CITY OF DELAND, FLORIDA
REQUEST FOR COMMISSION ACTION
FEBRUARY 15, 2016
Department:
Subject: Z- 15- 87; Change
4. 09 Acres Located
Hill Ave.
Attachments:
Planning
Along
on
of
Zoning
the East Side
S.
Hurst Ct. From R- 8 to PD,
South Ridge Villas Two
Prepared
for
of
by:
I X ] Ordinance
X ] Development Agreement
[ X] Staff Report
X ]
Location Map
Approved by:
Pcs,Department Head
City Manager
SUMMARY/ HIGHLIGHT:
The applicant, Colleen Miles ( for JTC Southridge Investment, LLC, and Owner) is requesting to
rezone the undeveloped portion of the South Ridge Villas subdivision to a planned development
to facilitate
family construction on smaller-than- typical lots ( 4, 000 sq. ft.). The South
Ridge Villas Subdivision was originally platted in 2006 for the development of duplexes under
single- ownership.
The subdivision was then subsequently replatted in 2008 to allow for
individual ownership of attached units, thereby doubling the number of lots ( from 13 to 26), but
so
not
the
single-
number of
dwellings. Only 4 duplexes ( 8 lots) have been
constructed at
this time.
The
proposed planned development only encompasses the remaining undeveloped lots and the
proposed development plan reduces the number of undeveloped lots from 18 to 16.
At their January 20, 2016 meeting, the Planning Board recommended approval with staff
conditions, for the rezoning. The attached PD Development Agreement contains revisions to
address the conditions from staff, except for determination that the current storm water
management system can handle the new arrangement and the plat reference on Exhibit B has not
been corrected. Both of these conditions will be met prior to the second reading of the adoption
ordinance.
STRATEGIC PLAN FOCUS AREA/ ACTION STEP: NA
SUSTAINABILITY: NA
FISCAL IMPACT: Services were already anticipated to be provided to the original duplex
subdivision. Single family lots should not create any additional fiscal impacts.
RECOMMENDATION:
It is recommended that the City Commission approve the rezoning to PD on first reading, with
the
condition
that the remaining
staff comments are addressed prior
to
second
reading.
Page 2
of
2
SUBJECT: Z-15- 87; Change
February 15, 2016
of
Zoning for+/- 4. 0922 Acres Located on the East Side of S.
Hill and Hurst Ct. From R- 8 to PD, Southridge Villas Two
BACKGROUND/ DISCUSSION:
Refer to
attached staff report.
ORDINANCE NO. 2016 ORDINANCE
OF THE
CITY
COMMISSION
OF
DELAND,
FLORIDA, CHANGING THE ZONING FROM THE CITY' S R-8,
MULTIPLE
FAMILY
DWELLING
TO
THE
DESIGNATIONS
AN
SOUTHRIDGE VILLAS TWO PD, PLANNED DEVELOPMENT ZONING
DESIGNATION, ON PROPERTY LOCATED ON THE EAST SIDE OF
SOUTH HILL AVENUE AT HURST COURT; APPROVING A PLANNED
DEVELOPMENT PLAN CONSISTING OF APPROXIMATELY 4. 09 +/ACRES OF PROPERTY; MAKING FINDINGS OF CONSISTENCY
WITH THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF
DELAND; DIRECTING CHANGE IN THE COMPREHENSIVE ZONING
MAP; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, JTC Southridge Investment, LLC,
owns
4. 09 +/-
acres of land located on
the east side of South Hill Avenue at Hurst Court, which is more particularly described in the
legal description attached hereto as Exhibit " A" and by this reference made a part hereof; and
WHEREAS,
Applicant")
Colleen
Miles,
on
behalf
of
the
owner,
(
hereinafter referred to
as
has applied for a change of zoning from the present zoning classification of City' s
R- 8, Multiple Family Dwelling, to the City' s PD, Planned Development District; and
WHEREAS, said rezoning as a PD District is consistent with both the Comprehensive
Plan and the purpose and intent of Section 33- 32 of the Code of Ordinances of the City of
DeLand ( the " Code");
WHEREAS,
and
the Applicant has submitted an
application for the approval of a
development plan in order to change certain development standards for the property described in
Exhibit " A" ( hereinafter the "
Property"
or
the " Project");
and
WHEREAS, the proposed development plan meets or exceeds the minimum conditions
and standards for the PD District with respect to minimum development size, perimeter setbacks,
comprehensive plan consistency, internal compatibility, external compatibility, open spaces,
sidewalks, environmental constraints, internal access and circulation, external transportation
access, off-street parking, public facilities and unified control; and
WHEREAS, the proposed development plan is consistent with the medium density
future land use designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
DELAND, FLORIDA:
Section 1.
The City Commission has held a public hearing to approve the change of
zoning from the City' s R- 8, Multiple Family Dwelling zoning designations to the Southridge
Villas Two PD, Planned Development District, on the property located on the east side of South
Hill Avenue at Hurst Court.
