May 6, 2015 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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Items 4 & 5 - 4. APPROVAL OF MINUTES.
4A. Approval of Minutes
5. AGENDA APPROVAL.
THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELFEXPLANATORY AND ARE NOT EXPECTED TO REQUIRE REVIEW OR DISCUSSION. ITEMS WILL BE ENACTED BY ONE MOTION. IF DISCUSSION IS DESIRED BY ANY MEMBER OF THE COMMISSION, THAT ITEM MUST BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Items 4 & 5
4. APPROVAL OF MINUTES.4A. Approval of Minutes
5. AGENDA APPROVAL.
THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELFEXPLANATORY AND ARE NOT EXPECTED TO REQUIRE REVIEW OR DISCUSSION. ITEMS WILL BE ENACTED BY ONE MOTION. IF DISCUSSION IS DESIRED BY ANY MEMBER OF THE COMMISSION, THAT ITEM MUST BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
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Item 6 - PRESENTATION.
6A. Presentation - Team Volusia Economic Development Corporation (pp. 13-15) Representatives form Team Volusia Economic Development Corporation would like to give a brief update to the Mayor and the City Commission. Denise Mott, Team Volusia Director of Business Development and John Ferguson, Team Volusia, Immediate Past Chair to present.
Item 6
PRESENTATION.6A. Presentation - Team Volusia Economic Development Corporation (pp. 13-15) Representatives form Team Volusia Economic Development Corporation would like to give a brief update to the Mayor and the City Commission. Denise Mott, Team Volusia Director of Business Development and John Ferguson, Team Volusia, Immediate Past Chair to present.
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Item 7 - CITIZENS.
7A. PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION
During this time Citizens have the opportunity to address the City Commission on any item on the Consent Agenda or any other matter that is not on the Agenda.
Item 7
CITIZENS.7A. PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION
During this time Citizens have the opportunity to address the City Commission on any item on the Consent Agenda or any other matter that is not on the Agenda.
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Consent Agenda - PLEASE NOTE: ITEMS PULLED FROM THE CONSENT AGENDA MAY BE REMOVED FROM CONSIDERATION BY THE CITY COMMISSION AND CONTINUED FOR TWO (2)
WEEKS UNTIL THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING. (ONLY MEMBERS OF THE CITY COMMISSION MAY REMOVE ITEMS FROM THE AGENDA).
8A. Electronic Appearance of Commissioner Kelly White - Approval (pp. 17-18) Resolution approving Commissioner Kelly White’s request to appear at and participate in City Commission meetings electronically as needed due to her medical condition related to high risk pregnancy.
Recommendation: City Attorney recommends adoption of the Resolution.
8B. Halifax River Trail - Donnelly Road (Bellevue Avenue to Shady Place) - Florida
Department of Environmental Protections (FDEP) Recreational Trails Program Grant and Capital Improvement Plan (pp. 19-21) Resolution committing to amend the Capital Improvement Plan to include the Halifax River Trail - Donnelly Road Project as a requirement of the Florida Department of Environmental Protection (FDEP) Recreational Trails Program Grant submission. The Halifax Trail in a segment of the 3,000-mile East Coast Greenway Trail. This will fill the gap between Bellevue Avenue and Shady Place along Donnelly with a 12-foot wide
multipurpose trail. The FDEP Recreational Trails Grant will provide up to 80 percent of the total cost of this project and will require Commission acceptance of the grant funds if awarded.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8C. Quit Claim Deed - City of Daytona Beach to the County of Volusia (pp. 22-34) Resolution approving a Quit Claim Deed from the City to Volusia County for parcel 5339-01-03-0064, identified as 101A at 181 square feet and 101B at 245 square feet and execute the Donation of Property Letter so the County can construct and maintain curb and sidewalk facilities immediately outside their existing Orange Avenue right-ofway as part of the construction of the replacement Veterans Memorial Bridge.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8D. Utilities Department - Halifax River Subaqueous Sanitary Sewer Forcemain Project -
Contract No. 0415-3100- Approval (pp. 35-77)
Resolution approving a professional engineering consultant contract for design, permitting, bidding and construction phase services with McKim & Creed, 139 Executive Circle, Suite 201, Daytona Beach, FL 32114 in the amount of $574,086 for the Halifax River Subaqueous Sanitary Sewer Forcemain Project. This project will replace the only sanitary sewer forcemain from the City’s Beachside to the Bethune Point Wastewater Treatment Plant and provide additional capacity for an approved sanitary sewer service agreement with Daytona Beach Shores. Funds available in the Water and Sewer Improvement Fund.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8E. Volusia County School Board School Resource Officer Memorandum of Understanding - Amendment Approval (pp. 78-92) Resolution to approve the minor amendments to the Memorandum of Understanding with the Volusia County School Board. The City of Daytona Beach was awarded a
Community Policing Oriented Grant for ten (10) School Resource Officers under Resolution No. 14-166. A Memorandum of Understanding (MOU) was signed between the Daytona Beach Police Department and the Volusia County School Board under Resolution No. 15-14. The amendments were requested by the United States Department of Justice COPS Office.
