PUBLIC HEARING: CASE NUMBER: PUD-19-069...39.77 acres 4. Council District: 1 5. Zoning: Urban Single-Family Residential (R-3) 6. Future Land Use: Multiple Use Area/Activity Center

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PUBLIC HEARING: October 24, 2019 - Planning and Land Development Regulation Commission (PLDRC)

CASE NUMBER: PUD-19-069

SUBJECT: Rezoning from the Urban Single-Family Residential (R-3) Classification to the Planned Unit Development (PUD) Classification.

LOCATION: 2026 West Euclid Avenue and 7913-00-00-0230

APPLICANT(S): Richard C. Wohlfarth, P.E., DeLand Development II, LLC

OWNER(S): Trains End, LLC, Christopher Willems and Josephine Mercado

I. SUMMARY OF REQUEST

The applicant is requesting to rezone 39.77 acres from the Urban Single-Family Residential (R-3) Classification to the Planned Unit Development (PUD) with a Residential (R) sub-classification, to develop a 142-lot single-family residential subdivision.

Staff Recommendation:

Forward the rezoning application, case number PUD-19-069, to county council for final action with a recommendation of approval, subject to staff recommended conditions.

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.II. SITE INFORMATION

1. Location: South side of West Euclid Avenue, between South Beresford Road and South Ridgewood Avenue/CR 4123, in the DeLand area.

2. Parcel Numbers: 7913-00-00-0230 and 7913-00-00-0210 3. Property Size: 39.77 acres 4. Council District: 1 5. Zoning: Urban Single-Family Residential (R-3) 6. Future Land Use: Multiple Use Area/Activity Center subcategory SunRail

(AC) and Urban Low Intensity (ULI) 7. Overlays: Not Applicable 8. Local Plan Area: SunRail DeLand Area Activity Center 9. Adjacent Zoning and Land Use:

DIRECTION ZONING FUTURE LAND USE EXISTING USE.

North: R-3 ULI Single-family residences and vacant wooded parcels

East: R-3 ULI Single-family residences

South: R-3 ULI Single-family residences and vacant wooded parcels

West: R-3 andRPUD AC

CSX railroad, single-family residence, vacant wooded parcels, and an agricultural

distribution center

10. Location Maps:

ZONING MAP FUTURE LAND USE

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.III. BACKGROUND AND OVERVIEW

The subject properties are located on the south side of West Euclid Avenue, between South Beresford Road and South Ridgewood Avenue/CR 4123, in the DeLand area. These properties are unplatted portions of Government Lot 3. They currently contain a 1961 single-family dwelling, masonry garage and unfinished carport. Generally, the greater part of the surrounding area contains a low density development pattern through a mix of small and large lot single-family residential parcels to the north, east and south. Adjacent to the west is an undeveloped single-family and town home residential PUD known as Pelham Square, which is within the SunRail DeLand Area Activity Center. Further to the north and west are transitional agriculture and light industrial zoning classifications.

This property lies within two Future Land Use (FLU) designations and one zoning classification. The larger, ±30-acre property to the west (Parcel 7913-0-00-0230) is within the SunRail DeLand Area Activity Center, which is a subcategory of the Multiple Use Area designation, and the ±10-acre property to the east (Parcel 7913-00-00-0210) is within the Urban Low Intensity (ULI) designation. More specifically, the SunRail DeLand Area Activity Center portion is within the Transit Oriented Development (TOD) Transition district. The property within this district may develop under the ULI future land use designation, as it existed prior to August 22, 2013. Utilizing this criteria, the preliminary plan depicts a total of 39.77 acres within the ULI designation, which has an allowable residential density range of two-tenths (0.2) to four dwelling units per acre (du/acre). The proposed density of 3.57 du/acre is consistent with the ULI designation. Since the project is below four dwelling units per acre, the new development is not subject to the policies of the TOD Transition district.

IV. DEVELOPMENT PROPOSAL

DEVELOPMENT AGREEMENT

The applicant requests a rezoning of the subject properties to Planned Unit Development (PUD) zoning classification in order to implement a cluster-type development pattern and development regulations. A cluster development reduces the lot area and width in order to concentrate development in a specific area, while allowing the remaining area to be used as common open space for the residents of the community. Although the R-3 zoning classification allows for cluster subdivisions, rezoning to the PUD zoning classification allows further flexibility to create unique proposed minimum size requirements. This

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cluster-type development pattern provides a transition between the high density, compact development pattern containing a mix of housing, employment, and retail uses, as required by the SunRail DeLand Area Activity Center to the west, and the low density development pattern to the north, east and south.

The project proposes a 142-lot single-family residential subdivision, with proposed minimum lot sizes of 4,600 square feet and minimum lot widths of 40 feet, on 39.77 acres. The development standards restrict the maximum lot coverage to 50 percent, maximum building height to two stories and minimum floor area to 1,500 square feet. The development will occur in three phases and will allow construction of model homes (maximum 10 percent of the total number of lots per phase) concurrent with the construction of subdivision improvements.

The proposed plan promotes walkability and a sense of community throughout the development with common open space amenities, as well as to provide a transition to the SunRail DeLand Area Activity Center to the west. Common open space will be provided in the form of a playground, nature trails, walkways, benches, picnic tables, open “free play” areas, and a gazebo, totaling 7.81 acres. In addition, shaded areas are required along walkways surrounding stormwater areas and pedestrian scale pathway lighting will be required along all sidewalks utilized for common open space. All common open space, including active and passive recreation areas, will be constructed concurrently with the subdivision improvements during each proposed phase of development.

