CITY OF DELAND, FLORIDA REQUEST FOR COMMISSION ACTION. FEBRUARY 15, 2016 Attachments: X] Ordinance X ] Staff Report ] Location Map.

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1 Department: Plannng Subject: A- 6-0; Abandonment of Rght-of- Way Located Wthn a Porton Co. Plat X of the Blue Lake Celery CITY OF DELAND, FLORIDA REQUEST FOR COMMISSION ACTION FEBRUARY 5, 206 Attachments: X] Ordnance X ] Staff Report ] Locaton Map Prepared by: Approved by: M// /766/-,C Department Head Cty Manager SUMMARY/ HIGHLIGHT: The applcant, Randall W. Stallard, ( Lendcore Development, LLC, owner), wshes to abandon a porton of an unnamed rght- of-way runnng east- west between ther two parcels, and another borderng ther property drectly to the east. Both rghts-of-way were orgnally platted n 93, but nether were developed or serve as prmary access to any other parcels. Abandonment of the property would allow the applcant greater flexblty n developng ther property as a resdental subdvson. The total area of the property to be abandoned s approxmately 36, 23 square feet acres) n area. At ther January 20, 206 meetng, the Plannng Board recommended approval for the abandonment of the rght-of-way, subject to all utlty companes provdng a letter of no objecton. All utltes have now responded that they do not have an objecton f the rght of way s abandoned. STRATEGIC PLAN FOCUS AREA/ ACTION STEP: NA SUSTAINABILITY: NA FISCAL IMPACT: The abandonment wll allow for a more organzed development, whch n turn should ncrease the value of the subdvson. RECOMMENDATION: It s recommended that the Cty Commsson approve the abandonment for the rght-of- way on frst readng.

2 Page 2 of 2 February 5, 206 SUBJECT: A- 6-0; Abandonment of Undeveloped Rghts- of-way located wthn a porton of the Blue Lake Celery Co. Plat BACKGROUND/ DISCUSSION: Refer to attached staff report.

3 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF DELAND, FLORIDA, APPROVING ABANDONMENT OF A PORTION OF A RIGHT- OF-WAY LOCATED ON THE EAST SIDE OF MARSH ROAD BETWEEN OLD DAYTONA ROAD AND U. S. HIGHWAY 92 AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The applcant, Randall W. Stallard, has requested approval for the abandonment of a porton of the unopened and unmproved rght-of-way located on the east sde of Marsh Road between Old Daytona Road and U. S. Hghway 92 and more partcularly descrbed n the attached Exhbt" A"; and WHEREAS, the requested abandonment of ths porton of the rght-of-way s consstent wth the transportaton element of the Cty' s Comprehensve Plan; and WHEREAS, the requested abandonment of ths porton of the rght-of-way would not restrct access to any property, wll not be harmful to the publc nterest, and provdes a postve beneft to the Cty. FLORIDA: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELAND, Secton. That the rght-of-way descrbed n the attached Exhbt " A" s hereby abandoned, and any rght, ttle, or nterest of the publc n and to the rght-of-way on any recorded map or plat s hereby renounced and dsclamed. Secton 2. The effect of ths Ordnance s to abandon the above- descrbed rght-of-way and to renounce or dsclam any rght, ttle, or nterest of the publc n and to sad rght-of-way. Secton 3. The Cty Clerk- Audtor s hereby drected to have recorded n the publc records of Volusa County, Florda, a certfed copy of ths Ordnance. Secton. If any secton, sentence, clause or phrase of ths Ordnance s held to be nvald or unconsttutonal by any court of competent jursdcton, that holdng shall n no way affect the valdty of the remanng portons of ths Ordnance. Secton 5. All Ordnances or parts of Ordnances n conflct herewth are, to the extent of such conflct, hereby repealed. Secton 6. Ths Ordnance shall be effectve mmedately upon ts adopton. PASSED AND DULY ADOPTED ths day of 206. ATTEST: Robert F. Apgar Mayor-Commssoner Jule A. Hennessy Cty Clerk- Audtor APPROVED AS TO FORM AND LEGALITY: Darren J. Elknd Cty Attorney

4 EXHIBIT " A" SECTION 35, TOWNSHIP 6 SOUTH, RANGE 30 EAST CITY OF DeLAND, VOLUSIA COUNTY, FLORIDA. lk\ II SOUTH UNE OE THE SE / OF NW / o=ii, SECTION JEMZtrl, V7 v c pp a' 3o ' GRpHHrc SCALE BLUE COMPANY 7 LOT LOT 7LOT ' O CI b 0T 25 RECEIVED L I RIGHT OF WAY TO BE VACATED PLANNING& ZONING DESCRIPTION THE NORTH 20 FEET OF LOTS 2, 3 AND, LYING EAST OF MARSH ROAD, BLUE LAKE CELERY COMPANY SUBDIVISION, AS PER MAP IN MAP BOOK, PAGE 7, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. AND sppy THE EAST 20 FEET OF LOTS 2 AND 25, LYING EAST OF MARSH ROAD, BLUE LAKE f" CELERY COMPANY SUBDIVISION, AS PER MAP IN MAP BOOK, PAGE 7, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. r! lc, SPECIFIC PURPOSE EFTRD SURVEYING GROUP, INC. SKETCH OF DESCRIPTION ' '::,..:,,,, _.,.,. a""' r" ar. - L, - ; 76 E. WIZ WOE AVID= DII. ND. FLORIDA 6278 u/ la/ aola " 2 C F r LC. w k. P70RC TAX( 668) U rev..trdaurrstn2. om RST Q y - wat CarlJoata 0 Authorzaton IBoastad 8uadnaa? lumbar 77tD0 Lyon s. d blest. IMO P INC WI&2 IBM.... O...,