Recommendation: Chief of Police recommends adoption of the Resolution.
8F. Utilities Department - Amendment to Professional Engineering Services Contract
Number 2005-07 - Tetra Tech, Inc. (pp. 93-103)
Resolution approving amendment No. 3 to the Professional Engineering Services Contract number 2005-07 with Tetra Tech, Inc., 201 East Pine Street, Suite 1000, Orlando, FL 32801. Tetra Tech, Inc. provides services for work related to maintaining, upgrading, expanding, and planning for future growth in conformance with utilities master plans and provides assistance in matters relating to the City's Consumptive Use Permit. The amendment addresses a name change from Hartman & Associates to Tetra
Tech; adjustment in rates to account for current industry standards; authorize City
Manager to approve the rates every three (3) years; and update other provisions for
consistency. No funding is associated with this request.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8G. Daytona Beach Wayfinding Signage - Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement - Acceptance (pp. 104-132) Resolution approving a Florida Department of Transportation, Local Agency Program (LAP) Agreement that provides a $465,000 grant award to implement the Wayfinging
Signage System; and amending the current fiscal year’s Revenue and Expense Budget in accordance with the grant funds. Resolution No. 15-94 approved a Way finding Signage Master Plan and Destination Criteria. The project is 100 percent funded with and FDOT LAP reimbursement.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8H. Halifax River Trail- ISB Underpass (Riverfront to City Island) FDOT LAP Agreement
Acceptance (pp. 133-187) Resolution relating to the extension of the East Coast Greenway Trail from Riverfront Park to Beach Street through the International Speedway Boulevard Underpass;
approving a the Florida Department of Transportation (FDOT) Local Agency Program
(LAP) Agreement for provision of up to $343,713 toward project costs; approving a project agreement with Florida Department of Environmental Protection (FDEP) for provision up to $138,676 towards project costs; authorizing matching funds for these agreements; and authorizing a Budget Amendment to provide for the grant awards and funding sources for the project. Funds available in the 5-Cent Transportation Gas Tax Fund.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8I. Halifax River Greenway Trail – Palmetto Ave (Beville Rd. to Wilder Blvd.) - FDOT LAP Agreement Acceptance (pp. 188-210) Resolution authorizing the acceptance of the Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement for the construction of a Multi-Use Trail along Palmetto Avenue between Beville Road and Wilder Boulevard. The current Opinion of Probable Cost for constructing this project is $138,604. Construction costs up to $90,000 are reimbursable under the LAP agreement and CEI services will be completed by Public Works Engineering staff. If there is an outstanding balance not covered by the LAP Agreement after the bids come in, funding will be provided by the 5-Cents Gas Tax Fund.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8J. Halifax Harbor Marina Fuel - Low Bid Acceptance (pp. 211-221) Resolution accepting the low bid of Gate Fuel Service, Inc., P.O. Box 23627, Jacksonville, FL 32241-3627, for as-needed gasoline and diesel fuel for Halifax Harbor Marina for a three-year period subject to budgeting during the term of the agreement;
and authorizing the expenditure of funds not to exceed $350,000 for FY 2014-2015. Funds available in the Halifax Harbor Fund.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
8K. Forest Chopping Services - Contract Approval (pp. 222-249) Resolution approving a contract with A-1 South District Forestry, Inc., 17662 81st Road McAlpin, Florida 32062, in the amount of $27,400 to provide forest chopping services for the City’s Tiger Bay area property between I-4 and U.S. 92. Last year the
City property on U.S. 92 was the victim of a fire caused by an industrial accident. Where able, wood was harvested in the area of the fire, but restoration of the affected areas to maximize economic potential of the land is needed. A Land Use Options Report prepared by Long Leaf Forest Services, Inc. suggested that forest chopping in two phases is the most economical means of preparing the land for pasture or hay field use. Funds available in the General Fund.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8L. Utilities Department - Gardiner Court Stormwater Pump Station and Beach Street
