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Commission approves first readings to annex 21.07 acres at Blue Lake and to change land use on adjacent 15.5 acres

2581960 · January 22, 2025
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Summary

On first reading the DeLand City Commission voted to annex about 21.07 acres at the northwest corner of South Blue Lake Avenue and East Beresford Avenue and approved a related future land-use amendment for 15.5 acres to the city's Low Density Residential designation; commissioners debated density and tiny-home options.

The DeLand City Commission on first reading approved an ordinance to annex approximately 21.07 acres at the northwest corner of South Blue Lake Avenue and East Beresford Avenue and separately approved a first-reading comprehensive-plan amendment to change the future land use of about 15.5 adjacent acres from Volusia County's Urban Low Intensity to the City of DeLand's Low Density Residential designation.

Staff said the annexation includes right-of-way to create contiguity with existing city property and that a planning-board recommendation for both items was made on Dec. 11. The applicant, represented by Scott Banto, told the commission the property originally was considered for tiny-home development but that those plans had largely been set aside; he said the applicant now expects to pursue single-family housing and would submit a rezoning application within about 30 days.

Planner Kendall Storey told the commission that under Volusia County's Urban Low Intensity designation the site could yield up to four dwelling units per acre (about 62 homes on 15.5 acres). She said the city's Low Density Residential designation has a theoretical maximum of 5.8 units per acre (up to 89 homes on the 15.5 acres), though staff and the city attorney cautioned that practical constraints ' such as required roadways, stormwater, tree preservation and minimum lot sizes ' typically reduce actual yield.

City Attorney and staff reminded the commission that annexation and land-use changes are legislative actions over which the commission has broad discretion; rezoning, the attorney said, is a later quasi-judicial process that requires a separate application, evidence and public hearings.

Commissioners discussed whether the applicant should consider the city's Transitional Residential Development (TRD) option, which may include density bonuses under specific criteria, and whether to encourage tiny-home concepts; several commissioners said the city has updated its tiny-home rules and staff said they had worked cooperatively with the applicant on that idea, though the applicant said investor and county-level resistance had limited the tiny-home option.

The annexation ordinance passed on first reading with a unanimous roll call of yes votes by Commissioners Paiva, Dan Reed, Kevin Reed and Vice Mayor Jessica Davis. The land-use amendment passed first reading on a 3-1 vote: Commissioners Paiva, Dan Reed and Vice Mayor Davis voted yes; Commissioner Kevin Reed voted no. The second readings for these items were not yet scheduled during the meeting.

Staff emphasized that rezoning and any subdivision or site plan would be separate future steps subject to review of engineering, stormwater and access. The Volusia County School Board provided a capacity determination indicating adequate school capacity to accommodate the land-use change, Storey said.

The applicant said he would continue working with city staff on next steps and that he expected to file a rezoning application in the near term.