October 2, 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 Minutes
Approval of the minutes of the July 24, 2013 - Special Meeting - City Commission -
BCU, the September 4, 2013 Regular City Commission Meeting, and the September 18,
2013 Regular City Commission Meeting held at City Hall, 301 South Ridgewood
Avenue, Daytona Beach, Florida.
Item 4
Approval of MinutesApproval of the minutes of the July 24, 2013 - Special Meeting - City Commission -
BCU, the September 4, 2013 Regular City Commission Meeting, and the September 18,
2013 Regular City Commission Meeting held at City Hall, 301 South Ridgewood
Avenue, Daytona Beach, Florida.
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Item 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.
Item 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 - 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 matter that is not on the Agenda.
Item 6
PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSIONDuring this time Citizens have the opportunity to address the City Commission on any
item on the Consent Agenda or any matter that is not on the Agenda.
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Consent Agenda - Consent Agenda: Item 7A
Consent Agenda
Consent Agenda: Item 7A»
Item 8 - PUBLIC HEARINGS.
8A.Large Scale Comprehensive Plan Amendment – Halifax Hospital Medical Center (pp.
12-52)
Resolution - PUBLIC HEARING - authorizing transmittal of a Large Scale
Comprehensive Plan Amendment to state agencies and local jurisdictions for review
and comments prior to final adoption. The amendment changes the Future Land Use
Map (FLUM) designation from Hospital to Mixed Use for 16.02± acres of land located
at the southwest corner of North Clyde Morris Boulevard and Dunn Avenue, to combine
the subject property with HHMC's other landholdings already having a Mixed Use
future land use map designation; and amending Neighborhood Policy P, Issue (i) to
update the Equivalency Matrix & Maximum Density/Intensity Table to reflect additional
development that can be built throughout the combined 93.52± acre property.
Applicant: Robert A. Merrell, Esq., on behalf of Michael S. Morgan with Halifax
Hospital Medical Center.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.
Item 8
PUBLIC HEARINGS.8A.Large Scale Comprehensive Plan Amendment – Halifax Hospital Medical Center (pp.
12-52)
Resolution - PUBLIC HEARING - authorizing transmittal of a Large Scale
Comprehensive Plan Amendment to state agencies and local jurisdictions for review
and comments prior to final adoption. The amendment changes the Future Land Use
Map (FLUM) designation from Hospital to Mixed Use for 16.02± acres of land located
at the southwest corner of North Clyde Morris Boulevard and Dunn Avenue, to combine
the subject property with HHMC's other landholdings already having a Mixed Use
future land use map designation; and amending Neighborhood Policy P, Issue (i) to
update the Equivalency Matrix & Maximum Density/Intensity Table to reflect additional
development that can be built throughout the combined 93.52± acre property.
Applicant: Robert A. Merrell, Esq., on behalf of Michael S. Morgan with Halifax
Hospital Medical Center.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.
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Item 9A - Code of Ordinances Amendment - Pedal Bus Tour Services for Hire (pp. 53-72)
Ordinance on first reading - amending the City Code of Ordinances to allow pedal bus
tour services for hire and to regulate their operation in the interest of public safety.
NovusAGENDA
http://agenda.codb.us/public/MeetingView.aspx?MeetingID=214&MinutesMeetingID=-1[9/27/2013 2:17:09 PM]
Steve Tishman, Partner of Limo Cycle Florida, LLC, is requesting the City to permit his
business, Limo Cycle Tours, to operate a 15-passenger, pedal powered bus in the EZone.
The proposed regulations address operator and vehicle safety, permits and fees,
similar to pedicabs, but specifically excludes operating on the Boardwalk. The use of
alcohol that is allowed on pedal buses in some cities is not included in the proposed
ordinance. Staff, including the Police Department, recommends this amendment to the
Code of Ordinances to allow and regulate pedal bus tour services for hire.
Reed Berger, Redevelopment Director, to report.
Recommendation: Redevelopment Director recommends passing the
Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 16.
Item 9A
Code of Ordinances Amendment - Pedal Bus Tour Services for Hire (pp. 53-72)Ordinance on first reading - amending the City Code of Ordinances to allow pedal bus
tour services for hire and to regulate their operation in the interest of public safety.
NovusAGENDA
http://agenda.codb.us/public/MeetingView.aspx?MeetingID=214&MinutesMeetingID=-1[9/27/2013 2:17:09 PM]
Steve Tishman, Partner of Limo Cycle Florida, LLC, is requesting the City to permit his
business, Limo Cycle Tours, to operate a 15-passenger, pedal powered bus in the EZone.
The proposed regulations address operator and vehicle safety, permits and fees,
similar to pedicabs, but specifically excludes operating on the Boardwalk. The use of
alcohol that is allowed on pedal buses in some cities is not included in the proposed
ordinance. Staff, including the Police Department, recommends this amendment to the
Code of Ordinances to allow and regulate pedal bus tour services for hire.
