October 17, 2012 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
Approval of the minutes of the October 3, 2012 Regular City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
Item 4
Approval of MinutesApproval of the minutes of the October 3, 2012 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: 7A - 7I
Consent Agenda
Items: 7A - 7I
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Item 6 - BEAUTIFICATION AWARDS - OCTOBER 2012 (pp.13-15)
Residential Award: Ronald and Delores Gibson, 112 Dianna Drive, Commissioner Edith Shelley, Zone 1, to present. Commercial Award: Andrew L. Ala Jr. - Apartments, 127 South Peninsula Drive, Mayor Glenn Ritchey to present
Item 6
BEAUTIFICATION AWARDS - OCTOBER 2012 (pp.13-15)Residential Award: Ronald and Delores Gibson, 112 Dianna Drive, Commissioner Edith Shelley, Zone 1, to present. Commercial Award: Andrew L. Ala Jr. - Apartments, 127 South Peninsula Drive, Mayor Glenn Ritchey to present
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Item 8A - Restaurants with Drive-up Window - Land Development Code (LDC) - Text Amendment (pp. 214-247) Ordinance on second 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 adopt the Ordinance.
Item 8A
Restaurants with Drive-up Window - Land Development Code (LDC) - Text Amendment (pp. 214-247) Ordinance on second 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 andAdministrative 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 adopt the Ordinance.
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Item 8B - Large Scale Comprehensive Plan Amendment – Daytona Commercial Amusement
(pp. 248-316) Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
Item 8B
Large Scale Comprehensive Plan Amendment – Daytona Commercial Amusement(pp. 248-316) Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
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Item 8C - Rezoning – Planned Master Development (PMD) Amendment – Daytona Mixed Use (pp. 317- 460) Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
Item 8C
Rezoning – Planned Master Development (PMD) Amendment – Daytona Mixed Use (pp. 317- 460) Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
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Item 8D - Daytona International Speedway - Planned Master Development (PMD) - Rezoning Ordinance on second reading – PUBLIC HEARING - 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 adopt the Ordinance.
Item 8D
Daytona International Speedway - Planned Master Development (PMD) - Rezoning Ordinance on second reading – PUBLIC HEARING - approving a request to rezone 483± acres of land located at 1801 West International Speedway Boulevard, fromMajor 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 adopt the Ordinance.
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Item 8E - Comprehensive Sign Plan Modification - Daytona International Speedway (pp. 566-
601) Resolution – PUBLIC HEARING - approving a modification to the approved Comprehensive Sign Plan (CSP) for the Daytona International Speedway (DIS), located at 1801 West International Speedway Boulevard. The proposed modification will allow for additional signage and increased square footage based on an updated
master plan for the Speedway property. Applicant: Robert A. Merrell, III, Esquire,
Cobb Cole, on behalf of Scott Bullock, Daytona International Speedway (DIS), LLC. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 11-to-0. Action: Motion to adopt Resolution.
Item 8E
Comprehensive Sign Plan Modification - Daytona International Speedway (pp. 566-601) Resolution – PUBLIC HEARING - approving a modification to the approved Comprehensive Sign Plan (CSP) for the Daytona International Speedway (DIS), located at 1801 West International Speedway Boulevard. The proposed modification will allow for additional signage and increased square footage based on an updated
master plan for the Speedway property. Applicant: Robert A. Merrell, III, Esquire,
Cobb Cole, on behalf of Scott Bullock, Daytona International Speedway (DIS), LLC. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 11-to-0. Action: Motion to adopt Resolution.