Backflow Preventer - Low Bid Acceptance (pp. 250-268) Resolution accepting the low bid from Hazen Construction, LLC, 1599 Tionia Road, New Smyrna Beach, FL 32168 in an amount not to exceed $354,940, to install a stormwater pump station to help mitigate localized drainage issues on Gardiner Court. The pump station will collect stormwater in low lying areas and pump it to the Halifax River during significant rain events. The backflow preventer on South Beach Street will help mitigate flooding from the Halifax River during high tides. Funds available in the Stormwater Improvement Fund.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8M. Utilities Department - Gardiner Ct. Stormwater Pump Station- Purchase Sole Source -
Standardization (pp. 269-273) Resolution approving the sole source purchase of one prefabricated stormwater pump station from Xylem Water Solutions U.S.A. Inc., 2152 Sprint Boulevard, Apopka, Florida 32703 in an amount not to exceed $61,512. The pump station will collect stormwater in low lying areas and pump it to the Halifax River during significant rain
events.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8N. Fire Department Command Vehicle - Replacement (pp. 274-279) Resolution authoring the purchase of one (1) 2015 Chevrolet Silverado 2500 HD command vehicle for a total cost not to exceed $50,521.80 from Alan Jay Fleet Sales - 2003 US 27. South Sebring, FL 33870; and authorizing the City Manager to execute all applicable documents and budget documents as necessary. The vehicle shall be
purchased utilizing the cooperative Florida Sheriff's Association Bid Award #'s 14-12-
0904 and 14-22-0904 Spec 54 FAN#000802922. Funds available in the General Fund.
Recommendation: Fire Chief recommends adoption of the Resolution.
Consent Agenda
PLEASE NOTE: ITEMS PULLED FROM THE CONSENT AGENDA MAY BE REMOVED FROM CONSIDERATION BY THE CITY COMMISSION AND CONTINUED FOR TWO (2)WEEKS UNTIL THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING. (ONLY MEMBERS OF THE CITY COMMISSION MAY REMOVE ITEMS FROM THE AGENDA).
8A. Electronic Appearance of Commissioner Kelly White - Approval (pp. 17-18) Resolution approving Commissioner Kelly White’s request to appear at and participate in City Commission meetings electronically as needed due to her medical condition related to high risk pregnancy.
Recommendation: City Attorney recommends adoption of the Resolution.
8B. Halifax River Trail - Donnelly Road (Bellevue Avenue to Shady Place) - Florida
Department of Environmental Protections (FDEP) Recreational Trails Program Grant and Capital Improvement Plan (pp. 19-21) Resolution committing to amend the Capital Improvement Plan to include the Halifax River Trail - Donnelly Road Project as a requirement of the Florida Department of Environmental Protection (FDEP) Recreational Trails Program Grant submission. The Halifax Trail in a segment of the 3,000-mile East Coast Greenway Trail. This will fill the gap between Bellevue Avenue and Shady Place along Donnelly with a 12-foot wide
multipurpose trail. The FDEP Recreational Trails Grant will provide up to 80 percent of the total cost of this project and will require Commission acceptance of the grant funds if awarded.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8C. Quit Claim Deed - City of Daytona Beach to the County of Volusia (pp. 22-34) Resolution approving a Quit Claim Deed from the City to Volusia County for parcel 5339-01-03-0064, identified as 101A at 181 square feet and 101B at 245 square feet and execute the Donation of Property Letter so the County can construct and maintain curb and sidewalk facilities immediately outside their existing Orange Avenue right-ofway as part of the construction of the replacement Veterans Memorial Bridge.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8D. Utilities Department - Halifax River Subaqueous Sanitary Sewer Forcemain Project -
Contract No. 0415-3100- Approval (pp. 35-77)
Resolution approving a professional engineering consultant contract for design, permitting, bidding and construction phase services with McKim & Creed, 139 Executive Circle, Suite 201, Daytona Beach, FL 32114 in the amount of $574,086 for the Halifax River Subaqueous Sanitary Sewer Forcemain Project. This project will replace the only sanitary sewer forcemain from the City’s Beachside to the Bethune Point Wastewater Treatment Plant and provide additional capacity for an approved sanitary sewer service agreement with Daytona Beach Shores. Funds available in the Water and Sewer Improvement Fund.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8E. Volusia County School Board School Resource Officer Memorandum of Understanding - Amendment Approval (pp. 78-92) Resolution to approve the minor amendments to the Memorandum of Understanding with the Volusia County School Board. The City of Daytona Beach was awarded a
Community Policing Oriented Grant for ten (10) School Resource Officers under Resolution No. 14-166. A Memorandum of Understanding (MOU) was signed between the Daytona Beach Police Department and the Volusia County School Board under Resolution No. 15-14. The amendments were requested by the United States Department of Justice COPS Office.