Section 2.
Pursuant to the determination made at public hearing, the City Commission
hereby amends the Comprehensive Zoning Map of the City to include the land described in
Exhibit " A" as the Southridge Villas Two PD, Planned Development District.
Section 3. The zoning of the Property as PD, Planned Development District, is made
pursuant to Section 33- 32 of the Code and the development of the Property shall take place in
accordance with that Section and in substantial
Agreement, Maps
and
other
compliance with the Development Plan
submitted by Applicant which shall be
supporting documentation
filed and retained for public inspection in the office of the City Planning Department and
constitute a supplement to the official Zoning Map of the City.
Section 4.
The approved Development Plan for the Southridge Villas Two PD, Planned
Development District, including the Development Plan Agreement, Map and other supporting
documentation ( on file
with the
City Planning
and by this reference made a part hereof.
Section 5.
Department), are attached hereto as Exhibit " B"
The failure of the approved Development Plan to address a particular permit,
condition, term or restriction shall not relieve the Applicant of the necessity of complying with
any law governing said permitting requirements, conditions, terms or restrictions, as same may
be amended or enacted from time to time in the future. All current land development regulations
of the City are applicable to the PD District except to the extent that they conflict with a specific
provision of the approved Development Plan.
Section 6.
At the time of development, the Applicant shall comply with all relevant
building codes and development standards contained in the City' s Code of Ordinances or in the
Development Plan; provided, however, that the development standards contained in the adopted
Development Plan shall supersede comparable standards contained in the Code of Ordinances.
Section 7.
Pursuant to Article 5 of the City' s Land Development Regulations, the
Applicant shall comply with all applicable infrastructure regulations.
Section 8.
The City Engineer, Planning Director, and Building Department are hereby
directed to change the Comprehensive Zoning Map of the City of DeLand to conform with the
change of zoning enacted in this Ordinance.
Section 9.
If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, that holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 10. This Ordinance shall become effective immediately upon its adoption.
PASSED AND DULY ADOPTED this
day
of
Robert F. Apgar
Mayor- Commissioner
ATTEST:
Julie A. Hennessy
City Clerk - Auditor
Passed on first reading:
Adopted on second reading:
APPROVED AS TO FORM AND LEGALITY:
Darren J. Elkind
City Attorney
2016.
EXHIBIT" A"
DESCRIPTION:
A PORTION OF SOUTH RIDGE VILLAS TWO ACCORDING TO PLAT
RECORDED IN PLAT BOOK 54, PAGE'S 183 AND 184, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA, AND LYING IN
SECTION 15, TOWNSHIP 17 SOUTH, RANGE 30 EAST, CITY OF
DeLAND, OF SAID VOLUSIA COUNTY, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST
1/ 4 OF SAID SECTION 15; THENCE RUN S89° 36' 13" E ALONG THE
NORTH LINE OF THE SOUTHEAST 1/ 4 OF SAID SECTION 15 A
DISTANCE OF 659. 15 FEET; THENCE RUN S01° 06'24" W A DISTANCE
OF 25. 00 FEET TO THE POINT OF BEGINNING;
THENCE RUN S01° 06'24" W ALONG THE EASTERN BOUNDARY OF
SAID SOUTH RIDGE VILLAS TWO A DISTANCE OF 284.66 FEET;
THENCE RUN N88° 55'27" W ALONG THE SOUTHERN BOUNDARY
OF SAID SOUTH RIDGE VILLAS TWO A DISTANCE OF 634.60 FEET
TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH HILL
AVENUE, A 50' RIGHT OF WAY; THENCE RUN N01° 17'01" E ALONG
SAID EAST RIGHT OF WAY LINE AND THE WESTERN BOUNDARY
OF SAID SOUTH RIDGE VILLAS TWO A DISTANCE OF 89.08 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE EAST
HAVING A RADIUS OF 25.00 FEET; THENCE DEPARTING THE
EAST RIGHT OF SAID HILL AVENUE AND ENTERING ALONG THE
SOUTH RIGHT OF WAY OF HURST COURT, A 50' RIGHT OF WAY
AS SHOWN ON THE PLAT OF SAID SOUTH RIDGE VILLAS TWO
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE
PASSING THROUGH A CENTRAL ANGLE OF 89° 08' 32" AND
HAVING AN ARC LENGTH OF 38.90 FEET TO THE POINT OF
TANGENCY; THENCE RUN S89° 34'27" E ALONG THE SOUTH RIGHT
OF WAY LINE OF SAID HURST COURT A DISTANCE OF 409. 72
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE
RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
PASSING THROUGH A CENTRAL ANGLE OF 259 50 09 AND
HAVING AN ARC LENGTH OF 272. 10 FEET TO THE POINT OF
TANGENCY; THENCE RUN N89 34 27" W ALONG THE NORTH
RIGHT OF WAY LINE OF SAID HURST COURT A DISTANCE OF
192. 50 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID
SOUTH RIDGE VILLAS TWO; THENCE RUN N00°25'33" E ALONG
THE EAST LINE OF SAID LOT 8 A DISTANCE OF 113. 74 FEET TO
THE NORTHEAST CORNER OF SAID LOT 8 AND TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF EUCLID AVENUE, A 50 FOOT
RIGHT OF WAY; THENCE RUN S89° 34'27" E ALONG THE SOUTH
RIGHT OF WAY LINE OF SAID EUCLID AVENUE A DISTANCE OF
310. 99 FEET TO THE POINT OF BEGINNING.
