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Showalter Ordinance 09-16
Attachment NameAttachment SizeAttachment Date
Size: 5.3M
Last Updated: 2016/7/28
Size: 5.7M
Last Updated: 2016/6/15
Size: 246K
Last Updated: 2016/7/28
City of DeBary SealCity Council Meeting
City of DeBary

Subject: Showalter Rezoning, Ordinance 09-16
From: Matt Boerger, Planning Administrator
Meeting/Hearing Date:  August 3, 2016

(X)  Ordinance
(   )  Resolution
(   )  Other
(   )  Supporting Documents/Contracts

The property owners, David and Sally Showalter are requesting a rezoning for the six properties zoned B-2 (Neighborhood Commercial Classification) to a rezoning classification of R-1 (Urban Single Family Residential Classification). The parcels are located on the south side of West Highbanks Road, west of Rob Sullivan Park, northwest of the intersection of Sanctuary Ave/Ruth Jennings, and west of US 17-92.  

Background Discussion
Pursuant to the City of DeBary Land Development Code, Sec. 1-6, land may be rezoned at the initiative of the property owner or other person with beneficial interest in the land as an agent of the property owner. In adherence to LDC Sec. 1-6, the applicant is requesting to rezone the subject parcels concurrent with a future land use map amendment. This function shall provide for the subject parcels to change zoning classifications from B-2 Neighborhood Commercial to R-1 Urban Single Family Residential.



Zoning Designation
FLU Designation
IPUD/ W. Highbanks Rd
I/U; Industrial Utilities/ W Highbanks Rd
Vacant/ W. Highbanks Rd.
R-1; Urban Single Family Residential
RLD; Residential Low Density
Single Family Residential
B-5; Heavy Commercial
Commercial Retail
R-1; Urban Single Family Residential
Residential Low   Density
Single Family Residential

The applicants and owners, David and Sally Showalter, initially purchased the six parcels with the intention of developing a neighborhood commercial use upon the properties. Therein, the parcels were previously amended for a commercial classification; an amendment to the Future Land Use Map and rezoning. The owners have been unsuccessful in procuring development upon the parcels and are now requesting the future land use map amendment and a rezoning in order to allow for the development of a residential use similar to that of surrounding properties. The parcels are currently platted lots that are consistent with the dimensions of the surrounding residential neighborhood. However, Lot's 8 (19,965 sq. ft.), 9 (19,956 sq. ft.), and 13 (16,453 sq. ft.) do not meet the minimum lot size requirements of the proposed R-1 Zoning designation which is 20,000 square feet. Therefore, the applicant will be required to process a lot line reconfiguration or lot combination prior to submitting for a building permit so that all the lots are in conformance with the R-1 minimum lot size requirements.
  Please see the City of DeBary Zoning Maps attached as Exhibit B for the existing B-2 Zoning and Exhibit A for the proposed R-1 Zoning designations.

Subject Parcel ID

The proposed application is consistent and compatible with Sec 1-6 and all other applicable sections of th City's Land Development Code. If the Council votes to recommend approval of the rezoning request, the decision making body finds that the request meets the criteria put forth in the City of DeBary Land Development Code Sec. 1-6 as well as all other applicable sections.

Recommended Motion  
Approve Ordinance 09-16 permitting the rezoning of the subject parcels from B-1 Neighborhood Commercial to R-1 Urban Single Family Residential with the condition that all future development of the subject site meet the minimum lot size requirements of the R-1 Zoning designation.

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other


City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122