City Council Meeting
City of DeBary
Subject: Resolusion #17-02 Petition to Vacate portions of Valencia Rd. ROW.
From: Matt Boerger, Growth Management
Meeting/Hearing Date: March 1, 2017
( ) Ordinance
( ) Supporting Documents/Contracts
The property owners and joint applicants, Gerald Martin and Terry and Kelley Mims are requesting approval of vacation of approximately 300 feet of public right of way and concurrent lot combination. The subject right of way to be vacated is approximately 0.3 acres and located along Valencia Road; between the intersections of Marsella Rd and Valencia Rd and Matanzas Rd and Valencia Rd. Therein the applicants, Mims and Martin, are requesting approval of concurrent abandonment and lot combination herein described as Case #16-01-VAC-Valencia and Case#17-01-LCM-Martin/Mims.
The applicants have requested a partial vacate of the Valencia public right of way and concurrent lot combination. The Mims have requested the abandonment for the particular hardship of an inability to build upon their southern lots due to lack of access to right of way. Furthermore, historic development patterns within the area has encouraged the Martin homestead to access their property through the Mims parcel. The proposed vacate and concurrent lot combination shall remedy aforementioned hardship to the Mims and correct non-conforming access to the Martin homestead.
Findings of Fact
The City of DeBary Department of Growth Management finds the requested vacate and concurrent lot combinations are sufficient in fulfilling those standards within the City’s Land Development Code, as delegated to the planning officials for interpretation. This determination of sufficiency is delineated within the following finding of fact.
1. The applicants are the fee simple owners of the Martin and Mims Homesteads and all ad valorem taxes due and owing on said properties have been paid and proper notice of the Mims and Martin partial vacation request has been given by law, and proof of publication of said notice has been received by the City; and
2. City of DeBary Public Works, Fire Services and other appropriate utilities have filed letters of no objection to the proposed abandonment, finding no adverse impact to maintenance services to public drainage needs, future transportation improvement, infrastructure or emergency accessibility; and:
3. The Planning Department finds no objectionable criterion due to setbacks, frontage, accessibility, zoning, future land use, or land development standards as prescribed within the Land Development Code and Comprehensive Plan; and
4. Aproval of the proposed applications will remedy nonconformities and hardship due to existing area constraints to further align with Land Development Code standards delineated within Sec 4-84(b)(2) as, Street Access. Development of land shall provide, by means of a street or accessway, each lot with satisfactory and permanent access to and existing paved street.
The Department of Growth Management recommends approval of the abandonment and concurrent lot combination agreement. Finding vested home rule authority, pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, as well as the provisions of the City Charter and other law and therefore the City has the authority to vacate easements dedicated to the City and public. Therefore, the Planning and Development Staff may recommend reasonable conditions to City Council. If the request is denied, the reasons shall be provided as part of the action for denying the request.
Recommend Approval of Resolution #17-02
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other