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DEVELOPMENT REVIEW COMMITTEE Minutes of the Meeting Tuesday, June 16, 2009 MEMBERS PRESENT Gregory K. Stubbs, Growth & Resource Management Director Mary B. Robinson, Building and Zoning Director Gloria Marwick, Water Resources and Utility Director for George Recktenwald, Public Works Director STAFF PRESENT Palmer M. Panton, Land Development Manager Jay D. Preston, P.E., County Development Engineer Ginger Adair, Natural Resources Director Danielle Dangleman, Environmental Specialist III Scott Ashley, Planning Manager Martine Wallenberg, Planner II Sherri LaRose, Land Development CALL TO ORDER The meeting of the Volusia County Development Review Committee was called to order by Chair Gregory K. Stubbs, on Tuesday, June 16, 2009, at 8:31 a.m., at the Thomas C. Kelly Administration Building, in the DRC Conference Room, DeLand, Florida. Roll was called by Sherri LaRose. All members were present or represented. APPROVAL OF AGENDA Chair Stubbs opened the floor for approval of the agenda for the June 16, 2009, DRC meeting and there were no changes. Page 1

APPROVAL OF MINUTES Chair Stubbs called for a motion to approve the minutes from the June 2, 2009, DRC meeting. Member Robinson MOVED for APPROVAL of the DRC minutes from June 2, 2009. The MOTION was SECONDED by Member Marwick. The MOTION CARRIED Staff Member, Becky Mendez, Senior Planning Manager, joined the meeting. OLD BUSINESS 8:34 A.M. A. Halifax Plantation Unit II - Section O 2009-S-PPL-0032 Parcel #: 8408-01-00-0100 RSN: 522060 Project Representatives: Mr. Parker Mynchenberg, P.E. Parker Mynchenberg & Associates Mr. John Collins Halifax Plantation, Inc. This is a request for approval of a Subdivision Preliminary Plat Application. Member Robinson MOVED for APPROVAL of a Subdivision Preliminary Plat Application subject to meeting conditions as stipulated in the Land Development summary comments and the recommendations of the Technical Review Committee, with the following amendments or conditions: 1. The Minor Amendments for the Halifax Plantation and Plantation Oaks PUD s must be approved and recorded prior to the issuance of the Subdivision Preliminary Plat Development Order. Page 2

2. Revise the plans to depict the proposed 90-ft. wide Tree Preservation Easement located along the rear portion of Lots 125-134. 3. The existing specimen trees on Lots 1, 2, and 4 must be barricaded and protected from encroachment into the drip line area, approximated as one foot of radius per inch of tree diameter, during the time of construction. During the review of the individual building permits, staff will verify that these trees are not proposed for removal. 4. Accept the existing width of Lot 215 as depicted on the plans. The building setback line measured at the70-ft. in lot width must be depicted on the building plans and plat. The plat may be required to depict and define a no building area. 5. A waiver of the requirement to submit a statistical tree survey, as stated in Environmental Comment #4, is approved and will not be required. 6. A waiver of the requirement to Section 72-840(b)(4)(g) of the Land Development Code of Volusia County, Florida, is approved, allowing the developer to pre-clear a total of 184-residential lots (77% of the lots), plus the wastewater treatment plant. Tree protection must be installed at all of the proposed clearing limits. Prior to any clearing, inspections and approval by the Environmental Management Department staff will be required. The MOTION was SECONDED by Member Marwick. The MOTION CARRIED 9:10 A.M. B. Harmony II, LLC Subdivision 2009-S-ODP-0103 Parcel #(s): 5815-00-00-0181 & 5815-00-00-0182 RSN: 546914 Project Representative: Mr. Lawrence Cobb - Harmony II, LLC This is a request for modification of the previous DRC approval of an Overall Development Plan Application. Page 3

Member Robinson MOVED for APPROVAL of the modification of the previous DRC approval of an Overall Development Plan Application and limited the required 35-ft. wide access easement along the easterly portion of proposed Parcel B only. The MOTION was SECONDED by Member Marwick. The MOTION CARRIED NEW BUSINESS 9:15 A.M. A. Florida Baptist Children's Homes 2009-F-FSP-0213 Parcel #(s): 7419-23-00-0360 & 7419-23-00-0361 RSN: 545259 Project Representative: Mr. Daniel Johns, P.E. - Daniel Johns Engineering This is a request of approval of a Final Site Plan Application. Member Marwick MOVED for APPROVAL of a Final Site Plan Application subject to meeting conditions as stipulated in the Land Development summary comments and the recommendations of the Technical Review Committee, with the following waivers or conditions: 1. A waiver to Section 72-612 of the Land Development Code of Volusia County, Florida, requiring Ingham Road to be improved, is approved, as the requirement was determined to be satisfied by the dedication of additional 35-ft. of right-of-way and the construction of a five (5)-ft. wide sidewalk. 2. The revised Florida Baptist Children s Home MPUD (PUD-08-034) Development Agreement must be recorded prior to the issuance of the Final Site Plan Development Order. The MOTION was SECONDED by Member Robinson. The MOTION CARRIED Page 4

