October 3, 2012 Regular City Commission Meetings
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Call to Order - Call to Order
Roll Call
Call to Order
Call to OrderRoll Call
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Items 4 & 5 - 4A. Approval of Minutes
Approval of the minutes of the September 19, 2012 Regular City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
5. Agenda Approval.
Those matters included under the consent agenda are self-explanatory and are not expected to require review or discussion. Items will be enacted by one motion. If discussion is desired by any member of the commission, that item must be removed from the consent agenda and considered separately. (Citizens with concerns should address those concerns to a member of the city commission or staff).
Items 4 & 5
4A. Approval of MinutesApproval of the minutes of the September 19, 2012 Regular City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
5. Agenda Approval.
Those matters included under the consent agenda are self-explanatory and are not expected to require review or discussion. Items will be enacted by one motion. If discussion is desired by any member of the commission, that item must be removed from the consent agenda and considered separately. (Citizens with concerns should address those concerns to a member of the city commission or staff).
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Consent Agenda - Consent Agenda Items 7A - 7D
Consent Agenda
Consent Agenda Items 7A - 7D
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Item 6A - The Florida Inland Navigational District (FIND) will present the reimbursement check for successful partnership and completion of two projects within the City.
Volusia County’s FIND Commissioner, Ms. Nancy J. Freeman, to present.
Item 6A
The Florida Inland Navigational District (FIND) will present the reimbursement check for successful partnership and completion of two projects within the City.Volusia County’s FIND Commissioner, Ms. Nancy J. Freeman, to present.
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Item 8A - Ordinance on second reading – PUBLIC HEARING - adopting a Small Scale Comprehensive Plan Amendment, changing the Future Land Use Map designation from Retail to Level 1 Residential for 2.65± acres of land. The property is generally located on the east side of Ocean Dunes Terrace between Poinsettia Road and Ocean Dunes Road and also includes certain parcels between Ocean Dunes Road and Rosalyn Avenue west of South Atlantic Avenue. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.
Item 8A
Ordinance on second reading – PUBLIC HEARING - adopting a Small Scale Comprehensive Plan Amendment, changing the Future Land Use Map designation from Retail to Level 1 Residential for 2.65± acres of land. The property is generally located on the east side of Ocean Dunes Terrace between Poinsettia Road and Ocean Dunes Road and also includes certain parcels between Ocean Dunes Road and Rosalyn Avenue west of South Atlantic Avenue. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 9-to-0.Action: Motion to adopt the Ordinance.
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Item 8B - Ordinance on second reading - PUBLIC HEARING - amending Chapter 102, Article V, Section 102-208, City Code, to regulate the time and manner of operation of commercial Pedicabs on the Pier and Boardwalk. To ensure the safety of pedestrians in the area of the Boardwalk, Oceanfront Bandshell and the Daytona Beach Pier, the ordinance will restrict the operation of Pedicabs when the anticipated crowds for the
events would create an unsafe environment by establishing pick-up and drop off locations for the operators with proper designation by signs and pavement markings. Michael Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8B
Ordinance on second reading - PUBLIC HEARING - amending Chapter 102, Article V, Section 102-208, City Code, to regulate the time and manner of operation of commercial Pedicabs on the Pier and Boardwalk. To ensure the safety of pedestrians in the area of the Boardwalk, Oceanfront Bandshell and the Daytona Beach Pier, the ordinance will restrict the operation of Pedicabs when the anticipated crowds for theevents would create an unsafe environment by establishing pick-up and drop off locations for the operators with proper designation by signs and pavement markings. Michael Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8C - Ordinance on first reading - PUBLIC HEARING - amending the Land Development Code (LDC), Article 12 (Redevelopment Areas and Districts), Section 3 (Redevelopment Districts Use Schedules), to clarify that restaurants with drive-up windows are allowed as a conditional use in specific redevelopment zoning districts
and prohibited in others; and amending, Section 5 (Schedule of Conditions), to revise the conditions for restaurants with drive-up windows. Applicant: Development and Administrative Services Department, Redevelopment Division. Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 9-to-0. Downtown/Ballough Road Redevelopment Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
Item 8C
Ordinance on first reading - PUBLIC HEARING - amending the Land Development Code (LDC), Article 12 (Redevelopment Areas and Districts), Section 3 (Redevelopment Districts Use Schedules), to clarify that restaurants with drive-up windows are allowed as a conditional use in specific redevelopment zoning districtsand prohibited in others; and amending, Section 5 (Schedule of Conditions), to revise the conditions for restaurants with drive-up windows. Applicant: Development and Administrative Services Department, Redevelopment Division. Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 9-to-0. Downtown/Ballough Road Redevelopment Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
