|
|
|
|
|
| ||||
|
|
SEPTEMBER 16, 1997 7:00 PM
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend Isiah Paul, St. Johns Missionary Baptist Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4(A) - FY 97-98 Proposed Millage Rates RESOLUTION NO. 97 -173
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Resolution No. 97-173, as read by title only. Mr. Joe Lipscomb, 22 Shadow Creek Way, commented that the recent News-Journal article about the Volusia County taxes pointed out that the City ranked fifteenth out of sixteen local municipalities with a tax rate one half of the City of Daytona Beach. Mr. Lipscomb was very complimentary to the City for providing the citizens with exceptional services at such a low tax rate and commended the Commission and staff for a job well done.
Item #4(B) - Tentative Budget ORDINANCE NO. 97 - 57
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-57, on second reading, as read by title only.
Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #4(B). The motion carried unanimously. Item #5 - Approval of Minutes Mayor Hood advised the minutes of the September 3, 1997, meeting had been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Kelley moved, seconded by Commissioner Persis, to approve the minutes as submitted.
Item #6 - Audience Remarks There were no audience remarks. Item #7 - Consent Agenda Mayor Hood advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately. Commissioner Boyle asked that Item 7(C) be discussed separately. Commissioner Kelley moved, seconded by Commissioner Persis, for approval of the Consent Agenda minus Item 7(C).
Item 7(C) - Service Agreement between the City of Ormond Beach and Halifax Humane Society, Inc.
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Resolution No. 97-176, as read by title only. Ms. Alice Jaeger, 447 Triton Road, stated that her son was scratched by a stray cat which was captured but subsequently escaped from a Halifax Humane Society holding cage before rabies testing could be done, thus requiring that her son undergo a series of rabies shots. She requested the procedures at the Humane Society for handling this type of situation be reevaluated to assure this situation does not recur. Commissioner Boyle asked that the City communicate with the Humane Society to assure this does not happen again. Mayor Hood asked Mr. Ted MacLeod, Public Works Director, to call this to the attention of the Humane Society and that whatever processes that caused this to happen be resolved. He asked for a report on this matter at the next meeting.
Item #8(A) - "Ormond Funeral Home" Planned Business Development Ms. Mary Chervez, representing her father, Antonio Chervez, who owns the property adjacent to the proposed funeral home, asked if there would be a road going through this site. Mr. Jim Morris, attorney for the applicant, explained the site plan to Ms. Chervez, showing there will be no roadway through the property. Ms. Chervez stated her father’s concern is that they not be denied access to their property; whereby, Mayor Hood questioned the location of the Chervez property in relation to the proposed site. Mr. Clay Ervin, Planning Director, advised the Chervez property is north of the proposed site, with frontage on Granada Boulevard (State Road 40), so it is not landlocked. Mr. Ervin stated the Chervez property also dead ends just south of the YMCA and has access from those parcels as well. Mr. Morris pointed out that the Commission has a recommendation for approval from the Planning Board and the staff, and a recommendation for a variance grant of fifty-five (55) feet. He stated the City Manager’s Memorandum speaks completely to the request and the resolution prepared by the City Attorney, which is acceptable to his clients. He asked that unless there were further questions, the Commission approve the request. Mr. Ervin stated that the Board of Adjustments and Appeals granted a variance of up to fifty-five (55) feet, contingent upon the City Commission’s approval of this PBD. He stated that at this point, staff, the Development Review Board (DRB) and the Board of Adjustments and Appeals all agree the fifty-five (55) foot setback is acceptable and should be recommended for approval. He reminded the Commission that the only portion of the site under discussion is the portico or covered overhang, as the remainder of the building meets the seventy-five (75) foot setback. Commissioner Persis questioned why this was approved under B-9 zoning, and he expressed concern regarding funeral home processions on a busy thoroughfare. Mr. Ervin explained this is not a use allowed in the B-9 zoning district; but the PBD allows this use as long as it is compatible with the adjacent uses. He further advised staff had met with the Department of Transportation representatives and reviewed the various traffic patterns, concluding that this use would not create a major problem. He advised that the applicant requested the removal of six historic trees, three of which the City’s landscape architect verified are either hollow trunks or in the later days of life. He stated the other three trees are healthy, but mitigation makes their removal acceptable. He noted there are a considerable amount of trees on the site, and he feels the number of trees on the developed site will be acceptable. Mr. Mark Dowst, Mark Dowst & Associates, P.E., stated that the average trips per day is very low, and the average processions are only once or twice a week. He stated that the processions are very structured events with traffic assistance. He stated the Department of Transportation felt the second driveway was advantageous to minimum traffic problems. Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #8 (A). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-181, as read by title only.
