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City Commission

Regular Meeting

Deltona, FL · September 9, 2015

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Wednesday, September 9, 2015 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Masiarczyk. 2. ROLL CALL – CITY CLERK: Present: 7 - Commissioner Herzberg Commissioner Honaker Commissioner Nabicht Commissioner Smith Commissioner Soukup Vice Mayor Schleicher Mayor Masiarczyk 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Smith - Tawny Rogers, Pine Ridge Fellowship Church. Commissioner Smith introduced Tawny Rogers, Director of Children’s Ministry at Pine Ridge Fellowship Church. The National Anthem was sung by Kasia Soto, a 9th Grade student at Deltona High School. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of Minutes - Regular Commission Meeting of August 17, 2015 - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Herzberg, seconded by Vice Mayor Schleicher, to approve the Regular Commission Meeting minutes of August 17, 2015, as presented. . The motion carried by the following vote: For: 7 - Commissioner Herzberg, Commissioner Honaker, Commissioner Nabicht, Commissioner Smith, Commissioner Soukup, Vice Mayor Schleicher, and Mayor Masiarczyk City of Deltona Page 1 Printed on 12/3/2015 City Commission Minutes September 9, 2015 5. PRESENTATIONS/AWARDS/REPORTS: None. 6. CITY COMMISSION SPECIAL REPORTS: Mayor Masiarczyk stated there was a Tourist Development Council (TDC) Meeting in Daytona Beach which Deltona has a seat on and most of the action done on that board has to do with tourist development. The increase in tourism is about 6% and 7.5% increase in room occupancy which equates to economic improvements in the area. He stated at the Transportation Planning Organization (TPO) the board was able to be convinced to continue looking at some of the things that are important to Deltona like the movement to withdraw or not use the funding for a study of the emergency exit on the east side of the S.R. 442 exchange to connect to either Elkcam Blvd. or Doyle Rd. so the State and the County TPO will continue that study. Commissioner Nabicht stated the Commission was invited to attend the preview of Florida Hospital's new facility on Saxon Blvd., the grand opening will take place on September 30th around 4:00 p.m. or 5:00 p.m. and Walmart Grocery will have its ribbon cutting the same day at 7:30 a.m. Florida Hospital’s facility is going to be a tremendous asset to the community by providing medical preventative care, most of the Commission were involved with bringing pediatric services to Deltona who currently only has one (1) or two (2) pediatricians. Not only will there be pediatric services but, also pediatric specialty services, late night hours which have not been finalized as of yet, women's services like mammograms, Computer Tomography (CT) Scanning, and the facility will provide more daytime jobs in the community. Commissioner Herzberg stated the Volusia League of Cities (VLOC) Executive Board met yesterday where legislative priorities were discussed that will be presented at the legislative delegation on Friday, October 16th in DeLand. All of the elected officials from the Senate and the House will be there as a Volusia delegation. Citizens can speak at the meeting and the VLOC will speak about its priorities such as water quality and quantity which is the top priority. At its last meeting, Team Volusia started with its presentations from different cities and Deltona is slated to do a presentation on Thursday, December 10th. It is a public/private partnership to the business partners there and to show what Deltona has to offer. The Daytona State College (DSC) Center for Woman and men is undergoing change; she will bring forward what the board will be talking about, what changes are effective in the fresh start program and hopefully will be working more closely with DSC. Mayor Masiarczyk stated he was nominated and accepted to be on the Alumni and Friends Board for DSC. 7. PUBLIC FORUM: 1) Fire Chief Rhames, Deltona Fire Department, stated September 11, 2001 was a very sobering day for all of us, events that occurred on that day have forever changed us, this Friday the Fire Department is going to recognize and remember that day with a City of Deltona Page 2 Printed on 12/3/2015 City Commission Minutes September 9, 2015 small ceremony at Station 61 located at 1685 Providence Blvd. At 8:30 everyone will gather around the flag pole, the flag will be raised, Volusia County dispatch will announce the time of the first impact that occurred on the World Trade Center and a member of Vitas Healthcare will provide a prayer. He encouraged everyone to attend but, those that could not he asked that they remember all of those who lost their life that day and he stated “forever we shall never forget.” 2) Victor Ramos, Bethune-Cookman University (BCU), 1555 Saxon Blvd., Deltona, spoke BCU’s soccer team practicing at Dewey O. Boster Sports Complex to prepare for the game on Sunday at 3:00 p.m. and he encouraged everyone to attend. Before the game at 2:30 p.m. there will be a small program with President Jackson, State Representative Santiago, County Councilmember Lowry and County Councilmember at large Joyce Cusack. It is the inaugural game against Albany State University and the following Sunday’s game will be against Florida A&M University (FAMU). 