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Item 8F - 400 Beach Street Acquisition, LLC - 300 North Beach Street - DEV2011-099 - Rezoning (pp. 602-640) Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
Item 8F
400 Beach Street Acquisition, LLC - 300 North Beach Street - DEV2011-099 - Rezoning (pp. 602-640) Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
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Item 8G - 400 Beach Street Acquisition, LLC- 113 Mullally Street - DEV2011-010 - Rezoning
(pp. 641-663) Ordinance on second reading - PUBLIC HEARING - 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-
Item 8G
400 Beach Street Acquisition, LLC- 113 Mullally Street - DEV2011-010 - Rezoning(pp. 641-663) Ordinance on second reading - PUBLIC HEARING - 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-
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Item 8H - Rezoning – Overlook, Residential Planned Unit Development (RPUD) Amendment (pp. 664-763) Ordinance on second reading – PUBLIC HEARING - 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 adopt the Ordinance.
Item 8H
Rezoning – Overlook, Residential Planned Unit Development (RPUD) Amendment (pp. 664-763) Ordinance on second reading – PUBLIC HEARING - 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 adopt the Ordinance.
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Item 9A - Rezoning – Planned Commercial Development – Restaurant District at Volusia Mall
(pp. 764-929) Ordinance on first reading – approving a request to rezone 4.6± acres of land located at 1794 West International Speedway Boulevard (ISB), generally located on the northeast corner of West International Speedway Boulevard and Bill France Boulevard
from T-4 (Tourist) and BR2 (Shopping Center) to PCD (Planned Commercial Development), establishing the Restaurant District at Volusia Mall. Applicant: Robert A. Merrell, III, Esq., on behalf of Consolidated Inns of Daytona Beach, Inc./Volusia Mall LLC. 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, November 7.
Item 9A
Rezoning – Planned Commercial Development – Restaurant District at Volusia Mall(pp. 764-929) Ordinance on first reading – approving a request to rezone 4.6± acres of land located at 1794 West International Speedway Boulevard (ISB), generally located on the northeast corner of West International Speedway Boulevard and Bill France Boulevard
from T-4 (Tourist) and BR2 (Shopping Center) to PCD (Planned Commercial Development), establishing the Restaurant District at Volusia Mall. Applicant: Robert A. Merrell, III, Esq., on behalf of Consolidated Inns of Daytona Beach, Inc./Volusia Mall LLC. 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, November 7.
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Item 9B - Mid-Town Cultural and Educational Center, Yvonne Scarlett-Golden Cultural and Educational Center, and Manatee Island - Proposed Rates - City Code of Ordinance - Chapter 82 Amendment (pp. 930-933) Ordinance on first reading - amending City Code of Ordinances - Chapter 82 to
include the proposed rates for the Mid-Town Cultural and Educational Center, Yvonne
Scarlett-Golden Cultural and Educational Center, and Manatee Island. Rates for these
specific locations are not listed in Section 82 of the Code of Ordinance due to new construction and renovations. Percy Williamson, Leisure Services Director, to report.
Recommendation: Leisure Services Director recommends adoption of the Resolution. Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, November 7.
Item 9B
Mid-Town Cultural and Educational Center, Yvonne Scarlett-Golden Cultural and Educational Center, and Manatee Island - Proposed Rates - City Code of Ordinance - Chapter 82 Amendment (pp. 930-933) Ordinance on first reading - amending City Code of Ordinances - Chapter 82 toinclude the proposed rates for the Mid-Town Cultural and Educational Center, Yvonne
Scarlett-Golden Cultural and Educational Center, and Manatee Island. Rates for these
specific locations are not listed in Section 82 of the Code of Ordinance due to new construction and renovations. Percy Williamson, Leisure Services Director, to report.
Recommendation: Leisure Services Director recommends adoption of the Resolution. Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, November 7.
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Item 9C - Code of Ordinances Amendment - Part II, Chapter 86, Art. II, Public Property Generally, Sec. 86-33(b) (pp. 934-940) Ordinance on first reading - amending Section 86-33(b) City Code to allow the City Manager to authorize 24 hour parking for specific City facilities. Currently the City Code prohibits motor vehicles from parking in City parks, recreational, sports, and
leisure facilities whenever the park is closed. Management Policy No. 71, Public Parks
& Facilities Activities & Operational Guideline, is the City Manager's policy governing operation of parks. Paul McKitrick, Deputy City Manager/Administrative Services, 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, November 7.
