City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be CITY COUNCIL MEETING AGENDA November 12, 2013 7:00 p.m., Community Center, 3048 S. Atlantic Ave. Daytona Beach Shores, FL 32118 Upon being recognized, a member of the public shall proceed to the podium and give his or her name and address and may, thereafter, speak for a maximum of three minutes on any matter relevant to a specific agenda item. During Audience Comments, a member of the public may speak on any matter relevant to City business which is not on the agenda, for a maximum of three minutes in accordance with Section 2-1.1(d) and 2-2 of the City Code. In accordance with Section 2-2, during periods set aside for public discussion any person desiring to speak shall secure a form located at the agenda table, complete the form and present it to the City Clerk so the speaker can be recognized by the presiding officer. The use of profanity, obscene language, threats or any violent or abusive conduct by any person shall constitute a violation of this section. It shall be the duty of the Director of Public Safety, upon the order of the presiding officer at any such meeting, to forcibly, if necessary, evict any person violating the provisions of this section from the Council Meeting Hall. Any such violation shall subject the offender, upon conviction thereof, to a fine and/or imprisonment as prescribed by Section 1-8. CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: ROLL CALL: 1. PRESENTATIONS AND PUBLIC NOTICES: Employee Service Awards 2. APPROVAL OF THE MINUTES: October 22, 2013, City Council Meeting 3. CONSENT AGENDA: Re-appoint Pat Carpenter to Planning & Zoning Board END CONSENT AGENDA 4. REPORTS OF THE CITY ATTORNEY: 5. REPORTS OF THE CITY MANAGER: OLD BUSINESS: 6. Ordinance 2013-12 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING APPENDIX G, CHAPTER 2 ENTITLED DEFINITIONS; AMENDING CHAPTER 14 ENTITLED ZONING REGULATIONS; BY AMENDING SECTION 14-58 ENTITLED SPECIAL EXCEPTIONS AND CONDITIONAL USES TO PERMIT MOVING EQUIPMENT RENTALS AS A SPECIAL EXCEPTION IN THE GC-RD GENERAL COMMERICIAL-REDEVELOPMENT DISTRICT; PROVIDING FOR ENFORCEMENT AND City Council 11/12/13 Page 1 of 3 PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing. 7. Ordinance 2013-13 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA ENACTING A STATUTORY DEVELOPMENT AGREEMENT RELATING TO THE PROPERTY OWNED BY PUBLIX SUPER MARKETS INC. AND GENERALLY LOCATED AT 3044 SOUTH ATLANTIC AVENUE IN ACCORDANCE WITH THE PROVISIONS OF THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT AS SET FORTH AT SECTIONS 163.3220 - 163.3243, FLORIDA STATUTES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR NON-CODIFICATION AND IMPLEMENTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing. 8. Ordinance 2013-11 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING VARIOUS PROVISIONS OF THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE, APPENDIX G, CHAPTER 8, ENTITLED MANDATORY EXTERIOR COLOR STANDARDS, TO PROVIDE FOR THE CONTINUATON OF COLORS ON CERTAIN USES AND TO REGULATE EXTERIOR COLORS ON DEVELOPED PROPERTIES AND PROPERTIES THAT WILL BE DEVELOPED; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing. 9. Ordinance 2013-14 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ASSIGNING THE P PUBLIC/QUASI PUBLIC DISTRICT ZONING CLASSIFICATION TO THAT NORTHEAST PORTION OF PROPERTY GENERALLY LOCATED AT 1906 S. ATLANTIC AVENUE (SHORT TAX PARCEL ID 5316-06-00-0010); PROVIDING MODIFICATION OF THE OFFICIAL ZONING MAP; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR NON-CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing. NEW BUSINESS: 10. Ordinance 2013-15 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA RELATING TO SEWER SERVICE, AMENDING THE MUNICIPAL CODE OF ORDINANCES, APPENDIX G, LAND DEVELOPMENT CODE, SECTION 12-4.36 DEVELOPMENT FEE (IMPACT FEE.), PARAGRAPH 3.a., THEREBY IMPOSING A SEWER COLLECTION SERVICE DEVELOPMENT FEE: $644.00; AND A SEWER TREATMENT SERVICE DEVELOPMENT FEE: $956.00; A TOTAL IMPACT FEE $1,600.00; PROVIDIING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. First Reading. 11. Resolution 2013-19 A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA RELATING TO COMMUNITY REDEVELOPMENT AND CLARIFYING THE INTENT OF THE CITY WITH REGARD TO PROVIDING PARKING PURSUANT TO THE ORIGINAL COMMUNITY REDEVELOPMENT AREA (CRA) AGREEMENT WITH VOLUSIA COUNTY UPON TERMINATION OF SAID AGREEMENT; PROVIDING FOR IMPLEMENTING City Council 11/12/13 Page 2 of 3 ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.. First Reading. 12. PUBLIC HEARING SITE PLAN FOR PUBLIX 3044 S. ATLANTIC AVENUE 13. APPROVAL TO SELL PROPERTY AT 1906 S. ATLANTIC AVENUE 14. CONSIDERATION TO CANCEL MEETINGS ON NOV 26 AND DEC 24 15. COUNCIL COMMENTS: 16. AUDIENCE REMARKS: 17. ITEMS FOR THE NEXT AGENDA: 18. ADJOURNMENT: Notice is hereby given to all interested parties that if a person should decide to appeal any decision made at the aforementioned meeting of the City Council, such person will need a recording of the proceedings conducted at such meeting, and for such purpose he or she may need to ensure that a verbatim record of the proceedings was made; such record to include testimony and evidence upon which any appeal shall be based. Please be advised that all City Council Meetings are recorded. Note: Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations for this public meeting should contact the Office of the City Clerk at 2990 S. Atlantic Avenue, Daytona Beach Shores, FL 32118, or telephone 386-763-5364 at least seven working days prior to the meeting. City Council 11/12/13 Page 3 of 3 PRESENTATIONS AND PUBLIC NOTICES: Employee Service Awards Stacie Daraio 15 years Travis Cook 5 years MINUTES CITY COUNCIL MEETING October 22, 2013 3048 S. Atlantic Ave. Daytona Beach Shores, FL 32118 Present: Mayor Harry Jennings, Vice-Mayor Peggy Rice, Council Member Billie Wheeler, Council Member Jennie Celona and Council Member Henry Fehrmann. Staff: City Manager Michael Booker, City Clerk Cheri Schwab, City Attorney Lonnie Groot, Community Services Director Fred Hiatt, Finance Director Steve Whitmer, City Planner Stewart Cruz, and Public Safety Director Stephan Dembinsky. PRESENTATIONS AND PUBLIC NOTICES: None. 1. 2. APPROVAL OF THE MINUTES: September 24, 2013, City Council Meeting CMBR FEHRMANN moved, seconded by CMBR WHEELER to approve the minutes of September 24, 2013. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. 3. CONSENT AGENDA: Monthly Departmental Reports Approval to spend $1,375 from contraband for software program Approval to appoint Marianne Bachstein as alternate to Planning & Zoning Approval to appoint Ken Crooks to Recreation Board END CONSENT AGENDA CMBR CELONA moved, seconded by CMBR WHEELER to approve the consent agenda. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. 4. REPORTS OF THE CITY ATTORNEY: The City Attorney reported that the City of Port Orange is objecting to the conditions the council put into the agreement. They would like to meet face to face to discuss the dispute. Both he and the City Manager felt that enough public funds have been spent trying to negotiate. He has drawn up a resolution which makes the same monetary offer from the mediation session but removed the condition that the money be spent on rehabilitation to the water lines. Attorney Groot read the resolution by title for the record. CMBR RICE moved, seconded by CMBR FEHRMANN to approve Resolution 2013-18 on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. City Council 10/22/13 Page 1 of 5 5. REPORTS OF THE CITY MANAGER: Rob Wallace asked the council for permission to hold a triathlon on November 10th. The Daytona Beach Police Department is sponsoring the event with all proceeds going back into the community. The council supported the event. The City Manager reported that the new Hyatt Place was open for business. He recently met with Kevin Purucker regarding the caf. Progress is being made and it should be open sometime in November. OLD BUSINESS: None. NEW BUSINESS: 6. Ordinance 2013-12 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING APPENDIX G, CHAPTER 2 ENTITLED DEFINITIONS; AMENDING CHAPTER 14 ENTITLED ZONING REGULATIONS; BY AMENDING SECTION 14-58 ENTITLED SPECIAL EXCEPTIONS AND CONDITIONAL USES TO PERMIT MOVING EQUIPMENT RENTALS AS A SPECIAL EXCEPTION IN THE GC-RD GENERAL COMMERICIAL-REDEVELOPMENT DISTRICT; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading. CMBR WHEELER moved, seconded by CMBR FEHRMANN to approve Ordinance 2013-12 on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. 7. Ordinance 2013-13 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING APPENDIX G, CHAPTER 2 ENTITLED DEFINITIONS; AMENDING CHAPTER 14 ENTITLED ZONING REGULATIONS; BY AMENDING SECTION 14-58 ENTITLED SPECIAL EXCEPTIONS AND CONDITIONAL USES TO PERMIT MOVING EQUIPMENT RENTALS AS A SPECIAL EXCEPTION IN THE GC-RD GENERAL COMMERICIAL-REDEVELOPMENT DISTRICT; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.First Reading. CMBR RICE moved, seconded by CMBR CELONA to approve Ordinance 2013-13 on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. 8. Ordinance 2013-11 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING VARIOUS PROVISIONS OF THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE, APPENDIX G, CHAPTER 8, ENTITLED MANDATORY EXTERIOR COLOR STANDARDS, TO PROVIDE FOR THE CONTINUATON OF COLORS ON CERTAIN USES AND TO REGULATE EXTERIOR COLORS ON DEVELOPED City Council 10/22/13 Page 2 of 5 PROPERTIES AND PROPERTIES THAT WILL BE DEVELOPED; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading. Mayor Jennings suggested that the motions be separated for discussion to provide clarity. Council Members held a lengthy discussion on the issues. Action D-1. These were minor textual amendments as presented by staff. CMBR CELONA moved, seconded by CMBR WHEELER to approve Action D-1 the textual amendments as presented. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. Action D-2. This option would allow the ability to grandfather colors on older buildings. CMBR RICE moved, seconded by CMBR WHEELER to approve Action D-2 Option 1 to allow grandfathering of hotel/motel/multifamily buildings. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. Action 3. Option 2 had 5 choices. CMBR WHEELER expressed concern regarding the 4th color down on the paint chip. She felt some colors would turn too dark especially when it came to purples and peach. MAYOR JENNINGS advised that he did not like to see Council expending a great deal of time approving colors. CMBR RICE mentioned since Council had just approved the use of original colors on older buildings, perhaps there would not be a need to modify the color palette. CMBR FEHRMANN expressed his opinion that the colors in the city were currently rather dull; darker colors would give the building pizazz and provide more contrast. CMBR RICE did not want to hand pick the colors, either drop down to the third row or leave as is. CMBR CELONA felt that the addition of a row of colors would not be fair to individuals and businesses who had to comply in the past by either repainting or selecting a color on the palette. CMBR WHEELER stated that the same color palette would be used, but the addition of a color down would provide a little variation and add dimension. CMBR RICE said that perhaps the base color could be increased by one level, but the trim color should be left alone and she was in favor of Option A. CMBR WHEELER moved, seconded by CMBR FEHRMANN to approve Action D-2 option 2-A to expand the base colors to include the third row of colors on the palette. Vote: Motion passed (summary: Yes = 4, No = 1). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Jennie Celona. Page 3 of 5 The final discussion was to consider whether the appeals process should stay in the code or not. CMBR WHEELER AND CMBR RICE advised they would like to keep the appeals process in the Ordinance. CMBR WHEELER moved, seconded by CMBR FEHRMANN to approve Action D-2 option 3- B to allow the appeal process to stay in place. Vote: Motion passed (summary: Yes = 4, No = 1). City Council 10/22/13 Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Jennie Celona. CMBR WHEELER moved, seconded by CMBR FEHRMANN to approve Ordinance 2013-11 with selections previously approved on first reading. Vote: Motion passed (summary: Yes = 4, No = 1). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Jennie Celona. 9. Ordinance 2013-14 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ASSIGNING THE P PUBLIC/QUASI PUBLIC DISTRICT ZONING CLASSIFICATION TO THAT NORTHEAST PORTION OF PROPERTY GENERALLY LOCATED AT 1906 S. ATLANTIC AVENUE (SHORT TAX PARCEL ID 5316-06-00-0010); PROVIDING MODIFICATION OF THE OFFICIAL ZONING MAP; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR NON-CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. First Reading. CMBR WHEELER moved, seconded by CMBR FEHRMANN to approve Ordinance 2013-14 on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. 10. Resolution 2013-17 A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA URGING MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE LEGISLATION THAT WOULD MANDATE THE USE OF A UNIFORM CHART OF ACCOUNTS FOR ALL GOVERMENTAL ENTITIES TO REPORT FINACIAL INFORMATION. Public Hearing. CMBR RICE moved, seconded by CMBR WHEELER to adopt Resolution 2013-17 on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. CONFERENCE IN SEATTLE WASHINGTON City Council 10/22/13 Page 4 of 5 11. APPROVAL TO ALLOW THE CITY MANAGER TO EXERCISE THE OPTION TO INCUR DEBT OF UP TO $5 MILLION IN THE SEWER FUND FOR CAPITAL IMPROVEMENTS This project is the proposed sewer line that would go to the City of Daytona Beach. They are a partner in the project. It was explained that hopefully the state could provide some of the funding that would not have to be paid back. CMBR RICE moved, seconded by CMBR CELONA to allow the City Manager to incur debt of up to $5 million in the sewer fund for capital improvements. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. 12. APPOINTMENT OF VOTING DELEGATE FOR NATIONAL LEAGUE OF CITIES CMBR FEHRMANN nominated Vice Mayor Rice as voting delegate. The nomination was seconded by CMBR CELONA. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. CMBR RICE nominated Councilmember Celona as the alternate. The nomination was seconded by CMBR WHEELER. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Billie Wheeler, CouncilMember Henry Fehrmann, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. 13. COUNCIL COMMENTS: CMBR RICE recently attended a FLC Urban Task Force meeting. The topics were summer homes and rental restrictions. CMBR WHEELER attended a meeting on transportation issues. The topic was FDOT placing cameras to read license tags on mast arms. It is not an invasion of privacy and has had success with amber alerts. CMBR CELONA congratulated Senior Center Coordinator, Roni Jackson, who was reappointed as President for the Leisure and Aging Network. She also congratulated the Culture & Entertainment Board for a successful Octoberfest event. She reminded the audience that a free concert was scheduled for Friday in the pavilion. CMBR FEHRMANN reported that he would be attending the Advanced Elected Officials conference next week. MAYOR JENNINGS reported that the newest pickleball courts were under way. Plans are ready for restrooms and storage. 14. AUDIENCE REMARKS: John Ersland spoke regarding the vacant lots with fences in disrepair. He still feels that the fences are covering up valuable property and a view of the ocean. It was explained that staff has been looking into this issue. When a property has just been demolished and is mostly sand, the fence is needed as a buffer. Once the lot has been seeded and grass or vegetation is growing, perhaps the fence can be removed. 15. ITEMS FOR THE NEXT AGENDA: None. 16. ADJOURNMENT: There being no further business to be considered, the meeting adjourned at approximately 7:58 pm. ______________________________ MAYOR HARRY H. JENNINGS ATTEST: ______________________________ CITY CLERK, CHERI SCHWAB __________________________ CITY MANAGER MICHAEL T. BOOKER City Council 10/22/13 Page 5 of 5 Reports of the City Attorney Reports of the City Manager ORDINANCE 2013-12 14 CHAPTER ENTITLED AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING APPENDIX G, CHAPTER 2 ENTITLED DEFINITIONS; AMENDING ZONING REGULATIONS; BY AMENDING SECTION 14-58 ENTITLED SPECIAL EXCEPTIONS AND CONDITIONAL USES TO PERMIT MOVING EQUIPMENT RENTALS AS A SPECIAL EXCEPTION IN THE GC-RD GENERAL COMMERICIAL- REDEVELOPMENT FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of Daytona Beach Shores to exercise any power for municipal purposes except as otherwise provided by law; and PROVIDING DISTRICT; WHEREAS, Section 163.3202, Florida Statutes, provides that the City of Daytona Beach Shores shall adopt and enforce land development regulations for the purpose of implementing its comprehensive plan and protecting the public health, safety, and general welfare; and communities; and WHEREAS, moving equipment rentals provide an important service to local WHEREAS, moving equipment rental facilities, if developed in accordance with sound planning, land use and architectural principles, may contribute to the economic and aesthetic wellbeing of a community; and WHEREAS, moving equipment rental facilities are currently not permitted in the WHEREAS, the City Council of the City of Daytona Beach Shores finds it is in City of Daytona Beach Shores; and the best interest and welfare of the citizens of the City to enact this ordinance; and WHEREAS, the City of Daytona Beach Shores has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and WHEREAS, this Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City Daytona Beach Shores; and Ord. 2013-12 Page 1 of 6 WHEREAS, for purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA THAT: SECTION ONE: Section 2-2, Land Development Code, Chapter 2, Appendix G, Code of Ordinances of the City of Daytona Beach Shores, entitled General Definitions, is amended to read as follows: Section 2-2. General Definitions. *** Moving Equipment Rental: The rental of moving trucks, trailers, and subordinate equipment and goods customarily associated with the moving of household goods. *** SECTION TWO: Section 14-58, Land Development Code, Chapter 14, Appendix G, Code of Ordinances of the City of Daytona Beach Shores, entitled Special Exceptions and Conditional Uses, is amended to read as follows: Sec. 14-58. Special Exceptions and Conditional Uses Sec. 14-58.1. Special exceptions *** Sec. 14-58.1.2. Special exceptions permitted in all districts. *** D. The following uses are permitted as special exceptions in the GC-RD zoning districts as follows: *** 3. Moving Equipment Rentals. In order to provide adequate moving equipment rental facility options to the community while maintaining community values and safety, a moving equipment rental facility as defined in Section 2-2 of this Code, shall be allowed in the GC-RD zoning district only upon a development order being approved granting a special exception subject to the following as well as all other provisions of this Code relating thereto: Ord. 2013-12 Page 2 of 6 a. Property Dimension and Size frontage along SR. A1A. b. Property Location 1. The property shall have a minimum of one hundred and forty (140) feet of 2. The minimum area of property shall be twenty thousand (20,000) square feet. 1. The proposed site for a moving equipment rental facility shall front an arterial roadway as designated in the Daytona Beach Shores Comprehensive Plan. 2. A moving equipment rental facility shall not be located within two thousand five hundred (2,500) feet of another moving equipment rental facility, measured from the nearest point of subject property lines in a straight line. This separation requirement applies regardless of what land use or jurisdiction an interior storage facility is located. 