City Council Meeting
City of DeBary
Subject: Application #15-01-ODP-Riverbend Extension
From: Matt, Boerger, Planning Administrator
Meeting/Hearing Date: June 3, 2015
( ) Ordinance
( ) Resolution
( ) Supporting Documents/Contracts
The applicants and owners, William L. Eagan and Murphy Investment Group of Florida, LTD are requesting an Overall Development Plan (ODP) extension through February 20, 2016. The applicant’s request of an ODP extension is consistent with the recently approved minor Planned Unit Development Amendment modifying the development agreement provision extending the deadline for the applicant to file and obtain preliminary plat approval.
The subject property is 330 acres with Volusia County Tax Parcel Identification Numbers 07-19-30-00-00-0020, 07-19-30-00-00-0010 and 06-19-30-00-00-0070 and is located on the west side of Fort Florida Road approximately one mile from the intersection with Barwick Road.
On December 3, 2008, the City Council adopted Ordinance No. 02-08 approving the Riverbend on the St. Johns River Residential Planned Unit Development, RPUD Development Agreement and Master Development Plan..
The RPUD Development Agreement and ODP Development Order were previously extended two years by SB 1752. The expiration date for the RPUD was November 23, 2012 and Overall Development Plan expiration on February 25, 2013.
Section 24 of HB 503 passed by the 2012 Florida Legislature, provided for an automatic two-year extension of any local governmental issued development order. The extension applied retroactively to the Riverbend ODP and was effective June 2, 2011. HB 503 allowed the subject development agreement to be renewed for a period of two years after its previously scheduled date of expiration.
A request for extension was then made on October 13, 2012 on behalf of St. Johns Partners, LLC for an automatic two-year extension of the Country Estates at Riverbend RPUD and ODP pursuant to HB 503. This extension was granted and the new RPUD Development Agreement expired November 23, 2014 and the Overall Development Plan expired February 25, 2015.
An application (15-01-MAPUD-RIVER) was again submitted for an extension of the RPUD Development Agreement, which was approved by City Council on February 4, 2015. This extended the Development Agreement from November 23, 2014 to November 23, 2016.
The applicant is now requesting an extension of the ODP, consistent with the recently approved MAPUD revision extending the Development Agreement deadline.
Pursuant to Section 4-25(10(d), Effect of Development Order, of the City of DeBary Land Development Code, during the period of 90 days before and 90 days after the expiration of the any development order, the developer may request an extension of the that valid period from the City Council not to exceed 360 days and may attach such conditions as they determine appropriate.
Land Development Code
The ODP extension application request meets the requirements of Sec 4-25(10)(d), Effect of Development Order of the Land Development Code.
Approve the Overall Development Plan application request to extend the expiration deadline through February 20, 2016.
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other