public hearing: developmentpermitted uses – the development agreement limits the uses to those...

.

PUBLIC HEARING: August 20, 2020 - PlanningRegulation Commission (PLDRC)

and Land Development

CASE NUMBER: PUD-19-030

SUBJECT: Rezoning from the Light Industrial (I-1) Classification to the Industrial Planned Unit Development (IPUD) Classification.

LOCATION: 3157 International Speedway Boulevard (U.S. 92), Daytona Beach

APPLICANT(S): Glenn D. Storch, Esquire

OWNER(S): LKQ Pick Your Park Southeast, LLC

I. SUMMARY OF REQUEST

The applicant requests a rezoning of a 12.04-acre parcel from the Light Industrial (I-1) classification to the Planned Unit Development classification with an Industrial subclassification (IPUD). The property is within the Thoroughfare Corridor Overlay, and the Airport Hazard Protection Overlay. These overlays will remain applicable to the property after rezoning. The property already has a salvage operation, LKQ Auto Salvage, on the premises. If approved, the IPUD will allow the operation to continue as a permitted use under the terms of the Development Agreement, and will allow the property owner to seek the necessary permits for proposed improvements.

Staff Recommendation:

Forward the rezoning application, case number PUD-19-030, to county council for final action with a recommendation of approval, subject to staff recommended conditions.

Page 1 of 51

.II. SITE INFORMATION

1. Location:

2. Parcel Number(s): 3. Property Size: 4. Council District:

The south side of U.S. Highway 92 -International Speedway Boulevard, approximately ¾ mile west of the intersection of U.S. Highway 92 and Tomoka Farms Road/I-4 interchange, Daytona Beach 5233-00-00-0030 ±12.04 total acres 4

5. Zoning: 6. Future Land Use: 7. Overlays:

8. Local Plan Area:

Light Industrial (I-1) Low Impact Urban (LIU) Thoroughfare Corridor Overlay (C) Airport Hazard Protection Overlay (A) Natural Resource Management Area (NMRA) Not applicable

9. Adjacent Zoning and Land Use:

DIRECTION ZONING FUTURE LAND USE

EXISTING USE.

North: PD-G (Daytona Beach) Retail (Daytona

Beach) U.S. Highway 92; Vacant

East: I-1C(1); IPUD Low Impact Urban Industrial

South: IPUD Low Impact Urban Industrial

West: VC (Daytona Beach) County – Low Impact Urban

Woods, RV Park/Campground

10. Location Maps:

Proposed Zoning Map Future Land Use Map

Page 2 of 51

.III. BACKGROUND AND OVERVIEW

The +/-12.04-acre subject property is located along the south side of U.S. Highway 92 (International Speedway Boulevard), a gateway into Daytona Beach from the west. The property currently has an automobile salvage business on the premises. Available historic aerials suggest that this use has existed as early as 1976, although County business tax receipt records only go back as far as 1985. The underlying I-1 zoning classification has been in place since 1980, while the Thoroughfare Corridor Overlay was applied over the northern 660 feet in 1985, and the Airport Hazard Protection Overlay was applied over the entire parcel in 2017.

At 12.04 acres and +/-487 feet in width, the subject property exceeds minimum I-1 development standards. The subject property contains approximately 7.5 acres of outdoor salvage yard, approximately two acres of processing area, and the remainder devoted to a retail building and a parking area. There are two existing access points on U.S. Highway 92.

The owner wishes to construct a 9,900-square-foot processing building to cover the car crushing and compacting operations. Currently, these activities take place in the open and are subject to the elements. The building is a roofed structure with open sides that will protect the crushing operation from leaching fluids from crushed cars. Reconfiguration of the retail buildings is also proposed. Approximately 2,606 square feet of the existing retail building is proposed to be removed and replaced with a new 2,500-square-foot stand-alone retail building. The owner is unable to obtain building permits for these improvements due to the existing development being nonconforming with current zoning regulations. The existing salvage business predates the inception of zoning. For purposes of the Zoning Code, this type of business is referred to as a junkyard and is defined as follows:

“Premises where junk materials such as scrapped metal, rubber tires, glass, wood scraps, plastic, tools, equipment, fixtures, appliances, construction materials, automobile parts, discarded automobiles, and paper or similar materials are bought, sold, exchanged, stored, baled, packaged, packed,

Page 3 of 51

disassembled or handled. The term also includes automobile wrecking yard and salvage yard operations…”

Current code requires approval of a Special Exception for this type of use, and it is subject to specific development standards outlined in Section 72-293(10), as well as minimum standards for landscaping, parking, non-residential design standards, etc. Because this development predates these standards, it was not developed to meet them. As it exists, it is fully developed with a large salvage yard, a processing area, a retail building and various other buildings, and a customer parking lot, none of which meet current code. Any change or expansion of use; however, requires the entire site to be brought up to current code. Due to the size and the extensive redevelopment this would entail, this is not a viable option. However, the proposed processing building is considered a desirable improvement to the environmental impacts associated with the crushing and compacting operation, therefore, this PUD is proposed to allow for the proposed improvements while obtaining reasonable compliance with current code. If approved, the IPUD will allow the existing salvage operation to continue as a permitted use under the terms of the Development Agreement. It will also allow the property owner to obtain building permits for the proposed improvements as outlined in the agreement. Proposed improvements include the demolition of outmoded buildings, the construction of new office and retail buildings, and the construction of a new processing building for the crushing and compacting of scrap vehicles. It will also include updated signage that meets code, and installation of landscape buffers along U.S. 92 to help shield the view of the salvage yard from passerby traffic.

IV. DEVELOPMENT PROPOSAL

DEVELOPMENT AGREEMENT

Permitted Uses – The development agreement limits the uses to those that have historically existed on the property; a junkyard/salvage yard and material recovery facility.

All improvements are to occur in a single phase 1 and shall consist of the following: Demolition of 3,807 square feet of surplus buildings. Construction of a 2.500-square-foot retail building, which will meet non-residential

design standards. Construction of a 9.900-square-foot processing building. Improvements to the primary façade of the existing building adjacent to U.S.