3. A moving equipment rental facility shall be located in the GC-RD General Commercial-Redevelopment District. c. Hours of Operation: A moving equipment rental facility shall be limited to the hours of operation between 6:00 a.m. and 9:00 p.m. unless otherwise provided in the development order approving the special exception. d. Regardless of any other provision of this Code, it is prohibited and unlawful for a moving equipment rental facility to have any outdoor storage and maintenance of any kind. Notwithstanding the aforementioned, moving equipment rental vehicles and trailers are permitted outside the building as prescribed in this Ordinance. e. It is prohibited and unlawful for a moving equipment rental facility to have any docking, staging, delivery, pick-p or drop-off facilities visible from any public right-of- way. f. It is prohibited and unlawful for a moving equipment rental facility to have on the property any vehicle or trailer not associated with the established onsite moving equipment rental business. g. All newly constructed moving equipment rental facilities shall conform to the following: 1. Minimum green area shall be ten (10%) percent of lot size. 2. Landscaping and buffering shall be provided in accordance with the requirements of this Code. 3. The principal structure shall be fully treated consistent with a uniformed theme or architectural style approved by the City Council, based upon sound and generally accepted land use planning and land use practices and principles, when elevation is visible from public right-of-way or residential district. The burden of proof shall be on the applicant to meet this requirement. 4. Accessory structures including, but not limited to, fences, walls, and dumpster enclosures shall be consistent with the approved architectural treatment and style Ord. 2013-12 Page 3 of 6 of the principal building so as to create a uniform architectural style and appearance as determined by the City Council, based upon sound and generally accepted land use planning practices and principles. The burden of proof shall be on the applicant to meet this requirement. 1. Neon lighting on buildings and structures is prohibited and unlawful. 2. All lighting shall conform to the Volusia County Sea Turtle Lighting Standards and it is prohibited and unlawful for failure to meet said Standards. 3. It is prohibited and unlawful to project glare or direct lighting into the right-of- way or into any residential district. i. New construction type 1. Prefabricated or metal walls on buildings shall not be used. h Lighting j. Signage 1. Signage on or through the windows of the principal building shall be limited to twenty-five percent (25%) of the total window area. k. Accessory Use Areas and Parking 1. All vehicle and equipment pick-up and drop-off areas shall be identified in the application and located on the site plan to be approved by the City. 2. Accessory uses, including vehicle and equipment pick-up and drop-off, shall be conducted entirely indoors or in the rear of the property completely out of public view from adjacent rights-of-way. 3. All moving rental equipment and vehicles shall be parked in the rear of the property completely out of public view from adjacent rights-of-way. 4. All moving rental equipment and vehicle pick up, drop off and parking areas shall be screened with an opaque solid fence or hedge that is at least six-feet (6) in height. 5. If needed to meet the requirements of Subsections k.2, k.3 and k.5 above, the Building Official is hereby authorized to provide an administrative variance to the provisions of Sec. 14-44 of the Citys Land Development Code entitled, Fences, Walls and Hedges. 6. Off-street parking shall be consistent with Section 14-48. 7. Rental equipment and vehicles shall not be parked, standing or placed in required off-street parking areas. m. Operations: 1. It is prohibited and unlawful to use or store within moving equipment rental facilities any hazardous materials including, but not limited to, chemicals, flammables, gases. 2. Both the property owner and the owner/tenant of the moving equipment rental facility business shall be responsible to ensure that the facility operates and complies at all times with the terms of this Ordinance. Ord. 2013-12 Page 4 of 6 n. The special exception may be approved for a limited period of time and such condition of use shall be incorporated into the development order relating to the approval. o. Pursuant to the authority of Section 2-2 of this Code, due public notice shall be provided by the applicant. SECTION THREE: ENFORCEMENT AND PENALTIES. (a). It is prohibited and unlawful for any person to fail to comply with the requirements of this Ordinance. (b). The City may enforce the provisions of this Ordinance by any lawful means available to the City under the controlling provisions of State law. (c). The penalties for violation of this Ordinance shall be as set forth in the code enforcement method asserted by the City under the Code of Ordinances of the City of Daytona Beach Shores, Florida or as may be available under the controlling provisions of State law. SECTION FOUR: SAVINGS. The prior actions of the City of Daytona Beach Shores relating to the regulation of moving equipment rental facilities and related matters are hereby ratified and affirmed. SECTION FIVE: CODIFICATION. The provisions of this Ordinance, including its recitals, shall become and be made a part of the Code of Ordinances of the City of Daytona Beach Shores, Florida and the Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word; provided, however, that Sections Three, Four, Five, Six, Seven and Eight shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. SECTION SIX: CONFLICTS. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION SEVEN: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Ord. 2013-12 Page 5 of 6 SECTION EIGHT: EFFECTIVE DATE. This Ordinance immediately upon enactment. shall take effect CITY OF DAYTONA BEACH SHORES, FLORIDA ____________________________________ HARRY JENNINGS, MAYOR ________________________________________ ______________________________ CHERI SCHWAB, CITY CLERK MICHAEL T. BOOKER, CITY MANAGER Approved as to form and legality: _________________________________________ LONNIE GROOT, CITY ATTORNEY Passed on first reading this ______ day of ________, 2013. Adopted on second reading this _______ day of _______, 2013. Ord. 2013-12 Page 6 of 6 STAFF REPORT FOR THE CITY COUNCIL OCTOBER 22, 2013 ORDINANCE NO: IMPACTED AREA: APPLICANT: CONTACT: REQUEST: Ord. 2013-12: Moving Equipment Rentals GC-RD General Commercial Redevelopment District & Citywide (indirectly) City of Daytona Beach Shores Stewart Cruz, City Planner: Tel. (386) 763-5361 Approval of Ordinance 2013-12, which would amend sections 2-2 and 14-58 of the Citys Land Development Code, entitled General Definition and Special Exceptions and Conditional Uses, respectively, to permit moving equipment rental businesses in the GC-RD zoning District by means of a special exception. RECOMMENDATION: Approval A. BACKGROUND Currently, the Citys commercial zoning district regulations do not list moving equipment rentals as a principal permitted use; therefore, moving equipment rentals are prohibited pursuant to Sec. 14-10 of the Citys Land Development Code (LDC). Moving equipment rentals include the rentals of truck, trailers and other ancillary equipment and supplies associated with the moving of domestic/household goods. In July of 2013 at the request of a prospective business owner, John Karalis, staff began work on amending the Citys Land Development Code to permit the rental of moving equipment within the GC-RD General Commercial Redevelopment District. Mr. Karalis family owns the plaza at 2410 S. Atlantic Avenue. The prospective business would be located within the plaza at 2412 S. Atlantic Avenue. The business owner has the interest and support of a national truck moving company. Considering that there are currently no beachside moving equipment rental businesses on beachside and considering the communitywide need and benefit for such a business, staff has drafted Ordinance 2013-12 for the Citys consideration. B. The proposed regulations contained in Ordinance 2013-12 (attached) are consistent the Citys adopted Comprehensive Plan Update (2020). Among other things, the proposed ordinance would accomplish the following: PROPOSED ORDINANCE Staff Report to the City Council Ord. 2013-12: SPEX-Moving Equipment Rentals in GC-RD District Page 1 of 2 October 22, 2013 1. Define moving rental equipment as rental of moving trucks, trailers, and subordinate equipment and goods customarily associated with the moving of household goods. 2. Providing specific requirements are met, permit as a special exception in the GC-RD District: (a) moving rental equipment businesses. 3. Create review criteria and regulations governing the establishment and operation of moving rental equipment facilities in the GC-RD District. PLANNING AND ZONING BOARD If approved, the ordinance would not permit outdoor displays and storage as said uses are currently prohibited. The proposed ordinance would also restrict equipment pick-up and drop-off to indoors areas or in the rear of the property completely out of public view from adjacent rights-of-way. C. On October 8, 2013 the Daytona Beach Shores Planning and Zoning Board unanimously recommended approval of the proposed Ordinance. D. Staff recommends approval of Ordinance 2013-12 as presented. RECOMMENDATION Staff Report to the City Council Ord. 2013-12: SPEX-Moving Equipment Rentals in GC-RD District Page 2 of 2 October 22, 2013 ORDINANCE 2013-13 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA ENACTING A STATUTORY DEVELOPMENT AGREEMENT RELATING TO THE PROPERTY OWNED BY PUBLIX SUPER MARKETS INC. AND GENERALLY LOCATED AT 3044 SOUTH ATLANTIC AVENUE IN ACCORDANCE WITH THE PROVISIONS OF THE DEVELOPMENT AGREEMENT ACT AS SET FORTH AT SECTIONS 163.3220 - 163.3243, FLORIDA STATUTES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR NON-CODIFICATION AND IMPLEMENTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. LOCAL GOVERNMENT FLORIDA WHEREAS, upon application by Publix Super Markets, Inc., the City of Daytona Beach Shores has considered and processed and the City Council of the City of Daytona Beach Shores has approved an enacted a Development Agreement, as set forth in the Exhibit to this Ordinance (which Exhibit is incorporated herein by this reference thereto as if fully set forth herein verbatim), pursuant to the Florida Local Government Development Agreement Act as set forth at Sections 163.3220 through 163.3243, Florida Statutes; and procedures of Florida law in processing and advertising this Ordinance; and WHEREAS, the City of Daytona Beach Shores has complied with all requirements and WHEREAS, this Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City Daytona Beach Shores. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA THAT: SECTION ONE: FINDINGS. The findings of the Development Agreement between the City of Daytona Beach Shores and Publix Super Markets, Inc. as set forth in the Exhibit to this Ordinance are hereby ratified and affirmed. SECTION TWO: AGREEMENT. The Development Agreement between the City of Daytona Beach Shores and Publix Super Markets, Inc. as set forth in the Exhibit to this Ordinance is hereby approved and enacted. SECTION THREE: SAVINGS. The prior actions of the City of Daytona Beach Shores relating to the regulation of lands and development activities within the City including, but not limited to, APPROVAL AND ENACTMENT OF DEVELOPMENT Ord. 2013-13 Page 1 of 2 The provisions of this Ordinance shall not be made a part of the Code of Ordinances of the property which is the subject of the Development Agreement between the City of Daytona Beach Shores and Publix Super Markets, Inc. as set forth in the Exhibit to this Ordinance are hereby ratified and affirmed. SECTION FOUR: NON-CODIFICATION AND IMPLEMENTATION. (a). the City of Daytona Beach Shores, Florida. (b). implement the provisions of this Ordinance. SECTION FIVE: CONFLICTS. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. The City Manager is hereby authorized to take any and all actions necessary to SECTION SIX: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall take effect immediately upon enactment. CITY OF DAYTONA BEACH SHORES, FLORIDA ____________________________________ HARRY JENNINGS, MAYOR ________________________________________ ______________________________ MICHAEL T. BOOKER, CITY MANAGER CHERI SCHWAB, CITY CLERK Approved as to form and legality: _________________________________________ LONNIE GROOT, CITY ATTORNEY Passed on first reading this ______ day of ________, 2013 Adopted on second reading this _______ day of _______, 2013 Ord. 2013-13 Page 2 of 2 Draft 10-14-13 This Instrument Prepared By: Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert, & Whigham, P.A. 1001 Heathrow Park Lane, Suite 4001 Lake Mary, Florida 32746 Return To: Ms. Cheri Schwab City Clerk 2990 South Atlantic Avenue Daytona Beach Shores, Florida 32118 PUBLIX SUPER MARKETS INC./CITY OF DAYTONA BEACH SHORES DEVELOPMENT AGREEMENT PERTAINING TO RE-DEVELOPMENT OF 3044 SOUTH ATLANTIC AVENUE PROPERTY THIS DEVELOPMENT AGREEMENT is made and entered into on the Effective Date described below, between PUBLIX SUPER MARKETS, INC., a Florida corporation, registered and authorized to conduct business in the State of Florida, whose address is 3300 Publix Corporate Parkway, Lakeland, Florida 33811-3311, the legal and equitable owner, hereinafter referred to as the PROPERTY OWNER, and the City of Daytona Beach Shores, Florida, a municipal corporation of the State of Florida, holding tax exempt status, whose mailing address is 2990 South Atlantic Avenue, Daytona Beach Shores, Florida 32118, hereinafter referred to as CITY. W I T N E S S E T H: WHEREAS, the PROPERTY OWNER is the owner of real property located at 3044 South Atlantic Avenue in Daytona Beach Shores as more particularly described in Exhibit A (referred to from time to time as the premises in this Development Agreement and which is the subject of the site plan and architectural drawing referenced herein); and WHEREAS, the PROPERTY OWNER and the CITY have a great interest in developing and re-developing an active and vibrant commercial grocery store center on the premises which is a longstanding site of a grocery store owned and operated by the PROPERTY OWNER, specifically, and to benefit economy and well-being of the CITY as a general matter; and WHEREAS, the CITY desires to provide economic and other benefits to the citizens of the City in order that they may enjoy a high quality of life with convenient services; and WHEREAS, Section 163.3202, Florida Statutes, provides that the CITY shall adopt and enforce land development regulations for the purpose of implementing its comprehensive plan and protecting the public health, safety, and general welfare; and WHEREAS, pursuant to the Florida Local Government Development Agreement Act as set forth at Sections 163.3220 through 163.3243, Florida Statutes, local governments are authorized to adopt, by ordinance, procedures and requirements whereby a local government may consider and enter into a development agreement with any person having a legal or Page 1 of 13 equitable interest in real property located within the local governments jurisdiction and the CITY enacted Ordinance 2013-10 to implement the provisions of the referenced statutory provisions; and WHEREAS, the lack of certainty in the approval of development can result in a waste of economic and land resources; discourage sound capital improvement planning and financing; escalate the cost of housing and development; and discourage commitment to comprehensive planning and the CITY and the PROPERTY OWNER desire to engage in sound and long range planning with regard to the premises in a manner that protects the investment backed expectations