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FEBRUARY 16, 1999 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma B. Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Father J.P. Morgan, St. Brendan’s Catholic Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Approval of Minutes Mayor Hood advised the Minutes of the February 2, 1999, regular City Commission meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Persis moved, seconded by Commissioner Gillooly, to approve the minutes as submitted.
Item #5 - Employee Recognition Police Chief Larry Mathieson recognized the City’s personnel and volunteers for their outstanding performance during the 1998 Firestorm. Chief Mathieson honored Assistant Chief Michael Longfellow with a plaque for providing valuable input during the preparation and leadership during the operational phases of the fires. He noted Assistant Chief Longfellow put in 18 to 19 hour days only four (4) months after having triple valve bypass heart surgery. Chief Mathieson also gave plaques honoring Lieutenant Douglas Diamond for coordinating and assigning the operational resources even though his own home was threatened by the fires; Sergeant George Coluccio honored with the "Above and Beyond Award" by the Ormond Beach Chamber of Commerce and the Police Department for leading evacuation efforts on July 1, 1998, and for taking the initiative to organize a fund raiser for a dispatcher who is suffering from a debilitating lung disease; Officer Mike Judd as Public Information Officer who worked with media from around the world; Amy Yelverton, Supervisor of the Police Athletic League, who coordinated a Rumor Control Center; Kevin Gray for supplying critical resources at a moments notice; Lynn Gossett for being a volunteer who helped to prepared the Field Training and Evaluation Manual; and bestowed the Police Department’s Medal of Valor on Officer Tate Dennis, Officer Richard Preis, and Corporal Jamie Gogarty for staying with the citizens they were evacuating until Volusia County deputies and the Fire Department could assist them even though they became trapped in a circle of flames and smoke. Chief Mathieson thanked each for their contribution to the Police Department and the City of Ormond Beach. Fire Chief Barry Baker expressed pride in Ormond Beach firefighters. He stated that Ormond Beach had 44 people in the Fire Department during the 1998 firestorm and without any one of these people, they could not have accomplished what they did; therefore, he recognized all 44 employees. Chief Baker displayed a group of pictures indicative of the activity in Ormond Beach, and reported one of each of these pictures will hang in each of the fire stations with a plaque, thanking them for their outstanding efforts during the firestorms of 1998. Chief Baker stated the Fire Department prides itself on a team effort, and it is a stronger team today than last year. He shared a picture of a firefighter with Mickey Mouse, signed by Disney’s Mickey Mouse and recognizing the Ormond Beach Fire Department. Chief Baker also displayed a copy of the magazine Florida Fire Service Today, a statewide publication by the Florida State Fire Chiefs, the cover of which depicts the Ormond Beach Fire Department members doing their technical rescue drill, a pilot program initiated by Ormond Beach along with Daytona Beach and Port Orange. Mayor Hood, speaking for the entire City Commission, complemented the Fire Department, Police Department and volunteers for all they have done for Ormond Beach. Item #6 - Audience Remarks Beach Approach Car Break Ins Ms. Laura Jones, 59 Amsden Road, reported there was not a single car break in at the Ormond Beach approaches in January. She expressed appreciation to the Ormond Beach Police Department, Volusia County Sheriff’s Department, and the Beach Patrol for making this happen. Code Enforcement Complaint Mr. Jack Veling, 238 Warwick Avenue, reported a problem with large vehicles parked in his neighbor’s yard. He stated he had his house appraised, and lost a sale because of the neighbor’s parked vehicles. Mayor Hood asked staff if Mr. Veling’s neighbor is violating the Code; whereby, Mr. Ted MacLeod, Public Works Director, indicated he is not familiar with this particular case, but will research it. Mayor Hood requested Mr. MacLeod investigate the situation and provide information in the next meeting’s packet, at which time Mr. Veling can address the City Commission again, if necessary. Teen Advisory Board Mr. Jordan Schemmel, 14 Sandpiper Lane, offered a written proposal for the creation of a City of Ormond Beach Teen Advisory Board. He noted the proposed Teen Advisory Board’s Vision Statement declares that using their knowledge, skills and diplomatic ability, they will extend their knowledge of the democratic process to better contribute to their society. Mr. Schemmel recommended the Board consist of nine (9) members; two (2) members from Mainland High School, two (2) members from Seabreeze High School, two (2) members from Ormond Beach Middle School, one (1) member from Father Lopez High School, one (1) member from Spruce Creek High School, and one (1) member who would rotate each of the five (5) years. Mayor Hood requested that this item be placed on the next agenda for discussion and that a staff member be assigned to work with Mr. Schemmel. Seat Belt Proclamation Mr. Tom Burks, 422 South Halifax Drive, reported a 16 year old student named Lauren Cox was killed in a traffic accident on A1A less than two (2) blocks from Seabreeze High School recently. He stated it will never be known if Ms. Cox would have lived if she had had her seat belt on, but in an effort to save future lives, he circulated a petition and received 737 signatures requesting the City Commission proclaim February 8th Lauren Cox Day. Mr. Burks asked Commissioner Gillooly to sponsor this petition. He stated in signing the petition, the students also promised to wear seat belts. Mr. Burks requested two (2) copies of the proclamation, one for Lauren’s parents and one for Seabreeze High School to be permanently displayed to remind the students to use their seat belts. Mr. Burks commended Chief Mathieson for the initiative he is taking to make the City a little safer for all. Mayor Hood, hearing no objection, reported he will sign a proclamation declaring Lauren Cox Day with an emphasis on encouraging students to wear their seat belts. Commissioner Persis asked how the parents feel about this proclamation; whereby, Mr. Burks reported he presented Mrs. Cox with a copy of the petition and while saddened, she is warm to the idea of the proclamation. 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 Persis moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda.