DESCRIPTION:
TRACT "A" DRAINAGE AND RETENTION AREA, SOUTH RIDGE
VILLAS TWO ACCORDING TO PLAT RECORDED IN PLAT BOOK
54, PAGE'S 183 AND 184, PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, AND LYING IN SECTION 15, TOWNSHIP 17 SOUTH,
RANGE 30 EAST, CITY OF DeLAND, OF SAID VOLUSIA COUNTY,
FLORIDA
DESCRIPTION:
TRACT "B" OPEN AREA, SOUTH RIDGE VILLAS TWO ACCORDING
TO PLAT RECORDED IN PLAT BOOK 54, PAGE'S 183 AND 184,
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND LYING
IN SECTION 15, TOWNSHIP 17 SOUTH, RANGE 30 EAST, CITY OF
DeLAND, OF SAID VOLUSIA COUNTY,
FLORIDA
1
PLANNED DEVELOPMENT AGREEMENT
2
IN THE CITY COMMISSION OF THE
3
CITY OF DELAND, FLORIDA
4
IN RE: Z-25- 87, Application of
5
JTC SOUTHRIDGE INVESTMENT LLC
6
ORDINANCE #
7
to be Provided After Commission Approval)
8
ORDER AND RESOLUTION
9
GRANTING A REQUEST FOR CHANGE OF ZONING FROM R- 8 TO
10
SOUTH RIDGE VILLAS TWO RESIDENTIAL PD ( PLANNED DEVELOPMENT)
11
12
The
application of
JTC Southridge Investment LLC hereinafter, " Applicant", for
13
rezoning was heard by and before the City Commission, DeLand Florida, on February 15,
14
2016. Based upon the verified Application and other supporting documents, maps, charts,
15
overlays, other evidence and instruments; the advice, report, and recommendations of the
16
Community Development, and other Departments and agencies of DeLand, Florida; and
17
the testimony adduced and evidence received at the Public Hearing on this Application by
18
the Planning Board on January 20, 2016, and otherwise being fully advised, the City
19
Commission does hereby find and determine as follows:
20
S - 827
Page 1
of
11
1
GENERAL FINDINGS
2
3
4
A.
That the application of JTC Southridge Investment LLC was duly and properly
filed herein on November 16, 2015 as required by law.
5
6
7
B.
That all fees and costs which are by law, regulation, or Ordinance required to
be borne and paid by the applicant have been paid.
8
9
C.
That the
applicant
is the
owner of a
2. 44+/- acre parcel of land which is
10
situated in DeLand, Florida. This parcel of land is described more particularly in the survey
11
and legal description, a true copy of which is attached hereto as Exhibit "A".
12
13
14
D.
by
That the Applicant has complied with the concept plan provision as required
Land Development Regulations Ordinance # 2002- 09, as amended.
15
16
17
E.
the
That the Applicant has complied with the" Due Public Notice" requirements of
City Commission,
Land Development Regulations Ordinance# 2002- 09 , as amended.
18
19
Page 2
of
11
1
FINDINGS REGARDING REZONING
2
3
A.
That the Applicant has applied for a change of zoning from the present
4
zoning classification of the parcel described in Exhibit " A" from R- 8 to the South Ridge
5
Villas Two Residential Planned Development ( PD).
6
7
B.
That the said rezoning to a Residential PD is consistent with both the City of
8
DeLand Comprehensive Plan Ordinance # 1990- 04, as amended, and the intent and
9
purpose of
the
City
of
DeLand Land Development Regulations Ordinance # 2002- 09, as
10
amended, and does promote the public health, safety, morals, general welfare and orderly
11
growth of the area affected by the rezoning request.
12
13
NOW, THEREFORE,
BE IT RESOLVED AND ORDERED BY THE CITY OF
14
DELAND,
15
COMMISSION CHAMBERS, 120 SOUTH FLORIDA AVENUE, DELAND, FLORIDA, THIS
16
DAY OF FEBRUARY 15, A. D., 2016, AS FOLLOWS:
FLORIDA,
IN
OPEN
MEETING
DULY
ASSEMBLED
IN
THE
CITY
17
18
19
A.
That the Application of JTC Southridge Investment LLC for the rezoning of
the subject parcel is hereby granted.