Highway 92, to include landscaping and removal of signage. Off-street parking area shall be reconfigured to accommodate up to 100 vehicle

spaces, including four ADA-accessible spaces, with appropriate drive aisle and access way dimensions.

Replacement of existing nonconforming sign with new monument sign. A 20-foot wide landscape buffer along U.S. Highway 92, to include code compliant

landscape material and an eight-foot high vinyl fence. A five-foot wide landscape buffer extending 250 south from the property line

adjoining U.S. Highway 92, to include code compliant landscape material and an

Page 4 of 51

.

eight-foot high vinyl fence. Privacy slats applied to existing fence along west property line, extending 20 feet

south from the U.S. Highway 92 property line. All outdoor storage and processing areas to be fully screened. Minimum tree coverage and replacement requirements shall be met for the 2.98

acres subject to the proposed improvements.

PRELIMINARY PLAN

The preliminary plan depicts the layout of the existing development and the proposed improvements. The area labeled as ‘car storage area’ will remain unchanged. The 2.98-acre northern portion represented in the enlargement describes the specific improvements contemplated by the development agreement.

If the rezoning is approved, a final site plan application will not be required for phase one improvements, subject to compliance with the development agreement and the preliminary plan. Any future phases will require amendment of the development agreement and full site plan review.

V. REVIEW CRITERIA AND ANALYSIS

Zoning Amendment Criteria - Section 72-414(e), of the Zoning Ordinance, includes the following criteria for review of a rezoning application:

(1) Whether it is consistent with all adopted elements of the comprehensive plan.

The property has a future land use designation of Low Impact Urban (LIU). This designation is primarily for lands deemed suitable for urban type development that are adjacent to existing urban development. It may also function as a transitional area between protected natural resources and urban development. According to the Future Land Use Matrix the IPUD zoning classification is assumed compatible.

The following policies contained in the Future Land Use Element are applicable to the proposed use.

1.1.1.8 Sites for industrial development shall be accessible to the following essential public facilities and services at the levels of service adopted in this Comprehensive Plan: fire services, transportation, potable water, an appropriate wastewater treatment facility, solid waste and stormwater management.

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

Page 5 of 51

http:1.2.2.16

(2) Its impact upon the environment or natural resources.

The PUD is not anticipated to have a negative impact upon the environment or natural resources. The use has existed since 1976, and currently there are no known notices of violation associated with the property. The ability to obtain a permit for the proposed processing building is anticipated to improve the potential for negative impacts from the current car crushing operation being open to the elements. Also, the installation of landscape buffers will assist with stormwater capture and provide minimal habitat over what is currently on site. The development proposal is subject to the minimum environmental protections established in the land development code, and any applicable state or federal regulations.

(3) Its impact upon the economy of any affected area.

No appreciable impact is anticipated on the area’s economy under the new zoning classification.

(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.

The development has existed since 1976. The rezoning does not permit expansion of the development, but rather improvement of the existing development. No additional impacts on government services or public infrastructure are anticipated under the new zoning classification.

(5) Any changes in circumstances or conditions affecting the area.

Since 1976 there have been many changes affecting the area. General growth along the U.S. Highway 92 corridor and the City of Daytona Beach’s annexation of nearby properties have rendered this property less remote than when it first developed. Also, zoning and land development regulations have been adopted that were not contemplated when the property initially developed. Adoption of the IPUD will not impose the full measure of these new regulations, but will require the development to make improvements toward reasonable compliance with current code.

(6) Any mistakes in the original classification.

The use began operation prior to adoption of the Uniform Zoning Code. The property is appropriately zoned I-1; however it does not have Special Exception Approval for a Junk Yard as required by the zoning code. The Special Exception criteria were adopted in 1984, and there are criteria that the existing operation cannot meet. Therefore, the IPUD is proposed as a compromise to bridge the gap between the existing development and meeting current code.

Page 6 of 51

(7) Its effect upon the use or value of the affected area.

The existing salvage operation has been in place since at least 1976. The IPUD will not materially alter the character of the use, but it will allow the operation to continue as a permitted use under the terms of the development agreement. Improvements such as landscaping and screening of the use will improve the appearance of the business and may have a positive effect on the values of the affected area.

(8) Its impact upon the public health, welfare, safety, or morals.

Public health, welfare, safety and morals will not be compromised under the proposed zoning classification.

VI. STAFF RECOMMENDATION

Forward the rezoning application, case number PUD-19-030, to county council for final action with a recommendation of approval, subject to staff recommended conditions.

1. Approval is subject to the staff recommended order and resolution.

2. The property owner or authorized agent(s) shall apply for and obtain appropriate permits for installation of landscaping and irrigation through the Land Development office, and building permits through the building department.

VII. ATTACHMENTS

Resolution and Development Agreement Survey Preliminary Plan Traffic Study Parking Study Traffic Engineering Comments Environmental Management Comments Site Photos Map Exhibits

Page 7 of 51

VII. AUTHORITY AND PROCEDURE

Pursuant to Section 72-412, no recommendations for approval of any amendment to the official zoning map may be made unless a majority of members of the PLDRC present concur. A tie vote shall be grounds for continuance to the next scheduled meeting.

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 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.

Page 8 of 51

RESOLUTION 2020-___

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, APPROVING PUD-19-030 AND AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM THE LIGHT INDUSTRIAL (I-1) ZONING CLASSIFICATION, AS SITUATED WITHIN THE THOROUGHFARE CORRIDOR OVERLAY (SUFFIX – C), LOW IMPACT URBAN LAND USE OVERLAY (SUFFIX – 1) AND THE AIRPORT HAZARD PROTECTION OVERLAY (SUFFIX – A), TO A PLANNED UNIT DEVELOPMENT (PUD) WITH AN INDUSTRIAL SUB-CLASSIFICATION, TO REMAIN SITUATED WITHIN THE AFOREMENTIONED OVERLAYS; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the application of Glenn D. Storch, on behalf of LKQ Pick Your Part

Southeast, LLC, hereinafter, "Applicant," for rezoning was heard by and before the

Volusia County Council, Volusia County, Florida, on ___________________. Based

upon the verified Application and other supporting documents, maps, charts, overlays,

other evidence and instruments; the advice, report, and recommendations of the Growth

and Resource Management Department, Legal Department, and other Departments and

agencies of Volusia County; and the testimony adduced and evidence received at the

Public Hearing on this Application by the Planning and Land Development Regulation

Commission on August 20, 2020, and otherwise being fully advised, the Volusia County

Council does hereby find and determine as follows: PL

DRC

- DRA

FT

Page 1 of 21 Resolution 2020-___ LKQ PUD

Page 9 of 51

A. That the application of Glenn D. Storch, on behalf of LKQ Pick Your Part

Southeast, LLC, was duly and properly filed herein on January 30, 2019, as required by

law.