Item #8(A) - Remove Historic Tree Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(A). The motion carried unanimously. RESOLUTION. 99 - 34
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-34, as read by title only.
Item #8(B) - Hope Fellowship Church Conditional Use Permit Mr. Tom Lipps, Interim Planning Director, stated the Hope Fellowship Church is applying for a Conditional Use Permit to convert the former Pic N’ Save property on Nova Road to a church with sanctuary seating 800 people, administrative offices for 20 staff, and an after school program to be converted to a full day Christian school for 203 students. He stated the Pic N’ Save is a non-conforming developed site, and any commercial reuse in this building will require a waiver of the setback requirements. Mr. Lipps indicated the Land Development Code allows deviations from the site development standards for non-conforming structures if complete conformity cannot be achieved due to site area, lot configuration, or the location of the existing building, which is clearly the situation that exists here. Mr. Lipps stated the original recommendation in Site Plan Review was for a wood fence along the north and east side of the site, but when the project came before the Development Review Board, it was determined this was not the preference of the Homeowners’ Association, and a six (6) foot high masonry wall was requested. Mr. Lipps explained the Development Review Board recommended the playground area be relocated from the north side of the property to the southeast side of the property, closer to a wooded lot, and also that the retention area be reduced in size. He noted the larger retention pond area was a staff recommendation so the slope would be 4 to 1, dry, and would not need to be fenced from the safety and aesthetics perspective. Mr. Lipps stated the Development Review Board recommendation included the smaller size retention area with steeper slopes and a fence around the retention area. He stated both staff and the Development Review Board support the conversion. Commissioner Gillooly noted that the Development Review Board approval was contingent upon the playground area being moved to the southernmost portion of the retention area; but since the applicant has not agreed to move the playground area, the Development Review Board did not actually approve the project. Mr. Timothy Johnson, architect, representing Hope Fellowship Church, offered to relocated the playground to the southern end of the retention pond. He stated staff advised him to contact the Fox Hollow Homeowners’ Association regarding the fence, which he did; and verbal approval was given for a wooden fence in December 1998. Mr. Johnson advised Hope Fellowship Church has consistently been a good, responsible neighbor, and their presence would be an improvement to what now exists. Mayor Hood asked if Hope Fellowship is willing to place the masonry wall as opposed to the wooden fence; whereby, Mr. Johnson stated they prefer the wood fence, but if masonry wall were required, the church would comply. Commissioner Persis asked what type of school, grade levels, number of children, and hours of operation are proposed. Mr. Johnson stated the initial plan is to start the school as an after school program. Bishop Derek Triplett, 448 Pelican Bay Drive, stated Hope Fellowship Church believes they are on an assignment from God to be a viable part of this community. He advised whatever the Commission considers the best use for the retention pond, staff’s recommendation or the Development Review Board’s recommendation, the church will comply. Bishop Triplett stated this is not about codes, statutes, on a wall verses a fence, but about preferences. He noted the question must be asked how much does someone have the right to control their neighbors when they meet Code. Bishop Triplett explained the estimated cost is $1.5 million for the total renovation, which will not be paid in one (1) to three (3) years; therefore, the school, which is in phase two, is probably three (3) years in the future. He asked if a wall is required, if it could be constructed when the school is started. Bishop Triplett advised that the number of children was based upon staff recommendation, and all the children will not be on the playground at the same time. He stated they realize staggered recesses are necessary. He advised the school will be for four (4) year old children to sixth grade. Mr. Dean Gast, 18 Silver Fox Trail, stated trashing the Land Development Code cannot cure the ills of a vacant site. He stated he represents 120 residents of Fox Hollow. Mr. Gast stated it is important to be aware of the degree of non-conformity Hope Fellowship Church would create with respect to existing land use codes. He advised the setback for a church or school is five (5) times greater than comparable setback requirements for a qualified B-8 commercial use. Mr. Gast pointed out that all ancillary uses for church schools, including parking, require a minimum 30 foot setback from adjoining property boundaries, and the parking on this property simply does not qualify under land use development standards for churches or schools. Mr. Gast reported the present owner of the property paid $27,309.97 in Volusia County property taxes, and a commercial concern would continue to pay Volusia County property tax, tangible personal property tax, intangible personal property tax, utility franchise fees, and Florida sales taxes; but if this Conditional Use is approved, the church would pay no taxes. He stated with this lost revenue, either the City taxpayer would pay additional taxes, or there would be a loss in City programs, and neither is an acceptable alternative. Mr. Gast stated Hope Fellowship Church is experiencing rapid, accelerated growth, and Ormond Beach must be concerned about even larger church needs regarding parking. He explained the ratio was figured on a 4:1 ratio which is not reasonable, and the current parking at the church is insufficient, much less allowing for growth. Mr. Gast stated this church is a non-conforming, inappropriate use of the site today and future growth will only compound the problem. Mr. Gast pointed out each of the Commissioners have the ultimate power to