MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Mary S. Martin

            Councilman Dennis Kennedy

                        Councilman Robert Pohlmann

            Councilman George Steindoerfer

 

From:              Kenneth W. Parker, City Manager

 

Subject:           Agenda Commentary for Regular City Council Meeting of

                        May 15, 2007

 

Date:               May 7, 2007

 

 

A.                  OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Special Recognition Award – Carmen Miller and Ruth McCarty

 

Carmen Miller was named 2007 Victim Advocate of the Year for the Volusia/Flagler region of the Victim Advocates Coalition.  Carmen was recognized for her dedication to the work of helping those affected by crime.  Ruth McCarty was also honored as Volunteer Victim Advocate of the Year.  Ms. McCarty has been with the Victim Advocate Program since July, 2001, and continues to provide comfort and emotional support to victims of crime.  A proclamation recognizing their accomplishments will be presented by Mayor Green at this time.

 

City Manager’s Comments:  We are extremely proud of our Victim Advocate Program.  This program has been recognized for its effect on the victims of crimes in our area.  They do such a great job.

 

 

 

Item 5 -           Special Recognition Award – Officer Thomas Aiken

 

Each year, the Gold Wing Riders Association recognizes a traffic motorcycle officer in Volusia and Flagler Counties as “Gold Wing Road Riders Association, Chapter FL1-H, Daytona Beach, Motor Officer of the Year.”  Officer Thomas Aiken is the Association’s choice for 2007.  Officer Aiken is recognized for his dedication to making our community a safer place to live through his dedication in promoting traffic safety and his expertise in inviting community members to participate in traffic safety programs.

 

Item 6 -           Recognition of Port Orange Elementary Schools Art Contest

Winners

 

The Port Orange Police Department in cooperation with Wal-Mart is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Art Contest at all five elementary schools in Port Orange in grades kindergarten through fifth grade.  First place winners from each of the five elementary schools will receive a certificate and a new bicycle.  At this time, the winners will be recognized.

 

 

C.                 CITIZEN PARTICIPATION (Non-Agenda)

D.                 CONSENT AGENDA

 

Item 7 -           Scope of Service and Fee Proposal with GMB Engineers & Planners, Inc., for Professional Transportation Services – Altamira Traffic Analysis (Yorktowne)

 

In order to create a special assessment district for the Yorktowne Boulevard extension, an appropriate methodology must be developed in order to apply the assessment equitably among certain properties within the district.  Under the attached scope of service, GMB Engineers & Planners, Inc., will provide a traffic analysis of existing conditions in the Dunlawton, I-95, Taylor Road area and conditions resulting from the planned development.  Based on their findings, they will coordinate with staff and the City’s special assessment consultants, GSG, to apply a fair assessment methodology to the project area.  The total cost of the analysis is in an amount not to exceed $16,000 and will be applied to the special assessment district costs.  Staff recommends that Council approve the Scope of Service and Fee Proposal with GMB Engineers & Planners, Inc., dated May 2, 2007, for professional transportation services and analysis associated with the Altamira project and extension of Yorktowne Blvd. In an amount not to exceed $16,000 and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.

 

Item 8 -           Change Order No. 2 – Harbor Oaks B-23 Canal Dredging & Seawall Rehabilitation

 

Quentin L. Hampton Associates, Inc., is requesting approval of Change Order No. 2 for additional permitting costs associated with the final Design Phase of the B-23 Canal project in Harbor Oaks.  Their contractor, Dredging and Marine Consultants, will complete the additional permitting work and a copy of the letter from DMC is attached for your review.  Total revised estimated costs for the Final Design Phase of this project is $125,000 and funds are available in Account No. 41218005416397, Project No. DIP024.  Staff recommends approval of Change Order No. 2 for the additional amount of $12,400 to the purchase order with Quentin L. Hampton associates for the Final Design Phase of the Harbor Oaks B-23 Canal Dredging and Seawall Rehabilitation Project.

 

Item 9 -           Monthly Development Activity Report and the Building Activity Report for March and April, 2007

 

Attached is the Monthly Development Activity Report and the Building Activity Report for March and April, 2007.  Staff recommends acceptance of the reports.

 

 

E.                 TABLED ITEMS

 

Item 10 -         First Reading – Ordinance No. 2007-17 – Annexation – Wal-Mart (Tabled March 27, 2007)

 

We recommend that this item remain on the table.

