GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 W. Indiana Avenue, DeLand, FL 32720 (386) 736-5959

PUBLIC HEARING: December 12, 2017 – Planning and Land Development Regulation

Commission (PLDRC) CASE NO: Z-18-008 SUBJECT: Rezoning the Southwest Activity Center (SWAC) Local Plan Area by

creating two new zoning classifications and an overlay zone. From: Urban Single Family (Activity Center)

Urban Single Family Thoroughfare Overlay (Activity Center) Prime Agriculture (Activity Center) Prime Agriculture Thoroughfare Overlay (Activity Center) Light Industrial (Activity Center) Light Industrial Thoroughfare Overlay (Activity Center) Transitional Agriculture (Activity Center) Transitional Agriculture Thoroughfare Overlay (Activity Center)

To: Southwest Activity Center Commerce

Southwest Activity Center Community

LOCATION: The northwest and southwest quadrants of the intersection of SR 472 and Martin Luther King Jr. Beltway/CR 4101.

APPLICANT: Growth and Resource Management STAFF: Susan Jackson, AICP, Senior Planning Manager I. SUMMARY OF REQUEST The Southwest Activity Center (SWAC) Development of Regional Impact (DRI) is proposed to be formally abandoned in the near future. In preparation for this action, the county is proposing a comprehensive plan amendment to the SWAC Local Plan to remove references and policies directly related to the DRI. As a companion application to the comprehensive plan amendment, the county proposes to rezone the properties to corresponding new zoning classifications and provide development guidelines through application of an overlay zone. Staff Recommendation: Forward the rezoning application, case number Z-18-008 to county council for final action with a recommendation of approval.

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II. SITE INFORMATION 1. Location: Generally located west of Martin Luther King Beltway, on both the

north and south sides of State Road 472. 2. Parcel ID Numbers: 800100000010, 800100000020, 800100000021, 800100000030,

800100000032, 800100000080, 800100000220, 800100000221, 800100000240, 800100000241, 800100000250, 800100000280, 800102060130, 800102070130, 800102080130, 800102100130, 800102080150, 800102070160, 800102080160, 800102060180, 800102100180, 800102060200, 800102070200, 800102100200, 800102090210, 800102070220, 800102090240

3. Property size: Approximately 442 acres 4. County Council District: 1 5. Future Land Use: Activity Center 6. Zoning: 7. ECO Map: No 8. NRMA Overlay: No

9. Adjacent Zoning and Land Use:

R-4(2) Urban Single Family (Activity Center) R-4C(2) Urban Single Family Thoroughfare Overlay (Activity

Center) A-1(2) Prime Agriculture (Activity Center) A-1C(2) Prime Agriculture Thoroughfare Overlay (Activity Center) I-1(2) Light Industrial (Activity Center) I-1C(2) Light Industrial Thoroughfare Overlay (Activity Center) A-3(2) Transitional Agriculture (Activity Center) A-3C(2) Transitional Agriculture Thoroughfare Overlay (Activity

Center)

Direction Future Land Use Zoning Existing Use

North City of DeLand – New Community Development

City of DeLand - Victoria Park PD

Single-family small lot subdivision

East North of SR 472

City of DeLand - SWAC DRI (Mixed Office, West Central District)

City of DeLand - R-4

Vacant/ Wooded

East South side of 472

Orange City - Mixed Use Activity Center and Mixed Use

Orange City - Mixed Use Activity Center and Mixed Use.

Vacant/ Wooded

South Urban Low Intensity Rural Residential Vacant/ Wooded West North of SR 472

City of DeLand Industrial

City of DeLand Industrial

Utility office/warehouse and TG Lee Foods facility

West South side of 472

Urban Low Intensity

A-4, R-3, R-4 Large lot single-family

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10. Maps

Current Zoning Proposed Zoning

Current Future Land Use Proposed Future Land Use III. BACKGROUND AND OVERVIEW The Southwest Activity Center (SWAC) was first designated on the comprehensive plan future land use map in 1990 as an area appropriate for significant employment-based development. In 1994 a Local Plan was adopted into the future land use element to encourage and guide

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responsible development of this area. In 2003 the Activity Center evolved into a multijurisdictional Development of Regional Impact (DRI). The DRI was called the Interstate-4/State Road 472 Activity Center Areawide DRI. It encompassed over 1,800 acres and involved three jurisdictions: Volusia County, the City of DeLand and the City of Deltona. Following adoption of the DRI, Volusia County amended the SWAC Local Plan in the comprehensive plan to reference the DRI and incorporate certain elements thereof. The downturn in the economy combined with adoption of revised concurrency regulations at the state level dampened the enthusiasm for maintaining this DRI. The City of Deltona repealed its portion of the DRI in 2010. In 2015, Orange City annexed approximately 72 acres from the county and rescinded the DRI applicable to those properties. Of the original 1,800 acres, only 671 acres still remain within the DRI: approximately 229 acres within the City of DeLand and approximately 442 acres within unincorporated Volusia County. The City of DeLand and Volusia County seek to abandon their respective portions of the DRI. As a prerequisite to abandoning the DRI, the county needs to amend the Southwest Activity Center Local Plan to remove references to the DRI and provide for a coordinated plan for development of the 442 acres within the County’s jurisdiction. This application also seeks to preserve the development entitlements applied to the area through the DRI, subject to meeting standard concurrency requirements. Additionally, two new land use designation subcategories are proposed to replace those assigned through the DRI. This application is presented under separate cover, reference case CPA-18-001. The zoning classifications of the SWAC Local Plan area have remained the standard classifications as assigned in 1980s. The classifications are listed under section II.6 Site Information/Zoning, above. Per the current Local Plan policy 1.1.5, if a proposed development were to come forward within the Activity Center, it would be required to rezone to the Planned Unit Development zoning classification. To date there has been one application for a PUD rezoning within the Activity Center. The majority of the property remains undeveloped or held in agricultural uses. Therefore, in order to assist and encourage quality economic development of the area, the county proposes to establish two new zoning classifications that mirror the proposed future land use designations presented with the companion future land use amendment. The proposed zoning classifications identify “permitted” and special exception” uses. The proposal also includes an overlay zone to guide the design of potential projects. The overlay zone addresses specific requirements pertaining to parking, access management, landscape buffers, site design, lighting and architectural standards. The purpose of creating the zoning classifications and overlay zone is to allow potential developers who meet these specific standards to proceed through the development process in a timelier manner.

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The proposed zoning classifications and their descriptions are:

SOUTHWEST ACTIVITY CENTER COMMERCE (SWC): The intent of the SWC classification is to facilitate a mixed-use, multipurpose district where land use flexibility and design creativity are encouraged. The SWC classification is designed for moderate to higher intensity development in order to create a high-value employment center featuring corporate and general professional office space, research facilities, light manufacturing, flex office/warehouse space, retail uses, hotel uses and vertically mixed residential uses.

SOUTHWEST ACTIVITY CENTER COMMUNITY (SWR): The purpose of the SWR classification is to facilitate a variety of housing choices to support the Activity Center employment base. This classification is designed to provide a transition in intensity from the SWC classification to the surrounding low intensity uses outside the Southwest Activity Center. Housing types in the SWR can include single-family dwellings on individual lots, townhomes, or medium density, low rise multifamily formats. Commercial and personal service uses are also permitted at a neighborhood scale and in appropriate locations, and shall be limited to those uses that provide convenience goods and services for the residents of the surrounding area.

Each new zoning classification contains the following elements:

Permitted principal and special exception uses that meet the intent of the classification description.

Maximum and minimum densities and intensities. Building height requirements. Yard size (setback) requirements Lot size minimums Lot coverage maximums

The associated overlay zone provides additional development standards that are geared toward improving the form and function of the area. These will be incorporated into article 4 of Chapter 72 – Land Planning and apply specifically to this Local Plan area. Elements of the overlay zone include:

General Design considerations o Building façade orientation o Pedestrian connectivity and amenities

Architectural standards

o Nonresidential and multifamily design standards o Consistency in architectural theme o Solar and green building practices o Fleet parking screening

Off-street parking and access

o Pervious parking spaces o Shared access o Coordination with Votran

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Outdoor lighting o Light fixtures to be directed downward and fully shielded o Poles and fixtures to be architecturally consistent o Lumens capped at an average of two foot-candles per acre

Open space and tree preservation

o Interconnection of preserved natural areas o Stormwater systems to incorporate passive recreation

Landscaping

o Roadway buffer widths and planting schedules consistent with thoroughfare overlay standards.

o Buffer widths and planting schedules for adjacent properties consistent with equivalent zoning classification standards.

