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MEMORANDUM

 

 

To:                   Mayor Allen Green

Vice Mayor Mary 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 27, 2008

 

Date:               May 19, 2008

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 SPECIAL REPORT

 

Item 4 -           Report from KemperSports Management

 

A representative of KemperSports will make a report regarding Cypress Head at this time.

 

C.                CITIZEN PARTICIPATION

D.                CONSENT AGENDA

 

Item 5 -           Project Managers’ Report

 

Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.

Item 6 -           2007 Concurrency Management Report

 

This is a request to accept the 2007 Concurrency Management Report as presented by Staff.  As indicated in the report, the City's position with respect to concurrency is at sufficient levels for FY 07/08; however, deficiencies in Level of Service (LOS) standards are projected for certain road segments and intersections and recreational facilities. As new development and redevelopment occurs, the level of service for the deficient facilities needs to be addressed along with the monitoring of all City facilities and services to ensure capacity is available.

 

Planning Commission Action:    The Planning Commission recommends approval, 5-0 (Commissioners Barker and Parker excused).

 

Staff Recommendation:   Staff recommends approval.

 

 

E.                 TABLED ITEMS

 

Item 7 -           Second Reading – Ordinance No. 2008-13 – Amending Article IV of Chapter 42 of the Code of Ordinances Relating to Nuisances (Tabled 5/6/08)

 

Staff recommends that this item remain on the table.

 

 

F.                 FINANCE

 

Item 8 -           Monthly Financial Report

 

Attached is the Monthly Financial Report.  If you have questions, please contact John Shelley or me.

 

G.                COMMUNITY DEVELOPMENT

 

Item 9 -           First Reading – Ordinance No. 2008-16 – Small Scale Future Land Use Amendment – Dale Bartholomew

 

This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98 for property located at the northeast corner of S. Williamson Blvd. and Willow Run Blvd., as recommended by the Planning Commission.  The purpose of the proposed amendment is to change the future land use designation of approximately 4.23 acres from Urban High Density Residential 8-16 units per acre to Commercial.   If the proposed future land use change is approved, the developer intends rezone the property from Volusia County “A-2” and City of Port Orange “A” (Agriculture) to City of Port Orange “CC” (Community Commercial) in order to build a convenience store with fuel operations and a multi-tenant building. There will be a trip cap on the property of 73 p.m. peak hour trips written into the ordinance. The staff report is attached for your review.

 

Planning Commission Recommendation:  The Planning Commission recommended approval (6-0, Commissioner Barker, excused), of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98. 

 

Staff Recommendation:  Staff recommends approval.

 

Second Reading:  Please note that second reading of the ordinance will be scheduled after certification of the amendment from VGMC is received.

 

Item 10 -        First Reading – Ordinance No. 2008-17 – Rezoning – From Volusia County A-2 (Rural Agriculture) and City of Port Orange A (Agriculture) to City of Port Orange CC (Community Commercial)

 

This is a request to rezone approximately 5.51 acres located at the northeast corner of S. Williamson Blvd. and Willow Run Blvd. from Volusia County “A-2” (Rural Agriculture) and City of Port Orange “A” (Agriculture) to City of Port Orange “CC” (Community Commercial), as recommended by the Planning Commission. If the rezoning request is approved, the developer intends to build a 3,000 SF convenience store with fuel operations and a 4,800 SF office/retail building. The Staff Report is attached for your review.

 

Planning Commission Recommendation:      The Planning Commission  recommended approval, 6-0 (Commissioner Barker, excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   Please note that second reading of the ordinance will be scheduled after certification of the land use amendment from VGMC is received.

 

Item 11 -        Resolution No. 08-20 – Proposed Easement Vacations for Williamson Boulevard Widening

 

Sean Maroney, Volusia County Right-of-Way, has requested the vacation of certain Conservation, Tree Conservation, and Pedestrian Access Easements that exist on property that Volusia County will be acquiring in order to widen Williamson Blvd. South of Taylor Road.

 

It has been requested that the resolution approving the change in the public's interest will be effective upon Volusia County securing the property interest from the property owners and/or homeowners associations, as applicable. Legal descriptions have been reviewed for completeness and accuracy.

