PLANNING AND ZONING BOARD Council Chambers 3048 S. Atlantic Avenue Daytona Beach Shores, Florida Monday, July 10, 2017 8:30 a.m. AGENDA CALL TO ORDER AUDIENCE REMARKS: Time for citizens and members of the audience to be heard with regard to items not on the agenda. The audience will be given the opportunity to speak regarding agenda topics prior to each vote before the Planning and Zoning Board. APPROVAL OF MINUTES: PUBLIC HEARING: Minutes of Planning and Zoning Board Meeting of May 8, 2017 1) Ordinance 2017-XX Boat House Height 2) SPEX Special Exception concession parking ancillary facility 3) Rezoning Application Volusia County 3167/3169 S. Atlantic Avenue 4) Rezoning Application Volusia County 3621 S. Atlantic Avenue ACTION/DISCUSSION: REMARKS OF STAFF REMARKS OF BOARD MEMBERS ADJOURNMENT NOTICES: Notice is hereby given to all interested parties that if any person should decide to appeal any decision made at the aforementioned meeting of the P&Z Board, 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. Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations for this public meeting should contact the City Clerk, City of Daytona Beach Shores, at least five working days prior to the meeting. PLANNING AND ZONING BOARD 3048 S. Atlantic Avenue Daytona Beach Shores, Florida MINUTES May 8, 2017 Members present: Harold Needham, Marianne Bachstein, Chuck Pula, and Rose Ann Tornatore. Excused: Jim Lilly. Staff present: Board Attorney Lonnie Groot, City Planner Stewart Cruz and Community Services Director Fred Hiatt. The Chair called the meeting to order at 8:30 am. AUDIENCE REMARKS: None. APPROVAL OF MINUTES: Mr. Pula moved, seconded by Mr. Needham to approve the minutes of January 9, 2017. The motion was unanimously approved by a voice vote. PUBLIC HEARING: Minutes of Planning and Zoning Board Meeting of January 9, 2017 1) Ordinance 2017- XX Off-Beach Parking City Planner Cruz presented his staff report to the board. He explained that the proposed ordinance would amend the Land Development Code in the following manner: 1) prohibit new parks and off-beach parking facilities on the east side of S. Atlantic Avenue in the P Public/Quasi Public Zoning District, (2) prohibit storage facilities on the east side of S. Atlantic Avenue in P Public/Quasi Public Zoning District, (3) eliminate permanent parking as a principal use by means of a special exception in all districts; (4) permit permanent parking and off-beach parking as principal uses by means of special exception in the GC-RD, GC-1 and GC-2 zoning districts (west side of S. Atlantic Avenue); and (5) establish special exception development standards and conditions for parking and off-beach parking in the City of Daytona Beach Shores. If approved, the ordinance would grandfather existing off-beach parking and parks located on the east side of S. Atlantic Avenue within the city limits. Mr. Pula inquired how many parking spaces were available in the three beachfront parks currently. Mr. Cruz stated approximately 100. The next question was on beach access ramps, but he was informed those would not be impacted as they are considered a right-of-way. Ms. Tornatore inquired how many properties on the eastside are available to be redeveloped. Mr. Cruz responded that it was hard to know what a developer intended. Director Hiatt explained that he had done a study on vacant property and there are five vacant sites. Ms. Tornatore inquired what the urgency was and the Board Attorney explained it was the prudent thing to do in order to enact the code. He stated that it would not impact Volusia County as they cant develop their property as a parking lot due to the inconsistency of the Citys Comprehensive Plan. Director Hiatt stated this has been an understood principle that has been in our comprehensive plan, but for whatever reason, it had not been updated with the LDC. Clay Irvin, Director of Growth and Resources with Volusia County requested the board to continue the item for one month so they could present it to the County Council. Their primary concern was that the county is responsible for the entire beach and its accessibility. There is currently an application with the city to rezone their properties. The also submitted site plans last Friday. The Board asked him what was going to be built on the property and he responded parking with restroom facilities. This was needed for beach accessibility due to high tides and the Department of Environmental Protection incidental take permit. He further stated that driving on the beach impacts the sea life habitat. Jessica Winterwerp, another county employee, stated that the city had 30% of the total beach accessible property in the county. She felt parking was needed on the eastside for better handicap accessibility. Attorney Groot informed the board that the county having the incidental take permit doesnt impact their decision on the proposed ordinance. Director Hiatt explained that city staff did not wish to continue the item as it had been advertised. He felt there was adequate time to get input from the county before it would be adopted by the City Council. Mr. Pula moved, seconded by Mr. Needham to recommend approval of the proposed ordinance to the City Council. The motion passed 3-1 by a roll call vote with Ms. Tornatore dissenting. ACTION/DISCUSSION: None. REMARKS OF STAFF: None. REMARKS OF BOARD MEMBERS: None. ADJOURNMENT: The meeting ended at 9:04 am. ATTEST: CITY OF DAYTONA BEACH SHORES ________________________________ Cheri Schwab, City Clerk ____________________________ Rose Ann Tornatore, Chairman TO: Planning and Zoning Board Stewart Cruz City Planner City of Daytona Beach Shores Community Services Department 2990 South Atlantic Avenue Daytona Beach Shores, FL 32118 Telephone (386) 763-5377 July 10, 2017 Fred Hiatt Director FROM: CC: SUBJECT: Ordinance 2017-XX Boat House Height DATE: Proposed Ordinance 2017-XX, if approved, would amend the Daytona Beach Shores Land Development Code to increase the maximum boat house (and similar structures) height from 12 to 15 feet above the water at mean high tide within the City of Daytona Beach Shores. The proposed amendment originated at the request of a local marine construction business owner (Exhibit A). Upon researching east side Volusia County local governments land development regulations, staffs analysis determined that the average maximum boat house height allowed is 15 feet above the water at mean high tide (Exhibit B). Staff also determined registered mechanically propelled boats have been increasing in length over the last few years (Exhibit C). This increase generally translates to an increase in height of boats. In an effort to accommodate City residents owning property along the Halifax River considering current trends and the potential aesthetic impacts of taller boat houses, staff is recommending approval of proposed Ordinance 2017-XX to increase the maximum allowed height of boat houses and similar structures consistent with the average east side maximum of fifteen (15) feet. EXHIBIT A EXHIBIT B EASTVOLUSIABOATHOUSEHEIGHTSUMMARY MAXHEIGHTPERMITTED (ft) JURISDICTION DaytonaBeach DaytonaBeach Shores HollyHill OrmondBeach PonceInlet PortOrange SouthDaytona VolusiaCounty Average 18 12 18 18 15 12 12 15 15 EXHIBIT C STATEREGISTEREDMECHANICALLYPROPELLEDBOATS BoatSize under16 16to25 26to39 2016 38.00% 59.46% 4.48% Source:USDepartmentofHomelandSecurity,2016 2011 40.73% 53.60% 3.86% 2014 38.62% 55.44% 3.95% ORDINANCE 2017-XX AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, RELATING TO BOAT HOUSES; AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING APPENDIX G, AMENDING CHAPTER 14 ENTITLED ZONING REGULATIONS, BY AMENDING SECTION 14-37 ENTITLED BOAT DOCKS AND BOAT INCREASE THE MAXIMUM PERMITTED HOUSES TO FOR HEIGHT BOAT OF ENFORCEMENT AND FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PROVIDING PROVIDING PENALTIES; HOUSES; 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 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 WHEREAS, the boat houses offer protection, security and convenience in storing and launching recreational watercrafts; and WHEREAS, the average maximum allowed boat house height permitted in east Volusia jurisdictions is fifteen (15) feet above the water level at mean high tide; and WHEREAS, the City of Daytona Beach Shores is maximum allowed boat house height permitted is twelve (12) feet above the water level at mean high tide; and WHEREAS, the boat docks and boat houses regulations of the City of Daytona Beach Shores Land Development Code were adopted in 1993; and WHEREAS, the size and height of recreational boats have increased over time requiring larger boat houses; and WHEREAS, the City Council of the City of Daytona Beach Shores finds that it is in the best interests and welfare of the citizens of