The total acreage proposed for this rezoning is ±442 acres. The acreages of existing and proposed zoning classifications are presented in the tables below.

Existing Zoning Classification Abbreviation Acreage Urban Single Family (Activity Center) R-4(2) 224.7Urban Single Family Thoroughfare Overlay (Activity Center) R-4C(2) 32.6Prime Agriculture (Activity Center) A-1(2) 2.8Prime Agriculture Thoroughfare Overlay (Activity Center) A-1C(2) 1.8Light Industrial (Activity Center) I-1(2) 21.6Light Industrial Thoroughfare Overlay (Activity Center) I-1C(2) 4.4Transitional Agriculture (Activity Center) A-3(2) 121.5Transitional Agriculture Thoroughfare Overlay (Activity Center) A-3C(2) 32.6 Total 442

Proposed Zoning Classification Abbreviation Acreage Southwest Activity Center Commerce SWC 235Southwest Activity Center Community SWR 207 Total 442 Although the majority of the property within the Activity Center is either undeveloped or held in agricultural uses, there are two parcels that are developed with industrial uses: the Cemex Construction Materials site and the Kobrin Builders Supply site. Cemex is a cement batching facility, located on the south side of SR 472, west of the intersection with Martin Luther King Jr. Beltway. Kobrin Builders Supply is located on the north side of SR 472, across from the Cemex facility. Its website indicates that it sells products such as drywall, steel, insulation, metal lath, plaster, stucco, and tools used in the building trades. These uses were in place prior to the Areawide DRI and prior to the adoption of the Southwest Activity Center Local Plan. Policy 1.1.7 of the current Local Plan, and policy 1.1.6 of the proposed Local Plan amendment, acknowledge that existing uses within the Southwest Activity Center may continue, but any new development or expansion of existing uses shall be consistent with the future land use designations for the Activity Center. By extension, they will also be required to be consistent with this rezoning.

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IV. REVIEW CRITERIA

Section 72-414(e) of the zoning code includes the following criteria for review of rezoning applications: (1) Whether it is consistent with all adopted elements of the comprehensive plan. The proposed zoning classifications and overlay standards are consistent with the comprehensive plan, subject to adoption of the companion future land use amendment to the Southwest Activity Center (case CPA 18-001). The new zoning classifications mirror the proposed future land use sub-designations, and the overlay standards implement the policies of the Local Plan. The Future Land Use/Zoning Consistency Matrix contained in the comprehensive plan is being amended to include the new SWC and SWR zoning classifications. The new zoning classifications and all Planned Unit Development (PUD) classifications will be assumed compatible. Public and Conservation zoning classifications will be conditionally compatible. Further, this zoning ordinance is supported by numerous policies within the comprehensive plan. The following policies are generally applicable: Future Land Use Element 1.1.1.7 Regional shopping centers should be served by mass transportation routes and

designed to accommodate mass transit riders, vehicles and amenities. 1.1.3 Volusia County shall limit urban sprawl by directing urban growth to those areas

where public facilities and services are available inside designated service areas and within urban areas.

1.1.3.1 Future urban development requiring access or connection to public facilities shall

be located within designated urban areas. 1.1.3.3 Inside designated urban areas development orders cannot be issued unless the

services are provided at the adopted level of service consistent with the concurrency provisions of the Capital Improvements Element.

1.1.4.1 Volusia County shall require sufficient setbacks and buffers for residential and

nonresidential development adjacent to future collector and arterial roadways to minimize the impacts resulting from future Thoroughfare System improvements.

1.1.4.9 Access to thoroughfares shall be managed utilizing appropriate access

management techniques in order to protect roadway capacity and enhance safety.

1.2 Future development shall be designed and located in a manner that protects the

County's natural resources, particularly environmentally sensitive areas. 1.2.2.16 In implementing the Future Land Use Element, the County shall maintain

regulations to ensure to the maximum extent feasible, compatibility of use

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between properties, including but not limited to such factors as traffic circulation, air quality and odor control, noise control, lighting and aesthetics.

1.2.3.3 Volusia County shall require a landscaped buffer between all commercial areas

and highway frontage in conjunction with sign controls to enhance community aesthetics, maintain neighborhood viability, reduce glare and shade parking areas.

1.2.3.6 Mixed use developments that contain a variety of complementary land uses that

are planned and constructed in a coordinated fashion will be encouraged to locate near major interstate interchanges.

1.3 Provide a variety of land uses sufficient to meet future needs while minimizing

adverse impacts and disruption of existing neighborhoods. 1.3.1 Volusia County shall provide for adequate and appropriate lands for the location

of all land use types (residential, commercial, industrial, agricultural, recreational, conservation and public facility) to support the anticipated population and maximize compatibility with existing uses.

1.3.1.5 All new development, including change of use, shall provide the appropriate on-

site parking for the proposed use in conjunction with providing safe and efficient traffic flow, consistent with County Land Development Regulations. On-site parking may include shared parking or shared access with adjacent uses. Safe and efficient traffic flow includes maintaining the efficient usage of the County's or adjacent jurisdictions thoroughfare system and providing interconnections between projects.

1.3.1.7 Residential neighborhoods and other residential areas shall be protected from

encroachment by incompatible land uses such as commercial and industrial development. The type of protection may range from landscape buffers to land use buffers to preventing the location of a particular land use near a residential area. Selecting the appropriate type of protection shall depend upon the intensity of the commercial or industrial use adjacent to the residential use. Compatibility protection may also be needed between varying residential intensities.

1.3.1.11 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.

1.3.1.15 Industrial uses should not be located adjacent to residential areas. If this cannot

be avoided, then extensive buffering and visual screening shall be used to protect existing residential areas from possible adverse impacts. New residential developments adjacent to industrial zoning shall be required to provide their appropriate share of buffering.

1.3.3.2 The Future Land Use Element shall allow for various types, sizes and costs of

dwelling units in any designation that allows residential uses.

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Transportation Element 2.1.1.22 Volusia County has developed and will maintain land use regulations for the safe

and efficient movement of pedestrians within all new development proposals. 2.1.2 Volusia County shall coordinate the transportation system with the Future Land

Use Element to ensure compatibility between land use and the thoroughfare system necessary to support it.

2.1.2.3 The Transportation Element shall be coordinated with the Future Land Use

Element to ensure that future high intensity areas are served by public transportation.

2.1.2.8 Residential neighborhoods shall be buffered away from the impacts of high traffic

volumes due to the Thoroughfare Roadway System. 2.1.2.9 Volusia County has developed and will maintain land use regulations which will

provide for the safe and efficient movement of local traffic and will discourage through traffic on residential streets.

2.1.5.3 Volusia County shall work to include VOTRAN’s Transit Development Design

Guidelines and establish land use, site, and building design guidelines for development in exclusive public transportation corridors to assure the accessibility of new development to public transportation.

2.1.10 Encourage bicycle use and pedestrian activity throughout Volusia County. 2.1.10.4 Volusia County shall include sidewalks alongside all roadways as consistent with

the requirements of the Land Development Code.

(2) Its impact upon the environment or natural resources. Approval of this rezoning will not impose additional impacts to the environment or natural resources. The Activity Center is not within the Natural Resource Management Area Overlay or the Environmental Core Overlay. It is not within any flood hazard zone. It is within gopher tortoise and scrub jay habitat. Any development proposed in the future shall be required to meet all zoning and land development code requirements, as well as applicable state, federal and local regulations. Any impacts to the environment will be addressed during the development review and permitting processes. (3) Its impact upon the economy of any affected area. Although the impact on the economy of the Local Plan area is difficult to quantify, the intent is to provide zoning and development regulations that will encourage and enable quality, sustainable development of the Southwest Activity Center. Positive economic impacts are expected to result. These regulations provide a mechanism for ensuring that the property reaches its development potential within the framework of the Local Plan policies.

