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City of DeBary SealCity Council Meeting
City of DeBary

Subject:  Ordinance #12-14 - First Reading - Major Planned Unit Development (PUD) Amendment Request to Amend the PUD for Approximately 17.77 Acres Known as Commercial Area #2 of the Swallows PUD to Approve a Master Plan and Development Agreement for a Shopping Center

Case: #14-02-PUD-SHOPPES

From:   Rebecca Hammock, Planning Administrator
Meeting/Hearing Date:  January 14, 2015 (Tabled/Continued                                        from the December 3, 2014 meeting)
(X )  Ordinance
(   )  Resolution
(   )  Other
(X )  Supporting Documents/Contracts

The applicant, DeBary Retail Investments, LLC with authorization from the property owner, Volusia Flagler Family YMCA, is requesting a major amendment to the Swallows Planned Unit Development (PUD) for parcel 27-18-30-00-00-0170 to approve a shopping center with an approximately 43,000 SF anchor tenant, 15,000 SF of retail shops and two out parcels. The subject property is located at the NE corner of US Hwy 17-92 and N. Pine Meadow Drive. The subject property consists of 17.77 acres and is currently undeveloped and heavily wooded. The applicant is requesting approval of a major amendment to the PUD as further described in proposed Ordinance No. 12-14 and its corresponding development agreement and preliminary master plan attached.

Background Discussion
On September 18, 1972, an order granting a zoning change for the Swallows Community Development Plan was approved by Volusia County. The parcel in question was designated as Commercial Area #2 on the Swallows PUD (Swallows Community Development Plan) (attached). The original community development plan permitted “retail establishments” for Commercial Area #2. In 1979 and amendment was adopted by Volusia County pursuant to Resolution #78-96 (attached) that further defined the permitted uses for the subject property as retail sales and services with development standards being those of the C-1 General Commercial Zoning District.  

The original Swallows Community Development Plan (CDP) adhered to the original concept and definition of a Planned Unit Development, which is the development of a large tract of land as a master planned community or complete neighborhood unit with a mix of uses having a range of dwelling types, local shopping facilities and recreational uses. The Swallows ODP was approved with a mix of uses including a mix of housing types as well as commercial and recreational uses. The originally approved Swallows CDP physically integrated a mix of residential and non-residential uses to facilitate internal capture of trips.

The adoption of the Swallows PUD predated Growth Management laws in the state of Florida and therefore was adopted before the Volusia County Comprehensive Plan was adopted in 1990. Chapter 1 Future Land Use Element of the Volusia County Comprehensive Plan Section 7. Planned Unit Developments states that, “All Planned Unit Developments that predated the Comprehensive Plan are consistent with the Comprehensive Plan”.

The City of DeBary incorporated in 1993 and the Swallows (AKA Glen Abbey) became a part of the City. The City of DeBary Land Development Code, Chapter 2, Section 2-3 Previously Approved Planned Developments, states: “It is the intent of this Code that the completion of planned developments previously approved under the regulations of the county shall continue to be administered under the approved standards unless changes are requested. Any subsequent major revisions to the terms and conditions will be made following the provisions of this Code, including but not limited to the procedures for minor and major revisions set forth in this Code.”

The Swallows PUD was amended numerous times over the years and in June 2007, the City of DeBary approved Ordinance 14-07 which approved a zoning change from PUD (Swallows) to BPUD and provided for a Development Agreement and Master Plan. The Development Agreement and Master Plan allowed for the construction of a 65,000 Square Foot YMCA. In approving the zoning change the City Council found it to be consistent with the City of DeBary Comprehensive Plan and the subject property’s future land use designation of Residential Low Density (RLD) as a “physical fitness studio” (gym).  A gym is estimated to generate approximately 2,198 daily trips and 178 peak hour trips.

The YMCA Development Agreement, paragraph (M) provided that the Development Agreement and Master Plan would be null and void if the Final Site Plan is not submitted on or before five years from the effective date of the Development Agreement. The effective date of the Development Agreement is June 6, 2007. The YMCA failed to submit the Final Site Plan within the required time frame, therefore the Development Agreement and Master Plan became “null and void.”  In addition, Section 3-108 (c) (2)(xiv) of the Land Development Code provides “Condition that all provisions of the development agreement shall expire 720 days following execution of the development agreement by the City, if a subsequent development order has not been secured in writing by the applicant. Upon expiration of the agreement the zoning designation will revert to its previous designation and the PUD entitlements become null and void.” A review of Section 3-108 (c) (2) (xiv) of the LDC clearly shows the intent of City Council that any BPUD not progressing to the development stage would lapse.