the City to enact this Ordinance allowing a nominal increase in the maximum allowed boat house height permitted; and Ord. 2017-XX-Boat House Height Page 1 of 4 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 protects the City against assertions and applications that would violate the City's land use constitution; and WHEREAS, the recitals to this Ordinance (whereas clauses) are adopted as the legislative findings and intent of the City Council of the City of 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 14-37, Land Development Code, Chapter 14, Appendix G, Code of Ordinances of the City of Daytona Beach Shores, entitled Boat Docks and Boat Houses, is amended to read as follows: Sec. 14-37. Boat docks and boat houses. The following regulations shall apply in all zoning districts: 1. No boat house, shelter or other similar enclosed structure extending into any waterway shall have more than a four hundred (400) square foot area. The roof of such structure at its highest point shall not be more than twelve (12) fifteen (15) feet above the water level at mean high tide. 2. No more than one (1) boat house, shelter or other similar structure shall be 4. Boat docks, boat houses or other similar structures may be constructed channelward of the bulkhead lines provided they are constructed in accordance with the zoning regulations and other applicable county, state and federal regulations. SECTION TWO: ENFORCEMENT, PENALTIES AND APPEALS. (a). requirements of this Ordinance. It is prohibited and unlawful for any person to fail to comply with the permitted for each residence located on waterfront property. 3. No boat house, shelter or other similar structure shall be used for dwelling purposes nor contain any sleeping or living quarters. Ord. 2017-XX-Boat House Height Page 2 of 4 (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 and Section 1.8 of the Code of Ordinances of the City of Daytona Beach Shores, Florida. (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 THREE: SAVINGS. The prior actions of the City of Daytona Beach Shores relating to the regulation of the matters and uses which are the subject of this Ordinance are hereby ratified and affirmed. SECTION FOUR: 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, Six and Seven shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. The legislative intent set forth in the recitals to this Ordinance shall be codified. SECTION FIVE: CONFLICTS. with this Ordinance are hereby repealed to the extent of such conflict. SECTION SIX: 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. 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 All ordinances or parts thereof in conflict SEVERABILITY. This Ordinance shall take effect Ord. 2017-XX-Boat House Height Page 3 of 4 Passed on first reading this ______ day of ________, 2017. Adopted on second reading this _______ day of _______, 2017. Ord. 2017-XX-Boat House Height Page 4 of 4 STAFF REPORT FOR THE PLANNING AND ZONING BOARD JULY 10, 2017 SPEX 12017006 Chuckles, LLC-Concession Parking Ancillary Facility APPLICATION NO: PROJECT NAME: PROJECT ADDRESS: 2200 S. Atlantic Avenue APPLICANT/OWNER: Chuckles LLC/Daniel Kontny REQUEST: Pursuant to Section Ordinance 2017-01, the applicant is requesting a special exception to allow the establishment of Concession Parking Ancillary Facility in the northwest corner of 2200 S. Atlantic Avenue. A. BACKGROUND In 2016 applicant Don Kontny with Chuckles, LLC approached the City regarding establishing an ordinance that would allow concession parking ancillary facilities within City Limits. If approved the applicant would then qualify to apply and legitimize their existing beach concession ancillary facility located at northwest corner of the building in the Win Dixie Plaza (2200 S. Atlantic Avenue). On February 14, 2017 the City Council adopted Ordinance 2017-01 thereby allowing concession parking ancillary facilities within City Limits by means of a special exception - hence the application in question. Pursuant to Ordinance 2017-01, a special exception application for concession parking ancillary facilities must be reviewed by the Planning and Zoning Board for a recommendation before proceeding to the City Council for final decision. B. Subject Property: Surrounding Property: GC-RD (General Commercial-Redevelopment District): Win Dixie Commercial Plaza ZONING AND LAND USE North: South: East: West: GC-RD (General Commercial-Redevelopment District): Metz Lounge & Package Store, vacant commercial GC-RD: IHOP Restaurant; RMF-3: Mixed use plaza, residences T/RMF-1: Perryss Resort, El Caribe Resort Daytona Beach Residential Zoning: Daytona Beach Single-family residences PROJECT DESCRIPTION C. The proposed site in question is located at 2200 S. Atlantic Avenue on the west side of S. Atlantic Avenue in the Win Dixie Plaza. The site has an acreage of 4.8 and a total gross floor area of 47,450 square feet. The facility however would be located in the northwest section of the plaza occupying 2,100 square feet of indoor building space. The plaza has vehicular and pedestrian access from S. SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 1 of 9 July 10, 2017 Atlantic Avenue (east), Moore Avenue (south) and Boynton Boulevard (west). The proposed concession parking ancillary facility would be used to support the on site beach concession parking consistent with the Ordinance 2017-01. Therefore, the facility shall confirm with, among other things, the following definition: Concession Parking Ancillary Facility: An enclosed building used to provide ancillary support of bona fide concession vehicles permitted to park onsite which facility may contain subordinate uses including, but not limited to, office, non-hazardous dry storage and minor concession vehicle maintenance and repair. Food preparation and cooking are prohibited and unlawful; provided, however, that ice machines, freezers and other appliances supporting bona fide concession vehicles permitted to park onsite are permitted (Sec. 2-2 Daytona Beach Shores Land Development Code). D. Ordinance 2017-01 gives the Planning & Zoning Board the authority to make recommendations on special exception requests for parking, with final approval by the City Council, however, certain criteria must be met. There are two sets of criteria that need to be met when considering the grant of a special exception for beach concession ancillary facilities in the City of Daytona Beach Shores. These criteria are outlined under sections 14-69.1 of the Land Development Code (LDC) and those outlined in Ordinance 2017-01. Parts I and II below provide analyses of the former and latter, respectively. The application and site plan can be seen in Exhibit A attached. STAFF REVIEW AND COMMENTS PART I When considering a special exception request, the following criteria under Section 14-69.1 of the Land Development Code shall be considered. 1. In granting any special exceptions the Board shall find that such grant will not authority [adversely] affect the public interest. The proposed facility does not appear to adversely affect the public interest, providing said facility is operated and maintained in good standing pursuant to Ord. 2017-01 and other applicable city regulations. 2. In granting any special exception, the Board may prescribe appropriate conditions and safeguards pursuant to this ordinance and the regulations enacted under it, which are consistent with the protection of the public health, safety, morals or general welfare. Violation of such conditions and safeguards when made a part of the terms under which a special exception is granted shall be deemed a violation of the ordinance and regulations promulgated hereunder. The applicant agrees to the aforementioned. 3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both. SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 2 of 9 July 10, 2017 The applicant agrees to the aforementioned. 