PUBLIC PARTICIPATION – 8:30 a.m.
Lindsay Roberts, Coalition for the Homeless, thanked Council for its support and
presented mementos of appreciation.
Al Schweizer spoke about noise vibrations
from music at the DeLand Skating Rink.
Karen Clark thanked Council for its animal-related assistance and for curbing
growth in the Glenwood area.
CALL TO ORDER – 9:00 a.m.
County
Council Chambers, Room 204, Thomas C. Kelly Administration Center, 123 West Indiana Avenue, DeLand, Volusia County, Florida
ROLL CALL
Everyone was present.
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Reverend Sam Lee, Assistant Chaplain of Stetson Baptist Church, DeLand
9:05 a.m.
Item 1
Request approval of System Implementation Agreement
for CJIS with Unisys Corporation in the amount of $13,850,856.00; and the First
Amendment to System Implementation Agreement for RMS with Tiburon, Inc.
(formerly CompuDyne) for the Sheriff’s CJIS Interface in the amount of
$557,118.00; and authorize the County Manager to award the purchase orders for
designated hardware and software for the CJIS implementation as needed and
presented for the CJIS Project; approve Budget Resolution 2006-263; approve IRS
Resolution 2006-264; and approve Resolution 2006-265 authorizing the borrowing
of $16,000,000.00 from the Florida Local Government Finance Commission, and
authorize the County Manager and Council Chair to sign and execute the
implementation agreements, resolutions and all related financing and other
applicable documents.
Staff Contact: Charlene Weaver, 386-943-7054, ext. 7054 Agenda Item to Follow
Elaine Whitehead, 386-736-5922, ext. 5922
Deputy County Manager Matt
Greeson gave opening remarks and recognized a number of people from Judicial
Services, Court Administration, the Clerk’s Office, County staff and Unisys
Corporation who had been instrumental in the completion of the project. He then briefly explained what Council was
being asked to do.
On behalf of the CJIS
Council, Judges Robert Rouse and William
Parsons spoke about the importance of the system, thanked everyone for
their hard work and dedication in seeing the job through and thanked Council
for its support. It was noted that electronic
filing conversion was expected to be in use throughout the state between 2010
and 2015.
Mr. Greeson stated for the
record the contract was available for review by the public in the County Manager’s office.
Brian Mandel, Unisys Corporation, thanked everyone for their involvement in the mission
and also Council for its determination to see the project satisfactorily
completed. Council expressed its
appreciation of everyone’s efforts and the resulting implementation agreements.
Council Member Lewis moved
for APPROVAL as recommended, and after Council Member Hayman seconded the
motion it CARRIED 7-0. Resolution No.
2006-263, IRS Resolution No. 2006-264 and Resolution No. 2006-265, entitled as
follows and on file in their entirety with the records of the County Council,
were duly ADOPTED.
RESOLUTION NO. 2006-263
A RESOLUTION OF THE COUNTY
COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE FISCAL YEAR
2006-07 BUDGET, CHANGING THE ESTIMATED TOTAL REVENUES, SURPLUS AND EXPENDITURES
AND PROVIDING AN EFFECTIVE DATE.
IRS RESOLUTION NO. 2006-264
A RESOLUTION OF THE COUNTY
COUNCIL OF THE COUNTY OF VOLUSIA, FLORIDA, DECLARING OFFICIAL INTENT
OF REIMBURSEMENT OF CAPITAL EXPENDITURES AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 2006-265
A RESOLUTION OF THE COUNTY
COUNCIL OF THE COUNTY OF VOLUSIA, FLORIDA, AUTHORIZING THE BORROWING OF NOT
EXCEEDING $16,000,000 PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE
COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION, CONSTRUCTION,
INSTALLATION AND EQUIPPING OF CERTAIN COMPUTER EQUIPMENT FOR THE CRIMINAL
JUSTICE INFORMATION SYSTEM, INCLUDING THE REIMBURSEMENT OF CERTAIN COSTS
INCURRED BY THE COUNTY IN CONNECTION THEREWITH, IF ANY; AUTHORIZING THE
EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING AND AGREEING TO
SECURE SUCH BORROWING WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE
NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE.
PRESENTATIONS
Item 2
·
Aaron Burnett as the winner of the "Name That Bus" contest,
regarding the mobile spay/neuter bus
Staff Contact: Shelley
Szafraniec, 386-822-5062, ext. VC-1165584997286
Council
recognized Aaron and congratulated him on his winning entry of the “Pet Vet
Cruiser”.
APPROVAL
OF MINUTES OF COUNTY COUNCIL
Item 3
Request for approval of
Minutes from the County Council - Regular Session held October
5, 2006.
