March 20, 2013 Regular City Commission Meetings
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Items 1 - 3 - 1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
Items 1 - 3
1. ROLL CALL.2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
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Item 4 - Approval of the minutes of the March 6, 2013, Regular City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
Item 4
Approval of the minutes of the March 6, 2013, Regular City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.»
Item 5 - AGENDA APPROVAL.
Item 5
AGENDA APPROVAL.»
Item 6 - BEAUTIFICATION AWARDS - MARCH 2013 (pp. 10-12)
Residential Award: Lucious and Dorothy Gassett, 134 South Keech Street, Commissioner Paula R. Reed, Zone 6 to present. Commercial Award:
Sweet Marlays' Coffee, 214 South Beach Street, Mayor Derrick L. Henry to present.
Item 6
BEAUTIFICATION AWARDS - MARCH 2013 (pp. 10-12)Residential Award: Lucious and Dorothy Gassett, 134 South Keech Street, Commissioner Paula R. Reed, Zone 6 to present. Commercial Award:
Sweet Marlays' Coffee, 214 South Beach Street, Mayor Derrick L. Henry to present.
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Consent Agenda - Items 7A - 7H
Consent Agenda
Items 7A - 7H»
Item 8 - Rezoning – Planned Commercial Development, Daytona Beach Convention Hotel & Condominiums, DEV2012-110 (pp. 329-527) Ordinance on second reading – PUBLIC HEARING - approving a request to rezone 4.6± acres of land located at 442 N. Atlantic Avenue and 500 N. Atlantic Avenue,
rezoning the site from Tourist Accommodation (T-1) to Planned Commercial Development (PCD) for the purpose of establishing a 502-room convention hotel and 105-unit condominium tower, and to enter into a PCD Agreement, establishing development standards for the PCD. Applicant: Robert Merrill III, Esq., Cobb Cole,
on behalf of Alexey P. Lysich, Vice President, Protogroup, Inc., Reed Berger, Redevelopment Director, to report. Recommendation: Planning Board recommends approval 10-to-0. Action: Motion to adopt the Ordinance.
Item 8
Rezoning – Planned Commercial Development, Daytona Beach Convention Hotel & Condominiums, DEV2012-110 (pp. 329-527) Ordinance on second reading – PUBLIC HEARING - approving a request to rezone 4.6± acres of land located at 442 N. Atlantic Avenue and 500 N. Atlantic Avenue,rezoning the site from Tourist Accommodation (T-1) to Planned Commercial Development (PCD) for the purpose of establishing a 502-room convention hotel and 105-unit condominium tower, and to enter into a PCD Agreement, establishing development standards for the PCD. Applicant: Robert Merrill III, Esq., Cobb Cole,
on behalf of Alexey P. Lysich, Vice President, Protogroup, Inc., Reed Berger, Redevelopment Director, to report. Recommendation: Planning Board recommends approval 10-to-0. Action: Motion to adopt the Ordinance.
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Item 9A - Daytona Beach Convention Hotel & Condominiums Public Improvement Development Agreement - City Commission - Approval (pp. 528-547) Resolution approving an agreement with Protogroup, Inc., 120 Garden Street North, Palm Coast, Florida 32137, in relation to the proposal to develop property, generally located at 442 North Atlantic Avenue, as a four-star, 502-room convention hotel with an additional 105 condominium units associated with retail, service and other related uses. This Agreement requires Protogroup, Inc., to construct upgraded water, sewer and stormwater infrastructure improvements serving their project and other properties in that area; and requires them to construct improvements to the Oakridge Boulevard Pedestrian Beach Access. The City and Community Redevelopment Agency (CRA)
will reimburse Protogroup, Inc. for actual documented costs of construction for public
improvements located in the Main Street Redevelopment Area utilizing funds from the
Water Impact Fund, the Sewer Impact Fund, and Main Street Community Redevelopment Area Fund. There are no other City incentives associated with this project. Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution. Action: Motion to adopt the Resolution.
Item 9A
Daytona Beach Convention Hotel & Condominiums Public Improvement Development Agreement - City Commission - Approval (pp. 528-547) Resolution approving an agreement with Protogroup, Inc., 120 Garden Street North, Palm Coast, Florida 32137, in relation to the proposal to develop property, generally located at 442 North Atlantic Avenue, as a four-star, 502-room convention hotel with an additional 105 condominium units associated with retail, service and other related uses. This Agreement requires Protogroup, Inc., to construct upgraded water, sewer and stormwater infrastructure improvements serving their project and other properties in that area; and requires them to construct improvements to the Oakridge Boulevard Pedestrian Beach Access. The City and Community Redevelopment Agency (CRA)will reimburse Protogroup, Inc. for actual documented costs of construction for public
improvements located in the Main Street Redevelopment Area utilizing funds from the
Water Impact Fund, the Sewer Impact Fund, and Main Street Community Redevelopment Area Fund. There are no other City incentives associated with this project. Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution. Action: Motion to adopt the Resolution.