3) Candy Adams, President of Deltona Little League, 548 Saxon Blvd., Deltona, provided yearbooks for each of the Commission, she spoke about having a better turnout for the Fall registration than in the Spring, looking forward to next Spring, she recognized the board members and the members of the league, that little league was the first established organized sport in Deltona, looking for the support of the community and the City to bring the park decorum up to a higher standard, and she wants to bring Deltona Little League and Vann Park up to the standards of the other City's parks. Mayor Masiarczyk stated the City Manager is focused on beautifying the City and he is sure that the park will be part of that agenda this year. 4) John A. Pagan, 1365 Valhalla Street, Deltona, spoke regarding this being his first year on the board of Deltona Little League, the first impression of the fields at Vann Park and his main concern is being able to make the fields safer and bringing them up to a higher standard. 5) Mike Williams, 2889 Cottageville Drive, Deltona, stated he met Mrs. Bethune in the 9th Grade where she made a speech and she stated "You can be all you want to be" and he gave the reason he did not attend BCU. The theme for the Martin Luther King (MLK) Celebration was chosen by a focus group study made up of teens and the one that was chosen was "Sharing Our Vision of America." The schools participate in the celebration by the elementary schools doing a postcard, the middle schools do an essay and the high schools do a video. President Jackson of BCU has been asked to be the key note speaker for the breakfast. CONSENT AGENDA: All items marked with an * will be considered by one motion unless removed from the Consent Agenda by a member of the City Commission. If an item is removed for clarification only, it will be discussed immediately following action on the Consent Agenda. If an item is removed for further discussion, it will be discussed under New Business immediately following the last listed item. City of Deltona Page 3 Printed on 12/3/2015 City Commission Minutes September 9, 2015 8. CONSENT AGENDA: None. 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 14-2015, Amending the Deltona Welcome Center Business Planned Unit Development (BPUD), at first reading - Chris Bowley, Planning & Development Services Department, (386) 878-8602. Commissioner Honaker stated Volusia County turned down the easement of the one (1) foot right-of-way for the Debary Avenue right in right out and he asked if the motion could still be made with that included in it. Mayor Masiarczyk stated the County Council has not made the decision but, it should come tomorrow night at the County Council meeting. The Commission and staff discussed the project creating roughly 30 jobs in Deltona, it would create a unique opportunity for the City to work together with one (1) corporate entity at the City's gateways, that the property had been vacant for 15-20 years, the history of the area, the applicant’s request being reasonable, there being similar circumstances all around Volusia County, that the project will increase the safety at that intersection and it will help to alleviate law enforcement issues in that area, that the City loses a lot of gasoline tax dollars to other cities and counties, the hopes that the County Council members and the County Manager are listening to hear the request for cooperation, confidence in staff to make traffic decisions based on information by a professional third party, imploring the County Council to not only approve granting the access on Deltona Blvd. but, also the access on Doyle Road for the right in right out, Race Trac being one (1) of the most attractive gas stations and the project being visible from the interstate, that the City have representation at the County Council meeting tomorrow, possibly having right in and not a right out as an option, discussing with the Volusia County Sheriff’s Office (VCSO) the safety in that area, that there have been several accidents in the project area, if the County does not grant the request possibly compromising for a right out, everyone having ample time to provide feedback on the project, the City’s Land Development Code (LDC) addresses access management and there being a site plan review process, wanting the address of the property to be “Deltona Blvd.” and that responsibility being the County’s, addressing the concerns of the community, the environmental impact and possible contamination of the adjacent property, the old Pix gas station which is now a Circle K on Howland Blvd. not having a right in and right out, the nearby convenience store possibly being put out of business, that a right in only will not work, and applying for a Community Redevelopment Agency (CRA) in that area. Mayor Masiarczyk opened and closed the