and rights of the PROPERTY OWNER while providing for an array of benefits to the citizens of the CITY; and WHEREAS, development agreements entered into pursuant to the Florida Local Government Development Agreement Act, strengthen the public planning process, encourage sound capital improvement, planning and financing; assist in assuring that there are adequate capital facilities to support development; encourage private participation in comprehensive planning; and reduce the economic cost of a development by providing assurances to a developer that, upon receipt of a development permit, the developer may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement; and WHEREAS, development agreements are contracts negotiated between project proponents and public agencies that govern the land uses that may be allowed in a particular project and, although subject to negotiation, allowable land uses must be consistent with the local planning policies formulated by the legislative body (the CITYs City Council) through its general plan, and consistent with any applicable specific plan; and WHEREAS, neither the PROPERTY OWNER nor the CITY, as the local government with land use regulatory authority over lands located within the CITY, is required to enter into a development agreement and, when entered, the allowable land uses and other terms and conditions of approval are negotiated between the parties, subject to the CITYs ultimate approval, but while a development agreement must advance the CITYs local planning policies, it may also contain provisions that vary from otherwise applicable zoning standards and land use requirements; and WHEREAS, development agreements are, essentially, a planning tool that allows public agencies greater latitude to advance local planning policies, sometimes in new and creative ways and, as such, development agreements may be viewed as an alternative to the traditional development approval process which, in practice, it is commonly used in conjunction with; and WHEREAS, the City Council of the CITY finds it is in the best interest and welfare of the citizens of the CITY to approve this Development Agreement with the terms and conditions set forth herein; and WHEREAS, the City Council of the CITY has determined that the terms and conditions of this Development Agreement are in the best interests of the public health, safety and welfare of the citizens of the CITY and provide for specific public benefits; and Page 2 of 13 WHEREAS, the City Council of the CITY hereby finds and concludes that the provisions of this Development Agreement are consistent with the CITYs Comprehensive Plan and will result in the provision of enhanced economic development within the City and is consistent with the general purpose and intent of the land development regulations of the CITY and no amendments are required to the CITYs Comprehensive Plan or land development regulations in order to approve the development set forth in this Development Agreement; and WHEREAS, the CITY has complied with all requirements and procedures of Florida law in processing and advertising this Development Agreement; and WHEREAS, this Development Agreement is consistent with the goals, objectives and policies of the Comprehensive Plan of the City Daytona Beach Shores. NOW, THEREFORE, in consideration of the foregoing, and the premises and the promises, covenants and agreements herein contained, and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties the PROPERTY OWNER and CITY agree as follows: SECTION 1. RECITALS/FINDINGS. (a) The recitals, set forth above, are true and correct and form a material part of this Development Agreement upon which the parties have relied. (b) The findings, set forth above, are, and constitute, the administrative and quasi- judicial findings of the City Council of the CITY and form a material part of this Development Agreement upon which the parties have relied. SECTION 2. PREMISES. (a) The PROPERTY OWNER hereby designates, and the CITY hereby accepts, the following described tract of real property as the legal description for the premises for the purposes of this Development Agreement: See attached Exhibit A to this Development Agreement. (b) The legal entity having legal or equitable ownership of the premises is the PROPERTY OWNER. SECTION 3. DEVELOPMENT. SITE PLAN/ARCHITECTURAL DRAWING FOR (a) The attached site plan for development of the premises (Exhibit B) is hereby approved by the terms and conditions of this Development Agreement. (b) The attached architectural drawing for development of the premises (Exhibit C) is hereby approved by the terms and conditions of this Development Agreement. Page 3 of 13 SECTION 4. PREMISES. TERMS AND CONDITIONS RELATIVE TO THE (a) In addition to all other covenants, obligations, duties and responsibilities set forth herein, the PROPERTY OWNER is approved for the following development on the premises: (1) The development uses, including setbacks, population densities, building intensities and building heights, as set forth on the site plan approved in Section 3(a) of this Development Agreement. (2) The development uses, including setbacks, population densities, building intensities and building heights, as set forth on the site plan approved in Section 3 of this Development Agreement comply with criteria for development approved in this Development Agreement and the applicable provisions cited in the land development regulations of the CITY applicable to the development project on the premises. (3) The public facilities that will service the development of the premises shall continue as the premises are currently served although sewer service from the City of Daytona Beach may be provided in lieu of the services being provided by the City of Port Orange as determined by the CITY. All necessary public facilities shall be available concurrent with the impacts of the development. (4) The public purposes and benefits that are derived and provided by the development of the premises as set forth in this Development Agreement include the following: (A) The PROPERTY OWNER shall provide a non-exclusive easement for the area around the bus bench located on the premises as set forth in the site plan, provided however, said easement shall provide that the CITY (i) is required to maintain and repair the bus bench and easement area, (ii) to the extent and limits authorized by controlling law such as Section 768.28, Florida Statutes, defend, indemnify and hold PROPERTY OWNER harmless for any loss, damage or liability for actions which occur in said easement area and which resulted in actions taken by the CITY or actions not taken by the CITY as the case may be, (iii) other terms reasonably requested by PROPERTY OWNER that are consistent with controlling law and relative to which the CITY has the right of reasonable refusal. (B) The PROPERTY OWNER shall provide the covered/screened loading dock as set forth in the site plan. (C) The PROPERTY OWNER shall provide direct pedestrian access to the store and structures located on the premises from State Road A1A through the parking lot as set forth in the site plan. (D) The PROPERTY OWNER shall provide and maintain additional landscaping as set forth in the site plan. (E) The PROPERTY OWNER shall provide and maintain enhanced architectural building, an architectural wall along Oceans West Boulevard and building wall signage designs as set forth in the site and architectural drawing (Exhibit C). Page 4 of 13 (F) The PROPERTY OWNER shall provide four picnic benches/tables for public use in the adjacent McElroy Park at the Citys discretion and upon reasonable approval by PROPERTY OWNER. The PROPERTY OWNER shall transfer ownership of the picnic tables/benches to the CITY by absolute bill of sale. (5) Impact fees and other funding requirements for the project on the premises are as established by controlling law and shall be met in the normative course and processes of development. (6) All development permits normatively needed to be approved for the development of the premises shall be subject to the review and approval processes during the course of the development of the premises; provided, however, that, it is noted that no Comprehensive Plan amendments or changes in land use designations or changes in zoning classifications/districts assigned to property are necessitated by the development approved for the premises nor any required submissions to or approvals from Volusia County; the State of Florida, Departments of Economic Opportunity, Environmental Protection, Transportation, or such other department or agency of the State as may be applicable; the United States Army Corps of Engineers; the St. Johns River Water Management District; the United States Environmental Protection Agency or any other federal departments or agencies with competent jurisdiction over any aspect of the approved development, but such requirements are not precluded by this Development Agreement. (7) The following deviations that have been granted by the CITY with regard to the provisions of the CITYs land development regulations: (A) Section 14-46.5 of the CITYs Land Development Code, entitled Landscape Design Standards, to allow the construction of parking rows without the required interior landscape island. (B) Relief from Section 14-46.5 of the CITYs Land Development Code, entitled Landscape Design Standards, to allow the construction of parking rows without the required terminal landscape island. (C) Relief from Section 14-46.5 of the CITYs Land Development Code, entitled Landscape Design Standards, to allow the development of a nonresidential lot with fewer trees on site than required. (D) Relief from Section 14-46.5 of the CITYs Land Development Code, entitled Landscape Design Standards, to allow the construction of vehicular use areas without the required perimeter landscape strip, ten feet (10) in width, abutting rights-of-way. (E) Relief from Section 14-46.5 of the CITYs Land Development Code, entitled Landscape Design Standards, to allow the construction of vehicular use areas without the required perimeter landscape strip, five feet (5) in width, abutting the interior lot line of an adjacent property. Page 5 of 13 (F) Relief from Section 14-48.5 of the CITYs Land Development Code, entitled Dimensional Requirements for Off-Street Parking, to allow the construction of vehicular parking without the required maneuver depth of fifteen feet (15). (G) Relief from Section 14-44.1 of the CITYs Land Development Code, entitled Fences, walls and hedges, to allow the construction of a solid wall within the front yard setback along Oceans West Boulevard. (H) Relief from the CITYs Mandatory Exterior Color Standards (in accordance with the architectural drawing for the premises attached as Exhibit C). (I) Usage of CITY right-of-way, under permit, for additional driveway area along Oceans West Boulevard. (b) The failure of this Development Agreement to address a particular permit, condition, term or restriction shall not relieve the PROPERTY OWNER of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. (c) The CITY recognizes that the PROPERTY OWNER owns and holds vested rights in the premises which is the subject of this Development Agreement which include the operation of a retail grocery store and pharmacy said use having been in place on the premises for a lengthy period of time and the CITY hereby recognizes and affirms said vested rights and the investment backed expectations of the PROPERTY OWNER with regard to the premises. SECTION 5. REASONABLE APPROVAL. In those instances in this Development Agreement in which a partys approval, consent or satisfaction is required, then it shall be implied that such action shall be exercised in a reasonable manner and within a reasonable time frame. SECTION 6. REMEDIES. Each party shall have any and all remedies as permitted by law; provided, however, that the parties agree to provide for positive dialogue and communications if disputes or disagreements arise as to the interpretation or implementation of this Development Agreement. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence of the lawful performance of the duties and obligations contained in this Development Agreement. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Development Agreement. SECTION 8. HEADINGS/CAPTIONS. All sections and descriptive headings in this Development Agreement are inserted for convenience only, and shall not affect the construction or interpretation hereof. Page 6 of 13 SECTION 9. FORCE MAJEURE. No party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, terrorism, hurricane, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. SECTION 10. THE LAND. DEVELOPMENT AGREEMENT BINDING; RUNS WITH (a) This Development Agreement shall be binding upon and inure to the benefit and burden of the successors in interest, transferees and assigns of the parties. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Development Agreement, and that it has the legal authority to enter into this Development Agreement and to undertake all obligations imposed on it. The signatories hereof represent that they have the requisite and legal authority to execute this Development Agreement and bind the respective parties herein. (b) This Development Agreement touches and concerns the premises and shall run with the land and shall be binding upon and inure to the benefit and burden of the parties hereto and their respective successors and assigns. SECTION 11. EXHIBITS. All exhibits to this Development Agreement are hereby incorporated into this Development Agreement by this reference thereto. SECTION 12. PUBLIC RECORDS. The PROPERTY OWNER shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and other controlling law and which have been made by PROPERTY OWNER and delivered to the CITY in conjunction with this Development Agreement and shall adhere to the controlling provisions of State law relating to public records. SECTION 13. EQUAL OPPORTUNITY. The PROPERTY OWNER agrees that it will not discriminate against any employee or applicant for employment for work relating to the services provided under this Development Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demoting Page 7 of 13 or transfer; recruitment advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. SECTION 14. CONFLICT OF INTEREST. The PROPERTY OWNER agrees that it will not commit any act that would cause or create a conflict of interest as defined by Chapter 112, Florida Statutes, to exist or occur in the performance of its obligations pursuant to this Development Agreement with the CITY. SECTION 15. COMPLIANCE WITH LAWS AND REGULATIONS. In performing pursuant to this Development Agreement, the PROPERTY OWNER shall abide by all statutes, ordinances, rules, and regulations pertaining to, regulating the acts contemplated to be performed herein, including those now in effect and hereafter adopted. This provision shall include, but not be limited to, the provisions of the CITYs land development regulations and the codes and ordinances of the CITY. Any violation of said statutes, ordinances, rules or regulations which continues after notice and an opportunity to cure shall constitute a material breach of this Development Agreement. SECTION 16. NOTICES. (a) Whenever either party desires to give notice unto the other, notice may be sent to: For the CITY: Mr. Mike Booker City Manager City of Daytona Beach Shores 2990 South Atlantic Avenue Daytona Beach Shores, Florida 32771 For the PROPERTY OWNER: Publix Super Markets, Inc. 3300 Publix Corporate Parkway Lakeland, Florida 33811-3311 Attention: Vice President, Real Estate (b) Either party may change the address for notification by providing notice of such change to the other party. SECTION 17. INTERPRETATION/APPLICABLE LAW/VENUE. The laws of the State of Florida shall govern this Development Agreement. Any legal action necessary arising out of the Development Agreement will have its venue in Volusia County and the Development Agreement will be interpreted according to the laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy given hereunder or now or hereafter existing at law or in equity or Page 8 of 13 by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other further exercise thereof. Waiver of a default shall not be deemed a waiver of any subsequent defaults. The specific provisions of this Development Agreement shall prevail over the generality of the foregoing. In any action or proceeding required to enforce or interpret the terms of this Development Agreement, venue shall be in the Seventh Judicial Circuit Court in and for Volusia County, Florida. SECTION 18. CONSTRUCTION OR INTERPRETATION OF THE DEVELOPMENT AGREEMENT. This Development Agreement is the result of bona fide arms length negotiations between the parties and all parties have contributed substantially and materially to the preparation of the Development Agreement. Accordingly, this Development Agreement shall not be construed or interpreted more strictly against any one (1) party than against any other party both parties having participated in the drafting of this Development Agreement. Whenever a decision is provided for herein which is to be made by the CITY or PROPERTY OWNER, such decision must be in writing in order to be binding upon the CITY or PROPERTY OWNER. SECTION 19. ENTIRE DEVELOPMENT AGREEMENT/MODIFICATION. (a) This Development Agreement constitutes the complete, integrated and entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, arrangements, contracts or understandings, whether oral or written, between the parties relating thereto, all of which have been integrated herein. This Development Agreement may not be amended, changed, or modified and material provisions hereunder may not be waived, except by a written document, of equal dignity herewith and signed by all parties to this Development Agreement. (b) If the City Council of the CITY finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Development Agreement, this Development Agreement may be revoked or modified by the City Council upon affording the PROPERTY OWNER administrative due process rights in accordance with controlling law. (c) This Development Agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest; provided, however, that a substantial modification of this Development Agreement shall, in the Citys sole discretion, require approval by the City Council in accordance with the procedures set forth in Ordinance 2013-10. (d) If State or Federal laws are enacted after the execution of this Development Agreement, which are applicable to and preclude the parties compliance with the terms of this Development Agreement, this Development Agreement shall be modified or revoked as is necessary to comply with the relevant State or Federal laws. SECTION 20. THIRD PARTY BENEFICIARIES/TRANSFERABILITY. (a) The CITY shall not be liable to any person, firm or corporation who contracts with or provides goods or services to the PROPERTY OWNER in connection with services Page 9 of 13 provided by the PROPERTY OWNER to the CITY; and there is no contractual relationship, either expressed or implied, between the CITY and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the PROPERTY OWNER as a result of its services to the CITY hereunder. This Development Agreement is solely for the benefit of the formal parties to this Development Agreement, and no right or cause of action shall accrue by reason hereof to or for the benefit of any other third party not a formal party hereto. Nothing in this Development Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Development Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, successors and assigns as set forth herein. (b) This Development Agreement is transferable. However, so long as the land or structure or any portion thereof covered under this Development Agreement continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person(s) or entity(ies) who obtained this Development Agreement) may make use of the land except in accordance with the conditions and requirements of this Development Agreement. The provisions of this Development Agreement run with and burden the real property to which it relates until released or amended in accordance with formal action of the CITY or as otherwise set forth herein. SECTION 21. ATTORNEYS FEES AND COSTS. In the event of any action to enforce the terms of this Development Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees, paralegals fees, and costs incurred, whether the same be incurred in an administrative hearing or action, pre-litigation negotiation, litigation at the trial level, or upon appeal. SECTION 22. SEVERABILITY. If any one or more of the covenants or provisions of this Development Agreement shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall, for any reason whatsoever, be held invalid, then such covenants or provisions shall be null and void, shall be deemed separable form the remaining covenants or provisions of this Development Agreement, and shall, in no way, affect the validity of the remaining covenants or provisions of this Development Agreement. SECTION 23. EFFECTIVE DATE/TERMINATION; PERIODIC REVIEW OF DEVELOPMENT AGREEMENT. (a) This Development Agreement shall take effect on the date that this Development Agreement is fully executed by the parties and is recorded in the Official Records (Land Records) of Volusia County, Florida. (b) This Development Agreement shall be in effect for a period of thirty (30) years, but may be extended by mutual consent of the CITY and the PROPERTY OWNER. Any request for an extension shall be subject to the public hearing process necessary for the initial approval of said Development Agreement; provided, however, that the City has concluded that the vested Page 10 of 13 rights of the PROPERTY OWNER and the investment backed expectations of the PROPERTY OWNER warrant a renewal and continuation of the development approved for the premises herein. (c) Pursuant to Section 163.3235, Florida Statutes, prior to the completion of the project and at the issuance of a certificate of completion by the CITY, the CITY shall review this Development Agreement as well as at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement. SECTION 24. COUNTERPARTS. This Development Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. SIGNATURE PAGE FOLLOWS Page 11 of 13 IN WITNESS WHEREOF, the parties have executed this Development Agreement on the date stated below their signature. Attest: Cheri Schwab, City Clerk Michael T. Booker, City Manager Approved as to form and legality: Lonnie Groot, City Attorney CITY OF DAYTONA BEACH SHORES Harry Jennings, Mayor Date: [Signatures continue on next page] Page 12 of 13 Witnesses: Signature of Witness ___________________________________ Printed name of witness Signature of Witness ____________________________________ Printed name of witness PUBLIX SUPER MARKETS, INC., a Florida corporation By: Name: Jeffrey Chamberlain Its: Vice President, Real Estate Date: _____________________ Acknowledgment ) ) State of Florida County of Polk I Hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Jeffrey Chamberlain, Vice President, Real Estate and he acknowledged executing the same in the presence of two subscribing witnesses freely to me or provided _________________________ as identification. are personally known and voluntarily they and Witness my hand and official seal in the County and State last aforesaid this ___ day of ____________, 2013. (Affix Notary Seal) Notary Public; State of Florida Print Name: Page 13 of 13 STAFF REPORT FOR THE CITY COUNCIL OCTOBER 22, 2013 ORDINANCE NO: IMPACTED AREA: OWNWER/APPLICANT STAFF CONTACT: REQUEST: Ord. 2013-13 (Publix Development Agreement) 3044 S. Atlantic Avenue (Short Parcel ID 5327-06-05-0015) PUBLIX SUPER MARKETS INC / CWH Real Estate Services, LLC. William Hanks Stewart Cruz, City Planner Approval of Ordinance 2013-13, which would approve the proposed Publix-Daytona Beach Shores Development Agreement Approval RECOMMENDATION: A. BACKGROUND On June 7, 2013 CWH Real Estate Services, LLC, on behalf of Publix Supermarkets, Incorporated, submitted Regular Site Plan RSP 12013012 a site plan for the demolition and construction of a new modern Publix Supermarket (with a liquor store and indoor/drive-thru pharmacy) at 3044 S. Atlantic Avenue. On July 8, 2013 City Staff provided comments to the applicant indicating several inconsistencies with the Citys Land Development Code (LDC) requirements. The applicant was advised that in order for the project to move forward the inconsistencies would have to be addressed by one of the following means: (1) amending the plan to meet the LDC requirements; (2) seeking relief by applying for variances pursuant to Sec. 14-69.1 of the LDC; or (3) entering into a development agreement with the City Council wherein public benefits would be provided. Subsequent to consulting with staff and the passage of Ordinance 2013-10, the owner/applicant submitted Development Agreement DA12013027 to the City in an effort to address the LDC inconsistences while providing public benefits to the community. Ordinance 2013-13 has been drafted and is being presented to the City Council for consideration. If approved, the Publix site plan would then qualify for City approval and the new Publix development would be permitted. B. AUTHORIZATION OF DEVELOPMENT AGREEMENT The City Council, in its sole and exclusive discretion, may enter into development agreements with the legal and equitable owners of real property within, or properties to be annexed to the City limits of the City of Daytona Beach Shores, as authorized in Sections 163.3220 through 163.3243, Florida Statutes, as it may be amended from time-to-time. Deviations from the provisions of the Citys land development regulations may be granted as part of an approval of a development agreement when the City Council finds that such approval will result in creative planning strategies and the implementation of development approvals that enhance benefits to the public while ensuring that Staff Report to the City Council Ordinance 2013-13 Page 1 of 8 October 22, 2013 private property rights are protected. The City Council may also determine that vested rights have been established as to a parcel of property in the context of approving a development agreement. C. DEVELOPMENT AGREEMENT REVIEW REQUIREMENTS Pursuant to Ordinance 2010-10, Section Four, a development agreement must contain the following requirements found in the table below: ID Development Agreement Requirement 1 2 3 4 5 6 7 8 9 10 Requirement Met Yes Legal Description and Ownership Yes Duration of Agreement (not to exceed thirty years) Yes Development Uses Permitted Yes Documents required to comply with criteria cited in LDC Yes Description of Public Facilities servicing the development; schedule Instrument to secure construction of new public facilities NA A description of any reservation or dedication of land for public purposes. NA Conveyance of land to the City in discharge of the obligation of any NA impact fee or other similar obligation. Description of all development permits approved or needed to be approved for the development of the land, which description shall specifically include, but not be limited to, the following: Any required Comprehensive Plan amendments or changes in land use designations or changes in zoning classifications/districts assigned to property. Notation of any required submissions to or approvals from any agencies with competent jurisdiction over any aspect of the proposed development. (a) Consistency with the City's Comprehensive Plan and the general purpose and intent of the land development regulations of the City. (b) If amendments are required to the Comprehensive Plan or land development regulations, such amendments shall be specifically identified. (a) Yes (b) NA Yes NA Yes 11 A statement indicating compliance with law. 12 A finding that the terms and conditions of the development agreement Yes Yes benefit the public interest. 13 A description of any LDC deviations that have been granted. 14 A description of any vested rights in the property. As seen in the table above, all applicable standards required in the development agreement are included accordingly. D. DEVELOPMENT AGREEMENT NOTICE REQUIREMENTS Yes Yes The development agreement was noticed pursuant to Ordinance 2013-10, Section Six. Staff Report to the City Council Ordinance 2013-13 Page 2 of 8 October 22, 2013 E. REVIEW AND COMMENTS (1) THE SITE PLAN The applicant is proposing to construct a modern 48,893 square feet Publix Supermarket with a liquor store, indoor and drive-thru pharmacy at 3044 S. Atlantic Avenue. The total acreage of the development site is 4.54ac. The site will maintain existing vehicular and pedestrian access from the abutting S. Avenue to the east and Oceans West Boulevard to the north. The cross access vehicular driveway currently shared between Publix and Bank of America will also continue to exist. A new five (5) foot wide pedestrian walkway from S. Atlantic Avenue to the store will traverse the parking lot, allowing pedestrians a direct and safe route to through the parking lot to the store main entryway. Due to the intensity of the proposed development, 182 parking spaces are required; however, the plan identifies 185 parking spaces on the site, eight (8) of which will be handicap accessible. Employee parking will remain south of the building. There will also be four (4) shopping cart storage carrousels in the main parking lot east of the building. The 1,400 square feet liquor store is to be located on the north end of the principal structure while the drive-thru pharmacy is located on the south. The site will be striped and signed appropriately to direct customers to the drive-thru pharmacy. The operational services area will remain on the west side of the building. This area will house the refuse compactor and a covered loading dock. A six (6) foot high decorative wall will be placed adjacent to the western property line. Said wall and existing landscaping are to serve as a visual buffer from street level. The life safety generator and standby generator are to be located on the northwest side of the building. The landscape plan does not meet all the Citys landscape design requirements, which include: Sec. 14-46.5 of the Citys LDC, entitled Landscape Design Standards, to allow the construction of parking rows without the required interior landscape island. Sec. 14-46.5 of the Citys LDC, entitled Landscape Design Standards, to allow the construction of parking rows without the required terminal landscape island. Sec. 14-46.5 of the Citys (LDC, entitled Landscape Design Standards, to allow the development of a nonresidential lot with fewer trees on site than required. Sec. 14-46.5 of the Citys LDC, entitled Landscape Design Standards, to allow the construction of vehicular use areas without the required 10-foot perimeter landscape strip abutting rights-of-way. Sec. 14-46.5 of the Citys LDC, entitled Landscape Design Standards, to allow the construction of vehicular use areas without the required 5-foot perimeter landscape strip abutting the interior lot line of an adjacent property. The applicant has elected to address these issues by means of a development agreement with the City in lieu of applying for variances. (2) ARCHTECTURAL Staff Report to the City Council Ordinance 2013-13 Page 3 of 8 October 22, 2013 The City does not have any architectural standards except for the Town Center District. This project is not located in said district; despite this, Publix is proposing an architectural scheme beyond that of the typical commercial developments in the City. However, the proposed color scheme is inconsistent with the Citys mandatory exterior color standards as the proposed Spicy Hue, Tassel and Baked Clay colors are not located on the Citys Official Color Palette. These deeper colors were selected by the owner/applicant due to their observations that lighter colors in Florida near the marine environment have to be replaced around three (3) years, unlike the deeper colors which tend to last longer. In addition, the proposed accent and trims exceed the permitted limits on the building. The owner/applicant has elected to address these issues by means of a development agreement with the City. (3) VARIANCES No variances were associated with this project. It should be noted if the Owner elected to address the above issues via the variance process, the public benefits noted in Section Four of the Development Agreement and seen in the table below may not have been offered to the community. (4) STAFF AND BOARD REVIEW COMMUNITY SERVICES Fred Hiatt, Director / Building Official The Director has reviewed the site plan and development agreement and his comments have been addressed. PUBLIC WORKS Brian Edwards, Deputy Director / Facilities Superintendent The Facilities Superintendent has reviewed the site plan in the development agreement, including the landscaping and irrigation plan, and his comments have been addressed. PUBLIC SAFETY Terry Griffiths, Commander / Fire Marshal The Commander has reviewed the site plan included in the development agreement and his comments have been addressed. ENGINEERING Jennifer Deal, P.E. - Tetra Tech HAI The Citys Engineering consultant has reviewed the site plan included in the development agreement and her comments have been addressed. COMMUNITY REDEVELOPMENT AREA This project is not located in the Community Redevelopment Area (CRA). BEAUTIFICATION ADVISORY BOARD Staff Report to the City Council Ordinance 2013-13 Page 4 of 8 October 22, 2013 The Citys Beautification Advisory Board is scheduled to review the complete site plan package on October 17, 2013 pursuant to the Citys site plan review procedures. However, the development agreement will not be reviewed by the Board as Statutory Development Agreements pursuant to Ordinance 2013-10 do not require Beautification Advisory Board review. PLANNING AND ZONING BOARD On October 8, 2013 the Citys Planning and Zoning Board unanimously recommended approval of the site plan contained in the development agreement contingent upon approval of the development agreement or some other means of relief from the City regarding the issues identified above. It should be noted the development agreement was not reviewed by the Board as Statutory Development Agreements pursuant to Ordinance 2013-10 do not require Planning and Zoning Board review. (5) PUBLIC PURPOSE/BENEFITS & LAND DEVELOPMENT CODE DEVIATIONS Public Purposes/Benefits Provided by Owner DA Reference No. Sec. Four (4)(A) Non-exclusive bus bench easement Sec. Four (4)(B) Screened/covered loading dock Sec. Four (4)(C) Direct pedestrian access from S. Atlantic Avenue to the store Sec. Four (4)(D) Additional landscaping Sec. Four (4)(E) Enhanced architectural building & wall along Oceans West Blvd. and wall signage Sec. Four (4)(F) Four (4) picnic benches/tables for public use in the adjacent McElroy Park Deviations from the Land Development Code to allow: Construction of parking rows without the required interior landscape island. Construction of parking rows without the required terminal landscape island. Development of a nonresidential lot with fewer trees on site than required. Construction of vehicular use areas without the required perimeter landscape strip, ten feet (10) in width, abutting rights-of-way. Construction of vehicular use areas without the required perimeter landscape strip, five feet (5) in width, abutting the interior lot line of an adjacent property. Construction of vehicular parking without the required maneuver depth of fifteen feet (15). Construction of a solid wall within the front yard setback along Oceans West Boulevard. Relief from the CITYs Mandatory Exterior Color Standards (in accordance with the Sec. Four (7)(A) Sec. Four (7)(B) Sec. Four (7)(C) Sec. Four (7)(D) Sec. Four (7)(E) Sec. Four (7)(F) Sec. Four (7)(G) Sec. Four (7)(H) Staff Report to the City Council Ordinance 2013-13 Page 5 of 8 October 22, 2013 Sec. Four (7)(I) architectural drawing for the premises. Usage of CITY right-of-way, for additional driveway area along Oceans West Boulevard. As seen in the table above, in addition to constructing a modern Publix Supermarket with a pharmacy and liquor store, the Owner, Publix Supermarkets Incorporated will provide six (6) additional public benefits to the City and community of Daytona Beach Shores. These contributions are not required by the Citys LDC and would be provided voluntarily by the Owner as follows: Benefits: 1. DA Reference Sec. Four (4) A: The Owner, at the Citys request, has elected to provide a three (3) feet by 14 feet bus bench easement adjacent to S. Atlantic Avenue, which would allow the City to construct a concrete pad and install a bus bench and trash receptacle on the Publix property adjacent to the existing bus stop. 2. DA Reference Sec. Four (4) B: The Owner, at the Citys request, has elected to provide a covered dock/loading facility in the service/operations area of the site. This addition will assist in reducing some of the impacts associated with noise and visual obtrusiveness from Oceans West Boulevard. 