PRELIMINARY PLAN

The Preliminary Plan depicts the layout of the proposed subdivision, with primary access points on Euclid and Ridgewood Avenues, and emergency access on South Beresford road, phases, common open space tracts, landscape buffers, stormwater areas, and other proposed site improvements. This plan also includes a table identifying all tracts, acreages, uses, and maintenance entities, and provides a typical lot layout for both

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standard and corner lots. This plan does not constitute subdivision approval. Pursuant to the development agreement, a detailed review of this development will occur during the subdivision review process to assure compliance with applicable sections of Chapter 72 of the Code of Ordinances.

V. REVIEW CRITERIA AND ANALYSIS

Zoning Amendment Criteria - Section 72-414(e) of the Zoning Ordinance, includes the following criteria for review of a rezoning application:

(1) Whether it is consistent with all adopted elements of the comprehensive plan.

The property is developing under the Urban Low Intensity (ULI) future land use designation. Pursuant to the Future Land Use/Zoning Matrix, PUD zoning with a Residential (R) sub-classification is assumed compatible with the ULI designation. Rezoning requests within the ULI designation should be developed in a manner compatible with the surrounding uses and availability of public utilities. The proposed PUD will maintain a density consistent with the ULI designation at 3.57 du/acre. In addition, potable water and sanitary sewer treatment/waste disposal services will be provided by the City of DeLand. The rezoning to residential PUD is consistent with the comprehensive plan.

(2) Its impact upon the environment or natural resources.

The property is not within any flood risk zones, nor does it appear to contain wetlands. In addition, the PUD amendment is not anticipated to have a negative impact upon the environment or natural resources. The development proposal is subject to the minimum environmental protections established in the land development code, common open space preserved in a natural state required by the Development Agreement, and any applicable state or federal regulations.

(3) Its impact upon the economy of any affected area.

The subject property is located in an area containing developed single-family residential properties. The proposed PUD uses will be compatible and are anticipated to support the economy of the affected area.

(4) Notwithstanding the provisions of division 14 of the land development code[article III], its impact upon necessary governmental services such as schools,sewage disposal, potable water, drainage, fire and police protection, solid waste,or transportation systems.

The project proposes to tie into City of DeLand potable water and construct a lift station on-site to tie into the sanitary sewer. The City of DeLand has the capacity to serve the project. The Volusia County School District has adequate capacity to serve the project at this time. Police protection will be provided by the Volusia County Sheriff’s office and fire protection through Volusia County Fire Services. In addition, subdivision review is

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required and will address the stormwater system design and any required transportation system improvements.

(5) Any changes in circumstances or conditions affecting the area.

There have been no changes to the surrounding area.

(6) Any mistakes in the original classification.

There are no mistakes in the property’s current zoning classification.

(7) Its effect upon the use or value of the affected area.

The majority of the property is an undeveloped woodland area with a portion containing a 1961 single-family dwelling, masonry garage and unfinished carport. The proposed zoning change will support the existing development pattern of the area, provide the necessary transition into the SunRail DeLand Area Activity Center, and stabilize the uses and values within the affected area.

(8) Its impact upon the public health, welfare, safety, or morals.

If approved, the PUD zoning classification will allow the same permitted uses as the current zoning allows and will have no negative impact on the public health, welfare, safety or morals.

VI. STAFF RECOMMENDATION

Forward the rezoning application, case number PUD-19-069, to county council for final action with a recommendation of approval, with the following staff recommended conditions;

1. Approval is subject to the staff recommended order and resolution.

2. The property owner or authorized agent(s) shall apply for and obtain subdivision approval through the Land Development office.

VII. ATTACHMENTS

Resolution and Development Agreement Survey Environmental Management Comments Traffic Engineering Memo School Adequate Capacity Determination Map Exhibits

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VII. AUTHORITY AND PROCEDURE

Pursuant to Section 72-414, the County Council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a rezoning application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant.

Any new information presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission.

Any new information presented at the county council meeting not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

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RESOLUTION 2019-

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, APPROVING PUD-19-069 AND AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM THE URBAN SINGLE-FAMILY (R-3) ZONING CLASSIFICATION TO THE PLANNED UNIT

WITH A RESIDENTIAL SUB-PROVIDING FOR AN EFFECTIVE

application of DeLand Development II, LLC, hereinafter,

"Applicant," for rezoning was heard by and before the Volusia County Council, Volusia

___________________. Based upon the verified Application and

other supporting documents, maps, charts, overlays, other evidence and instruments; the

the Growth and Resource Management

DEVELOPMENT (PUD)CLASSIFICATION; DATE.

WHEREAS, the

County, Florida, on

advice, report, and recommendations of

Department, Legal Department, and other Departments and agencies of Volusia County;

and the testimony adduced and evidence received at the Public Hearing

Application by the Planning and Land Development Regulation Commission on October

17, 2019, and otherwise being fully advised, the Volusia County Council does hereby find

and determine as follows:

A. That the application of DeLand Development II, LLC was duly and

properly filed herein on July 22, 2019, as required by law.

B. That the Applicant has applied for a change of zoning from the Urban

on this

Single-Family Residential (R-3) zoning classification to a Planned Unit Development

(PUD) with a Residential (R) sub-classification for the parcel described in Exhibit “A” to

the Development Agreement for PUD-19-069.

Page 1 of 23 Resolution No. (# To be Provided After Council Approval & name of PUD)

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C. That all fees and costs that are by law, regulation, or ordinance required to

be borne and paid by the applicant have been paid.