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Item 9A - Ordinance on first reading - adopting Large Scale Comprehensive Plan Amendments
previously transmitted to state agencies and local jurisdictions amending the Future
Land Use Map designation from General Industrial to Commercial Amusement for
114± acres of land and adds a new Neighborhood P issue and policy to limit residential
development for the subject parcel to a maximum of 1,500 residential units. The property is generally located north of International Speedway Boulevard and west of Bill France Boulevard and also encompasses both sides of Dunn Avenue north and west of the Palm Terrace Elementary School. Applicant: Robert A. Merrell, III, Esq., Cobb Cole and Bell, on behalf of International Speedway Corporation and Event Equipment Leasing, LLC. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
Item 9A
Ordinance on first reading - adopting Large Scale Comprehensive Plan Amendmentspreviously transmitted to state agencies and local jurisdictions amending the Future
Land Use Map designation from General Industrial to Commercial Amusement for
114± acres of land and adds a new Neighborhood P issue and policy to limit residential
development for the subject parcel to a maximum of 1,500 residential units. The property is generally located north of International Speedway Boulevard and west of Bill France Boulevard and also encompasses both sides of Dunn Avenue north and west of the Palm Terrace Elementary School. Applicant: Robert A. Merrell, III, Esq., Cobb Cole and Bell, on behalf of International Speedway Corporation and Event Equipment Leasing, LLC. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
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Item 9B - Ordinance on first reading - approving a request to rezone 188.9± acres of land
located on West International Speedway Boulevard (ISB) directly north of Daytona
International Speedway, amending the previously approved Planned Master Development (PMD) Agreement; adding 118± acres of land to the existing PMD zoning district, and revising the approved mixed-use retail, entertainment, hotel,
commercial office, and residential uses; and to enter into a PMD Agreement, establishing development standards for the PMD. Applicant: Robert A. Merrell, III, Esq. on behalf of Scott Bullock with International Speedway Corporation and Event Equipment Leasing, LLC Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0. Action: Motion to pass the Ordinace on first reading. Note: If passed, Public Hearing, October 17.
Item 9B
Ordinance on first reading - approving a request to rezone 188.9± acres of landlocated on West International Speedway Boulevard (ISB) directly north of Daytona
International Speedway, amending the previously approved Planned Master Development (PMD) Agreement; adding 118± acres of land to the existing PMD zoning district, and revising the approved mixed-use retail, entertainment, hotel,
commercial office, and residential uses; and to enter into a PMD Agreement, establishing development standards for the PMD. Applicant: Robert A. Merrell, III, Esq. on behalf of Scott Bullock with International Speedway Corporation and Event Equipment Leasing, LLC Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0. Action: Motion to pass the Ordinace on first reading. Note: If passed, Public Hearing, October 17.
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Item 9C - Daytona International Speedway - Planned Master Development (PMD) - Rezoning (pp. 336-440)
Ordinance on first reading – approving a request to rezone 483± acres of land located
at 1801 West International Speedway Boulevard, from Major Sports District (MSD) to Planned Master Development (PMD). The purpose of the PMD rezoning is to facilitate long term planning and development of the Speedway Property for expansion of the racing uses at Daytona International Speedway in conjunction with complimentary mixed-use retail, dining, entertainment, hotel, commercial, office, and residential uses; and to enter into a PMD Agreement, establishing development standards for the PMD. Applicant: Robert A. Merrell, III, Esq., on behalf of Scott Bullock with Daytona
International Speedway, LLC Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 11-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
Item 9C
Daytona International Speedway - Planned Master Development (PMD) - Rezoning (pp. 336-440)Ordinance on first reading – approving a request to rezone 483± acres of land located
at 1801 West International Speedway Boulevard, from Major Sports District (MSD) to Planned Master Development (PMD). The purpose of the PMD rezoning is to facilitate long term planning and development of the Speedway Property for expansion of the racing uses at Daytona International Speedway in conjunction with complimentary mixed-use retail, dining, entertainment, hotel, commercial, office, and residential uses; and to enter into a PMD Agreement, establishing development standards for the PMD. Applicant: Robert A. Merrell, III, Esq., on behalf of Scott Bullock with Daytona
International Speedway, LLC Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 11-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
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Item 9D - Ordinance on first reading - approving a request to rezone 7.29± acre of land located
at 300 North Beach Street from RPUD Residential Planned Unit Development (RPUD) to Commercial (RDD-3) in order to facilitate development that is consistent with the core Downtown area. Applicant: Robert A. Merrell III, Esq. on behalf of 400 Beach Street Acquisition, LLC.
Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 9-to-0. Downtown/Ballough Road Redevelopment Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
Item 9D
Ordinance on first reading - approving a request to rezone 7.29± acre of land locatedat 300 North Beach Street from RPUD Residential Planned Unit Development (RPUD) to Commercial (RDD-3) in order to facilitate development that is consistent with the core Downtown area. Applicant: Robert A. Merrell III, Esq. on behalf of 400 Beach Street Acquisition, LLC.
Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 9-to-0. Downtown/Ballough Road Redevelopment Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
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Item 9E - Ordinance on first reading - approving a request to rezone 3.027± acres of land
located at the corner of Mullally Street and Daytona Street from the Beach Street
Condominium Residential Planned Unit Development (RPUD) to Commercial (RDD-
3) and Residential Professional (RP) in order to facilitate development that is consistent
with the core Downtown Area. Applicant: Robert A. Merrell III, Esq. on behalf of 400
Beach Street Acquisition, LLC. Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 9-to-0. Downtown/Ballough Road Redevelopment Board recommends approval 8-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
Item 9E
Ordinance on first reading - approving a request to rezone 3.027± acres of landlocated at the corner of Mullally Street and Daytona Street from the Beach Street
Condominium Residential Planned Unit Development (RPUD) to Commercial (RDD-
3) and Residential Professional (RP) in order to facilitate development that is consistent
with the core Downtown Area. Applicant: Robert A. Merrell III, Esq. on behalf of 400
Beach Street Acquisition, LLC. Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 9-to-0. Downtown/Ballough Road Redevelopment Board recommends approval 8-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
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Item 9F - Ordinance on first reading – approving an amendment to the approved Overlook
Residential Planned Unit Development (RPUD) adding 8.04± acres of land to the existing 3.22± acre RPUD for a total of 11.26 acres, to allow for a marina and related activities as permitted uses in the RPUD. Applicant: Pete Zahn, P.E., Zahn Engineering, Inc., on behalf of Richard Zahn, Daytona Seabreeze, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-2. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
Item 9F
Ordinance on first reading – approving an amendment to the approved OverlookResidential Planned Unit Development (RPUD) adding 8.04± acres of land to the existing 3.22± acre RPUD for a total of 11.26 acres, to allow for a marina and related activities as permitted uses in the RPUD. Applicant: Pete Zahn, P.E., Zahn Engineering, Inc., on behalf of Richard Zahn, Daytona Seabreeze, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-2. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 17.
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Item 9G - Resolution appointing one (1) member to the Midtown Redevelopment Area Board to serve as an alternate member who is a design professional. The board shall consist of nine (9) members serving for staggered terms of two (2) years appointed by the City Commission; five (5) members who reside in or have their principal place of business in the Midtown Redevelopment area (MRDA); two (2) members who reside in the City (city); one (1) member of the Planning Board (PB); one (1) member who is a Design
Professional (DP); and one (1) alternate member who is a Design Professional (ADP) and who will serve only in the absence of the Design Professional member. We have one application from John Shanks. Betty Goodman, Assistant City Manager, to report. Recommendation: Commission action. Action: Motion to adopt the Resolution.
Item 9G
Resolution appointing one (1) member to the Midtown Redevelopment Area Board to serve as an alternate member who is a design professional. The board shall consist of nine (9) members serving for staggered terms of two (2) years appointed by the City Commission; five (5) members who reside in or have their principal place of business in the Midtown Redevelopment area (MRDA); two (2) members who reside in the City (city); one (1) member of the Planning Board (PB); one (1) member who is a DesignProfessional (DP); and one (1) alternate member who is a Design Professional (ADP) and who will serve only in the absence of the Design Professional member. We have one application from John Shanks. Betty Goodman, Assistant City Manager, to report. Recommendation: Commission action. Action: Motion to adopt the Resolution.
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Item 9H - Resolution approving an agreement with Al Smith Productions, 154 S. Beach Street, Daytona Beach, FL 32114, for a five-year term, to install, manage, promote, and license to operate a temporary ice skating rink and ancillary facilities at the Oceanfront
Bandshell during the annual Holiday Season (between November and January). J. Paul Wetzel, Support Services Director, to report.
Recommendation: Support Services Director recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
Item 9H
Resolution approving an agreement with Al Smith Productions, 154 S. Beach Street, Daytona Beach, FL 32114, for a five-year term, to install, manage, promote, and license to operate a temporary ice skating rink and ancillary facilities at the OceanfrontBandshell during the annual Holiday Season (between November and January). J. Paul Wetzel, Support Services Director, to report.
Recommendation: Support Services Director recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
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Citizen Comments - Public comment by people addressing the city commission.
Citizen Comments
Public comment by people addressing the city commission.
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Items 11 & 12 - 11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.
12. ADJOURNMENT.
Items 11 & 12
11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.12. ADJOURNMENT.
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