Staff Contact: Camilla Grasso, 386-736-5920, ext. 5898 VC-1165855592897
Council
Member Alexander moved for APPROVAL as recommended. Council Member Lewis seconded the motion, which CARRIED 7-0.
PULL
CONSENT AGENDA ITEMS
Pulled
consent agenda items will be heard no earlier than 11:00 a.m. on Thursday, December 21, 2006.
Matters included under the consent
agenda will be approved by one motion.
If discussion is desired by any member of the Council, that item must be
removed from the consent agenda and considered separately. Citizens with concerns should address those
concerns by filling out a public participation slip and giving it to the Deputy
Clerk prior to consent agenda items being pulled.
Council
Member Hayman: Items 20,
33, 52 and 53
Council
Member Lewis: 0
Council Chair Bruno: 0
Council Member Alexander: Items 16, 19, 35, 44 and 52
Council Member Giles: Items 14, 15, 20, 35, 38
and 52
Council Member Long: 0
Council Member Persis: 0
Council Member Hayman moved to APPROVE the CONSENT
AGENDA and all actions recommended therein, as amended to remove Items 14, 15,
16, 19, 20, 33, 35, 38, 44, 52 and 53 for discussion. Said motion was seconded by Council Member
Persis and CARRIED, 7-0.
PUBLIC
HEARINGS AND TIME CERTAIN MATTERS (MAY BE
HEARD LATER, BUT NOT SOONER, THAN THE DESIGNATED TIME)
10:00 a.m.
ZONING
Item 4
Order of Business:
Open Public Hearing
Staff Report
Public Participation
Close Public Hearing
Council Discussion/Action
PUD-06-071 – Application of Paul
Holub Jr., Agent, 1057 Ocean Shore Investors L.L.C., Owner, requesting a
rezoning from the B-8 (Tourist) zoning classification to the Oceanic Villas
BPUD (Business Planned Unit Development) zoning classification. The property is located on the east side of
State Road (SR) A-1-A, south of its intersection with River Dr. in the
community of Ormond by the Sea, near the City of Ormond Beach; ± one-acre beachfront
parcel with 16-unit motel built in 1952; and request to adopt Resolution No.
2006-253.
PLDRC Recommendation: APPROVAL (with three
additional conditions) Opposition
at PLDRC
Staff Recommendation: APPROVAL
(with recommended changes)
Staff
Contact: Scott Ashley, 386-943-7059, ext. 2014
VC-1162840349628
Planning Manager Scott Ashley gave the staff
report. He said for the record staff had
received a late communication from the City of Ormond Beach regarding density,
potential for traffic and height restrictions, and stated it had no specific
concerns about the proposal.
Jim Morris, attorney for applicant, said
Mr. Ashley had summarized the opinion of staff, the PLDRC and the City of Ormond Beach very well. He agreed with staff recommendations except
for the requirement on the roof overhang.
The B-8 zoning, in place since the early 1980’s, would permit
convenience stores, restaurants, night clubs and multi-family use, and the
proposed building met the requirements of the Department of Environmental
Protection (DEP). He added the project
would tailor and improve the way the property was developed, and gave a
PowerPoint slide presentation.
Council discussion followed. Council Member Long wanted it made clear that,
to Mr. Morris’ knowledge, the residents of Oceanshore Condominium to the north
had not submitted a letter in objection to the project. Council Member Long also wished the record to
reflect the taxable value of the current structures and property was $1.1
million, and was projected to be somewhat over $18 million when the proposed
BPUD sold out.
Mr. Morris read part of a letter from Ormond Beach Planning
Director Clay Ervin into the record, which stated, “The architecture of the
project generally complies with the standards adopted in the City of Ormond Beach Land
Development Code. We
encourage the applicant and the County to use the architecture, landscaping and
site amenities to balance the requested variation building setbacks.”
Concern was expressed over the permitted BPUD motel/hotel
use in a predominately residential neighborhood. Mr. Morris said the intended use of the
property was solely residential, a request for reduction of the RPUD density
requirement had been denied, and the smaller minimum lot size of the BPUD category
did fit within the County’s Comprehensive Plan.
He added the motel/hotel reference could be deleted from the requested
use. There was also discussion about the
shadowing effect during the summer, winter and spring/fall solstices.
Allen Watts, attorney for Oceanshore
Condominium Association, stated the key language in the PUD being sought was
that a proposed development should be sensitive to existing adjacent and future
land uses, which was usually done through buffering and limiting the types of
permissible uses in structures. He felt the
projected complex had to provide wider setbacks for the requested height. He also felt the application was nothing more
than a variance request, and a variance should not be granted in the guise of a
PUD unless it brought a benefit to the adjoining property that the existing
zoning did not afford.
Oceanshore Condominium residents Leon and Diane VanWert, Kelly and Tony
Pirkle, Jay Rust and Dean May spoke in opposition to the rezoning request. Mr. Morris made closing remarks about
permitted uses in both the B-8 and BPUD zoning classifications and stated the
request was for a rezoning, not a variance.