public hearing as there were no public comments. Tom Sullivan, Grey Robinson Law Firm, 301 East Pine Street, Orlando, stated he is City of Deltona Page 4 Printed on 12/3/2015 City Commission Minutes September 9, 2015 excited about the prospect of having a third Race Trac in the City, the Howland location is going strong, closed on the property at Saxon and Finland Blvds ., recognizes this is a gateway to the City and will be a quality project, still trying to work with the County and appreciates the City's involvement, the access is a convenience use and is critical to the project, that the restrictions may have led to the reason the property was never sold and there being plenty of business in the area for all businesses to do well, especially being off an interchange. Mayor Masiarczyk stated Mr. Bowley will represent the City at Volusia County Council’s meeting, he provided several examples of right ins and right outs in the City and none of the businesses are anywhere near the 250 feet from the intersections, he cannot understand the thinking of the county to want to stop this project in Deltona, the county needing to do clean up weeds in the medians on Saxon Blvd., the project will make the entryway more beautiful than it has been in the last 50 years, the project being a better project than a fast food restaurant, and he encouraged everyone to let the county know that the project is good for Volusia County. Motion by Commissioner Honaker, seconded by Commissioner Nabicht, to approve Ordinance No. 14-2015, to amend the Deltona Welcome Center BPUD to allow for more than one gas station/convenience store on lots two and three and to permit one right-in and right-out access point each on Deltona Blvd. and DeBary Ave, at first reading, and to schedule second and final reading for September 21, 2015. City Attorney Becky Vose read the title of Ordinance No. 14-2015 for the record. AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE DELTONA WELCOME CENTER BUSINESS PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE FOLLOWING PARCELS: LOT 2, DELTONA WELCOME CENTER, MAP BOOK 45, PAGE 17 AND LOT 3 DELTONA WELCOME CENTER REPLAT, PER MAP BOOK 50, PAGE 37, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, TOTALING APPROXIMATELY ±1.98 ACRES; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Herzberg, Commissioner Honaker, Commissioner Nabicht, Commissioner Smith, Commissioner Soukup, Vice Mayor Schleicher, and Mayor Masiarczyk Ordinance No. 14-2015 was adopted at 7:18 p.m. B. Public Hearing - Ordinance No. 15-2015, Rezoning ±9.28 acres located within the Deltona Activity Center from R-1AA to Mixed Use Planned Unit Development (MPUD), at first reading - Chris Bowley, Planning and Development Services Department (386) 878-8602. City of Deltona Page 5 Printed on 12/3/2015 City Commission Minutes September 9, 2015 Mr. Paradise stated there was a last minute housekeeping change to the development agreement that did not make it into the agenda packet, on Page 4, Subsection E, the following language has been added “if kept under common unified ownership the floor area ratio will be 0.40” which is consistent with the discussions between the applicant and staff to provide the option to either subdivide the property or maintain it under unified ownership. The change was brought to staff’s attention by the applicant and the statement was needed for internal consistency purposes to ensure or manage intensity. Mayor Masiarczyk stated the motion would be with that change unless there is any opposition and there was none. Mayor Masiarczyk opened the public hearing. Harry Newkirk, Engineer of Record with Newkirk Engineering, 1370 North U.S. Hwy 1, Ormond Beach, thanked staff and the City Manager for helping get the project to this point, there were several meetings going over changes to bring forward the Assistant Living Facility (ALF) and an upscale mini warehouse project to the City of Deltona. Virgil Sosa, 526 N. Firwood Drive, Deltona, stated he lives behind the water retention portion of the project, where Firwood Drive meets Normandy Blvd., he was hoping the project would help eliminate the motocross activity going down the power lines. Mayor Masiarczyk closed the public hearing. Commissioner Soukup asked what was going to be placed on the property as a buffer to residents and David Butler, on behalf of the ownership, 528 Park North Court, Winter Park, replied an agreement has been reached with the City for the development of trees and other heavy landscaping, there is a very heavy tree line to the south of the 40 foot easement that goes back to the water plant. There is an additional 60 or 80 foot easement for the power lines, there is a fair amount of separation and the lighting will be shielded and will not throw off any foot candle off the property. Commissioner Nabicht stated he wanted to make very clear to the development team the Building and Fire Officials are the authorities having jurisdiction, the applicant got a good pass on the submission date, so he hopes the applicant has a good working relationship and develop a good working relationship