Since the YMCA did not submit a Final Site Plan and did not obtain a development order for the project the zoning in accordance with Section 3-108 (c) (2) (xiv) of the LDC will revert to its previous designation of commercial per the Swallows PUD. A PUD amendment is being required for the proposed development based on the following.

  • Section M. Expiration of the Agreement of the West Volusia YMCA Inc. Development Agreement, states, “Any subsequent proposed development of this property will be processed as a major amendment to the Master Development Plan”; and
  • Pursuant to the property’s current future land use designation of Residential Low Density, larger retail areas shall only be approved as part of primarily residential planned unit development process where specific criteria for the development can be established.
The subject property is designated for commercial uses per the Swallows CDP and the intent of the proposed PUD amendment is to establish specific criteria for the development. The applicant is requesting approval of a major PUD amendment pursuant to Ordinance No. 12-14 and its corresponding development agreement and preliminary master plan in order to develop a shopping center with a 43,000 square foot anchor tenant, 15,000 square feet of retail shops and two out parcels. 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 (attached). PUDs are also evaluated against Section 3-108 PUD Planned Unit Development of the Land Development Code (attached).

The proposed permitted land uses include are all permitted uses in the B-4 General Commercial zoning district as set forth in §3-102(b), City of DeBary Land Development Code but excluding as prohibited uses, the following: billiard parlors; auction parlors; automobile, boat, recreational vehicle, and motorcycle sales, rental, storage, service, and/or repair; funeral homes; crematorium; mini-storage/warehouse facilities; theaters; bowling alleys; billboards and off-site signs (other than the Glen Abbey subdivision sign which currently encroaches on the subject property); pawnshops; adult or pornographic book, magazine, video and novelty stores; adult entertainment; tattoo parlors; body piercing (except ear piercing); veterinary clinics/hospitals; and night clubs and bars, and fast food restaurants on lot 3. Provided, however, with respect to lot 3, bakery café style bagel shops, high-end coffee shops and donut/pastry shops with drive-through service and high turnover casual restaurants (i.e. Panera, Chipotle), with drive through operations are permitted.

The applicant is proposing two access entrances from US Hwy 17-92, a ¾ access (right-in, left-in, right-out) and one right-in/right-out, which will be required to be approved by the Florida Department of Transportation (FDOT). The applicant is also proposing a full entrance access from N. Pine Meadow, a local City road. The site is designed so that truck traffic will enter from and exit from US Hwy17-92.  The intended truck path is to have trucks enter from the right-in/right-out entrance on 17-92, deliver to the back of the store, and then exit from the ¾ (right-in, left-in, right-out) entrance on 17-92 at the north end of the site.  The radius to reach the back of the store for vehicles that enter from Pine Meadow is not designed for truck traffic.

The applicant has committed though the proposed preliminary master plan and development agreement to provide a 45’ buffer along N. Pine Meadow with an enhanced pedestrian features (please see attachment). The applicant has also committed to either construct a bus stop shelter at a location on U.S. 17/92 to be coordinated with VOTRAN, or deposit sufficient funds in escrow with City, not to exceed $12,000, for construction of such shelter. The applicant has also committed to contribute $15,000 for the beautification of N. Pine Meadow Drive and/or the entrance to the Glen Abbey subdivision.

Land Development Code Regulations
Section 1-6(b) Criteria for Rezoning:        
                                                                                                                                                                                                        .    (1) The proposal shall be consistent with the Comprehensive Plan, including proposed uses and intensity or density of use.

The subject property has a future land use designation of Residential Low Density (Future Land Use Element Policy 5.402 (a)). The R/LD designation permits some non-residential uses to include convenience commercial uses in well-defined and carefully spaced convenience commercial centers. Specific uses include convenience stores, dry cleaners, small restaurants and sandwich shops, gasoline sales, branch banks and small retail shops. Larger retail areas are also permitted as part of larger developments and as part of a primarily residential planned unit development, where the specific criteria for the development can be established. The subject property is part of a primarily residential PUD and the proposed PUD amendment establishes specific criteria for the development.  

The proposed PUD amendment is consistent with Economic Development Element Objective 3.1 and Policy and 3.103 in that it the proposed project will improve the economic tax base of the city, attract new businesses to the City and help to facilitate non-residential development.

The proposed PUD amendment is consistent with Transportation Element Policy 6.107(a) in that the proposed development appears to comply with the access management standards established by FDOT and Policy 6.107(d) in that the proposed project helps to facilitate pedestrian circulation and the use of bicycles and transit by providing for a bus shelter, a system of sidewalks for pedestrian and bicycle circulation and enhanced pedestrian features.
                                                                                                                                                                                                 (2) The establishment, maintenance, or operation of the uses permitted by the proposed rezoning shall not be detrimental to or                       endanger the public health, safety or general welfare.

