City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
ph: (386) 668-2040
fx: (386) 668-4122
Special Exception Request for 665 S. US Hwy 17-92
Attachment NameAttachment SizeAttachment Date
Size: 107K
Last Updated: 2014/3/27
Size: 162K
Last Updated: 2014/3/27
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City of DeBary

Subject:  Special Exception Request for 665 S. US Hwy 17-92 to Allow Storage and Retail Sales of Agricultural Products
From:  Rebecca Hammock, Planning Administrator     
Meeting/Hearing Date: April 2, 2014

(   )  Ordinance
(   )  Resolution
(X )  Other
(X )  Supporting Documents/Contracts

The property owners and applicants, Ebrahim Hamzehloiu and Mohammed Yadegae are requesting a special exception for their property zoned A-3 (Transitional Agriculture) to permit the storage and retail sales of agricultural products not raised on the premises for property located on the east side of US Hwy 17-92, south of Ft. Florida Road, north of Star Lane and SE of the SunRail station at 665 S. US Hwy 17-92 with a parcel ID # of 09-19-30-00-00-0210.

The applicants are requesting special exception approval for the subject property to allow tenants to store and sell agriculture products from the property such as mulch or sod. Currently, the applicants have a tenant who would like to sell mulch from the subject property. No improvements are proposed to the property other than portable barriers to delineate storage areas. Tenants will use the existing small building on site to operate. Paved parking is not required in A-3 zoning per Section 3-129 (1) of the City of DeBary Land Development Code. Therefore, due to the nature of the proposed use no development plan was required for the special exception request.

The current owners would like to make the best use of their property in accordance with its existing zoning designation until the market shifts and other development opportunities arise.  

Surrounding Uses and Zoning


Zoning Designation

FLU Designation



A-3 (Transitional Agriculture)

Southeast Mixed Use Area

Vacant; Wooded


A-3 (Transitional Agriculture)

Southeast Mixed Use Area

Vacant & Adkins Trucking, Clayton & Sons


C (Conservation)

Southeast Mixed Use Area

Vacant; Wooded


A-3 (Transitional Agriculture)

Southeast Mixed Use Area

Gus Tire Services, Vacant, SunRail Station

Background Discussion
The subject property is zoned A-3 (Transitional Agriculture), which permits agriculture uses and the processing, packaging, storage of and sale of agricultural products raised on the premises. The purpose and intent of the A-3 zoning classification is to preserve small farms for personal and limited agricultural production. The A-3 zoning classification only permits the processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises as a special exception use.  The minimum lot size for the A-3 zoning classification is one (1) acre. The subject property is less than one (1) acre; therefore the property is a legal non-conforming lot. The future land use of the subject property is Southeast Mixed Use Area and is located in the City’s Transit Oriented Development Overlay District, which is an opt-in incentive based district, which overlays but does not supersede existing land use and zoning. The Southeast Mixed Use Area permits commercial uses but requires new development to be approved through the Planned Unit Development process.

The current owners have had difficulty leasing the property since they purchased it in 2007. The owners have had inquires mostly for plant nurseries and for the sale of sod and/or mulch. The owners have also various inquiries for other uses such as open boat/ trailer storage but were not able to accommodate them due to zoning. The last tenant to occupy the property was there as an illegal use and sold sod and mulch. The property has historically been used as a plant nursery so the current owners were not aware that a special exception was needed to allow storage and retail sales of agricultural products.  Since the last tenant left, the City notified the owners of the special exception requirement and the property has been vacant for approximately two (2) years.

Due to the size of the property, its zoning classification and the current trend of development in the area, the current owners feel that storage and retail sales of agricultural products such as plant nurseries or much and/or sod business would be a sustainable use for the property and generate rental income until such time that the property could possibly be sold and aggregated with other land for transit oriented development, when the market dictates.

Findings of Fact
If City Council votes to approve the special exception request, the Council finds that the request meets the criteria put forth in Section 1-9 (2) Criteria for Special Exceptions contained in the Land Development Code and that the request is in compliance with the City’s Comprehensive Plan.  Pursuant to Section 1-9(3), LDC the City Council may impose additional reasonable conditions for the establishment and operation of the use.

Planning and Zoning Commission Recommendation
On March 26, 2014, the Planning & Zoning Commission reviewed the request and voted unanimously to recommend approval subject to the condition that all tenants of the property provide preventive measures to avoid illicit discharges to the City's stormwater system. Agriculture products such as raw materials or bare soils shall be contained on the property to prevent pollutant contribution to receiving waters in the City. Needed preventive measures will be inspected by the City during the Business Tax Receipt application process.

The applicant was not in attendance at the Planning & Zoning Commission meeting and no one spoke for or against the request during public participation.

Example Motions
Uphold the Recommendation of the Planning and Zoning Commission and approve the special exception with conditions.
Deny Case # 14-01-SE-665USHW

Location Map
Section 1-9 Special Exceptions, Land Development Code

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other