approve or reject this Conditional Use, and each is accountable to the voters. He stated ignoring the Land Development Code to place Hope Fellowship on the Nova Road site is a myopic solution to the long-term economic and land development needs of the community, and he urged rejection of the Conditional Use application. Mr. Herman Bailey stated he is a member of Hope Fellowship Church, and this is not about codes but people. He advised that just because the Church would occupy the Nova Road site today, does not mean they will always be at that site. He stated that if they outgrow it, they will go elsewhere. Ms. Barbara Peburn, 9 Pheasant Lane, stated she chose her home twelve (12) years ago knowing the Codes and that Ormond Beach stood behind their residents. She stated she enjoys the quiet of her home and opposes the school because of the noise on the playground which would be 20 feet from her yard. Ms. Peburn stated when Pic N’ Save occupied the property, there was no parking in the rear and it was quiet; therefore, she implored the City Commission to listen to the residents and deny the Conditional Use Permit. Mr. Pete Gamble, 42 China Moon Drive, noted he was upset regarding the media coverage this issue has received. He agreed with Mr. Bailey that the issue is people. Mr. Frank Peburn, 9 Pheasant Lane, also agreed the issue is people, but it is about the people who live in the area and how it will affect their quality of life. He noted he purposely did not move into an area near a school because of noise, and noise is a very important issue. Ms. DeeDee Lynn, 908 Knabe Boulevard, stated that when Pic N’ Save occupied the Nova Road site, there were cars coming in and out all times of the day and night. She agrees this is an issue about people, and a church and school are positive things that would bring life to the community. Ms. Lynn stated there are many latchkey children who need a place to go, and she questioned why this would be turned down. She noted that while it is the people’s right to do so, she does not think the City Commission should be threatened to vote as certain people wish, or they will not be re-elected. Pastor Derrick Harris, 2 Fox Hollow Drive, reported he has talked to a number of residents of the Fox Hollow Subdivision, and they have mixed feelings; but his personal opinion is that Hope Fellowship Church will make the site even more beautiful than it is now, and the citizens of Fox Hollow and the members of Hope Fellowship Church could meet a compromise to live happily together. Ms. Susan Russell, 92 Ridge Field Place, stated she is the Teen Pregnancy Prevention Consortium Coordinator for Flagler and Volusia County. She advised the two (2) main risk factors that contribute to teen pregnancy are lack of church attendance and latchkey children factors with an additional factor of having a teen parent perpetuating the cycle. She stated anything that can be done to provide structure and mentorship to our children will contribute to the community. Ms. Russell asked the Commission to compare the loss of tax revenue that could be obtained if the church were not approved, to the cost of having teen parents having children who also become teen parents. Mr. Frank Diego, 5 Springer Court, explained his property line is 34 inches from the site and when Pic N’ Save occupied the building it was extremely quiet. He stated while he is not a zoning expert, he purchased his home after spending time in the daytime and at night to determine if the site was noisy, and he expected it not to change. Mr. Chuck Harcrow indicated he represents the owner of the property. He stated when Pic N’ Save occupied the building, there were 18 wheel tractor trailers coming and going on the site at all times. Mr. Harcrow noted Pic N’ Save occupied the site before a number of homes were built in the Fox Hollow Subdivision. He explained the site has been tied up in a legal dispute until 13 months ago, but before control was gained, the building was broken into by vandals repeatedly and a fire was set in the building. Mr. Harcrow stated the proposed use requires a variance, but denying this would be a real setback for this church and for the owners. Commissioner Boyle asked if the building was being leased; whereby, Mr. Harcrow replied Hope Fellowship Church was planning to purchase the site. Mr. Gast stated the residents of Fox Hollow were aware Pic N’ Save was a commercial entity and many residents considered that a positive factor. Ms. Donna Quiroga noted she is a member of Hope Fellowship Church and pointed out that Fox Hollow is not an adult only development. She stated everything Hope Fellowship Church does, is done with excellence and care and attention to detail, and the children are well-mannered and quiet. Ms. Quiroga noted her concern for a community that says they love children, but they are not willing to welcome them. She agreed with Mr. Russell that the community should care more about providing structure, support and a nurturing environment. Ms. Quiroga asked the people to think about the message they are sending and stated that children are watching what adults do much more than they listen to what they say. She stated the wrong message is being sent if children believe the community cares more about a tax base than improving the lives of the people in the community. Mr. David Caraballo, 6 Pheasant Lane, noted he chose to purchase the home at 6 Pheasant Lane very carefully, and he specifically avoided houses that were near a school. He stated he specifically went to City Hall and asked what kinds of businesses could move into the Pic N’ Save site and was told commercial. Mr. Caraballo agreed that any commercial facility would violate some part of the Code, but this use violates them far more than necessary. He noted if there were no violation of Code, then the residents’ opinions would not be important, but this entails major violations. Mr. Caraballo pointed out that at the last meeting, a petition was offered where three-fourths of the homes in Fox Hollow were represented. He stated he favored the use for a church until he learned of the decision to add the school. Mr. Harcrow noted that in the original platting of this property, in order to reach the appropriate parking per 1,000 square feet required by the City, parking had to be placed in the back of the building; therefore, there has always been parking in the rear of the building. Commissioner Gillooly moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(B). The motion carried unanimously. RESOLUTION. 99 - 35