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(4) Notwithstanding the provisions of division 14 of the Land Development Code [article III], its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems. This rezoning does not change the approved theoretical maximums of development density or intensity of the Southwest Activity Center Local Plan area. It does not increase the number of dwelling units or the amount of nonresidential uses envisioned for this area since the adoption of the Areawide DRI. Therefore, this amendment does not increase anticipated impacts to concurrency monitored public facilities. All development within the Activity Center will be required to meet level of service standards at the time of development. The following summarizes how the proposed amendment addresses potential impacts to the facilities:

1. Transportation: The DRI Development Order contains certain conditions to ensure level of service is maintained. These conditions were intended to be implemented jointly by all parties to the DRI. They generally include transportation network improvements triggered by phasing and external trip levels. Since Deltona and Orange City have repealed the DRI for their respective jurisdictions, the conditions fall to the remaining parties. This is unfairly burdensome to the potential developments within the County or the City of DeLand. Under the proposed amendment, transportation impacts will be assessed once a site development plan application showing the intended specific uses is submitted for review, pursuant to the River to Sea Transportation Planning Organization’s (R2CTPO) Transportation Impact Analysis (TIA) Guidelines. Impacts to deficient roadway sections or intersections will be mitigated and coordinated with adjacent jurisdictions and agencies. Mitigation required to address those impacts will be determined as part of the concurrency analysis for that project. Any such improvements will be required as a condition of development approval. The Areawide DRI Development Order included vesting of up to 45,500 external daily vehicle trips for phase 1a of the entire DRI, which included the cities of DeLand and Deltona. Condition 25 of the Development Order allocated 18,500 of these trips to the unincorporated portion of the DRI. The condition included a provision that the cities and county enter into interlocal agreements to allocate trips per jurisdiction, and absent the interlocal agreement, the allocation would be a pro-rata share based on percentage of land area in each jurisdiction. This meant that there were 18,500 net external trips vested in Phase 1a of the DRI for the 568 acres (per the Development Order legal description) within the jurisdiction of Volusia County. This translates into 32.5 trips per acre. When Orange City annexed 72 acres in 2015, the city and county did not have an interlocal agreement in place, and the city rescinded the DRI Development order without provisions for a prorated share of the vested trips. Volusia County is honoring the terms of Condition 25, however, and shall deduct 2,340 net external trips from the original allocation to establish a new trip vesting of 16,160 net external trips. These trips shall be equitably distributed between districts on a percentage basis as follows:

Southwest Commerce District: 8,565 net external daily trips Southwest Community District: 7,595 net external daily trips

See attached memorandum from Transportation Engineering.

2. Potable Water: This amendment does not increase development entitlements of the Activity Center and therefore there is no anticipated increase in potable water demand associated with this amendment. The Activity Center is served by the Volusia County Deltona North Water Treatment Facility. This facility has a wellfield capacity of 2.111 million gallons per day (MGD) and a plant capacity of 1.500 MGD. The average daily demand is currently 0.630

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MGD. Additionally, in May, 2005, a 16-inch water main was installed along State Road 472 and Martin Luther King Beltway and cleared for use in anticipation of development within the Activity Center.

3. Sanitary Sewer: This amendment does not increase development entitlements of the

Activity Center and therefore there is no anticipated increase in sanitary sewer demand associated with this amendment. The Activity Center is served by the Volusia County Deltona North Water Treatment Facility. This facility has a plant capacity of 0.600 MGD. The current average daily demand is 0.273 MGD. In anticipation of development within the Activity Center, sanitary sewer lines were installed along State Road 472 and Martin Luther King Beltway, and a waste water force main and lift station were installed and cleared for use in January 2006.

4. Storm water: Stormwater LOS for development proposed within the Activity Center will be addressed during the development review process. The county requires development to meet the stormwater management standards of the Volusia County Land Development Code. In addition, proposed development will be required to apply for a stormwater permit from St. Johns River Water Management District.

5. Solid Waste: The site is served by the Tomoka Farms Road Solid Waste Facility. The adopted level of service standard for solid waste capacity is a minimum of 5 years of construction life. The current remaining disposal capacity of this facility is 3,035,355 cubic yards. Based on average per capita utilization rates and population projections from the Office of Economic and Demographic Research, this facility has a permitted capacity of over seven years and a construction capacity projected to July 2041. Additionally, the facility has been permitted for expansion by the Florida Department of Environmental Protection, but the expansion has not yet been constructed and certified for disposal. The Tomoka landfill currently has adequate capacity to meet LOS standards.

6. Schools: The proposed amendment does not increase the number of residential units that would be allowed under the existing Local Plan and therefore would not technically increase the student load on the Volusia County school system over what is currently allowed. Any proposed residential development shall be subject to the Volusia County School Board’s School Capacity Analysis and Concurrency Review process. 7. Public Protection: The Local Plan area is served by Volusia County Sheriff’s office and Volusia County Fire Rescue. (5) Any changes in circumstances or conditions affecting the area. The primary factor contributing to this proposed rezoning is the recision of the Areawide DRI by the other jurisdictions originally involved. As explained above, the City of Deltona repealed its portion of the DRI in 2010. Orange City annexed 72 acres from the county in 2015 and rescinded the DRI applicable to those properties. The City of DeLand is also seeking to repeal its portion of the DRI, pending the outcome of this action by the county. It is recognized that maintaining the DRI for the county jurisdiction only would unduly burden potential developments compared to the other jurisdicitons. Due to the location of this area and the infrastructure in place to support development, the county continues to envision this area as appropriate for significant and sustainable employment-based development. Tailoring the zoning and overlay standards to meet the original intent of the DRI development profile will continue to allow for the type of development envisioned for this area.

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(6) Any mistakes in the original classification. There are no mistakes in the property’s current zoning classifications. (7) Its effect upon the use or value of the affected area. The effect of rezoning these properties to mirror the proposed comprehensive plan future land use designations is anticipated to stabilize or increase the values of the affected areas by instituting clear and concise land use regulations for land owners and potential developers. Currently, the existing zoning classifications are not compatible with the proposed future land use designations. Clarifying the regulations through zoning classifications and an overlay zone addressing development standards should streamline the process and give assurance of development form for the area as a whole. (8) Its impact upon the public health, welfare, safety, or morals. The proposed rezoning will enhance the development standards of the subject area and ensure that the uses and form of development will meet the expectations originally contemplated with the establishment of the Areawide DRI. V. STAFF RECOMMENDATION

Staff finds the proposed rezoning consistent with the proposed comprehensive plan amendment and the rezoning evaluation criteria of Section 72-414(e) of the zoning code. Therefore, staff recommends the following: Forward the rezoning application, case number Z-18-008 to county council for final action with a recommendation of approval.

VI. ATTACHMENTS

Ordinance 2018-04 Traffic Engineering Memorandum Maps

The following documents are provided on the Volusia County website: https://www.volusia.org/services/growth-and-resource-management/planning-and-development/long-range-planning/Local-Plan-Areas/southwest-activity-center.stml

o Southwest Activity Center Local Plan (current and proposed) o Interstate 4/State Road 472 Areawide Development of Regional Impact

Development Order

VII. AUTHORITY AND PROCEDURE Pursuant to Section 72-414, 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 rezoning application

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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 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 presented at the county council meeting 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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ORDINANCE 2018-04 1 2

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA 3 COUNTY, FLORIDA AMENDING THE CODE OF ORDINANCES 4 OF THE COUNTY OF VOLUSIA, BY AMENDING CHAPTER 72, 5 ARTICLE I, DEFINITIONS, DEFINING MANUFACTURING AND 6 ASSEMBLY, LIGHT; AMENDING ARTICLE CHAPTER 72, 7 ARTICLE II, ZONING, ESTABLISHING THE SOUTHWEST 8 ACTIVITY CENTER COMMERCE ZONING DISTRICT AND 9 THE SOUTHWEST ACTIVITY CENTER COMMUNITY ZONING 10 DISTRICT; AMENDING CHAPTER 72, ARTICLE IV, 11 DIVISION 5, ESTABLISHING DEVELOPMENT STANDARDS 12 FOR SOUTHWEST ACTIVING CENTER ZONING 13 CLASSIFICATIONS; PROVIDING FOR SEVERALBILITY; 14 PROVIDING FOR CONFLICTING ORDINANCES; AND 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17

BE IT ORDAINED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AS 18 FOLLOWS: 19 20 (Words in strike through are deletions; words in underscore type are additions) 21 22 SECTION I. Chapter 72, Article I, Section 72-2 of the Code of Ordinances, County of Volusia, 23 is amended to read as follows: 24 25 AASHTO: The American Association of State Highway and Transportation Officials. 26 27 Abandon: Any cessation of an existing use of land or of any structure thereon for a period greater 28 than that specified by this chapter, other than a cessation necessarily incident to probate, bankruptcy or 29 mortgage foreclosure proceedings, or to the temporary absences of part-time residents. 30 31