20
21
B.
That the zoning classification of the subject parcel described in Exhibit "A"
22
attached hereto is hereby amended from R-8 to Residential PD as described in Article VII
23
of
the
City of
DeLand, Land Development Regulations Ordinance# 2002- 09, as amended.
24
Page 3
of
11
1
2
C.
That the Official Zoning Map of the City of DeLand, is hereby amended to
show the rezoning of said parcel to South Ridge Villas Two Residential PD.
3
4
D.
That the
City of DeLand Land Development Regulations
Ordinance# 2002-
5
09, as amended, is consistent with the provisions of the " Development Agreement" as
6
hereinafter set forth in this Ordinance and with respect to any conflict between Land
7
Development Regulations Ordinance # 2002- 09,
8
Agreement", the provisions of the " Development Agreement" shall govern. Ordinance No.
9
02- 09,
10
11
as
amended,
as amended,
the " Development
and
shall govern with respect to any matter not covered by the
" Development Agreement."
The City of DeLand, will ensure overall compliance with this
Ordinance.
12
13
E.
Unless otherwise provided for herein the City of DeLand, Land Development
14
Regulations Ordinance#
15
as the R- 1 C zoning classification, except for the provisions below.
2002- 09, as amended, shall apply to the PD in the same manner
16
17
F.
Nothing in this Ordinance shall abridge the requirements of any City of
18
DeLand Ordinance
19
procedures contained in this Order and Resolution may be modified to comply with the City
20
of DeLand Land Development Regulations, Ordinance No. 2002- 09, as amended. Further,
21
nothing in the Development Agreement is intended to abridge the requirements of
22
Ordinance No. 2002- 09, as amended, and any other City Ordinances.
other
than Ordinance 2002- 09, as amended.
Timing and review
23
24
Page 4
of
11
1
DEVELOPMENT AGREEMENT
2
3
A.
Development Concept The property shall be developed as a Residential PD
4
substantially
5
Development Plan shall govern the development of the property as a Residential PD and
6
shall regulate the future land use of this parcel.
7
in
1.
accordance
with
the
Planned
Planned Development Plan
Development
Plan.
The
Planned
The Planned Development Plan shall
8
consist of the Development Plan Map prepared by Efird Sureveying Group and dated
9
November 6, 2015 and this development agreement. The Planned Development Plan is
10
hereby
11
Planned Development Plan shall be filed and retained for public inspection in the Planning
12
Department and it shall constitute a supplement to the Official Zoning Map of the City of
13
DeLand.
approved and
14
2.
incorporated in this Ordinance
Amendments.
by
reference as
Exhibit " B".
The
All amendments of the Planned Development Plan,
15
other than those deemed by the Planning Department to be minor amendments as set out
16
in Ordinance No. 2002- 09, as amended, shall require the review and recommendation of
17
the Planning Board and action by the City Commission in the same manner as a rezoning
18
of the parcel.
19
3.
Subdivision Approval.
After the Planned
Development Plan is
20
recorded, and prior to any construction, including clearing and landfill, a preliminary and
21
final plat of the area to be subdivided shall be submitted for review and approval in the
22
manner required by Article 13 of the City of DeLand Land Development Regulations,
23
Ordinance No. 2002- 09, as amended.
24
Page 5
of
11
1
2
A.
Unified Ownership.
The Applicant or his successors shall maintain unified
3
ownership of the subject parcel until after issuance of the Final
4
Development Order Plat.
5
6
B.
Phases
The
of
A portion of the project has already been
Development.
the development
be built
as single-
family
lots.
The
7
developed.
8
infrastructure including stormwater and utilities has already been provided for. Each lot will
9
be independently constructed.
remainder of
will
10
11
C.
Land Uses Within the PD. The development of the parcel shall be consistent
12
with the uses prescribed for each area within the proposed South Ridge Villas Two PD.
13
The location and size of said land use areas are shown on the Development Plan Map,
14
Exhibit " B".
15
structures
16
Residential Uses &
The following land uses shall be allowed as permitted principal uses and
along
with
their customary accessory
uses
and
structures:
Single- Family
Structures, including all accessory uses customary to these uses.
17
Development Standards.
Development of the remaining lots will be as
18
D.
19
provided below:
20
1.
Minimum lot
area
21
2.
Minimum lot
width and/ or
22
3.
Minimum yard size ( building)
4, 000 s. f.
depth
40' x 100'
23
a.
Front
yard:
20 ft.
24
b. Rear
yard:
20 ft.
25
c.
26
4.
Side
5 ft.
yard:
Minimum floor
area:
900 sq. ft.
Page 6
of
11
1
5.
Maximum impervious:
2
6.
Maximum
3
7.
Landscape buffer
building
60%
height
i
requirements
35 ft.
1 canopy tree per 75
4
linear feet planted 5
5
to 15 feet from the
6
right-of-way w/each
7
lot having at least one
8
tree per 2, 500 s. f.