4. The following standards shall be applicable in determining whether the Board shall grant or deny a special exception, in addition to the aforementioned provisions, or provisions set forth in zoning regulations adopted pursuant to this ordinance. a. The grant of a special exception shall be in harmony with the purpose and intent of this ordinance and the zoning regulations and any comprehensive plans promulgated hereunder, particularly those applicable to the zoning classification in which the special exception is located. The grant of this special exception does not contravene Ordinance 2017-01, the Citys zoning regulations or the Citys Adopted Comprehensive Plan. b. The Board may not grant a special exception unless the applicant has demonstrated his compliance, or ability to comply with, the conditions imposed by the zoning regulations. Notwithstanding Ordinance 2017-01, there are no additional zoning regulations that concerning concession parking ancillary facilities. Therefore, if approved, this special exception shall be consistent with and pursuant to Ordinance 2017-01. c. The Board must find that the applicant has submitted sufficient evidence to assure that he is or will be able to comply with all requirements of the city or state agencies having jurisdiction over the particular use, and the Board may require appropriate guarantees to assure compliance. The applicant has agreed in writing to comply with all applicable requirements pursuant to Ordinance 2017-01. d. The Board shall find that the proposed use will not generate an undue amount of traffic congestion, which would tend to create a hazard or danger to the public or to persons in the vicinity from such use, or create a public nuisance. The traffic generated by the concession parking ancillary facility is already existing as the use has been operating for several years. The existing traffic does not appear to create traffic congestion, which would tend to create a hazard or danger to the public or to persons in the vicinity from such use, or create a public nuisance. e. The Board shall find that the special exception will not materially alter the character of the surrounding neighborhood or adversely affect the value of surrounding lands, buildings or natural resources. The concession parking ancillary facility has been in operation for several years and does not appear to have materially altered the character of the surrounding neighborhood or adversely affect the value of surrounding lands, buildings or natural resources, primarily because all activities are conducted indoors. SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 3 of 9 July 10, 2017 f. The Board shall find that the special exception will not adversely affect the natural environment, natural environment [resources] or scenic beauty, or give rise of any pollution of the air, land or water, or cause unnecessarily injurious heat, noise or odor. The proposed establishment should not adversely affect the natural environment, natural environment [resources] or scenic beauty, or give rise of any pollution of the air, land or water, or cause unnecessarily injurious heat, noise or odor. The proposed use is on a developed site and said use is not hazardous or industrial in nature or application. PART II Ordinance 2017-01 also lists specific criteria for special exceptions for parking, which should be considered. Please see Exhibit B attached for full analysis. CRITERIA SUMMARY: Based on staffs interpretation of the facts and evidence provided, the following table was derived to assist the Boards decision-making process. The evaluation criteria are required by the Citys LDC. Table 1: Evaluation Criteria Criteria 14-69-1 1 2 X X Criteria Met Criteria Not Met Criteria Partially Met As seen in Table 1 above and Exhibit B attached, all criteria are met. E. STAFF RECOMMENDATION Total 9 0 0 4f X 4e X 4b X 4a X 4c X 4d X 3 X Pursuant to Ordinance 2017-01 and Section 14-69.1 of the LDC and considering the evidence provided and analysis conducted, staff recommends that the Planning and Zoning Board recommend approval of Special Exception Application SPEX 12017006 to the City Council. SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 4 of 9 July 10, 2017 EXHIBIT A SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 5 of 9 July 10, 2017 Ordinance 2017-01 Concession Parking Ancillary Facility Requirements NOTE: Staff analysis is in underline format EXHIBIT B 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: *** 4. Concession Parking Ancillary Facility. To provide for the sound development of concession parking ancillary facilities, as defined in Appendix G, Section 2-2 of this Code, a concession parking ancillary facility may be permitted upon issuance of a development order granting a special exception in the GC-RD zoning district subject to the following development standards being proven to exist by the applicant: a. Location Requirements. (1) The property must have at least two (2) street frontages and vehicular access points. Property has three frontages: S. Atlantic Avenue, Boynton Boulevard and Moore Avenue. (2) The property shall not be located within one (1) mile of an existing concession parking ancillary facility site. No concession parking ancillary facility exists within one mile of the site. (3) The property must be located within a shopping plaza. The facility is located in the Win Dixie Plaza. (4) The property must be assigned the GC-RD zoning district on the effective date of this Ordinance. The property is currently zone GC-RD. b. Property Dimensions and Size Requirements. (1) A minimum of three hundred feet (300) of frontage along State Road A1A. The property has a frontage of <300 feet along SR A1A. (2) Minimum shopping plaza property area of one hundred thousand (100,000) square feet. The shopping plaza has an area of 210,488 sf. c. Orientation Requirements. (1) The principal building, service and maintenance areas shall not be oriented toward residential districts or visible from State Road A1A. The principal building is oriented to the north towards the GC-RD district and is not visible from SR A1A. (2) Primary building entry shall not front State Road A1A. The primary building entrance does not front SR A1A. SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 6 of 9 July 10, 2017 (3) Concession vehicular entrance shall not be from State Road AIA. Concession vehicular entrance shall be from Boynton Boulevard. d. Permits and Protection Required. (1) All appliances, equipment, structures and supporting infrastructure on site including, but not limited to, those in the concession parking area and inside the principal building, shall be subject to permitting and inspection by the City. Development Order shall be conditioned on the aforementioned requirement. (2) Any new appliance, equipment or structure to be located on the property shall be subject to permitting and inspection by the City and the locational requirements of this Ordinance. Development Order shall be conditioned on the aforementioned requirement. (3) All devices, appurtenances, appliances and apparatus intended to serve a special function such as, but not limited to, sterilization, distillation, processing, cooling, or storage of ice or foods, and that discharge to the drainage system, shall include systems, acceptable to the City, which protect against backflow, flooding, fouling, contamination and stoppage of the drain; provided, however, that bathroom vanity sinks are exempt from this provision. Development Order shall be conditioned on the aforementioned requirement. e. Vehicle Concession Parking Restrictions. Development Order shall be conditioned on the following requirements. (1) Concession may be permitted to the existing parking area permitted prior to the approval of the ancillary facility which area shall be depicted on the development order approving the special exception. (2) All concession vehicles parked on the property shall prominently display a current Florida vehicle registration on all vehicles. (3) All concession vehicles parked on the property shall maintain a current State Mobile Food Dispensing Vehicle License. f. Maintenance of Structures. Development Order shall be conditioned on the following requirements. (1) The principal structure and accessory structures on the property including, but not limited to, those located in the concession parking area and by example only, fences, walls and dumpster enclosures shall be opaque, structurally sound and well maintained pursuant to Section 14-52.9 of this Code. (2) All new accessory structures shall be consistent with the approved architectural treatment and style of the principal building to create a uniform architectural style and appearance as determined by the Building Official, based upon sound and generally accepted architectural and land use planning practices and principles. The burden of proof shall be on the property owner to meet this requirement. g. Vehicular Maintenance and Repair Requirements. Development Order shall be conditioned on the following requirements. SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 7 of 9 July 10, 2017 (1) Vehicular lifts and ramps are prohibited and unlawful. (2) Major equipment and vehicular repair, as determined by the Building Official including, but not limited to, body work and engine repair, are prohibited and unlawful. (3) It is prohibited and unlawful to engage in any type of vehicular maintenance which is visible from any public right-of-way. (4) Maintenance equipment including, but not limited to, air pumps and vacuums, shall be located outside the required yard setbacks. h. Signage Requirements. Development Order shall be