ae. - City of DeLand

CITY OF DELAND, FLORIDA
REQUEST FOR COMMISSION ACTION
APRIL 18, 2016
Des
artment:
Attachments:
Planning
Subject: AN- 16- 12: Annexation For 4. 83X
1]
Acres Located
on
Woodland Blvd.
the West Side
Approximately
of
North
400' South
Ordinance
X ] Staff Report
[ X ]
Location Map
of Violetwood Rd.
Prepared
by:
Approved by:
ae.„
De
s
artment
Head
City Manager
SUMMARY/ HIGHLIGHT:
The applicant, Tara L. Tedrow, Attorney for Goodwill Industries, contract purchaser, has applied
for annexation for approximately 4. 83 acres, located on the west side of Woodland Blvd.,
between Violetwood Rd. & Summit Oak Place.
Discussions during the Joint City County Coordinating Committee review process, Volusia
County made a request that the three remaining lots to the north of the subject property also be
annexed into the City. Although staff does not believe that an enclave is being created, staff
concurs with this request, as it will reduce confusion in the future as to which regulations should
be followed during future development. Staff' s initial research into this annexation shows two
lots have covenants to support annexation, which will allow for the City to annex those parcels.
The third lot is being handled through other means, to have the property owner request
annexation. Refer to the attached map that shows the status of the northern properties.
At their March 16, 2016 meeting, the Planning Board recommended approval for the annexation,
as long as the three other parcels are also annexed.
STRATEGIC PLAN FOCUS AREA/ACTION STEP: Strategic Focus Area: Institute Smart
Growth principles: Strategies: Annexation, Action Steps:
1. Require contiguous properties to annex.
SUSTAINABILITY: NA
FISCAL IMPACT:
This item will have a fiscal impact on the City, through an increase in
services not previously provided by the City.
RECOMMENDATION:
on
first reading,
and
direct
It is recommended that the City Commission approve the annexation
staff
to pursue the annexation
of
the three
other parcels.
Page 2
of
2
April 18, 2016
SUBJECT: Annexation for 4. 83 acres Located on the West Side of North Woodland Blvd.
Approx. 400' South of Violetwood Rd.
BACKGROUND/ DISCUSSION:
The City' s guidelines for annexation are that the property be contiguous to the City for at least
100 linear feet and public services be available to the area. In addition, the state requires that the
property is reasonably compact, is not circuitous, and does not create an enclave. The property is
contiguous to the boundary of the City on the south ( 300') and on the north ( 100'); and does not
create an enclave due to the right of way of Woodland Boulevard not being annexed at this time.
The applicant has also submitted an application for a change in land use ( SMLU- 16- 13) from
Volusia County Commercial, to City of DeLand Highway Commercial; and a change of zoning
Z- 16- 14), from B- 4 and B- 4C, Volusia County General Commercial and Volusia County
General Commercial Thoroughfare, to City of DeLand C- 2, General Commercial.
During the review process of the land use amendment, staff can initiate the annexation of the
three
northern parcels.
ORDINANCE NO. 2016 -
A ORDINANCE OF THE CITY COMMISSION OF DELAND, FLORIDA,
ANNEXING
LOCATED
APPROXIMATELY
ON
BOULEVARD
THE
WEST
+1-
4. 83
SIDE
APPROXIMATELY
ACRES
OF
400
OF
NORTH
FEET
PROPERTY
WOODLAND
SOUTH
OF
VIOLET WOOD ROAD; AMENDING CITY BOUNDARIES TO INCLUDE
THE
ANNEXED
PROPERTY;
AFFIRMING
COMPLIANCE
WITH
STATUTORY PROCEDURE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Petitioner, Tara L. Tedrow,
Esq., on behalf of Goodwill Industries of
Central Florida, Inc., submitted a petition for annexation of parcels of land located on the west
side of North Woodland Boulevard approximately 400' south of Violetwood Road; and
WHEREAS, the subject property is currently is an undeveloped area of land totaling +/4. 83 acres; and
WHEREAS, the area to be annexed is contiguous to the boundaries of the City of
DeLand on the south and north, will not create an enclave if annexed, is reasonably compact, is
not circuitous, and otherwise meets the requirements of Chapter 171, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
DELAND, FLORIDA:
Section 1.
The following described parcels of land in Volusia County, Florida, for which
a petition for annexation has been received by the City of DeLand, totaling approximately +/4. 83 acres and located on the west side of North Woodland Boulevard approximately 400' south
of Violetwood Road, are hereby annexed and made part of the City of DeLand, subject to the
jurisdiction, obligations, benefits and privileges of property within the municipality:
See legal description attached hereto as Exhibit" A"
Parcel Identification Nos. 6033- 00- 00- 0252; 6033- 00- 00- 0254;
6033- 00- 00- 0256; and 6033- 00- 00- 0270
Section 2.
The boundary lines of the City of DeLand are hereby changed and redefined
to include the land described in Section 1 above and depicted on the map attached hereto as
Exhibit " B" and by this reference made a part hereof
Section 3.
The City Commission finds that a public hearing has been held on this
Ordinance prior to adoption in the Commission Chambers, City Hall, 120 S. Florida Avenue,
DeLand, Florida,
accordance with
at
7: 00 P. M.,
Florida Statutes Section 171. 044.
2016,
after
notice
published
in
Section 4.
This Ordinance shall become effective immediately upon its adoption.
PASSED AND DULY ADOPTED this
day of
Robert F. Apgar
Mayor-Commissioner
I
ATTEST:
Julie A. Hennessy
City Clerk - Auditor
Passed on first reading:
Adopted on second reading:
APPROVED AS TO FORM AND LEGALITY:
Darren J. Elkind
City Attorney
2016.