with those two (2) individuals. Motion by Commissioner Honaker, seconded by Commissioner Herzberg, to approve Ordinance No. 15-2015, rezoning ±9.28 acres located at 2306 N. Normandy Blvd. from R-1AA to MPUD with the staff suggested changes to the Gold Choice MPUD Development Agreement and with the 0.40 amendment verbiage recommended by staff, at first reading, and to schedule second and final reading for September 21, 2015. City Attorney Becky Vose read the title of Ordinance No. 15-2015 for the record. City of Deltona Page 6 Printed on 12/3/2015 City Commission Minutes September 9, 2015 AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP PURSUANT TO CHAPTER 110, SECTION 1101 OF THE CITY CODE OF ORDINANCES FOR PROPERTY TOTALING APPROXIMATELY ±9.28 ACRES LOCATED NORTH OF FIRWOOD DRIVE ON NORTH NORMANDY BOULEVARD IN THE DELTONA ACTIVITY CENTER FROM R1-AA TO MIXED USE PLANNED UNIT DEVELOPMENT; AND PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Herzberg, Commissioner Honaker, Commissioner Nabicht, Commissioner Smith, Commissioner Soukup, Vice Mayor Schleicher, and Mayor Masiarczyk Ordinance No. 15-2015 was adopted at 7:32 p.m. C. Public Hearing - Ordinance No. 16-2015, Amending Section 110-311(a) of the RM-2, Multiple Family Residential Dwelling, zoning classification, at first reading - Chris Bowley, Planning and Development Services Department (386) 878-8602. Mr. Chris Bowley, Planning and Development Services Director, stated the Land Development Code (LDC) and the Comprehensive Plan have to be consistent with each other and staff just noticed that in the performance standards, in the density ranges of the code did not match the future land use element density ranges for the definition of medium density and high density so this corrects that and it corrects a Scribner ’s error in the text. Mayor Masiarczyk opened and closed the public hearing as there were no public comments. Motion by Commissioner Herzberg, seconded by Commissioner Honaker, to approve Ordinance No. 16-2015, to change the RM-2 text of Section 110-311(a) to change “Medium Density” to “High Density” and to insert the word “purpose” instead of “purposed”, at first reading and to schedule second and final reading for September 21, 2015. City Attorney Becky Vose read the title of Ordinance No. 16-2015 for the record. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, BY AMENDING AND REVISING THE PROVISIONS OF CHAPTER 110 SECTION 311, RM-2 MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT, OF THE CITY OF DELTONA CODE OF ORDINANCES; AND PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The motion carried by the following vote: City of Deltona Page 7 Printed on 12/3/2015 City Commission Minutes September 9, 2015 For: 7 - Commissioner Herzberg, Commissioner Honaker, Commissioner Nabicht, Commissioner Smith, Commissioner Soukup, Vice Mayor Schleicher, and Mayor Masiarczyk Ordinance No. 16-2015 was adopted at 7:34 p.m. D. Public Hearing - Top Shelf Center Final Plat (FP15-002) - Chris Bowley, Planning and Development Services Department (386) 878-8602. Mr. Bowley stated back in 2008 the applicant came through for development on one (1) unified lot and created the Top Shelf Car Wash on one side and the stormwater pond in the back. There was a vacant tract left for open space and future development. This officially subdivides the property via a plat, creating two (2) lots with the master stormwater pond to serve both Lots 1 and 2. The car wash is on Lot 1 and the proposed Honest-1 Auto Care will be on Lot 2. Commissioner Nabicht asked if the two lots would be able to share the stormwater pond and that the property was not going to have a St. Johns issue and Mr. Bowley replied correct, according to the engineer of record, Honest-1 Auto Care’s engineer of record who is processing the permit modification for the existing permit with St. Johns, it will be no problem for their rates and flows and volume. Commissioner Nabicht asked if there were any issues with scrub jays and Mr. Bowley replied correct, there was a biological report which stated there were no scrub jay issues and the gopher tortoise report has to be updated within 90 days of the date the permit is pulled. Mayor Masiarczyk opened and closed the public hearing as there were no public comments. Motion by Vice Mayor Schleicher, seconded by Commissioner Honaker, to approve the Top Shelf Center Final Plat (FP15-002). The motion carried by the following vote: For: 7 - Commissioner Herzberg, Commissioner Honaker, Commissioner Nabicht, Commissioner Smith, Commissioner Soukup, Vice Mayor Schleicher, and Mayor Masiarczyk 10. OLD BUSINESS: None. 11. NEW BUSINESS: None. City of Deltona Page 8 Printed on 12/3/2015 City Commission Minutes September 9, 2015 12. CITY ATTORNEY COMMENTS: None. 13. CITY MANAGER COMMENTS: None. 14. CITY COMMISSION COMMENTS: a) Commissioner Soukup stated the community lost a great man this week, Dr. Denoff, an Orthopedic Surgeon who lived in DeLand and his practice is in Orange City but, for years as an athletic director if he had a young man or young woman who could not afford surgery he would do it