Port Orange City Council Regular Meeting — April 15, 2025: Consent approvals, budget amendments, zoning actions

On 1/16/2025, Circle K clerk Deborah Joy observed an elderly couple with $10,000 in cash using the Bitcoin ATM inside the store. Deborah suspected this to be a scam and called the police. Officer Pierce responded to the scene where he contacted the victim and her husband near the Bitcoin ATM. Officer Pierce quickly determined that they were victims of a scam and convinced them not to complete the transaction. The victim explained that this originated from a random email that she clicked on which she thought was from PayPal. It was not from PayPal. She then spoke to a male with an Indian accent on the phone who advised he had inadvertently placed $10,000 in her bank account. He then sent her a link to a fraudulent website that looked like her Fifth Third Bank account statement. The victim was instructed to withdraw the $10,000 and send it back via Bitcoin ATM. The victim did as she was instructed by the scammer to the point where she lied to the bank teller about what the money was being withdrawn for. The victims were escorted back to Fifth Third Bank to verify that the money that had been accidentally placed in their account was not real. The bank confirmed this to be a case of attempted fraud. Clerk Deborah Joy should be commended for her vigilance with the hope that everyone in the community could help stop these scams which are increasingly victimizing our elderly and vulnerable citizens. | reports=1

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The current Wrecker Service Agreement was initially established on May 10, 2021. The contract was awarded to J & A Balboa Enterprises, Inc. d/b/a Arrow Service & Towing. There were three successive, one-year renewals completed, which were allowed by the original agreement that extended the contract to May 9, 2025. A Request for Proposal (RFP) was sent out in January 2025 for a new contract to commence on May 10, 2025. Two proposals were received in response to RFP #25-05 for Wrecker/Towing Services. Proposals were received from Arrow Service & Towing and Universal Towing. The selection committee ranked Arrow Service & Towing the highest of the two proposals. Arrow Service & Towing has met all pre-award conditions and staff recommends awarding the contract to J & A Balboa Enterprises, Inc. d/b/a Arrow Service & Towing. The initial contract term is for 1 year with an option to renew for three (3), one (1) year extensions based upon staff recommendation to the City Manager. The initial contract term will commence on May 10, 2025. | attachments=8 | reports=1

The Engineering Department requests approval to award RFSQ #24-03 Construction Manager at Risk (CMAR) for Construction of the Force & Water Main River Crossing and approve the Pre-construction Phase Scope to Wharton-Smith, Inc. On October 22, 2024, the City received two (2) Statement of Qualifications for RFSQ #24-03. On November 5, 2024, the Statement of Qualifications Evaluation Committee scored submittals from the following firms: Prime Construction Group, Inc Score: 42.78 Wharton-Smith, Inc Score: 47.42 The committee agreed by consensus to recommend awarding to Wharton-Smith, Inc, based on a combination of overall scores and their ability to best meet the needs of the City. The Engineering Department is also requesting approval of Phase 1 – CMAR Pre-construction Services Proposal for the amount of $131,534.00. During the pre-construction phase, the Construction Manager will work with the Engineer to develop preliminary cost estimates, complete a constructability review, conduct bidding and procurement of the different work packages, and ultimately prepare a Guaranteed Maximum Price (GMP) for the project. When the Pre-construction phase is complete, the CMAR will deliver an executed Exhibit “A” Guaranteed Maximum Price (GMP) Amendment which, if accepted by the City, states the GMP with allowances, the completion date, unit prices and other pertinent information needed for construction. If the City does not agree with the GMP, completion date and other matters included in the Amendment, it is not bound to proceed with construction with the CMAR. Instead, the City can attempt to negotiate with the CMAR for a better deal or proceed with soliciting bids from General Contractors for a standard Owner-General Contractor Agreement. The following is a list of recently completed Central Florida projects that used the CMAR process: Volusia County Medical Examiner’s Office City of Ocoee City Hall Seminole State Center for Public Safety Wharton-Smith, Inc. is the current CMAR for the construction of the Public Utilities Field Operations Facility. This project is being partially funded by a $2,500,000 Legislative Appropriation in the form of a Florida Department of Environmental Protection (FDEP) grant. | attachments=8 | reports=1

