Volusia County Ordinance 96-37

EXCERPT FROM THE COUNTY COUNCIL MINUTES 12/19/1996

COUNCIL MEMBERS PRESENT:

Patricia Northey, Chair, District 5

Pat Patterson, Vice-Chair, District 1

Phil Giorno, At-Large

Freddye C. Moore, District 3

Lynne Plaskett, District 2

R. Stanley Rosevear, District 4

Robert E. Tuttle, At-Large

PUBLIC HEARING RE ORDINANCE NO. 96-37; ADDING TRAFFIC FREE ZONES (BEACH) (MEMORANDUM ER-96-85)

A capacity crowd heard the County Manager Larry Arrington, Hal Buckland, Economic Resource Center Director and Larry Atkinson, Take Part II Chairman, expound on the fact that Volusia County has recognized the need to support the City of Daytona Beach in its redevelopment efforts at Main Street. Redevelopment will help the economy and promote tourism which will benefit the City as well as the Ocean Center. The City of Daytona Beach has stated that it will ask for an RFP for development of a family entertainment center in the Main Street Redevelopment Area.

It was noted that Take Part II and Volusia Vision Beach Committee have both recognized the need for traffic free areas adjacent to redevelopment areas. The Take Part II study states that traffic on the beach "does little to leverage land side development".

Mr. Buckland explained that the proposed ordinance, which would take vehicles off the beach from Seabreeze to International Speedway Boulevard, encompasses the Main Street Redevelopment Area. The ordinance would take effect upon completion and opening of 300 additional off-beach parking spaces in that area. The calculation of 300 spaces is based on previous traffic analysis by Kimley-Horn and Gyhabi Lassiter which estalish that typical beach parking takes 15 feet per vehicle. Not all of the beach is available for parking. Concessions, lifeguard stations and vehicular access ramps are subtracted from the beach frontage to calculate the available lineage.

Staff provided overhead composites of the proposed development.

Acting County Attorney Daniel Eckert drew attention to a County Manager's up-date memorandum dated December 19, 1996 [GM-96-348] in which the County Manager reported he had met with representatives of the Main Street and Boardwalk merchants on December 18, 1996 to discuss concerns about today's public hearing on an amendment to the beach code concerning beach driving in the Take Part II Redevelopment Area in Daytona Beach, in part:

"That the proposed amendment be changed to require that cars would be removed from the beach when 1,000 parking spaces are constructed, rather than 300. Construction of 1,000 spaces would indicate that redevelopment is occurring in the area; while pegging the threshold at 300 would not necessarily indicate the presence of redevelopment. This move will allay that concern without compromising the integrity of the Take Part II recommendations concerning beach driving in that area, and without impairing the County's duty to see that off-beach parking is provided."

Considerable public input was had, with opponents to the proposal as well as the proponents thereof.

During discussion, the County Manager asked that Council consider adopting a motion urging the City of Daytona Beach to approve development agreements in the area in a manner that results in a public conveyance tram system to provide a means for people to move about in the entire core area. He noted that merchants are understandably concerned that a parking structure on the north end of the area could work to mitigate business traffic from circulating in the Main Street and Boardwalk areas.

In addition, the County Manager suggested that Council adopt a motion expressing its intent to work with the City of Daytona Beach to ensure that parking needs for the businesses in the Main Street and Boardwalk areas are adequately addressed in the future. He pointed out that merchants are concerned that, as cars are removed from the beach, a dearth of available parking to serve their businesses could result and emphasized that while providing such public parking is the responsibility of the City, the County Council's motion in this regard would be helpful to the merchant's and public's interests.

Considerable discussion was had wherein Council Giorno voiced concern regarding safe public access to the beach.

Following due deliberation, Council Member Moore moved to ADOPT Ordinance No. 96-37, providing for Traffic Free Zones on the beach in core area after certain conditions are met, entitled as follows, as amended under SECTION I., Section 20-173. Vehicles authorized on beach; traffic free zones to read: from the southern boundary of the extension of Seabreeze Boulevard to the northern boundary of the extension of International Speedway Boulevard, which will take effect upon the opening of at least 1000 additional public parking spaces which are within the described area and reasonably accessible to the beach, said motion seconded by Council Member Plaskett.

Discussion ensued, whereupon the Chair called for a roll call vote. The motion CARRIED 7-to-0:

ORDINANCE NO. 96-37

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, PROVIDING THAT THE CODE OF ORDINANCES, COUNTY OF VOLUSIA, BE AMENDED BY REVISING SECTION 20-173(c) OF SAID CODE; BY SETTING FORTH LEGISLATIVE FINDINGS FOR ESTABLISHING A TRAFFIC FREE ZONE; BY SETTING FORTH LEGISLATIVE FINDINGS FOR ESTABLISHING OFF-BEACH PARKING; BY ADDING A TRAFFIC FREE ZONE FROM SEABREEZE TO INTERNATIONAL SPEEDWAY BOULEVARD; BY SETTING FORTH CONDITIONS FOR THE ESTABLISHMENT OF THE TRAFFIC FREE ZONE; BY AUTHORIZING INCLUSION IN CODE; BY PROVIDING FOR A PENALTY PROVISION; BY PROVIDING FOR SEVERABILITY; BY PROVIDING AN EFFECTIVE DATE.

At this time, Council Member Tuttle moved to APPROVE staff's recommendation to urge the City of Daytona Beach to approve development agreements in the area in a manner that results in a public conveyance tram system to provide a safe means for people to move safely about in the entire core area, said motion seconded by Council Member Rosevear and duly adopted 7-to-0.

Council Member Tuttle moved to APPROVE Council's intent to work with the City of Daytona Beach to ensure that parking needs for the businesses in the Main Street and Boardwalk areas are adequately addressed in the future, said motion seconded by Council Member Rosevear and duly adopted 7-to-0.

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