§ 72-297. Thoroughfare overlay zone regulations.

(a)

Purpose and intent:

(1)

The purpose of this section is to provide regulations to ensure safe ingress to and egress from proposed development along thoroughfares, to maintain adequate highway capacity, eliminate hazardous traffic conditions, lessen or prevent traffic congestion, establish a high standard for development, including additional sign regulations and create a more attractive streetscape. Commercial development typically expands along thoroughfares as population and traffic volumes increase in the vicinity of and along the thoroughfare. Eventually, conflicts result between the thoroughfare's function and its ability to move high volumes of traffic through an area.

(2)

This congestion is intensified when commercial growth increases along the entire length of the thoroughfare.

(3)

The increased commercial growth also changes the public's image of the thoroughfare. What was once considered an attractive tree-lined thoroughfare gradually and often rapidly begins to exhibit characteristics of uncontrolled strip commercial development. Once this pattern has been established, it is difficult to establish alternative types of development (e.g. residential) along these thoroughfares. Therefore, these regulations apply to thoroughfares which; (1) move large volumes of through traffic in addition to significant volumes of everyday local traffic; and (2) do not contain significant amounts of strip commercial development. These thoroughfare overlay zone regulations are intended to supplement all of the regulations of the existing zoning classifications except for permitted uses and special exceptions. The type of permitted uses or special exceptions allowed would be determined according to the existing zoning classification and the site design, signage, building location and the dimensional requirements would be regulated by these overlay zone regulations.

(b)

[Thoroughfare overlay zone:] A thoroughfare overlay zone is hereby established, and the regulations of this section shall apply in said zone. Said zone shall apply to all zoning classifications established in division 7 of this article, and the official zoning map shall identify said overlay zone by adding the letter "C" as a suffix to the existing zoning classification that currently exists on said maps. The thoroughfares, or portions thereof, to which these regulations apply are as follows:

(1)

North coastal area:

State Road #40: Western boundary lines of Section 26, Township 14 South, Range 31 East to Ormond Beach west city limits.

U.S. #92: Indian Lake Road east to Daytona Beach west city limit.

(2)

South coastal area:

State Road #44: New Smyrna Beach city limit west to Tomoka Farms Road (CR 415).

(3)

West Volusia area:

U.S. #92: Eastern boundary line of Section 25, Township 16 South, Range 30 East, to State Road 15-A.

State Road 15-A: U.S. #17 South to U.S. #17-92.

U.S. #17: Eastern boundary of Section 39, Township 16 South, Range 30 East, to South boundary line of Section 4, Township 17 South, Range 30 East.

U.S. #17-92: North Line of Section 21, Township 17 South, Range 30 East, to South line of Section 33, Township 17 South, Range 30 East.

State Road #44: Western boundary line of Section 14, Township 17 South, Range 29 East, to East boundary line of Section 17, Township 17 South, Range 31 East.

West Volusia Beltline: State Road #44, to North boundary line of Section 13, Township 18 South, Range 30 East. (Ord. No. 85-24, § XVII, 10-10-85; Ord. No. 86-16, § XXXII, 10-23-86; Ord. No. 88-2, § XXI, 1-19-88)

(Ord. No. 84-25, § XXV, 10-10-84; Ord. No. 88-2, § XXII, 1-19-88; Ord. No. 02-07, § I, 3-7-02)

(c)

Dimensional requirements:

(1)

Minimum lot width: No premises shall be divided for the purpose of development of sale such that the width of each or any premises is less than 300 feet measured along the right-of-way line, except as follows:

If vehicle access to any premises is provided by means other than directly onto an arterial, then the minimum lot width requirement may be reduced to 150 feet, and direct vehicle access to a major arterial shall be prohibited.

(2)

Minimum yard size: Front yard: 50 feet.

(3)

Maximum building height: Three stories, not to exceed 35 feet.

(4)

Maximum lot coverage: Total coverage of principal and accessory buildings shall not exceed 30 percent.