Recommendation: Chief of Police recommends adoption of the Resolution.
8F. Utilities Department - Amendment to Professional Engineering Services Contract
Number 2005-07 - Tetra Tech, Inc. (pp. 93-103)
Resolution approving amendment No. 3 to the Professional Engineering Services Contract number 2005-07 with Tetra Tech, Inc., 201 East Pine Street, Suite 1000, Orlando, FL 32801. Tetra Tech, Inc. provides services for work related to maintaining, upgrading, expanding, and planning for future growth in conformance with utilities master plans and provides assistance in matters relating to the City's Consumptive Use Permit. The amendment addresses a name change from Hartman & Associates to Tetra
Tech; adjustment in rates to account for current industry standards; authorize City
Manager to approve the rates every three (3) years; and update other provisions for
consistency. No funding is associated with this request.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8G. Daytona Beach Wayfinding Signage - Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement - Acceptance (pp. 104-132) Resolution approving a Florida Department of Transportation, Local Agency Program (LAP) Agreement that provides a $465,000 grant award to implement the Wayfinging
Signage System; and amending the current fiscal year’s Revenue and Expense Budget in accordance with the grant funds. Resolution No. 15-94 approved a Way finding Signage Master Plan and Destination Criteria. The project is 100 percent funded with and FDOT LAP reimbursement.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8H. Halifax River Trail- ISB Underpass (Riverfront to City Island) FDOT LAP Agreement
Acceptance (pp. 133-187) Resolution relating to the extension of the East Coast Greenway Trail from Riverfront Park to Beach Street through the International Speedway Boulevard Underpass;
approving a the Florida Department of Transportation (FDOT) Local Agency Program
(LAP) Agreement for provision of up to $343,713 toward project costs; approving a project agreement with Florida Department of Environmental Protection (FDEP) for provision up to $138,676 towards project costs; authorizing matching funds for these agreements; and authorizing a Budget Amendment to provide for the grant awards and funding sources for the project. Funds available in the 5-Cent Transportation Gas Tax Fund.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8I. Halifax River Greenway Trail – Palmetto Ave (Beville Rd. to Wilder Blvd.) - FDOT LAP Agreement Acceptance (pp. 188-210) Resolution authorizing the acceptance of the Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement for the construction of a Multi-Use Trail along Palmetto Avenue between Beville Road and Wilder Boulevard. The current Opinion of Probable Cost for constructing this project is $138,604. Construction costs up to $90,000 are reimbursable under the LAP agreement and CEI services will be completed by Public Works Engineering staff. If there is an outstanding balance not covered by the LAP Agreement after the bids come in, funding will be provided by the 5-Cents Gas Tax Fund.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8J. Halifax Harbor Marina Fuel - Low Bid Acceptance (pp. 211-221) Resolution accepting the low bid of Gate Fuel Service, Inc., P.O. Box 23627, Jacksonville, FL 32241-3627, for as-needed gasoline and diesel fuel for Halifax Harbor Marina for a three-year period subject to budgeting during the term of the agreement;
and authorizing the expenditure of funds not to exceed $350,000 for FY 2014-2015. Funds available in the Halifax Harbor Fund.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
8K. Forest Chopping Services - Contract Approval (pp. 222-249) Resolution approving a contract with A-1 South District Forestry, Inc., 17662 81st Road McAlpin, Florida 32062, in the amount of $27,400 to provide forest chopping services for the City’s Tiger Bay area property between I-4 and U.S. 92. Last year the
City property on U.S. 92 was the victim of a fire caused by an industrial accident. Where able, wood was harvested in the area of the fire, but restoration of the affected areas to maximize economic potential of the land is needed. A Land Use Options Report prepared by Long Leaf Forest Services, Inc. suggested that forest chopping in two phases is the most economical means of preparing the land for pasture or hay field use. Funds available in the General Fund.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8L. Utilities Department - Gardiner Court Stormwater Pump Station and Beach Street
Backflow Preventer - Low Bid Acceptance (pp. 250-268) Resolution accepting the low bid from Hazen Construction, LLC, 1599 Tionia Road, New Smyrna Beach, FL 32168 in an amount not to exceed $354,940, to install a stormwater pump station to help mitigate localized drainage issues on Gardiner Court. The pump station will collect stormwater in low lying areas and pump it to the Halifax River during significant rain events. The backflow preventer on South Beach Street will help mitigate flooding from the Halifax River during high tides. Funds available in the Stormwater Improvement Fund.