D. That the Applicant is the authorized representative of the Owners, of 39.77

acres situated in Volusia County. The properties are described more particularly in the

property survey and legal description, a true copy of which is attached as Exhibit "A" to

the Development Agreement for PUD-19-069.

a pre-application meeting as required by

Chapter 72, County Code of Ordinances, as amended.

That the Applicant has complied with the "Due Public Notice" requirements

of Chapter 72, County Code of Ordinances, as amended.

That the said rezoning to PUD is consistent with both the Volusia County

Comprehensive Plan and the intent and purpose of the Zoning Ordinance of Volusia

E. That the Applicant has held

F.

G.

County, Florida (“Zoning Ordinance”), as codified in Article II of Chapter 72, Code of

Ordinances, and does promote the public health, safety, morals, general welfare and

orderly growth of the area affected by the rezoning request.

H. That the owners of the property, Trains End, LLC, Christopher Willems, and

Josephine Mercado agree with the provisions of the Development Agreement, which is

attached hereto as Exhibit “1”.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF

VOLUSIA COUNTY, FLORIDA, IN AN OPEN MEETING DULY ASSEMBLED IN THE

THOMAS C. KELLY COUNTY ADMINISTRATION BUILDING, COUNTY COUNCIL

MEETING ROOM, DELAND, FLORIDA, THIS ______ DAY OF

____________________, A.D., _____, AS FOLLOWS:


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A. That the Application of DeLand Development II, LLC for the rezoning of the

subject parcel is hereby granted.

B. That the zoning classification of the subject parcel described in Exhibit "A"

to the Development Agreement is hereby amended from the Urban Single-Family

Residential (R-3) zoning classification to a Planned Unit Development (PUD) with a

Residential (R) sub-classification as described in the Zoning Ordinance.

That the Official Zoning Map of Volusia County is hereby amended to show

the rezoning of said parcel to PUD with a Residential (R) sub-classification.

With respect to any conflict between the Zoning Ordinance and this

Resolution or the attached Agreement, the provisions of this Resolution and Development

Agreement shall govern. The Zoning Ordinance shall govern with respect to any matter

not covered by this Resolution or the Development Agreement. The Volusia County

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D.

Zoning Enforcement Official will ensure compliance with this Resolution and the

Development Agreement.

E. Unless otherwise provided in paragraph D, nothing in this Resolution or the

Development Agreement shall abridge the requirements of the Code of Ordinances,

County of Volusia. Timing and review procedures contained in this Resolution and the

Development Agreement may be modified to comply with the Land Development Code

of Volusia County, Florida, as codified in article III of Chapter 72, Code of Ordinances,

County of Volusia (“Land Development Code”).


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Ed Kelley, County Chair

EFFECTIVE DATE. This resolution shall take effect immediately upon adoption

by the council.

DONE AND ORDERED IN OPEN MEETING.

COUNTY COUNCIL ATTEST: COUNTY OF VOLUSIA, FLORIDA

George Recktenwald, County Manager


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Please return recorded document to:

Volusia County Growth and Resource Management 123 W. Indiana Ave., Room 202 Deland, FL 32720

EXHIBIT “1”

DEVELOPMENT AGREEMENT PUD-19-069

Development Concept. The property shall be developed as a Planned

Unit Development with a Residential sub-classification, substantially in accordance with

The Master Development Plan shall govern the

development of the property as a PUD and shall regulate the future use of this parcel.

Master Development Plan. The Master Development Plan shall

consist of the Preliminary Plan prepared by Wohlfarth Consulting Group, LLC, dated

September 27, 2019 and this Development Agreement (hereinafter referred to as the

A.

the Master Development Plan.

1.

“Agreement”). The Preliminary Plan is hereby approved and incorporated in this

Agreement by reference as Exhibit “B”. The Master Development Plan shall be filed and

retained for public inspection in the Growth and Resource Management Department and

shall constitute a supplement to the Official Zoning Map of Volusia County.

2. Amendments. All amendments of the Master Development Plan,

other than those deemed by the Zoning Enforcement Official's reasonable opinion to be

minor amendments, in accordance with Section 72-289(6)d of the Zoning Ordinance, as

amended, shall require the review and recommendation of the Planning and Land

Development Regulation Commission and action by the Volusia County Council in the

same manner as a rezoning of the parcel.

3. Subdivision Approval. After the Master Development Plan is

recorded, and prior to any construction, including clearing and landfill, applications for


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Overall Development Plan and subsequent Preliminary Plat(s) and Final Plat(s) of the

area to be subdivided shall be submitted for review and approval in the manner required

by Division 2 of the Land Development Code, as amended.

B. Unified Ownership. The Applicant, or his successors, has and shall

maintain unified ownership of the subject parcel until after the issuance date of the Final

Subdivision Plat Development Order.

C. Phases of Development. The development of the PUD, shall occur in

three (3) phases, as depicted on the Preliminary Plan and in the following table:

D. Land Uses within the PUD. The development of the parcel shall be

consistent with the uses prescribed for each area within the proposed PUD. The locations

and sizes of said land use areas are shown on the Preliminary Plan, Exhibit “B”, consistent

with the Master Development Plan.

The subject parcel shall be used only for the list of uses and their customary

accessory uses or structures defined under section 72-2, Article I of Chapter 72, Code of

Ordinances, and as provided below. Any proposal to add or operate a use not listed shall

require an amendment pursuant to Section A.2. of this Agreement.

1. Permitted Uses:

Phase Approximate Area Units

Phase I 17.54 acres 63

Phase II 4.74 acres 24

Phase III 16.67acres 54


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Essential utility services.

Exempt excavations and/or those which comply with division

8 of the Land Development Code of Volusia County [article III]

and/or final site plan review procedures of this article

amended).