The proposed PUD amendment and Preliminary Ecological Assessment were reviewed by the City’s Environmental consultant, Lotspeich and Associates, Inc. a GAI Company. Possible environmental concerns include the potential presence of gopher tortoises and listed tortoise commensals (i.e. Indigo snakes); however the applicant stated that no gopher tortoises or burrows were observed during their field investigations. If the PUD amendment is approved, permitting and coordination will be required with the St. Johns Water Management District, U.S. Fish and Wildlife Service and/or Florida Fish and Wildlife Conservation Commission and the US Army Core of Engineers during the construction plan approval phase. An updated gopher tortoise survey or correspondence from the regulatory agencies will be required during construction plan approval. The proposed development does not propose impacts to the wetlands on-site; a conservation area is proposed to protect the wetlands.

Volusia County Schools has been notified of the proposed development and possible impact to an existing school bus stop on the south side of N. Pine Meadow. Staff corresponded with Greg Akin, Director of Student Transportation, who responded as follows: “We evaluate our bus stops annually to ensure they meet the established criteria.  The bus operators review the stops daily during the school year.  At any point during the year, if warranted, we will make bus stop changes to ensure that students remain safe while waiting at the bus stop.  At this point, there is no need for a change but   when and if that time comes, the County will move the bus stop as we have and are doing currently throughout the district.  We do move stops for a lot of reasons to include construction.”

The applicant is proposing a full access on N. Pine Meadow. The City Fire Marshall is in concurrence with the full access for life safety issues to include adequate emergency vehicle and fire truck access. According to the engineering truck template, the entrance on N. Pine Meadow can accommodate a fire truck but can not accommodate semi-trucks.      
    (3)  The uses permitted by the proposed rezoning shall not impede the normal and orderly development and improvement of                   surrounding properties for uses permitted in the district and shall be consistent with the character of the immediate neighborhood

The Swallows PUD was adopted as a mixed use master planned community. The subject property is designated as Commercial Area #2 on the Swallows Master Plan. The subject property fronts US Hwy 17-92 a four lane divided highway and is adjacent to residential, office and commercial land uses.

        Per the Swallows PUD, the subject property was originally adjacent to recreational uses (tennis courts and club house) to the east,          which would have provided a transition between commercial uses and residential uses. However, the PUD was amended in 2006 to          allow residential uses on the property to the east. The old club house building to the east is currently permitted for professional and         medical office. The Land Development Code requires a 30’ bufferyard and masonry wall for screening between higher and lower                intensity land uses. The proposed development agreement and preliminary master plan provide for a minimum of a 30 ft. landscape         buffer along the property’s east property line as well as either an eight (8) ft. wall or a 6 ft. wall with a two (2) ft. berm to help buffer           the adjacent residential property from the proposed shopping center. The setback adjacent to the residential property ranges from           35 ft. to 85 ft. Please see the attached site plan showing the east property line setbacks adjacent to the residential property,                   attached. The proposed amendment also proposes a 45’ setback from N. Pine Meadow to help buffer the proposed commercial              uses from the subdivision entrance and the Spring Glen subdivision.

         The proposed development would also be required to comply with the City’s Gateway Corridor requirements.    

Surrounding Land Uses

Zoning Designation
FLU Designation
R-6 Urban Two Family Residential
RLMD Residential Low Medium Density
Ridgeview/Ridgecrest Multi-Family Units
Swallows/Glen Abbey PUD
C/R Commercial Retail
Vacant; Undeveloped
Swallows/Glen Abbey PUD
RLD Residential Low Density
Cell tower & dilapidated tennis courts- approved use townhomes; proposed use single family residential
RPUD (DeBary Plantation),
B-2 Neighborhood Commercial
RLD Residential Low Density and C/R Commercial Retail
DeBary Professional Center- Dental Offices, Vacant Undeveloped, Gas Station, Retails Sales & Services, St Ann’s Catholic Church

  • 4. The establishment, maintenance, or operation of the uses permitted by the proposed rezoning shall be supported by adequate     infrastructure or provisions shall be made to ensure that infrastructure is adequate when needed to serve the development.
The applicant submitted a Traffic Impact Analysis (TIA) that was prepared by Lassiter Transportation Group, Inc. Ghyabi & Associates reviewed the TIA on behalf of the City and found that there is adequate intersection capacity to serve the proposed project and that the project meets traffic concurrency requirements.
The proposed development will generate a maximum of 612 total and 325 net new external PM Peak Hour two-way trips. It will generate 6,868 total daily trips (inclusive of pass-by trips and internal capture) and 3,191 net new external daily trips (new trips generated by the development) over a 24 hour period.