The Public Utilities and Engineering Departments are requesting approval of Task Authorization No. 24 with Kimley-Horn & Associates, Inc. under the Master Contract for Engineering and Environmental Services (CA7763) for the 16-inch Water Main Replacement Final Design and Construction Manager at Risk (CMAR) Coordination Services for an amount not to exceed $119,882. The City currently owns and operates a 16-inch water main which crosses the Halifax River approximately 0.7 miles south of Dunlawton Avenue from S. Atlantic Avenue and Emilia Drive to S. Ridgewood Avenue and Fleming Avenue. Kimley-Horn & Associates, Inc. completed to 60-percent design level under the prior Master Contract for Engineering Services. The City has contracted with a CMAR; Wharton-Smith, Inc., and desires to bring this project to full design. Task Authorization No. 24 will require a term of three (3) years from the issuance of the Notice to Proceed. | attachments=6 | reports=1

This contract is for officials and scorekeepers for various athletic leagues. The original contract (CA8161) is up for renewal on June 19, 2025. The contract allows for three (3) optional one-year renewal periods. This is the first renewal. The contractor is requesting an increase in the pricing for the renewal term, June 20, 2025 – June 19, 2026. Pursuant to Section 6 of ITB #23-05, Special Requirements/Instructions, a request for a cost adjustment will be considered for any upcoming renewal if timely submitted with proper documentation. In this instance, the contractor is requesting a price increase of less than 5%, which is within the allowable range pursuant to Section 6 of the ITB. Staff have reviewed the requested price increase and the supporting documentation and believe this pricing remains competitive. The new estimated total of the contract is $156,825.00 and is per appropriated budget. In addition, the staff is requesting the Council authorize the City Manager to approve any future requests for price adjustments, in accordance with the provisions set forth in Section 6 of ITB #23-05. | attachments=4 | reports=1

The Engineering Department is requesting approval of Change Order No 1 to Task Authorization No. 7 for the City-Wide Stormwater Master Plan Update in the amount of $161,109. The revised amount for the project is $650,929. On August 1, 2023, the City approved Task Authorization No. 7 for the City-Wide Stormwater Master Plan. The objectives of the proposed Stormwater Master Plan Update are to analyze existing flooding and water quality issues within the city, to propose potential solutions that can be considered for future Capital Improvement Plan (CIP) Projects, and to provide a list of Repair and Restoration (R&R) improvements to enhance flood protection, stormwater conveyance, and water quality with cost estimates. Prioritization of the CIP and R&R projects will be based on cost efficiency, flood reduction, and water quality improvement. Additionally, having a current Stormwater Master Plan is necessary to be eligible for most grant funding opportunities and will assist with prioritization of that funding. Change Order No. 1 to Task Authorization No. 7 is for additional time for Kimley Horn to attend and prepare for additional Stormwater Master Plan Project meetings, conduct in-person meetings to prepare for the workshops with individual neighborhoods, assist in developing and implementing a Stormwater website, and integrate and analyze recent or proposed development areas into the existing conditions model for the Stormwater Master Plan. This change order also includes an additional 60 days to move the Final Completion date from April 30, 2025, to June 29, 2025, in order to complete the added scope. | attachments=6 | reports=1

The Virginia Monroe Stormwater Improvements project was completed in 2021. This project included the construction of two stormwater pump stations, one being located at 520 Monroe Street. When the pump stations were constructed, back-up generators were not included as part of the project. The Engineering Department is currently in the design phase of a project that will include the installation of permanent back-up generators at this location, as well as at 410 Monroe Place. The rental generator will be used during hurricane season until the project is completed, and the permanent generator is installed. Three quotes were requested for monthly back-up generator rental at 520 Monroe Street, and Ring Power provided the lowest price. The rental contract for the generator will not exceed $33,120 and the rental term will begin May 1, 2025, terminating on December 1, 2025. The cost of the equipment rental will be charged to the appropriated budget in Public Works - Stormwater. | attachments=5 | reports=1

The Virginia Monroe Stormwater Improvements project was completed in 2021. This project included the construction of two stormwater pump stations, one being located at 410 Monroe Place. When the pump stations were constructed, back-up generators were not included as part of the project. The Engineering Department is currently in the design phase of a project that will include the installation of permanent back-up generators at this location, as well as at 520 Monroe Street. The rental generator will be used during hurricane season until the project is completed, and the permanent generator is installed. Three quotes were requested for monthly back-up generator rental at 410 Monroe Place, and Ring Power provided the lowest price. The rental contract for the generators will not exceed $33,120 and the rental term will begin May 1, 2025, terminating on December 1, 2025. The cost of the equipment rental will be charged to the appropriated budget in Public Works - Stormwater. | attachments=5 | reports=1