* * * * * 32 33

Manufactured home: A structure, transportable in one or more sections, which is built on a 34 permanent chassis and designed to be used with or without a permanent foundation when connected to the 35 required utilities. The term also includes park trailers, travel trailers and similar transportable structures 36 placed on a site for 180 consecutive days or longer and intended to be improved property. 37 38 Manufacturing and assembly, light: 1) Product assembling or mixing, where previously processed 39 components of manufactured parts produced off-site are fitted together into a finished product or blended 40 together to form a non-combustible and non-explosive product; and 2) product packaging, including 41 bottling, canning, wrapping, and boxing of products assembled or manufactured off-site. Light 42 manufacturing and assembly does not include uses that produce noise, odors, vibration, hazardous waste 43 materials, or particulates that create significant negative impacts to adjacent land uses. All operations are 44 contained within a building. 45 46 Marina: A boat dock or basin with facilities for berthing, securing, fueling and servicing various 47 types of recreational watercraft. It may include the provision of supplies and storage. It does not include 48 boat docks that are accessory to residential uses. 49 50

* * * * * 51

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1 SECTION II. Chapter 72, Article II, Section 72-241 of the Code of Ordinances, County of 2 Volusia, is amended to read as follows: 3 4 Section 72-241. Classifications. 5 6 The following classifications and their included regulations are established: 7 8

C Conservation 9 P Public Use 10 FR Forestry Resource 11 RC Resource Corridor 12 A-1 Prime Agriculture 13 A-2 Rural Agriculture 14 A-3 Transitional Agriculture 15 A-4 Transitional Agriculture 16 RR Rural Residential 17 RA Rural Agricultural Estate 18 RE Residential Estate 19 R-1 Urban Single-Family Residential 20 R-2 Urban Single-Family Residential 21 R-3 Urban Single-Family Residential 22 R-4 Urban Single-Family Residential 23 R-5 Urban Single-Family Residential 24 R-6 Urban Two-Family Residential 25 R-7 Urban Multifamily Residential 26 R-8 Urban Multifamily Residential 27 R-9 Urban Single-family Residential 28 RPUD [Repealed] 29 MH-1 Mobile Home Park 30 MH-2 Mobile Home Park and Recreational Vehicle Park 31 MH-3 Rural Mobile Home 32 MH-4 Rural Mobile Home 33 MH-5 Urban Mobile Home 34 MH-6 Urban Mobile Home Subdivision 35 MH-7 Mobile Home Park 36 MH-8 Rural Mobile Home Estate 37 B-1 General Office, Hospital-Medical 38 B-2 Neighborhood Commercial 39 B-3 Shopping Center 40 B-4 General Commercial 41 B-5 Heavy Commercial 42 B-6 Highway Interchange Commercial 43 B-7 Commercial Marina 44 B-8 Tourist 45 B-9 General Office 46 BPUD [Repealed] 47 I-1 Light Industrial 48 I-2 Heavy Industrial 49 I-3 Waterfront Industrial 50 I-4 Industrial Park 51

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IPUD [Repealed] 1 PUD Planned Unit Development 2 OCV Osteen Commercial Village 3 OMV Osteen Mixed Use Village 4 OTC Osteen Tech Center 5 OUR Osteen Urban Residential 6 OTR Osteen Transitional Residential 7 ORE Osteen Rural Estate 8 OCR Osteen Cluster Residential 9 AP Airport Property 10 SWC Southwest Activity Center Commerce 11 SWR Southwest Activity Center Community 12 13

* * * * * 14 15

SOUTHWEST ACTIVITY CENTER COMMERCE 16 CLASSIFICATION (SWC) 17

18 Purpose and intent: The intent of the SWC classification is to facilitate a mixed-use, multipurpose 19 district where land use flexibility and design creativity are encouraged. The SWC classification is designed 20 for moderate to higher intensity development in order to create a high-value employment center featuring 21 corporate and general professional office space, research facilities, light manufacturing, flex 22 office/warehouse space, retail uses, hotel uses and vertically mixed residential uses. 23

24 Permitted principal uses and structures: In the SWC classification, no premises shall be used 25 except for the following uses and their customary accessory uses or structures: 26

27 Animal hospitals, veterinary clinics. 28 Art, dance, modeling and music schools. 29 Auditoriums, lecture halls, or conference rooms accessory to the principal use. 30 Bakeries, retail (including preparation of products for sale on the premises). 31 Bakery product manufacturers. 32 Bars and liquor stores. 33 Bars as accessory use to hotels and restaurants. 34 Barbershops, beauty shops, shoe repair shops. 35 Bowling alleys. 36 Catering services. 37 Communication towers not exceeding 70ft in height above ground level. 38 Computer and data processing. 39 Confectioners, retail (including the preparation of products for sale on the premises). 40 Convenience stores with more than 8 vehicular service positions per fuel dispenser island). 41 Convenience stores with or without fuel dispensers. 42 Convention halls or centers. 43 Cultural art centers. 44 Day care centers (refer to subsection 72-239(6)). 45 Dental laboratories. 46 Display and sale (retail or wholesale) of products or parts manufactured or assembled by the 47

manufacturer on the premises. 48 Electrical component manufacturer. 49 Essential utility services. 50

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Exempt excavations (refer to subsection 72-293(15)) or those which comply with division 8 of the 1 LDC of Volusia County [article III, herein]), or final site plan review procedures of this article. 2

Exempt landfills (refer to subsection 72-293(16)). 3 Financial institutions. 4 Fire stations. 5 Flex office/warehouse facility. 6 Funeral homes. 7 Game rooms or arcades for pool, billiards, pinball machines, jukeboxes or other coin operated 8

amusements. 9 General offices. 10 Government-sponsored civic centers. 11 Hardware/home improvement retail center. 12 Health clubs or spas (refer to subsection 72-1310(e)). 13 High tech uses. 14 Home occupations, class A (refer to subsection 72-283). 15 Hospitals. 16 Hotels/motels. 17 Houses of worship. 18 Laboratories. 19 Law enforcement facilities. 20 Laundry and dry cleaning establishments. 21 Libraries. 22 Manufacturing and assembly, light. 23 Medical and dental clinics. 24 Multifamily dwelling, vertically mixed or integrated with nonresidential uses (residential use may 25

be located on the second floor or above). 26 Museums. 27 Nightclubs. 28 Parks and recreation areas accessory to residential developments. 29 Pharmacies. 30 Pharmaceutical products, drugs, (compounding only). 31 Printing and engraving, including photostating and publishing. 32 Private clubs. 33 Public utility uses and structures. 34 Public schools. 35 Publicly owned parks and recreational areas. 36 Radio and television broadcasting stations. 37 Research and development establishment. 38 Restaurants, types A and B. 39 Retail sales and services. 40 Retail specialty shops. 41 Tailor shops. 42 Theatres. 43 Travel agencies. 44

45 Permitted special exceptions: Additional regulations/requirements governing permitted special 46 exceptions are located in sections 72-293 and 72-415 of this article. 47

48 Communication towers exceeding 70ft in height above ground level. 49

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Heliports and helipads, accessory to a principal use (the principal and accessory use are not required 1 to be on the same parcel, however, the accessory use must clearly serve the purpose of the 2 principal use to which it is affiliated). 3

Off-street parking areas (refer to subsection 72-293(14)), (the principal and accessory use are not 4 required to be on the same parcel, however, the accessory use must clearly serve the 5 purpose of the principal use to which it is affiliated). 6

Parking garages, (the principal and accessory use are not required to be on the same parcel, 7 however, the accessory use must clearly serve the purpose of the principal use to which it 8 is affiliated). 9

Public uses not listed as permitted principal uses. 10 11

Project development standards. Any mixed-use, multi-use, office park, shopping center, or 12 industrial park with more than one individual use or user shall be required to meet the following minimum 13 design standards. 14

15 Project size: 16 Area: 10 acres. 17 Width: 300 feet. 18 19 Out-parcels: 20 Area: 15,000 square feet. 21 Width: 75 feet. 22 23 Note: Access to out-parcels shall be internal to the project only. No outparcel shall have 24 direct access to a thoroughfare road. 25 26 Yard size (excluding out-parcels): 27 Front: 100 feet. 28 Rear: 50 feet. 29 Side: 50 feet. 30 Waterfront: 50 feet. 31 32 Yard size for outparcels: 33 Front: 35 feet. 34 Rear: 10 feet if abutting SWC zoned land within the project. 35 50 feet if out-parcel abuts nonresidential classified land outside project. 36 Side: 10 feet if abutting SWC zoned land within the project. 50 feet if out-parcel 37

abuts nonresidential classified land outside project. 38 Waterfront: 50 feet. 39

40 Individual lot development standards. Any single use or mixed-use development that is not part of 41 a larger development project shall be required to meet the following minimum design standards. 42 43