He also said the Oceanshore Condominium was built behind the DEP’s
Coastal Construction Control Line (CCCL) in order to avoid the construction
standards imposed by DEP, which were considered to be the safest and strongest
coastal construction standards in existence.
Mr. Watts stated Mr. Morris had presented no evidence of any codes to
which the Oceanshore Condominium was or was not constructed, and moved to
strike his statement from the record.
Further Council discussion ensued. Council Member Persis felt the proposed
project was a fine one, but a totally inappropriate use for the site in question. He spoke about the practice of buying
property for later rezoning to maximize one’s profit at others’ expense, and
was concerned about setting a precedent.
There was also support for the request based on the project’s placement
and design, ability to blend with the two adjacent properties and its
consistency with various standards and Comprehensive Plan policies.
Council Member Alexander moved for APPROVAL with three
CONDITIONS from Planning Staff (set forth in the agenda item) and with a fourth
additional CONDITION requested by Council to be added to the Development
Agreement, to wit:
1. The building height shall be a maximum of 115 feet.
2. No portion of the proposed building will
encroach into the 15-foot, side-yard setbacks except for the roof overhang.
3. Applicant shall provide double the amount of
the minimum plant materials required within the side-yard landscape buffers.
4. The words “hotel/motel” will be deleted from
the use.
Council Member Long seconded the motion. Further discussion followed, during which
Council Member Persis clarified some points in Mr. Ervin’s letter and Assistant
County Attorney Michael Dyer outlined the eight considerations in a rezoning
request.
Chair Bruno asked for a roll call vote on the
motion, which CARRIED 5-2, with Council Members Hayman and Persis in
opposition. Resolution No. 2006-253,
entitled as follows and on file in its entirety with the records of the County
Council, was duly ADOPTED.
RESOLUTION NO. 2006-253
IN THE COUNTY COUNCIL OF THE
COUNTY OF VOLUSIA, FLORIDA IN RE: APPLICATION
OF 1057 OCEANSHORE INVESTORS, LLC RESOLUTION NO. 2006-253 ORDER AND RESOLUTION GRANTING
A REQUEST FOR CHANGE OF ZONING FROM B-8 (TOURIST) TO OCEANIC VILLAS BPUD
(BUSINESS PLANNED UNIT DEVELOPMENT).
Item 5
Order of Business:
Open Public Hearing
Staff Report
Public Participation
Close Public Hearing
Council Discussion/Action
Z-06-134 – Application of Ty
Harris, Attorney for Mamie Lake Estate, LLC, Owner, requesting a rezoning from
the A-2 (Rural Agriculture) zoning classification to the A-4 (Transitional
Agriculture) zoning classification. The
property is located on the west side of Grand
Avenue, at its intersection with Highland
Park Road in the community of Glenwood; ± 21 acres; and
request to adopt Resolution No. 2006-____.
PLDRC Recommendation: DENIAL Opposition at PLDRC
Staff Recommendation: DENIAL
Staff
Contact: Scott Ashley, 386-943-7059, ext. 2014
VC-1162841744863
This Item was withdrawn by the applicant.
Item 6
Order of Business:
Open Public Hearing
Staff Report
Public Participation
Close Public Hearing
Council Discussion/Action
Z-06-128 – Application of Robert
and Robin Newman, Owner, requesting a rezoning from the A-1 (Prime Agriculture)
zoning classification to the A-4 (Transitional Agriculture) zoning
classification. The property is located on
the east side of East Avenue, south of its
intersection with Spring Garden Ranch Road, near
the rural community of DeLeon Springs; ± 5 acres; and request to adopt Resolution No. 2006-261.
PLDRC Recommendation: APPROVAL No
Opposition at PLDRC
Staff Recommendation: DENIAL
Staff
Contact: Mary Robinson, 386-943-7059, ext. 2013 VC-1162840848800
Building and Zoning Director Mary Robinson gave the
staff report. Applicant Robert Newman stated it was his intent
to give half the property to his son and daughter-in-law to raise their
family. Council Member Lewis noted there
were some other two and one-half parcels in the area, but added that some of
the neighbors had expressed concern about Mr. Newman’s property being on a dirt
road and that Mr. Newman would simply resell both lots. Mr. Newman offered to provide a statement
that he would not resell the property upon the rezoning, but Ms. Robinson
stated a zoning request could not be conditioned.
Council Member Lewis moved for APPROVAL as
recommended. Council Member Giles
seconded the motion. Further discussion
followed. Council Member Persis felt
that granting the request was not the right thing to do, Mr. Newman would be
able to do anything with his property he wished (such as reselling it) and the
County had enough dirt road issues.