 

Item 11 -         First Reading – Ordinance No. 2007-18 – Approving a Master Development Agreement and Conceptual Development Plan for the Port Orange Nova Road/Madeline Avenue Wal-Mart (Tabled March 27, 1007)

 

We recommend that this item remain on the table.

 

 

F.                  REPORT FROM ADVISORY BOARD

 

Item 12 -         Citizen Advisory Committee for MPO Report

 

A representative of the Citizen Advisory Committee for the MPO will make a report to the Council at this time.

 

 

G.                 COMMUNITY DEVELOPMENT

 

Item 13 -         Second Reading – Ordinance No. 2007-20 – Amending Section 5 of Chapter 16 of the Land Development Code Relating to Special Setbacks for a Structure of the Building Feature

 

We recommend approval.

 

Item 14 -         Second Reading – Ordinance No. 2007-21 – Rezoning – From R-3L to GPU – 4545 Clyde Morris Boulevard

 

We recommend approval.

 

Item 15 -         Second Reading – Ordinance No. 2007-22 – Amending Chapter 4, Sections 3 and 4 of the Land Development Code Relating to Concurrency

 

We recommend approval.

 

Item 16 -         First Reading – Ordinance No. 2007-23 – Administrative Rezoning – From Volusia County R-4 (Urban Single-Family Residential) to City of Port Orange R-7SF (Single Family Residential) East of Ridgewood Avenue, North of Winifred Place

 

This is a request to approve the attached ordinance rezoning approximately 10.54 acres located in the Allandale Residential Area from Volusia County “R-4” (Urban Single-Family Residential) to the City of Port Orange “R-7SF” (Single Family Residential).  If the proposed rezonings are approved, the City will assume full regulatory authority over the permitted uses and development standards for this area.  This is one of three ordinances associated with this City-initiated effort.  Please see the staff report for more information.

 

Planning Commission Action:  The Planning Commission recommended approval, 4-0, (Commissioners Green, Lasky, and Atwood excused) to rezone approximately 10.54 acres located in the Allandale Residential Area from Volusia County “R-4” (Urban Single-Family Residential) to the City of Port Orange “R-7SF” (Single Family Residential). 

 

Staff Recommendation:       Staff recommends approval.

 

Second Reading:      June 19, 2007

 

 

Item 17 -         First Reading – Ordinance No. 2007-24 – Administrative Rezoning – From Volusia County R-5 (Urban Single-Family Residential) to City of Port Orange R-7SF (Single Family Residential) South of Fleming Avenue, North of Niver Street, East of Isabelle Avenue

 

This is a request to rezone approximately 36.11 acres located in the Allandale Residential Area from Volusia County “R-5” (Urban Single-Family Residential) to the City of Port Orange “R-7SF” (Single Family Residential) as recommended by the Planning Commission.  If the proposed rezonings are approved, the City will assume full regulatory authority over the permitted uses and development standards for this area.   This is one of three ordinances associated with this City-initiated effort.  Please see the staff report with Item 16 for more information.

 

Planning Commission Action:         The Planning Commission recommends approval, 4-0, (Commissioners Green, Lasky, and Atwood excused) to rezone approximately 36.11 acres located in the Allandale Residential Area from Volusia County “R-5” (Urban Single-Family Residential) to the City of Port Orange “R-7SF” (Single Family Residential). 

 

Staff Recommendation:       Staff recommends approval.

 

Second Reading:                  June 19, 2007

 

Item 18 -         First Reading – Ordinance No. 2007-25 – Administrative Rezoning – From Volusia County MH-1 (Mobile Home Park) to City of Port Orange RMH (Residential Mobile Home) South of Commonwealth Boulevard, North of Niver Street

 

This is a request to rezone approximately 4.53 acres located in the Allandale Residential Area from Volusia County “MH-1” (Mobile Home Park) to the City of Port Orange “RMH” (Residential Mobile Home) as recommended by the Planning Commission.  If the proposed rezonings are approved, the City will assume full regulatory authority over the permitted uses and development standards for this area.   This is one of three ordinances associated with this City-initiated effort.  Please see the staff report with Item 16 for more information.

 

Planning Commission Action:  The Planning Commission recommends approval, 4-0, (Commissioners Green, Lasky, and Atwood excused) to rezone approximately 4.53 acres located in the Allandale Residential Area from Volusia County “MH-1” (Mobile Home Park) to the City of Port Orange “RMH” (Residential Mobile Home). 

 

Staff Recommendation:       Staff recommends approval.