(pursuant to Section 72-293(15)a of the Zoning Ordinance, as

Exempt landfills (pursuant to Section 72-293(16)a of the

Zoning Ordinance, as amended).

Home occupations, class A (pursuant to Section 72-283 of the

Zoning Ordinance, as amended).

Parks and recreational areas accessory to residential developments.

Single-family standard or manufactured modular dwelling:

– Maximum 141 units.

E. Development Standards.

1. Minimum lot area:

2. Minimum lot width:

4,600 square feet, except

corner lots shall have a 15

percent greater lot area.

40 feet, except corner lots shall

have a 15 percent greater lot

width. The dimension shall be

measured at the front yard

building setback line.


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3. Minimum yard size (building):

a. Front yard: 25 feet. The front yard of a

corner lot shall be that yard

abutting the street with the

b. Rear yard:

c. Side yard:

d. Side Street:

e.

f.

Waterfront yard:

Accessory structures

least frontage.

15 feet

5 feet

15 feet

25 feet.

5 feet from rear and side lot

lines, but shall not be located

in front or side street yards.

4. Maximum lot coverage:

Swimming pools and

additional accessory structure

regulations shall comply with

applicable requirements of

Section 72-277 of the Zoning

Ordinance, as amended.

The total lot area covered with

principal and accessory

structures shall not exceed 50

percent.

5. Maximum building height: 2 story – 35 feet


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6. Minimum floor area: 1,500 sq. ft.

7. Landscape Buffer requirements: Required landscaping shall

comply with the minimum requirements of Section 72-284 of the Zoning Ordinance, as

amended. At least 50 percent of required landscaping shall be native species that is

drought tolerant. All required perimeter landscape buffers shall be platted as separate

tracts of land, and shall be a minimum 20 feet in width along any right-of-way, and a

minimum 15 feet in width along all other perimeters.

Off-street parking and loading requirements: Off-street parking

and loading requirements shall be in accordance with Section 72-286 of the Zoning

Ordinance, as amended, for each land use, i.e. residential and common open space

A minimum of 22 spaces shall be provided for the collective

8.

recreational facilities.

common open space area.

9. Signage requirements: Signs

requirements of the Zoning Ordinance, as amended, including

Subdivision signs shall be limited to the Euclid Avenue entrance and one Ridgewood

Avenue Entrance.

10. Development Lighting: To

throughout the development, the following lighting

concurrently with the subdivision improvements:

a. A signed and sealed illumination plan shall be submitted with the

shall comply with applicable

Section 72-298.

promote safety and security

is required to be constructed

Preliminary Plat application.

b. Lighting shall be provided at the four project entrances and all

intersections.


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c. Pedestrian scale pathway lighting is required along all sidewalks

utilized for passive common open space. Lighting fixtures shall be

a maximum 42 inches in height and installed in a staggered

alternative pattern on each side of the walkways.

d. Pedestrian scale lighting is required within all common open space

Light fixtures shall be decorative in appearance. Light poles at

project entrances and intersections shall not exceed 20 feet in

11. Common Open Space Requirements: Common open space shall be

shown on the Preliminary Plan as tracts of land and shall comply with the minimum

requirements of Section 72-289(4) of the Zoning Ordinance, as amended. Common open

recreational areas.

e.

height.

space recreational areas shall be constructed

improvements and maintained by the Estates at Pelham

Association. Common open space shall be made accessible to pedestrians and shall be

improved at minimum with the following active and passive recreational

facilities:

a. One playground

b. Nature trails and walkways

Walkways surrounding stormwater retention/detention areas shall

concurrently with the subdivision

Square Home Owners

uses and

provide shaded areas at a minimum of 100 square feet of shaded

area per 100 lineal feet of walkway. Walkways shall be a minimum

width of five feet and designed to be ADA accessible.


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c. Two benches

d. Five picnic tables

e. Open “free play” areas

f. One gazebo

g. One pavilion

The following table depicts the required acreages of common open space

for the development:

Total Property Area 39.77 acres

Net Property Area

(Less Required Right-of-Way)

38.95 acres

Total Common Open Space 7.79 acres (20.01 percent)

Common Open Space Preserved in

a Natural State

0.77 acres (10 percent of 7.79

acres)


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The following table depicts the required common open space acreages and

improvements for each phase of the development:

Phases Approximate Area Improvements

Phase I 3.91 acres One playground,

parking for the

collective common

open space area, and

three picnic tables

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Phase II 0.36 acres

PLWalkways surrounding

retention area

Phase III 3.52 acres One gazebo, two picnic

tables, two benches,

and walkways

providing access to

improvements from the

sidewalks and

playground

12. Variances and Appeals. Any variances or appeals to the provisions in

the above section shall be governed by Division 10 of the Zoning Ordinance, as amended.


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F. Environmental Considerations. The minimum environmental

requirements of Chapter 72 of the Code of Ordinances, County of Volusia, as amended,

shall be met. Tree preservation areas shall be provided and maintained as shown on the

Preliminary Plan.

Sewage Disposal and Potable Water Facilities. Provisions for sewage

disposal and potable water needs of the PUD will be provided in accordance with the

comprehensive plan, the Land Development Code and Fla. Admin. Code. Potable water

shall be provided by City of DeLand. Sanitary sewer treatment/waste disposal shall be

Provision for storm water retention shall be in

G.

provided by City of DeLand.

H. Storm water Drainage.

accordance with the Land Development Code.