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-35, as read by title only. Commissioner Boyle noted he moved approval for discussion purposes. Commissioner Persis asked what setback is required for a commercial use; whereby, Mr. Lipps stated a side yard setback is 10 feet and a rear yard setback is 20 feet for a commercial use, while the school requires a 100 foot setback. He stated the existing rear setback is 10 feet. Commissioner Persis questioned Bishop Triplett as to how important it is to have the school. Bishop Triplett replied it is an extremely important vision of the church. He stated that if the church outgrows this building, they will have to decide on what site the school will be located. Bishop Triplett stated the school would start with the K-4 program for one to one and one-half years, and a maximum of two (2) grades would be added per year; therefore, to add all the grades to sixth grade, it will possibly take until 2007. Commissioner Persis expressed appreciation to all who spoke on this issue and noted he did not see this issue in the media. He stated he has always been an advocate for children, which makes this a difficult issue since he sees both sides. Commissioner Persis stated the property owners make a valid case that when they purchased their property, the site was commercial, which does not mean a school would be permitted; but he also believes Hope Fellowship Church is needed in Ormond Beach. He noted that at the present time, as much as Ormond Beach needs the school and the church, this would not constitute a minor deviation from the Land Development Code. Commissioner Persis stated if this is approved, he advocated that the wall be built and that the retention area be designed as the engineers have specified rather than approving a deeper retention area with the fence which may be a danger to the students. He advised he does believe this use fits this particular site. Commissioner Gillooly agreed the Hope Fellowship Church would be a good neighbor, but concurred with Commissioner Persis’ fear regarding the school. He stated it is not that Ormond Beach does not welcome children, but he agrees this use does not fit this site. Commissioner Gillooly noted the loss of tax revenue is not an issue, but he is concerned that the Land Development Code would have to be stretched to a great degree to allow this use. He also stated his concern regarding traffic, noise, and the chain link fence around the retention area. Commissioner Gillooly advised that while he sincerely believes this school is needed, this is just the wrong place for it. Commissioner Irvin commended the citizens for their concern. She pointed out that any occupant would have an impact on the surroundings, but she does not see this project imposing any negative impact on the community. Commissioner Irvin agreed noise may be a problem, but contended the noise of the children would be a more positive contrast than that of delivery trucks that frequent commercial establishments. Commissioner Boyle commended the members of Hope Fellowship Church who cared enough to come to this meeting and for being so articulate and attentive. He expressed his hope that Ormond Beach can welcome this church into the City, but noted he has specific problems with the site. Commissioner Boyle stated the setback does not meet code, and that before he waives any code that might impact residents, the residents must favor the change, which, in this case, they do not. Commissioner Boyle stated the size and growth record of this church is a factor in that it will most likely outgrow this site in a short period of time. He also foresees an adverse parking impact. Commissioner Boyle noted the traffic is an issue, and this was developed as a commercial building and should remain a commercial building. He stated there would also be an adverse impact on the neighboring businesses. Commissioner Boyle stated he fears setting a dangerous precedent if this were approved. He advised Ormond Beach can absorb any church, particularly one of this quality; therefore, loss of tax revenue should not be an issue. Commissioner Boyle agreed this is about people, but the people the Commission must consider most carefully, by law, are the residents who presently live in the neighborhood. Mayor Hood asked what the linear footage is along the back of the property line; whereby, Mr. Lipps answered 261 linear feet is the length of the lot. He stated the question of the loss of tax revenue is an absurd argument because there is a greater benefit from having stronger growing churches than can be obtained by retail outfits paying taxes. Mayor Hood noted a lot of the time some of the greatest concerns turn out to be invalid. He stated the only possible valid impact he sees is the noise that would result from the day care and school; therefore, if the playground were place 140 to the south with a masonry wall around it and extensive landscaping, the setback would be met. Mayor Hood noted another concern is sufficient parking, which is solved by requiring the church to license parking at the Renaissance Center. He stated he would vote for this with the erection of masonry wall extensively landscaped on both sides on the north and east line and with the requirement of parking be available in the Renaissance Center to insure the impacts are handled properly. Mr. Randal Hayes, City Attorney, stated if the motion is to deny, the Commission should identify which of the seven required positive findings to grant the Conditional Use Permit have not been met. Commissioner Boyle moved, seconded by Commissioner Gillooly, to deny the execution and issuance of a Conditional Use Permit to allow the Hope Fellowship Church to operate a House Of Worship, child care facility and school at the former Pic-N-Save store located at 499 South Nova Road, based upon Hope Fellowship Church not meeting Numbers 2, 5, 6 and 7 of the seven positive findings.