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Item 9B - Land Development Code (LDC) - Wastewater Collection and Treatment - Text Amendment (pp. 548-616) Ordinance on first reading - amending Article 7, Section 6 of the Land Development
Code (LDC) concerning direct and indirect contributions to the City’s wastewater collection, treatment, and disposal systems. Article 7, Section 6 of LDC regulates the
discharge of pollutants into the City’s wastewater treatment system. The regulations
require certain types of users to obtain permits and take other steps to limit or prohibit discharges of certain types of pollutants into the wastewater system. These limitations are required by federal and state regulations, including the Clean Water Act, and are designed to protect public health. The above prohibitions are a specific condition of
the National Pollution Discharge Elimination System (NPDES) permit that the City must have in place for the wastewater treatment system. The proposed amendment clarifies the existing LDC provisions by: adding or modifying definitions; providing more detailed testing requirements; clarifying permit contents; detailing reporting and record keeping requirements; and establishing best management practices that will allow for some flexibility in compliance measures. The proposed amendment also removes the Local Limits Table from the LDC and allows the City Commission to amend the Local Limits Table by Resolution consistent with FDEP guidelines. John J. Drago, Interim Utilities Director, to report. Recommendation: Planning Board recommends approval 8-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, April 3.
Item 9B
Land Development Code (LDC) - Wastewater Collection and Treatment - Text Amendment (pp. 548-616) Ordinance on first reading - amending Article 7, Section 6 of the Land DevelopmentCode (LDC) concerning direct and indirect contributions to the City’s wastewater collection, treatment, and disposal systems. Article 7, Section 6 of LDC regulates the
discharge of pollutants into the City’s wastewater treatment system. The regulations
require certain types of users to obtain permits and take other steps to limit or prohibit discharges of certain types of pollutants into the wastewater system. These limitations are required by federal and state regulations, including the Clean Water Act, and are designed to protect public health. The above prohibitions are a specific condition of
the National Pollution Discharge Elimination System (NPDES) permit that the City must have in place for the wastewater treatment system. The proposed amendment clarifies the existing LDC provisions by: adding or modifying definitions; providing more detailed testing requirements; clarifying permit contents; detailing reporting and record keeping requirements; and establishing best management practices that will allow for some flexibility in compliance measures. The proposed amendment also removes the Local Limits Table from the LDC and allows the City Commission to amend the Local Limits Table by Resolution consistent with FDEP guidelines. John J. Drago, Interim Utilities Director, to report. Recommendation: Planning Board recommends approval 8-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, April 3.
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Item 9C - Economic Development Advisory Board - Appointments (pp. 617-635) Resolution appointing three (3) members to the Economic Development Advisory Board. The membership terms for Larry McDermott and Tim Davis have expired and both individuals would like to continue to serve. There is an additional vacancy due to the resignation of Carl Lentz after his election to the City Commission. The board shall consist of nine (9) members with seven (7) of those to be registered electors of
the City serving for staggered three (3) year terms appointed by the City Commission. These seven (7) members shall be former members of the Economic Development Strategic Planning Committee and/or building contractors (BC), developers (D), members of financial institutions (FI), members of educational institutions (EI), members of cultural institutions (CI), members of welfare agencies (WA) and labor (L), business (B) and industrial representatives (IR). The two (2) additional members shall represent: the Volusia County Economic Development Department (VCEDD) and
the Halifax Area Chamber of Commerce (HACC) and shall be ex-officio, non-voting members.
We have four (4) additional applications from: Santokh Chhina, Dale Heuermann, Philip Ehlinger, and Dr. Willie Kimmons. Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action. Action: Motion to adopt the Resolution.
Item 9C
Economic Development Advisory Board - Appointments (pp. 617-635) Resolution appointing three (3) members to the Economic Development Advisory Board. The membership terms for Larry McDermott and Tim Davis have expired and both individuals would like to continue to serve. There is an additional vacancy due to the resignation of Carl Lentz after his election to the City Commission. The board shall consist of nine (9) members with seven (7) of those to be registered electors ofthe City serving for staggered three (3) year terms appointed by the City Commission. These seven (7) members shall be former members of the Economic Development Strategic Planning Committee and/or building contractors (BC), developers (D), members of financial institutions (FI), members of educational institutions (EI), members of cultural institutions (CI), members of welfare agencies (WA) and labor (L), business (B) and industrial representatives (IR). The two (2) additional members shall represent: the Volusia County Economic Development Department (VCEDD) and
the Halifax Area Chamber of Commerce (HACC) and shall be ex-officio, non-voting members.
We have four (4) additional applications from: Santokh Chhina, Dale Heuermann, Philip Ehlinger, and Dr. Willie Kimmons. Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action. Action: Motion to adopt the Resolution.
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Item 10 - CITIZENS.
10A. PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
Item 10
CITIZENS.10A. PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
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Items 11 & 12 - 11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.
12. ADJOURNMENT.
Items 11 & 12
11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.12. ADJOURNMENT.
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