9
8.
Minimum
10
9.
Off- street parking
building
separation
10' from adjacent home
requirements
2 per unit
11
12
13
E.
Environmental Considerations. All easements are provided for as shown on
the attached plat.
14
15
F.
Sewage Disposal
and
Potable Water.
Provision for sewage disposal and
16
potable water needs of the PD will be provided in accordance with the Comprehensive
17
Plan, Ordinance No. 1990- 04, as amended, the Land Development Regulations Ordinance
18
No. 2009- 09, as amended, and State of Florida Administrative Code 64E- 6.
19
Stormwater Drainage.
20
G.
21
accordance with
Provision for stormwater retention shall be in
the Land Development Regulations Ordinance# 2002- 09, as amended.
22
23
H.
Access
and
Transportation
System
Improvements.
All
access
and
24
transportation system improvements shall be provided in accordance with the Land
25
Development Regulations, Ord. 02- 09,
26
substantial accordance with the following access and transportation system improvements:
as amended.
The parcel shall be developed in
27
Page 7
of
11
Access. Access is provided as shown on the attached plan.
1.
1
2
3
4
Internal Roadways.
I.
Internal roadways are provided for as shown on the
attached plan and previously approved.
5
6
Building or Property Owners Association. A Property Owners Association will
J.
The charter and by- laws of said association and any other agreements,
7
be formed.
8
covenants, easements or restrictions shall be furnished to the City of DeLand at the time of
9
creation.
10
Records
11
recording all of the aforementioned documents.
The applicant shall be responsible for recording said information in the Public
of
Volusia
County,
Florida.
Also, the applicant shall bear and pay all costs for
12
With respect to the enforcement of said agreements, covenants, easements or
13
restrictions entered into between the applicant and the owners or occupiers of property
14
within the South Ridge Villas Two Residential PD, the City of DeLand shall only enforce the
15
provisions
16
Regulations Ordinance #
17
private agreements entered into between the aforementioned parties.
of
the " Development Agreement"
and City of DeLand Land Development
2002- 09, as amended, whichever is applicable, and not the
18
19
K.
Reverter Provision: The City Commission may rezone any portion of the
20
project which has not secured a PD Rezoning on or before 5 years from the effective date
21
of this ordinance as may be necessary or appropriate to protect adjoining properties or the
22
public health, safety and welfare, unless the City Commission, for good cause shown, shall
23
extend the time period indicated in this paragraph.
24
Page 8
of
11
L.
1
Binding Effect
of
Plans; Recording;
and
Effective Date.
The Planned
2
Development Plan, including any and all amendments shall bind and inure to the benefit of
3
the Applicant and his successor in title or interest. The South Ridge Villas Two Residential
4
PD zoning,
5
with the land and shall be administered in a manner consistent with Article 12 of the City of
6
DeLand Land Development Regulations Ordinance # 2002- 09, as amended.
provisions of
the " Development Agreement," and all approved plans shall run
7
8
This Ordinance and all subsequent amendments shall be filed with the Clerk of the
9
Court and recorded within forty-five ( 45) days following execution of the document by the
Commission, in the Official Records
Volusia
Florida.
10
City
11
document,
12
document was recorded, shall be submitted to the Planning Department for placement in
13
the public file. The date of recording of this document shall constitute the effective date of
14
the South Ridge Villas Two Residential PD or its subsequent amendments. The applicant
15
shall pay all filing costs for recording documents.
of
County,
One copy of the
bearing the book and page number of the Official Record in which the
16
17
DONE and ORDERED by the City Commission, City of DeLand, Florida, this
18
19
day
of
mo/ yr).
20
21
22
ATTEST:
City Commission of DeLand Florida
23
24
25
26
Michael Pleus
27
City
Manager
Robert Apgar
Mayor
28
29
Page 9 of 11
1
STATE OF FLORIDA
2
CITY OF DELAND
3
4
5
The
foregoing
instrument
was acknowledged
mo/ yr),
before
me
this
day of
by Mike Abels and Robert Apgar, as City Manager
6
and Mayor, City of DeLand, respectively, on behalf of the City of DeLand,
7
and who are personally known to me.
8
9
10
NOTARY PUBLIC, STATE OF FLORIDA
11
Type or Print Name:
12
13
Commission No.:
14
My Commission Expires:
Page 10
of
11
1
2
WITNESSES:
3
4
5
6
7
Christopher B. Butera, Member
JTC Southridge Investments LLC
8
9
10
11
Christopher B. Butera, Member
JTC Southridge Investments LLC
12
13
14
15
16
17
18
19
The
foregoing
instrument
was acknowledged
20
21
22
mo/ yr),
personally
known
to
me
before
me
by Christopher
or
who
this
B.
day of
Butera, who is
has
produced
as identification.