Reed Berger, Redevelopment Director, to report.
Recommendation: Redevelopment Director recommends passing the
Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 16.
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Item 9B - Rezoning – Planned Commercial Development First Amendment, Daytona Beach
Convention Hotel & Condominiums (pp. 73-226)
Ordinance on first reading - rezoning 1.3± acres of land located at 501 N. Atlantic
Avenue; amending the Daytona Beach Convention Hotel & Condominiums Planned
Commercial Development (PCD), to add 1.3± acres of land to the existing PCD to
include a free standing parking garage, increase the maximum dwelling units to 122, and
modifying the approved building elevations; and authorizing the Mayor to execute the
Amendment to the PCD. Applicant: Robert Merrell, III, Esq., on behalf of Alexey P.
Lysich, Vice President, Protogroup, Inc.
Reed Berger, Redevelopment Director, to report.
Recommendation: Redevelopment Director recommends passing the
Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 16.
Item 9B
Rezoning – Planned Commercial Development First Amendment, Daytona BeachConvention Hotel & Condominiums (pp. 73-226)
Ordinance on first reading - rezoning 1.3± acres of land located at 501 N. Atlantic
Avenue; amending the Daytona Beach Convention Hotel & Condominiums Planned
Commercial Development (PCD), to add 1.3± acres of land to the existing PCD to
include a free standing parking garage, increase the maximum dwelling units to 122, and
modifying the approved building elevations; and authorizing the Mayor to execute the
Amendment to the PCD. Applicant: Robert Merrell, III, Esq., on behalf of Alexey P.
Lysich, Vice President, Protogroup, Inc.
Reed Berger, Redevelopment Director, to report.
Recommendation: Redevelopment Director recommends passing the
Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 16.
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Item 9C - 2013-2014 State and Federal Legislative Priorities (pp. 227-231)
Resolution adopting the Commission's list of state and federal legislative priorities for
2013-2014. Based on concerns expressed by City Commissioners and issues discussed
during city budget planning sessions, a list of proposed state and federal legislative
priorities for 2013-2014 has been developed for review and approval by the City
Commission.
Hardy Smith, Governmental Relations Administrator, to report.
Recommendation: Government Relations Administrator recommends
adoption.
Action: Motion to adopt the Resolution.
Item 9C
2013-2014 State and Federal Legislative Priorities (pp. 227-231)Resolution adopting the Commission's list of state and federal legislative priorities for
2013-2014. Based on concerns expressed by City Commissioners and issues discussed
during city budget planning sessions, a list of proposed state and federal legislative
priorities for 2013-2014 has been developed for review and approval by the City
Commission.
Hardy Smith, Governmental Relations Administrator, to report.
Recommendation: Government Relations Administrator recommends
adoption.
Action: Motion to adopt the Resolution.
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Item 9D - Orange Avenue Improvement Project - County of Volusia - Interlocal Agreement -
Approval **Addendum added 09-27-13**
Resolution approving an Interlocal Agreement with the County of Volusia, providing
for the County's contribution funding toward the Orange Avenue Improvement Project
and the transfer of jurisdiction and maintenance of a portion of Orange Avenue to the
City. On July 25, 2013, the County Commission approved an Interlocal Agreement
negotiated by City and Volusia County staff over the past year regarding the conveyance
of ownership of Orange Avenue from Nova Road to Beach Street to the City, in
consideration of a $1.66 million cash grant and support and administration of a
$3,047,000 County/FDOT County Incentive Project Grant. The City Commission needs
to approve the Interlocal Agreement to complete the conveyance as negotiated by City
and County staff and approved by the County.
Ron McLemore, Deputy City Manager/Operations, to report.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
Action: Motion to adopt the Resolution.
Item 9D
Orange Avenue Improvement Project - County of Volusia - Interlocal Agreement -Approval **Addendum added 09-27-13**
Resolution approving an Interlocal Agreement with the County of Volusia, providing
for the County's contribution funding toward the Orange Avenue Improvement Project
and the transfer of jurisdiction and maintenance of a portion of Orange Avenue to the
City. On July 25, 2013, the County Commission approved an Interlocal Agreement
negotiated by City and Volusia County staff over the past year regarding the conveyance
of ownership of Orange Avenue from Nova Road to Beach Street to the City, in
consideration of a $1.66 million cash grant and support and administration of a
$3,047,000 County/FDOT County Incentive Project Grant. The City Commission needs
to approve the Interlocal Agreement to complete the conveyance as negotiated by City
and County staff and approved by the County.
Ron McLemore, Deputy City Manager/Operations, to report.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
Action: Motion to adopt the Resolution.
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Item 10 & 11 - 10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.
Item 10 & 11
10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITYMANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.
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