3. DA Reference Sec. Four (4) C: The Owner has elected to provide a direct handicap assessable pedestrian route from S. Atlantic Avenue through the parking lot to the store front. This will increase pedestrian safety, convenience and site functionality. 4. DA Reference Sec. Four (4) D: The Owner has elected to provide additional landscaping (trees) at a greater intensity, where possible, along the eastern and southern perimeters of the property. The Citys LDC requires trees every 30 feet along the perimeter of the property, however, in the aforementioned cases trees are being provided at about every 15 feet. 5. DA Reference Sec. Four (4) E: The Owner has elected to provide an enhanced architectural building with additional features requested by the City. Currently, the City does not have any architectural standards, except for the Town Center area. In addition, at the Citys request, the Owner has elected to provide a six (6) foot high decorative screen wall along most of the western perimeter of the property along Oceans West Boulevard. The decorative wall will assist in reducing some of the impacts associated with noise and visual obtrusiveness from the adjacent Oceans West Boulevard. 6. DA Reference Sec. Four (4) F: Subsequent to discussions initiated by the City regarding a potential caf on site, the Owner has elected to provide four (4) picnic benches/tables for public use in the adjacent McElroy Park. Customers would be able to purchase a snack or meal at the Publix Deli and then walk over to the adjacent McElroy Park where they would be able to utilize the aforementioned picnic benches/tables. According to the site plan, the project will require nine (9) deviations from the Citys Land Development Code. A brief analysis of each is provided below: Deviations: 1. DA Reference Sec. Four (7) A thru E: These deviations are needed due to the size and configuration of the property relative to the development being proposed. These deviations do not adversely impact public, health, safety or welfare. Staff Report to the City Council Ordinance 2013-13 Page 6 of 8 October 22, 2013 2. DA Reference Sec. Four (7) F: This deviation is needed due to the size and configuration of the property relative to the development being proposed. This deviation does not adversely impact public, health, safety or welfare. 3. DA Reference Sec. Four (7)G: This deviation is needed due to the size and configuration of the property relative to the development being proposed; however, this particular deviation will assist public welfare as the Publix operations/service areas from the adjacent public-right-of-way (Oceans West Boulevard). the wall will provide decorative screening of 4. DA Reference Sec. Four (7) H: This deviation is requested by the developer consistent with Publix Supermarket Incorporateds new color scheme for coastal developments. The Owner has observed that deeper colors last longer than lighter colors contained on the Citys Official Color Palette. Due to the associated architecture being provided, it does not appear that this deviation will adversely impact public health, safety or welfare. 5. DA Reference Sec. Four (7) I: This deviation is being requested by the Owner for the purpose of having delivery vehicles access the site from Oceans West Boulevard. Oceans West Boulevard is being identified by the developer as a secondary travel route for delivery vehicles; however, given the existing size and configuration access to the north (adjacent to Oceans West Boulevard) the delivery vehicles would not be able to entire the site. Though the expansion of the northern driveway will eliminate some landscaping along Oceans West Boulevard, it does not appear that this deviation in itself will adversely impact public health, safety or welfare. F. FINDINGS (1) CONSISTENCY WITH THE COMPREHENSIVE PLAN UPDATE 2020 According to the Citys Adopted Comprehensive Plan (2020) Future Land Use Map, the future land use (FLU) classification of the subject property is Retail/Service Commercial. Said FLU classification allows retail/service commercial establishments such as the proposed Publix development. Therefore, the proposed development is consistent with the Citys Adopted Comprehensive Plan (2020) and the designated FLU classification. (2) CONSISTENCY WITH THE LAND DEVELOPMENT CODE The subject property is zoned GC-2 Retail/ Service Commercial District. The proposed Publix Supermarket (including a pharmacy and liquor store) is a retail/service use. Retail/service uses are listed as permitted uses in the GC-2 District as prescribed in the Citys LDC (Sec. 14-23). In addition, proposed development is consistent with the purpose and intent of the Citys LDC (Sec. 1- 3). (3) REQUIRED AMENDMENTS TO THE COMPREHENSIVE PLAN AND/OR LAND DEVELOPMENT CODE There are no required amendments to the Citys adopted Comprehensive Plan and/or the Citys Land Development Code necessary for the project to be approved. Staff Report to the City Council Ordinance 2013-13 Page 7 of 8 October 22, 2013 G. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-13. However, pursuant to Ordinance 2013-10, it should be noted that the City Council may provide for any conditions, terms, restrictions or other requirements determined to be reasonably necessary for the public health, safety or welfare of City residents and property owners. Staff Report to the City Council Ordinance 2013-13 Page 8 of 8 October 22, 2013 ORDINANCE 2013-11 EXTERIOR AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING VARIOUS PROVISIONS OF THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE, APPENDIX G, CHAPTER 8, ENTITLED MANDATORY EXTERIOR COLOR STANDARDS, TO PROVIDE FOR THE CONTINUATON OF COLORS ON CERTAIN USES AND TO REGULATE DEVELOPED PROPERTIES AND PROPERTIES THAT WILL BE DEVELOPED; PROVIDING PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTING FOR SEVERABILITY PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of Daytona Beach Shores to exercise any power for municipal purposes except as otherwise provided by law; and FOR ENFORCEMENT AND COLORS ON ORDINANCES; PROVIDING WHEREAS, Chapter 8, Article II, City of Daytona Beach Shores Land Development Code, entitled Mandatory Exterior Color Standards, regulates the use of color treatments on the exterior of any building or structure within the City of Daytona Beach Shores; and WHEREAS, Section 8-9 of the aforementioned codal provisions establishes the Citys Official Color Palette while Section 8-10 establishes the general criteria for the application of color on the exterior of any building or structure; and WHEREAS, In 2006 the Daytona Beach Shores City Council established the Mandatory Exterior Color Standards with the intent to, among other things, minimize incompatible visual colors which prevent orderly community development that may threaten to reduce community property values; and WHEREAS, the regulation of aesthetics and community image is common and growing throughout the various and diverse communities of the United States; and WHEREAS, the Mandatory Exterior Color Standards have only been amended to provide clarity and definition to the standards; and WHEREAS, In 2010 an ordinance was drafted to allow certain corporations to utilize their brand colors on the exterior of any building or structure, but the ordinance came about as a result of appeal applications made by the local Sunoco and Wells Fargo establishments was not approved by the City Council; and Ord. 2013-11 Page 1 of 12 WHEREAS, the City Council of the City of Daytona Beach Shores has analyzed its actions and the actions of other City boards with regard to the application of the Mandatory Exterior Color Standards upon properties located in the City and the likely future impacts of the application of those Standards; and WHEREAS, the City Council of the City of Daytona Beach Shores desires to ensure that the vesting of rights occurs as may be appropriate in the context of how and whether developed areas of, or types of development within, the City should be treated in the context of new land development regulations that may be enacted by the City; and WHEREAS, the City Council of the City of Daytona Beach Shores desires to ensure that the investment backed expectations of the owners of property within the City and the costs required to maintain property in the required high standards of the City are fairly evaluated and treated in the context of new land development regulations that may be enacted by the City and which may require costly impacts to the developments; and the best interest and welfare of the citizens of the City to enact this Ordinance; and WHEREAS, the City Council of the City of Daytona Beach Shores carefully evaluated numerous options relative to the issues that are addressed in this Ordinance; and WHEREAS, the City of Daytona Beach Shores has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and WHEREAS, the City Council of the City of Daytona Beach Shores finds it is in WHEREAS, this Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City Daytona Beach Shores; and WHEREAS, for purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA THAT: SECTION ONE: Section 8-7, Land Development Code, Chapter 8, Appendix G, Code of Ordinances of the City of Daytona Beach Shores, entitled Mandatory Exterior Color Standards, is amended as follows: Sec. 8-7. - Purpose and intent. The general purpose of these mandatory exterior color standards is to maintain and enhance an attractive physical environment within the City. The general intent of these standards is to: Ord. 2013-11 Page 2 of 12 (a) Create and maintain a strong community image, identity and a sense of place, through the use of acceptable colors and color combinations on buildings and/or structures that will have a substantial impact upon the character of the City of Daytona Beach Shores; (b) Minimize incompatible visual colors which prevent orderly community development that may threaten to reduce community property values or which would detract from the high standard of living and quality of life afforded to citizens of the City; (c) Enhance and sustain property values and recognize vested rights when fair and equitable; and (d) Foster civic pride and community spirit by maximizing the positive impacts of development on the community. Sec. 8-8. - General provisions. A painting permit is required for all painting and the application of any exterior treatment such as, by way of example and not limitation, sidings, plaster, stucco or tiles, on the exterior of any building or structure or component thereof in the City unless otherwise exempt under the terms of this article. 8-8.1. Applicability. (a) These standards shall apply to the exterior of all applicable buildings and structures, as set forth hereinafter. (b) All new buildings or structures shall comply with these standards. (c) Additions. All existing buildings or structures unto which twenty (20) percent or more is added to the total mass of said building or structure shall cause the entire building or structure to comply with the terms of these standards and the approved official color palette. (d) Routine exterior painting, recoating, rehabilitation or maintenance which affect: (1) Which affects Less less than one (1) building or structure face; or (2) Which Do does not affect twenty (20) percent or more of the overall building or structure facade or structure; or (3) Which relates to hotels, motels and multifamily residential structures in the T and RMF-1 zoning districts that have received site plan development approval and/or fully permitted and painted prior to March 22, 2006 and, with regard to which, no color will be modified, Ord. 2013-11 Page 3 of 12 are exempt from section 8-11.1(2). However, a paint permit shall still be required. Said routine painting, recoating, rehabilitation or maintenance exterior color shall match the existing exterior color of the building or structure in question. (e) Routine exterior painting, recoating, rehabilitation or maintenance which affect: (1) One (1) or more building or structure face; or (2) An aggregate of fifty (50) percent or more of the overall building or structure facade or structure over the life of the building or structure shall cause the entire building or structure to comply with the terms of this article and the approved official color palette unless the building or structure is a hotel, motel and multifamily residential structure in the T and RMF-1 zoning districts that has received site plan development approval and/or fully permitted and painted prior to March 22, 2006 and, with regard to which, no color will be modified. (f) Destruction. If a building or structure is destroyed by any means, natural or manmade, beyond fifty (50) percent of its appraised value, then when redevelopment of that building or structure occurs, it must meet the standards of this article. (g) Integral decoration or architectural festoon of buildings or structures (wall graphics, super graphics, or murals) shall comply with the terms of this article and the approved official color palette. (h) All new awnings, valances and other similar external building or structure accessories shall comply with the approved official color palette pursuant to section 8-10.4. (i) The recovery or rehabilitation of existing awnings, valances or other similar external building or structure accessories which affect an aggregate of forty-nine (49) percent or less of the total square footage of the subject accessory over the life of the building or structure shall match the existing color of the existing awning, valance or other similar external building or structure accessory. (j) The recovery or rehabilitation of existing awnings, valances and other similar external building or structure accessories which affect an aggregate of fifty (50) percent or more of the overall building or structure facade over the life of the building or structure shall cause the entire building or structure to comply with the terms of this article and the approved official color palette. 8-8.2. Exemptions. (a) Door frames and window frames are exempt from these standards provided they are compatible with the existing color scheme on the building or structure. Ord. 2013-11 Page 4 of 12 (b) Flashings, facia and drip edges that are of the original prepainted color by the manufacturer are exempt from these standards provided they are compatible with the color scheme on the building or structure. (c) All roofs, excluding mansard roofs, are exempt from these standards provided that the color of the roof material is consistent with the original color prepainted by the manufacturer and said color is consistent with the associated building's or structures architectural style and exterior color. (d) Wall signs are exempt from these standards. (e) Railings are exempt from these standards provided they are compatible with the color scheme on the building or structure and said railings are aluminum and match the original color prepainted by the manufacturer. All other railings shall meet the terms of this article. (f) Coin, credit card, or other money-operated dispensing machines such as vending machines, fuel pumps, publication storage devices are exempt from these standards provided said machines, fuel pumps, publication storage devices are portable and not affixed to the ground or hard wired. (g) Notwithstanding the provisions of section 8-8.2(c), parapets and partial mansard roofing are exempt from these standards provided said parapets and partial mansard roofing is treated with shingles, metal roof panels and other similar prepainted treatments by the manufacturer. However, the painting of any parapet or partial mansard roofing shall comply with the terms of this article. (h) Hotels, motels and multifamily residential structures in the T and RMF-1 zoning districts that have received site plan development approval and/or fully permitted and painted prior to March 22, 2006 and, with regard to which, no color will be modified are exempt from these standards. 8-8.3. Required Submittal Items. 1. Manufacturer provided color sample, including, if available, the name and numerical paint code equivalent of the corresponding adopted color palette. 2. In the case of all new building or structure construction and all applications that are heard by the Beautification Advisory Board or City Council, color architectural elevation renderings, of all faces of the building or structure, noting the surface material and texture being proposed shall be required. 