Item 9C
Code of Ordinances Amendment - Part II, Chapter 86, Art. II, Public Property Generally, Sec. 86-33(b) (pp. 934-940) Ordinance on first reading - amending Section 86-33(b) City Code to allow the City Manager to authorize 24 hour parking for specific City facilities. Currently the City Code prohibits motor vehicles from parking in City parks, recreational, sports, andleisure facilities whenever the park is closed. Management Policy No. 71, Public Parks
& Facilities Activities & Operational Guideline, is the City Manager's policy governing operation of parks. Paul McKitrick, Deputy City Manager/Administrative Services, 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, November 7.
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Item 9D - Ordinance Creating a new Article in City Code entitled "Sale or Display of Herbal Incense and Bath Salts" (pp. 941-948) Ordinance on first reading - creating a new Article in City Code entitled "Sale or Display of Herbal Incense and Bath Salts"; Prohibiting the sale, display or distribution of herbal incense and bath salt products; providing definitions; providing penalties; providing severability, codifications, conflicts and an effective date.
Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends passing the Ordinance on first reading. Action: Motion to pass the Ordinance on first reading.
Item 9D
Ordinance Creating a new Article in City Code entitled "Sale or Display of Herbal Incense and Bath Salts" (pp. 941-948) Ordinance on first reading - creating a new Article in City Code entitled "Sale or Display of Herbal Incense and Bath Salts"; Prohibiting the sale, display or distribution of herbal incense and bath salt products; providing definitions; providing penalties; providing severability, codifications, conflicts and an effective date.Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends passing the Ordinance on first reading. Action: Motion to pass the Ordinance on first reading.
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Item 9E - City Property - Disposal/Sale (pp. 949-987)
Resolution approving the disposal/sale of some of the City's surplus real property previously authorized by the City Commission. Those properties being presented are as
follows: Number 20 - 45' to 50' strip along the right of way of Fairview Avenue from Segrave
Street to possibly 100' short of Ridgewood Avenue - $4,300 Number 45 - School Street/Henry Butts Drive - $750 The City staff contacted all of the abutting property owners for the small lots that could not be used for building a structure. J. Paul Wetzel, Support Services Director, to report. Recommendation: Support Services Director recommends adoption of the
Resolution. Action: Motion to adopt the Resolution.
Item 9E
City Property - Disposal/Sale (pp. 949-987)Resolution approving the disposal/sale of some of the City's surplus real property previously authorized by the City Commission. Those properties being presented are as
follows: Number 20 - 45' to 50' strip along the right of way of Fairview Avenue from Segrave
Street to possibly 100' short of Ridgewood Avenue - $4,300 Number 45 - School Street/Henry Butts Drive - $750 The City staff contacted all of the abutting property owners for the small lots that could not be used for building a structure. 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 9F - 2012-2013 State and Federal Legislative Priorities (pp. 988-992) Resolution adopting the Commission's list of state and federal legislative priorities for 2012-2013. Based on concerns expressed by City Commissioners and issues discussed during city budget planning sessions, a list of proposed state and federal legislative priorities for 2012-2013 has been developed for review and approval by the City
Commission. Hardy Smith, Government Relations Administrator, to report. Recommendation: Government Relations Administrator recommends adoption of the Resolution. Action: Motion to adopt the Resolution.
Item 9F
2012-2013 State and Federal Legislative Priorities (pp. 988-992) Resolution adopting the Commission's list of state and federal legislative priorities for 2012-2013. Based on concerns expressed by City Commissioners and issues discussed during city budget planning sessions, a list of proposed state and federal legislative priorities for 2012-2013 has been developed for review and approval by the CityCommission. Hardy Smith, Government Relations Administrator, to report. Recommendation: Government Relations Administrator recommends adoption of the Resolution. Action: Motion to adopt the Resolution.
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Citizens Comments - PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
Citizens 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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