(5)

Thoroughfare overlay zone depth: The thoroughfare overlay zone requirements shall be applied to all premises that front onto or have access to the thoroughfare to a distance equal to the depth of the rear property line, but not to exceed a depth of 660 feet as measured perpendicular from the centerline of the thoroughfare right-of-way.

(d)

Off-street parking and loading requirements: Off-street parking and loading space shall meet the requirements of section 72-286 and in addition shall meet the following:

Off-street parking and loading areas shall be permitted in the front yard or the side yard that is adjacent to a thoroughfare as long as the off-street parking and loading areas are designed outside the 35-foot wide landscaped buffer area along the project perimeter adjacent to thoroughfares. Said area shall contain landscaped fences, walls or berms of sufficient heights and opacity to generally obscure parked vehicles from view of the traveling public. All parking areas shall contain a minimum of 20 percent interior landscaping, excluding any required landscaped buffer area as provided in subsection (e), below.

(e)

Landscaping buffer requirements: In addition to meeting the landscape buffer requirements in section 72-284, the following requirements shall also be met:

(1)

A landscape plan shall be provided identifying the quantity, botanical and common name, size and location of plant material, including those existing plant materials to be retained. Plans and specifications for an underground irrigation system are required for any landscaped area.

(2)

A minimum of 30 percent of the area of the site shall be covered by landscape materials as specified in subsection 72-284(1) of this article.

(3)

Except for access driveways, it is intended that development along the thoroughfare corridor shall be designed to prevent the need for fill material or such other treatment which would remove or harm existing trees within the required front yard.

(4)

A landscaped buffer area shall be provided along the perimeter of the property. The width of the buffer shall be determined by the requirements in subsection 72-284(2) unless the site is located on a thoroughfare, then the front buffer shall be a minimum of 35 feet. If the thoroughfare right-of-way is less than 140 feet, then the buffer area will start at a point 70 feet from the centerline of the thoroughfare.

(f)

Final site plan requirements: In addition to meeting the final site plan requirements in division 3 of the Land Development Code [article III], the following requirements shall be met:

All site plans, reports and general information will be submitted to the development review committee to ensure compliance and consistency for all developments along the thoroughfare.

(g)

Service road requirement: All premises fronting thoroughfares upon which the thoroughfare overlay zone regulations have been applied shall be provided access via a service road, unless as otherwise specified herein. The service road may either be in the front or rear of the project site depending on the location of any existing service road.

(h)

Transportation impact analysis report; purpose: The transportation impact analysis report is designed to identify the transportation impacts and problems which are likely to be generated by a proposed use because of the size, density, traffic generation rates or location. The report will also identify all improvements required to ensure safe ingress and egress from a proposed development, maintenance of adequate street capacity, and elimination of hazardous conditions and improvements necessary for immediately surrounding roadways and intersections as a result of the proposed development.

(1)

Threshold for traffic impact analysis report: A transportation impact analysis report shall be required, unless waived by the county traffic engineer, for all uses which meet or exceed any one or more of the following thresholds:

a.

Any development which proposes to have direct access to any roadway designated in subsection (b) of this section.

b.

Any use which, according to the Institute of Transportation Engineers Trip Generation Manual, latest edition, rates published by the Florida Department of Transportation, or rates documented by study as agreed prior to use by the Volusia County Traffic Engineer will generate in excess of 1,000 trips per day.

(2)

Contents of transportation impact analysis report: The transportation impact analysis report shall include the following:

a.

General site description: A detailed description of the highway network within a radius as determined by the county traffic engineer of the site, a description of the proposed project, the anticipated stages of construction, and the anticipated completion date of the proposed land development. This description, which may be in the form of a map, shall include the following items:

1.

All major intersections;

2.

All proposed and existing ingress and egress locations;

3.

All existing roadway widths and rights-of-way;

4.

All existing traffic signals and regulatory signage;

5.

All existing and proposed public transportation services and facilities within the above-determined radius of the site.

b.

