August 7, 2013 Regular City Commission Meetings
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Items 1 - 3 - 1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
Items 1 - 3
1. ROLL CALL.2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
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Item 4 - APPROVAL OF MINUTES.
4A.Approval of Minutes
Approval of the minutes of the April 24, 2012, Executive Session - Closed Meeting, The
City of Daytona Beach vs. Fringe Benefit Management Company, et al; the October 3,
2012, Executive Session - Closed Meeting, Matthew Olson vs. The City of Daytona
Beach; the June 5, 2013, Executive Session - Closed Meeting, A.B. and FLORIDA
CARRY vs. The City of Daytona Beach; and the July 17, 2013, Regular City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
Item 4
APPROVAL OF MINUTES.4A.Approval of Minutes
Approval of the minutes of the April 24, 2012, Executive Session - Closed Meeting, The
City of Daytona Beach vs. Fringe Benefit Management Company, et al; the October 3,
2012, Executive Session - Closed Meeting, Matthew Olson vs. The City of Daytona
Beach; the June 5, 2013, Executive Session - Closed Meeting, A.B. and FLORIDA
CARRY vs. The City of Daytona Beach; and the July 17, 2013, Regular City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
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Item 5 - AGENDA APPROVAL
Item 5
AGENDA APPROVAL
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Consent Agenda - Items 6A - 6D
Consent Agenda
Items 6A - 6D
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Item 7A - City Code - Chapter 82 - Special Events - Amendment (pp. 113-146)
Ordinance on second reading - PUBLIC HEARING - amending Chapter 82 of the
City Code to adopt new permitting procedures for use of City recreational and cultural
facilities. The City Commission previously determined that current permitting
procedures were outdated and legally weak. The fees were also determined to be
insufficient to properly fund facility maintenance and staffing. Staff was directed to
develop new permitting procedures and fees which were presented to the Commission
during workshops on March 15, 2012 and August 28, 2012. Proposed fees will be
brought to the City Commission as a Resolution at the second reading. (Continued from
the July 3, 2013 Regular City Commission Meeting)
J. Paul Wetzel, Support Services, to report.
Recommendation: Support Services Director recommends adoption of
the Ordinance.
Action: Motion to adopt the Ordinance.
Item 7A
City Code - Chapter 82 - Special Events - Amendment (pp. 113-146)Ordinance on second reading - PUBLIC HEARING - amending Chapter 82 of the
City Code to adopt new permitting procedures for use of City recreational and cultural
facilities. The City Commission previously determined that current permitting
procedures were outdated and legally weak. The fees were also determined to be
insufficient to properly fund facility maintenance and staffing. Staff was directed to
develop new permitting procedures and fees which were presented to the Commission
during workshops on March 15, 2012 and August 28, 2012. Proposed fees will be
brought to the City Commission as a Resolution at the second reading. (Continued from
the July 3, 2013 Regular City Commission Meeting)
J. Paul Wetzel, Support Services, to report.
Recommendation: Support Services Director recommends adoption of
the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 7B - Outdoor Event and City Facility Use - Fees Schedule - Approval (pp. 147-211)
Resolution approving the Outdoor Event and Facility Use Fees schedule developed by
Leisure Services and Cultural Services which is based on costs to properly staff, operate
and maintain City facilities. The City Commission directed staff to analyze costs and
usage for the purpose of developing fair fees that better compensate the City for its
investment in outdoor and indoor facilities while promoting increased usage by the
public. Staff believes that this fee schedule addresses those interests.
J. Paul Wetzel, Support Services Director, to report.
Recommendation: Support Services Director recommends adoption of the
Resolution.
Action: Motion to adopt the Resolution.
Item 7B
Outdoor Event and City Facility Use - Fees Schedule - Approval (pp. 147-211)Resolution approving the Outdoor Event and Facility Use Fees schedule developed by
Leisure Services and Cultural Services which is based on costs to properly staff, operate
and maintain City facilities. The City Commission directed staff to analyze costs and
usage for the purpose of developing fair fees that better compensate the City for its
investment in outdoor and indoor facilities while promoting increased usage by the
public. Staff believes that this fee schedule addresses those interests.
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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Item 7C - Rezoning – Planned Commercial Development – RaceTrac Ridgewood and Beville (pp.
212-310)
Ordinance on second reading – PUBLIC HEARING - approving a request to rezone
1.65± acres of land generally located at the northwest corner of Beville Road and South
Ridgewood Avenue, from T-2 (Tourist, Office, Restaurant), T-4 (Tourist, Office,
Retail), and R-3 (Multi-family) to PCD (Planned Commercial Development), to
construct a 5,928 square foot building and 20 gas pumps for retail sales with light
vehicular service; and to authorize the City to enter into a PCD Agreement, establishing
development standards for the PCD. Applicant: Mikal Hale, P.E., on behalf of Heather
O’Brien, Senior Transaction Manager with Fifth Third Bank.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-2.
