DAYTONA BEACH SHORES — The Daytona Beach Shores Planning and Zoning Board voted to recommend that the City Commission approve a future land use map amendment and a zoning designation for 2920 South Peninsula Drive, a single-family property annexed into the city on July 1.
The action, presented by city planner Gwen Herstein, would add a Daytona Beach Shores Residential Low Intensity future land use designation and assign the city’s RSF zoning consistent with surrounding lots and the Volusia County R9 classification that covered the property before annexation.
The recommendation matters because it lets the city apply its land-use regulations to the property and allows the owner to seek city permits. “This action, if an affirmative recommendation is made, is the first step to adding a future land use for this property to the city's future land use map,” Gwen Herstein, city planner, told the board. Staff advised the board that the impact analysis met the city’s criteria and that public-notice requirements had been satisfied.
The property, owned by Andrew and Bonnie Melville, is 0.283 acres with about 91.5 feet of frontage on South Peninsula Drive and is roughly 1,600 feet north of the meeting location. Its current Future Land Use under Volusia County is Urban Low Intensity; the proposed Daytona Beach Shores Residential Low Intensity designation has the same maximum density of four units per acre, staff said.
The board moved and seconded a motion “to recommend to the city commission approval of ordinance 20 25-10 as presented” and later heard the companion rezoning item (Ordinance 20 25-11) assigning the RSF city zoning. Sherry (city clerk) conducted a roll call during the motions; the recorded responses were “Aye. Aye.” The board’s action was a recommendation to the City Commission, not final adoption by the commission.
Neighbors from the closest condominium association, identified in the record as residents of Silver Oceans West, asked whether annexation and the new city designations would permit commercial use or change short-term rental rules. Herstein told the board that the rezoning would not permit a nonresidential business use beyond what the city allows as a home occupation: “As far as opening a business that is not a home occupational business, this action is certainly not going to allow them to do that,” she said.
On short-term rentals, Herstein explained state-level limits on local regulation: “The rental idea is on the table as it is for basically any property… We have never in the last 20 plus years enacted a minimum rental period… The state in 2011 basically said cities, what you have is what you have. You can use those still, but you cannot make them more strict,” and later referenced additional state action in 2017–2018 that reinforced that limit. She added that the city could consider a rental registration or inspection program but that such a program “would also require probably a staff at least 1 staff member addition” and that staff has not recommended that step at this time.
Staff noted the property is already constructed and that the annexation and these city actions will permit the owners to pull permits and subject the property to city code enforcement going forward. The property owners were not present at the meeting; staff said they had appeared at least once previously.
The Planning and Zoning Board’s recommendation now goes to the Daytona Beach Shores City Commission for final consideration on subsequent reading(s).