Lot size: 44 Area: 1 acre. 45 Width: 150 feet. 46 47 Yard size for individual lots: 48 Front: 35 feet. 49 Rear: 20 feet. 50 Side: 10 feet. 51

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Waterfront: 25 feet. 1 2

Residential standards. Residential units may be a part of a vertically mixed-use development, 3 which means that commercial/office uses shall occupy the ground floor space and residential units may 4 occupy the upper floors in the same building. 5 6

Maximum density: 22 du/1 ac. 7 Minimum density: 8 du/1 ac. 8 Minimum floor area: Studio or efficiency: 480 square feet. 9 One bedroom: 575 square feet. 10 Each additional bedroom: 150 square feet. 11 Maximum building height: 60 feet, but may be increased based on increased setbacks 12

as follows, for every foot above the maximum building 13 height, an additional foot of building setback shall be 14 required for all yards. Building height shall not be eligible 15 for a variance. 16

Maximum lot coverage: The total area covered by principal and accessory 17 structures shall not exceed sixty (60%) percent. 18

19 Off-street parking and loading requirements. Refer to section 72-1366. 20 21 Landscape and buffer requirements. Refer to section 72-1369. 22 23 Outdoor lighting requirements. Refer to section 72-1367. 24 25 Roadway setbacks. Where a proposed development within the SWC classification abuts a road, 26 the following setbacks shall apply: 27 28 Thoroughfare road: 50 feet. 29 Local road: 35 feet. 30 31

SOUTHWEST ACTIVITY CENTER COMMUNITY 32 CLASSIFICATION (SWR) 33

34 Purpose and intent. The purpose of the SWR classification is to facilitate a variety of housing 35 choices to support the Activity Center employment base. This classification is designed to provide a 36 transition in intensity from the SWC classification to the surrounding low intensity uses outside the 37 Southwest Activity Center. Housing types in the SWR can include single-family dwellings on individual 38 lots, townhomes, or medium density, low rise multifamily formats. Commercial and personal service uses 39 are also permitted at a neighborhood scale and in appropriate locations, and shall be limited to those uses 40 that provide convenience goods and services for the residents of the surrounding area. 41 42 Permitted principal uses and structures: In the SWR classification, no premises shall be used 43 except for the following uses and their customary accessory uses or structures: 44 45

Art, dance, modeling, and music schools. 46 Bakeries, retail (including preparation of products for sale on the premises). 47 Barbershops, beauty shops, shoe repair shops. 48 Book and stationary stores. 49 Cluster and zero lot line subdivisions (refer to subsection 72-304). 50 Communications towers not exceeding 70ft in height above ground level. 51

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Community residential homes (refer to subsection 72-290(3)). 1 Confectioners, retail (including preparation of products for sale on the premises). 2 Convenience stores with or without fuel dispensers. No more than 8 vehicular service positions 3

per fuel dispenser island – maximum of 4 fuel dispenser islands. 4 Essential utility services. 5 Exempt excavations (refer to subsection 72-293(15)) or those which comply with division 8 of the 6

LDC of Volusia County (article III) or final site plan review procedures of this article. 7 Exempt landfills (refer to subsection 72-293(16)). 8 Financial institutions. 9 Fire stations. 10 General offices. 11 Home occupations, class A (refer to subsection 72-283). 12 Houses of worship. 13 Laundry and dry cleaning establishments. 14 Libraries. 15 Multifamily dwellings. 16 Multifamily standard or manufactured modular dwellings. 17 Nursing homes, boarding homes. 18 Parks and recreation areas accessory to residential developments. 19 Pharmacies. 20 Public utility uses and structures. 21 Public schools. 22 Publicly owned parks and recreational areas. 23 Restaurants, types A and B, without drive-throughs. 24 Retail sales and services. 25 Retail specialty shops. 26 Single-family standard or manufactured modular dwellings. 27 Tailor shops. 28 Travel agencies. 29 Two-family dwellings. 30 31

Permitted special exceptions. Additional regulations/requirements governing permitted special 32 exceptions are located in sections 72-293 and 72-415 of this article. 33

34 Bed and breakfast (refer to subsection 72-293(19)). 35 Day care centers (refer to subsection 72-293(6)). 36 Garage apartments (accessory to a principal dwelling unit only). 37 Group homes (refer to subsection 72-293(12)). 38 Health clubs or spas. 39 Off-street parking areas, accessory to a principal use (The principal and accessory use are not 40

required to be on the same parcel; however, the accessory use must clearly serve the purpose 41 of the principal use to which it is affiliated). 42

Public uses not listed as permitted principal uses. 43 Schools, parochial or private (refer to subsection 72-293(4)). 44 45

Dimensional requirements. 46 47

(a) Single-family residential: 48 49 Minimum lot size: 50 Area: 7,500 square feet. 51

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Width: 75 feet. 1 Minimum yard size: 2 Front yard: 25 feet. 3 Rear yard: 20 feet. 4 Side yard: 20 feet combined, minimum 8 feet on any one side. 5 Waterfront yard: 25 feet. 6 Maximum building height: 35 feet. 7 Minimum floor area: 800 square feet. 8 Maximum lot coverage: The total area covered by principal or accessory structures 9

shall not exceed thirty-five (35%) percent. 10 Other requirements: 11

(1) All single-family residential lots must be part of a multi-lot, platted subdivision 12 meeting the requirements of Article III, Division 2 of the Land Development 13 Regulations. 14 (2) No individual single-family lot shall have direct access onto a thoroughfare 15 roadway. 16

17 (b) Two-family residential: 18

19 Minimum lot size: 20 Area: 11,000 square feet. 21

Width: 75 feet. If the two-family dwelling and lot is divided into 22 separate ownership for each unit, then a minimum lot area 23 of 5,500 square feet for each unit and 11,000 square feet 24 for both units combined shall be required, and also a 25 minimum lot width of 37-½ feet for each unit and 75 feet 26 for both units combined shall be required. 27

Yard size: 28 Front: 25 feet. 29 Rear: 20 feet. 30 Side (exterior): 10 feet. 31 Side (interior): 0 feet. 32 Waterfront: 25 feet. 33 Maximum building height: 35 feet. 34 Floor area: 600 square feet. 35 Maximum lot coverage: The total lot area covered with principal and accessory 36

buildings shall not exceed thirty-five (35%) percent. 37 Other requirements: 38

(1) All two-family residential lots must be part of a multi-lot, platted subdivision 39 meeting the requirements of Article III, Division 2 of the Land Development 40 Regulations. 41 (2) No individual two-family lot shall have direct access onto a thoroughfare 42 roadway. 43

44 (c) Multifamily dwellings. 45

46 Minimum project size: 1 acre. 47 Maximum density: 18 dwelling units per net acre of land. 48 Minimum floor area: 49 Studio or efficiency: 480 square feet. 50 One bedroom: 575 square feet. 51

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Each additional bedroom: 150 square feet. 1 Maximum lot coverage: The total lot area covered with principal and 2

accessory buildings shall not exceed thirty-five 3 (35%) percent. 4

Project perimeter setback: No structure shall be located within 45 feet of the 5 project’s perimeter. 6

Minimum building separation requirements. 7 50 feet between fronts or rears of buildings. 8 25 feet between any other combination of 9 building arrangements. 10

Minimum building setback from streets and drives. 11 No building shall be located closer than 10 feet to 12 any interior street, drive or off-street parking 13 area. 14

Maximum building height: 45 feet if adjacent to single-family residential. 15 55 feet if adjacent to multifamily residential or 16 non-residential uses, provided project perimeter 17 setback is increased by an additional 10 feet. 18 Building height shall not be eligible for a 19 variance. 20

Ornamental roof features such as steeples, 21 cupulas, or clock towers may extend an additional 22 10 feet above the maximum building height and 23 shall not require an additional building setback. 24

Maximum building length and width. No building shall exceed 250 feet in length or 25 width. 26

27 (d) Town houses. 28

29 Minimum project size: 1 acre 30 Maximum density: 14 dwelling units per acre of land. 31 Minimum lot size per dwelling: 32

Area: 2,000 square feet. 33 Width: 20 feet. 34

Project perimeter setback: No structure shall be located within 45 feet of the 35 project’s perimeter. 36

Maximum building length and width: No building shall exceed 250 feet in length and 37 width. 38

