Volusia planners back limited approval for Legacy Diving Dogs facility with strict conditions

Volusia County planning commissioners voted May 15 to forward a recommendation of approval to the County Council for a special exception that would allow Legacy Diving Dogs to operate a dock-diving and training facility on a 10.56‑acre A‑1/Resource Corridor parcel near Marsh Road in the DeLand area.

The Planning and Land Development Regulation Commission (PLDRC) made the recommendation after public testimony both for and against the proposal, a staff presentation recommending denial and substantial negotiations between the applicant and adjacent property owners. The applicant has agreed to a set of conditions that limit events, require landscape buffers, and subject the use to a one‑year review.

The commission heard from county planner Scott Ashley, who described the parcel, the companion variance request and staff’s continued recommendation of denial. "This property is a 10.56‑acre parcel in the northeast of DeLand ... the proposed use includes weekend events, weekly training sessions," Ashley told commissioners, noting the permit history and adjacent‑owner concerns.

Joey Posey, attorney for the applicant, told the commission the owners have reduced the scope of activity from earlier plans after meetings with neighbors. "We have an agreement with the owner to the south," Posey said, adding the applicant offered to limit events to five per calendar year, schedule events to start no earlier than 10 a.m., require registration and increase landscape buffering along sensitive property lines.

Tammy Montgomery, who identified herself as co‑owner of Legacy Diving Dogs, said events to date have been small. "On average ... we had about 30 cars over nine hours," she told the commission.

Supporters said the facility provides training and recreation for rescued dogs and attracts visiting competitors who spend money locally. "They taught my dogs, which are rescues if it matters, to swim. And now we go to dock diving events ... and we love it," said David Procolo, an attendee who described visiting events and spending locally afterward.

Opponents, mostly nearby residents, raised traffic, noise, property‑value and enforcement concerns. Neighbor Roland Simon said the quiet rural character would be harmed by repeat events: "If they're having a big show going on in my home, nobody's gonna buy my property — that's my problem with the show they're having and the traffic," he said. Another adjacent resident, Brett Whitson, told the commission he had seen the facility advertise everyday training and expressed worry about daily, not only occasional, noise.

Several nearby owners negotiated directly with the applicants during the month between hearings. Adjacent property owner Dwight Lewis told the commission he and the applicant had agreed that limiting events to five per year was acceptable; Lewis supported a condition allowing one food truck during those scheduled event weekends.

Commissioners pressed the applicant on key details and enforcement. Commissioner Costa asked whether the applicant would accept an annual review; Posey agreed, saying "I have no problem with that — I think that's a good condition." Commissioner Bush requested stronger landscape and buffer language; staff and the applicant agreed to require planting along the east and south property lines per the recreational‑area landscape buffer code.

After public comment and applicant rebuttal, commissioners amended staff's conditions and voted to forward the special exception to County Council with a recommendation of approval subject to modified staff conditions. Key conditions the commission added or clarified include:

- A maximum of five scheduled dock‑diving weekend events per calendar year, with the applicant to provide event dates to the county by Dec. 1 of each year. - Weekly lessons limited to one individual dog at a time during hours of operation (no group lessons as defined in the conditions). - No roaming dogs during events; dogs must be leashed during lessons unless on the dock as part of a supervised exercise. - A limit of one food truck allowed on site only during the five scheduled weekend events, subject to the county’s permitting rules for temporary vendors. - The owner must install the required recreational landscape buffer planting along the east and south property lines per county code and the final site plan; the applicant must submit a final site plan within 180 days of County Council approval (subject to staff extension for good cause). - A compliance review by County Council one year after final site‑plan approval to determine conformity with the conditions and any valid code‑compliance complaints; Council retains authority to revoke the special exception if conditions are violated.

The PLDRC also considered and approved companion variances related to yard setbacks for accessory structures requested as part of the proposal. The board approved the variances with staff conditions by a 6‑1 vote (Commissioner Bush dissented) and then unanimously forwarded the special exception recommendation to County Council for final action.

Commissioners said the layered conditions — limits on the number and timing of events, one‑on‑one lesson limits, landscape buffering and an enforceable annual review — were designed to balance the applicant’s proposed recreational use with neighbor concerns about noise, traffic and property impacts.

The County Council will take final action on the special exception and the companion variance. If approved, the applicant must complete the required final site‑plan process and meet the buffer/landscaping and other permit conditions before re‑initiating business activities. The County’s code provides for revocation of special exceptions if an approved use is found to violate conditions.

Community members on both sides of the issue said they will watch enforcement closely. "We're gonna be under a microscope at least for a year," the chair told the room after the vote.