B. That the Applicant has applied for a change of zoning from the Light

Industrial (I-1) zoning classification, as situated within the Thoroughfare Corridor Overlay

(Suffix – C), Low Impact Urban Land Use Overlay (Suffix – 1) and the Airport Hazard

Protection Overlay (Suffix – A), to a Planned Unit Development (PUD) with an Industrial

sub-classification, to remain situated within the aforementioned Overlays, for the parcel

described in Exhibit “A” to the Development Agreement for PUD-19-030.

C. That all fees and costs that are by law, regulation, or ordinance required to

be borne and paid by the applicant have been paid.

D. That the applicant is the Owner or authorized representative of the Owner

of a 12.04-acre parcel of land, which is situated in Volusia County. This parcel of land is

described more particularly in the property survey and legal description, a true copy of

which is attached as Exhibit "A" to the Development Agreement for PUD-19-030.

E. That the Applicant has held a pre-application meeting as required by

Chapter 72, County Code of Ordinances, as amended.

F. That the Applicant has complied with the "Due Public Notice" requirements

of Chapter 72, County Code of Ordinances, as amended.

G. That the said rezoning to PUD is consistent with both the Volusia County

Comprehensive Plan and the intent and purpose of the Zoning Ordinance of Volusia

County, Florida (“Zoning Code”), as codified in article II of Chapter 72, Code of

Ordinances, and does promote the public health, safety, morals, general welfare and

orderly growth of the area affected by the rezoning request.

PLDR

C - D

RAFT


Page 10 of 51

H. That the owner of the property, LKQ Pick Your Part Southeast, LLC, agrees

with the provisions of the Development Agreement, which is attached hereto as Exhibit

“1.”

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF

VOLUSIA COUNTY, FLORIDA, IN AN OPEN MEETING DULY ASSEMBLED IN THE

THOMAS C. KELLY COUNTY ADMINISTRATION BUILDING, COUNTY COUNCIL

MEETING ROOM, DELAND, FLORIDA, THIS ______ DAY OF

____________________, A.D., _____, AS FOLLOWS:

A. That the Application of Glenn D. Storch, on behalf of LKQ Pick Your Part

Southeast, LLC for the rezoning of the subject parcel is hereby granted.

B. That the zoning classification of the subject parcel described in Exhibit "A"

to the Development Agreement is hereby amended from the Light Industrial (I-1) zoning

classification, as situated within the Thoroughfare Corridor Overlay (Suffix – C), Low

Impact Urban Land Use Overlay (Suffix – 1) and the Airport Hazard Protection Overlay

(Suffix – A), to a Planned Unit Development (PUD) with an Industrial sub-classification,

to remain situated within the aforementioned Overlays, as described in Zoning Code.

C. That the Official Zoning Map of Volusia County is hereby amended to show

the rezoning of said parcel to PUD with an Industrial sub-classification.

D. With respect to any conflict between the Zoning Code and this Resolution

or the attached Agreement, the provisions of this Resolution and Development

Agreement shall govern. The Zoning Code shall govern with respect to any matter not

covered by this Resolution or the Development Agreement. The Volusia County Zoning

Enforcement Official will ensure compliance with this Resolution and the Development

Agreement.

PLDR

C - D

RAFT


Page 11 of 51

______________________________

E. Unless otherwise provided in Paragraph D, nothing in this Resolution or the

Development Agreement shall abridge the requirements of the Code of Ordinances,

County of Volusia. Timing and review procedures contained in this Resolution and the

Development Agreement may be modified to comply with the Land Development Code

of Volusia County, Florida, as codified in article III of Chapter 72, Code of Ordinances,

County of Volusia (“Land Development Code”).

EFFECTIVE DATE. This resolution shall take effect immediately upon adoption

by the council.

DONE AND ORDERED IN OPEN MEETING.

COUNTY COUNCIL ATTEST: COUNTY OF VOLUSIA, FLORIDA

George Recktenwald Ed Kelley County Manager County Chair

PLDR

C - D

RAFT


Page 12 of 51

Please return recorded document to:

Volusia CountyGrowth and Resource Management123 W. Indiana Ave., Room 202 Deland, FL 32720

EXHIBIT “1”

DEVELOPMENT AGREEMENT PUD-19-030

A. Development Concept. The property shall be developed as a Planned Unit

Development with an Industrial sub-classification, substantially in accordance with the

Master Development Plan. The Master Development Plan shall govern the development

of the property as a Planned Unit Development and shall regulate the future use of this

parcel.

1. Master Development Plan. The Master Development Plan shall

consist of the Preliminary Plan prepared by Zev Cohen and Associates, dated June 8,

2020, and this Development Agreement (hereinafter “Agreement”). The Preliminary Plan

is hereby approved and incorporated in this Agreement by reference as Exhibit "B." The

Master Development Plan shall be filed and retained for public inspection in the Growth

and Resource Management Department and shall constitute a supplement to the Official

Zoning Map of Volusia County.

2. Amendments. All amendments of the Master Development Plan,

other than those deemed by the Zoning Enforcement Official's reasonable opinion to be

minor amendments in accordance with Section 72-289(6)d of the Zoning Code, shall

require the review and recommendation of the Planning and Land Development

Regulation Commission and action by the Volusia County Council in the same manner

as a rezoning of the parcel.