I. Access and Transportation System Improvements.

transportation system improvements shall be provided in accordance with the Land

Development Code. The parcel shall be developed in substantial accordance with the

following access and transportation system improvements:

1. Access. The project may be developed with a maximum of four

primary points of access provided via Coral Fern Drive, Ridgewood Avenue,

All access and

and West Euclid Avenue. Additional site access, pedestrian, bicycle and

traffic circulation improvements and access points shall be determined

during subdivision application review, in accordance with the requirements


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of the Land Development Code as may be modified by the Development

Review Committee and/or Volusia County Traffic Engineer as may be

necessary to provide required pedestrian, bicycle, and traffic safety

improvements on and adjacent to the site.

The 12-foot wide ingress/egress easement providing access to

Parcel 7913-00-00-0240, as described in Official Records Book 5036,

Page 1536, shall be abandoned and new ingress/egress easement

over the existing driveway shall be recorded in the public records.

b. A one-foot non-vehicular access shall be established on the rear of

those lots identified on the Preliminary Plan as Lots 43, 44, and 45, to

preclude access to the existing driveway referenced above.

access between those lots identified on the

a.

c. An emergency

Preliminary Plan as Lots 43 and 44, shall be a minimum 20-foot

stabilized driveway connection to South Beresford Road.

2. Transportation System Improvements.

improvements shall be provided as required by the Land Development

Code, and as determined during subdivision review, as may be modified by

the Development Review Committee and/or Volusia County

Engineer. This may include, but not be limited to, right-of-way dedication

and access improvements.

Transportation system

Traffic

J. Internal Roadways. Internal roadway(s) shall be constructed and

dedicated in accordance with the applicable public road requirements and standards of


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the Land Development Code.

K. Fire Protection. The applicant is responsible for providing adequate on

site water supply and other fire protection improvements to serve the PUD project. The

L.

design, capacity, and location of the required water supply and other fire protection

improvements shall be as required by the Volusia County Fire Marshall’s office.

Building or Property Owners Association. The charter and by-laws of

the Homeowners’ or Property Owners’ Association and any other agreements, covenants,

easements or restrictions shall be furnished to the County of Volusia at the time of

creation. The Applicant shall be responsible for recording said information in the Public

Records of Volusia County, Florida. In addition, the Applicant shall bear and pay all costs

for recording all of the aforementioned documents.

With respect to the enforcement of said agreements, covenants, easements or

restrictions entered into between the Applicant and the owners or occupiers of property

within the PUD, the County of Volusia shall only enforce the provisions of the

"Development Agreement" and Volusia County Zoning Ordinance, as amended,

whichever is applicable, and not the private agreements entered into between the

aforementioned parties.


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M. Underground Utilities. All utilities within the development shall be located

underground, pursuant to Section 72-289(3) of the Zoning Ordinance, as amended, and

Section 72-611(c)(4) of the Land Development Code, as amended. Required public utility

lines or appurtenances may traverse required perimeter landscape tracts to the minimum

extent required. The lines shall not be installed within and extend the length of the buffers.

with the construction of subdivision

improvements, the owner may permit and construct model homes. The maximum

number of models allowed cannot exceed 10 percent of the total lots per phase.

Construction cannot commence until fire protection and stabilized access is provided. No

certificate of occupancy until the subdivision

improvements are completed and approved by the County.

N. Model Homes. Concurrent

model home will receive a final

O. Fences, Walls and Hedges. The following standards shall apply

residential lots only.

1. Residential fences shall be vinyl-coated black chain link only with a

maximum height of three feet.

2. Residential fences are not permitted between the front lot line along

a street and the façade of a single-family dwelling.

3. No residential walls or hedges are permitted.

to


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P. Expiration of Development Agreement. The Applicant shall file an overall

development plan within five (5) years from the effective date of this Order and Resolution.

Failure to timely file said overall development plan shall immediately render the

Development Agreement null and void, unless the zoning enforcement official, for good

cause shown, approves a minor amendment to the extend the time period indicated in

this paragraph pursuant to Section A.2. of this Agreement.

Binding Effect of Plans, Recording, and Effective Date. The Master

Development Plan, including any and all supplementary orders and resolutions, and the

Preliminary Plan shall bind and inure to the benefit of the Applicant and his successor in

title or interest. The PUD zoning, Order and Resolution and all approved plans shall run

Q.

with the land.

This Order and Resolution and all subsequent Orders and Resolutions shall be

filed with the Clerk of the Court and recorded within forty-five (45) days following execution

of the document by the Volusia County Council, in the Official Records of Volusia County,

Florida. One copy of the document, bearing the book and page number of the Official

Record in which the document was recorded, shall be submitted to the Growth and

Resource Management Department. The date of receipt of this document by the Growth

and Resource Management Department shall constitute the effective date of this Order

and Resolution and its subsequent amendments. The applicant shall pay all filing costs

for recording documents.


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R. Conceptual Approval. The parties hereto acknowledge that reductions in

density and/or intensity may and do occur; and that minor changes to roadway design,

location and size of structures, actual location of parking spaces, specific locations for

land uses, and locations and design of stormwater storage, landscape buffers and upland

buffers may result to comply with the Land Development Code. A request for such an

amendment shall be reviewed by the zoning enforcement official and may be processed

as a minor amendment in accordance with Section 72-289 of the Zoning Ordinance. The

Applicant agrees to revise and record the Revised Preliminary Plan which reflects any

such changes with the Clerk of the Court immediately following the expiration of the 30

day period for appealing Development Review Committee (DRC) decisions to the County

Council. A copy of the Revised Preliminary Plan, bearing the book and page number of

the Official Record in which the document was recorded, shall be submitted to the Growth

and Resource Management Department.


