during the site review process to comply with the county code. 3. The maximum height of the batching plant equipment/structures shall not exceed 45 feet above the ground level, unless otherwise approved by a variance. 4. The landscape buffers shall consist of existing native and planted vegetation and shall comply with section of the zoning code. In as much as possible, the landscape buffers shall be kept in their natural state. Additional landscaping shall be provided where necessary to supplement existing vegetation in order to meet the minimum landscaping requirements of section , Table I, Landscape Buffer Requirements, item 27 of the zoning code. The minimum perimeter landscaped buffer width shall be 50 feet. 5. All permitted materials shall be maintained in a neat and orderly manner and shall be covered and/or wet down regularly so as to prevent debris from leaving the area of the site. The applicant shall submit a dust control plan for review and approval before issuance of a development order. 6. The batching plant hours of operation shall be from 7 a.m. to 5:30 p.m., Monday through Friday. 7. The owner shall file a final site plan for the batching plant within twelve months from rendition of this special exception. Failure to timely file said final site plan shall immediately render the special exception void unless otherwise extended. 8. Illumination of the property is limited to the driveway entrances and within the proposed project area delineated on the attached special exception plan. The applicant shall submit a signed and sealed illumination plan during site plan review that indicates the light sources, total lumens and foot candle measurements of the project. No light trespass is permitted outside the project area. Therefore, the foot-candle (fc) measurement at the project boundary shall not exceed 0.05 fc. All light sources shall be shielded and directed away State Road 415 and from the parcels to the north and to the south. 9. The county s noise ordinance, Section applies to the batching plant operations. Page 8 of 9

9 10. Any applicable federal or state permits shall be obtained as required and submitted to the Planning and Development Services. The proposed facility shall be maintained and operated in full accordance with all applicable regulations and permits. 11. Applicant will address the concerns of the County Traffic Engineer during final site plan review. 12. The uses, structures, and activities shall be limited to those shown on the attached conceptual site plan. Any additional uses or activities shall require an amendment to this special exception. VI. ATTACHMENTS Written Explanation Survey and special exception site plan Appendix A - Section (9) Reviewer comments Maps 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. Page 9 of 9