Minimum yard size per dwelling: 39 Front yard: 10 feet 40 Rear yard: 10 feet. 41 Side yard: no minimum. 42 Waterfront yard: 25 feet. 43

Minimum floor area: 575 square feet. 44 Maximum lot coverage: The total lot area covered with principal and 45

accessory buildings shall not exceed thirty-five 46 (35%) percent. 47

Maximum building height: 45 feet. Building height shall not be eligible for 48 a variance. 49

Minimum building separation requirements: 50

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50 feet between fronts or rears of principal 1 buildings and 25 feet between any other 2 combinations of principal building arrangements. 3

Garages/Vehicle storage areas: Front-loaded garages and vehicle storage areas 4 shall maintain a 25 foot setback to the property 5 line or closest side of the sidewalk, whichever is 6 greater. Alley-loaded garages or vehicle storage 7 areas shall maintain a 20 foot setback to the 8 platted alley-way. 9

10 (e) Non-residential uses: 11 12

Minimum project size: 13 Area: 1 acre. 14 Width: 150 feet. 15 Minimum outparcel size: 16 Area: 15,000 square feet. 17 Width: 75 feet. 18

Access to outparcels shall be internal to the 19 project only. No outparcel shall have direct 20 access to a thoroughfare or local road. 21

Minimum yard size: 22 Front yard: 35 feet. 23 Rear yard: 20 feet. 24 Side yard: 10 feet. 25 Waterfront yard: 25 feet. 26

Maximum gross leasable area per project / shopping center: 50,000 square feet. 27 Maximum gross leasable area per individual use: 15,000 square feet. 28 Maximum lot coverage: The total area covered by principal and accessory 29

buildings shall not exceed thirty-five (35%) percent. 30 Maximum building height: 35 feet. Ornamental roof features such as steeples, 31

cupulas, or clock towers may extend an additional 10 feet above the maximum 32 building height and shall not require an additional building setback. Building 33 height shall not be eligible for a variance. 34

Roadway setbacks. Where a proposed development within the SWR classification abuts a 35 road, the following setbacks shall apply: 36

Thoroughfare road: 50 feet. 37 Local road: 35 feet. 38 39

Off-street parking and loading requirements. Refer to section 72-1366. 40 41

Landscape buffer requirements: Refer to section 72-1369. 42 43 Lighting requirements: Refer to section 72-1367 44 45

SECTION II. Chapter 72, Article II, Section 72-277 of the Code of Ordinances, County of 46 Volusia, is amended to read as follows: 47 48 Sec. 72-277. - Exceptions to minimum yard or lot coverage requirements. 49 50 Every part of every yard shall be open and unobstructed from the ground up, except as follows: 51

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1 (1) In the RR, RE, R-1 through R-6, R-9, MH-5, MH-6, OMV, OUR, OTR, ORE, OCR, SWR, 2

and RPUD classifications, except for the provisions of subsection 72-282(2), accessory 3 structures shall not be located in front yards. However, accessory structures may be located 4 in rear or side yards not less than five feet from the lot lines except for atypical lots. 5 However, garage apartments shall not be located in any required yard. On atypical lots, 6 accessory structures may be located not less than five feet from the side lot line provided 7 such structures, except for swimming pools, are not located in the side yard area between 8 the rear lot line and the rearmost point of the principal structure. Accessory structures, 9 except for seawalls and docks in accordance with 72-278, shall be located at least five feet 10 from any side or rear lot line, but not in platted easements. 11

12 * * * * * 13

14 (2) In the RR, RE, R-1 through R-6, R-9, MH-5 and MH-6, OMV, OUR, OTR, ORE, OCR, 15

SWR, and RPUD classifications, on double-frontage lots or corner lots, accessory 16 structures shall not be located in any yard abutting a street but may be located not less than 17 five feet from any adjacent lot line. 18

19 (3) In all zoning classifications, fences, walls and hedges may be located in yards to the extent 20

permitted by sections 72-282 and 72-284. However, on any corner lot, no structure or 21 shrubbery shall cause any obstruction to vision of motorists in accordance with the 22 provisions for obstructions to vision in division 4 of the Land Development Code 23 [article III]. 24

25 * * * * * 26

27 SECTION III. Chapter 72, Article II, Section 72-282, of the Code of Ordinances, County of 28 Volusia, is amended to read as follows: 29 30 Sec. 72-282. - Fences, walls and hedges. 31 32 Fences, walls and hedges may be permitted in any yard area, provided: 33 34

* * * * * 35 36

(5) This section shall not be applied to any agricultural, conservation or public use 37 classifications. 38

39 (6) Prohibited fencing. Except for public utility uses and structures, barbwire or electric fences 40

are prohibited in the R-1 through R-9, OCV, OMV, OTC, OUR, SWC, SWR, and MH-1, 41 MH-2, MH-5, MH-6 and MH-7 classifications. 42

43 (7) Fences and fence walls must be constructed of conventional and traditional materials, 44

including, but not limited to, concrete block, brick, wood, decorative aluminum, iron or 45 steel, chain link or composite products manufactured specifically for fences and walls. 46 Nontraditional materials, including, but not limited to tires, mufflers, hubcaps, are 47 prohibited. Fabric sheets nets, plastic, metal, vinyl sheets or slats may be used as part of 48 the fence or attached to a fence for the purpose of enhancing privacy or required screening. 49

50 * * * * * 51

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SECTION IV. Chapter 72, Article II, Section 72-286, of the Code of Ordinances, County of 1 Volusia, is amended to read as follows: 2 3 Sec. 72-286. Off-street parking. 4 5 Where required by this article, every use or structure shall have an adequate number of off-street 6 parking and loading spaces for the use of occupants, employees, visitors, customers, patrons or suppliers. 7 Division 4 of the Land Development Code [article III], shall apply to the design and construction of all 8 required off-street parking and loading areas. 9 10

* * * * * 11 12

(2) Location. Off-street parking areas shall be located to meet the following requirements: 13 14

a. For single-family and duplex uses each off-street parking space shall be located on 15 the premises which it serves; not be located in any front yard except on a driveway 16 but may be located within any garage or carport on the premises; or may be located 17 within any side or rear yard but not closer than five feet to any side or rear lot line, 18 but not in any platted easements. Each such space must be accessible from a 19 driveway connected to the street providing primary access to the premises. 20

21 b. For all other uses, off-site parking and loading areas shall be designed and located 22

according to the requirements of this article and the applicable divisions of the 23 Land Development Code. 24

25 c. If the required off-street parking spaces cannot reasonably be provided on the same 26

lot on which the principal building or use is located, such required off-street 27 parking spaces may be located on another lot, owned or leased by the owner of the 28 lot on which the principal structure or use is located, provided: 29

30 1. The spaces are located within 200 feet of the premises to be served. 31 32 2. The spaces are located only in one or more of the following classifications: 33

OCV, OTC, OMV, SWC, SWR, B-1, B-2, B-3, B-4, B-5, B-6, B-7, B-8, 34 B-9, AP, I-1, I-2, I-3 and I-4. 35

36 3. In the event that an off-site parking area is not under the same ownership 37

as the principal use served, applicants shall provide an affidavit to the 38 county stating that they have the right to use the property for an off-site 39 parking area. 40

41 4. Any off-site parking located on a developed lot shall be in addition to the 42

minimum required parking necessary to support the principal use of said 43 developed lot. 44

45 * * * * * 46

47 SECTION V. Chapter 72, Article II, Section 72-287, of the Code of Ordinances, County of 48 Volusia, is amended to read as follows: 49 50 Sec. 72-287. Parking and storage of vehicles, shelters or watercraft. 51

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1 (a) Large vehicles. 2 3

(1) No truck tractor, semitrailer, commercial bus, cutaway van, (except for those allowed in 4 subsection (b)(6), below, chassis cab truck, or any other truck with a gross vehicle weight 5 greater than 10,500 pounds (as determined by the greater of the vehicle registration or the 6 manufacturer's specification) shall be parked, except while being actively loaded or 7 unloaded for legitimate commercial purpose in the RR, RE, R-1 through R-9, MH-1, MH-8 2, MH-4, MH-5, MH-6, MH-7, MH-8, and the residential use areas of PUD and SWR 9 classifications. 10

11 (2) The parking of truck tractors and/or semi-trailers is prohibited in the B-1, B-2, B-3, B-4, 12

B-8, B-9 and B-PUD's and commercial use areas of R-PUD's, SWC, SWR, and AP 13 classifications, unless said vehicles are accessory to or associated with the business(es) on 14 the premises. 15