This item is the second quarter of the fiscal year budget review covering the period from January 1 to March 31, 2025. Staff performed a review covering the revenue and expenditure figures through the second quarter to compare the current amounts with the amount budgeted. In addition, a review of departmental operating needs was performed to see if adjustments were warranted. Additionally, there was a project related carry forward that required adjustment as part of this request. Staff requests the Council amend the Fiscal Year 2024-2025 budget by revising the budget in total pursuant to itemization contained in Exhibit "A" of the Resolution. Notable items in the budget amendments include: Fire – Replacement of 9 Lifepak cardiac monitors and 7-year maintenance agreement to upgrade existing aging medical equipment Fleet - Replacement of Police cars damaged in service following the receipt of insurance proceeds Engineering - Sugar Forest Stormwater Pump Station and Force Main Design Public Utilities - Pilot study at the Water Treatment Plant for a pelletized softening system which will potentially save the City $800,000 annually in lime disposal cost | attachments=1 | reports=1

The project associated with this Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement is for the construction of the Port Orange Sidewalk Gaps project (FDOT #444033). On September 18, 2024, as part of the FY 25-29 Capital Improvements Program (CIP), the City approved the proposed budget to include funds for constructing sidewalks to complete sidewalk gaps identified in Port Orange Project #CD184. The project consists of filling in sidewalk gaps at four locations within Port Orange: 1) West side of Taylor Branch Road from Dunlawton Avenue to Journey's End Way 2) North and South sides of Woodlake Drive from Clyde Morris Boulevard to existing sidewalks 3) North and South sides of Ravenwood Drive from Clyde Morris Boulevard to Woodlake Drive 4) South side of Herbert Street between City Center Drive and Gulfstream Village driveway Construction is anticipated to begin in the summer of 2025 and be complete within 120 days after the Notice to Proceed is issued. Filling these sidewalk gaps will improve the safety of pedestrians walking along these major roadway corridors by eliminating the need to use the shoulder or roadway. Funding in the Agreement has been adjusted based on the City’s construction award amount and the negotiated Construction Engineering and Inspection (CEI) contract fee. CEI services will now be performed under a continuing services contract (CSC) procured by FDOT District 5. Initially, the City was responsible for funding the CEI but now it will be funded with federal funds. The City is responsible for a 15% CEI Contingency amount of $22,906. The local funds initially allocated toward CEI cost will be allocated to the construction cost for the project. Resolution No. 25-09 on this agenda establishes the City's contribution and procedure to fund the CEI phase. The Volusia-Flagler TPO and FDOT have agreed to fund 86% of the cost for construction and CEI in an amount not to exceed $749,444. The City's contribution toward construction and CEI is $122,860, or 14% of the $872,304 estimated construction and CEI cost. Funds are budgeted and available in Project #CD184 for this purpose. Approval of this Resolution and LAP Agreement will allow the project to go out to bid and start construction in the Summer of 2025. | attachments=2 | reports=1

The Florida Department of Transportation (FDOT) Local Funding Agreement (LFA) is for the Construction Engineering Inspection (CEI) services for the Port Orange Sidewalk Gaps project (FDOT #444033). CEI is required for this project to ensure that the contractor adheres to the safety standards and regulatory requirements and completes the project according to the approved plans. For this project, the City will utilize DRMP, FDOT District 5's contract Construction Engineering Inspection (CEI) consultant. On September 18, 2024, as part of the FY 25-29 Capital Improvements Program (CIP), the City approved the proposed budget to include funds for constructing sidewalks to complete sidewalk gaps identified in Port Orange Project #CD184. The project consists of filling in sidewalk gaps at four locations within Port Orange: 1) West side of Taylor Branch Road from Dunlawton Avenue to Journey's End Way 2) North and South sides of Woodlake Drive from Clyde Morris Boulevard to existing sidewalks 3) North and South sides of Ravenwood Drive from Clyde Morris Boulevard to Woodlake Drive 4) South side of Herbert Street between City Center Drive and Gulfstream Village driveway The negotiated CEI fee for this project is $152,705. Initially, the City was responsible for funding the CEI but now it will be funded with federal funds. The City is responsible for a 15% CEI Contingency amount of $22,906. The agreement stipulates that the City shall furnish the FDOT with an advance deposit in the amount of $22,906 within 14 calendar days of the execution of this Agreement. Funds are budgeted and available in Project #CD184 for this purpose. Approval of this Resolution and Locally Funded Agreement will facilitate the issuance of a Notice to Proceed to the CEI consultant in summer 2025, which aligns with the project construction schedule. The City's overall contribution toward construction and CEI costs is $122,860, or 14% of the $872,304 estimated project cost. | attachments=3 | reports=1