free of charge, never charge the parents any money and he would do that for every high school in west Volusia. He passed away this week with cancer, great man, hate to lose him and he leaves a legacy behind. He stated he attended the Deltona High football game, received tremendous feedback from students and staff, he saw plenty of the t-shirts the following week and the t-shirts were worn at a 5K on Stone Island the following day. He stated the reason for distributing the t -shirts was successful and he looks forward to doing it again. b) Commissioner Herzberg asked if any legislative priorities are being worked on for the October 16th Legislative Delegation and the Ms. Shang replied staff is still working on it . She stated on Saturday at 10:00 a.m. at the library Florida Hospital is doing their heart caring event around the County and at different hospital areas. Last year there was a great turnout and she encouraged everyone to attend for free screenings among other things and she will be there at 10:00 a.m. to provide the opening remarks. c) Commissioner Honaker stated his District #1 Quarterly Meeting is Saturday at 2:00 p.m. at Harris Saxon Park, he encouraged everyone to attend the BCU soccer game, the Festival of Nations will be held on Saturday, September 19th at Dewey O. Boster Sports Complex from Noon to 6:00 p.m., on September 30th at 7:30 a.m. the Walmart’s grand opening and that evening from 4:30 p.m. to 7:30 p.m. is the Florida Hospital Deltona Healthcare Center’s grand opening and tour of the facility, he encouraged everyone to be a part of the October 17th Strategic Planning Workshop from 9:00 a.m. to Noon, he encourage any nonprofit organizations to contact the City Manager regarding the upcoming social services summit, and he was reading an article “the wealth of nations depends on the health of families” and the three (3) pillars of a community are family, church and school and he again encouraged everyone to attend the visioning sessions to let their needs be heard. d) Vice Mayor Schleicher stated to start the week at Dewey O. Boster Sports Complex on Sunday with the Wildcats and finish the week at Dewey O. Boster Sports Complex with the Festival of Nations. She congratulated all the graduates at the military base at Fort Benning, Georgia and all the military people who graduated from their local places . She stated to always remember 911. Commissioner Honaker stated that volunteers are needed for the Affordable Housing City of Deltona Page 9 Printed on 12/3/2015 City Commission Minutes September 9, 2015 Advisory Committee (AHAC) and he encouraged anyone who was interested to apply. e) Commissioner Nabicht stated he was on vacation when the Commission had the last workshop, he and former City employee Jim Koczan had the opportunity while in Pensacola to look at Eglin Air Force Base which has a memorial wall to all of the fallen military personnel from the State of Florida and he thanked Mrs. Jackson for placing the information on the City’s Facebook page. The wall is the first of its kind for any State and he highlighted the three (3) fallen military from Deltona. He stated so often the business community comes in and makes requests of the Commission and Mr. Larry Kent, business owner, has stepped up to the plate with some of his electronics, when he owned the Burger King he put a fantastic sign on Elkcam Blvd. that publicized a lot of events and now he has a great sign on Deltona Blvd. at Justin Square. It is another example of a business owner reinvesting back in the community and he wanted to recognize Mr. Kent for that. He stated he was not present for the Waste Pro conversation, the City is still having problems, as late as this week he received a couple of phone calls that yard trash was not picked up on Monday which was a holiday but, Waste Pro was working and he shared the information with the staff who handled the issues. He stated he is going to go along with the effort that the Commission came to an agreement on, he wants to go on the record though that he does not think it will fix the problem but, the City will give it a try. He still wants to try to move in the direction of unlimited yard waste pick-up, whether it is a function of Waste Pro or it becomes a function of the City or whether it is put out to another company. He does not get the idea that he will have to contact Waste Pro to let them know he has more than the allotment that is supposed to be set out for pick-up and then Waste Pro is going to charge him to pick up the extra. He stated if Waste Pro is going to charge him the extra, then the other 50 times of the year he is going to send Waste Pro a bill to refund him a portion that is unused. f) Commissioner Smith thanked Commissioner Soukup for the idea of distributing the t-shirts at the Deltona High School football game, there was a lot of good feedback and she hoped the Commission can attend more games. The Commission received the City Manager’s performance evaluation and she shared a concern with the City Attorney, there is a place on the bottom to place a check mark if the Commissioner chooses to