Action: Motion to adopt the Ordinance.
Item 7C
Rezoning – Planned Commercial Development – RaceTrac Ridgewood and Beville (pp.212-310)
Ordinance on second reading – PUBLIC HEARING - approving a request to rezone
1.65± acres of land generally located at the northwest corner of Beville Road and South
Ridgewood Avenue, from T-2 (Tourist, Office, Restaurant), T-4 (Tourist, Office,
Retail), and R-3 (Multi-family) to PCD (Planned Commercial Development), to
construct a 5,928 square foot building and 20 gas pumps for retail sales with light
vehicular service; and to authorize the City to enter into a PCD Agreement, establishing
development standards for the PCD. Applicant: Mikal Hale, P.E., on behalf of Heather
O’Brien, Senior Transaction Manager with Fifth Third Bank.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-2.
Action: Motion to adopt the Ordinance.
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Item 7D - Land Development Code (LDC) - Article 12 - Section 2.2 - Text Amendment -
Convenience Stores with Fueling Facilities in South Atlantic Redevelopment Area (pp.
311-344)
Ordinance on first reading - PUBLIC HEARING - amending Land Development Code
(LDC), Article 12 (Redevelopment Areas and Districts), Section 2.2 (Uses specifically
prohibited) to allow convenience stores with fueling facilities in certain areas of the
South Atlantic Redevelopment Area. Applicant: Cobb Cole, Attorneys at Law, on
behalf of Sunoco, Inc. Reed Berger, Redevelopment Director, to report.
Recommendation: Main Street-South Atlantic Redevelopment Area Board
recommends approval 7-to-2.
Planning Board recommends approval 10-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 21.
Item 7D
Land Development Code (LDC) - Article 12 - Section 2.2 - Text Amendment -Convenience Stores with Fueling Facilities in South Atlantic Redevelopment Area (pp.
311-344)
Ordinance on first reading - PUBLIC HEARING - amending Land Development Code
(LDC), Article 12 (Redevelopment Areas and Districts), Section 2.2 (Uses specifically
prohibited) to allow convenience stores with fueling facilities in certain areas of the
South Atlantic Redevelopment Area. Applicant: Cobb Cole, Attorneys at Law, on
behalf of Sunoco, Inc. Reed Berger, Redevelopment Director, to report.
Recommendation: Main Street-South Atlantic Redevelopment Area Board
recommends approval 7-to-2.
Planning Board recommends approval 10-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 21.
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Item 8A - Rezoning – Planned Commercial Development – Boulevard Tire (pp. 345-404)
Ordinance on first reading – approving a request to rezone 2.43± acres of land located
at 800 South Nova Road from Business Automotive (BA), Industrial Park (M4), and
Tourist/ Office/Retail (T3), to Planned Commercial Development (PCD), to construct a
7,500 square foot building addition to an existing tire store including additional parking
and a stormwater retention system; and to authorize the City to enter into a PCD
Agreement, establishing development standards for the PCD. Applicant: George
Jenkins on behalf of Earl Colvard.
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, August 21.
Item 8A
Rezoning – Planned Commercial Development – Boulevard Tire (pp. 345-404)Ordinance on first reading – approving a request to rezone 2.43± acres of land located
at 800 South Nova Road from Business Automotive (BA), Industrial Park (M4), and
Tourist/ Office/Retail (T3), to Planned Commercial Development (PCD), to construct a
7,500 square foot building addition to an existing tire store including additional parking
and a stormwater retention system; and to authorize the City to enter into a PCD
Agreement, establishing development standards for the PCD. Applicant: George
Jenkins on behalf of Earl Colvard.
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, August 21.
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Item 8B - Rezoning – Planned Commercial Development – Daytona Plaza (pp. 405-481)
Ordinance on first reading – approving a request to rezone 15.21± acres of land
located at 1300 West International Speedway Boulevard, from Shopping Center (BR-2),
to Planned Commercial Development (PCD), to construct two additional buildings
which, added to the existing shopping center will total 150,487 square feet with
associated parking. The request includes demolition of the existing McDonald’s
restaurant and construction of a new one elsewhere on the property; and to authorize the
City to enter into a PCD Agreement, establishing development standards for the PCD.
Applicant: Kimley-Horn and Associates, on behalf of Gator Daytona Partners, LTD.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 11-to-0 w/conditions.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 21.