conditioned on the following requirements. (1) Signage on or through the windows of the principal building are prohibited and unlawful. (2) Banners on the principal building are prohibited and unlawful. i. Outdoor Displays, Storage, Equipment and Supplies Requirements. Development Order shall be conditioned on the following requirements. (1) Outdoor displays and storage are prohibited and unlawful. (2) All portable equipment, merchandise, vehicle maintenance supplies, etc. shall be stored in a safe and orderly manner entirely inside the principal structure. l. Fuel Storage and Sale Requirements. Development Order shall be conditioned on the following requirements. (1) Existing outdoor fuel storage tanks containing fuel used solely for offsite beach concession cooking and which are approved by the State and City may remain aboveground and maintained according to controlling law. (2) Proposed new outdoor fuel storage tanks containing fuel may be used solely for offsite beach concession cooking and shall be located underground as permitted by the State and the City. (3) The distribution of offsite beach concession cooking fuel shall be limited solely to bona fide concession vehicles, which utilize the site year round for overnight parking. (4) Outdoor storage and or sale of petrol fuel used for transportation is prohibited and unlawful. (5) Indoor storage of fuel of any kind including, but not limited to, portable containers, is prohibited and unlawful. j. Lighting Requirements. Development Order shall be conditioned on the following requirements. (1) Neon lighting on buildings and structures is prohibited and unlawful. (2) All lighting shall, at a minimum, conform to the Volusia County sea turtle lighting standards. (3) Glare and direct lighting projecting into any right-of-way or residential district is prohibited and unlawful. SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 8 of 9 July 10, 2017 k. Duration of Special Exception. Development Order shall be conditioned on the following requirements. A special exception permitting a concession parking ancillary facility may be approved by the City Council, but only for a period up to one (1) year. Thereafter, the special exception is subject to extension by the City Council if application is made for the extension at least ninety (90) days prior to termination of the development order. Extensions may be granted for a maximum of up to one (1) year; provided, however, that no more than five (5) total extensions shall be granted. l. Hours of Operation Requirements. Development Order shall be conditioned on the following requirements. (1) It is prohibited and unlawful to engage in loading or unloading activities earlier than one (1) hour prior to sunrise and later than (1) hour after sunset. (2) All other external activities and uses including, but not limited to, repair and maintenance, shall be limited to the construction hours prescribed in Section 16-53 of the Daytona Beach Shores Code of Ordinances. m. Current Business Tax Receipt and Certificate of Use. Development Order shall be conditioned on the following requirements. (1) All facilities shall maintain an active and current business tax receipt and certificate of use pursuant to the Citys Code of Ordinances and Land Development Code. n. Quarterly Inspections and Termination of Development Order. Development Order shall be conditioned on the following requirements. (1) All facilities shall be inspected quarterly by the Building Official, or designee, for consistency with this Code and the development order. (2) As a condition of the approval of the special exception, as set forth in the development order, the Building Official, or designee, will be authorized by the property owner to conduct random inspections of the permitted facilities in order to ensure that the public health, safety and welfare are protected; provided, however, that the Building Official shall provide at least twenty-four (24) hours notice to the property owner or designee. SPEX 12017006 / Chuckles, LLC Staff Report for the Planning and Zoning Board Page 9 of 9 July 10, 2017 STAFF REPORT TO THE PLANNING AND ZONING BOARD JULY 10, 2017 Rezoning Application: RZ12016019 ITEM: PROJECT NAME: Volusia County Proposed Amendment to the Citys Zoning Map LOCATION: APPLICANT: STAFF CONTACT: Stewart Cruz; City Planner (386) 763-5361 REQUEST: 3167/3169 S. Atlantic Avenue County of Volusia Applicant is requesting the City amends its Official Zoning Map to change the current zoning district classification of the subject property from T-RMF-1 Hotel/Motel-Multifamily Residential (High Density) District to P Public/Quasi Public District. A. INTRODUCTION The County of Volusia, owner/applicant, request approval of the rezoning application RZ12016019, which would change the zoning district classification of the vacant high intensity property located at 3167/3169 S. Atlantic Avenue from T-RMF-1 Hotel/Motel-Multifamily Residential (High Density) District to P Public/Quasi Public District. The zoning change, if approved, would amend the City of Daytona Beach Shores Official Zoning Map to reflect the above noted request and lead to the construction of a County off-beach parking lot. B. BACKGROUND A chronological background of the rezoning applications and other related items are provided below. 1. Summer 2014: Volusia County Representatives met with Daytona Beach Shores City Manager and Community Services Director outlining the Countys plan to purchase several City properties and construct off-beach parking lots on the properties in question. Volusia County Representatives were advised that standalone parking lots were not permitted on the east side of S. Atlantic Avenue in Daytona Beach Shores. 2. November 2014: Volusia County acquires the property located at 3621 S. Atlantic Avenue for $1.4 million (Volusia County Property Appraiser Website, 2017-Exhibit A). 3. February 2015: Volusia County acquire the properties located at 3167 & 3169 S. Atlantic Avenue for $2.95 million (Volusia County Property Appraiser Website, 2017-Exhibit B). 4. August 2015: Attorney James Morris performs inquiry into the use of the abovementioned sites for off-beach parking and provides draft site plans for review (Exhibit C). 5. August 2015: City Planning Staff advises Attorney Morris of the comprehensive plan obstacles concerning the proposed use and plans submitted (Exhibit D). Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 1 of 10 6. August 2015 June 2016: Several telephone conversations and meetings between City and County staffs transpired. The City continued to reiterate its comprehensive plan challenges concerning beachside parking lots. 7. June 28, 2016: Volusia County submits zoning applications RZ12016019 and RZ12016020 to rezone 3167/3169 and 3621 S. Atlantic Avenue, respectively, from T- RMF-1: Hotel/Motel-Multifamily Residential to P: Public/Quasi Public District (Exhibit E). (High Density) District 8. July 27, 2016: City staff provides to County a Comprehensive Plan Analysis relative to the aforementioned rezoning applications (Exhibit F). 9. July 2016 May 4, 2017: Two application time extensions granted by the City Manager thereby keeping the rezoning applications active. 10. May 5, 2017: Volusia County provides response to City analysis letter dated July 27, 2016 and a request for hearing dates was made (Exhibit G). 11. May 5, 2017: Volusia County submits off-beach parking lot site plan applications for City approval (Exhibit H). 12. May 8, 2017: Planning and Zoning Board recommends approval of Ord. 2017-04 with Volusia County opposition noted on the record. 13. May 9, 2017: City staff issues Denial Development Order concerning the County site plan applications for off-beach parking lots on subject sites (Exhibit I). 14. May 15, 2017: City provides County with zoning application hearing dates. 15. May 17, 2017: Volusia County submits Notice to Appeal the Denial Development Orders concerning the County parking lots site plan applications (Exhibit J) 16. May 23, 2017: Volusia County submits addendum to Notice to Appeal the Denial Development Orders concerning the County parking lots site plan applications (Exhibit K). 17. May 23, 2017: City Council passes Ordinance 2017-04 on first reading with Volusia County opposition noted on the record. 18. June 12, 2017: Volusia County submits information objecting to Ordinance 2017-04 19. June 13, 2017: City Council continues Ordinance 2017-04 to August 8, 2017. Volusia County opposition noted on the record. 20. June 13, 2017: City Council appeal hearing date set for August 8, 2017. 21. June 22, 2017: City staff attempts to get clarification from Volusia County staff regarding concurrent dual process, ie applying for and appealing site plan denial development orders, which assumes current entitlement versus applying for rezoning of properties, which assumes entitlement does not exist (Exhibit M). 