23
24
25
26
NOTARY PUBLIC, STATE OF FLORIDA
27
Type or Print Name:
28
29
30
Commission No.:
My Commission Expires:
31
32
Revised February 4, 2016 u/p/zone/pd doc
33
Page 11
of
11
8
X
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EXHIBIT " A"
DESCRIPTION:
A PORTION OF SOUTH RIDGE VILLAS TWO ACCORDING TO PLAT
RECORDED IN PLAT BOOK 54, PAGE'S 183 AND 184, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA, AND LYING IN
SECTION 15, TOWNSHIP 17 SOUTH, RANGE 30 EAST, CITY OF
DeLAND, OF SAID VOLUSIA COUNTY, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST
1/ 4 OF SAID SECTION 15; THENCE RUN S89° 36' 13" E ALONG THE
NORTH LINE OF THE SOUTHEAST 1/ 4 OF SAID SECTION 15 A
DISTANCE OF 659. 15 FEET; THENCE RUN S01° 06' 24" W A DISTANCE
OF 25. 00 FEET TO THE POINT OF BEGINNING;
THENCE RUN S01° 06'24" W ALONG THE EASTERN BOUNDARY OF
SAID SOUTH RIDGE VILLAS TWO A DISTANCE OF 284. 66 FEET;
THENCE RUN N88° 55' 27" W ALONG THE SOUTHERN BOUNDARY
OF SAID SOUTH RIDGE VILLAS TWO A DISTANCE OF 634. 60 FEET
TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH HILL
AVENUE, A 50' RIGHT OF WAY; THENCE RUN N01° 17'01" E ALONG
SAID EAST RIGHT OF WAY LINE AND THE WESTERN BOUNDARY
OF SAID SOUTH RIDGE VILLAS TWO A DISTANCE OF 89.08 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE EAST
HAVING A RADIUS OF 25. 00 FEET; THENCE DEPARTING THE
EAST RIGHT OF SAID HILL AVENUE AND ENTERING ALONG THE
SOUTH RIGHT OF WAY OF HURST COURT, A 50' RIGHT OF WAY
AS SHOWN ON THE PLAT OF SAID SOUTH RIDGE VILLAS TWO
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE
PASSING THROUGH A CENTRAL ANGLE OF 89° 08' 32" AND
HAVING AN ARC LENGTH OF 38. 90 FEET TO THE POINT OF
TANGENCY; THENCE RUN S89° 34' 27" E ALONG THE SOUTH RIGHT
OF WAY LINE OF SAID HURST COURT A DISTANCE OF 409. 72
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 25. 00 FEET; THENCE
RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
PASSING THROUGH A CENTRAL ANGLE OF 259° 50'09" AND
HAVING AN ARC LENGTH OF 272. 10 FEET TO THE POINT OF
TANGENCY; THENCE RUN N89°34'27" W ALONG THE NORTH
RIGHT OF WAY LINE OF SAID HURST COURT A DISTANCE OF
192. 50 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID
SOUTH RIDGE VILLAS TWO; THENCE RUN N00°25' 33" E ALONG
THE EAST LINE OF SAID LOT 8 A DISTANCE OF 113. 74 FEET TO
THE NORTHEAST CORNER OF SAID LOT 8 AND TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF EUCLID AVENUE, A 50 FOOT
RIGHT OF WAY; THENCE RUN S89° 34'27" E ALONG THE SOUTH
RIGHT OF WAY LINE OF SAID EUCLID AVENUE A DISTANCE OF
310. 99 FEET TO THE POINT OF BEGINNING.
EXHIBIT " A"
DESCRIPTION:
TRACT " A" DRAINAGE AND RETENTION AREA, SOUTH RIDGE
VILLAS TWO ACCORDING TO PLAT RECORDED IN PLAT BOOK
PUBLIC RECORDS OF VOLUSIA COUNTY,
PAGES
FLORIDA, AND LYING IN SECTION 15, TOWNSHIP 17 SOUTH,
RANGE 30 EAST, CITY OF DeLAND, OF SAID VOLUSIA COUNTY,
FLORIDA
EXHIBIT " A"
DESCRIPTION:
TRACT "B" OPEN AREA, SOUTH RIDGE VILLAS TWO ACCORDING
TO PLAT RECORDED IN PLAT BOOK
, PAGES
PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA, AND LYING IN
SECTION 15, TOWNSHIP 17 SOUTH, RANGE 30 EAST, CITY OF
DeLAND, OF SAID VOLUSIA COUNTY,
FLORIDA
B
x
SOUTH RIDGE VILLAS TWO REPEAT
SECTION
15,
CITY OF
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VOLUSIA COUNTY, FLORIDA
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1
PLANNING DEPARTMENT STAFF REPORT
TO
THE CITY OF DELAND PLANNING BOARD
JANUARY 20, 2016
A.