 

Staff recommends that Council approve the attached resolution vacating certain easements per a request from Volusia County Right-of-Way in connection with the widening of Williamson Boulevard, conditioned upon property acquisition by Volusia County.

 

Item 12 -        Resolution No. 08-21 - Proposed Subordination of Utility Interests for Williamson Boulevard Widening

 

Sean Maroney, Volusia County Right-of-Way, has requested the approval and execution of a Subordination of Utility Interests document for Drainage and Utility Easements that exist on areas of Lot 1 and Lot 2 of the Sawgrass Bluff Subdivision that Volusia County will be acquiring in order to widen Williamson Blvd. South of Taylor Road.

 

It has been requested that the resolution approving the change in the public's interest will be effective upon Volusia County securing the property interest from the current property owners.  The Subordination of Utility Interests document has been prepared by Volusia County and approved by the Office of the City Attorney. Legal descriptions have been reviewed for completeness and accuracy.

 

Staff recommends that Council approve the attached resolution approving the Subordination of Utility Interests document per a request from Volusia County Right-of-Way in connection with the widening of Williamson Boulevard, conditioned upon property acquisition by Volusia County.

 

 

Item 13 -        Resolution No. 08-22 - Proposed Tree Conservation Easement Vacations – Countryside commercial Center PCD (1165, 1175, 1185, and 1195 Dunlawton Avenue)

 

The Community Development Department has received a request to vacate Tree Conservation Easements located on the recorded plat for the Countryside Commercial Center PCD Subdivision. Zev Cohen and Assoc., Inc., agent for the property owner, has made this request in connection with the proposed Countryside Commercial Center, Buildings D and E development, currently under review.

 

During the hurricanes of 2004, many of the specimen trees within the Countryside Commercial Center were damaged beyond repair.  As a result, nineteen (19) of the damaged trees were removed, eight (8) healthy specimen trees remain, and three (3) specimen trees remain that are failing (refer to Exhibit M-1). Staff has inspected the remaining trees and concurs with the applicant's arborist recommendation to remove the three (3) failing trees. Staff recommends approval of the tree conservation easement vacations conditioned on mitigation involving replacement tree planting, credit for trees already planted in excess of code requirements, credit for two existing trees that will be protected by a new tree conservation easement, and a tree bank payment in the amount of $5,237.89 (refer to Exhibit M-2).

 

The easement vacation application and legal descriptions have been reviewed for completeness and accuracy. Other City departments have reviewed this request and have no outstanding concerns. The easement may be vacated to the extent that required mitigation and the new tree conservation easement will be provided prior to quit claim deed recording and development  permit issuance.

 

Staff recommends that Council approve the attached resolution vacating certain Tree Conservation Easements located on the recorded plat for the Countryside Commercial Center PCD Subdivision, per the attached legal descriptions (Exhibit A), conditioned upon the completion of required mitigation and the recording of a new tree conservation easement prior to quit claim deed recording and development permit issuance.

 

 

Item 14 -        Concurrency and Fair Share Agreement for The Reserve at Crystal Lake Apartments Site Plan

 

The Reserve at Crystal Lake Apartments is a proposed 290 unit multi-family development located on the north side of Reed Canal Road east of Clyde Morris Boulevard within the Crystal Lakes PUD.  The traffic impact analysis, completed earlier this year by Traffic Engineering Data Solutions, Inc., projects impacts to the Dunlawton-Clyde Morris Boulevard intersection, the I-95 interchange area, and the Summer Trees Road extension upon build-out of the development.  The $39,242 fair-share mitigation payment will be contributed toward the cost of improvements at those locations as shown on Exhibit A-2 of the agreement.  The agreement has been executed by the applicant and is attached for review.

 

The site plan has been reviewed by staff and found to be in compliance with the City’s development requirements.  A Development Order will be issued upon City Council approval of the Fair Share Agreement and receipt of the fair share mitigation payment.

 

Staff recommends that Council approve the Concurrency and Fair Share Agreement for the Reserve at Crystal Lake Apartments site plan.

 

 

H.                COUNCIL COMMENTS

 

Item 15 -        Comments/Concerns from Council Members

 

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

 

 

 

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