PLDR

C - D

RAFT


Page 13 of 51

3. Final Site Plan Approval. The Preliminary Plan, attached as Exhibit

B, meets the minimum submittal requirements of a Conceptual Site Plan application in

accordance with the Land Development Code. Submission of a Final Site Plan

application shall not be required for initial phase improvements as outlined in Paragraph

C, provided that such improvements comply with this Agreement, including the

Preliminary Plan, and any applicable County ordinance requirements, as determined by

the Zoning Enforcement Official. Subsequent phases shall comply with the Final Site

Plan Approval Procedures as set forth by Chapter 72, Article III, Division 3, of the Land

Development Code.

B. Unified Ownership. The Applicant or his/her successors has and shall

maintain unified ownership of the Property, a legal description of which is attached hereto

as Exhibit “A”, until after the issuance date of the Final Site Plan Development Order.

C. Phases of Development. New improvements and structures within the

PUD, as shown on the Preliminary Plan, shall occur as an initial phase consistent with

the Preliminary Plan. Any additional phases of development may be proposed in the

future. Initial phase improvements to be completed by the owner/developer shall include

the following:

1. A twenty-foot-wide landscape buffer shall be applied along the

property line adjoining U.S. 92 (West International Speedway Boulevard) that

includes a minimum of four (4) Group A trees, four (4) Group B trees and 27 shrubs

from either Group C or D per 100 lineal feet of buffer, excluding the linear footage

of any driveways that cross the buffer area. An eight-foot-high solid vinyl fence

shall be erected along the rear of the landscape buffer area, to provide additional

visual screening. The required landscape material shall be established on the

PLDR

C - D

RAFT


Page 14 of 51

exterior side of the fence.

2. A five-foot-wide landscape buffer extending 250 feet south from the

property line adjoining U.S. 92 shall be applied along the east property line. This

buffer shall contain, at minimum, six (6) Group B trees and 18 shrubs from either

Group C or D per 100 lineal feet of buffer, or fraction thereof. An eight-foot high

solid vinyl fence shall be erected along the rear of this buffer area, with the required

plant materials established along the exterior side of the fence;

3. Green privacy slats or similar screening shall be applied to the

existing chain-link fence along the west property line, extending a minimum of 20

feet southward from the fence along U.S. 92. Landscaping shall not be required

along this property line subject to maintenance of existing vegetation on the

exterior side of the fence.

4. The owner/developer shall install and maintain an irrigation system

in accordance with section 72-284(4) of the Zoning Code, as amended;

5. All outdoor storage and processing areas shall be fully screened by

a solid wall or fence. Existing fencing that is not being removed, as shown on the

Preliminary Plan, may remain in place. New screening may consist of either solid

vinyl fencing or chain-link fencing with privacy screening, a minimum of six feet (6’)

and a maximum of eight feet (8’) in height above finished grade. The use of barbed

wire or concertina wire for any site fencing is prohibited;

6. The demolition of 3,807 square feet of surplus buildings, as depicted

on the Preliminary Plan, shall be replaced as provided herein;

a. The construction of one (1) retail commercial building not to

PLDR

C - D

RAFT


Page 15 of 51

exceed 2,500 square feet in building area; and

b. The construction of one (1) processing building not to exceed

9,900 square feet in building area.

c. The primary façade of the existing 4,871-square-foot building

adjacent to U.S. 92/West International Speedway Boulevard,

shall be renovated to the extent practicable to comply with the

nonresidential development design standards of Section 72-

303(k), of the Zoning Code. In lieu of renovation, an additional

landscaped area, as shown on the Preliminary Plan, shall be

installed in front of the existing building fronting on U.S. 92 in

order to break up the long section of wall facing the road.

There shall be no signage affixed to the building.

PLDR

C - D

RAFT

All initial phase improvements shall be completed by the owner/developer

concurrently and prior to the issuance of a Certificate of Occupancy/Completion for either

the commercial building or the processing building, as outlined in this Paragraph C, within

two (2) years from the effective date of this Agreement.

D. Land Uses within the PUD. The development of the parcel shall be

consistent with the uses prescribed for each area within the proposed PUD. The locations

and sizes of said land use areas are shown on the Preliminary Plan, Exhibit “B”.

The development of the parcel shall be limited to a junkyard, salvage yard and

material recovery facility.

E. Development Standards.

1. Minimum lot area: 12.04 acres


Page 16 of 51

2. Minimum lot width/street frontage: 446 feet

3. Minimum yard size (for new buildings):

a. Front yard: 50 feet

b. Rear yard: 10 feet; 35 feet when abutting

a residential zone or use or a

recreational use

c. Side yard: 10 feet; 35 feet when abutting

a residential zone or use or a

recreational use

PLDR

C - D

RAFT

4. Maximum gross floor area: 21,382 square feet

5. Maximum building height: 35 feet

6. Minimum storage yard setbacks: 50 feet (applicable to future

phases of development)

7. Minimum building separation: 10 feet

8. The existing 47-square-foot shed and 4,871-square-foot building, as

identified on Exhibit “B”, are nonconforming structures. This development agreement

does not grant them approval to remain nonconforming in perpetuity. Both structures

shall remain subject to section 72-206(3), of the Zoning Code, as amended.

9. Landscape, Buffers and Screening: All landscaping, irrigation and

screening for the initial phase of development shall be provided and maintained as

outlined in Paragraph C. Any existing living trees and vegetation located in the required

buffers shall be utilized to meet the minimum requirements of this Agreement. A

landscape plan meeting these requirements shall be submitted along with the building


Page 17 of 51

permit application for development of phase 1. Upon the commencement of any future

phases of development, the owner/developer shall bring all landscaping, buffering,

screening and interior off-street parking lot landscaping on the property into full

compliance with Sections 72-284, 72-297 and 72-303 of the Zoning Code, as amended.