APPLICATION NO.:
Z- 15- 87
APPLICANT:
Colleen Milesfor JTC
C Southridge Investment, LLC, owner)
REQUEST:
Amend the existing zoning designation from R- 8 to South Ridge
Villas Two PD ( Residential Planned Development)
APPLICABLE ORDINANCE:
Development Agreement.
Sec. 33- 32. Planned Development District.
Sec. 33- 113.
Sec. 33- 133. Review of Planned Development Plans.
Sec. 33- 135.
Procedure for text amendments and rezoning.
B.
SITE FACTORS
LOCATION:
East side of S. Hill Ave. at Hurst Ct.
PARCEL SIZE:
C.
4. 09 acres
LAND USE:
Medium Density Residential
EXISTING ZONING:
R- 8, Multiple-Family Dwelling
EXISTING USE:
Vacant Duplex
SURROUNDING USE:
SURROUNDING ZONING:
North
Single- Family Residential
North
South
Single- Family Residential
South
East
Single- Family Residential
East
R- 1A( Single-Family Dwelling)
West
Golf Course/ Duplex
West
R- 1 A (Single- Family Dwelling)/ R- 8
Multiple-Family Dwelling
R- 4 ( Urban Single-Family Residential,
Volusia County)
VC: R- 4 ( Urban Single-Family
Residential, Volusia County)
ANALYSIS:
The South Ridge Villas subdivision was originally platted in 2006 for the
duplexes under single- ownership.
The subdivision was then subsequently
replatted in 2008 to allow for individual ownership of units, thereby doubling the number of lots
development
of
from 13 to 26).
Only 4 duplexes ( 8 lots) have been constructed at this
planned development only encompasses the remaining undeveloped lots.
Since time
of
platting, the
subdivision
has
undergone multiple
ownership
time.
The proposed
changes.
The current
developer wishes to construct small, single- family homes in lieu of duplexes, in order to meet
Z- 15- 87
1
of
5
new
market
planned
demands.
development
so
To do so, they are requesting to rezone the undeveloped portion to a
to facilitate single- family construction on smaller- than- typical lots. The
proposed standards in the development agreement will allow for reduced setbacks in order to
facilitate the developer'
s new models.
The smaller lot size standards proposed are a concession
between the original duplex lots' size and the larger lots typically required for single- family
homes.
To accommodate the proposed new standards for lot size, the subdivision is also to be
replatted to remove 2 of the lots.
The applicant has also proposed to remove some of the landscape buffers found in the original
plat — along
the perimeter
of
the project,
except
for the buffer located
on
Tract B.
As the new
use of the property will be single- family, same as the properties adjacent to the subdivision, Staff
has determined that
no
buffer between
from the individual lots, there is
uses
is
needed.
Even with the landscape buffers removed
still sufficient open space
remaining to
meet
the 15%
minimum
Tree Protection Area required. The buffers on the developed lots not included within the PD will
not be affected.
Section 33- 135 provides the following criteria, which the City Commission shall utilize in reviewing
a rezoning request:
1.
Is the proposed rezoning consistent with the Comprehensive Land Use Plan, the
land use, zoning pattern and character of the surrounding area?
The requested zoning amendment is consistent with the existing land use. The total
previously- platted lots included in the rezoning will decrease by two ( 18 to
16), thus decreasing the overall density of the subdivision; therefore, it will still be
compatible with the general character of developments in the surrounding area.
number of
Comparison of the new Planned Development with current single- family and duplex
standards in R- 8:
1.
Front
setback
Single
Duplex
Proposed
Implications of the change:
30 feet
30 feet
20 feet
Homes would be permitted to
be built 10 feet closer to the
front of the lot.
2. Rear
setback
25 feet
25 feet
20 feet
Homes would be permitted to
be built 5 feet closer to the rear
of the lot.
3. Side
setback
7. 5 feet
0 feet
5 feet
Homes would be permitted to
be 2. 5 feet closer to side lot
line( s).
Z- 15- 87
2
of
5
4. Minimum floor
area
1, 000
s.
f.
1, 000
s.
f.
900
s.
Size of the home could be
f.
reduced. (
100 sq. ft. less under
heat/ air)
5. Minimum lot
width
60 feet
37. 5 feet
40 feet
Size of lot is reduced to
facilitate single- family homes
in lieu of duplexes.
6. Minimum lot
area
6, 500
s.
f.
3, 750
s.
f.
4, 000
s.
Area is reduced to allow
f.
conversion from duplex to
single-family development.
7. Maximum impervious
50%
50%
60% *
Applicant must be able to
*
demonstrate increased
stormwater capacity
The above reductions in yard and lot size are similar to the standards currently utilized in
the
construction of
the duplexes
P
within
the
subdivision.
The maximum impervious
area
p
proposed is similar to the new R- 1C zoning classification, which was designed to
accommodate smaller single- family homes ( 850 sq. ft. minimum) than those found in
other single- family zoning classifications.
2.
Will the proposed rezoning have an impact upon the environment or natural
resources?