9:19 A.M. B. Pitmaster BBQ 2009-F-FSP-0207 Parcel #: 5917-01-12-0030 RSN: 545941 Project Representative(s): Mr. Sam D. Trivett Mr. W. A. Cross, P.E. - W.A. Cross Consulting Engineering This is a request for approval of a Final Site Plan Application. Member Marwick MOVED for APPROVAL of a Final Site Plan Application subject to meeting conditions as stipulated in the Land Development summary comments and the recommendations of the Technical Review Committee, with the following waivers or conditions: 1. A waiver to Section 72-618(b)(1)(b) of the Land Development Code of Volusia County, Florida, requiring a minimum of 14-ft. overhead clearance for off-street loading spaces is approved. A revised plan depicting a minimum of 10-ft. overhead clearance with warning signage for the drive-thru window must be approved by Traffic Engineering. 2. Uphold the previous issuance of the Final Site Plan Development Order, and require all future Non-Conforming Lot Letters be based on the acquisition of the property by Mr. and Mrs. Trivett, on March 3, 2009. The MOTION was SECONDED by Member Robinson. The MOTION CARRIED Page 5

9:20 A.M. C. CVS Pharmacy Enterprise Road 2009-F-FSP-0166 Parcel #(s): 8014-00-00-0290, 8015-00-00-0300, & 8015-00-00-0301 RSN: 545957 Project Representative(s): Mr. Eric Lindsey Boos Development Group, Inc. Mr. J.D. Alsabbagh, P.E. Sycamore Engineering, Inc. This is a request for approval of a Final Site Plan Application. A revised plan sheet C-4 was distributed to the members of the DRC that depicted an angled dumpster/trash compactor area and the required two (2)-loading zone areas adjacently located behind the building. Member Robinson MOVED for APPROVAL of a Final Site Plan Application subject to meeting conditions as stipulated in the Land Development summary comments and the recommendations of the Technical Review Committee, with the following conditions: 1. The preservation of the 30-inch elm and its associated root system will be required per Section 72-843 of the Land Development Code of Volusia County, Florida. As suggested by the revised plan sheet C-4 that was distributed at the meeting, the creation of a tree well, an aeration system, and the installation of paver block in lieu of impervious pavement are all alternatives that may be offered as ways to enhance the tree preservation. 2. It was noted that a revision to the St. Johns River Water Management Permit may be required when re-designing the vault system to protect the root system of the 30-inch elm. 3. If the revisions to the plan as distributed to the DRC are approved, the County Staff will work with Orange City in support of the shifting of one (1)- parking space westward, along the northwest parking area, with an increased landscape island. Written correspondence from City staff supporting the adjustment of landscaping to accommodate the preservation of the 30-inch elm, as stated in City Comment #26 under the Landscape Standards Checklist dated June 12, 2009, will be required. Page 6

4. The number of required parking spaces of 66 spaces is approved as the maximum number allowed, in recognition of the preservation of the 30-inch elm. The two (2) parking spaces, adjacent to the proposed dumpster area, must be designated as employee parking spaces. 5. The proposed vehicular circulation plan depicting a one-way traffic flow along the southwest entrance of the site must be approved by Traffic Engineering. 6. The parcels must be under unified ownership and be combined into one unified building site prior to the issuance of the Final Site Plan Development Order. The MOTION was SECONDED by Member Marwick. The MOTION CARRIED ADDITIONAL BUSINESS None. DISCUSSION 9:45 A.M. A. Heart Island 2008-S-PPL-0539 Parcel #(s): 4936-00-00-0010, 5004-00-00-0030, 5005-00-00-0010 & 4031-00-00-0020 RSN: 516335 Staff Representative: Mr. Palmer M. Panton, Land Development Manager Land Development received notice that the Heart Island Equestrian Estates has formally withdrawn the Preliminary Plat Application for Phase 1. Phase 1 is the only phase that has been submitted for subdivision review. The PUD for Heart Island Equestrian Estates was recorded on September 25, 2006 in O.R. Book 5920, Page 410. Section P of the PUD states that the Agreement will Page 7

expire in five (5)-years unless a subdivision plan as described in Section A, 3 of the PUD has been submitted, or unless the Zoning Enforcement Official has approved a Minor Amendment to extend the time period. Therefore, subdivision review of all phases must have been submitted, through the Final Plat stage, prior to the expiration in 2011. Phase 1 received an Overall Development Plan Development Order on November 12, 2007, with a valid period of two (2)-years. The Preliminary Plat was reviewed by the DRC on October 7, 2008. That review was continued and the Preliminary Plat has not yet been approved. Chair Stubbs directed staff to draft correspondence informing County Council Members of the withdrawal of the aforementioned application, since the recorded PUD for Heart Island Equestrian Estates is set to expire on September 25, 2011. ADJOURNMENT There being no further business or discussion, the meeting was adjourned at 9:50 a.m. Page 8