 

Second Reading:                  June 19, 2007

  

 

Item 19 -         Resolution No. 07-41 - Proposed Easement Vacation – Cross Creek Phase I Subdivision, Lot 57 (4667 Hidden Lake Drive)

 

The Community Development Department has received a request to vacate a portion of the easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 57 of the Cross Creek Phase I Subdivision. The property owners have made this request in connection with a proposed pool, deck, and screened pool enclosure to be constructed in to the easement. The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded and the building permit for the pool will contain a grading requirement stating that an existing swale in the easement is to remain functional. Other City departments have reviewed this request and have no outstanding concerns. There are no currently planned additional drainage or utility improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that enough easement area will remain for the existing swale.

 

Staff recommends that Council approve the attached resolution vacating the westerly 5.00 feet of the easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 57 of the Cross Creek Phase I Subdivision, per the attached legal description.

 

Item 20 -         Resolution No. 07-42 - Proposed Easement Vacation – Sugarmill Subdivision, Lot 15 (3572 Sugarplum Lane)

 

The Community Development Department has received a request to vacate a portion of the northeasterly rear yard 10.00-foot wide Drainage and Utility Easement located on Lot 15 of the Sugarmill Subdivision. The property owner has made this request in connection with a proposed pool, deck, and screened enclosure to be constructed in to the easement.  The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded and enough easement area will remain for necessary drainage. City departments have reviewed this request and have no outstanding concerns. There are no currently planned drainage or utility improvements proposed for this area in the future. Utility Company release letters have been obtained for the area of the easement described in Exhibit “A”. The easement may be vacated to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating the southwesterly 5.00 feet of the northeasterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 15 of the Sugarmill Subdivision, per the attached legal description.

 

 

Item 21 -         Resolution No. 07-43 - Proposed Easement Vacation – The Vineyards Phase II Subdivision, Lot 20 (5485 St. Regis Way)

 

The Community Development Department has received a request to vacate a portion of the westerly rear yard 20.00-feet wide Drainage Easement located on Lot 20 of The Vineyards – Phase II Subdivision. The contractor, acting on behalf of the property owners, has made this request in connection with a proposed pool, deck, and screened pool enclosure to be constructed into the easement. The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded and the building permit for the pool will contain a grading requirement stating that an existing swale in the easement is to be graded in order to remain functional. Other City departments have reviewed this request and have no outstanding concerns. There are no currently planned additional drainage or utility improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that enough easement area will remain for the existing swale.

 

Staff recommends that Council approve the attached resolution vacating the easterly 10.00 feet of the westerly rear yard 20.00-feet wide Drainage Easement located on Lot 20 of The Vineyards – Phase II Subdivision, per the attached legal description.

 

Item 22 -         Resolution No. 07-44  - Proposed Easement Vacation – Viking Subdivision – II, Lots 47 and 48 (1138 Viking Drive)

 

The Community Development Department has received a request to vacate the adjacent side yard 7.50-feet wide Drainage and Utility Easements located on Lot 47 and Lot 48 of the Viking Subdivision - II. The property owners have made this request in connection with the proposed Viking Minor Subdivision (case no. 07-55000002). The common side lot line for the two lots is being relocated to the east resulting in the need to vacate the easements along the original lot line and the need to convey easements along the relocated lot line.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage will not be exceeded with the lot line relocation. There are no currently planned drainage or utility improvements proposed for the easement areas. Other City departments have reviewed this request and have no outstanding concerns. The easements may be vacated, as described in the attached Exhibit “A”, to the extent that they are not being used.

 

Staff recommends that Council approve the attached resolution vacating the adjacent side yard 7.50-feet wide Drainage and Utility Easements located on Lot 47 and Lot 48 of the Viking Subdivision - II, per the attached legal description.

   

Item 23 -         Proposed License Agreement for Countryside PUD Subdivision

 

This is a request to approve and to authorize the Mayor and City Manager to act on behalf of the City to execute the License Agreement for Countryside PUD Subdivision.

 

Countryside PUD Unit III-A Homeowners Association and Countryside PUD Residential Homeowners Association are requesting permission to install a new subdivision sign and re-install a light post in the median of Village Trail, a 100-foot wide City right-of-way.  The median was recently re-constructed with the addition of a left turn lane at the intersection of Nova Road and Village Trail.   The sign shall be located so as not to block line of sight for drivers as well as pedestrians using the crosswalk.  Permits for the sign and the electrical for the light post will be obtained by the HOA.

