COUNCIL AGENDA ITEM
SUBJECT:
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AB-2501: Request to vacate a portion of Hibiscus Drive and the Southeastern right-of-way of Thirty First Street.
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APPLICANT:
Kevin Kyle
REQUESTED ACTION:
Request to vacate a portion of Hibiscus Drive and the Southeastern right-of-way of Thirty First Street.
LOCATION:
Hibiscus Road, South of 30th to southeastern portion of 31st, which meets Indian Palm Drive
PARCEL ID:
8402-07-07-4900
PROPOSED USE:
Transfer ownership and maintenance to adjacent property owners.
CURRENT LAND USE:
Right-of-Way (Road)
BACKGROUND:
Hibiscus Drive was platted in 1956 as a fifty (50) foot right-of-way, found within Florida Shore Unit 8, Map Book 23, Page 126. In current condition today, Hibiscus Drive south of Thirtieth Street is a city road that is utilized by patrons of the gas station and restaurant, self-storage facility, and several vacant parcels. The end of Hibiscus Drive adjoining 31st Street serves vacant property. There are no City utilities within the right-of-way of Hibiscus Drive south of 30th Street.
DISCUSSION:
The applicant requested to vacate only a portion of Hibiscus Drive south of 30th Street to allow for the development of the property and to limit impacts to adjacent property owners. The applicant’s property is .64 acres in size.
The properties along Hibiscus Drive south of 30th Street have a commercial future land use designation and a zoning designation of B-2, Neighborhood Commercial. The applicant’s property, shown below, is at its widest, only 95 feet. The current shape of the lot restricts development to roughly the size of a shed based upon the B-2, Neighborhood Commercial setbacks standards. The applicant had applied for a minor site plan for a Karate Studio, however, the site plan was withdrawn due to the above restrictions, hence, the request for the vacation. The vacation would add .06 acres to 3103 India Palm Drive and would add .48 acres to the vacant track of land denoted by Parcel ID 8402-07-07-4900. The vacation would create a 1.12 acre site for the applicant.
Vacations must be made in the public interest. Article IX, Section 21-99.04, Approval Criteria Lists the following criteria City staff must respond to in order to provide a recommendation:
1. The proposed abandonment and vacation is substantially consistent with the Comprehensive Plan’s Goals, Objectives and Policies.
Policy 1.2.9
Stormwater Management. The City shall continue to enforce the stormwater management requirements in the Land Development Code, which provide specific standards for the design of on-site stormwater systems, as well as strategies and measures to minimize runoff into the Indian River Lagoon.
City staff believe the right-of-way vacation is in the public interest because the road, which does not have stormwater, will be removed of asphalt. If the vacation is successful, the development of the site will facilitate significant stormwater benefits for the immediate area.
Policy 1.2.10:
Development Orders and the Stormwater Master Plan. No development orders shall be issued unless the proposed development is determined to be in compliance with the City's Stormwater Master Plan.
The stormwater master plan was presented to City Council at the December 1st, 2025 meeting. This provision within the comprehensive plan requires all new development to be simulated through the stormwater computer model. In addition, the stormwater master plan has identified that Florida Shores is significantly deficient in stormwater storage capacity.
Objective 1.4:
Discourage Urban Sprawl and Encourage Redevelopment. Maintain regulations and procedures in the Land Development Code to limit the proliferation of urban sprawl and encourage redevelopment and revitalization of blighted areas.
Policy 1.4.3
Reducing Limitations on Infill and Redevelopment. If necessary, the City may reduce limitations on infill and redevelopment activities consistent with the land uses and densities indicated in this Plan in situations that will not jeopardize public health, safety or welfare.
Policy 1.14.2
Identifying and Prioritizing Infill Development Sites. Utilize existing inventories of land use information to identify and prioritize infill development sites; then coordinate with the Volusia County Office of Economic Development to make this information available to the private sector.
The comprehensive plan encourages infill development because it reduces the infrastructure burden cost on existing tax payers and is good planning practice. The requested vacation is to facilitate the development of a vacant property since it was platted in 1956 with a Neighborhood Commercial Business - Karate Studio.
2. The proposed abandonment and vacation will not affect the ownership or conferment access of persons owning adjacent property.
The applicant has only requested to vacate their portion of Hibiscus Drive south of 30th Street. The abutting property owner to 31st Street has no objections to the vacation. The vacation does not restrict access to the storage units or the gas station/restaurant. The Fire Department will require the applicant to pay for the cost to place a dead end road sign and bollards.
3. Other matters of concern applicable to the specific area involved.
Staff Support in the Public Interest:
1. The requested vacation does not impact access to adjacent property owners.
2. The City reduces maintenance costs, saving taxpayer money.
3. The vacation will help develop the property providing stormwater where there is no stormwater.
a. The development of the site will help activate the street and build upon the success of the small scale neighborhood commercial.
b. The development of the site will produce far greater tax revenue.
c. The development would add another space for a small business.
RECOMMENDED ACTION
Motion to send a favorable recommendation to City Council for AB-2501.