16 SECTION VI. Chapter 72, Article II, Section 72-290, of the Code of Ordinances, County of 17 Volusia, is amended to read as follows: 18 19 The following additional regulations shall apply to specific permitted principal uses in all 20 classifications where so permitted: 21 22

(1) Adult bookstores and adult theatres. 23 24

a. Additional restrictions for location. Adult bookstores and adult theatres shall be 25 permitted principal uses in the I-1 classification, subject to the following additional 26 location requirements: 27

28 1. No adult bookstore or adult theatre shall be located within 400 feet of any 29

area of the county classified as C, P, FR, RC, A-1 through A-3, RA, RR, 30 R-1 through R-9, MH-1 through MH-8, OUR, OTR, AP, SWC, SWR or 31 PUD, unless the adult bookstore or theatre is a part of the PUD. 32

33 2. No adult bookstore and adult theatre shall be located within 1,000 feet of 34

any other such adult bookstores or adult theatres. 35 36 3. No adult bookstore or adult theatre shall be located within 400 feet of any 37

church, public school, public park or recreational facility, or public school 38 bus stop. 39

40 The distances above, shall be measured from property line to property line, without 41 regard to the route of travel. 42 43

* * * * * 44 45

SECTION VII. Chapter 72, Article II, Section 72-298, of the Code of Ordinances, County of 46 Volusia, is amended to read as follows: 47 48 Sec. 72-298. Sign Regulations. 49 50

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The following sign regulations shall apply within the unincorporated area of Volusia County, 1 Florida, including areas with previously approved community development plans. For purposes of 2 interpretation, the term "residential planned unit development, RPUD", shall include the term "community 3 development plan, CDP". 4

* * * * * 5 6

(7) Application of regulations, FR, RC, C, A, R, MH classifications: The following regulations 7 contained in this subsection shall apply in the FR, RC, C, A-1, A-2, A-3, A-4, RR, RE, RA, 8 R-1 through R-9, MH-1 through MH-8, OTR, ORE, OCR, SWC, and residential use areas 9 in the OMV, OUR, SWC, SWR, RPUD and MPUD classifications established in division 10 7 of this article: 11

12 a. Maximum allowable sign copy area permitted per premises: 13 14

* * * * * 15 16

(8) Application of regulations; P, B and I districts: The following regulations contained in this 17 subsection shall apply in the P, B-1, B- 2, B-3, B-4, B-5, B-6, B-7, B-8, B-9, I-1, I-2, I-3, 18 I-4, OCV, OTC, AP, BPUD and the commercial, and industrial, and vertically integrated 19 residential/commercial use area of the OMV, OUR, SWC, SWR, RPUD and MPUD 20 classifications: 21

22 a. Maximum copy area permitted per premises: 23

24 * * * * * 25

26 SECTION VIII. Chapter 72, Article II, Section 72-306, of the Code of Ordinances, County of 27 Volusia, is amended to read as follows: 28 29 Sec. 72-306. - Dogs and cats in residential areas. 30 31

(a) Number limit. The boarding of dogs and cats over six months of age shall be allowed on a 32 premises within the FR, RC, A-1 through A-4, RR, RA, RE, R-1 through R-9, MH-1 33 through MH-8, Osteen, SWC, SWR, and PUD zoning classifications but shall not exceed 34 the following total combined number: 35

36 Lots of one acre or less in size: Five. 37 38 Lots greater than one acre but less than five acres in size: Eight. 39 40 Lots five acres or greater in size: 12. 41

42 * * * * * 43

44 SECTION IX. Chapter 72, Article IV, Division 5, of the Code of Ordinances, County of Volusia 45 is created to read as follows: 46 47

DIVISION 5. SOUTHWEST ACTIVITY CENTER 48 49

Section 72-1363. Applicability. 50 51

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These development regulations apply to properties located within the Southwest Activity Center 1 Commerce (SWC) and Southwest Activity Center Community (SWR) zoning classifications, unless 2 otherwise provided for herein, and are intended to further implement the Southwest Activity Center. In the 3 event of conflict between this division and other provisions of this chapter, the provisions of this division 4 shall apply. Otherwise, all other applicable provisions of the zoning code and/or land development code 5 shall apply. 6 7 Section 72-1364. General design considerations. 8 9

(1) Building primary facades and entrances within 100 feet of the public road shall face parallel 10 to the public road from which driveway access is provided. Corner buildings shall provide 11 front facades facing each public road. 12

13 (2) Non-residential and multifamily development shall include amenities such as awnings, 14

pergolas, arcades, street furniture, lighting, and sheltering trees, to provide a comfortable 15 pedestrian environment along and between buildings. 16

17 (3) Residential and non-residential development shall include pedestrian linkages from one 18

project to another to provide pedestrian connectivity throughout the Southwest Activity 19 Center area. 20

21 (4) Pedestrian walkways shall be provided along all public street frontages. Pedestrian ways, 22

linkages and paths shall be provided by the developer at the time of development from the 23 building entrance to surrounding streets, external sidewalks, and outparcels. Pedestrian 24 ways shall be designed to provide access between parking areas and the building entrances 25 in a coordinated and safe manner. Pedestrian ways may be incorporated within a required 26 landscape buffer. Walkways shall be a minimum of 5 feet in width, or in accordance with 27 section 72-620, whichever is greater, and be constructed to compliment the overall design 28 theme of the project. 29

30 (5) All development shall connect to central utilities for potable water uses. All irrigation 31

wells are prohibited. Non-potable water is to be provided by the following sources, in 32 order of priority, for surface irrigation of common and private areas, to include parks, 33 commercial, industrial and residential areas, unless prohibited by the Florida Department 34 of Environmental Protection, the St. Johns River Water Management District, or other 35 regulatory agency: 36

37 (a) Treated wastewater made available to the property; 38 (b) Surface water stored on-site in surface water storage ponds; 39 (c) Potable water may be used only on single-family residential lots if no lesser quality 40

source is available, but shall be converted to a lesser quality source when it 41 becomes available. 42

43 (6) Within the SWC zoning classification, project design, including site planning and building 44

design, shall feature well-landscaped public spaces such as squares and plazas, urban parks, 45 courtyards, an integrated pedestrian/trail system, and street-oriented building forms. 46

47 (7) Within the SWR zoning classification, parking lots shall not dominate the view from streets 48

and shall be located to the rear or center of building clusters. 49 50

Section 72-1365. Architectural standards. 51

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1 (1) Non-residential and multifamily buildings shall comply with nonresidential development 2

design standards in section 72-303, except as otherwise required by this section. 3 4 (2) Multifamily and non-residential developments shall ensure that all amenities, accessory 5

structures and signage are consistent with the overall architectural theme of the 6 development project, including, but not limited to, site furnishings, lighting, parking lights, 7 benches, trash receptacles, newspaper racks, and/or shopping cart corrals. 8

9 (3) Solar panels are allowed and encouraged on all buildings, in adherence to these design 10

guidelines that may adopt to changing technologies. 11 12 (4) Building design, construction, and operation should incorporate “green” building practices 13

to promote energy conservation. 14 15 (5) A common architectural theme shall be established for development projects by 16

harmoniously coordinating the general appearance of all buildings and accessory structures 17 within a development project. For purposes herein, general appearance includes, but is not 18 limited to, exterior wall finishes, construction materials, roof styles, slopes, architectural 19 details and ornamentation. All structures within a project shall complement one another 20 and shall convey a sense of quality and permanence. 21

22 (6) Fleet parking areas accommodating 5 vehicles or more shall be located to the rear of the 23

associated building and screened from view by a vinyl fence, brick, stucco or split face 24 block wall 6 feet in height. 25

26 Sec. 72-1366. Off-street parking and access. 27 28 Off-street parking areas and access to the property shall be developed in accordance with section 29 72-286, and the following additional regulations: 30 31

(1) Any spaces provided in excess of the minimum number of required spaces shall be 32 constructed of pervious materials which shall be approved by the Development Review 33 Committee. Such materials may include, but are not limited to, stabilized grass, porous 34 concrete or brick pavers. 35

36 (2) Parking areas shall be designed to connect to adjacent properties within the Southwest 37

Activity Center via a dedicated shared access easement. The shared access connection 38 shall be built to the shared property line in accordance with article III, land development 39 regulations. 40

41 (3) Development shall coordinate plans with Votran for location of future stops to service 42

employment centers and multifamily development. 43 44

Sec. 72-1367. Outdoor lighting. 45 46 Outdoor lighting shall be provided in accordance with the following regulations: 47 48

