City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
ph: (386) 668-2040
fx: (386) 668-4122
Public Hearings
Attachment NameAttachment SizeAttachment Date
Size: 185K
Last Updated: 2015/1/7
Size: 158K
Last Updated: 2015/1/7
Size: 449K
Last Updated: 2014/11/21
Size: 69K
Last Updated: 2014/11/21
Size: 984K
Last Updated: 2014/11/18
Size: 142K
Last Updated: 2014/11/13
City of DeBary SealCity Council Meeting
City of DeBary

Subject:  Ordinance #11-14 - Second Reading - Major Planned Unit Development (PUD) Amendment #14-01-PUD-GLENAB - Request to Amend the PUD for Approximately 5.7 acres from the Approved Use of 20 Townhomes and an Existing Cell Tower to 15 Single Family Residential Units and the Existing Cell Tower

From:   Rebecca Hammock, AICP
                 Planning Administrator     

Meeting/Hearing Date: January 7, 2015

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

The applicant, is requesting approval of a major amendment to the Glen Abbey (a/k/a the Swallows) Planned Unit Development (PUD) for Tracts “A” and “B” of the Glen Abbey Club plat with Volusia County Tax Parcel Identification Numbers 27-18-30-12-00-000A and 27-18-30-12-00-000B  to amend the Planned Unit Development for approximately 5.7 acres from the approved use of 20 Townhomes and a telecommunications tower to 15 detached single family residential units and the existing 150’ telecommunications (cell) tower.

The property is within the Glen Abbey (a/k/a the Swallows PUD). The subject property is 5.07 acres and is located north of Highbanks Road, east of US Hwy 17-92 and north of N. Pine Meadow Dr. and Spring Glen Dr.  Please see the attached location map.

Background Discussion
The subject property is owned by T.J. O’Neil, Inc. The original use of the property per the Swallows Community Development was a tennis complex for recreational uses. On June 7, 2006 the City Council approved and adopted Ordinance No. 07-06 and Development Agreement Amendment, amending Glen Abbey PUD (a/k/a Swallows PUD) Development Agreement and Master Development Plan for the subject property to change the use of Tracts A and B from a tennis club complex to a town home development consisting of a maximum of twenty (20) dwelling units. The townhome project did not develop and the property remained vacant with the exception of the old tennis courts. On February 02, 2011, the PUD was amended again for this property by Ordinance Number 01-11 to add a 150’ flagpole telecommunication (cell) tower as an additional permitted use on the property. The flagpole cell tower has been constructed and exists on the subject property.

Applications for rezoning, which include PUD amendments are required to be reviewed in accordance with the criteria put forth in Section 1-6(b) of the Land Development Code. PUDs are also evaluated against Section 3-108 PUD Planned Unit Development of the Land Development Code. The applicant is requesting this PUD amendment pursuant to Ordinance #11-14 (attached) in order to develop a 15 lot single family residential subdivision named Glen Abbey Gardens with minimum lot sizes of 6,500 square feet, minimum lot widths of 60 feet at the building line and a minimum floor area of 1600 square feet for the proposed homes (please see the attached development agreement and preliminary master plan). The applicant intends to provide a six (6) foot tall black aluminum fence along N. Pine Meadow and landscaping if permitted by the City to plant in the ROW in order to buffer the proposed homes from N. Pine Meadow and to help provide an aesthetically pleasing appearance along the road.

The proposed amendment proposes a separation of 340 feet from the base of the existing or any replacement cellular communications tower from residential structures, which is a decrease from the currently approved separation of 386 feet. The fall zone radius of the existing cell tower is 65 feet; therefore the proposed homes are outside of the fall zone of the tower. The PUD master plan provides for a 20ft. access easement to the cell tower site.

The proposed PUD intends to create a new public road for the subdivision that will be built to City standards and that will be dedicated to the City during the final platting process.


