The owner or owners of real property(ies) in an unincorporated area of Volusia County which is contiguous to the incorporated area of the City of New Smyrna Beach and reasonably compact may petition the City Commission to take appropriate action, in compliance with Chapter 171.044, Florida Statutes, and any amendments thereto, and adopt an ordinance annexing the aforementioned property(ies) into the city limits of the City of New Smyrna Beach.
Any person proposing to voluntarily annex property into the City must meet with a Department of Development Services planner prior to submitting an application. The purpose of the pre-application meeting is to acquaint the applicant with the annexation procedures and to acquaint the City about the property(ies) to be annexed (§305.06[A], Land Development Regulations [LDR]).
The applicant must submit to a Department of Development Services planner an application package for annexation prior to the cutoff date.
The application package shall consist of the following information and any other information material to the annexation decision (§305.06[B], LDR):
- Completed Planning Application, prescribed by the Department of Development Services (§305.01[D], LDR);
- Receipt of administration fee payment;
- A petition for annexation signed by all owners of the property(ies) to be annexed;
- A boundary survey with a metes and bounds description of the subject property(ies), identifying the site acreage, any easements, and the portion of the property contiguous with the City limits dated, signed, and sealed by a Florida registered Surveyor and Mapper (copies of tax records, Property Appraiser’s information, and other forms of legal descriptions cannot be substituted for metes and bounds description(s) of the property(ies) boundaries);
- A copy of the warranty deed for all properties to be annexed;
- The Volusia County Comprehensive Plan future land use category(ies);
- The Volusia County zoning classification(s); and
- The existing land use(s), future land use category(ies), and zoning classification(s)/district(s) of the property(ies) within 150 feet of the subject property(ies).
Upon receipt of a complete application package by the Department of Development Services before the cutoff date as indicated on the official Planning and Zoning Board meeting schedule, the staff shall prepare an annexation report that addresses the following issues and derives a recommendation from facts to the local planning agency (LPA) to approve, conditionally approve, or deny the application (§305.06[C], LDR):
- Consistency of the proposed annexation with the goals, objectives, and policies of the Comprehensive Plan;
- Availability of municipal services to the subject property(ies) consistent with the City's adopted levels-of-service and plans for the extension of these services;
- Impacts expected from annexation of the subject property(ies); and
- Other issues that have a bearing on the annexation.
Planning & Zoning Board Review
Upon receipt of the annexation report, the board, in its capacity as the local planning agency (LPA), shall hold a public hearing on the annexation petition, review the application package and the staff recommendation, and make a recommendation to the City Commission to approve, conditionally approve, or deny the requested annexation (§305.06[C], LDR).
City Commission Action
Upon receipt of the recommendation of the Department of Development Services and the recommendation of the Planning and Zoning Board, the City Attorney shall prepare an annexation ordinance and schedule a public hearing for the City Commission to approve, conditionally approve, or deny the requested annexation (§305.06[C], LDR).
The City Commission shall establish, by resolution, a schedule of administration fees for annexation. The applicant for an annexation shall pay the required fees at the time the application is submitted. Administration fees shall be set and adjusted periodically by the City Commission (§305.06[D], LDR).