10. Off-street parking and loading requirements. The following parking

and loading standards for the initial phase of development shall apply:

a. Existing customer and employee parking areas are not required to

be improved beyond their condition at the time this Agreement was

approved, except as provided herein below and as shown in the

Preliminary Plan.

b. The minimum number of off-street parking spaces for this retail use

shall be 100 spaces. The number of handicap spaces provided is

based on the number of parking spaces provided as required by

section 72.285(10) of the Zoning Code. Of the 100 spaces, a minimum

of four (4) shall be handicap spaces and shall be paved accordingly.

All parking space and drive aisle dimensions shall meet Land

Development Code requirements as shown on the Preliminary Plan.

c. The owner/developer shall install and maintain ADA-accessible

parking spaces and access ways where necessary.

d. Off-loading or loading of materials in either the public right-of-way

or any vehicular parking and circulation areas is prohibited.

e. Upon the commencement of any future phases of development,

the owner/developer shall bring all off-street parking and loading areas

into full compliance with Sections 72-286, 72-297 and 72-303 of the

PLDR

C - D

RAFT


Page 18 of 51

Zoning Code, as amended.

11. Signage requirements. Prior to the issuance of a certificate of

occupancy the owner/developer shall remove the existing monument sign and replace it

with a new monument sign, as shown on the Preliminary Plan. Said monument sign shall

comply with applicable requirements of the Zoning Code, as amended, including Section

72-297(j) Overlay zone regulations, Section 72-298 Sign regulations, and Section 72-

303(j) Nonresidential development design standards. Nonconforming signage that is

structurally altered or damaged in excess of seventy-five percent (75%) of their

replacement value, and all new signage, shall comply with the applicable requirements of

Sections 72-297, 72-298 and 72-303 of the Zoning Code, as amended. No signage,

embellishments or ornamentations of any kind shall be affixed or displayed on the exterior

side of the vinyl fence or any other fence that is visible to any rights-of-way or other

properties.

12. Site Illumination. All existing freestanding and wall-mounted site

lighting, as identified in the Preliminary Plan, may remain in place for their serviceable

lifespans and may be repaired up to seventy-five percent (75%) of their replacement

value. New site lighting shall be full cut-off and shielded. Existing site lighting that is

structurally altered or damaged in excess of seventy-five percent (75%) of their

replacement value shall adhere to new site lighting requirements. At the passing of ten

(10) years from the recording date of this Agreement, all site lighting on the premises shall

become compliant with all local illumination requirements in place, if applicable.

13. Non-Residential Development Design Standards.

a. The new 2,500 sq. ft. retail building shown on the Preliminary Plan

PLDR

C - D

RAFT


Page 19 of 51

shall comply with the requirements of Section 72-303(k) of the Zoning

Code, as amended.

b. The new 9,900 sq. ft. building shown on the Preliminary Plan will

be an open-air roof covering with no walls, which will be used for

processing vehicles with a car crusher. Because this structure has no

walls/façades, architectural design requirements in the Zoning Code

for façades shall not apply.

PLDR

C - D

RAFTc. No permits for new building construction shall be filed prior to the total demolition of surplus buildings as indicated in Paragraph C,

above.

d. All existing nonconforming structures, as identified in the

Preliminary Plan, may remain in place and may be repaired up to

seventy-five percent (75%) of their assessed value as determined by

the County’s Property Appraiser. Nonconforming structures that are

structurally altered or damaged in excess of seventy-five percent

(75%) of their assessed value, and any new improvements or

structures, shall comply with the applicable requirements of Chapter

72, Article II, as amended, except as otherwise stated in this

Agreement. As a condition of maintaining the nonconforming

structures located along International Speedway Boulevard,

landscaping shall be required on the north side of the existing 4,871

square foot building located closest to the north property line. Said

landscaping shall be planted at the same time as the phase 1


Page 20 of 51

landscaping and shall extend the length of the building. Plant material

shall consist of the following:

37 viburnum shrubs, 24 inches in height at planting;

3 crepe myrtle trees, 2 inches in caliper and 10 feet in height at

planting;

51 variegated liriope, 15 inches in height at planting; and

107 liriope, 15 inches in height at planting.

14. Outdoor Storage. The outdoor storage of materials and vehicles

above the fence line is prohibited. Outdoor storage and display of merchandise within

either the parking and circulation areas or outside of the vehicle storage yard and

processing area is prohibited.

F. Environmental Considerations. The minimum environmental requirements

of Chapter 72 of the Code of Ordinances, County of Volusia, as amended, shall be met

for all phases of the development of the property. Phase 1 shall be limited to the tree

minimum tree coverage and replacement requirements associated with the 2.98 acre

northern portion depicted in the Phase 1 area enlargement in Exhibit B, which shall be

addressed in the landscape plan to be required as part of the building permit application.

G. Sewage Disposal and Potable Water Facilities. With the exception of the

initial phase of improvements as outlined in Paragraph C, subject to approval of the

Florida Department of Health, provisions for the sewage disposal and potable water

needs of the PUD shall be provided for all subsequent phases of development of the

property in accordance with the Land Development Code and the Comprehensive Plan,

as necessary.

H. Storm Water Drainage. With the exception of the initial phase of

PLDR

C - D

RAFT


Page 21 of 51

improvements as outlined in Paragraph C, provisions for storm water management shall

be in accordance with the Land Development Code for all subsequent phases of the

development of the property.

I. Access and Transportation System Improvements. For the installation of

initial phase improvements as outlined in Paragraph C, all existing site access points

along U.S. 92, as identified in the Preliminary Plan, may remain in place. The

owner/developer shall be responsible for maintaining the portions of these access points

on the subject property in a condition that is satisfactory to County staff. Upon the

commencement of any additional phases of development, access and transportation

system improvements shall be provided in accordance with the Land Development Code,

Section 72-297(g) of the Zoning Code, as amended, and State roadway access

requirements.

J. Fire Protection. The owner/developer shall be responsible for the extension

of a water line for a fire hydrant in front of the Property as shown on the Preliminary Plan.

Said fire hydrant shall provide 1,500 GPM at 20 PSI for at least two hours to provide

adequate on-site water supply to serve the IPUD project for fire protection purposes, as

required by the County Fire Marshal and the Chief Building Official.