In 2023, the City entered into a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) for design services associated with the Dunlawton Avenue Turn Lanes Bundle. The design consultant, Dewberry Consultants, completed design and permitting of the turn lanes, along with pedestrian improvements at the intersections, in February 2025. Currently, this project is in the FDOT Adopted Five-Year Work Program, with right-of-way acquisition programmed for 2025 and construction programmed for late 2026. The general location of the seven (7) turn lane projects are described and shown below. 1. Eastbound right turn lane on Dunlawton Avenue at the intersection with Clyde Morris Boulevard. 2. Westbound right turn lane on Dunlawton Avenue at the intersection with City Center Parkway. 3. Westbound right turn lane on Dunlawton Avenue to the intersection with Nova Road. 4. Eastbound right-turn lane on Yorktowne Boulevard at the intersection with Dunlawton Avenue. 5. Extension of the existing westbound left-turn lane on Yorktowne Boulevard at the intersection with Dunlawton Avenue. 6. Extension of the existing eastbound left-turn lane on Dunlawton Avenue at the intersection with Nova Road. 7. Extension of the existing westbound left-turn lane on Dunlawton Avenue at the intersection with Clyde Morris Boulevard. These turn lane improvements and pedestrian improvements at the intersections are anticipated to add roadway capacity at certain intersections along the Dunlawton Avenue corridor, reduce travel delays, reduce damage and maintenance costs of the medians, and improve pedestrian access and compliance with ADA requirements at the intersections. As part of the design process, areas of right-of-way were identified at the northeast corner of Dunlawton Avenue and Nova Road and on the east side of southbound Clyde Morris Boulevard. The project engineer design consultant prepared the required Title Searches and Right-of-Way Maps for these areas. This Agreement with FDOT allows a right-of-way consultant to contact the property owners regarding the acquisition of right-of-way or easements, negotiate settlements, and complete the acquisitions. FDOT LAP funds typically cover 90% of the consultant fees and acquisition costs. The City will need to provide a 10% match. At this time, the estimated cost for a consultant and to acquire the right-of-way or easement areas is approximately $222,000. This phase is anticipated to take approximately 9-12 months to complete. The consultant selected will work to obtain right-of-way or an easement at the two following locations: 1) A 50-square-foot triangular area at the northeast corner of Dunlawton Avenue and Nova Road: The 50-square-foot area needed to relocate the pedestrian crosswalk approaches to accommodate the right turn lane being added. Acquiring right-of-way or easement at this intersection was anticipated in the Feasibility Study for the project. Once this area is obtained, it will either be an easement granted to FDOT or part of FDOT's right-of-way. 2) A 1,836 square-foot strip of property (+/- 11 feet by 175 feet) along the east side of Clyde Morris Boulevard between Dunlawton Avenue and the shared driveway for Walgreens and the Social Security Administration Office. This area is needed to construct a 6-foot wide sidewalk to complete a sidewalk gap between the existing sidewalk on Clyde Morris Boulevard and Dunlawton Avenue sidewalk. This area is not required to construct the turn lane at this intersection, but it will allow for an existing sidewalk gap to be connected and provide connectivity for pedestrians. Since Clyde Morris Boulevard is a County-maintained right-of-way, the County has stated that they do not want any additional right-of-way; therefore, a pedestrian easement will be obtained. Construction funds are scheduled for this project in late 2026/early 2027. The right-of-way phase will not impact the timing of construction. If right-of-way or easement acquisitions are unsuccessful, the Turn Lane Bundle project can still move forward with the construction of three (3) new turn lanes and three (3) extensions to existing turn lanes in late 2026/early 2027, less the westbound Dunlawton Avenue turn lane at Nova Road (Project #1 on the Map above) and/or the sidewalk along Clyde Morris Boulevard. | attachments=4 | reports=1

