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Public Hearings
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Last Updated: 2014/9/4
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Last Updated: 2014/7/31
City of DeBary SealCity Council Meeting
City of DeBary

Subject:  Second Reading of Ordinance No. 06-14 adopting various revisions to the City of DeBary Land Development Code.

From: Rebecca Hammock, AICP
Planning Administrator       

Meeting/Hearing Date: September 3, 2014

(X)  Ordinance
(   )  Resolution
(   )  Other
(   )  Supporting Documents/Contracts

This is an administrative request by the Department of Planning and Development to review and consider Ordinance #06-14 amending certain provisions of Chapter 3 and Chapter 4 of the Land Development Code.

Background Discussion
After discussion at various workshops with DeBary business owners and after staff research of other jurisdictions' code regulations regarding outside service and entertainment, City Council has directed staff to amend Chapter 3, Zoning, of the Land Development Code (LDC) to:

  • Allow restaurants with outside service of alcohol as a permitted use in the B-3 (Shopping Center), B-4 (General Commercial) and B-5 (Heavy Commercial) zoning districts. Government owned public safety buildings are also being added as a permitted use in the B-4 General Commercial Classification.
  • Allow bars with outside service of alcohol as a special exception use in the B-3 (Shopping Center), B-4 (General Commercial) and B-5 (Heavy Commercial) zoning districts.
  • Allow restaurants and bars with outside entertainment as a special exception use in the B-3 (Shopping Center), B-4 (General Commercial) and B-5 (Heavy Commercial) zoning districts.
  • The Ordinance also creates special exception criteria for bars with outside service of alcohol and bars and restaurants with outside entertainment to help ensure compatibility.
Staff is also proposing amendments to the Chapter 3, Zoning, Section 3-122 and Section 3-138 regarding accessory structures in order to establish a cumulative square footage percentage for accessory structures instead of maximum square footage per accessory structure to help improve upon certain technical complications with the existing code provisions.

The proposed ordinance also amends Chapter 4, Section 4-184 (Performance, review and design standards), Sub-Section (a)(2)a to create new closed basin stormwater requirements for parcels that abut US Hwy 17-92 between Saxon Blvd. and Dirksen Drive. Current City storm water regulations within the 17/92 corridor are based upon the 100 year flood and storing every drop of storm water on the property. Under Volusia County's storm water regulations a developer is given credit for storm water that runs off the site prior to development.  In order to better accommodate development and redevelopment for parcels fronting US Hwy 17-92 from Saxon Blvd. south to Dirksen Dr., staff is proposing to revise the City’s existing stormwater requirements to mirror those of the County. A majority of the US Hwy 17-92 corridor is made up of small parcels and under the city’s current stormwater management requirements, development and redevelopment is made difficult.

Section 2 of proposed Ordinance No.06-14 delineates the proposed changes. Changes are indicated by strike-through and underline. Strikethrough is used for those items proposed for deletion and underline is used for those items/language being added.  

Findings of Fact:
Staff finds that the proposed land development code revisions are in compliance with the City of DeBary Land Development Code and Comprehensive Plan and recommends adoption of Ordinance No. 06-14.

Planning & Zoning Commission:
The Planning and Zoning Commission reviewed and considered Ordinance No. 06-14 on July 23, 2014 and voted unanimously to recommend approval of the Ordinance.

Ordinance #06-14

Recommended Motion  
Adopt Ordinance #06-14 on second and final reading.

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other


City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122