K. Expiration of Development Agreement. The owner/developer shall

complete all initial improvements consistent with the Preliminary Plan and as outlined in

Paragraph C of this Agreement, to the satisfaction of County staff, within two (2) years

from the effective date of this Agreement. Failure to timely undertake and complete all

initial improvements shall immediately render this Agreement null and void, unless the

Zoning Enforcement Official, for good cause shown, approves a minor amendment to the

extend the time period indicated in this paragraph.

PLDR

C - D

RAFT


Page 22 of 51

L. Binding Effect of Plans, Recording, and Effective Date. The Master

Development Plan, including any and all supplementary orders and resolutions, and the

Preliminary Plan shall bind and inure to the benefit of the owner/developer and his

successor in title or interest. The PUD zoning, Order and Resolution and all approved

plans shall run with the land.

This Order and Resolution and all subsequent Orders and Resolutions shall be

filed with the Clerk of the Court and recorded within forty-five (45) days following execution

of the document by the Volusia County Council, in the Official Records of Volusia County,

Florida. One copy of the document, bearing the book and page number of the Official

Record in which the document was recorded, shall be submitted to the Growth and

Resource Management Department. The date of receipt of this document by the Growth

and Resource Management Department shall constitute the effective date of this Order

and Resolution and its subsequent amendments. The owner/developer shall pay all filing

costs for recording documents.

M. Conceptual Approval: The parties hereto acknowledge that reductions in

density and/or intensity may and do occur; and that minor changes to roadway design,

location and size of structures, actual location of parking spaces, specific locations for

land uses, and locations and design of stormwater storage, landscape buffers and upland

buffers may result to comply with the Land Development Code. A request for such an

amendment shall be reviewed by the zoning enforcement official and may be processed

as a minor amendment in accordance with Section 72-289 of the Zoning Code. The

owner/developer agrees to revise and record the Revised Preliminary Plan which reflects

any such changes with the Clerk of the Court immediately following the expiration of the

30-day period for appealing Development Review Committee (DRC) decisions to the

PLDR

C - D

RAFT


Page 23 of 51

County Council. A copy of the Revised Preliminary Plan, bearing the book and page

number of the Official Record in which the document was recorded, shall be submitted to

the Growth and Resource Management Department.

PLDR

C - D

RAFT


Page 24 of 51

________________________ _____________________________

_____________________________________

_____________________________________

DONE and ORDERED by the County Council of Volusia County, Florida, this ____

day of __________________, 2020.

ATTEST: VOLUSIA COUNTY COUNCIL

George Recktenwald Ed Kelley County Manager Chair

STATE OF FLORIDA COUNTY OF VOLUSIA

I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments by means of physical presence or online notarization this _____ day of ________________, 2020 by George Recktenwald and Ed Kelley, as County Manager and Chair, Volusia County Council, respectively, on behalf of the County of Volusia, known to me to be the persons described in this instrument, or who have produced _________________________________ as identification.

NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name:

Commission No.:_______________________

My Commission Expires:_________________

PLDR

C - D

RAFT


Page 25 of 51

______________________________ ________________________________

______________________________

_______________________________ ________________________________

_______________________________

_____________________________________

_____________________________________

WITNESSES: OWNER(S): LKQ Pick Your Part Southeast, LLC

Witness Signature

Print Witness Name

Witness Signature

Print Witness Name

State of _____________ County of ______________

I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments by means of physical presence or online notarization this _____ day of ________________, 2020 by ___________________, as ____________________________, on behalf of LKQ Pick Your Part Southeast, LLC, known to me to be the persons described in this instrument, or who have produced _________________________________ as identification.

NOTARY PUBLIC, STATE OF ____________ Type or Print Name:

Commission No.:_______________________

My Commission Expires:_________________

PLDR

C - D

RAFT


Page 26 of 51

EXHIBIT “A” Legal Description

A portion of the Northeast 1/4 and a portion of the Southeast 1/4 of Section 33, Township 15 South, Range 32 East, Volusia County, Florida, being more particularly described as follows: As a point of reference commence at the concrete monument #15 marking the intersection of the South right-of-way line of the original right-of-way line of Old Daytona/DeLand Road being U.S. Highway #92, with the West line of Daytona Park Subdivision, Unit 1, as recorded in Map Book 10, Page 29, Public Records of Volusia County, Florida; thence South along the East line of said Northeast 1/4 of said Section 33, a distance of 1,446.98 feet to a concrete monument #16; thence continue Southerly along the East line of Section 33, Township 15 South, Range 32 East 413.02 feet; thence at right angles turned from North to West a distance of 310.00 feet to a point said point being the point of beginning of this parcel; thence continue West 350.05 feet; thence at right angles turned from East to North, said line being parallel to the East line of said Section 33, 1,247.39 feet to a point on the Southerly right-of-way of U.S. #92 Highway; thence at an angle turned from Southeasterly of 128 24’ 00” along said Southerly right-of-way a distance of 446.60 feet; thence departing said Southeasterly right-of-way on an angle of 128 24’ 00” turned from Northeasterly to South, said line also being parallel to the East line of said Section 33, a distance of 1,524.80 feet to the point of beginning.

PLDR

C - D

RAFT


Page 27 of 51

http:1,524.80http:1,247.39http:1,446.98

Exhibit “B” Preliminary Plan

PLDR

C - D

RAFT


Page 28 of 51

Exhibit B – Preliminary PlanPhase 1 Area Enlargement

PLDR

C - D

RAFT


Page 29 of 51

X

X

X

X

20' LANDSCAPE BUFFER

X

X X X X

X

X X


X

W. INTERNATIONAL SPEEDW

AY BLVD. (U.S. 92)

X

W. INTERNATIONAL SPEEDW

AY BLVD. (U.S. 92)

X

//

//

//

X

X

20' WIDE FIRE LANE

X

FLAG PO

LE

CONC.

X


X

X 20' WIDE FIRE LANE

X

X

FLAG PO

LE

CONC.

X

20' LANDSCAPE BUFFER 20' WIDE FIRE LANE

X

CONC.