3. In the case of accessory structures a color sample is required. Color photographs indicating surface material and texture may also be provided. Ord. 2013-11 Page 5 of 12 4. All applications or appeals that are heard by the Beautification Advisory Board or the City Council shall list total percentage of surface area each color occupies on each face of the building or structure and on the entire building or structure. These applications shall also include appropriate color renderings of the finished buildings or structures. 5. All other information required by the City to aid in the approval process. Sec. 8-9. - Establishment of a color palette. The City Council hereby adopts a revised official color palette, Exhibit A, which shall be the controlling document and standards in the administration referenced and declared to be a part of these color standards. The official color palette shall be made available at the office of the City Clerk and the Building Department. This official color palette shall only be changed by resolution. The range of colors in the color spectrum located between two (2) consecutive rows on the approved official color palette shall also be made a part of the official color palette. All color treatment on buildings or structures shall be consistent with the official color palette, as amended, or as otherwise provided in this article. Sec. 8-10. - General criteria. The usage of colors is an important way to blend with the architectural context of the City and surrounding neighborhoods. 8-10.1. Color. 1. Colors Building colors authorized by these standards shall be should be earth tones or pastels as set forth in the consistent with the approved City's official color palette. 2. The requirement for earth tones and pastels shall not apply to colors Colors commonly found in natural materials such as wood, brick or stone, are permitted for use unless such material has been artificially colored in a manner which would be contrary to the intent of these standards. 3. Only one (1) base color per building or structure face may be allowed permitted by the City. 4. Color treatment shall be generally consistent for the entire building or structure, accessory building and/or structure. 5. Fluorescents, neon and other high intensity colors are prohibited and unlawful shall not be allowed. 6. Accents, i.e., colors or applications used to highlight a structure or building or structure facade, shall not occupy more than ten (10) percent of a building or structure face elevation. Ord. 2013-11 Page 6 of 12 7. All unfinished building or structure faces or portions thereof, including cement based stucco and concrete blocks, shall be painted consistent with the terms of this article. 8. Trims shall be limited to that area immediately adjacent to and around the perimeter of any element, feature or the perimeter of a building or structure. Trim width shall be reasonably applied and shall not visually overwhelm the trimmed feature or element. Trims shall not exceed more than ten (10) percent of the surface area of any building or structure elevation or structure. 9. Color treatment including, but not limited to, awnings, valances and similar external accessories, on buildings or structures housing more than one (1) business and buildings located in commercial strip plazas shall be consistent with the overall facade of the building or structure. Only a single base color may be permitted. 10. In cases where more than a single principal building or structure occupies a property, compatible colors shall be utilized to reflect an overall unified image. 11. Outparcels and accessory buildings and structures within a site shall utilize compatible colors consistent compatible with the principal building or structure. 12. Colors shall be used to achieve compatibility with the surrounding area, consistent with this article. 13. Non-exempt roofs may utilize any color located on the official color palette providing said color is compatible with the color scheme on the building in question. 8-10.2. Color Combinations and Usage. 1. Any color indicated on the approved official color palette may be used in combination with another color(s) located on the approved official color palette pursuant to this section. 2. Color combinations shall not be used to create new colors. 3. Any color located on the approved official color palette may be used for accents and trims. Bases, also known as body colors, shall be limited to colors located on the first, and second and/or third row on each page of the official color palette. Colors located between the first and second and second and third row on each page of the official color palette may also be used as base colors. Shades of white are exempt from this subsection. 8-10.3. Accessory Structures. (1). Fences, walls and screens. Any enclosure, fence or wall, which is visible from any public right-of-way, shall include the use of colors and finishes consistent with the principal structure. Ord. 2013-11 Page 7 of 12 (2) Signs. (a) The base color treatment of all new or renovated freestanding sign support structures, sign cabinets and frames shall be consistent with that of the principal conforming structure. Where a principal structure is nonconforming, the color treatment of all new or renovated freestanding signs shall be consistent with the terms of these standards and the official color palette. 8-10.4. Awnings, Valances and Other External Accessories. 1. Awnings, valances and other decorative and functional external accessories on buildings or structures may be treated with any color located on the approved official color palette. 2. External accessories with colors not located on the approved official color palette are prohibited unless the subject colors are approved official by the City's Beautification Advisory Board and City Council pursuant to section 8-11.3(5). Sec. 8-11. - Administration. 8-11.1. Application Process. 1. Required permit applications pursuant to this article shall be submitted to the City's Building Department for a determination of completeness. 2. The required fee shall be submitted at the time of application. 3. Applications shall be submitted at the time of an application for: (a) Site plan review or modification; (b) Building permit review (if site plan review or modification is not required); or (c) A painting permit. 4. No building permits shall be issued without prior approval of the proposed color scheme. 5. Applications shall be approved official, approved with specific conditions or modifications, or denied based upon their conformity or nonconformity with the terms of this article. 8-11.2. Approval. Ord. 2013-11 Page 8 of 12 The City pursuant to the following shall determine final approval of all complete painting permit applications: 1. Class I applications: Applications for exemptions and applications that do not require site plan approval and involve no more than two (2) colors on the building or structure shall be reviewed by the Chief Building Official for approval. 2. Class II applications: Applications that do not require regular site plan approval but involve three (3) or more colors combinations on the building or structure shall be reviewed by the City's Beautification Advisory Board for approval. 3. Class III applications: Applications that require regular site plan approval shall be reviewed by the Beautification Advisory Board and the City Council for approval. 8-11.3. Appeals. 1. Within thirty (30) calendar days of the approval or denial of a completed application, any aggrieved party may appeal any decision by the City staff in writing to the City Clerk for hearing by the Beautification Advisory Board or City Council, as appropriate, Manager, indicating, with specificity, the grounds for the appeal. 2. The required fee shall be submitted at the time of application. 3. Class I application appeals shall be heard by the Beautification Advisory Board within ninety (90) days whose decision can be submitted to the City Council on appeal and for a final determination. 4. Appeals which contest the decision made under section 8-11.3(3) and Class II shall be heard by the City Council. 5. and Class III applications appeals shall be heard by the City Council after the application is submitted to Beautification Advisory Board for recommendation. 6 5. Appeals that request the approval of a color not found on the approved official color palette shall be heard by the Beautification Advisory Board for a recommendation and final decision shall be made by the City Council. 6. Except in the case of awnings, valances and similar external building or structure accessories, a resolution to amend the official color palette is required subsequent to a successful appeal application which introduces a new color not found on the approved official color palette. 8-11.4. Variances. Ord. 2013-11 Page 9 of 12 No application for exterior color variances pursuant to section 14-69 of the Land Development Code shall be accepted by the City under any provision of any City code or ordinance granted. Sec. 8-12. - Vested rights. (a) Projects having received a building permit or site plan development order prior to the effective date of this article shall be exempt from the terms of this article so long as the permit or development order remains in effect. (b) Any property owner who contends that the application of this section to his or her property illegally interferes with a vested right may submit an application for determination of vested rights to the Chief Building Official for administrative relief. The application shall contain all evidence known to the property owner that supports the property owner's contention that the enforcement of this article to his or her property illegally interferes with a vested right. (c) An application which contains an allegation of a regulatory taking, shall be evaluated pursuant to the following: 1. Whether the property owner will be denied substantially all beneficial use of the property. 2. Consideration of economic impact. 3. The extent to which these regulations have interfered with the property owner's investment-backed expectations. (d) The following is a nonexclusive list of the factors to be analyzed under these criteria: 1. The history of the property. 2. Any change in development when ownership changed. 3. The present nature and extent of the property. 4. The reasonable expectations of the property owner and the neighboring property owners. 5. Any diminution of the property owner's investment-backed expectations. (e) The Chief Building Official shall make a determination within twenty (20) calendar days of receipt of a complete application whether to grant or deny such an application. Determination made by the Chief Building Official pursuant to this section may be appealed to the Board of Adjustments within thirty (30) days pursuant to section 14-69.3 of the Land Development Code. Ord. 2013-11 Page 10 of 12 Sec. 8-13. - Penalty. (a) It is prohibited and unlawful for any person to fail to comply with the requirements of this Ordinance (b) The City may enforce the provisions of this article by any means allowed by controlling law. (c) The penalties for violation of this Ordinance shall be as set forth in the code enforcement method asserted by the City under the Code of Ordinances of the City of Daytona Beach Shores, Florida or as may be available under the controlling provisions of State law. Sec. 8-14. - Permit fees established. The City Council shall establish all permit fees by resolution or ordinance. The established fees shall be set forth in the current "City of Daytona Beach Shores Land Development Code Schedule of Fees" or the current City of Daytona Beach Shores Code of Ordinances, which is are available at the office of the City Clerk. SECTION TWO: SAVINGS. The prior actions of the City of Daytona Beach Shores relating to the regulation of colors of paints or other materials with regard to the development or maintenance of buildings and structures and related matters are hereby ratified and affirmed. SECTION THREE: CODIFICATION. The provisions of this Ordinance, including its recitals, shall become and be made a part of the Code of Ordinances of the City of Daytona Beach Shores, Florida and the Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word; provided, however, that Sections Two, Three, Four, Five and Six shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. SECTION FOUR: CONFLICTS. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION FIVE: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION SIX: EFFECTIVE DATE. immediately upon enactment. This Ordinance shall take effect Ord. 2013-11 Page 11 of 12 ________________________________________ ______________________________ CHERI SCHWAB, CITY CLERK MICHAEL T. BOOKER, CITY MANAGER Approved as to form and legality: CITY OF DAYTONA BEACH SHORES, FLORIDA ____________________________________ HARRY JENNINGS, MAYOR _________________________________________ LONNIE GROOT, CITY ATTORNEY Passed on first reading this ______ day of ________, 2013. Adopted on second reading this _______ day of _______, 2013. Ord. 2013-11 Page 12 of 12 STAFF REPORT FOR THE CITY COUNCIL SEPTEMBER 10, 2013 ORDINANCE: IMPACTED AREA: APPLICANT: CONTACT: REQUEST: A. BACKGROUND Ord. 2013-11 Citywide City of Daytona Beach Shores Stewart Cruz, City Planner: Tel. (386) 763-5361 Action on ordinance relating to exterior color standards and the Official Color Palette. On May 11, 2013 the Daytona Beach Shores City Council directed staff to prepare an ordinance providing options of grandfathering condominiums and hotels and also adding another layer of color to the Citys official color palette. The impetus behind the direction was the discussion paper (attached as Exhibit A) that was provided as background information to the City Council. Staff anticipates without a change in the color palette or mandatory exterior color standards approximately four to six appeals to amend the color palette will be submitted to the City within the next few years. These appeals are more likely to come from multifamily condominiums. Attached as background information is an excerpt from the City Council minutes (Exhibit B) articulating the City Councils discussion on the subject. Considering the direction given to staff, the attached ordinance was drafted and the following options contained in Sec. B of this staff report and the ordinance are being provided for the City Councils consideration. B. The proposed changes and color palette options contained in Ordinance 2013-11 (attached) and below are consistent the Citys adopted Comprehensive Plan Update (2020). There are two general actions that may be taken by the City Council. Action 1 concerns general administrative non-substantial text amendments to the mandatory exterior color standards, while Action 2 presents substantial potential changes to the mandatory exterior color standards and the color palette. Action 1: Textual Changes Among other things, the proposed ordinance would accomplish the following textual changes: PROPOSED ORDINANCE & COLOR PALETTE OPTIONS 1. Clarity in the purpose and intent of the color standards. 2. Provide minor administrative/housecleaning amendments. Staff Report to the City Council Ord. 2013-11: Color Standards / Color Palette Page 1 of 6 September 10, 2013 3. Provide standards for color usage on exempt roofs. Action 2: Color Palette Options The three City Council Options provided in the draft ordinance are listed below. Option 1: Considers the Grandfathering (exemption) of all hotel/motel/multifamily residential buildings and structures that were fully permitted and painted prior to March 22, 2006 and, with regard to which, no color was or will be modified. Option 2: Considers modifying and adding colors to the existing color palette. Option 3: Considers prohibiting the addition of new colors unto the color palette. C. On August 22, 2013 the Citys Beautification Advisory Board unanimously recommended the following to the City Council: RECOMMENDATION BY THE BEAUTIFICATION ADVISORY BOARD 1. Approval of textual changes as presented. (Action 1) 2. Approval of grandfathering (exempting) all hotel/motel/multifamily residential buildings and structures that were fully permitted and painted prior to March 22, 2006 and, with regard to which, no color was or will be modified. (Action 2-Option 1). 3. To NOT include the third row of the color palette as a base color. (Action 2-Option 2). (Action 2-Option 2). 