(1) In no case shall illumination from the property increase the level of illumination at the 49 property line by more than one-half (½) foot-candles. 50

51

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(2) Light fixtures shall be downward directed and fully shielded, and shall be placed so as not 1 to cause light trespass or glare beyond the property boundary. 2

3 (3) The maximum height of a light pole shall be 25 feet. 4 5 (4) Light poles and light fixtures shall be architecturally consistent with the design theme of 6

the development. 7 8 (5) The total lumen cap for the property shall not exceed an average of two (2) foot-candles 9

per acre. 10 11 (6) A signed and sealed illumination plan prepared by a licensed engineer shall be provided to 12

the county for compliance determination during site plan review, prior to the issuance of a 13 development order. 14

15 (7) Outdoor lighting for residential uses shall be provided in accordance with section 50-480. 16 17

Sec. 72-1368. Open space and tree preservation. 18 19 Open space and tree preservation shall be provided in accordance with chapter 72, article III, 20 division 10, Volusia County Tree Preservation Ordinance, and the following additional regulations: 21 22

(1) Where practical, preserved natural vegetation areas shall be designed to be interconnected 23 between developments throughout the Activity Center. 24

25 (2) The design of the stormwater system shall incorporate passive recreation features, 26

including, but not limited to, nature trails, seating areas, and picnic tables. 27 28

Sec. 72-1369. Landscaping. 29 30 Landscape buffers and landscaping of off-street parking areas shall be developed in accordance 31 with section 72-284, and the following additional regulations: 32 33

(1) Landscape requirements adjacent to roadways. Where a proposed development abuts a 34 road, the following landscape buffers shall apply: 35

36 (a) Buffer width. 37 38

(i) Buffers adjacent to thoroughfare roads shall be a minimum of 40 feet in 39 width. 40

41 (ii) Buffers adjacent to local roads shall be a minimum of 15 feet in width. 42

43 (b) Group A canopy trees. 44 45

(i) Thoroughfare roads. 4 trees per 100 linear feet or fraction thereof. The 46 size at planting shall be 4 inches caliper and 8 feet in height. Trees shall 47 be limited to live oaks or laurel oaks and shall be planted in a staggered 48 manner, 25 feet on center between 10 and 20 feet back from the right of 49 way line. Where possible, the staggered planting design shall be continued 50 on abutting properties to provide a continuous landscape pattern. 51

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1 (ii) Local roads. 4 trees per 100 linear feet or fraction thereof. The size at 2

planting shall be 2 inches caliper and 6 feet in height. Trees shall be 3 planted 25 foot on center, and may be planted in a staggered manner, 10 4 feet back from the right-of-way line. Where possible, the planting design 5 shall be continued on abutting properties to provide a continuous 6 landscape pattern. Palms shall constitute no more than 25 percent of the 7 required trees and shall have a minimum of 6 feet of clear trunk at planting. 8

9 (c) Group B understory trees. 10 11

(i) Thoroughfare roads. 6 trees per 100 linear feet or fraction thereof. The 12 size at planting shall be 2½ inches caliper and 6 feet in height. Trees shall 13 be planted a minimum of 10 feet back from the right-of-way and may be 14 clustered at access points and intersections, subject to clear line of site for 15 vehicles at said intersections. Palms shall constitute no more than 25 16 percent of the required trees and shall have a minimum of 6 feet of clear 17 trunk at planting. 18

19 (ii) Local roads. 4 trees per 100 linear feet or fraction thereof. The size at 20

planting shall be 1½ inches caliper and 6 feet in height. Trees shall be 21 planted a minimum of 10 feet back from the right-of-way and may be 22 clustered at access points and intersections, subject to clear line of site for 23 vehicles at said intersections. Palms shall constitute no more than 25 24 percent of the required trees and shall have a minimum of 6 feet of clear 25 trunk at planting. 26

27 (d) Group C or D (shrubs). Shrub plants may be planted in a continuous hedge or 28

clustered in groupings. Continuous hedge plants shall be installed 3 feet on center 29 and as follows: 30

31 (i) Thoroughfare roads. 33 plants per 100 linear feet or fraction thereof, and 32

the size at planting shall be 2 feet in height. 33 34 (ii) Local roads. 27 plants per 100 linear feet or fraction thereof, and the size 35

at planting shall be 2 feet in height. 36 37

(e) Ground cover. Landscape buffers shall be planted with grass or vegetative ground 38 cover. Mulch may be used in planting beds and tree rings. 39

40 (f) Parking areas. Where parking abuts the landscape buffer, a continuous shrub 41

hedge shall be arranged or planted so that a height of 3 feet will be attained within 42 one year of planting to screen the parking area as viewed from the right-of-way. 43 44

(2) Landscape requirements. Landscape materials shall meet the standards set forth in section 45 72-284. 46

47 (a) Single family and two-family uses. Shall provide a 10 foot wide landscape buffer 48

consisting of 6 Group B understory trees and 18 Group C or D shrubs per 100 49 linear feet. A visual screen is optional. 50 51

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1 (b) Multifamily and townhome uses. Shall provide a 15 foot wide landscape buffer 2

consisting of 4 Group A canopy trees, 4 Group B understory trees, and 27 Group 3 C or D shrubs per 100 linear feet. A 6 foot high continuous visual screen shall also 4 be provided. The screen may be a landscape hedge from Group C or D shrubs; or 5 a brick, split-faced block or stucco-finished masonry wall. 6 7

(c) Commercial uses. Shall provide a 30 foot wide landscape buffer consisting of 4 8 Group A canopy trees, 4 Group B understory trees, and 27 Group C or D shrubs 9 per 100 linear feet. A 6 foot high continuous visual screen shall also be provided. 10 The screen may be a landscape hedge from Group C or D shrubs; or a brick, split-11 faced block or stucco-finished masonry wall. 12

13 (d) Industrial uses. Shall provide a 30 foot wide landscape buffer consisting of 4 14

Group A canopy trees, 4 Group B understory trees, and 27 Group C or D shrubs 15 per 100 linear feet. A 6 foot high continuous visual screen shall also be provided. 16 The screen may be a landscape hedge from Group C or D shrubs; or a brick, split-17 faced block or stucco-finished masonry wall. 18 19

Sec. 72-1370. Variances. 20 21

(a) Variances from zoning requirements. Unless otherwise provided in this section, a petition 22 for variance from the requirements of this division for design standards, landscape buffers, 23 or off-street parking requirements shall be governed by the provisions of section 72-379. 24

25 (b) Waiver from land development requirements. Unless otherwise provided in this section, a 26

petition for waiver of the requirements of this division for any requirement not set forth in 27 subsection (a) shall be governed by section 72-501. 28 29

SECTION X: AUTHORIZING INCLUSION IN CODE - The provisions of this 30 ordinance shall be included and incorporated into the Code of Ordinances of the County of Volusia, 31 as additions or amendments thereto, and shall be appropriately renumbered to conform to the 32 uniform numbering system of the code. 33 34 SECTION XI: SEVERABILITY - Should any word, phrase, sentence, subsection or 35 section be held by a court of competent jurisdiction to be illegal, void, unenforceable, or 36 unconstitutional, then that word, phrase, sentence, subsection or section so held shall be severed 37 from this ordinance and all other words, phrases, sentences, subsections, or sections shall remain 38 in full force and effect. 39 40 SECTION XII: CONFLICTING ORDINANCES - All ordinances, or part thereof, in 41 conflict herewith are, to the extent of such conflict, repealed. 42 43 SECTION XIII: EFFECTIVE DATE – A certified copy of this Ordinance shall be filed 44 with the Department of State by the County Manager within ten (10) days after enactment by the 45 County Council and this Ordinance shall take effect upon filing with the Department of State. 46 47 ADOPTED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN 48 OPEN MEETING DULY ASSEMBLED IN THE COUNTY COUNCIL CHAMBERS AT THE 49

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THOMAS C. KELLY ADMINISTRATION CENTER, 123 WEST INDIANA AVENUE, 1 DELAND, FLORIDA, THIS _____ DAY OF ____, 2018. 2 3 4 COUNTY COUNCIL 5 ATTEST: COUNTY OF VOLUSIA, FLORIDA 6 7 8 9 _____________________________ ________________________________ 10 James T. Dinneen, County Manager Ed Kelley, County Chair 11 12 13

14 15

16 17 18 19 20 21 22 23 24 25 26 27 28

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Page 42 of 46

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