TO: Mayor and Commission AGENDA DATE: 6/20/2022
FROM: John A. Peters, III, PE, Acting City Manager AGENDA ITEM: 6 - G
SUBJECT:
Title
Public Hearing - Ordinance No. 11-2022, rezoning request to Business Planned Unit Development (BPUD), Pell Excavation, for approximately 197 acres of land at the second and final hearing - Ron A. Paradise, Community Services Director (386) 878-8610.
Strategic Goal: Identify distinctive villages and economic development districts.
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LOCATION:
The 197 acre site is situated on the east side of the City east of SR 415, generally south of the City eastern wastewater reclamation plant within the Osteen Joint Planning Area.
BACKGROUND:
Background
The Business Planned Unit Development (BPUD) zoning request is to facilitate an excavation use. Excavation uses are extractive and are typically situated in remote areas outside of urban landscapes associated with municipal limits. While located within the City of Deltona, the 197 acre site proposed for the excavation use is located in a rural area of the City. The property is also included within the Osteen Joint Planning Area (JPA). The JPA is a joint planning effort between the City and the County to appropriately manage growth and development within the Osteen area.
According to the City of Deltona Osteen local plan appended to the City Comprehensive Plan Future Land Use Section, most land development activities are to be processed as a Planned Unit Development. The goal of requiring a PUD zoning is to ensure land development and zoning entitlements are consistent with City planning provisions including policies of the Osteen local plan. Therefore, the excavation request was processed as a BPUD.
The Pell excavation use will involve the creation of two pits located within the northeastern section of the property. The pits will yield about 413,000 cubic yards of fill and result in the creation of open water features totaling approximately 11.5 acres on the Pell property. The Pell excavation use will be managed as part of an excavation use occurring on a neighboring property located in unincorporated Volusia County known as the McCaskill property. The majority of the fill - about 857,800 cubic yards - will be generated by excavation activity on the McCaskill property. The County late last year approved the excavation use on the McCaskill property, but approval was contingent on the City approving the BPUD on the abutting Pell property.
All of the fill from both properties will be transported through the Pell property to a driveway cut with a temporary median cut on SR 415. There is anticipation the use will generate about 400 heavy truck trips per day. The majority of those trips will go north on SR 415 with some of the trips being dispersed throughout the City supplying fill needs for various construction projects like commercial developments and even individual single-family dwelling unit projects.
Hours of operation will be limited to 6:00 am to 5:00 pm on Monday through Friday. In addition, the excavation use will have a five (5) year lifespan and the site will be reclaimed after the operation has ceased.
For more information see the attached staff report, written BPUD Development Agreement and supporting information.
The Planning and Zoning Board heard this request on April 20, 2022. The Board recommended unanimously to recommend the City Commission approve Ordinance No. 11-2022 predicated on the following:
1) Suitable areas of the site could be considered for a hurricane debris storage area;
2) The property after reclamation could be eligible for a public park use;
3) A large and significant wetland system known locally as the Savanna would be encumbered by the conservation easement for perpetual resource protection; and
4) A statement indicating housing options on the property will be very limited (one house) and any future request for housing would need to be processed as an amendment to the BPUD.
The City Commission heard this request at the first reading on May 16, 2022. The City Commission approved the request predicated on the addition of protection-oriented language for a wetland system known locally as the Savanna being added to the Development Agreement, a limitation of hauling on certain roadways, revision of hours of operation, and clarification there will be only one 9-acre pit on the property. Based on the May 16, 2022 hearing, there has been updated language added to the written Development Agreement. Those changes are summarized as follows:
1) A statement about the Savanna being used for passive agricultural uses has been added to the Development Agreement. In addition, there is a provision to consider, at a future date associated with an amendment to the BPUD, placing the Savanna within a conservation easement. See page 8 of the attached Development Agreement.
2) The Development Agreement has been updated to prohibit the use of the Doyle/Debary Drive corridor from Interstate 4 to SR 415 for any hauling associated with the excavation. In addition, the added language includes not allowing the use of Enterprise-Osteen Rd. or Lakeshore Dr. as an alternative to the Doyle Rd./Debary Dr. corridor. Finally, no hauling will be allowed on Goldenhills Street within the City of Deltona. See page 5 of the attached Development Agreement.
3) A clarification of hours of operation from 6:00 am to 5:00 pm to 7:00 am to 5:00 pm. See page 5 of the attached Development Agreement.
4) Recognition the excavation on the Pell property will be limited to one 9-acre pit. See page 3 of the Development Agreement.
The Acting City Manager has the authority to make corrections of scrivener’s errors and the like.
OPTIONS:
1. Approve Ordinance No. 11-2022 at the second and final reading.
Advantages:
a) The project will not be delayed;
b) Needed fill resources will be available to support the robust construction market;
c) The environmental sensitivity of the Savanna will be further recognized and memorialized in the Development Agreement; and
d) Hauling will be restricted from using certain sensitive roadway corridors.
Disadvantages:
a) The project will be delayed; and
b) Fill resources will not be as readily available.
2. Deny Ordinance No. 11-2022 at the second and final reading.
Advantages:
a) The site will remain used for agricultural activities; and
b) There will not be added truck traffic on SR 415.
Disadvantages:
a) Fill resources will not be as readily available; and
b) Upland areas of the property could be developed at greater density sometime in the future to support urban oriented development.
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COST:
N/A
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
Planning and Development Services
STAFF RECOMMENDATION PRESENTED BY:
Ron A. Paradise, Community Services Director - Staff recommends the City Commission approve Ordinance No. 11-2022, the Pell Excavation Business Planned Unit Development rezoning request, with added Development Agreement language to protect the Savanna, limit hauling on certain roadway corridors, clarify hours of operation, and recognizing the excavation will consist of one 9-acre pit at second and final reading.
POTENTIAL MOTION:
Recommendation
“I hereby move to approve Ordinance No. 11-2022, the Pell Excavation Business Planned Unit Development rezoning request with added Development Agreement language to protect the Savanna, limit hauling on certain roadway corridors, clarify hours of operation, and recognizing the excavation will consist of one 9-acre pit at second and final hearing based on the following reasons/facts:
a) The excavation use will be managed to ensure appropriate operation including hours/days of use and heavy truck traffic usage;
b) The property will be subject to a reclamation plan;
c) The property in the future will not be eligible for urban development thus perpetuating the rural character of the east Osteen area;
d) Urban development will no longer be an option; therefore, urban sprawl will not be introduced into the Osteen area earmarked for non-urban uses;
e) There will be less potential future conflicts with City operations in the area like the Eastern Wastewater Reclamation Plant; and
f) The request is consistent with the Comprehensive Plan by furthering several provisions that address the management and conservation of soil and mineral resources.
The Acting City Manager has the authority to make corrections of scrivener’s errors and the like.”
Or
“I hereby move to deny Ordinance No. 11-2022, the Pell Excavation Business Planned Unit Development rezoning request, based on the following reasons/facts:
a) The use will result in greater levels of heavy truck traffic on SR 415;
b) The use will result in wetland impacts; and
c) The use is intensive and is not compatible with the rural and agrarian nature of the east Osteen area.”
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