Items 1-5

1. Roll Call.

2. Invocation.

3. Pledge of Allegiance to the Flag.

4. Approval of Minutes.

4A. Approval of Minutes

5. Agenda Approval.

Item 6A

BEAUTIFICATION AWARDS - August 2011 (pp. 12-14)

Residential Award:

Ms. Alice Cook, 160 Big Ben Drive, Commissioner Patrick Henry, Zone 5, to present.

Commercial Award:

Volusia Square, 2455 International Speedway Boulevard, Mayor Glenn Ritchey to present.

Item 7

Public Comment BY PEOPLE ADDRESSSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA.

Item 8

Consent Agenda

Items 8A-8M

Item 9A

Residency Requirements Repeal (pp. 233-236)

Ordinance on second reading - PUBLIC HEARING - repealing Ordinance No. 04-27, which required the City Manager and Department Directors to establish residency in the city limits within 12 months from the date of appointment; providing that the City Commission may establish a new policy to appropriately address concerns.

James V. Chisholm, City Manager, to report.

Recommendation: City Manager recommends adoption of Ordinance.

Action: Motion to adopt the Ordinance.

Items 9B & 9C

9B. City Code Amendment – Chapter 2, Article IV (pp. 237-241)

Ordinance on second reading - PUBLIC HEARING - amending Chapter 2, Article IV, City Code, relating to City Staff organizational structure in order to provide for flexibility in reorganization to meet the needs of City government.

James V. Chisholm, City Manager, to report.

Recommendation: City Manager recommends adoption of the Ordinance.

Action: Motion to adopt the Ordinance.


9C. Daytona Beach Kennel Club - Planned Commercial Development - Rezoning (pp. 242-278)

Ordinance on second reading - PUBLIC HEARING - approving the second amendment to the Daytona Beach Kennel Club, Planned Commercial Development (PCD), located at 960 South Williamson Boulevard, to allow for an electronic message center sign. Applicant: Robert A. Merrell, III, Esq., of Cobb Cole, on behalf of Daytona Beach Kennel Club, Inc.(successor to North Delaware Land Acquisition company, Inc.)

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends denial 4-to-5.
Requires a Super Majority vote of the City Commission for approval.

Action: Motion to adopt the Ordinance.

Item 9D

Stipulated Settlement Agreement - Department of Community Affairs (DCA) (pp. 279-287)

Resolution - PUBLIC HEARING - approving a Stipulated Settlement Agreement between The City of Daytona Beach and Florida Department of Community Affairs (DCA) relating to an administrative action initiated by DCA regarding the City's adoption of Ordinance No. 09-150 at the June 3, 2009 City Commission Meeting. Ordinance No. 09-150 amended City's Comprehensive Plan to incorporate the Water Supply Work Plan and add amendments that protect and manage regional water resources for future generations.

On August 14, 2009, pursuant to Section 163.3184(10), Florida Statutes, and Rule 9J-11.012(6) Florida Administrative Code, DCA issued a Statement of Intent to find the Comprehensive Plan Amendments Not in Compliance.

Staff and DCA representatives have worked together to resolve all outstanding issues and as a result have agreed to the terms and conditions in the attached Stipulated Settlement Agreement. Applicant: Development and Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.

Action: Motion to adopt the Resolution.

Items 10A-10C

A. Announcement - Public Comment Period for Edward Byrne Memorial Justice Local Assistance (JAG) Program (pp. 288-292)

As part of the requirement of the U.S. Department of Justice Edward Byrne Memorial Justice Local Assistance Grant Program there is a 30 day public comment governing body review period July 20, 2011 through August 20, 2011. No additional action is required by the City Commission.


B. Architectural Design Standards - Land Development Code (LDC) - Text Amendment (pp. 293-352)

Ordinance on first reading - amending the Land Development Code (LDC), Article 10, Tourist Districts, and Article 18, Appearance Standards, to improve existing architectural design standards and to insert new architectural design requirements to increase the design regulations' effectiveness. Applicant: Development and Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 8-to-0 w/recommendations.

Action: Motion to pass the Ordinance on first reading.

Note: If passed, Public Hearing, September 7.


C. Morteza Hosseini-Kargar - Planned Commercial Development (PCD) - Development Agreement - Extension (pp. 353-356)

Ordinance on first reading - approving a five-year (5) extension to the Morteza Hosseini-Kargar Planned Commercial Development Agreement (PCD) approved by Ordinance No. 96-303, at the July 17, 1996 City Commission Meeting. Section XII (Completion Schedule), of the original PCD authorized the City Commission with good cause, to approve an amendment extending the completion schedule. Ordinance No. 04-63 approved the first amendment to the PCD extending the completion schedule for Phases three (3) and four (4).

Richard Walton, Planning Director, to report.

Recommendation: Deputy City Manager/Administrative Services
recommends passing the Ordinance on first reading.

Action: Motion to pass the Ordinance on first reading.

Note: If passed, Public Hearing, September 7.

Items 11 & 12

11. Comments and inquiries from the City Commission and City Manager.

12. Adjournment.