Mayor Hood called for a five minute recess at 8:50 p.m., and reconvened the meeting at 8:55 p.m. Item #8(C) - Olson Tire Total Car Care Mr. Lipps reported this Planned Business Development (PBD) request is for an L-shaped building on West Granada Boulevard and Pearl Drive and has two (2) components: a 6,757 square foot automotive service center and 4,600 square feet of lease space. He stated staff has determined that the PBD process allows for greater flexibility to allow this use in conjunction with project enhancements. Mr. Lipps noted the applicant has requested all B-10 uses, personal services, and a Type B restaurant with no drive through be permitted in the lease space. He reported staff supports the B-10 uses and specialty retail. Mr. Lipps advised the Development Review Board rejected the application as inconsistent with the criteria, primarily with discussion on the auto service station and location of auto bays. He noted two (2) resolutions were offered—one incorporates the staff recommendation and the other the Development Review Board recommendation. Mr. Lipps noted, if the Commission opts to concur with the Development Review Board recommendation, staff suggests the PBD language be referred back to the Planning Board for review to reduce the degree of flexibility for policy direction for the future. Mr. Doyle Tumbleson, Country Club Drive, the attorney representing the applicant, noted staff supplied a voluminous report with an extensive analysis of similar treatment of comparable properties on the Granada Boulevard corridor. He reported the Development Review Board rejected the proposal because of aesthetics, noise and traffic. Mr. Tumbleson stated a precedent has been set in approving other similar uses on both sides of the Granada Boulevard corridor, and the PBD process permits this use as the staff analysis has concluded. Mr. Derek Wainscott, Project Engineer for Zev Cohen and Associates, explained there is a right-in right-out access on SR 40 as well as access off Pearl Drive. Mr. Richard Bekesh, Spring Engineering, advised his firm represents Olson Tire throughout the United States. He pointed out that tire sales will be only 30% of services offered, and automotive service will be 70% of the services which will include shocks, struts, breaks, air conditioning repairs, and oil changes. He stated there is a growing trend in America where the top three auto dealers are all going toward this type of service in the community for the convenience of customers. Mr. Bekesh noted the proposed architecture is consistent with the prevailing architecture and is more reminiscent of a retail office center than an auto repair facility and should add to the aesthetic value and character of this corridor. He reported Olson Tire is a very low traffic generator, with approximately 24 trips per thousand square feet, which is less than an office facility or another retail establishment. Mr. Bekesh advised there are three (3) basic elements of sound and explained that ambient noise is defined as the all-encompassing noise associated with any given environment which is usually a composite of sounds from many sources that reach the location from many directions. He stated each particular community has an ambient noise level from 50 to 80. Mr. Bekesh stated sound does not have a cumulative effect. He explained 0-50 decibels is considered quiet; 60 is considered moderate; 70 is considered loud; and 85-120 is considered very uncomfortable. Mr. Bekesh reported the ambient sound at this particular site at the present time while still undeveloped is 73½ to 65 along SR 40. He stated the lowest reading at the site was 51.8, which was taken last week using two (2) time samplings and an average of 65 to 51. Mr. Bekesh stated readings were taken from other Olson facilities, and the reading directly in front of the bays is 66 decibels, and at 40 feet from the service bays the level drops to 58.8 decibels with the bay doors open. He noted these reading do not take into account the six (6) foot masonry wall which will decrease the noise level approximately 12 decibels; therefore, the ambient will not increase but will, in fact, decrease, thereby improving the noise situation. Mr. Bekesh indicated the vegetation will further decrease the noise level. Commissioner Persis asked if the 10 to 12 decibel decrease is relative to what the noise was at that time or is the ratio always consistent; whereby, Mr. Bekesh replied it is relative to the decrease from this particular source. Commissioner Boyle questioned if the trees that must be removed for the footprint of the building, parking and the retention area would increase the decibel reading. Mr. Bekesh stated new sounds will be interjected, but will not increase. Commissioner Boyle noted that a homeowner may not be bothered so much by the intensity of the sound, but constant, irritating sounds may affect the quality of life the residents have come to enjoy; therefore, the decibel level may not be the critical factor. Mr. Bekesh stressed that the ear does not perceive the various sounds, but a blending of sounds which becomes ambient noise. Mr. Tumbleson pointed out that the Ormond Beach noise ordinance specifies decibel levels at a residential property line as 60 decibels form 7:00 a.m. to 7:00 p.m. and 55 decibels during the complementary period, and this facility falls below what the ordinance allows. Mr. Tumbleson explained the primary objection came from residents on Heritage Circle, but he contended that through the experience of this company building many of these tire stores and the testimony just given, the noise level will not adversely impact the community and falls well within the parameters of the noise ordinance and, therefore, is acceptable. Mr. Tumbleson advised he is withdrawing the request for personal services and the Type B restaurants for the rental space, and is willing to utilize the specialty retail. He pointed out, under existing ordinances, the automotive service center use may be allowed provided they address the standards in Section 10.05 of the Land Development Code for the Planned Business Development. He stated this use is well compatible with the design for the Granada corridor, and they are entitled to rely on the precedent that has been previously established. Mr. Tumbleson stated reversing the floor plan of the store so the bays face Pearl Street was investigated, but determined to have very little impact on the residents to the north while creating other issues which staff does not favor. He stated that if the City Commission required the change, the developer would comply, but little benefit would be garnered. Mr. Raul Zimmerman, 133 Heritage