have an in-person interview “in lieu of” a written evaluation. She feels it is the Commission’s responsibility for each Commissioner to fill out the evaluation and make it part of the public record. She reviewed the Commission’s operating procedures which states this is a collaborative effort of the entire Commission. She stated some Commissioners chose not to participate in the evaluation process in the past, the evaluation is part of the Commission’s job, this is full transparency and by checking the box that is not the way the Commission should be acting as Commissioners. Mayor Masiarczyk agreed with Commissioner Smith but, as he understands it, the Commissioner must choose a numerical grade and can discuss the particulars with the City Manager. Commissioner Smith stated the evaluation says “should” complete and not “must” complete. Mrs. Vose stated she is aware historically some people have not done it and to her City of Deltona Page 10 Printed on 12/3/2015 City Commission Minutes September 9, 2015 knowledge there has never been any consequences to it, there are some things under State law that the Commission is absolutely required to do and if it is not done she will hound the Commissioners until it is done, however, this is not one of them. She stated the Commission itself can call out if someone does not do it and Commissioner Smith replied she will call out any Commissioner that does not fill out the evaluation, it is part of the responsibility as Commissioners. Mayor Masiarczyk stated he was under the impression that the Commission agreed it would fill it out, provide a numerical grade and if the Commissioner chose not to fill out the narrative the Commissioner could have a discussion with the City Manager regarding individual items. He found it very disturbing in the past when certain Commissioners would not even give the courtesy of filling out the form, it is unfair to the City Manager to not have any idea where she stands but, he feels it is up to each Commissioner and he gets more accomplished in a face to face meeting. Mayor Masiarczyk spoke briefly about the t-shirts that were thrown out at the Deltona High football game. He stated it is indicative of the Fire Chief to take the time to resurrect the 911 ceremony, he is glad it is being done, it was missing and the Veterans group did not feel that it was something they should do because it was so closely tied with the fire department and if Fire Chief Rhame needs any support to let him know. He encouraged Fire Chief Rhame to distribute the event information to all media sources. He encouraged everyone to attend Sunday’s BCU soccer game, to have Dr. Edison show up is a big deal as well as playing an out of State team and it gets the City’s name out there. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 7:49 p.m. ______________________________ John Masiarczyk Sr., Mayor ATTEST: ______________________________ Joyce Raftery, CMC, City Clerk City of Deltona Page 11 Printed on 12/3/2015

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor John C. Masiarczyk Sr. Vice Mayor Nancy Schleicher Commissioner Heidi Herzberg Commissioner Gary Mitch Honaker Commissioner Chris Nabicht Commissioner Diane J. Smith Commissioner Brian Soukup Wednesday, September 9, 2015 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Smith - Tawny Rogers, Pine Ridge Fellowship Church. Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of Minutes - Regular Commission Meeting of August 17, 2015 - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: August 17, 2015 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: 6. CITY COMMISSION SPECIAL REPORTS: 7. PUBLIC FORUM: Citizen comments limited to items not on the agenda and comments on items on the agenda will take place after discussion of each item. (4 minute maximum length per speaker) City of Deltona Page 1 Printed on 3/11/2016 City Commission Regular Commission Meeting September 9, 2015 CONSENT AGENDA: All items marked with an * will be considered by one motion unless removed from the Consent Agenda by a member of the City Commission. If an item is removed for clarification only, it will be discussed immediately following action on the Consent Agenda. If an item is removed for further discussion, it will be discussed under New Business immediately following the last listed item. 8. CONSENT AGENDA: 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 14-2015, Amending the Deltona Welcome Center Business Planned Unit Development (BPUD), at first reading - Chris Bowley, Planning & Development Services Department, (386) 878-8602. Background: The proposed amendment is considered a major amendment to the existing Deltona Welcome Center BPUD (BPUD). The Welcome Center BPUD consists of five lots, an access road and drainage retention. This proposed rezoning request is only to amend the existing BPUD Development Agreement (DA) to allow for more than one gas station/convenience store within the BPUD (one currently exists) and to allow right-in and right-out access on both DeBary Ave. and Deltona Blvd. for a proposed Racetrac facility on lots two and three. The