22. June 30, 2017: Volusia County Staff responds to Item 20 above (Exhibit N). (Exhibit L). 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 site and surrounding area while Figure 1 provides an aerial view of the surrounding land uses. Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 2 of 10 Table 1: 3167/3169 S. Atlantic Ave-Zoning and Current Land Use Location Current Land Use Zoning T-RMF-1 T-RMF-1 T-RMF-1 N/A GC-1 Site North South East West Notes: T-RMF-1 = Hotel/Motel District Multifamily Residential (High Density) District. GC-1 = Tourist Oriented Commercial District. Vacant Hotel/Motel: The Hyatt Place Hotel Hotel/Motel: Fantasy Island Resort 1 Atlantic Ocean Retail-Service Commercial: Surfside Plaza, Dunes Plaza Figure 1: Aerial View of Zoning Site Surrounding Neighborhood St. Croix Condo The Hyatt Place Surfside Plaza Zoning Site Dunes Plaza Fantasy Island Resort The Residence Inn Source: CONNECTExplorer, 2017 As noted in Table 1 above, the subject vacant site is currently zoned T-RMF-1 Hotel/Motel - Residential Multifamily (High Density) District. According to the Daytona Beach Shores Land Development Code, the purpose, intent and permitted uses of the existing zoning districts are as follows: Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 3 of 10 Sec. 14-21. - T Hotel/Motel District. 14-21.1. Purpose and Intent. This district recognizes the importance of attractive, well-ordered facilities for tourist accommodations and the importance of tourism in the economy of the district and the region. The T districts have access to major thoroughfares. It is not intended that these areas provide commercial facilities of a character open to the general public nor provide automotive services. The district is a specialized one, designed to protect and enhance the basic economy of the area. It is generally intended to use T district to implement the comprehensive plan within but not necessarily limited to those areas of the district shown as "hotel/motel." 14-21.2. Permitted Principal Uses. 1. Hotels, motels and tourist accommodations. 2. In connection with and accessory to hotel, motel and tourist accommodation facilities for the sale of sundries, flowers, gifts and souvenirs; newspapers and magazines and the like, personal service facilities such as barber or beauty shops; restaurants, coffee shops and cocktail lounges, shall be subject to the following limitations: a. All such facilities shall be designed and scaled to serve the guests of the accommodating establishment, and hotels, motels and tourist accommodations having less than one hundred (100) rooms shall not have restaurant, lounges or coffee shops which have a combined occupancy load of more than two (2) persons per unit based upon the occupancy load established by the building official using the codes then currently adopted by the city. b. All such facilities shall be accessible only from a foyer, interior court or corridor of the accommodating establishment. 3. All uses permitted in RMF-1 as long as they meet all dimensional requirements of an RMF-1 district. 4. Travel agency. 5. Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq. 6. Hotel suites. 14-21.3. Permitted Accessory Uses and Structures. Auditoriums, lecture halls or conference rooms accessory to a hotel or motel. Parking lots and parking garages, private and commercial. Other accessory uses and structures incidental to the permitted uses and structures. Sec. 14-18. - RMF-1 Multi-Family Residential District (High Density). 14-18.1. Purpose and Intent. The purpose and intent of the RMF-1 Multi-Family Residential District is to provide for multifamily residential living, catering to the needs of the citizens of the city desiring a well-maintained and natural on-site environment for multifamily living. 14-18.2. Permitted Principal Uses and Structures. Multifamily dwellings. Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq. 14-18.3. Permitted Accessory Uses and Structures. Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 4 of 10 Accessory uses or structures customarily incidental to the permitted principal use or structure. D. PROPOSED ZONING The proposed zoning for the subject site is P Public/Quasi Public District. According to the Citys Land Development Code, the purpose, intent and permitted uses of the proposed zoning district are as follows: 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. E. COMPREHENSIVE PLAN The Daytona Beach Shores Adopted Comprehensive Plan (2020) Future Land Use Map (FLUM) classification for the subject site is High Intensity. A complete Comprehensive Plan analysis can be seen in Exhibit F attached. F. REVIEW AND COMMENTS The subject application was received on June 28, 2017 and was initiated by the property owner- Volusia County. The subject vacant site is located at 3167/3169 S. Atlantic Avenue with a total acreage of 1.61 (70,009 square feet) and was formerly developed as the Sun Tan and Oasis motels, respectively. The site has vehicular and pedestrian access to the abutting S. Atlantic Avenue (see Figure 1 above) and a frontage of +/-212 feet. The zoning application asserted that the zoning change would result in the construction of a public park. However, the construction plans attached to the application was entitled 3167 South Atlantic Avenue Off-Beach Parking Final Site Plan (emphasis added). In addition, the plans submitted and records available to the public indicate that the site will be utilized for off-beach parking, hence the objections noted in Exhibit F attached. The site plans provided indicate that a total of 116 parking spaces would be provided on site. Green/landscape area proposed was 21.3 percent. A four-stall restroom facility is also proposed. If approved, the future development of the site will require compliance with the Citys Land Development Code (LDC) development standards. Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 5 of 10 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 in Exhibit E. 1. The proposed zoning will have a favorable or unfavorable impact on the environment and The proposed zoning change will not provide an unfavorable impact on the environment or natural resources of the area. The site in question is vacant and clear of any substantial wildlife and vegetation or sensitive habitats (Figure 2). Figure 2: Street View of Site natural resources of the area affected. Source: Google Maps 2017. 2. The proposed zoning will have a favorable or unfavorable impact on the economy of the area affected. The proposed zoning will generally have an unfavorable impact on the economy of the area as it will cement the removal of a previously developable property from the Citys limited tax base thereby reducing the future ad valorem revenue stream of the City, which could impact the quality and level of service offered by the City to its residents and visitors. In addition, by permanently removing a 1.61 acre high intensity site from future development, the City will lose a theoretical maximum residential population of 167 (97 units) or a 113-unit hotel establishment, which would generate 1,187and 1,008 Saturday and weekday trips, respectively, many of which could patronize local businesses in the area. The loss of either of these potential developments, which typically take one to two years to build and can operate for 50 plus years, will also preclude the creation of construction and permanent operation jobs and sales/services opportunities in the City and Volusia County at large. For Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 6 of 10 example, according to the Institute of Transportation Engineers in the case of a 113-unit hotel, a total of 101 permanent jobs may not be created due to the rezoning in question. 