Circle, stated his primary concern is the noise. He made a distinction between white noise and the staccato shrill noise made by air wrenches, revving engines, power tools, intercom announcements, etc. which are not acceptable. He mentioned the revving of an engine with muffler trouble would be one of the sounds heard, and the hours of operation daily as well as weekend hours would have a definite impact. Mr. Zimmerman stated the City Commission has the right to make exceptions to the zoning laws, but people have purchased homes based on the current zoning ordinances. He requested each Commissioner ask himself if this is the type of project that would warrant this exception, such as if it helps to beautify a dilapidated area, if it brings a service not found elsewhere in the area, if it provides needed employment, or if it offers an outstanding revenue opportunity which Olson does not. Mr. Zimmerman voiced concern for the development on the Granada gateway to the community. He advocated maintaining the B-10 guidelines, and stated while the Commission has the right to make exceptions when they make sense, the exceptions do not make sense in this case. Mr. Ray Coley, 121 Heritage Circle, stated the picture of the facility depicted the bay doors closed, but with the Central Florida climate, the doors are not likely to be closed. He expressed concern regarding smoke and fumes emanating from this business, along with the noise. Mr. Fred Share, 145 Heritage Circle, echoed the comments of the preceding residents of Heritage Circle. He noted if this business is approved, and the business fails, another business selling tires 100% of the time could utilize the facility. He noted even with the wall, there would be noises that would be very annoying not only at prime time which is 7:00 a.m. to 7:00 p.m., but also on weekends. Mr. Share questioned why this is even being considered. He stated there are sufficient tire stores in Ormond Beach now, and none others are needed. He urged the Commission to listen to the concerns of the residents and the Development Review Board. Mr. Bekesh pointed out that Ormond Beach’s ordinance is very specific regarding how the noise should be measured and interpreted, and this use would meet the standards. He reiterated that noise is not a valid issue. Mr. Bekesh explained that the site was specifically oriented to shield the bay doors that may create any visual impact. Mr. Tumbleson agreed the doors will be open, but they will not be visible from the street. He stated this use is consistent with what has previously been approved on the Granada Boulevard corridor. Mr. Tumbleson noted Mr. Share pointed out the recommendation of the Development Review Board was unanimous, but the staff recommendation is that this use is in compliance with the Land Development Code by virtue of the Planned Business Development process; therefore, it should be approved. Mr. Zimmerman explained that staff determined this would be an allowable use if the City Commission agrees that the noise level would not interfere; but if the noise level would interfere, it violates the ordinance. He pointed out staff did not address the noise issue other than mentioning the masonry wall to accommodate the noise. Regarding the issue of precedent, Mr. Zimmerman stated that because the Commission made decisions in the past, it does not mean they must be made again. He stated each issue should be dealt with as an exception on a case-by-case basis. Mayor Hood asked Mr. Zimmerman if an independent authority were to confirm that the noise level would be less than the present level, would he still have the same objection. Mr. Zimmerman replied that if an independent authority would not just review the statistics given, but cover the areas of the difference between physical noise and the perception and bothersome qualities of noise that were not addressed here, he would accept the findings. Mr. Tumbleson stated that this is exactly what the Ormond Beach noise ordinance does. Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(C). The motion carried unanimously. RESOLUTION. 99 - 36
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-36, as read by title only. Commissioner Boyle agreed with Mr. Zimmerman that the Commission is charged to review each case on its own unique merit and not on earlier PBD’s or decisions of other Commissions. He stated this is not a permitted use under B-10 zoning, and the Development Review Board unanimously opposed this project. Commissioner Boyle advised the noise impact is not restricted to the number of decibels; there can be adverse impacts even if the noise level does not exceed the allowable decibel level. He stated to allow the PBD, there has to be compelling reason to be flexible, and it must be a situation where the nearby homeowners have not registered complaint; therefore, he opposes this PBD. Commissioner Irvin stated Olson Tire Company is a wonderful facility, but this is the wrong place, and regardless of how it is camouflaged or how much the sound is reduced, it is not Office/Professional. She stated this facility does not belong on the Granada corridor and would be better suited and needed on US #1. Commissioner Irvin noted she questions staff’s decision for approval of such a project in a residential neighborhood. Commissioner Gillooly advised he needs to protect the resident, and he also concurs that this does not belong on the Granada corridor. Commissioner Persis congratulated Olson Tire Company for an excellent project with a beautiful design and a quality company, but he agreed this is not the proper place for it. He stated that even though there is flexibility in the Code, it doesn’t mean anything should be permitted. Mr. Hayes clarified that Option "A" is to deny.
Item #8(D) - Variance Procedures for Setback Requirements for Non-conforming Structures Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(D). The motion carried unanimously. ORDINANCE NO. 99 - 16
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-16, on second reading, as read by title only.
Item #8(E) - Recreational Facilities in Small Subdivisions and Recreation Impact Fee Waivers Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(E). The motion carried unanimously. ORDINANCE NO. 99 - 17
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-17, on second reading, as read by title only.
Item #9(A) - Reconsideration of Waiver of Fees for Tennis Courts Mayor Hood asked if anyone who had previously voted "no" on this issue would like to make a motion to reconsider the waiver of fees for the tennis courts. Commissioner Irvin moved, seconded by Commissioner Boyle, to reconsider the waiver of the fees for the tennis courts.
