PLANNING COMMISSION FEBRUARY 3, 2016 COND Conditional Use for West Volusia Racing, Inc. 1

Property Summary Market Place shopping center MX-2 zoning (CG-1 uses) 30,000 sq. ft. vacant movie theater tenant space Parcel B is 23.6 acres, not including Kmart and outparcels Requires City Council approval Public comments 2

Project Summary Conditional Use to allow the relocation of the West Volusia Racing, Inc. pari- mutuel wagering license Request includes a 250-seat cardroom, pari-mutuel wagering facility, 138-seat sports bar and other accessory uses Request does not include any live racing 3

Review Criteria 4 The City may deny any application for Conditional Use based on one or more of the nine (9) criteria: 1. It is inconsistent with the purpose or intent of the Land Development Code. Recreation and Entertainment Establishments are allowed by Conditional Use in the CG-1 zoning classification. Proposed Condition: “The maximum number of cardroom seats is 250. Any additional cardroom seats will require a separate conditional use application. This conditional use also allows the following uses: Restaurant, type A with outdoor seating, bar or cocktail lounge, pari- mutuel wagering and other recreation and entertainment uses, such as comedy club, karoke facility or live music. This conditional use does not allow any of the following: sweepstakes centers, slot machines, live racing or adult entertainment as defined and regulated in the City’s Code of Ordinances, Chapter 2.5.”

Review Criteria 5 2. It is inconsistent with any element of the comprehensive plan. Future Land Use Element policies 1.1.1, 1.1.5, and apply. The policies encourage support of regional development, employment and urban infill projects within the Mixed Use designation. Volusia County serves the shopping center with water and wastewater facilities.

Review Criteria 6 3. It will adversely affect the public interest. If the public interest is defined as supporting economic development projects as the comprehensive plan policies suggest, then the following apply: * Increases occupancy rate of the shopping center * Creates an estimated 156 full-time jobs * Eligible for annual disbursement of Trust fund money from the State Proposed Condition: “ The City Council action of approving a conditional use application for recreation and entertainment establishment, which allows a cardroom and pari-mutuel wagering facility among other things, is intended to meet Florida State requirements of local government approval and specifically, F.S (16), thereby distributing eligible revenue to the City of Orange City.”

Review Criteria 7 4. It does not meet the expressed requirements of the applicable conditional use. Not Applicable 5. The applicant will not be able to meet all the requirements imposed by federal, state or local governments, or the by the planning commission. Proposed Condition: “ If the applicant fails to obtain a state license to operate a cardroom within twelve (12) months of rendition, this conditional use shall expire.”

Review Criteria 8 6. It will generate undue traffic congestion. Increases peak hour trips from 156 to 393 and impacts the following: * Veterans Memorial Parkway from Rhode Island to Harley Strickland * Southbound left turn lanes at Saxon/VMP * Westbound left turn at Saxon/Enterprise Comprehensive plan requires two (2) mobility enhancements. Proposed Condition: Extend turn lane by 200 ft. and pay $30,000 into City Sidewalk fund, before CO is issued.

Review Criteria 9 7. It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. Proposed Condition: “ Security and surveillance of the facility and the Market Place shopping center parking lot shall occur in accordance with the security plan received on November 25, 2015, and attached hereto. The owner shall contract with the City Police Department or Volusia County Sheriff Office for any off-duty law enforcement services.”

Review Criteria It will materially alter the character of the surrounding neighborhoods or adversely affect the value of surrounding land, structure or buildings. Proposed Condition: “The applicant shall install the landscaping, improve the building façade and renovate the interior tenant space as proposed in the landscape plan, exterior elevation and floor plan submitted to the City on January 4, 2016 and attached herein.”

Review Criteria It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. Not applicable.

Staff finds that with conditions the application for Conditional Use is compatible with the City’s Land Development Code and Comprehensive Plan and recommends that the Planning Commission forward to the City Council for approval. 12 Staff Recommendation:

QUESTIONS? March 8, City Council public hearing 13