APPENDIX 7

1. 8/15/02 council agenda item and minutes for

RPUD

HTTP://ENN.CO.VOLUSIA.FL.US/ELECTRONICAGEN/AGENDAITEMDOCS/VC-1027543914578-A/PLANTATIONOAKSLEGAL.DOC

NOTICE OF INTENTION TO CONSIDER RESOLUTION

NOTICE IS HEREBY GIVEN BY the County Council of Volusia County, Florida, of its intention to consider the adoption of a resolution at its regularly scheduled meeting on Thursday, August 15, 2002, at 10:00 a.m., in the County Council Meeting Room of the Thomas C. Kelly Administration Center, 123 West Indiana Avenue, DeLand, Florida, the title of which resolution shall read as follows:

RESOLUTION NO. 2002-

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM RR, RA, and R-3 to RPUD; PROVIDING AN EFFECTIVE DATE.

This resolution is being considered pursuant to an application # PUD-02-097, filed by Plantation Oaks of Ormond Beach, L.C., ϕϕϕϕ Parker Mynchenberg & Associates, Contract Purchaser, J. Doyle Tumbleson, Attorney for National Gardens Trust, ϕ Kinsey, Vincent, Pyle, P.A., Owner, requesting to amend the Official Zoning Ordinance of Volusia County, Florida, by amending the Official Zoning Map Classification from the RR (Rural Residential), RA (Rural Agricultural Estate), and R-3 (Urban Single Family Residential) zoning classifications to the RPUD (Residential Planned Unit Development) zoning classification by REZONING a ∀ 1,033.75 acre parcel located on the east side of I-95 approximately 500 ft. from its intersection with U.S. Hwy. 1, near Halifax Plantation, north of the City of Ormond. This proposed resolution may be inspected by the public at the VOLUSIA COUNTY BUILDING AND ZONING DEPARTMENT, 2nd FLOOR, THOMAS C. KELLY ADMINISTRATION CENTER, 123 WEST INDIANA AVENUE, DELAND, FLORIDA. Interested parties may appear at the meeting and be heard with respect to the proposed resolution. This hearing may be continued to one or more dates. The dates, times, and places of any continuation of the above scheduled public hearing will be announced at said public hearing and no further notice regarding said continuation is required to be published. If anyone decides to appeal any decision made by the Volusia County Council with respect to any matter considered at this hearing, he or she will need a record of the proceedings, including all testimony and evidence, upon which the appeal is to be based. To that end, such person will want to ensure that verbatim record of the proceedings is made.

COUNTY COUNCIL VOLUSIA COUNTY, FLORIDA

BY Cynthia A. Coto

CYNTHIA A. COTO COUNTY MANAGER

From: Mary RobinsonTo: D'Esposito, JoyceDate: 8/2/2002 3:05:54 PMSubject: Fwd: Re: Location of Fire Station - National Gardens

>>> Stephen C. Plummer 08/01/02 02:37PM >>>Ben,

Sorry for the delayed response - I'm amidst an assignment change within FireServices.

We would like to see the new location of the school and its relationship tothe proposed fire station location. We may also want to discuss the lotsize/layout of the fire station to make sure it has the appropriate space tomove fire engines back into the station without having to stop traffic, etc.

SCP

>>> Ben Dyer 07/22/02 02:44PM >>>

Earlier we reviewed a fire station site for the northeast portion of VolusiaCounty which was to be dedicated by the developers of the National GardensDRI. I recall that the site was determined to be appropriate except for theproposed location of a school site across the street from the fire stationsite. The school site has been moved and we would like to confirm that thelocation as originally proposed is acceptable to your department. Let me knowif you would like to meet to discuss this location further.

Ben Dyer

Excerpt from the August 15, 2002 County Council public hearing

Item 8 PUD-02-097 – Application of Plantation Oaks of Ormond Beach, L.C.; Parker Mynchenberg and Associates, Inc.; J. Doyle Tumbleson, Attorney for National Gardens Trust Owner, requesting a rezoning from RR (Rural Residential), RA (Rural Agricultural Estate) and R-3 (Urban Single Family Residential) to RPUD (Residential Planned Unit Development). The property is located on the east side of Interstate 95 approximately 500 feet from its intersection with U.S. Highway 1, near Halifax Plantation, north of the City of Ormond Beach. ±1,033.75 acres PLDRC Recommendation: APPROVAL OPPOSITION at PLDRC Staff Recommendation: APPROVAL Staff Contact: Scott Ashley, 943-7059, Extension 2014 VC-1027543914578 Mr. Dan Eckert, County Attorney, said pursuant to reviewing the application, staff imposed conditions. He expressed concerns about conditions being attached and how the conditions could be measured. Mr. Eckert requested the Council consider continuing this item. Council members expressed concerns about staff imposing conditions after recommending approval. Council Member Northey asked if Council could continue this item to a later date but entertain public participation today. Mr. Eckert advised it is within Council’s discretion to continue this item to a later date but entertain public participation today. Ms. Montye Beamer, Acting Director of the Growth and Resource Management Department, provided the staff-report. In response to Council questions, Ms. Beamer explained the Development Regional Impact from 1987 is still valid. She said the developer donated land (about 300 lots) to the Volusia Land Trust. Council Member Northey said the issue is standard homes versus mobile homes and whether the difference is great enough to require approval from the Regional Planning Council. She asked the value of the residential planned unit development (RPUD). Ms. Beamer said the residential planned unit development allows for lot reconfiguration and locations of the golf course and clubhouses. Mr. Scott Ashley, Zoning Planner, provided further information. Mr. Doyle Tumbleson, Attorney for National Gardens Trust, said he is perplexed as to how these new issues arose at this late date. He explained the Development Regional Impact requires construction of a road connecting Old Dixie Highway. He said National Gardens Trust has submitted to many months of staff review, undergone the Planning and Land Development Regulation Commission process and obtained approval from the Planning and Land Development Regulation Commission. After completing the entire process, staff is now imposing further conditions based upon the Hurricane Preparedness Policy as of a week ago. He said this project is exempt from the Hurricane Preparedness Policy because the Development Regional Impact was in effect prior to the Department of Community Affairs adopting the policy. Further, the Department of Community Affairs has stated that if the proposed change does not represent a substantial deviation from the Development Regional Impact, the policy does not apply. The proposed change would reduce the permitted density by one third. National Gardens Trust donated 2,400 acres, which are now part of the Tomoka Bulow State Park and much of the land donated was developable. The proposed development would not adversely affect the wetlands and would have much less of an impact than the current zoning. The current zoning would allow a much higher density than the proposed change. Stormwater must be retained on site. Mr. Tumbleson provided a property tax analysis and advised there would be improvements on the site such as a clubhouse, pool, shuffleboard courts, tennis courts, and a golf course. He estimated the project would generate about $800,000 in taxes annually. The County would also