Recommendation: Interim Public Works Director recommends adoption of the Resolution.
8M. Utilities Department - Gardiner Ct. Stormwater Pump Station- Purchase Sole Source -
Standardization (pp. 269-273) Resolution approving the sole source purchase of one prefabricated stormwater pump station from Xylem Water Solutions U.S.A. Inc., 2152 Sprint Boulevard, Apopka, Florida 32703 in an amount not to exceed $61,512. The pump station will collect stormwater in low lying areas and pump it to the Halifax River during significant rain
events.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8N. Fire Department Command Vehicle - Replacement (pp. 274-279) Resolution authoring the purchase of one (1) 2015 Chevrolet Silverado 2500 HD command vehicle for a total cost not to exceed $50,521.80 from Alan Jay Fleet Sales - 2003 US 27. South Sebring, FL 33870; and authorizing the City Manager to execute all applicable documents and budget documents as necessary. The vehicle shall be
purchased utilizing the cooperative Florida Sheriff's Association Bid Award #'s 14-12-
0904 and 14-22-0904 Spec 54 FAN#000802922. Funds available in the General Fund.
Recommendation: Fire Chief recommends adoption of the Resolution.
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Item 9A - Land Development Code Text Amendment - Midtown Redevelopment District Use Tables (pp. 280-318)
Ordinance on second reading - PUBLIC HEARING - to amend the Land Development Code (LDC), Article 5: Use Standards, Section 5.2 Principal Uses, Subsection 5.2.A Principal Use Tables 5.2.A.3 Principal Use Table for Redevelopment
Districts. Applicant: Development and Administrative Services Department, Redevelopment Division. Reed Berger, Redevelopment Director, to report.
Recommendation: Midtown Redevelopment Board recommended approval 9-to-0. Planning Board recommended approval 7-to-0.
Action: Motion to adopt the Ordinance.
Item 9A
Land Development Code Text Amendment - Midtown Redevelopment District Use Tables (pp. 280-318)Ordinance on second reading - PUBLIC HEARING - to amend the Land Development Code (LDC), Article 5: Use Standards, Section 5.2 Principal Uses, Subsection 5.2.A Principal Use Tables 5.2.A.3 Principal Use Table for Redevelopment
Districts. Applicant: Development and Administrative Services Department, Redevelopment Division. Reed Berger, Redevelopment Director, to report.
Recommendation: Midtown Redevelopment Board recommended approval 9-to-0. Planning Board recommended approval 7-to-0.
Action: Motion to adopt the Ordinance.
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Item 9B - Midtown Master Plan - Rezoning (pp. 319-363)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone 598.82± acres located generally in the area bounded by the F.E.C. Railroad on the east, George W. Engram Boulevard on the north, Nova Road on the west, and Orange Avenue on the south and extends south on Martin Luther King Boulevard to Shady
Place to be consistent with the adopted Midtown Master Plan/Redevelopment Plan.
Applicant: Development and Administrative Services Department, Redevelopment Division.
Reed Berger, Redevelopment Director, to report.
Recommendation: Midtown Redevelopment Board recommended approval 9-to-0. Planning Board recommended approval 7-to-0.
Action: Motion to adopt the Ordinance.
Item 9B
Midtown Master Plan - Rezoning (pp. 319-363)Ordinance on second reading - PUBLIC HEARING - approving a request to rezone 598.82± acres located generally in the area bounded by the F.E.C. Railroad on the east, George W. Engram Boulevard on the north, Nova Road on the west, and Orange Avenue on the south and extends south on Martin Luther King Boulevard to Shady
Place to be consistent with the adopted Midtown Master Plan/Redevelopment Plan.