The City’s adopted Level of Service (LOS) for local roads is LOS D. Based on this standard, N. Pine Meadow currently operates at LOS B. At the midday peak (worst case), the proposed development will add an additional 125 total trips and 60 peak hour “new” trips on N. Pine Meadows. With the proposed development at build out, N. Pine Meadow will remain at LOS B.~ US Hwy 17-92 has an adopted LOS of C and operates at LOS C from Saxon to Highbanks. With the additional trips generated by the proposed development, US Hwy 17-92 will remain at LOS C. The proposed project meets traffic concurrency requirements and no operational issues were identified.

At the request of the City’s consultant, traffic counts were redone with school in session at the critical intersections within the project study area.~ The TIA was amended to include the updated counts and resubmitted to the City.~ Although the updated counts showed a general increase in background traffic, sufficient intersection capacity is available to accommodate the anticipated project traffic.~

Also at the request of the City’s consultant, N. Pine Meadow Drive was added to the regional transportation model to evaluate the likelihood of project traffic using the neighborhood as a cut through route to and from Enterprise Road.~ To address the City’s comment, the model was modified by the applicant’s traffic engineering consultant to include N. Pine Meadow Drive.~ The model indicates that although approximately three percent (3%) of the project traffic is expected to come from the adjacent neighborhood, project traffic is not expected to cut through the neighborhood as an alternative access to Enterprise Road.~ This is apparently due to the more accommodating speeds of Highbanks Road and Saxon Boulevard providing a more attractive route, in terms of travel time, to and from the east.

The traffic study shows that traffic will increase on N. Pine Meadow as a result of the proposed project and it is anticipated to generate an additional 60 mid-day peak hour trips on N. Pine Meadow. Southbound exiting traffic may use the traffic signal on N. Pine Meadow for their left turning movement or will U-turn at the ¾ access on US Hwy 17-92. The U-turn is a lower-delay movement.

The proposed PUD amendment was reviewed by the City’s Stormwater Engineers, Pegasus Engineering.   The City’s consultant has deemed that the conceptual design is consistent with the City’s stormwater criteria.  If the PUD amendment is approved, detailed review of the proposed stormwater management plan will be performed during the construction plan approval phase. Also, it should be noted that the receiving water body (DeBary Freedom Lake) has been recently improved through a Tropical Storm Fay Grant and therefore poses no flooding concerns to adjacent properties.  

Volusia County Utilities has reviewed the plans and stated that there is water and sewer capacity to serve the proposed development.

There is adequate existing infrastructure to serve the proposed development.

Development Review Committee
The City of DeBary Development Review Committee (DRC) reviewed the proposed PUD amendment on September 2, 2014 and on November 4, 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/open house on September 30, 2014 as required by Section 1-6(3) of the Land Development. Approximately 50 people attended the meeting to review the applicant’s proposed PUD amendment and development concept.  Meeting attendees expressed a number of concerns to include the location of the proposed gas station adjacent to N. Pine Meadow, increased and cut-through traffic, access onto N. Pine Meadow, 24 hr. operations, the existing school bus stop on the south side of N. Pine Meadow and general incompatibility issues. As a result of the community meeting the applicant revised their preliminary master plan to increase the bufferyard along N. Pine Meadow Drive to 45’ and move the location of the proposed gas station to the north away from N. Pine Meadow.  

Planning & Zoning Commission
On November 24, 2014, the Planning & Zoning Commission voted 3-0 to recommend approval of Case #14-02-PUD-SHOPPES subject to the following conditions.

1. Approval of full access onto N.Pine Meadow is contingent upon further review and not guaranteed as part of the PUD approval. The        proposed median island and potential conflicts with traffic and buses shall be evaluated to ensure safety. Also, how the road was          designed and constructed shall be researched to determine whether it was built to accommodate both residential and commercial         traffic.

2. The developer shall design and construct a sidewalk on the south side of N. Pine Meadow Drive from Spring Glen to US Hwy 17-92.

Findings of Fact
If City Council votes to approve the major amendment to the Swallows PUD, it finds that it meets the requirements of Section 1-6(b) Rezoning and Chapter 3, Section 3-108 PUD Planned Unit Developments of the Land Development Code and is consistent with the City’s Comprehensive Plan.  

Example Motions
Approve Case #14-02-PUD-SHOPPES and adopt Ordinance #12-14
Approve with Conditions Case #14-02-PUD-SHOPPES and adopt Ordinance #12-14
Deny Case #14-02-PUD-SHOPPES and deny Ordinance #12-14

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

(   )  Other


City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122