X

X

X X

X X

X

X

EXISTING BUILDING

TO REM

AIN 4871S.F.

EXISTING BUILDING

TO REM

AIN 2045 S.F.

BUILDINGS

TO BE REMOVED

2606 S.F.

//

X X

X X X

X X

X X

X X

X X

X EXISTING

//

CONC.

BUILDING

TO REM

AIN

1833 S.F.

X

X

X

X

X

X

X

X

X X X X X

X X X

20

X

X X

X X X X

X X X

X X X

X X

X

X

X X

X X

X

X

X

X

X

X

X

X

X X

PRO

POSED

RETA

IL BLD

G.

2500 S

.F.

X

(50'X5

0')

X X

X X

X X

X X

REM

OVE

EXISTIN

G

FENCE

NO. DATE SUBMITTALS / REVISIONS BY 1. 9/6/19 REVISED PER STAFF COMMENTS 8/19/2019 SRB

6/8/20 REVISED PER STAFF COMMENTS SMG CIVIL ENGINEERING LKQ PICK YOUR PART 2.

LANDSCAPE ARCHITECTURE

ENVIRONMENTAL

PLANNING

TRANSPORTATIONWWW.ZEVCOHEN.COM

(EB 4516) (LC 62)VOLUSIA COUNTY FLORIDA

20'

REM

OVE

EXISTIN

G

FENCE

250'

PRO

POSED

8'

VIN

YL FENCE

5' LA

ND

SCAPE

BUFFER

30" QL

36" QL

30" QL

5" CC

5.5

'

PRO

POSED

FIR

E HYD

RANT

361' TO

2500 S

.F. RETA

IL BUILD

ING

PRO

POSED

M

ONUM

ENT

SIG

N 8

'x5' O

N

3' B

ASE

REM

OVE

EXISTIN

G

20'

EXISTIN

G

WELL/PU

MP

5'

SHED

TO

REM

AIN

47 S

.F. 36" Q

L

EXISTIN

G 6

' CHAIN

LINK

FENCE W

/ PR

IVACY S

LATS

TO

REM

AIN

3'

9'

8" WP

RELO

CATED

FRO

NT

FENCE LIN

E PR

OPO

SED

8' V

INYL FEN

CE

W/ 8

' CHAIN

LINK FLU

SH

ON IN

SID

E

REM

OVE

EXISTIN

G

FENCE

20'

20' S

IGN

8" WP

DIM

ENSIO

NAL R

EQUIR

EMEN

TS

PRO

GRAM

DATA

EXIS

TING

PR

OPO

SED

EXIS

TING

W

OO

DED

AREA

EXIS

TING

8.5

'x24'

8" SP 1

AC

RE

1 A

CRE

MIN

IMUM

LOT A

REA

150'

150'

REM

OVE W

ALL S

IGN

MIN

IMUM

LOT W

IDTH

UNPA

VED

CUSTO

MER

BANNER

SIG

N

66.4

8'

MIN

IMUM

YARD

SIZE (B

UILD

ING

) PA

RKIN

G

AREA

24.3

5'

5" CC

X

FRO

NT YA

RD

- U.S

. 92

25'

25'

REA

R YA

RD

20'

20'

SID

E YARD

10'

10'

10'

10'

MIN

IMUM

BUILD

ING

SEPA

RATIO

N D

ISTA

NC

E 12,7

89 S

.F. 21,3

82 S

.F. BUILD

ING

SQ

UARE FO

OTA

GE

2.4

4%

3.3

5%

LOT C

OVER

AG

E 24'

35'

MAXIM

UM

BUILD

ING

HEIG

HT

LAND

SC

APE B

UFFER

BUILD

ING

TO

NO

RTH

(U.S

. 92

) 20'

BE R

EMO

VED

1201 S

.F.

X

EXISTIN

G 8

' CHAIN

LIN

K FENCE W

/ PR

IVACY S

LATS

TO

REM

AIN

EAST (FR

ONT PO

RTIO

N O

F PRO

PERTY)

5'

SO

UTH

W

AIV

ED

EXISTIN

G 6

' CHAIN

LIN

K FENCE W

/ W

EST

WAIV

ED

PRIV

ACY S

LATS

TO

REM

AIN

X

100

96

PARKIN

G S

PAC

ES

0

4

HAND

ICAP PA

RKIN

G S

PAC

ES

SEPTIC

TANK

20'

GATE

EXISTIN

G 1

0'

CHAIN

LINK

FENCE W

/ PR

IVACY S

LATS

27.9

7'

EXISTIN

G

WO

OD

ED

AREA

SEPTIC

D

RAIN

25.5

3'

FIELD

SITE IN

FORM

ATIO

N:

EXISTIN

G

2.7

6'

25.7

7'

31

57

W. IN

T'L SPEED

WAY B

LVD

, DAYTO

NA B

EAC

H, FL 3

21

24

24.7

8'

TO R

EMAIN

EXIS

TING

6'

SHED

TO

2.2

9'

REM

AIN

CHAIN

LINK

8" SP FEN

CE W

/ PR

IVACY

20'

±12.0

5 A

C (5

25,0

06 S

.F.) 186 S

.F.

523300000030

I-1C(1

)A N

ORTH

HALF, I-1

(1)A

SO

UTH

HALF

IPUD

NEW

6' C

HAIN

LINK

SLA

TS

FENCE W

/ PRIV

ACY S

LATS

CHAIN

LINK

TO R

EMAIN

RELO

CATED

WHEEL

FENCE W

/ STO

PS (TYP.)