Applicant: Development and Administrative Services Department, Redevelopment Division.
Reed Berger, Redevelopment Director, to report.
Recommendation: Midtown Redevelopment Board recommended approval 9-to-0. Planning Board recommended approval 7-to-0.
Action: Motion to adopt the Ordinance.
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Item 10A - Repeal Ordinance 12-297 and release excess slips allocated to the Overlook Residential
Planned Unit Development (pp. 364-420)
Ordinance on first reading - repealing Ordinance 12-297 which rezoned 8± acres of
submerged land located offshore from 100 and 101 Seabreeze Boulevard to Residential Planned Unit Development (RPUD) District and approved amendment of the Overlook RPUD Agreement to include the submerged land and allow for construction of a marina; and releasing the allocation of 132 excess boat slips reserved for the Marina pursuant to Resolution No. 12-298.
Applicant: Development and Administrative
Services Department, Planning Division.
Rich Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, May 20.
Item 10A
Repeal Ordinance 12-297 and release excess slips allocated to the Overlook ResidentialPlanned Unit Development (pp. 364-420)
Ordinance on first reading - repealing Ordinance 12-297 which rezoned 8± acres of
submerged land located offshore from 100 and 101 Seabreeze Boulevard to Residential Planned Unit Development (RPUD) District and approved amendment of the Overlook RPUD Agreement to include the submerged land and allow for construction of a marina; and releasing the allocation of 132 excess boat slips reserved for the Marina pursuant to Resolution No. 12-298.
Applicant: Development and Administrative
Services Department, Planning Division.
Rich Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, May 20.
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Item 10B - Code of Ordinances - Text Amendment - Section 63-32 (Fireworks) (pp. 421-424) Ordinance on first reading - amending Section 63-32 of City Code (Fireworks). Amending language of subsection (c) to provide for an all-encompassing definition of a "firework" as defined by Florida Statute 791.01(4)(a). To allow for consistency and permanence. To allow for the continued protection of life and property. Dru Driscoll, Fire Chief, to report.
Recommendation: Fire Chief recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance.
Note: If passed, Public Hearing, May 20.
Item 10B
Code of Ordinances - Text Amendment - Section 63-32 (Fireworks) (pp. 421-424) Ordinance on first reading - amending Section 63-32 of City Code (Fireworks). Amending language of subsection (c) to provide for an all-encompassing definition of a "firework" as defined by Florida Statute 791.01(4)(a). To allow for consistency and permanence. To allow for the continued protection of life and property. Dru Driscoll, Fire Chief, to report.Recommendation: Fire Chief recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance.
Note: If passed, Public Hearing, May 20.
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Item 10C - Orthopaedic Surgery Center (PD-G) - Rezoning and Preliminary Plat (pp. 425-459) Ordinance on first reading - approving a request to rezone 1.8± acres of land located at 1871 LPGA Boulevard from M-4 Industrial Park to Planned Development-General (PD-G) to construct an 11,050 square foot surgery center and associated site improvements to allow for professional and business service uses, authorizing the Mayor to execute the PD Agreement and approval of the Ortho Subdivision
Preliminary Plat. Applicant: Mark S. Dowst, P.E., Mark Dowst & Associates, Inc. on behalf of Indigo Development, Inc. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 5-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, May 20.
Item 10C
Orthopaedic Surgery Center (PD-G) - Rezoning and Preliminary Plat (pp. 425-459) Ordinance on first reading - approving a request to rezone 1.8± acres of land located at 1871 LPGA Boulevard from M-4 Industrial Park to Planned Development-General (PD-G) to construct an 11,050 square foot surgery center and associated site improvements to allow for professional and business service uses, authorizing the Mayor to execute the PD Agreement and approval of the Ortho SubdivisionPreliminary Plat. Applicant: Mark S. Dowst, P.E., Mark Dowst & Associates, Inc. on behalf of Indigo Development, Inc. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 5-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, May 20.
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Item 10D - Land Development Code Text Amendment - Permitting EMC's for Media Facility Uses
(pp. 460-475) Ordinance on first reading - amending the Land Development Code, Article 6
(Development Standards), Section 6 (Signage), permitting Electronic Message Center Signs as part of a Comprehensive Sign Plan for media facility uses with daily circulation or viewers of 50,000 or more provided the facility has frontage on a major state maintained roadway.