5 PLANNING DEPARTMENT STAFF REPORT TO CITY OF DELAND PLANNING BOARD JANUARY 20, 206 A. APPLICATION NO.: A- 6-0 APPLICANT: Randall W. Stallard ( Lendcore Development, LLC, owner) B. REQUEST: Abandonment of undeveloped rghts- of-way located wthn a porton of the hstorc Blue Lake Celery Co. Plat C. APPLICABLE REGULATIONS: Art. VIII, Secton ( d) Land Development Regulatons. D. ANALYSIS: The applcant wshes to abandon a porton of an unnamed rght- of-way runnng east- west between ther two parcels, and another borderng ther property drectly to the east. Both rghts-of-way were orgnally platted n 93, but nether were developed or serve as prmary access to any other parcels. Abandonment of the property would allow the applcant greater flexblty n developng ther property as a resdental subdvson. The total area of the property to be abandoned s approxmately 36,23 square feet (+/ acres) n area. Per the Cty' s Land Development Regulatons, applcatons to vacate a rght-of-way shall be approved upon a fndng that all of the followng requrements are met:. The requested vacaton s consstent wth the transportaton element of the Cty' s Comprehensve Plan. The rghts- of-way n queston have not been developed and ths request does not mpact the cty' s transportaton network. 2. The rght-of-way does not provde the sole access to any property. Remanng access shall not be by easement. The abandonment of these portons of the rght- of-way would not restrct access to any property nvolved or nearby. 3. The vacaton wll not jeopardze the current or future locaton of any utlty. Verfcaton of utltes s a pre- requste for approval. Florda Publc Utltes ( natural gas), Duke Energy ( electrcty), AT& T ( phone), and Brght House Networks ( cable) have all responded that they have no objectons to the request. The Cty of DeLand Publc Works has been contacted by the applcant, but no wrtten response statng objecton to the abandonment has been receved at the tme of ths report. However, there appears to be no cty utltes located n the subject rghts-of- way, and the

6 L A of 2 nearest utltes are located along Marsh Rd. The approval of all potentally mpacted utlty provders must be receved pror to fnal processng of ths applcaton.. The proposed vacaton s not detrmental to the publc nterest, and provdes a postve beneft to the cty. No detrment exsts and allows the property to be developed as a resdental subdvson. E. STAFF RECOMMENDATION: Staff recommends that the Plannng Board recommend approval of ths request to the Cty Commsson.

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9 SECTION 35, TOWNSHIP 6 SOUTH, RANGE 30 EAST CITY OF DeLAND, VOLUSIA COUNTY, FLORIDA. ll\ SOUTH UNE OF THE SE / OF NW / OF g s - SECTION leu l mo' ////////////////////////. NE CORNER WIS0 0 NE CORNER ' = 200' GRAPHIC SCALEI BLUE LAKECOMPANY MBSUBDIPG VISION LOT LOT 3 LOT 2 j, fuy 0!fl R LOT 25 RECEIVED I RIGHT OF WAY TO BE VACATED > _ A, Nr NG 6: ZONING DESCRIPTION THE NORTH 20 FEET OF LOTS 2, 3 AND, LYING EAST OF MARSH ROAD, BLUE LAKE CELERY COMPANY SUBDIVISION, AS PER MAP IN MAP BOOK, PAGE 7, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. AND qqz THE EAST 20 FEET OF LOTS 2 AND 25, LYING EAST OF MARSH ROAD, BLUE LAKE f" NPy CELERY COMPANY SUBDIVISION, AS PER MAP IN MAP BOOK, PAGE 7, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. 0- ' A... tr,o/ SPECIFIC S. "" V j PURPOSE t -"" ' ' ` ' EFIRD SURVEYING GROUP, INC. SKETCH OF DESCRIPTION \' ; " z00' t. 75 S. BLUE LAfl AVENUE 2/ 0/ ws r C a LE JR Dff0-. FLORIDA 3272 MOOOIE R. orajnit LE LLCowat_ oro p acav la s corn lce z CalWf P80NE ( 388) 70- FAX( 386) mno e- met rry. Certfcate Of Authorsaton on Lcenseded Busness Number '. J ` TT sewn A'""";