PRIV

ACY S

LATS

EXIS

TING

EXIS

TING

CHAIN

LINK

CHAIN

LINK

FENCE TO

BE

FENCE TO

BE

JUNKYA

RD

/SALV

AG

E YARD

/MATER

IAL R

ECO

VER

Y FACILITY

REM

OVED

REM

OVED

UNPA

VED

CUSTO

MER

PA

RKIN

G

AREA

16

16

17

18

9'

2'

9'

2'

X

45.5

7'

20'

20'

28'

20'

20'

28'

20'

PRO

POSED

99'

XX X

JUNKYA

RD

/SALV

AG

E YARD

/MATER

IAL R

ECO

VER

Y FACILITY

LIU

EXISTIN

G V

ESTED

WELL A

ND

SEPTIC

FACILITIES

PARKIN

G R

EQUIR

EMEN

TS: EXIS

TING

VES

TED PA

RKIN

G A

ND

LOAD

ING

IMPR

OVEM

ENTS

--ALL O

THER

OFF-S

TREET PA

RKIN

G

AND

LOAD

ING

REQ

UIR

EMEN

TS W

AIV

ED.

CAR S

TORAG

E AREA

PR

OCES

SIN

G B

LDG

. 9900 S

.F. (99'X1

00')

100'

2'

2'

2'

PAVED

HAND

ICAP

24'

24.8

9'

PARKIN

G

20'

GATES

PRO

JECT N

O: ZC

17135

EXISTIN

G 1

0' C

HAIN

LINK

DESIG

NED

BY: SRB

FENCE W

/ PRIV

ACY S

LATS

2.0

5'

TO R

EMAIN

DR

AFTED BY: SR

B

2'

9'

9

20'

20'

4

12'

2'

5'

12'

5'

CH

ECKED

BY: MK

DR

AWIN

G FILE: 17135PD

.DW

G

EXISTIN

G 6

' XR

EF'S: 17135_BASE.DW

GXR

EF'S: 17135SUR

V.DW

G

CHAIN

LINK

FENCE W

/ 1'

PRIV

ACY S

LATS

TO

REM

AIN

EXISTIN

G 8

' CHAIN

LINK

FENCE W

/ PR

IVACY S

LATS

TO

REM

AIN

EXISTIN

G

WO

OD

ED

AREA

FRO

NT O

F STO

RE A

REA

ENLA

RG

EMEN

T STEPH

EN R

. BUR

NS, R

LA NO

. 986 N

OT VALID

WITH

OU

T SEAL

SHEET:

OF

PD1

1

Page 31 of 51

http:WWW.ZEVCOHEN.COM

INTER-OFFICE MEMORANDUM

TO: Susan Jackson, AICP Senior Planning Manager

DATE: July 9, 2020

FROM: Melissa Winsett Transportation Planner

SUBJECT: LKQ Parking Study

Page 43 of 51

Site Photographs

View of entire front of property, taken from westbound U.S. Highway 92.

View of northeast corner of property.

View of northwest corner of the property

Page 45 of 51

GRAN

PROPERTY LOCATION PUD-19-030

DAYTONA BEACH

B O R

R O W

PIT

T O M

O K A R I V E R

USHW

Y 92 (I

NTL

SPEE

DWAY

BLVD

W)

AST

O N

GR

AN

DE DR

CR415

(TOM

OKA

FARMS

RD)

KELLY

THOMAS WAY

GRANDESUNN INGDALE LOOP

I-4 W

US92

EB

I-95ON

RAMP

CR4068

(BELLEV

UE AV)

CH

AM

PIO

N

RIDG

EDR

TOM

OKA FARM

S RD N DE CHAMPION BLVD

FRAN

CES

DR

FIRST BAPTIST PKWY

I-4 E

UV415

£¤92

§̈¦4

I 2/6/2019 1 " = 1,000 ' SUBJECT PROPERTY

Page 46 of 51

AERIAL PUD-19-030

USHW

Y 92 (

INTL

SPEE

DWAY

BLVD

W)

GRANDECHAMPION

BLVDFRANCES

D R

£¤92

IMAGE DATE 2018 I 1 " = 400 ' SUBJECT PROPERTY 2/6/2019

Page 47 of 51

ZONING CLASSIFICATION - CURRENT PUD-19-030

I-1C(1)A

A-2C(1)A A-2(1)A

I-1(1)A

IPUDA

R-5(1)A

RCA

DAYTONA BEACH

USHW

Y 92 (

INTL S

PEED

WAY B

LVD W

)

GRANDECHAMPION

BLVD FRANCES

DR

£¤92

1 " = 400 ' FROM: I-1C(1)A, I-1(1)ASUBJECT PROPERTY TO: PUDA I 2/6/2019

INDUSTRIAL INCORPORATED RESOURCE CORRIDOR

RESIDENTIAL AGRICULTURAL ZONING BNDY

Page 48 of 51

ZONING CLASSIFICATION - PROPOSED PUD-19-030

I-1C(1)A

A-2C(1)A A-2(1)A

I-1(1)A

IPUDA

R-5(1)A

RCA

IPUDC(1)A

IPUD(1)A

DAYTONA BEACH

USHW

Y 92 (

INTL S

PEED

WAY B

LVD W

)

GRANDECHAMPION

BLVD FRANCES D R

£¤92

I 1 " = 400 ' FROM: I-1C(1)A, I-1(1)A SUBJECT PROPERTY TO: IPUDC(1)A, IPUD(1)A 7/30/2020 INDUSTRIAL INCORPORATED RESOURCE CORRIDOR

RESIDENTIAL AGRICULTURAL ZONING BNDY

Page 49 of 51

FUTURE LAND USE PUD-19-030

USHW

Y 92 (

INTL

SPEE

DWAY

BLVD

W)

GRANDECHAMPION

BLVDFRANCES

D R

DAYTONA BEACH

LIU

LIU ESC

£¤92

1 " = 400 ' SUBJECT PROPERTY I 2/6/2019 ENVIRONMENTAL SYSTEMS CORRIDOR LOW IMPACT URBAN

INCORPORATED

Page 50 of 51

ECO/NRMA OVERLAYPUD-19-030

DAYTONA BEACH L T ) IN D W2 (9 VL

Y BWY AS H WU D

NCESD R

PE

ED

FRAS

VLN

B92 £¤

IOPM

AE

CHDN

AGR

SUBJECT PROPERTY

ECO

NRMA

I 1 " = 400 ' 2/6/2019

Page 51 of 51

Structure Bookmarks

public hearing: developmentpermitted uses – the development agreement limits the uses to those...

Documents