Item 8B
Rezoning – Planned Commercial Development – Daytona Plaza (pp. 405-481)Ordinance on first reading – approving a request to rezone 15.21± acres of land
located at 1300 West International Speedway Boulevard, from Shopping Center (BR-2),
to Planned Commercial Development (PCD), to construct two additional buildings
which, added to the existing shopping center will total 150,487 square feet with
associated parking. The request includes demolition of the existing McDonald’s
restaurant and construction of a new one elsewhere on the property; and to authorize the
City to enter into a PCD Agreement, establishing development standards for the PCD.
Applicant: Kimley-Horn and Associates, on behalf of Gator Daytona Partners, LTD.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 11-to-0 w/conditions.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 21.
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Item 8C - Rezoning – Planned Commercial Development Amendment – Interstate Commerce Gun
Range (pp. 482-504)
Ordinance on first reading – approving a request to rezone 61.04± acres of land
located at 800 North Tomoka Farms Road, amending the approved Interstate Commerce
Park Planned Commercial Development (PCD), modifying maximum letter height for
signage and to permit the use “gun range” for the purpose of constructing an indoor gun
range with associated parking; and authorizing the Mayor to execute the Amendment to
the PCD. Applicant: Parker Mynchenberg, PE, on behalf of Jeff Robbins,
representative for Indigo Development, 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, August 21.
Item 8C
Rezoning – Planned Commercial Development Amendment – Interstate Commerce GunRange (pp. 482-504)
Ordinance on first reading – approving a request to rezone 61.04± acres of land
located at 800 North Tomoka Farms Road, amending the approved Interstate Commerce
Park Planned Commercial Development (PCD), modifying maximum letter height for
signage and to permit the use “gun range” for the purpose of constructing an indoor gun
range with associated parking; and authorizing the Mayor to execute the Amendment to
the PCD. Applicant: Parker Mynchenberg, PE, on behalf of Jeff Robbins,
representative for Indigo Development, 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, August 21.
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Item 8D - Rezoning - Planned Commercial Development - Sunoco at Silver Beach (pp. 505-644)
Ordinance on first reading – approving a request to rezone 1.08± acres of land located
at 1204 S. Atlantic Avenue, from T-3 (tourist, office, retail), T-4 (tourist, office, retail,
auto service), and RP (Residential Professional) to PCD (Planned Commercial
Development), to redevelop the Sunoco service station as a new Sunoco APlus convenience store with gas pumps and light vehicular service; and authorize the City to
enter into a Planned Development Agreement with the applicant. Applicant: Cobb
Cole, Attorneys at Law, on behalf of Sunoco, Inc.
Reed Berger, Redevelopment Director, to report.
Recommendation: Main Street-South Atlantic Redevelopment Area Board
recommends approval 7-to-2.
Planning Board recommends approval 10-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 21.
Item 8D
Rezoning - Planned Commercial Development - Sunoco at Silver Beach (pp. 505-644)Ordinance on first reading – approving a request to rezone 1.08± acres of land located
at 1204 S. Atlantic Avenue, from T-3 (tourist, office, retail), T-4 (tourist, office, retail,
auto service), and RP (Residential Professional) to PCD (Planned Commercial
Development), to redevelop the Sunoco service station as a new Sunoco APlus convenience store with gas pumps and light vehicular service; and authorize the City to
enter into a Planned Development Agreement with the applicant. Applicant: Cobb
Cole, Attorneys at Law, on behalf of Sunoco, Inc.
Reed Berger, Redevelopment Director, to report.
Recommendation: Main Street-South Atlantic Redevelopment Area Board
recommends approval 7-to-2.
Planning Board recommends approval 10-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 21.
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Item 8E - Rezoning – Planned Master Development – Embry-Riddle Aeronautical University (pp.
645-722)
Ordinance on first reading – approving a request to rezone 173± acres of land located
at 600 South Clyde Morris Boulevard from Local Service Industry (M1), Light
Manufacturing (M2), and Residential Professional (RP) to Planned Master Development
(PMD); and to authorize the City to enter into a PMD Agreement, establishing
development standards for the PMD. Applicant: Robert A. Merrell, III, Esq., and
Duncan Ross, on behalf of Chris Hardesty, representative for Embry-Riddle
Aeronautical University (ERAU), Inc.
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, August 21.