EXHIBIT A
LEGAL DESCRIPTION:
A parcel of land being a part of the North 1/ 2 of the Southwest 1/ 4 of the Southwest 1/ 4 of
Section 33, Township 16 South, Range 30 East, Volusia County, Florida, being more
particularly described as follows:
Commencing at the Northwest corner of the Southwest 1/ 4 of the Southwest 1/ 4 of said Section
33, thence North 88° 46' 16" East and along the Northerly line of said Southwest 1/ 4 of the
Southwest 1/ 4 also being the centerline of Violetwood Road, a distance of 970. 62 feet; thence
departing said North line South 01° 37'47" East a distance of 40. 00 feet to the Point of Beginning
said point lying on the Southerly Right of Way line of Violetwood Road; thence North 88° 46' 16"
East along said Southerly Right of Way line a distance of 102. 34 feet; thence departing said
Right of Way line South 01° 29' 46" East a distance of 285. 00 feet; thence South
88° 46' 16" West a distance of 20. 00 feet; thence South 01° 29' 46" East a distance of 100. 00 feet;
Southerly
thence North 88° 46' 16" East a distance of 220. 00 feet to the Westerly Right of Way line of U. S.
Highway 17 as now established; thence South 01° 29'46" East and along said Westerly Right of
Way a distance of 575. 39 feet to a point on the South line of the Southwest 1/ 4 of the Southwest
1/ 4 of the Southwest 1/ 4; thence departing said Westerly Right of Way line South 88°46' 16"
West along said South line a distance of 300. 10 feet; thence North 01° 37'47" West a distance of
960. 08 feet to the Point of Beginning.
PLANNING DEPARTMENT STAFF REPORT
TO
PLANNING BOARD
MARCH 16, 2016 ( revised)
APPLICATION: AN- 16- 12
Requested Action: Annexation
Location: West
side of
Woodland Blvd., between Violetwood Rd. & Summit Oak Place
Petitioner: Tara L. Tedrow, Attorney for Goodwill
Owner: John H. Dupree, Susan P. Dupree, Phillip L. Freeman, and Suzanne Freeman
Living Trust
Size
of parcel: +/-
4. 83 acres
Parcel Identification No.: 6033- 00- 00- 0252, 6033- 00- 00- 0254, 6033- 00- 00- 0256, 6033-
00- 00- 0270
Land Use Designation and Zoning of Subject Property:
Future Land Use:
Commercial ( Volusia County)
Existing Zoning:
Volusia
County
B- 4,
General
Commercial
and
B- 4C,
General
Commercial Thoroughfare
Existiing
Surrounding
Use:
Vacant commercial
Land Use &
Zoning (Where Applicable):
Land Use
North: Business Retail
South:
Highway Commercial
Highway Commercial & Volusia County Commercial
Volusia County Urban Low Intensity
East:
West:
Zoning
North: PD, Woodland
Crossing &
B- 4C ( VC),
Volusia County General Commercial
Thoroughfare
South:
East:
C- 2, General Commercial
C- 2, General Commercial &
B- 4C ( VC),
Volusia County General Commercial
Thoroughfare
West: A- 3 ( VC),
Volusia County Transitional Agriculture
Physical Characteristics: The subject property is currently undeveloped and is heavily
wooded with some meadow at
the
southern portion of
the site.
It is bounded
on
the
north
by strip commercial development and to the west by undeveloped residential land. To the
east, across N. Woodland Blvd., the development pattern is predominantly highwayoriented commercial development, including a shopping center, a filling station, a bank and
a drive-through fast food restaurant. The subject property is bounded to the south by a
veterinarian' s office.
Public Utilities
Services:
City utilities are available to the subject property and no
issues are anticipated in providing City services to the parcel.
and
Growth Management Plan Consistency: An application for a change in land use ( SMLU16- 13) from Volusia County Commercial to City of DeLand Highway Commercial; and a
change of zoning ( Z- 16- 14) from B- 4 and B- 4C, Volusia County General Commercial and
Volusia County General Commercial Thoroughfare to City of DeLand C- 2, General
Commercial; have been
submitted at
this time.
Use of the site as a Goodwill retail store
with a Job Connection Center career counseling facility has been proposed; however, an
application for site plan review has not yet been submitted. The property will retain the
current County land use and zoning designations until the Comprehensive Plan amendment
is approved.
Approval of the annexation will not change the land use and zoning
designations.
The City' s guidelines for annexation are that the property be contiguous to the
City for at least 100 linear feet and public services be available to the area. In addition, the
state requires that the property is reasonably compact, is not circuitous, and does not create
Analysis:
The property is contiguous to the boundary of the City on the south ( 300') and
the north ( 100'); and does not create an enclave due to the right of way of Woodland
an enclave.
on
Boulevard not being annexed at this time.
Discussions during the Joint City County Coordinating Committee review process, Volusia
County made a request that the three remaining lots to the north of the subject property also
be annexed into the City. Staff concurs with this request, as it will reduce confusion in the
future as to which regulations should be followed during future development. Staff's initial
research into this annexation shows two lots have covenants to support annexation, which
will allow for the City to annex those parcels. The third lot is being handled through other
means to have the property owner request annexation. Refer to the attached map that shows
the status of the northern properties.
It is recommended that the Planning Board forward this annexation
petition to the City Commission, with a recommendation for approval of the subject
Recommendation:
property, as well as the three parcels to the north.
Based upon the concurrency requirements of the State of Florida and the City's concurrency
management plan, as adopted in Article 5, Sec. 33- 41 of the Land Development Regulations,
approval of the proposed annexation does not automatically provide vested development rights. At
the time the developer applies for a development permit, adequate infrastructure must exist to
If such infrastructure does not exist, the developer may be
required to incur additional expense to ensure that the necessary infrastructure is provided.
support
the proposed development.
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