benefit from mobile home tag revenues and tangible personal property taxes from carports and screen rooms. The County would benefit from sales tax and impact fees as well. Council advised Volusia County collects but does not retain revenue for mobile home tags. Mr. Parker Mynchenberg introduced his associates. He said the site would be landscaped and would have many amenities. The main road would be about two miles through a gated entry with 24-hour security. There will be three gated entries. Each phase will have its own amenities. The project will contain a 100-foot buffer including berms, continuous hedges and crepe myrtles. Volusia County’s Traffic Engineering Division has analyzed the trips that would be generated by this project and the proposed project would generate less trips than the possible development under the current zoning. While the City or Ormond Beach’s standards are similar to Volusia County’s standards, the tree survey requirements differ. The irrigation system will be similar to the irrigation system within Halifax Plantation. Water from two borrow pits will be used to irrigate the golf course. Reuse pipes would be installed so when reuse water becomes available, it could be used to irrigate the golf course. Council Member Ward said the community uses well water. He asked if there is enough water in the borrow pits to irrigate the golf course. Mr. Mynchenberg replied that the borrow pits would contain a sufficient water source. He said other wells would be installed for some of the other amenities, which would also switch to reuse water as soon as it becomes available. He said the St. Johns River Water Management District and Volusia County staff would scrutinize the water use proposals. Council Member Northey said the City of Ormond Beach usually requires annexation or an annexation agreement when it supplies utilities. Mr. Mynchenberg said the project is about ¼ mile away from city limits and he does not expect to annex into the City anytime in the near future. Council Member John asked about a fire station site. Mr. Mynchenberg said Mr. Terry Moore expressed a preference to a donation in lieu of a fire station site and Plantation Oaks has agreed to provide a donation. Ms. Mary Hansen, representing Pine Run Homeowners Association, Mr. Elliot Gross, Ms. Nancy Gross, Mr. Richard Smith, Ms. Lynn Smith, Mr. Fred Costello, Ms. Kathy Marsh, Mr. Jim May, Mr. Paul Bovey, Mr. Joe Dixon, Mr. Michael Skinmaker, Mr. Peter Voight, Ms. Moriah Green, Mr. Paul Foray, Ms. Jane Gentile, Mr. Eric West, Mr. Steve Zumwalde, Mr. Robert Maxwell, Ms. Ruth McMoyle, Ms. Kathleen Olivero, and Mr. Stan Soloman spoke against the proposed rezoning. They cited such issues as density; incompatibility; the proposed construction of an unnecessary school site and fire station site for which the developer will request impact fee credits; environmental issues; property devaluation issues; traffic issues; water supply issues; emergency evacuation issues; Mr. Tumbleson said the issue before Council today is a proposed zoning change and many of the issues expressed today would be addressed during the site plan review and all the legal requirements for notice were met. He explained this development would be similar to the northern portion of Halifax Plantation and would provide affordable quality housing in an area where it is badly needed. Council Member John asked if the project would affect stormwater drainage in the area. Mr. Mynchenberg said Stormwater run-off from U.S. 1 and Interstate 95 currently runs through swales and the proposed development would improve drainage especially in the Pine Run area.

Pursuant to Council discussion, Council Member Jaynes moved to DENY Zoning Case PUD-02-097. After Council Member Northey second the motion, it FAILED 3 to 4 with Council Members Ward, John, Bruno and Lewis dissenting. Council Member Bruno moved for APPROVAL as recommended with the condition that the applicant address the issues with staff. Mr. Tumbleson said the only issue is a Hurricane Preparedness Plan and this development is exempt from that requirement. Ms. Robinson said staff could work with the applicant to resolve this issue. Council Member John said he could not support this rezoning unless hurricane shelters are constructed. Mr. Tumbleson said Mr. Mynchenberg has agreed to construct hurricane shelters. Mr. Eckert said Council has arrived at a policy issue and could continue that portion of this item to the next Council zoning meeting to allow the applicant to meet with staff and resolve the issue. He said the following hearing would not entail additional public hearing. Mr. Eckert recommended continuing this item. Council Member Bruno moved to CONTINUE this item to the September 12, 2002 meeting at 10:00 a.m. for approval or denial of the conditions. Staff was directed to work with the applicant. After Council Member Ward seconded the motion it CARRIED 5 to 2 with Council Members Jaynes and Northey dissenting.