Applicant: James S. Morris, P.A. on behalf of 901 6th, LLC. Richard Walton, Planning Director, to report,
Recommendation: Planning Board recommends approval 8-to-0.
Action: Motion to adopt the Ordinance on first reading.
Note: If passed, Public Hearing, May 20.
Item 10D
Land Development Code Text Amendment - Permitting EMC's for Media Facility Uses(pp. 460-475) Ordinance on first reading - amending the Land Development Code, Article 6
(Development Standards), Section 6 (Signage), permitting Electronic Message Center Signs as part of a Comprehensive Sign Plan for media facility uses with daily circulation or viewers of 50,000 or more provided the facility has frontage on a major state maintained roadway.
Applicant: James S. Morris, P.A. on behalf of 901 6th, LLC. Richard Walton, Planning Director, to report,
Recommendation: Planning Board recommends approval 8-to-0.
Action: Motion to adopt the Ordinance on first reading.
Note: If passed, Public Hearing, May 20.
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Item 10E - Land Development Code Text Amendment – Permitting EMC’s at Retail Centers within
0.5 mile of an interchange on I-95 (pp. 476-490)
Ordinance on first reading - amending the Land Development Code, Article 6 (Development Standards), Section 6 (Signage), permitting Electronic Message Center Signs for retail centers on sites greater than 35 acres and within 0.5 mile of an interchange on Interstate 95. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Indigo Development, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing May 20.
Item 10E
Land Development Code Text Amendment – Permitting EMC’s at Retail Centers within0.5 mile of an interchange on I-95 (pp. 476-490)
Ordinance on first reading - amending the Land Development Code, Article 6 (Development Standards), Section 6 (Signage), permitting Electronic Message Center Signs for retail centers on sites greater than 35 acres and within 0.5 mile of an interchange on Interstate 95. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Indigo Development, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing May 20.
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Item 10F - Tomoka Town Center - Large Scale Comprehensive Plan Amendment (pp. 491-532) Ordinance on first reading - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) previously transmitted to state and local jurisdictions changing issues and policies to Neighborhood “S” of the Future Land Use Element to regulate the overall
intensity of the development affecting 186.8+/- acres and changing the Future Land Use Map (FLUM) designation from General Industrial to Mixed Uses and Interchange Commercial and also from Mixed Uses to Interchange Commercial for 124.7+/- acres of the total 186.8+/- acres generally located at the southeast corner of Interstate 95 and LPGA Boulevard west of Williamson Boulevard. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Indigo Development, LLC. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, May 20.
Item 10F
Tomoka Town Center - Large Scale Comprehensive Plan Amendment (pp. 491-532) Ordinance on first reading - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) previously transmitted to state and local jurisdictions changing issues and policies to Neighborhood “S” of the Future Land Use Element to regulate the overallintensity of the development affecting 186.8+/- acres and changing the Future Land Use Map (FLUM) designation from General Industrial to Mixed Uses and Interchange Commercial and also from Mixed Uses to Interchange Commercial for 124.7+/- acres of the total 186.8+/- acres generally located at the southeast corner of Interstate 95 and LPGA Boulevard west of Williamson Boulevard. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Indigo Development, LLC. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, May 20.
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Item 10G - Interstate Retail Planned Development - General (PD-G) (a.k.a. Project Shopper) - Rezoning (pp. 533-600) Ordinance on first reading - approving a request to rezone 39± acres of land located
east of I-95 and south of LPGA from M-4 (Industrial Park) to Planned Development -
General (PD-G) to allow for the development of a 400,000± square foot retail shopping center with associated improvements and authorizing the Mayor to execute the PD Agreement. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf Indigo
Development LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, May 20.
Item 10G
Interstate Retail Planned Development - General (PD-G) (a.k.a. Project Shopper) - Rezoning (pp. 533-600) Ordinance on first reading - approving a request to rezone 39± acres of land locatedeast of I-95 and south of LPGA from M-4 (Industrial Park) to Planned Development -
General (PD-G) to allow for the development of a 400,000± square foot retail shopping center with associated improvements and authorizing the Mayor to execute the PD Agreement. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf Indigo
Development LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, May 20.
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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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