The subject area was already platted for development; no environmental or natural
resources will be impacted by this action.
3.
Will the proposed rezoning have an impact upon the economy of the affected area?
The site is partially vacant with existing infrastructure in-place; therefore, the zoning
change and subsequent development of the remaining lots should have a positive impact
on the economy.
4.
Will the proposed rezoning have an impact upon governmental services?
Water
fire,
have already been allocated
for the existing subdivision. The proposed modification does not increase density, and in
fact decreases it by 2 units; therefore, no additional impact to government services,
including the Volusia County School District, is anticipated.
5.
and other services ( police,
waste removal,
etc.)
Are there changes in the circumstances or conditions affecting the area since the
original assignment of zoning that will support the proposed zoning?
Z- 15- 87
3
of
5
The
subdivision
was
originally
platted
for duplexes.
The property has since been
development.
by
zoning change will facilitate use of the new developer' s house models.
purchased
a new
developer
since
the time
of
the
original
The proposed
Was there a mistake in the original classification?
6.
There is no known mistake; the current owners desire to modify the existing standards to
facilitate construction of new single- family homes.
7.
Will the proposed rezoning have any effect upon the use or value of the affected
area?
Because the zoning amendment will facilitate the completion of this project, it is
expected
to increase the
value of
the
affected area.
Although the subdivision will be a
mix of existing duplexes and new single- family homes, the change in zoning will still be
consistent with the surrounding zoning.
8.
Will the proposed rezoning have an impact upon public health, safety and welfare?
It is not anticipated that there will be any adverse impacts upon public health, safety or
welfare as a result of this rezoning.
The Technical Review Committee reviewed the rezoning on December 17, 2015 and recommended that
the application be forwarded to the Planning Board with the following comments.
The following comments were generated by the Planning Department:
1.
2.
3.
4.
5.
6.
7.
8.
Pg.
Pg.
Pg.
1,
Line 1:
Remove" SOUTH RIDGE VILLAS TWO RESIDENTIAL"
1,
Line 5:
Replace" Case#"
1, Line 11:
with " Z- 15- 87"
Add" SOUTH RIDGE VILLAS TWO" before" RESIDENTIAL PD"
Pg. 1, Line 19: Add " January 20, 2016" as Planning Board date.
Pg. 4, Line 15: Capitalize " C" in R- 1C
Remove word " Replat" for consistency with other references to PD name.
Remove " and Duplex". This PD applies only to the undeveloped portion of South
Ridge, not the existing duplexes; and per Section B, the subject lots will be built as single- family.
Pg. 7, Line 1: Use maximum impervious area in lieu of lot coverage. Also, stormwater calculations were
based on R- 8 standards at the time of platting; therefore, impervious standards need to reflect amount of
Pg.
Pg.
6, Line 11:
6, Lines 14- 15:
storage in stormwater ponds.
9.
Pg.
7, Line 23:
Replace " plat" with " plan"
10. Pg. 7, Line 26: Replace " plat" with " plan"
11.
Exhibit " B" map:
Remove
references
to Plat Book/ Page #
on the map for Tracts A and B as they are
being replatted and will have new PB/ PG' s.
The following comments were generated by the Engineering Department:
1.
Are the existing utilities service connections to the lots line up with new lot line configuration?
2.
Is the amount of impervious area going to increase per new lot line configuration?
Z- 15- 87
4
of
5
The following comments were generated by the Forestry Department:
1.
On page 7 of 11, Line 3, the Landscape Buffer requirements are not consistent with our current Land
Development Regulations ( LDR). Please coordinate with the Planning Department.
2.
On page 7 of 11, Lines 7 and 8, under Environmental Considerations add a statement that indicates that
the current LDR will be followed as it pertains to trees ( Section 33- 57) and Landscaping ( 33- 92) or
include a statement that each lot will have one canopy tree for every 75 linear feet planted 5 to 15 feet
from the right-of-way and that each lot will have at least one tree per 2, 500 square feet.
C.
CONCLUSION:
The applicant has proposed to amend the zoning to a planned development in order to make
changes which would enable them to provide homes that meet the desires of new home buyers.
The modifications proposed are minimal and are not a substantial deviation from what was
previously approved for the duplexes.
D.
STAFF RECOMMENDATION:
Staff recommends approval of the subject property's Planned Development Agreement,
contingent upon satisfaction of Staff comments, to allow for the modification of the original
subdivision, as the modifications do not increase density; the number of lots is reduced; and the
conversion from duplex to single- family is compatible with the surrounding neighborhood.
Staff
also
recommends
that the
allowed
increase in impervious
area,
from 50% to 60%, be
conditioned upon the applicant' s ability to demonstrate increased stormwater capacity in the
existing stormwater ponds, prior to City Commission approval.
Z- 15- 87
5
of
5
R- 1 B
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R- 2
R- 4
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Z- 15- 87
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