City Council Meeting
City of DeBary
Subject: Extension Riverbend ODP Extension
From: Matt Boerger, Growth Management
Meeting/Hearing Date: February 1, 2017
( ) Ordinance
( ) Resolution
( ) Supporting Documents/Contracts
The applicants and owners, Thomas S. Recicar as Trustee and River Ranch Holdings LLC are requesting an extension to the Riverbend on the St Johns Overall Development Plan (ODP) Development Order through February 10, 2018.
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 then 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 requested an extension of the ODP, application number 15-01-ODP-RIVERBEND, consistent with the approved RPUD revision extending the Development Agreement deadline, and was approved by City Council on June 3, 2015 .
The applicant again requested an extension of the ODP, and minor modification to the development agreement, application number 16-06-RiverbendPUD, and was approved by City Council on May 4, 2016. The minor modification to the PUD development agreement provided for:
- The dedication of additional lands, to the City of DeBary, along the subject property boundary to ensure that a full 60 feet of right-of-way is provided for Ft. Florida road improvements.
- Ft. Florida Road improvements shall meet the design and construction requirements of the City’s Land Development Code which include 24 feet of asphalt, sidewalks and associated stormwater conveyance.
- Landscape buffer requirements along the subject property boundary may be reduced from a 20 foot minimum as a result of any required lands to be dedicated to meet the 60 foot right-of-way requirement.
- The Riverbend PUD unit count of 250 single family dwelling units as well as the associated ancillary uses shall not be reduced or directly impacted as a result of the right-of-way dedication.
Additionally, the approved extension revised the development order expiration date for the ODP to February 15, 2017.
The applicant is now requesting an extension of the ODP development order through February 10, 2018; and in adherence to the previously approved development agreement and development order.
Pursuant to Section 4-25(10(d) 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.
The extension of the ODP is contingent upon the submittal of future Preliminary Plat and Construction Plans meeting the revised requirements of the RPUD Development Agreement as outlined above.
Findings of Fact:
The ODP extension application request meets the requirements of Sec 4-25(10)(d) of the Land Development Code.
Approve the extension of the Overall Development Plan application request to extend the expiration deadline through February 10, 2018.
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other