3. The proposed zoning will efficiently use or unduly burden water, sewer, solid waste disposal or other necessary public facilities, including schools. The subject property is currently vacant and has access to transportation, public schools, water, sewer, recreation and solid waste disposal services. All existing public facilities have adequate capacities to accommodate the theoretical maximum hotel/motel or residential multifamily use on site. If developed as a parking lot the presumption is that said use should not unduly burden public facilities. Staff was unable to acquire public facility generation rates for off-beach parking lots. Table 2 below provides a theoretical maximum impact analysis of the current and proposed land uses. Table 2: Impact Analysis (Theoretical Max.) Proposed Future Land Use Difference Development Variable Hotel Units Allowed Residential Units Allowed Residential Population1 Current Future Land Use 113 97 167 0 0 0 1,187 (Hotel) 28,250 (Hotel) 12,430 (Hotel) 1,130 (Hotel) n/a n/a 10 ? ? ? ? n/a n/a 0 -113 -97 -167 ? ? ? ? n/a n/a -10 Trips Generated 2 Sanitary Sewer (gallons/day)3 Potable Water (gallons/day)4 Solid Waste (lbs./day)5 Stormwater Drainage6 Recreation/Open Space7 Public School Student(s)8 Notes: 1. Population: 2. Transportation: 3. Sanitary Sewer: 4. Potable Water: 5. Solid Waste: 6. Stormwater Drainage: 7. Recreation: 1.73 persons per household (Source: 2010 US Census) Rates are for trips generated on adjacent streets: Hotel/Motel (310) Saturday trips = 10.50; High-Rise Condo (232) weekday daily trips = 4.18 250 gallons per dwelling unit per day 110 gallons per capita per day 10 pounds per capita per day LOS standard = 25 year, 24 hour event. If property is redeveloped, drainage system will be designed to meet the requirements of the Land Development Code. City currently has an oversupply of recreational facilities. Demand created by residential population under current zoning are negligible. Generation rates = 0.104 per multifamily unit. Professionally accepted generation rates for this use were unavailable. 8. Public School: 9. Off-beach Parking Lots: Sources: 2010 US Census; ITE Trip Generation Manual, 9th Edition; Policy 9-1.3 Daytona Beach Shores Comprehensive Plan Update (2020); Volusia School District 2015 Student Generation Rates. Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 7 of 10 4. The proposed zoning will efficiently use or unduly burden transportation facilities. Analysis conducted by Volusia County Staff show that the most intense traffic generating traditional public/government facility, i.e. a post office, will not unduly burden transportation facilities. There is adequate vehicular access from the abutting S. Atlantic Avenue road and the existing system of local, collector and arterial road network. The County transportation analysis (Exhibit E) shows the adjacent transportation network currently operates above the City, County and State adopted level of services. However, it is unknown how a 116 off-beach parking lot will impact local transportation facilities since no professionally accepted off-beach parking generation data appears available. 5. The proposed zoning will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment. The proposed zoning change will remove the potential development of 97 residential units on the site in question and could impact the ability of people to find adequate housing as future housing stocks are preempted from entering the housing market. 6. The proposed zoning is basically consistent with the comprehensive land use plan. No. See Exhibit F attached. 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? No. The current zoning of the property is consistent and compatible with the existing high intensity development and future land use of the area whereas the rezoning of the site for the development of a parking lot is contrary to the aforementioned. 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? No. The existing zoning of the property was not a mistake. A hotel/motel and/or residential multifamily development is consistent and compatible with the existing high intensity development and future land use of the area whereas the development of a parking lot on site is not. 9. Will the proposed change promulgate or encourage a physical benefit or have a stabilizing effect on the surrounding areas? The proposed zoning change is inconsistent with the adjacent land uses to the north and south and incompatible with the surrounding area as a whole. Therefore, the proposed change could create a destabilizing effect on the surrounding areas due to potential secondary effects such as noise, loitering, etc. Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 8 of 10 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 proposed use for the site in question creates a spot zoning scenario since parking lots are currently prohibited on the east side of S. Atlantic Avenue (Exhibit F) and parking lots are incompatible with the existing high intensity development in the area. 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? Yes. The proposed change involves singling out of a parcel of land, allowing a use totally different from that of the surrounding area (Table 1 & Figure 1), and such use would diminish the integrity of the zoning classification as parking lots are not listed as a permitted use in the T-RMF-1 or P zoning districts. 12. Is the change solely for the benefit of the owner and to the detriment of the community? The proposed change does not appear to be solely for the benefit of the owner. However, the change could be to the detriment of the community (see Response 2, 5-14). Hence the City has consistently attempted to cooperate with Volusia County in permitting west side off-beach parking lots and in fact proposed a JPA that would have permitted the subject property for development as requested while mitigating anticipated consequences. 13. Will the proposed change especially suit the applicant's own special purpose rather than serve the community? No. See Response 12 above. 14. Would the requested change materially diminish the value of surrounding properties or substantially alter the characteristics of the neighborhood? The rezoning could materially diminish the value of the surrounding properties due to potential negative secondary effects associated with off-beach parking lots. In addition, the change will substantially alter the characteristics of the neighborhood since the proposed parking lots are inconsistent and incompatible with the existing and future land uses of the area in question. Considering the above, Table 2 below provides summary of the authorization criteria, which shows only three (3) of the 14 criteria are met. 1 X Table2:AuthorizationCriteriaSummary(perSection1466.4LDC) 4 Criteria CriterionMet X CriterionNotMet CriterionPartiallyMet 3 X 2 X Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request 5 X 6 X 7 X 8 X 9 X 10 X 11 X 12 X 13 X 14 X Total 3 10 1 July 10, 2017 Page 9 of 10 H. STAFF RECOMMENDATION Staff recommends denial of RZ12016019 as presented. Staff Report: Planning and Zoning Board RZ12016019: Volusia County Rezoning Request July 10, 2017 Page 10 of 10 STAFF REPORT TO THE PLANNING AND ZONING BOARD JULY 10, 2017 Rezoning Application: RZ12016020 ITEM: PROJECT NAME: Volusia County Proposed Amendment to the Citys Zoning Map LOCATION: APPLICANT: STAFF CONTACT: Stewart Cruz; City Planner (386) 763-5361 REQUEST: 3621 S. Atlantic Avenue County of Volusia Applicant is requesting the City amends its Official Zoning Map to change the current zoning district classification of the subject property from T-RMF-1 Hotel/Motel-Multifamily Residential (High Density) District to P Public/Quasi Public District. A. INTRODUCTION The County of Volusia, owner/applicant, request approval of the rezoning application RZ12016020, which would change the zoning district classification of the vacant high intensity property located at 3621 S. Atlantic Avenue from T-RMF-1 Hotel/Motel-Multifamily Residential (High Density) District to P Public/Quasi Public District. The zoning change, if approved, would amend the City of Daytona Beach Shores Official Zoning Map to reflect the above noted request and lead to the combination with the adjacent Dahlia Avenue Beach Approach for the construction of a County off-beach parking lot. B. BACKGROUND A chronological background of the rezoning applications and other related items are provided below. 1. Summer 2014: Volusia County Representatives met with Daytona Beach Shores City Manager and Community Services Director outlining the Countys plan to purchase several City properties and construct off-beach parking lots on the properties in question. Volusia County Representatives were advised that standalone parking lots were not permitted on the east side of S. Atlantic Avenue in Daytona Beach Shores. 2. November 2014: Volusia County acquires the property located at 3621 S. Atlantic Avenue for $1.4 million (Volusia County Property Appraiser Website, 2017-Exhibit A). 3. February 2015: Volusia County acquire the properties located at 3167 & 3169 S. Atlantic Avenue for $2.95 million (Volusia County Property Appraiser Website, 2017-Exhibit B). 4. August 2015: Attorney James Morris performs inquiry into the use of the abovementioned sites for off-beach parking and provides draft site plans for review (Exhibit C). 5. August 2015: City Planning Staff advises Attorney Morris of the comprehensive plan obstacles concerning the proposed use and plans submitted (Exhibit D). Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 1 of 10 6. August 2015 June 2016: Several telephone conversations and meetings between City and County staffs transpired. The City continued to reiterate its comprehensive plan challenges concerning beachside parking lots. 7. June 28, 2016: Volusia County submits zoning applications RZ12016019 and RZ12016020 to rezone 3167/3169 and 3621 S. Atlantic Avenue, respectively, from T- RMF-1: Hotel/Motel-Multifamily Residential to P: Public/Quasi Public District (Exhibit E). (High Density) District 8. July 27, 2016: City staff provides to County a Comprehensive Plan Analysis relative to the aforementioned rezoning applications (Exhibit F). 9. July 2016 May 4, 2017: Two application time extensions granted by the City Manager thereby keeping the rezoning applications active. 10. May 5, 2017: Volusia County provides response to City analysis letter dated July 27, 2016 and a request for hearing dates was made (Exhibit G). 11. May 5, 2017: Volusia County submits off-beach parking lot site plan applications for City approval (Exhibit H). 12. May 8, 2017: Planning and Zoning Board recommends approval of Ord. 2017-04 with Volusia County opposition noted on the record. 13. May 9, 2017: City staff issues Denial Development Order concerning the County site plan applications for off-beach parking lots on subject sites (Exhibit I). 14. May 15, 2017: City provides County with zoning application hearing dates. 15. May 17, 2017: Volusia County submits Notice to Appeal the Denial Development Orders concerning the County parking lots site plan applications (Exhibit J) 16. May 23, 2017: Volusia County submits addendum to Notice to Appeal the Denial Development Orders concerning the County parking lots site plan applications (Exhibit K). 17. May 23, 2017: City Council passes Ordinance 2017-04 on first reading with Volusia County opposition noted on the record. 18. June 12, 2017: Volusia County submits information objecting to Ordinance 2017-04 19. June 13, 2017: City Council continues Ordinance 2017-04 to August 8, 2017. Volusia County opposition noted on the record. 20. June 13, 2017: City Council appeal hearing date set for August 8, 2017. 21. June 22, 2017: City staff attempts to get clarification from Volusia County staff regarding concurrent dual process, ie applying for and appealing site plan denial development orders, which assumes current entitlement versus applying for rezoning of properties, which assumes entitlement does not exist (Exhibit M). 22. June 30, 2017: Volusia County Staff responds to Item 20 above (Exhibit N). (Exhibit L). 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 site and surrounding area while Figure 1 provides an aerial view of the surrounding land uses. Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 2 of 10 Table 1: 3621 S. Atlantic Ave-Zoning and Current Land Use Location Current Land Use Zoning T-RMF-1 T-RMF-1 T-RMF-1 N/A GC-2 Site North South East West Notes: T-RMF-1 = Hotel/Motel District Multifamily Residential (High Density) District. GC-2 = Retail/Service Commercial District. Vacant Hotel/Motel: Sand Castle Motel Dahlia Beach Approach & Hotel/Motel: Atlantic Terrace Timeshare Atlantic Ocean Retail-Service Commercial: Crane Plaza Figure 1: Aerial View of Zoning Site Surrounding Neighborhood Curran Shores Condo Sand Castle Motel Zoning Site Crane Plaza Dahlia Ave. Beach Approach Atlantic Terrace Timeshare Tuscany Villas Resort Source: CONNECTExplorer, 2017 As noted in Table 1 above, the subject vacant site is currently zoned T-RMF-1 Hotel/Motel - Residential Multifamily (High Density) District. According to the Daytona Beach Shores Land Development Code, the purpose, intent and permitted uses of the existing zoning districts are as follows: Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 3 of 10 Sec. 14-21. - T Hotel/Motel District. 14-21.1. Purpose and Intent. This district recognizes the importance of attractive, well-ordered facilities for tourist accommodations and the importance of tourism in the economy of the district and the region. The T districts have access to major thoroughfares. It is not intended that these areas provide commercial facilities of a character open to the general public nor provide automotive services. The district is a specialized one, designed to protect and enhance the basic economy of the area. It is generally intended to use T district to implement the comprehensive plan within but not necessarily limited to those areas of the district shown as "hotel/motel." 14-21.2. Permitted Principal Uses. 1. Hotels, motels and tourist accommodations. 2. In connection with and accessory to hotel, motel and tourist accommodation facilities for the sale of sundries, flowers, gifts and souvenirs; newspapers and magazines and the like, personal service facilities such as barber or beauty shops; restaurants, coffee shops and cocktail lounges, shall be subject to the following limitations: a. All such facilities shall be designed and scaled to serve the guests of the accommodating establishment, and hotels, motels and tourist accommodations having less than one hundred (100) rooms shall not have restaurant, lounges or coffee shops which have a combined occupancy load of more than two (2) persons per unit based upon the occupancy load established by the building official using the codes then currently adopted by the city. b. All such facilities shall be accessible only from a foyer, interior court or corridor of the accommodating establishment. 3. All uses permitted in RMF-1 as long as they meet all dimensional requirements of an RMF-1 district. 4. Travel agency. 5. Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq. 6. Hotel suites. 14-21.3. Permitted Accessory Uses and Structures. Auditoriums, lecture halls or conference rooms accessory to a hotel or motel. Parking lots and parking garages, private and commercial. Other accessory uses and structures incidental to the permitted uses and structures. Sec. 14-18. - RMF-1 Multi-Family Residential District (High Density). 14-18.1. Purpose and Intent. The purpose and intent of the RMF-1 Multi-Family Residential District is to provide for multifamily residential living, catering to the needs of the citizens of the city desiring a well-maintained and natural on-site environment for multifamily living. 14-18.2. Permitted Principal Uses and Structures. Multifamily dwellings. Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq. 14-18.3. Permitted Accessory Uses and Structures. Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 4 of 10 Accessory uses or structures customarily incidental to the permitted principal use or structure. 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 are as follows: 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. E. COMPREHENSIVE PLAN The Daytona Beach Shores Adopted Comprehensive Plan (2020) Future Land Use Map (FLUM) classification for the subject property is High Intensity. A complete Comprehensive Plan analysis can be seen in Exhibit F attached. F. REVIEW AND COMMENTS The subject application was received on June 28, 2017 and was initiated by the property owner- Volusia County. The subject vacant property is located at 3621 S. Atlantic Avenue. When combined with the Dahlia Ave. Beach Approach, the overall side has an acreage of 0.87 (37,797 square feet). The 3621 S. Atlantic Avenue property (0.62 acres) was formerly developed as the Jasmine Motel while the Dahlia Avenue approach contains 13 parking spaces and a restroom facility. The site has vehicular and pedestrian access to the abutting S. Atlantic Avenue (see Figure 1 above) and a frontage of 140 feet. The 3621 S. Atlantic Avenue propertys frontage is 100 feet. If approved, the zoning change would lead to the 3621 S. Atlantic Avenue propertys combination with the adjacent Dahlia Avenue Beach Approach for the construction of a County off-beach parking lot. The zoning application asserted that the zoning change would result in the construction of a public park. However, the construction plans attached to the application was entitled Dahlia Avenue Off-Beach Parking Final Site Plan (emphasis added). In addition, the plans submitted and records available to the public indicate that the site will be utilized for off- beach parking, hence the objections noted in Exhibit F attached. The site plans provided indicate Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 5 of 10 that a total of 74 parking spaces would be provided on site. Green/landscape area proposed was 19.4 percent. A four-stall restroom facility is also proposed. If approved, the future development of the site will require compliance with the Citys Land Development Code (LDC) development standards. 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 in Exhibit E. 1. The proposed zoning will have a favorable or unfavorable impact on the environment and natural resources of the area affected. The proposed zoning change will not provide an unfavorable impact on the environment or natural resources of the area. The site in question is vacant and clear of any substantial wildlife and vegetation or sensitive habitats (Figure 2). Figure 2: Street View of Site Zoning Site Dahlia Beach Approach Source: Google Maps 2017. 