(Commissioner Schecter arrived at approximately 8:15 p.m. during the discussion of Resolution No. 97-181.) Item 8(B) - "U.S. 1 Business Park" Planned Business Development Mark Dowst, Mark Dowst & Associates, P.E., stated this site has been in disrepair for quite some time and the proposed development would be a vast improvement. He stated the architectural treatment is above code requirements, and the Development Review Board voted unanimously to approve this project with only one issue outstanding which is the use of the existing sign. He stated the DRB recommended use of the sign by changing the existing panels. He stated a monument sign will not be as visible as the proposed sign due to the speed of traffic on U.S.#1. He stated the nearby non-conforming signs will be sunset within five years, and by that time, this project should be better able to handle the cost of a new sign. He stated the project needs every advantage financially to go forward with this redevelopment, and he displayed a plan which will cosmetically improve the sign. Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(B). The motion carried unanimously. RESOLUTION NO. 97 -182
Commissioner Kelley moved, seconded by Commissioner Boyle, for approval of Resolution No. 97-182, with the requirement the sign be upgraded as proposed by Mr. Dowst. Commissioner Boyle pointed out that the Commission can be flexible when necessary to accomplish a redevelopment project. He stated this redevelopment is critical and vital, and there should be parity between redevelopment and new development. He stated the Commission should do everything in its power to help this type of redevelopment. Mr. Ervin stated the staff recommended not to use the existing sign. He stated they are showing they willingness to be flexible by approving the quasi-industrial uses; but the staff’s concern is that this is a gateway into the City, and the standards have been relaxed in favor of redevelopment of this area. He stated the staff is concerned about the precedent being set regarding how the Greenbelt standards are being applied. Commissioner Schecter asked Mr. Ervin to summarize the staff recommendation regarding the garage doors; whereby, Mr. Ervin quoted Article III of the Land Development Code, which states that security/self-storage facilities garage doors will not be allowed to face toward right-of-way. He stated this project has three garage doors, although set far back, which do not meet code; however, staff proposed an alternative that if the doors were behind the existing front building, the intent of the code would be met because the doors would be facing the back of the building, rather than the roadway. Commissioner Schecter moved to amend the motion to require the garage doors to be placed behind the existing building and to require a monument sign. Commissioner Persis seconded the motion. Commissioner Persis asked what the difference in cost would be for a monument sign as opposed to refurbishing the existing sign; whereby, Mr. Dowst advised that the most expensive part of a sign is the foundation and supports which could be used on the existing sign. He stated he did not have the figures for the cost of a monument sign; however, the keeping of the existing sign on an arterial street with a speed limit of 55 m.p.h. to provide temporary support to this redevelopment project is extremely important. Mayor Hood stated that while the Commission is grateful that the developer is willing to invest funds to upgrade this property and would like to see the project a success, the Commission must have justification to approve the use of a non-conforming pole sign when the Handy Way constructed at Airport Road and U.S.#1 was not allowed to use an existing pole sign; whereby, Mr. Dowst stated this redevelopment project is in a less desirable site, and the developer asks for special consideration to assist in this redevelopment. Mayor Hood asked if the developer feels the refurbished sign is essential for exposure during the first year or two to ensure its economic viability, would the developer be willing to compromise to allow the replacement of the pole sign after two years rather than the current five year requirement. Commissioner Kelley stated he would be more inclined to support a monument sign if the area between the Tomoka River and Interstate 95 had been annexed into the City; however, many of the properties in that area are in a dilapidated condition and will probably never become part of the City. Therefore, he stated, the City has no control over the condition of those properties. He stated that any improvement that is to be made to a piece of property in this area that has been sitting vacant for three to four years should be provided flexibility by the City, which may provide the impetus to attract some of the other properties in this area to be annexed and provide a nice gateway to the City. Fred Disselkoen, City Attorney, stated the Land Development Code provides that when a place goes out of business, the owner is required to remove the sign, and if the City had enforced the Code, the new developer would not have the existing sign and a monument sign