Page 25 of 45

________________________ _____________________________

DRAF

T _____________________________________

_____________________________________

PLDR

C

-

DONE and ORDERED by the County Council of Volusia County, Florida, this ____

day of __________________, 2019.

ATTEST: VOLUSIA COUNTY COUNCIL

George Recktenwald Ed Kelley Chair

The foregoing instrument was acknowledged before me this _______ day

of ______________, 2019, by George Recktenwald and Ed Kelley, as

County Manager

STATE OF FLORIDA

COUNTY OF VOLUSIA

County Manager and Chair, Volusia County Council, respectively, on behalf

of the County of Volusia, and who are personally known to me.

NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name:

Commission No.:_______________________

My Commission Expires:_________________


Page 26 of 45

______________________________ __________________________________

______________________________

PLDR

C

_____________________________________

- _____________________________________

DRAF

T

WITNESSES: OWNER(S):

Trains End, LLC, Michael Kirchner, Manager

State of Florida County of Volusia

The foregoing instrument was acknowledged before me this _______ day of ______________________, 2019 by Trains End, LLC , Michael Kirchner, It’s Manager who is (are) personally known to me or who have produced ________________ as identification(s).


Commission No.:_______________________



Page 27 of 45

_______________________________ ________________________________

_______________________________

_______________________________ ________________________________

_______________________________

_____________________________________

DRAF

T _____________________________________

PLDR

C

-

WITNESSES: OWNER(S):

Christopher Willems

Josephine Mercado

The foregoing instrument was acknowledged before me this _______ day of ______________________, 2019 by Christopher Willems who is (are)

State of Florida County of Volusia

personally known to me or who have produced identification(s).


Commission No.:_______________________


________________ as


Page 28 of 45

PLDR

C

DRAF

T -

EXHIBIT “A” Legal Description

A PARCEL OF LAND LYING IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 17 SOUTH, RANGE 29 EAST, VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 3, 03" WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT

3, A DISTANCE OF 660.00 FEET TO A POINT TO BE KNOWN HEREAFTER AS THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°13'03" WEST ALONG SAID

THENCE NORTH 00°38'27" WEST,DISTANCE OF 169.00 FEET; THENCE SOUTH 89°13'03" WEST, A DISTANCE OF 257.70 FEET; THENCE NORTH 00°38'27" WEST, A DISTANCE OF 133.42 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LAKE BERESFORD ROAD; THENCE NORTH 33°13'33" EAST ALONG SAID RIGHT-OF-WAY

FEET TO THE INTERSECTION WITH LINE OF THE S.C.L. RAILROAD; THENCE

33" EAST, A DISTANCE OF 81.96 FEET TO A POINT OF CURVE; THENCE ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 18°02'07" WITH AN ARC DISTANCE OF 312.26 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 41°24'37"

THENCE SOUTH 89°13'

LINE, A DISTANCE OF 1190.33 FEET; A

LINE, A DISTANCE OF 102.94 THE SOUTHEASTERLY RIGHT-OF-WAY NORTH 72°07'

WITH AN ARC DISTANCE OF 403.75 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13°48'04" WITH AN ARC DISTANCE OF 203.39 FEET TO A POINT OF TANGENCY; THENCE NORTH 00°32'57" WEST ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 221.90 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EUCLID AVENUE; THENCE NORTH 88°53'35" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 758.85 FEET; THENCE SOUTH 01°50OF 1302.95 FEET TO THE SOUTH LINE OF GOVERNMENT LOT 3, SAID SECTION AND THE POINT OF BEGINNING.

TOGETHER WITH:

THE NORTH 1/2 OF THE EAST 10 CHAINS OF GOVERNMENT LOT 3 IN SECTION 13, TOWNSHIP 17 SOUTH, RANGE 29 EAST, VOLUSIA COUNTY, FLORIDA, LESS AND EXCEPT ANY PORTION, IF ANY, LYING WITHIN THE RIGHT OF WAY OF W. EUCLID AVENUE AND S. RIDGEWOOD AVENUE, ALSO KNOWN AS COUNTY ROAD

'42" EAST A DISTANCE

4123.

ALSO KNOWN AS:

THAT PORTION OF GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 17 SOUTH, RANGE 29 EAST, VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:


Page 29 of 45

PLDR

C

DRAF

T -

COMMENCING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 17 SOUTH, RANGE 29 EAST, VOLUSIA COUNTY, FLORIDA, RUN THENCE SOUTH 89°13'03" WEST, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 660.06 FEET TO A POINT ON THE WEST LINE OF THE EAST 10.00 CHAINS (660.00 FEET) OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°13'03" WEST, ALONG THE SOUTH LINE OF LOT 3, A DISTANCE OF 1187.81 FEET TO THE SOUTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 5036, PAGES 1536-1537, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE NORTH 00°32WEST, ALONG THE EAST LINE THEREOF, A DISTANCE OF 169.00 FEET, TO THE NORTHEAST CORNER OF SAID LANDS; THENCE SOUTH 89°13'03" WEST, ALONG THE NORTH LINE, A DISTANCE OF 257.70 FEET, TO A POINT ON THE EAST LINE OF THE THOMAS FITCH GRANT; THENCE NORTH 00°32'25" WEST ALONG SAID EAST LINE, A DISTANCE OF 153.48 FEET, TO A POINT ON THE SOUTHERLY MAINTAINED RIGHT-OF-WAY LINE OF SOUTH BERESFORD ROAD; THENCE

04" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 77.03 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE CSX RAILROAD, FORMERLY KNOWN AS THE ATLANTIC COASTLINE RAILROAD (A 30.00 FOOT RIGHT-OF-WAY); THENCE NORTH 72°17'16" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 167.95 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, SAID CURVE HAVING A RADIUS OF 651.61 FEET AND A CENTRAL ANGLE OF 72°53'00"; THENCE NORTHEASTERLY

'25"

NORTH 33°55'

ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 828.88 FEET, TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, RUN NORTH 00°35242.20 FEET, TO THE SOUTHERLY MAINTAINED RIGHT-OF-WAY LINE OF EUCLID AVENUE; THENCE NORTH 89°11'44" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 759.08 FEET, TO A POINT ON THE WEST LINE OF THE EAST 10.00 CHAINS (660.00 FEET) OF AFORESAID GOVERNMENT LOT 3; THENCE SOUTH 01°34'20" EAST, ALONG SAID WEST LINE, A DISTANCE OF 1298.58 FEET, TO THE POINT OF BEGINNING.

TOGETHER WITH:

THE NORTH 1/2 OF THE EAST 10 CHAINS OF GOVERNMENT LOT 3 IN SECTION 13, TOWNSHIP 17 SOUTH, RANGE 29 EAST, VOLUSIA COUNTY, FLORIDA, LESS AND EXCEPT ANY PORTION, IF ANY, LYING WITHIN THE RIGHT OF WAY OF W. EUCLID AVENUE AND S. RIDGEWOOD AVENUE, ALSO KNOWN AS COUNTY ROAD

'44" WEST, A DISTANCE OF

4123.

SAID LANDS CONTAINING 39.766 ACRES (1,732,219 SQUARE FEET) MORE OR LESS.


Page 30 of 45

5

PH

ASE

1

PH

ASE

2

PHASE 1

PHASE 3

35'

PH

ASE

2

PH

ASE

3

SITE DATA:

PARC

EL GR

OSS AR

EA: 39.77 AC

R/W

DED

ICATIO

N: 0.82 AC

BU

ILDABLE AR

EA: 38.95 AC

O

PEN SPAC

E CALC

ULATIO

N:

OPEN

SPACE AR

EA: 13.64 AC (35.01%

)

PRO

POSED

LOT D

IMEN

SION

S: -M

IN. LO

T SIZE: 4,600 SQ. FT.*

-MIN

. LOT W

IDTH

: 40 FT. -M

IN. LO

T DEPTH

: 115 FT. 5'

TOTAL N

UM

BER O

F LOTS: 141

MIN

IMU

M LIVIN

G AR

EA (UN

DER

HEAT AN

D A/C

): 1,500 SQ. FT.

MAX BU

ILDIN

G H

EIGH

T: 2 STOR

Y (35.0FT) M

AX LOT C

OVER

AGE: 50%

1 141 140 139 138 137 136 135 134 133 132 131 130 129 128

126 125124

127D

ENSITY: - N

O. O

F UN

ITS: 141 - U

NITS/AC

RE: 3.62 D

U/AC

2

BUILD

ING

SETBACKS: FR

ON

T: 25' R

EAR: 15'

SIDE: 5'

3 SID

E STREET: 15'

ACC

ESSOR

Y STRU

CTU

RE: 5'

PRO

JECT PH

ASING

:

PHASE

AREA

U

NITS

PHASE I

17.54 AC

63

4

109 PH

ASE II4.74 AC

24 122 123

121 119 120

118116 117

115113 114

112 PH

ASE III 16.67 AC

54

110 111 6

108 00.82 AC

R

/W D

EDIC

ATION

TOTAL

39.77 AC

141

7 107

8 106

9 91

92 93

9499

98 97

9695

100101

103 102104

10510

10' UTILITY EASEM

ENT

11 80

90 12

8988

87 86

8584

8382

81

Exhibit B

79 13

78 14

77 15

76 16

75 17

18

19

20 74

21 73

4222

41 72

71

43

39 37

36 23

2425

35 26

2729

3028

3231

3433

44 70

79 45

4647

5048

68 49

51 67

6364

6566

5354

5556

5759

6061

6258

52

WOHLFARTH CONSULTING 1"=80' ESTATES AT PELHAM SQUARE GROUP LLC

PRELIMINARY PLAN C-2.5

10/4/19 N

OT TO

BE FILED FO

R R

ECO

RD

UN

LESS SIGN

ED AN

D D

ATED

WITH

THE O

RIG

INAL SEAL O

F RIC

HAR

D C

. WO

HLFAR

TH,

FLOR

IDA P.E. #20044

Page 31 of 45

Exhibit B

Typical Lot Typical C

orner Lot N

ot To Scale N

ot To Scale TYPIC

AL LOT D

ETAIL

1"=80' ESTATES AT PELHAM SQUARE WOHLFARTH CONSULTING GROUP LLC

TYPICAL LOT DETAILS C-2.7

NO

T TO BE FILED

FOR

REC

OR

D U

NLESS SIG

NED

AND

DATED

W

ITH TH

E OR

IGIN

AL SEAL OF R

ICH

ARD

C. W

OH

LFARTH

, FLO

RID

A P.E. #20044

9/27/19

Page 32 of 45

Survey

POIN

T OF

CO

MM

ENC

EMEN

T

POIN

T OF BEG

INN

ING

REFER

TO SH

EETS 2 AND

3 OF 3 FO

R SITE TO

POG

RAPH

Y, IM

PRO

VEMEN

TS AND

SPECIFIC

TREE LO

CATIO

NS.