Mayor Hood asked that this item be placed on a future agenda. Item #9(B) - Temporary Outdoor Sales During Bike Week Mr. Eugene Miller, City Manager, stated at least two (2) proposals are being considered for special events during Bike Week, and they need to know whether they can operate as soon as possible. He noted he received an appeal of the staff interpretation from the Hartwell Corporation. Mr. Miller explained the process is to make the appeal in writing and then there is a five (5) day review process by the Planning Director. He explained the Hartwell Corporation’s intent is to be in operation for Bike Week, so staff would expedite the process of the interpretation where if the City Commission were so inclined, it could be placed on the agenda for the City Commission to override his interpretation at the Wednesday, February 24, 1999, meeting which will be held to canvass the referendum votes. Mr. Miller stated if the Commission concurs with staff’s interpretation, he would like to inform the Hartwell Corporation so they could eliminate the time and effort involved in preparation for the meeting. Commissioner Boyle expressed appreciation for the careful and diligent report from Mr. Miller and some form of remedy for the business owners. He stated that even if this expedited process was completed and a remedy were produced, it is still only 48 hours prior to the event. Commissioner Boyle stated this issue came up a number of months ago when Commissioner Persis asked if the process for these issues could be resolved in time for Bike Week, and the answer was "yes," but now the City finds itself in a position where it seems there will not be a remedy for these small businesses in time for the event. He commented that after carefully reading this report, there seems to be no flexibility for small businesses. Commissioner Boyle advised he would favor an accelerated analysis and to allow the Commission to have discussion of this issue Wednesday night. Commissioner Irvin and Commissioner Gillooly expressed agreement with Commissioner Boyle’s view. Commissioner Persis stated last year there was inconsistent enforcement of the rules, but now, in the eleventh hour, the Commission is trying to change the rules. He questioned how the word will be passed to those business owners who are not in attendance at this meeting who should have an equitable right to sell their wares if they are abiding by the original rules. Commissioner Persis noted this inequity would make more people upset. He stated if an Ormond Beach business has waited all year to sell a certain item to make some money, but now a vendor from out of State comes in and sells the same item to compete with the local vendor, this does not seem fair to the local business owner. Commissioner Persis emphasized he considers the entire premise wrong; the eleventh hour timing is unethical; and he is totally against it. Commissioner Boyle stated almost all of the businesses in Ormond Beach already have these rights. He noted the request in the appeal is for one specific area which is always peopled with visitors to such an extent that code enforcement is problematic. He advised there are establishments "in checkerboard fashion" that are in the County right next door to an establishment in the City where they sell these items. Commissioner Boyle noted he regrets the timing and had hoped things could be moved along more quickly. He suggested at the Wednesday meeting to consider a 10 or 14 day moratorium, maybe restricted to one geographic area of the City, and he noted there would be very few complaints. He stated it would not be inequitable, and it would not harm the "playing field" which he contends is already tilted toward the other retail establishments that can sell all they want to at any time. Ms. Marjorie Ridall, owner of the Tomoka Motel and Pub for 27 years, stated she has applied to have vendors on her property. She explained there are no businesses in back of her, no one up to Nova Road, and no one across the street. She stated she is needs to make a living and to make money to pay a loan to improve her establishment. Ms. Ridall reported she is being penalized by being in the City, since across the River anything is approved in the County. Mr. Miller clarified that the Wednesday meeting would only entail the City Commission determining if the City Manager and Planning Director’s interpretation of the Code is correct. He stated this would not to be to grant a waiver or suspend the rules. Commissioner Boyle reported that business owners came to the Code Enforcement Department and applied for the license to sell items inside their business, and these applications were denied. He asked if the discussion would also include the City Manager’s interpretation of that denial of those license applications. Mr. Miller replied it would not. Commissioner Boyle stated that at some time in the future, since it is too late for this year, he would like to have a discussion item on a future agenda as to why those applications were denied. Mayor Hood agreed this would be placed on a future agenda. Mr. Harry McConnell, 72 South St. Andrews, asked the City Commission to consider his response to the application in light of Section 2.04B and consider a waiver, first to consider Mr. Miller’s upholding of the staff’s interpretation, and if the Commission agrees, then a waiver for this Bike Week for those business who would like to sell retail outside. Mayor Hood asked the City Attorney if the City Commission has the right to waive the Code; whereby, Mr. Hayes replied the City Commission does not have the legal authority to waive the Code even if they desired to do so. Mr. McConnell asked Mr. Miller to give copies of his response to the City Commission; whereby, Mayor Hood explained this information would be in the agenda information for the meeting. Commissioner Persis asked if there would still be a chance after the Wednesday meeting that these vendors would be able to sell items; whereby, Mayor Hood stated if the Commission does not agree with Mr. Miller’s interpretation, there is that possibility. Commissioner Boyle moved, seconded by Commissioner Gillooly, to have a hearing Wednesday, February 24, 1999, at 5:30 PM to discuss the City Manager’s interpretation of the outdoor sales and events regulations during the upcoming Bike Week.