Planning Commission Action (2/27/25): Recommended Approval (4-3) The property owner requests the proposed amendment to the Master Development Agreement (MDA) for the Summer Trees Plaza Planned Commercial Development (PCD) to allow a broader range of commercial uses in the PCD, consistent with the uses allowed in the City’s conventional commercial zoning districts and update the signage and architectural requirements for the PCD to be consistent with the current requirements in the City’s Land Development Code (LDC). The Summer Trees Plaza PCD is located on the south side of Taylor Road, between Summer Trees Road and Williamson Boulevard. Location Map of the Summer Trees Plaza PCD The Summer Trees Plaza PCD was approved in November 2007, and the subject property has been zoned for commercial development since 1998 (27 years). The PCD was initially planned to be developed with a hotel, conference center, and commercial uses adjacent to Taylor Road. The PCD includes five (5) parcels/sites (Figure 2): Two (2) parcels (Site A and B) are developed with commercial uses (PNC Bank and a multi-tenant commercial building in 2012); Two (2) parcels are vacant (Site C and D); and The southernmost parcel (Site E) was sold to the City of Port Orange in 2007, and in 2010 a stormwater pond for the drainage associated with widening Williamson Boulevard from 2 to 4 lanes was constructed. The proposed 1st Amendment to the Summer Trees Plaza MDA only pertains to Sites A-D and does not include the city-owned parcel (Site E). The MDA for the Summer Trees Plaza PCD currently allows commercial uses such as hotels, restaurants, retail, medical and professional offices, assisted living facilities, etc. The additional uses proposed to be added to the list of allowed uses on any of the four sites (Sites A-D) include craft food and beverage producers, microbreweries, and private schools. According to the applicant, the uses are being added to provide more flexibility for new development and/or redevelopment in the PCD. The three proposed additional uses listed above will be required to comply with all City development requirements in the LDC. For the craft food and beverage producers and microbreweries uses, there are additional special development requirements, which include requirements for screening, storage and parking that will need to be met, if developed. The special development requirements for these two uses are consistent with the special development requirements for these uses in the LDC. The special development requirements for these two uses are listed in Exhibit B of the MDA. The applicant also requests to add mini-warehouses and motor vehicle and boat storage to the list of allowed uses for Site C and D. The proposed 1st Amendment to the MDA requires the development of a mini-warehouses and/or motor vehicle and boat storage use to meet the standard commercial site requirements (landscape buffers, screening, tree preservation, architecture, traffic concurrency, drainage and other infrastructure, parking, etc.) in the City’s LDC, along with the additional special development requirements which include wider and denser landscape buffers, screen walls/fences, and building orientation to provide sufficient screening of these uses from residential areas and/or major roadways. The special development requirements for these two uses are consistent with the special development requirements for these uses in the LDC. The special development requirements for these uses are listed in Exhibit B of the MDA. According to the applicant, in addition to the special development requirements, there is also sufficient separation and existing vegetation between Sites C and D and the nearest residential lots to assist in buffering these uses. Graphic that shows the Distance between Adjacent Lot Lines and Site C and D in the Summer Trees PCD The Signage and Architectural/Design Standards sections of the MDA have also been updated to remove outdated signage and architectural requirements that are no longer consistent with the signage and architectural requirements in the LDC. The proposed amendments require all development within the PCD to comply with the City’s current commercial signage and architectural requirements in the LDC that apply city-wide, simplify the MDA text, and ensure the standards remain current with current city regulations over time. According to the applicant, no proposed plans exist for any new development within the PCD, specifically Site C and D. The owner intends to continue to market the vacant sites for sale and has proposed the 1st Amendment to the MDA to make the sites more marketable by adding the uses listed above as possible options. Prior to any development within the PCD, a site plan will be required to be submitted to the city and approved by the Staff Development Review Committee (SDRC). Any development in the PCD will need to meet the standard commercial site requirements (landscape buffers, screening, tree preservation, architecture, traffic concurrency, drainage and other infrastructure, parking, etc.) in the City’s LDC, along with any additional special development requirements listed in the MDA. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Action (3/27/2025): Recommended Approval 5-0 This request is to rezone an existing commercial property located at the southwest corner of Isabelle Avenue and Regency Boulevard from Planned Community Development (PCD) to Professional Office (PO). The current Master Development Agreement (MDA) for the PCD was approved by the City in 1995 and restricts the uses of the property to office, wholesalers/distributors, construction contractor’s office/storage, and light manual assembly/minor repair. Although the current PCD limits the use of the property, the subject property has been designated Commercial on the Future Land Use Map since 1985 and was zoned C-1 (Shopping Center Commercial District) before it was rezoned to PCD in 1995. Map showing the location of 5656 Isabelle Avenue The rezoning request is a shift from the negotiated PCD zoning district to a conventional limited commercial/office zoning district that uses the LDC to provide specific development regulations and allowed uses. Rezoning the subject property to PO will assist with filling vacant tenant spaces within the existing commercial multi-tenant buildings on site and the possible redevelopment of the subject site in the future. If the zoning remains PCD, ongoing amendments to the MDA would likely be necessary to attract new tenants and could delay future redevelopment opportunities on the property. The list of allowed uses in the PO zoning district and the development requirements in the LDC is a more efficient process to attract new tenants or redevelop the site. In addition, the list of permitted uses in the PO zoning district is more current and flexible than the currently allowed uses in the MDA that were established in the late 1990s. The PO zoning district is intended to provide areas for business, government, industry, medical, professional, service offices, and limited personal services. The PO zoning district generally allows the same uses allowed by the current MDA, along with uses such as fleet-based services (pest control, lawn care, etc.) and personal services (beauty/barber shop, tanning salon, etc.), which are not allowed by the current MDA but are compatible with the surrounding area. The PO zoning district was selected because it allows less intense non-residential uses and will be a transition between the Community Commercial zoned properties along Nova Road and the mobile home park across the street. The PCD zoning district is intended to provide a flexible approach for unique and innovative land development proposals that would otherwise not be permitted by this code. Because the property owner intends to allow tenants to occupy the buildings on-site in compliance with the allowed uses list for the PO zoning district and does not anticipate deviating from the site and maintenance requirements in the LDC, the use of a standard zoning district is more efficient than maintaining the property as a PCD. If the subject commercial property is rezoned to the PO zoning category, the City’s LDC will provide the permitted uses and site development requirements for the subject property. As part of any future redevelopment, a site plan and/or building permits will need to be submitted and will require a detailed technical review by the Staff Development Review Committee (SDRC) to verify all LDC and Florida Building Code requirements are met, such as landscape buffers, parking, building setbacks, tree preservation, and infrastructure, to ensure compatibility with adjoining properties, and that adequate public facilities and services are available. The proposed PO zoning district is appropriate for this location, consistent with the Commercial FLU designation for the subject property and is compatible with the surrounding properties. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Action (3/27/2025): Recommend Approval 5-0 This request is to rezone two existing commercial properties (Lot 1 and Lot 2) located at the northeast corner of Clyde Morris Boulevard and Herbert Street from Planned Commercial Development (PCD) to Community Commercial (CC). Lot 3 of the PCD is not part of the rezoning request and will remain in the PCD. The current Master Development Agreement (MDA) for the PCD was approved by the City in 1999 and does not include several commercial uses typically found on other properties with a conventional city commercial zoning designation (e.g., office (allowed on Lot 1), health/exercise clubs, restaurants with a drive-thru, fleet-based services, craft food and beverage producer, microbrewery, retail (allowed on Lot 1), and personal services (hair salons, barber shops, nail salons, retail dry cleaning, etc.) as allowed uses on Lots 1 and 2 and has specific architectural requirements for Lot 2 that may limit redevelopment. The subject property has had a Commercial or Office Future Land Use (FLU) designation on the City’s Future Land Use Map since 1985 and has been zoned Planned Commercial Development (PCD) since 1990. Map of the Ritter PCD and Lots 1 and 2 Located at 4619 and 4629 Clyde Morris Boulevard In 1999, the City approved the Master Development Agreement (MDA) for the Ritter PCD that established a three-lot commercial development, specific architectural requirements for Lot 2, and a limited list of commercial uses for Lots 1-3. At the time the Ritter’s Frozen Custard restaurant (Lot 2) was built in 1999, the design of the building and outdoor seating area was considered unique, and very specific architectural requirements were listed in the MDA for the PCD, such as the use of specified colors and materials (i.e. split-face block), roof color must be “International Blue” or lighter blue color, all tables and chairs must be concrete and natural grey color, and only exterior blue and white striped umbrellas could be placed on site. Rezoning the subject properties to CC is anticipated to assist in the redevelopment of the subject properties. The CC zoning district permits typical community-scale commercial uses commonly found at shopping centers. The list of permitted uses in the CC zoning district and the development requirements in the LDC is a more efficient process to redevelop the site or fill existing tenant spaces in the current building on the site. If the subject commercial properties are rezoned to the CC zoning category, the City’s LDC will provide the permitted uses and site development requirements for the subject properties (Lot 1 and Lot 2). The proposed CC zoning district is appropriate for this location, consistent with the current Commercial FLU designation for the subject property and is compatible with the surrounding properties. The Staff Report is attached for more information. | attachments=3 | reports=1