4. To NOT add a fifth row of colors unto the color palette to be used as accent or trim. 5. To permit colors not on the palette but associated with recognized architectural styles through a Beautification Advisory Board approval process. CITY COUNCIL ACTION D. If the City Council pleases, it may decide to act on the following: Action 1: (Choose one only) a. Adopt the textual amendments of the ordinance as presented; or b. Adopt the textual amendments of the ordinance with changes; or c. Do not adopt the textual amendments of the Ordinance. Action 2: A. Option 1: Grandfathering of hotel/motel/multifamily buildings. (Choose one only) a. Grandfather (exempt) all hotel/motel/multifamily residential buildings and structures in the T-RMF-1 zoning district that were fully permitted and Staff Report to the City Council Ord. 2013-11: Color Standards / Color Palette Page 2 of 6 September 10, 2013 painted prior to March 22, 2006 and, with regard to which, no color was or will be modified; or b. Do NOT grandfather (exempt) all hotel/motel/multifamily residential buildings and structures in the T-RMF-1 zoning district that were fully permitted and painted prior to March 22, 2006 and, with regard to which, no color was or will be modified B. Option 2: Modification and expansion of color palette. (Choose one only) a. Expand base colors to include the third row of colors currently located on the b. Expand trim/accent colors to include a new fifth row of colors that are NOT palette; or currently on the palette; or c. Both of the above; or d. Another option?; or e. Do NOT expand and/or modify the color palette. C. Option 3: Prohibiting the addition of new colors unto the palette. (Choose one only) a. Prohibit the addition of new colors to the palette. b. Do NOT prohibit the addition of new colors to the palette. Staff Report to the City Council Ord. 2013-11: Color Standards / Color Palette Page 3 of 6 September 10, 2013 (Background information provided to the City Council prior to the 6/11/13 Discussion Item 7A) EXHIBIT A Discussion on Color Palette Introduction Chapter 8, Article II of the Citys Land Development Code entitled Mandatory Exterior Color Standards regulates the use of color treatments on the exterior of any building or structure within the City of Daytona Beach Shores. Section 8-9 of the aforementioned articles establishes the Citys Official Color Palette while Section 8-10 establishes the general criteria for the application of color on the exterior of any building or structure. Background In 2006 the Daytona Beach Shores City Council established the Mandatory Exterior Color Standards with the intent to, among other things, minimize incompatible visual colors which prevent orderly community development that may threaten to reduce community property values. The regulation of aesthetics and community image is common and growing throughout the country. The Mandatory Exterior Color Standards have only been amended to provide clarity and definition to the standards. In 2010 an ordinance was drafted to allow certain corporations to utilize their brand colors on the exterior of any building or structure. The ordinance came about as a result of appeal applications made by the local Sunoco and Wells Fargo establishments. The ordinance was not approved by the City Council. Since 2006, the City has received seven (7) color palette appeal applications. The appeal process allows a color not listed on the Official Color Palette to be added unto the palette, thereby making said color available to every property, providing no restrictions are imposed. Excluding whites, there are 465 colors on the Citys Official Color Palette. Of the eight (8) applications received, four (4) have been approved, while two (2) have been denied and two (2) were abandoned. The successful applications were all residential whereas the others were all non-residential. Discussion Item Typically, whenever exceptions to a set of standards are made a conclusion could be drawn that the standards ought to be reviewed and/or amended appropriately. The color palette has been amended four times since its inception, resulting in a total of five (5) colors being added to the palette. Three of the five new colors were added within the last eight months. These three colors are associated with Mediterranean style architecture and as such, the City Council voted to permit these colors on Mediterranean architecture in the T-RMF-1 District. Staff anticipates more appeal applications to amend the color palette will have to be Staff Report to the City Council Ord. 2013-11: Color Standards / Color Palette Page 4 of 6 September 10, 2013 processed as there are several existing structures within the City, with base and even trim/accent colors not located on the palette that will have to be repainted as part of their respective maintenance schedule. Considering the difficult process in making decisions at the condominium level and considering requests made by nonresidential property owners, staff is requesting the City Council discuss this issue and provide direction, if any, on the existing color palette and mandatory exterior color standards. As a guide and based on the discussion held during the January 30, 2013 Strategic Planning Workshop, at least two of the 10 options provided may be worthy of consideration. Those options include: Expand the color palette to include an additional row of colors. Amend color standards to permit (or exempt) colors that are typical of the architectural style being constructed or existing on site. Staff Report to the City Council Ord. 2013-11: Color Standards / Color Palette Page 5 of 6 September 10, 2013 EXHIBIT B Excerpt from 6/11/13 City Council Minutes regarding Item 7A: DISCUSSION TO EXPAND THE COLOR PALETTE The City Manager explained that this item was discussed in January during the visioning session. No definitive direction was given at that time, so staff has brought it back to the council for discussion. The City Planner stated that he is expecting 4-6 appeals in the next few years from condominiums that need to repaint their buildings. One option is to add one more layer of color to the palette for base, trim and accent. Another option is to incorporate the architectural style of the building and allow colors to match the style. CMBR Rice stated that Florida Statute 7.18 governs condominiums. If they are forced to change the color of the building, it could be considered a material change and require a vote of the owners. It was suggested that a possibility would be to grandfather the condominiums and their existing color if they were built prior to 2006. CMBR Celona reported that since 2006, 495 paint permits were issued. Eight appeal applications were submitted with 4 being approved, 2 denied and 2 abandoned. Five colors have been added to the palette, three in the last eight months. CMBR Fehrmann felt being able to grandfather the condominiums colors was a good option for them. He was also in favor of adding an additional color to the categories on the palette. CMBR Wheeler was also in favor of this. After some discussion, council directed staff to prepare an ordinance giving them options of grandfathering condominiums and hotels and also adding another layer of color to the palette. It was explained that the ordinance would first be proposed to the Beautification Board before coming back to the City Council. Staff Report to the City Council Ord. 2013-11: Color Standards / Color Palette Page 6 of 6 September 10, 2013 ORDINANCE NO. 2013-14 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ASSIGNING THE P PUBLIC/QUASI PUBLIC DISTRICT ZONING CLASSIFICATION TO THAT NORTHEAST PORTION OF PROPERTY GENERALLY LOCATED AT 1906 S. ATLANTIC AVENUE (SHORT TAX PARCEL ID 5316-06- 00-0010); PROVIDING MODIFICATION OF THE OFFICIAL IMPLEMENTING ZONING MAP; ADMINISTRATIVE FOR NON- CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. PROVIDING ACTIONS; PROVIDING FOR WHEREAS, the City of Daytona Beach Shores is committed to planning and managing the future growth of the City; and WHEREAS, the property described in Section One herein has the northern City entrance sign and a City zoning classification must be assigned to the real property in accordance with the requirements of controlling law; and WHEREAS, the City Council of the City of Daytona Beach Shores has received recommendation from staff and the Planning and Zoning Board for the assignment of zoning classification to said annexed property and has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and WHEREAS, the City Council of the City of Daytona Beach Shores finds such rezoning consistent with the City of Daytona Beach Shores Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Official Zoning Map as hereinafter set forth, NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, as follows: SECTION ONE: REZONING OF REAL PROPERTY. The property described hereinafter is hereby rezoned and assigned the zoning classification as follows: Northeast portion of the property located at 1906 S. Atlantic Avenue (Short Tax Parcel ID #5316-06-00-0010, identified as Parcel 1 and described in Exhibit A as attached, is assigned the P, Public/Quasi Public Zoning Classification. SECTION TWO: AMENDMENT OF OFFICIAL ZONING MAP. The Official City Zoning Map is hereby amended to conform with the rezoning assigned herein. SECTION THREE. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager, or designee, is authorized to take any and all required administrative actions to implement the provisions of this Ordinance including, but not limited to, providing notice of this rezoning to the Volusia County Council in accordance with applicable law. Ordinance 2013-14 Page No.1 SECTION FOUR. NON-CODIFICATION. This Ordinance shall be not be codified in the City Code of the City of Daytona Beach Shores or the Land Development Code of the City of Daytona Beach Shores; provided, however, that the actions taken herein shall be depicted on the Official Zoning Map of the City of Daytona Beach Shores by the City Manager, or designee. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall take effect immediately upon enactment. CITY OF DAYTONA BEACH SHORES, FLORIDA ______________________________________ HARRY JENNINGS, MAYOR ______________________________________ MICHAEL T. BOOKER, CITY MANAGER Approved as to form and legality: ________________________________________ LONNIE GROOT, CITY ATTORNEY Passed on first reading this ______ day of ________, 2013. Adopted on second reading this _______ day of _______, 2013. ______________________________ CHERI SCHWAB, CITY CLERK Ordinance 2013-14 Page No.2 EXHIBIT A Ordinance 2013-14 Page No.3 STAFF REPORT TO THE CITY COUNCIL OCTOBER 22, 2013 ITEM: LOCATION: Ordinance 2013-14 (Rezoning of Northern City Sign Parcel) Northeast Portion of 1906 S. Atlantic Avenue; Short Tax Parcel ID 5316-06- 00-0010 City of Daytona Beach Shores (owner) APPLICANT: STAFF CONTACT: Stewart Cruz; City Planner (386) 763-5361 REQUEST: Approval of Ord. 2013-14, which would amend the Citys Official Zoning Map zoning district classification of the northeastern portion of the property located at 1906 S. Atlantic Avenue, from GC-RD General Commercial- Redevelopment District to P Public / Quasi-Public District. A. INTRODUCTION Ordinance 2013-14 would amend the Citys Official Zoning Map zoning district classification for the northeast section of the property located at 1909 S. Atlantic Avenue where the City entry sign is currently located. If approved, the zoning district classification of the property would change from GC-RD General Commercial-Redevelopment District to P Public/Quasi-Public District. The subject property contains 804 square feet which equates to an acreage of 0.018. B. BACKGROUND In February 2013, the City of Daytona Beach Shores purchased the subject property at 1906 S. Atlantic Avenue. In June 2013, the City completed the construction of a gateway sign on the northeastern portion of the property. Per the September 9, 2013 City Council direction, there is a potential for an ownership change of the property, therefore, the City is in the process of splitting the northeast section of the property where the gateway sign is located. A separate and new parcel would be created; however, the zoning of said parcel would remain the same, i.e. GC-RD General Commercial-Redevelopment District. Due to the size of the new parcel relative to the dimensional requirements in the GC-RD District, the new parcel would become a nonconforming lot. The creation of nonconforming lots is prohibited by the Citys Land Development Code. Therefore, the new parcel has to be rezoned to P Public/Quasi-Public District, for which no dimensional requirements exist. Both the rezoning and lot split are being done concurrently. Staff Report: City Council Ord. 2013-14: Rezoning of NE Section of 1906 S. Atlantic Ave. October 22, 2013 Page 1 of 7 C. EXISTING ZONING AND CURRENT LAND USE Table 1 below provides a narrative description of the zoning district classifications and current land uses (i.e., existing development) for the subject property and surrounding area while Figure 1 provides an aerial view of the subject property and surrounding land uses. Table 1: Zoning and Land Use Area Description Vacant/Public Use Current Land Use Daytona Beach Hotel/Motel Location Subject Property North South East West Notes: *GC-RD = General Commercial-Redevelopment District; +T-RMF-1 = Daytona Beach Shores Hotel/Motel District Multifamily Residential (High Density) District. Sunoco Gas Station/Christian Adventures Vacant Single Family Residences Zoning *GC-RD GC-RD +T-RMF-1 Daytona Beach Figure 1: Aerial View of Zoning Site Surrounding Neighborhood Site Location Source: Volusia County PALMS, 2013 Oceanside Inn COA Staff Report: City Council Ord. 2013-14: Rezoning of NE Section of 1906 S. Atlantic Ave. October 22, 2013 Page 2 of 7 As noted in Table 1 above, the subject property is currently zoned GC-RD General Commercial- Redevelopment District. According to the Daytona Beach Shores Land Development Code, the purpose, intent and permitted uses of and dimensional requirements of the zoning district is as follows: GC-RD General Commercial-Redevelopment District: 14-31.1. GC-RD General Commercial-Redevelopment District. 14-31.1.1. Purpose and Intent. To encourage the development and redevelopment of commercial property in the redevelopment areas. 14-31.1.2.Permitted Uses. 1.Professional and business offices. 2.Retail stores. 3.Service establishments such as barber or beauty shops, photographic studios, dance or music studios, self-service laundries, tailor shops, drapery or dressmaker shops, laundry or dry cleaning pickup stations (without any on-site dry cleaning activities using chemicals of any type or nature) and similar activities. 4.Newspaper offices (but not printing activities of any type or nature). 5.Food stores and bakeries. 6.Banks and similar financial institutions, small loan agencies. 7.Medical and dental clinics. 8.Private clubs and lodges. 9.Public/quasi-public facilities. 10.Restaurants. 11.Art galleries. 12.Bowling facilities and similar recreational facilities. 13.Performance theaters. 14.Movie theaters. 15.Public parking facilities. 16.Medical offices and facilities. 17.Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq., and other controlling law. 14-31.1.8. Dimensional Requirements. Side Yard: Ten (10) feet. Front Yard: Twenty (20) feet. Building Height: Forty-five (45) feet. Rear Yard: Twenty (20) feet. Lot Coverage: Thirty-five (35) percent. Minimum Lot Size: Seven thousand five hundred (7,500) square feet. Staff Report: City Council Ord. 2013-14: Rezoning of NE Section of 1906 S. Atlantic Ave. October 22, 2013 Page 3 of 7 Minimum Lot Width: Seventy-five (75) feet. D. PROPOSED ZONING The proposed zoning for the subject property is P Public/Quasi-Public District. According to the Citys Land Development Code, the purpose, intent and permitted uses of the proposed zoning district is as follows: P Public/Quasi Public District. Sec. 14-26. - P Public/Quasi Public. 14-26.1. Purpose and Intent. The purpose and intent of the Public/Quasi Public District is to best satisfy the internal, recreational and governmental service needs of the entire community. This district has been developed for implementing the city's land use plan within, but not necessarily limited to, those areas shown for Public/Quasi Public. 14-26.1. [14-26.2.] Permitted Accessory Uses and Structures. Parks, churches and government offices, telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq., etc. (NOTE: There are no dimensional requirements in this district). E. COMPREHENSIVE PLAN Objective 1-1.4 of the Comprehensive Plan states that land uses which are inconsistent with the character and overall Future Land Use Plan of the City shall be discouraged through the prohibition of objectionable uses such as industries and warehousing. The proposed zoning is not objectionable or inconsistent with the future land use map and surrounding neighborhood. Therefore, the Citys Adopted Comprehensive Plan (2020) and proposed FLU classification. the proposed zoning classification is consistent with F. REVIEW AND COMMENTS CITY PLANNER Stewart Cruz The City has elected to split the northeastern 804 square feet portion of the City owned property located at 1906 S. Atlantic Avenue to separate the existing sign portion of the property from the larger remaining parcel in the event said larger parcel is sold in the future. The new parcel has an irregular shape and a width of approximately 30 feet. The rezoning of the sign parcel is required to not create a nonconforming lot, which is prohibited by the Citys Land Development Code. Staff Report: City Council Ord. 2013-14: Rezoning of NE Section of 1906 S. Atlantic Ave. October 22, 2013 Page 4 of 7 COMMUNITY SERVICES Fred Hiatt, Director / Building Official The Director has no comments. PUBLIC WORKS Brian Edwards, Deputy Director / Facilities Superintendent This application does not require Publics Works review. PUBLIC SAFETY Terry Griffiths, Fire Commander / Fire Marshal This application does not require Public Safety review. ENGINEERING Tetra Tech HAI This application does not require engineering review. COMMUNITY REDEVELOPMENT AREA (CRA) This application does not require CRA review. PLANNING AND ZONING BOARD On October 8, 2013 the Daytona Beach Shores Planning and Zoning Board unanimously recommended approval of the proposed rezoning. G. FINDING OF FACTS When considering a request to change zoning, the Planning and Zoning Board shall consider the following criteria pursuant to Section 14-66 of the Land Development Code. Below are staffs findings considering each criterion outlined in the aforementioned section of the Code. The applicants responses to the criteria are attached as Exhibit A. 1. The proposed zoning will have a favorable or unfavorable impact on the environment and natural resources of the area affected. 3. The proposed zoning will efficiently use or unduly burden water, sewer, solid waste disposal or other necessary public facilities, including schools. Staff Report: City Council Ord. 2013-14: Rezoning of NE Section of 1906 S. Atlantic Ave. October 22, 2013 Page 5 of 7 The proposed zoning change will not provide an unfavorable impact on the environment or natural resources of the area. 2. The proposed zoning will have a favorable or unfavorable impact on the economy of the area affected. NA. 4. The proposed zoning will efficiently use or unduly burden transportation facilities. 