Description of existing traffic conditions: A 24-hour traffic count shall be conducted for a typical weekday on all roadways which have direct access to a proposed development site. The existing average daily traffic volume, and the highest average peak hour volume for any weekday hour between 3:00 p.m. and 6:00 p.m. shall be recorded. These traffic volumes shall be averaged to determine the average hourly peak traffic volume for a weekday. The methodology used to calculate existing traffic conditions and use of traffic counts and data other than those described above to represent existing traffic conditions shall be subject to the approval of the county traffic engineer.

c.

Transportation impact of the development. A report shall be made detailing the nature and extent of the trip generation expected to result from the proposed development. Trip generation analysis shall include an estimate of internal/external split, if applicable, and a determination of what characteristics of the development will yield such a split. The source of all trip generation rates shall be according to the Institute of Transportation Engineers Trip Generation Manual, latest edition, rates published by the Florida Department of Transportation, or rates documented by study and agreed to prior to use by the Volusia County Traffic Engineer.

d.

Determination of roadway service level—Calculate service volumes: Roadway service volumes shall be calculated at the level of service for the thoroughfare which is specified in the comprehensive plan. Data and procedures contained in the Highway Capacity Manual, Special Report, 209, 1985, published by the transportation research board shall be utilized in deriving the information required by the transportation impact analysis report.

e

Determination of intersection service level:

1.

Data and procedures in the Highway Capacity Manual, Special Report, 209, 1985, published by the transportation research board shall be utilized in determining intersection service levels.

2.

The post-developing level of service for all intersections shall be in accordance with the comprehensive plan.

3.

Determine the existing level of service of all intersections within one-half mile of the proposed development using the critical movement analysis techniques provided in subsection e.1., above.

f.

Analysis of transportation impact: An analysis shall be undertaken to determine if roadways and intersections will operate at the level of service specified by the comprehensive plan following completion of the development given the future peak hour traffic that will be generated by the proposed development. This analysis shall consist of a comparison of the total future peak hour roadway traffic demand with the plan's mandated level of service standard and a critical movement analysis for intersections to determine the impact of total future peak hour traffic on intersection level of service. All roadways and intersections that would operate below the required level of service following completion of the development shall be considered deficient.

Maintenance of levels of service. Whenever level of service is determined to be below the level specified by the comprehensive plan, development is not permitted unless the developer makes the roadway or other improvements necessary to maintain the specified level of service.

(3)

Traffic-control devices: Whenever, as a result of additional traffic generated by a proposed development, the manual on uniform traffic control devices determines the need for a traffic signal or regulatory sign, the developer shall be responsible for installing all said devices and signs.

(4)

Large developments: [Large developments] (over 250 vehicle trips generated per one hour during 3:00 p.m. and 6:00 p.m.) shall also include the following:

a.

The impact report for developments which will generate between 250 and 1,000 trips during the peak hour shall involve an analysis of all arterials and all intersections within one mile of the proposed project.

b.

Except for developments of regional impact as defined by F.S. § 380.06, the impact report for developments which will generate over 100 trips during the peak hour shall involve an analysis of all arterial and collector roadways and all intersections within three miles of the proposed project.

(i)

Temporary access: No developer shall be denied a rezoning or building permit for the sole reason that the parcel for which it is sought cannot physically accommodate the requirements of this classification because adjoining segments of service roads or public roadways are not yet constructed. In such an event, a temporary access permit will be issued which shall expire when the proposed access becomes available to the parcel.

(j)

Sign regulations: The sign regulations established in section 72-298 et seq. shall also apply in any thoroughfare overlay zone; provided, however, the maximum permissible height for any ground sign is eight feet, and the maximum permissible copy area for any ground sign is 40 square feet.

(Ord. No. 85-24, §§ XVIII—XXIV, 10-10-85; Ord. No. 86-16, § XXXIII, 10-23-86; Ord. No. 88-2, §§ XXIII—XXX, 1-19-88; Ord. No. 89-20, § XLIII, 6-20-89; Ord. No. 92-6, § LXVI, 6-4-92; Ord. No. 02-07, § II, 3-7-02; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2018-05, § IX, 1-18-18)