Zoning Designation
FLU Designation
Swallows/Glen Abbey PUD
Residential Low Density
Vacant; Wetlands; Single Family Residential
Swallows/Glen Abbey PUD
Residential Low Density; Residential Low Medium Density
Office; Single Family Residential; Condominiums (Golf Villas)
Swallows/Glen Abbey PUD
Residential Low Density
Professional and Medical Office; Single Family Residential
YMCA Business Planned Unit Development (Expired)
Residential Low Density
Vacant Undeveloped
South West
Swallows/Glen Abbey PUD
Commercial Retail
Vacant Undeveloped

Comprehensive Plan
Future Land Use Policy 5.402(a) Residential Low Density RLD. The subject property has a future land use designation of Residential
Low Density (RLD), which provides for conventional suburban residential development, primarily consisting of single family detached units. Low Density Residential permits a maximum of four (4) dwelling units per acre. The proposed PUD amendment is proposing single family detached homes and allows for a density of 3.31 du/acre. The proposed amendment is consistent with the property’s future land use designation of RLD.
Land Development Code Regulations
The amendment will create a small increase of 24.8 of average daily trips per day. According to the ITE (Institute of Transportation
Engineer) Manual, the original approval of twenty (20) townhomes would have generated approximately 158.6 Average Daily Trips and the
fifteen (15) proposed SFR homes will generate 183.4 Average Daily Trips. The City’s traffic engineer, Lassiter Transportation Group
reviewed the request and did not identify any traffic concerns with the proposal and found that the request does not require a Traffic
Impact Analysis (TIA).

Volusia County Schools, Director of Planning, Saralee Morrissey was notified of the request for the PUD amendment for twenty (20)
single family residential units. Ms. Morrissey responded that a School Concurrency application was not needed for the amendment.
Volusia County Utilities has reviewed the plans and stated that there is water and sewer capacity to serve the proposed subdivision.

There is adequate infrastructure to serve the proposed development.

The Development Review Committee reviewed the proposed PUD amendment on April 22, 2014 and on October 21, 2014 and found that
the proposed PUD amendment meets the provisions of the Land Development Code, specifically Chapter 3, Article III, Division 3, Section
3-108 PUD Planned Unit Development and recommended approval of the preliminary master plan and development agreement.   

Community Meeting Summary
The applicant held a community meeting on October 30, 2014. Approximately 20 to 25 people attended.  The applicant displayed the
preliminary master plan and explained and discussed his request including drainage, the approval process, and expected time frames.
Based on the applicant’s and staff’s observations, those in attendance at the meeting did not seem to object to the proposed
amendment for 15 single family homes.

Planning and Zoning Commission
On November 24, 2014, the Planning & Zoning Commission voted 3-0 to recommend approval of Case #14-01-PUD-GLENAB.

Findings of Fact
  • The City of DeBary Development Review Committee found that the proposed major PUD amendment Case #14-01-PUD-Glenab is in compliance with the City of DeBary Land Development Code.
  • The proposed amendment is consistent with the City of DeBary Comprehensive Plan and the proposed land use is compatible with existing development in the area.  
  • If City Council votes to approve the applicant’s request for a major amendment to the Swallows it finds that it meets the requirements of Section 1-6(b) Rezoning (attached) and Chapter 3, Section 3-108 (attached) of the Land Development Code and is consistent with the uses in the City’s Comprehensive Plan.  

Example Motions
Approve Case # 14-01-PUD-Glenab and adopt Ordinance #11-14 upon Second Reading
Approve with Conditions Case #14-01-PUD-Glenab and adopt Ordinance #11-14 upon Second Reading
Deny Case # 14-01-PUD-Glenab and deny Ordinance #11-14

Location Map
Ordinance #11-14
Attachment B of Ordinance #11-14- Development Agreement
Attachment C of Ordinance #11-14- PUD Preliminary Master Plan
Section 1-6, LDC
Section 3-108, LDC

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

(   )  Other