5. The proposed zoning will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment. NA. 6. The proposed zoning is basically consistent with the comprehensive land use plan. Objective 1-1.4 of the Comprehensive Plan states that land uses which are inconsistent with the character and overall Future Land Use Plan of the City shall be discouraged through the prohibition of objectionable uses such as industries and warehousing. The proposed zoning is not objectionable or inconsistent with the future land use map and surrounding neighborhood. Therefore, the Citys Adopted Comprehensive Plan (2020) and proposed FLU classification. the proposed zoning classification is consistent with 7. Have conditions relative to the property in question and the surrounding area so changed as to require zoning classification boundaries be amended to reflect new conditions? The property is currently owned by the City and houses the Citys northern gateway (entry) sign. The property is also in the process of being split. The rezoning would reflect the current ownership and use of the property for public use. 8. Was there a mistake in the original zoning of the property so that such zoning does not properly reflect the actual or developing conditions of the area? There was no mistake made in the original zoning of the property. 9. Will the proposed change promulgate or encourage a physical benefit or have a NA. NA. stabilizing effect on the surrounding areas? NA. 10. Would the proposed changes constitute "spot zoning"? Spot zoning generally occurs when an individual parcel is assigned a zoning classification that is incompatible with the surrounding area. The existing use and proposed zoning is consistent with the surrounding area. Therefore, the proposed change does not constitute spot zoning. 11. Is the proposed change a singling out of a small parcel of land, allowing a use totally different from that of the surrounding area, and would such use violate the integrity of the zoning classification? Staff Report: City Council Ord. 2013-14: Rezoning of NE Section of 1906 S. Atlantic Ave. October 22, 2013 Page 6 of 7 12. Is the change solely for the benefit of the owner and to the detriment of the community? 13. Will the proposed change especially suit the applicant's own special purpose rather than No. No. No. serve the community? No. 14. Would the requested change materially diminish the value of surrounding properties or substantially alter the characteristics of the neighborhood? H. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-14 as presented. Staff Report: City Council Ord. 2013-14: Rezoning of NE Section of 1906 S. Atlantic Ave. October 22, 2013 Page 7 of 7 ORDINANCE 2013-15 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA RELATING TO SEWER SERVICE, AMENDING THE MUNICIPAL CODE OF ORDINANCES, APPENDIX G, LAND DEVELOPMENT CODE, SECTION 12-4.36 DEVELOPMENT FEE (IMPACT FEE.), PARAGRAPH 3.a., THEREBY IMPOSING A SEWER COLLECTION SERVICE DEVELOPMENT FEE: $644.00; AND A SEWER TREATMENT SERVICE DEVELOPMENT FEE: $956.00; A TOTAL IMPACT FEE $1,600.00; PROVIDIING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Port Orange has increased the sewer treatment service WHEREAS, the Citys sewer collection service development fee shall be development fee to $956; and $644.00, NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES AS FOLLOWS: SECTION ONE: The Municipal Code of Ordinances, Appendix G, Land Development Code, Section 12-4.36 Service Use Charge, Paragraph 3., Fee Schedule., which reads as follows, is hereby amended by the addition of the language which is underlined and the deletion of the language which is underlined and the deletion of the language with strike type: For each equivalent living unit (E.L.U.) connected to the system: Sewer collection service development fee: $652.00 $644.00. Sewer treatment service development fee: $848.00 $956.00 Total impact fee: $1,600.00. SECTION TWO: CONFLICTS. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. Ord 2013-15 Page 1 of 2 SECTION THREE: EFFECTIVE DATE. This Ordinance shall take effect upon adoption. CITY OF DAYTONA BEACH SHORES ___________________________________ Harry H. Jennings, Mayor ATTEST: ___________________________________ Michael T. Booker, City Manager Approved as to form and content: ___________________________________ Lonnie Groot, City Attorney Passed upon first reading this day of 2013. Passed and adopted on second reading this day of , 2013. ______________________________ Cheri Schwab, City Clerk Ord 2013-15 Page 2 of 2 RESOLUTION 2013-19 to the A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA RELATING TO COMMUNITY REDEVELOPMENT AND CLARIFYING THE INTENT OF THE CITY WITH REGARD TO PROVIDING PARKING PURSUANT TO THE ORIGINAL COMMUNITY REDEVELOPMENT AREA (CRA) AGREEMENT WITH VOLUSIA COUNTY UPON TERMINATION OF SAID AGREEMENT; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Daytona Beach Shores, Florida adopted Resolution Number 2005-12 implementation of community redevelopment under the controlling provisions of State law such as, by way of example only, the provisions of Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 163 and Chapter 166, Florida Statutes, and the controlling case law of the State of Florida; and in 2005 relative WHEREAS, the City Council was concerned about the appearance and commercial viability of the State Road A1A northern corridor area of the City of Daytona Beach Shores and developed and utilized all available and prudent measures available under controlling law to address the expressed concerns; and WHEREAS, the County Council exercising its home rule charter powers as a charter county of the State of Florida authorized the City to engage in community redevelopment and for the City Council to operate as a Community Redevelopment Agency with regard to a Community Redevelopment Area within the City Limits of the City; and WHEREAS, the City Council of Daytona Beach Shores engaged in the rehabilitation, conservation and redevelopment of the State Road A1A northern corridor area and advanced the public interest using tax increment financing for the benefit of the public interest and the advancement of the public health, safety, morals and welfare; and WHEREAS, the City of Daytona Beach Shores recognizes one of the primary purposes of the City and the County approving the original Community Redevelopment Agreement in 2006 was to create off-beach parking; and WHEREAS, the City of Daytona Beach Shores is seeking early termination of the Community Redevelopment Agreement with the County; and WHEREAS, the last parking milestone for 2010 established by the original Community Redevelopment Agreement called for the creation of 300 off-beach parking spaces; and WHEREAS, the City of Daytona Beach Shores accomplished the goal of creating the 300 off-beach parking spaces as of 2010; and WHEREAS, the City of Daytona Beach Shores recognizes the need for the flexibility within the Community Redevelopment Area regarding parking and future redevelopment needs; and WHEREAS, the City Council of the City of Daytona Beach Shores appreciates the good working relationship that it has with the Volusia County Council and the positive ways in which the staffs of the two governments have worked together over time; and WHEREAS, the City Council of the City of Daytona Beach Shores desires to provide the Volusia County Council the statements of intent and expression of a commitment to adhere to the requirements called for in the Community Redevelopment Agreement relative to off-beach parking spaces. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AS FOLLOWS: SECTION ONE. LEGISLATIVE FINDINGS. The City of Daytona Beach Shores has complied with all requirements and procedures of (a). Florida law in processing this Resolution. (b). The City Council of the City of Daytona Beach Shores expresses its profound appreciation to former members of the City Council and the citizens of the City for their continued support of community redevelopment activities within the City and the advancement of the high quality life that is enjoyed within the City. The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of (c). the City Council of the City of Daytona Beach Shores and are incorporated into this Resolution as if set forth in haec verba. SECTION TWO. INTENT OF CITY OF DAYTONA BEACH SHORES RELATIVE TO OFF-BEACH PARKING. (a). It is the intent of the City of Daytona Beach Shores to maintain the existing level of off- beach parking within the original boundaries of the Community Redevelopment Area following the termination of the Community Redevelopment Agency and the Community Redevelopment Agreement with Volusia County relating thereto. (b). If a parking area established within the original boundaries of the Community Redevelopment Area as part of the community redevelopment activities of the City is sold or abandoned, the City of Daytona Beach Shores will make reasonable efforts to re-establish those off-beach parking spaces elsewhere within the former Community Redevelopment Area boundaries. SECTION THREE. IMPLEMENTING ADMINISTRATIVE ACTIONS. (a). actions in order to implement the provisions of this Resolution. The City Manager is hereby authorized to take any and all necessary administrative (b). The appropriate offices of Volusia County and such other entities and persons as may be prudent or appropriate shall be notified by the City Manager, or designee, of the actions taken by the City in this Resolution. SECTION FOUR. SAVINGS. The prior actions of the City of Daytona Beach Shores relating to community redevelopment and related actions and activities are hereby ratified and affirmed. SECTION FIVE: CONFLICTS. All resolutions or parts thereof in conflict with this Resolution are hereby repealed to the extent of such conflict. Mayor, Harry Jennings SECTION SIX. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION SEVEN. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. CITY OF DAYTONA BEACH SHORES, FLORIDA By: ________________________ ATTEST: By: ___________________________ APPROVED AS TO FORM AND LEGALITY: By: ___________________________ Passed and adopted on first reading this day of, 2013. Posted this day of, 2013. _____________________________ Cheri Schwab, City Clerk Lonnie Groot, City Attorney Michael T. Booker, City Manager STAFF REPORT FOR THE CITY COUNCIL NOVEMBER 12, 2013 APPLICATION NO: PROJECT NAME: PROJECT LOCATION: OWNER: APPLICANT/DEVELOPER: CWH Real Estate Services, LLC. - William Hanks STAFF CONTACT: REQUEST: RSP 12013012 Publix No. 00248 3044 S. Atlantic Avenue (Short Parcel ID 5327-06-05-0015) PUBLIX SUPER MARKETS INC Stewart Cruz, City Planner Approval of the RSP 12013012, which would permit the construction of a new 48,893 s.f. Publix Supermarket with a pharmacy and liquor store. A. EXISTING ZONING AND LAND USE SUBJECT PROPERTY: GC-2 Retail/Service Commercial District SURROUNDING PROPERTY: Table 1 below provides a narrative description of the zoning district classifications and current land uses (i.e., existing development) for the subject properties and surrounding area. Table 1: Zoning and Land Use Area Description Zoning Location Subject Property North South East West Notes: * P = Public/Quasi-Public District; +T-RMF-1 = Hotel/Motel - Multi-Family Residential (High Density) District; #PUD = Planned Unit Development. Publix Supermarket Walgreens Pharmacy, Oceans Racquet Club Bank of America, McElroy Park Oceans Atrium COA and Oceans Three COA Oceans West Common Area & 1 Oceans West COA GC-2 GC-2, P* GC-2, P T-RMF-1+ PUD# Current Land Use The proposed Publix Supermarket (including a pharmacy and liquor store) is a retail/service use. Retail/service uses are listed as permitted uses in the GC-2 District as prescribed in the Citys Land Development Code (Sec. 14-23). B. COMPREHENSIVE PLAN UPDATE 2020 According to the Citys Adopted Comprehensive Plan (2020) Future Land Use Map, the future land use (FLU) classification of the subject property is Retail/Service Commercial. Said FLU City Council Staff Report RSP 12013012: Publix No. 00248 Page 1 of 4 November 12, 2013 classification allows retail/service commercial establishments such as the proposed Publix development. Therefore, the proposed development is consistent with the Citys Adopted Comprehensive Plan (2020) and designated FLU classification. C. REVIEW AND COMMENTS PLANNING Stewart Cruz, City Planner The applicant is proposing to construct a modern 48,893 square feet Publix Supermarket with a liquor store, indoor and drive-thru pharmacy at 3044 S. Atlantic Avenue. The total acreage of the development site is 4.54ac. The site will maintain existing vehicular and pedestrian access from the abutting S. Avenue to the east and Oceans West Boulevard to the north. The cross access vehicular driveway currently shared between Publix and Bank of America will also continue to exist. A new five (5) foot wide pedestrian walkway from S. Atlantic Avenue to the store will traverse the parking lot, allowing pedestrians a direct and safe route to through the parking lot to the store main entryway. Due to the intensity of the proposed development, 182 parking spaces are required; however, the plan identifies 185 parking spaces on the site, eight (8) of which will be handicap accessible. Employee parking will remain south of the building. There will also be four (4) shopping cart storage carrousels in the main parking lot east of the building. The 1,400 square feet liquor store is to be located on the north end of the principal structure while the drive-thru pharmacy is located on the south. The site will be striped and signed appropriately to direct customers to the drive-thru pharmacy. The operational services area will remain on the west side of the building. This area will house the refuse compactor and a covered loading dock. A six (6) foot high decorative wall will be placed adjacent to the western property line. Said wall and existing landscaping are to serve as a visual buffer from street level. The life safety generator and standby generator are to be located on the northwest side of the building. The landscape plan does not meet all the Citys landscape design requirements, which include: Sec. 14-46.5 of the Citys LDC, entitled Landscape Design Standards, to allow the construction of parking rows without the required interior landscape island. Sec. 14-46.5 of the Citys LDC, entitled Landscape Design Standards, to allow the construction of parking rows without the required terminal landscape island. Sec. 14-46.5 of the Citys (LDC, entitled Landscape Design Standards, to allow the development of a nonresidential lot with fewer trees on site than required. Sec. 14-46.5 of the Citys LDC, entitled Landscape Design Standards, to allow the construction of vehicular use areas without the required 10-foot perimeter landscape strip abutting rights-of-way. Sec. 14-46.5 of the Citys LDC, entitled Landscape Design Standards, to allow the construction of vehicular use areas without the required 5-foot perimeter landscape strip abutting the interior lot line of an adjacent property. City Council Staff Report RSP 12013012: Publix No. 00248 Page 2 of 4 November 12, 2013 The applicant has elected to address these issues through a development agreement with the City in lieu of applying for variances. The proposed color scheme is also inconsistent with the Citys mandatory exterior color standards. The proposed Spicy Hue, Tassel and Baked Clay colors are not located on the Citys Official Color Palette. These deeper colors were selected by the owner/applicant due to their observations that lighter colors in Florida near the marine environment have to be replaced around three (3) years, unlike the deeper colors which tend to last longer. In addition, the proposed accent and trims exceed the permitted limits on the building. The owner/applicant has elected to address these issues through a development agreement with the City. No variances were associated with this project. For further details please see the attached site development plan review checklist (attached). COMMUNITY SERVICES Fred Hiatt, Director / Building Official The Director has reviewed the site plan his comments are being addressed. PUBLIC WORKS Brian Edwards, Deputy Director / Facilities Superintendent The Facilities Superintendent has reviewed the site plan, including the landscaping and irrigation plan, and his comments have been addressed. PUBLIC SAFETY Terry Griffiths, Commander / Fire Marshal The Commander has reviewed the site plan and his comments have been addressed. ENGINEERING Jennifer Deal, P.E. - Tetra Tech HAI The Citys engineering consultant has reviewed the site plan and her comments have been addressed. COMMUNITY REDEVELOPMENT AREA This project is not located in the Community Redevelopment Area (CRA). BEAUTIFICATION ADVISORY BOARD On October 17, 2013, the Daytona Beach Shores Beautification Advisory Board unanimously recommended approval of the landscape/irrigation plan associated with RSP 12013012 with the condition that the proposed Publix development agreement is approved by the City Council. The Board also recommended approval of the architectural scheme on the condition that the color Spicey Hue is toned down by utilizing a color in the same family that is less deep (ie, lighter). PLANNING AND ZONING BOARD On October 8, 2013, the Daytona Beach Shores Planning and Zoning Board unanimously recommended approval of RSP 12013012 with the condition that the proposed Publix development agreement is approved by the City Council. City Council Staff Report RSP 12013012: Publix No. 00248 Page 3 of 4 November 12, 2013 D. STAFF RECOMMENDATION Staff recommends approval of RSP 12013012, with the following condition: The proposed Publix development agreement is approved by the City Council. City Council Staff Report RSP 12013012: Publix No. 00248 Page 4 of 4 November 12, 2013 CONSIDERATION TO CANCEL MEETINGS ON NOV 26 AND DEC 24 Council comments Audience remarks Items for the next agenda