Item 8E
Rezoning – Planned Master Development – Embry-Riddle Aeronautical University (pp.645-722)
Ordinance on first reading – approving a request to rezone 173± acres of land located
at 600 South Clyde Morris Boulevard from Local Service Industry (M1), Light
Manufacturing (M2), and Residential Professional (RP) to Planned Master Development
(PMD); and to authorize the City to enter into a PMD Agreement, establishing
development standards for the PMD. Applicant: Robert A. Merrell, III, Esq., and
Duncan Ross, on behalf of Chris Hardesty, representative for Embry-Riddle
Aeronautical University (ERAU), Inc.
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, August 21.
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Item 8F - Land Development Code (LDC) Text Amendment - Remove City Commission Super
Majority Voting Requirements (pp. 723-733)
Ordinance on first reading - amending the Land Development Code (LDC), Article 3
(Decision-Making Bodies and Procedures), Section 1.3 (City Commission; Voting), to
remove City Commission super majority voting requirements. Applicant: The City of
Daytona Beach’s Development and Administrative Services Department.
Richard Walton, Planning Director to report.
Recommendation: Planning Board recommends approval 9-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 21.
Item 8F
Land Development Code (LDC) Text Amendment - Remove City Commission SuperMajority Voting Requirements (pp. 723-733)
Ordinance on first reading - amending the Land Development Code (LDC), Article 3
(Decision-Making Bodies and Procedures), Section 1.3 (City Commission; Voting), to
remove City Commission super majority voting requirements. Applicant: The City of
Daytona Beach’s Development and Administrative Services Department.
Richard Walton, Planning Director to report.
Recommendation: Planning Board recommends approval 9-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 21.
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Item 8G - Beautification/Tree Advisory Board - Appointment (pp. 734-738)
Resolution appointing one (1) member to the Beautification/Tree Advisory Board for
Zone 5. Edith Hodges has resigned with a membership term expiration date of
12/31/13. The board consist of seven (7) members, one from each Commission zone and
one member at large who serve three (3) year staggered terms, commencing January 1
and shall end December 31. Must be a qualified elector of the City and reside within the
zone from which appointed.
We have received one application from Naeemah Perry.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
Item 8G
Beautification/Tree Advisory Board - Appointment (pp. 734-738)Resolution appointing one (1) member to the Beautification/Tree Advisory Board for
Zone 5. Edith Hodges has resigned with a membership term expiration date of
12/31/13. The board consist of seven (7) members, one from each Commission zone and
one member at large who serve three (3) year staggered terms, commencing January 1
and shall end December 31. Must be a qualified elector of the City and reside within the
zone from which appointed.
We have received one application from Naeemah Perry.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
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Item 8H - Daytona Beach Racing & Recreational Facilities District- Appointment (pp. 739-743)
Resolution appointing one (1) member to the Daytona Beach Racing & Recreational
Facilities District. The board shall consist of five (5) members, serving four (4) year
terms. Must be a qualified elector of the District. This is a City appointment.
We have received one application from James 'Bud' Ritchey. Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
Item 8H
Daytona Beach Racing & Recreational Facilities District- Appointment (pp. 739-743)Resolution appointing one (1) member to the Daytona Beach Racing & Recreational
Facilities District. The board shall consist of five (5) members, serving four (4) year
terms. Must be a qualified elector of the District. This is a City appointment.
We have received one application from James 'Bud' Ritchey. Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
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Item 8I - Historic Preservation Board - Appointments (pp. 744-752)
Resolution appointing two (2) members to the Historic Preservation Board. The
membership terms of Matthew Romanik and Warren Trager have expired and both
individuals would like to continue to serve. The board shall consist of nine (9) members
appointed by the City Commission for three (3) year terms. Two (2) members shall be
nominated by the Mayor, and one member shall be nominated by each City
Commissioner. The majority of members shall be residents of the City. One of the
subject appointments is a recommendation by the Mayor and the other is by zone 1
Commissioner.
We have applications from Mr. Romanik and Mr. Trager. We have one additional
application from Mr. James Zacharias.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
Item 8I
Historic Preservation Board - Appointments (pp. 744-752)Resolution appointing two (2) members to the Historic Preservation Board. The
membership terms of Matthew Romanik and Warren Trager have expired and both
individuals would like to continue to serve. The board shall consist of nine (9) members
appointed by the City Commission for three (3) year terms. Two (2) members shall be
nominated by the Mayor, and one member shall be nominated by each City
Commissioner. The majority of members shall be residents of the City. One of the
subject appointments is a recommendation by the Mayor and the other is by zone 1
Commissioner.
We have applications from Mr. Romanik and Mr. Trager. We have one additional
application from Mr. James Zacharias.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
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Item 9 - CITIZENS.
Item 9
CITIZENS.
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Items 10 & 11 - 10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.
Items 10 & 11
10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITYMANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.
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