BOUNDARY AND WOHLFARTH CONSULTING TOPOGRAPHIC SURVEY GROUP LLC

(ESTATES AT PELHAM SQUARE) 7/2/19

Page 33 of 45

RIDG

EWO

OD

HA

ZEN

RD

AV N

AV

STO

NEH

ENG

E

CSXRR

HO

LLY

FER

N T

R

CR 4112 (BERESFORD AV W)

SR 44 (NEW YORK AV W)

RIDG

EWO

OD

AV S

CSXRR

SR 44 (NEW

YORK AV W

) STRATHCONA AV

BEASLEY DR TALTON M AV W

STEVENS AV

BRITTAIN AV

RIDG

E RD

EUCLID AV W

CR

4123

(RID

GEW

OO

D AV

S) CR 4108 (EUCLID AV W)

ELD

AV I

RF

IFA

DR CR 4110 (OLD ELA

ST

TRENEW YORK AV)

BERE

SFO

RDRD

S

SON

G C

T WINNEMISSETT

BIR

DAV W RR

MO

CKIN

BIR

D

ROWE LN LADY FERN TR

O R

D GL

HIDD

EN N K

SONG

DR C I

BIR

D

FAT

HAM

MO GE

DR

AR CHELSEA

AV W

WO

OD

SITE

DR

RAY

MO

ND

AV

SPA

NIS

H LN

RIDGEWOOD HAMMOCK

RID

GEW

OO

D AV

S

WOODSIDE DR

ASH

LEY

CT

EST

W

PROPERTY LOCATION PUD-19-069

TR

WEST AV BERESFORD AV W

V) A(G

RA

ND

40

53C

R

V S

AR

AN

D

G

COLLINS GROVE RD

OORET

ROCK C

CORAL FERN DR

DELAND

SUGRID

U44 V

DR

VIEW

LAK

E

BERESFORD AV W

SUBJECT PROPERTY

CSX

I 1 " = 1,000 ' 7/12/2019

Page 40 of 45

AERIAL PUD-19-069

CORAL FERN DR

LADY FERN TR

RO

CK

MO

OR

EC

T

GR

AN

D A

V S

STO

NEH

ENG

E

CR

412

3 (R

IDG

EWO

OD

AV

S)

SU GAR

RIDG

EDR

EUCLID AV W

HIDD

EN HA

M M

OCK

TR

HO

LLY

FER

N T

R

CSX RR

CR 4110

(OLD

NEWYOR

K AV)

BERE

SFOR

DRD

S

1 " = 400 ' SUBJECT PROPERTY IMAGE DATE 2018 I 7/12/2019

Page 41 of 45

ZONING CLASSIFICATION - CURRENT PUD-19-069

CORAL FERN DR

LADY FERN TR

GR

AN

D A

V S

CR 41

10(O

LDNE

W Y

ORK

AV)

STO

NEH

ENG

E

CR

412

3 (R

IDG

EWO

OD

AV

S)

SU GAR

RIDG

EDR

EUCLID AV W

HIDD

EN HA

M M

OCK

TR

HO

LLY

FER

N T

R

CSX RR

BERE

SFOR

DRD

S

I-1

B-4

A-3

RPUD R-3

1 " = 400 ' FROM: R-3 SUBJECT PROPERTY TO: RPUD I 7/12/2019

COMMERCIAL RESIDENTIAL ZONING BNDY

INDUSTRIAL AGRICULTURAL

Page 42 of 45

M

ZONING CLASSIFICATION - PROPOSED PUD-19-069

I-1

B-4 BE

RESF

OG

RA

ND

AV

SRD

RA-3

DS

R-3 EUCLID AV W

CR 41

10

RPUD (O

LD N

ERPUD

HW

YORK

AV)

ENHA

MO

CKTR

CORAL FERN DR

CSX RR

HO

LLY

FER

N

TR

CR

412

3 (R

IDG

EWO

OD

AV

S)

R-3

LADY FERN TR

IDD

1 " = 400 ' FROM: R-3 SUBJECT PROPERTY I TO: RPUD 7/12/2019 COMMERCIAL RESIDENTIAL ZONING BNDY

INDUSTRIAL AGRICULTURAL

Page 43 of 45

FUTURE LAND USE PUD-19-069

BERE

SFOR

DRD

S G

RA

ND

AV

S

STO

NEH

ENG

E

EUCLID AV W

HIDD

EN H

OC K

TRAC

CSX RR

CR 4110

(OLD

NEWYOR

K AV)

AC

AM M

ULI CORAL FERN DR

RO

CK

MO

OR

EC

T

HO

LLY

FER

N TR

CR

412

3

(RID

GEW

OO

D A

V S)

LADY FERN

R G

ED

SU GAR

RID

TR

SUBJECT PROPERTY

GENERALIZED ACTIVITY CENTER

URBAN LOW INTENSITY

I 1 " = 400 ' 7/12/2019

Page 44 of 45

ECO/NRMA OVERLAYPUD-19-069

CORAL FERN DR

LADY FERN TR

RO

CK

MO

OR

EC

T

GR

AN

D A

V S

CR 4110

(OLD

NEWYOR

K AV)

STO

NEH

ENG

E

CR

412

3

(RID

GEW

OO

D

AV S)

SU GAR

RIDG

EDR

EUCLID AV W

HIDD

EN HA

M M

OCK

TR

HO

LLY

FER

N TR

CSX RR

BERE

SFOR

DRD

S

I 1 " = 400 ' SUBJECT PROPERTY 7/12/2019 ECO

NRMA

Page 45 of 45

Structure Bookmarks

PUBLIC HEARING: CASE NUMBER: PUD-19-069...39.77 acres 4. Council District: 1 5. Zoning: Urban Single-Family Residential (R-3) 6. Future Land Use: Multiple Use Area/Activity Center

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