 

The license agreement has the effect of requiring the HOA to maintain and, if necessary, to replace these improvements with the accepted standard construction requirements of the City.  Further, should the HOA fail to abide by this agreement, the City is provided with the ability to take the necessary corrective action at the expense of the HOA.

 

Item 24 -         Subdivision Variance – Victor Vanlancker

 

This is a request to approve two subdivision variances from the Land Development Code for the following:

 

1.                  To waive the platting and review process for the subject property; and

2.                  To waive the requirement to dedicate land toward the ultimate 80 foot right of way for McDonald Road

 

If the variance requests are approved, the applicant is proposing to apply for a minor subdivision to officially subdivide 1.2 acres from a 4.3 acre parcel of land.  The subject property is located at 965/975 McDonald Road.

 

Planning Commission Recommendation: The Planning Commission recommends approval 4-0 (Commissioners Atwood, Green, and Lasky excused) for two subdivision variances to waive the major platting and review process for the subject property and the right of way dedication for the northern parcel (Parcel No. 1), subject to the following conditions:

 

1.                  The applicant must submit a minor subdivision application for a formal review by City staff.  The City will not accept or approve any permits for the subdivided lot until the minor subdivision has been approved.

2.                  The minor subdivision submittal will need to indicate where and how the applicant intends to provide domestic water and sanitary sewer services to the proposed lot.

3.                  The applicant must address all remaining comments from the City Attorney’s Office before the scheduling of this item for City Council.

 

Staff Recommendation:       Staff recommends approval.

 

 

H.                 PARKS AND RECREATION

 

Item 25 -         Waiving Fees for YMCA’s Summer Sports Camp

 

The YMCA is requesting waiver of fees for use of one field, four days a week for 3.5 hours per day to run a Summer Sports Camp for children 7 to 13 years of age.  No prep work will be necessary.  Included in the packet is a cost for Field Rentals breakdown totaling $490 for the weeks the YMCA is requesting to run their program.  Staff recommends charging the YMCA the standard rental of $490 for the use of the fields.

 

City Manager’s Comments:  I cannot recommend to the City Council the waiver of the fees.  The Council has been consistent much of this year requiring fees to be paid. 

 

 

I.                     ADMINISTRATION

 

Item 26 -         Final Plat – Eastport Business Park, Unit II Subdivision

 

This is a request to approve the Final Plat for the Eastport Business Park Unit II Subdivision, as recommended by the Planning Commission.  The 14.128 acre parcel is located at the southern terminus of Eastport Parkway, north of Commonwealth Boulevard, in the Eastport Business Center Community Redevelopment District.  The proposed subdivision will create seven (7) new lots for commercial/industrial development.

 

Planning Commission Action:  The Planning Commission unanimously recommended approval (4-0, Commissioners Atwood, Lasky & Green absent), of the Final Plat for the Eastport Business Park, Unit II Subdivision. 

 

Staff Recommendation:       Staff recommends approval.

 

Item 27 -         Annexation Amendment to Declaration of Covenants, Conditions, and Restrictions – Eastport Business Park, Unit II Subdivision

 

The subject Annexation Amendment to the Declaration of Covenants, Conditions, and Restriction has been prepared by the Office of the City Attorney and has been executed by Induprop.  Upon approval by the City Council, this annexation amendment will place the Eastport Business Park, Unit II subdivision lands under the jurisdiction of the Eastport Business Park Owner’s Association, Inc., thereby subject to the same covenants, conditions, and restrictions as Unit I.

  

Pursuant to the Amended and Restated Eastport Business Park Agreement between the City and Induprop, Inc., executed in June 1999, 5.6 net usable acres of Unit II is obligated to Induprop.  The City and Induprop have also agreed in concept to exchanging an additional 2.01 acres of land in unit II for Lot 5 in Unit 1.  This land exchange will be formalized in a separate agreement that will be placed before the City Council for consideration.  Pursuant to that Agreement, Induprop will acquire Lots 1 through 5 and Lot 7 in Unit II, and the City will acquire Lot 5 in Unit I.  The City will retain the remaining acreage in Unit II (namely, Lot 6) for economic development purposes.

 

Staff recommends that Council approve the Annexation Amendment for the Eastport Business Park, Unit II Subdivision, as presented.

 

J.                   COUNCIL COMMENTS

 

Item 28 -         Comments/Concerns from Council Members

 

At this time, Council Members may discuss various matters of concern.