Mayor Hood advised he abstained because his firm represents the Hartwell Corporation. Mr. Miller reported several other business have made contact with City staff on this same issue, and staff will initiate contact with them to alert them that this will be on the agenda for interpretation next Wednesday. Commissioner Boyle requested that a list of the businesses to be notified be placed in the information packet. Item #9(C) - FDOT Nova Road Widening Update Mayor Hood noted FDOT has moved the Nova Road widening project up 14 months which still constitutes a 10 month delay. He noted that while he prefers no delay, at least this is an improvement. Mr. David Cooke, FDOT Program Manager, stated FDOT has worked to progressively pursue getting the project back on schedule. Mayor Hood challenged Mr. Cooke to cut the ten (10) months to six (6) months. Mr. Miller thanked FDOT, on behalf of staff, for their efforts and for the quarterly report the City received. Item #10 - Audience Comments On Agenda Items No audience comments were made. Item #11 - Reports, Suggestions, Requests Referendum Election Commissioner Boyle reminded the residents of the upcoming referendum election on Tuesday, February 23, 1999, regarding the police and fire station bond issue and giving citizens the opportunity to decide whether they prefer going back to the two (2) year City Commission terms or continue with alternating four (4) year terms. Sunshine Law Suit Commissioner Boyle related to the article in the News Journal regarding the Sunshine law suit filed last year. He stated he cautioned the reporter who interviewed him on the story that this issue has not been fully resolved and was disappointed to see the article run. He noted he hopes the final resolution has not been jeopardized by this article. SCORE Donation Commissioner Boyle advised that, on behalf of the City, he presented a $1,500 donation to the SCORE organization. He stated he cannot imagine any investment in the community that will provide greater returns for the City. Commissioner Boyle reported this organization is made up of retired executives that work with businesses of all sizes to provide time and extensive wisdom. He noted numerous Ormond Beach businesses and residents served by this organization. Municipal Clerk Certification Commissioner Boyle announced Ormond Beach’s City Clerk, Veronica Patterson, has achieved Municipal Clerk Certification. He expressed pride in Ms. Patterson’s achievement and appreciation for the tremendous job she does for the City. Commissioner Irvin’s First Year Anniversary Commissioner Boyle noted tonight marks the end of Commissioner Irvin’s first year as Commissioner in Zone 2. He stated Ormond Beach is richer because Thelma Irvin said "yes" to the citizens when asked to run for her seat and it has been a privilege to work with her and to learn from her this past year. Commissioner Irvin expressed appreciation for having the opportunity to serve the City and for the support she has been given. Year 2000 Celebration Commissioner Irvin asked if the Year 2000 Celebration should be placed on an agenda to avoid last minute preparations; whereby, Mayor Hood advised that it is scheduled to be placed on an upcoming agenda. Congratulations/Law Suit Comments Commissioner Gillooly reiterated congratulations to Ms. Patterson for attaining her Certified Municipal Clerk status and to Commissioner Irvin for her first year as Commissioner. He stated he had also intended to mention the law suit, but since Commissioner Boyle has already commented on these issues, he would refrain. Commissioner Persis also congratulated Commissioner Irvin on her year of service. Teen Advisory Board Commissioner Persis expressed his appreciation to Mr. Schemmel for his interest in the City and for organizing the Teen Advisory Board proposal. Recreational Vehicles Commissioner Persis requested an accurate listing of the number of recreational vehicles listed as violations that are ten (10) feet or less. Mayor Hood indicated there would not be any ten (10) foot recreational vehicles on the list because they are not violating the Code; whereby, Commissioner Persis stated there should not be, but he wants to be informed if there are. He also stated he would like to know the number of recreational vehicles that are ten (10) feet with accessories extending from the top of the vehicle which makes them out of compliance. Commissioners Placing Items On Advisory Board Agendas Commissioner Persis questioned the procedure when a Commissioner wishes to place an item on the agenda of a City Board. Mayor Hood suggested this be done as a group to avoid Board’s being inundated with requests to further a Commissioner’s particular agenda as opposed to the Commission’s collective agenda. Commissioner Boyle asked if there was a specific problem; whereby, Commissioner Persis stated an issue was raised and Commissioner Boyle had asked it be placed on the Environmental Advisory Board’s agenda without the entire Commission’s consent. Commissioner Boyle explained that on that specific occasion, he understood the Mayor agreed it should be sent to the Environmental Advisory Board for consideration. He recommended Commissioner Persis bring any issue up at the time it is considered so there will be no misunderstanding on anyone’s part. Volusia League of Cities Business Meeting Mr. Eugene Miller, City Manager, advised a Volusia League of Cities meeting is scheduled for February 22, 1999, at the Port Orange/South Daytona Chamber of Commerce building to discuss legislation. He stated in the past, there has been difficulty obtaining representation to attend these meetings to discuss passing the Citys’ preferred legislation. He explained this meeting will review the bills that have been introduced. He noted that until the cities get interested, they cannot expect a lot from Tallahassee, and he encouraged the Commission to attend this meeting. Special Master Code Enforcement Hearing Mr. Randal Hayes, City Attorney, stated the first Special Master Code Enforcement hearing will be held at 10:00 a.m. in the City Commission Chambers on February 22, 1999, with Judge Griffin presiding. Board of Adjustment and Appeals Variance Mr. Hayes advised a variance was granted by the Board of Adjustment and Appeals to permit two (2) principal structures to be built on a single lot. He noted that, in the judgment of the Legal Department, the legal elements to grant the variance were not met, and he questioned if the City Commission would support taking this to Circuit Court. He stated typically these cases are not brought to the City Commission, but in this case, he determined it necessary. He explained the City has 30 days to make an appeal, if desired. The consensus of the Commission was to proceed by taking this variance to the Circuit Court. Harley-Davidson Contract Mr. Hayes stated staff studied the bid to change the scope of service substantially enough to rebid the project, but there were legal problems with the City’s ability to do this. He noted the final analysis was that a State Contract was identified where the City could be piggy-backed onto it at the same purchase price. Mayor Hood explained that at the last meeting he announced he had a conflict of interest since his firm represents Harley-Davidson, and he inadvertently voted; therefore, he withdrew his vote and asked that the record show that he abstained. WDL Mayor Hood reported WDL has donated $1,000 to the South Ormond Recreation Center for the purpose of creating a computer program for children to use after school. Item #12 - Close The Meeting The meeting was adjourned at 10:16 PM |
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