2. The proposed zoning will have a favorable or unfavorable impact on the economy of the area affected. The proposed zoning will generally have an unfavorable impact on the economy of the area as it will cement the removal of a previously developable property (3621 S. Atlantic Ave.) from the Citys limited tax base thereby reducing the future ad valorem revenue stream of the City, which could impact the quality and level of service offered by the City to its residents and visitors. In addition, by permanently removing a 0.62 acre high intensity property (3621 S. Atlantic Ave.) Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 6 of 10 from future development, the City will lose a theoretical maximum residential population of 64 (37 units) or a 43-unit hotel establishment, which would generate 155 or 451 Saturday and weekday trips, respectively, many of which could patronize local businesses in the area. The loss of either of these potential developments, which typically take one to two years to build and can operate for 50 plus years, will also preclude the creation of construction and permanent operation jobs and sales/services opportunities in the City and Volusia County at large. For example, according to the Institute of Transportation Engineers (2012), in the case of a 43-unit hotel, a total of 39 permanent jobs may not be created due to the rezoning in question. 3. The proposed zoning will efficiently use or unduly burden water, sewer, solid waste disposal or other necessary public facilities, including schools. The 3621 S. Atlantic Avenue property is currently vacant and has access to transportation, public schools, water, sewer, recreation and solid waste disposal services. All existing public facilities have adequate capacities to accommodate the theoretical maximum hotel/motel or residential multifamily use on site. If developed as a parking lot the presumption is that said use should not unduly burden public facilities. Staff was unable to acquire public facility generation rates for off- beach parking lots. Table 2 below provides a theoretical maximum impact analysis of the current and proposed land uses. Table 2: 3621 S. Atlantic Ave. Impact Analysis (Theoretical Max.) Proposed Future Land Use Difference Development Variable Hotel Units Allowed Residential Units Allowed Residential Population1 Current Future Land Use 43 37 64 0 0 0 -43 -37 -64 ? ? ? ? n/a n/a -4 Trips Generated 2 Sanitary Sewer (gallons/day)3 Potable Water (gallons/day)4 Solid Waste (lbs./day)5 Stormwater Drainage6 Recreation/Open Space7 Public School Student(s)8 Notes: 1. Population: 2. Transportation: 3. Sanitary Sewer: 4. Potable Water: 5. Solid Waste: 6. Stormwater Drainage: 7. Recreation: 8. Public School: 451 (Hotel) 10,750 (Hotel) 4,730 (Hotel) 430 (Hotel) n/a n/a 4 ? ? ? ? n/a n/a 0 1.73 persons per household (Source: 2010 US Census) Rates are for trips generated on adjacent streets: Hotel/Motel (310) Saturday trips = 10.50; High-Rise Condo (232) weekday daily trips = 4.18 250 gallons per dwelling unit per day 110 gallons per capita per day 10 pounds per capita per day LOS standard = 25 year, 24 hour event. If property is redeveloped, drainage system will be designed to meet the requirements of the Land Development Code. City currently has an oversupply of recreational facilities. Demand created by residential population under current zoning are negligible. Generation rates = 0.104 per multifamily unit. Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 7 of 10 Professionally accepted generation rates for this use were unavailable. 9. Off-beach Parking Lots: Sources: 2010 US Census; ITE Trip Generation Manual, 9th Edition; Policy 9-1.3 Daytona Beach Shores Comprehensive Plan Update (2020); Volusia School District 2015 Student Generation Rates. 4. The proposed zoning will efficiently use or unduly burden transportation facilities. Analysis conducted by Volusia County Staff show that the most intense traffic generating traditional public/government facility for the site, i.e. an office building, will not unduly burden transportation facilities. There is adequate vehicular access from the abutting S. Atlantic Avenue road and the existing system of local, collector and arterial road network. The County transportation analysis (Exhibit E) shows the adjacent transportation network currently operates above the City, County and State adopted level of services. However, it is unknown how an additional 61 off-beach parking spaces on site will impact local transportation facilities since no professionally accepted off-beach parking generation data appears available. 5. The proposed zoning will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment. The proposed zoning change will remove the potential development of 37 residential units on the site in question and could impact the ability of people to find adequate housing as future housing stocks are preempted from entering the housing market. 6. The proposed zoning is basically consistent with the comprehensive land use plan. No. See Exhibit F attached. 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? No. The current zoning of the property is consistent and compatible with the existing high intensity development and future land use of the area whereas the rezoning of the site for the development of a parking lot is contrary to the aforementioned. 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? No. The existing zoning of the property was not a mistake. A hotel/motel and/or residential multifamily development is consistent and compatible with the existing high intensity development and future land use of the area whereas the development of a parking lot on site is not. 9. Will the proposed change promulgate or encourage a physical benefit or have a stabilizing effect on the surrounding areas? The proposed zoning change is inconsistent with the adjacent land uses to the north and south and incompatible with the surrounding area as a whole. Therefore, the proposed change could Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 8 of 10 create a destabilizing effect on the surrounding areas due to potential secondary effects such as noise, loitering, etc. 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 proposed use for the site in question creates a spot zoning scenario since parking lots are currently prohibited on the east side of S. Atlantic Avenue (Exhibit F) and parking lots are incompatible with the existing high intensity development in the area. 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? Yes. The proposed change involves singling out of a parcel of land, allowing a use totally different from that of the surrounding area (Table 1 & Figure 1), and such use would diminish the integrity of the zoning classification as parking lots are not listed as a permitted use in the T-RMF-1 or P zoning districts. 12. Is the change solely for the benefit of the owner and to the detriment of the community? The proposed change does not appear to be solely for the benefit of the owner. However, the change could be to the detriment of the community (see Response 2, 5-14). Hence the City has consistently attempted to cooperate with Volusia County in permitting west side off-beach parking lots and in fact proposed a JPA that would have permitted the subject property for development as requested while mitigating anticipated consequences. 13. Will the proposed change especially suit the applicant's own special purpose rather than serve the community? No. See Response 12 above. 14. Would the requested change materially diminish the value of surrounding properties or substantially alter the characteristics of the neighborhood? The rezoning could materially diminish the value of the surrounding properties due to potential negative secondary effects associated with off-beach parking lots. In addition, the change will substantially alter the characteristics of the neighborhood since the proposed parking lots are inconsistent and incompatible with the existing and future land uses of the area in question. Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 9 of 10 Considering the above, Table 2 below provides summary of the authorization criteria, which shows only three (3) of the 14 criteria are met. 7 X 8 X 9 X 10 X 11 X 12 X 13 X 14 X Total 3 10 1 5 X 2 X 3 X 1 X Table2:AuthorizationCriteriaSummary(perSection1466.4LDC) 4 Criteria CriterionMet X CriterionNotMet CriterionPartiallyMet H. STAFF RECOMMENDATION Staff recommends denial of RZ12016020 as presented. 6 X Staff Report: Planning and Zoning Board RZ12016020: Volusia County Rezoning Request July 10, 2017 Page 10 of 10