would be required without any question. He stated there is a provision in Section 14.05 stating any new signs cannot be erected until all existing non-conforming signs are removed or brought into compliance. He stated the compromise to allow two years to replace the sign is certainly within reason. Mr. Dowst asked if the time for replacement of the sign could be extended to three years; whereby, Mayor Hood suggested a compromise of two and a half years. Mr. Dowst agreed to two and a half years. Commissioner Schecter questioned staff’s position would be on a two and a half year sunset for the proposed sign; whereby, Mr. Ervin stated the staff does not want to see this type of development fail and two and a half years seems reasonable and acceptable. Commissioner Schecter withdrew his motion to amend relative to a requirement for a monument sign; however, he asked that the requirement for the garage doors to face the rear of the building on the front remain. Mr. Disselkoen advised the requirement relative to the garage doors is contained in the Development Order; therefore, no motion is required. Ms. Rita Press, 875 Wilmette Avenue, stated that the City has ordinances for signs, and the importance of the need for this sign is being overstated. She stated the City ordinances should be followed with no bargaining, and this action would set a bad precedent for future projects. Mayor Hood asked Commissioner Kelley if his motion included the conditional use of the existing sign for two and a half year. Commissioner Kelley stated that it did. Commissioner Boyle stated his second also included the conditional sign use for two and a half years. Commissioner Persis stated his concern for setting a precedent for redevelopment on U.S.#1. Fred Disselkoen stated that with this action, the Commission would basically be stating an existing sign may not merely have the copy changed but should be upgraded, with the cost to do amortized over a specified period, at which time a sign that would be required of a new development would be required. Mayor Hood asked that the Land Development Code be followed, thereby requiring that signs be removed when the business leaves so the commission is not placed in this position in the future. Fred Disselkoen asked for direction as to when the two and a half year period would begin, and Mayor Hood stated the time would begin from the date the Certificate of Occupancy is issued.
Item #8(C) - Bingo ORDINANCE NO. 97 - 58
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-58, on second reading, as read by title only. Commissioner Schecter moved, seconded by Commissioner Kelley, to close the public hearing on Item #8(C). The motion carried unanimously.
Item #8(D) - Travel Policy Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(D). The motion carried unanimously. ORDINANCE NO. 97 - 59
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-59, on second reading, as read by title only.
Item #8(E) - Consolidated Land Tomoka Company Land Use Commissioner Kelley moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(E). The motion carried unanimously. ORDINANCE NO. 97 - 60
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-60, on first and only reading, as read by title only.
Item #8(F) - Consolidated Land Tomoka Company Zoning Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #8(F). The motion carried unanimously. ORDINANCE NO. 97 - 61
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-61, on first and only reading, as read by title only.
Item #9 - Lakevue-Tract Subdivision Street Name Changes ORDINANCE NO. 97 - 62
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-62, on first reading, as read by title only.
Item #10 - Reports, Suggestions, Requests Fishing Pier Sign Commissioner Boyle asked that a sign be provided indicating the location of the City’s fishing pier. He stated he receives inquiries every day as to the location of the fishing pier. Mayor Hood asked Mr. MacLeod to address this. Recording of Votes - Commissioner David Schecter Commissioner Schecter asked that his vote in the affirmative be recorded for the Item Nos. 4, 5 and 7 with approval of the Mayor. The Mayor agreed to allow Commissioner Schecter’s votes to be recorded. Sidewalk Master Plan Commissioner Schecter asked that the Sidewalk Master Plan be placed on an agenda as soon as possible for discussion and staff recommendation. Commissioner Persis stated he also wished to discuss the Sidewalk Master Plan, although some sidewalk needs do not fit into the model and will need to be addressed. FCC Rules Mr. Disselkoen advised that a letter has been received from a company who has offered to oppose proposed FCC rules, and this letter was provided to the Commission prior to the meeting. Mr. Disselkoen suggested the City submit its own letter regarding the proposed FCC rules rather than pay the company $250.00 to include the City’s name on their letter of opposition. Maintenance of Fortunato Park Rest Rooms Mayor Hood advised he has received numerous complaints regarding the restrooms at Fortunato Park, and he asked that this problem be addressed. Item #11 - Close The Meeting The meeting was adjourned at 8:04 PM. |
|
|