BPUD was approved in the early 2000’s and the approved development standards for the BPUD include typical requirements that manage use, intensity, access management, etc. that are listed in the DA. Within the original DA, access to nearby roads was controlled by a 1-ft. non-vehicular easement along the frontage of both Deltona Blvd. and DeBary Ave., with the only access potential for lots two and three onto Welcome Center Drive. To facilitate direct access to major thoroughfares, which is needed for this type of facility, the applicant is proposing to amend the DA for access on to both Deltona Blvd. and DeBary Ave. Deltona Blvd. is a City facility and DeBary Ave. is a County roadway. On August 19, 2015, the Planning and Zoning Board heard this rezoning request. The Board recommended the City Commission approve the requested BPUD amendment to allow more than one gas station/convenience store within the BPUD. The Board also cited traffic concerns for access management due to existing traffic conditions and recommended that there be no access allowed onto DeBary Ave. and a right-in access only off of Deltona Blvd. Of note, the subject site is within the proposed Community Redevelopment Area (CRA) and the Enterprise Overlay Zone. The proposed City of Deltona Page 2 Printed on 3/11/2016 City Commission Regular Commission Meeting September 9, 2015 amendments to the existing DA do not amend the previously approved standards, circa early 2000s, and the Master Development Plan should comport to the existing DA with the proposed exceptions of the change in use to allow more than one service station and to allow for greater access potential to lots two and three. Finally, a member of the public attended the Planning and Zoning Board meeting and submitted the attached petition in opposition to the zoning action. None of the signatures on the petition have been verified. Attachments: Draft Staff Report RZ15-003 Racetrac welcome center-8-27-15 Aerial Flood FLU Location Zoning Traffic Impact Analysis DL Amended Ord 14-2015 8-27-15 Petition B. Public Hearing - Ordinance No. 15-2015, Rezoning ±9.28 acres located within the Deltona Activity Center from R-1AA to Mixed Use Planned Unit Development (MPUD), at first reading - Chris Bowley, Planning and Development Services Department (386) 878-8602. Background: The property is within the Deltona Activity Center and, consistent with the City’s Comprehensive Plan, development within the Activity Center is required to be processed as a Planned Unit Development (PUD). The project consists of a mixture of uses, a proposed assisted living facility on ±5.4-acres, and a self-storage mini-warehouse on ±3.8-acres that will comprise the MPUD. The MPUD is associated with a Development Agreement (DA) that includes proposed land uses, lot locations, dimensional requirements; infrastructure, aesthetics, etc. (see attached DA with recommended changes). On August 19, 2015, the Planning and Zoning Board heard the MPUD rezoning request. At the hearing, staff informed the applicant that there were outstanding issues with the terms of the DA in specific areas. The areas include a maximum 35% lot coverage requirement for each lot within the project; a maximum 70% impervious surface ratio (ISR) for each lot within the MPUD; and suggested side yard setbacks. The building lot coverage and impervious surface ratios were addressed. The side yard setback City of Deltona Page 3 Printed on 3/11/2016 City Commission Regular Commission Meeting September 9, 2015 centers on the proposed interior lot line to create two lots; use the proposed ISR ratio; and provide a zero-ft. side-yard setback. The Code requires a 10-ft. setback on each created lot for the proposed ISR, which coincides with the landscape buffer width. The applicant will have the option to either keep the MPUD project as a unified single lot or, where two lots are created, provide for the Code required setback and buffer from the interior lot line between the two lots. Attachments: goldchoicestaffrepprtaug3 Aerial Flood FLU Location Proposed Zoning Zoning goldchoiceron0825 Ord 15-2015 Gold Choice Master Development Plan rcvd 8.14.15 C. Public Hearing - Ordinance No. 16-2015, Amending Section 110-311(a) of the RM-2, Multiple Family Residential Dwelling, zoning classification, at first reading - Chris Bowley, Planning and Development Services Department (386) 878-8602. Background: City staff noticed an inconsistency between the density ranges for multi-family development listed within the City’s Future Land Use Element and the City’s Land Development Code (Code). This equated to two scrivener’s errors in the RM-2 zoning district text, as related to the RM-2 zoning designation. The listed density range allows for 12-20 units per acre that is consistent with the High Density Residential land use category. However, the existing zoning language of Section 110-311(a) calls for the RM-2 to be consistent with the Medium Density Residential land use category, which only allows for 6-12 units per acre. Changing the land use text from Medium Density Residential to High Density Residential would correct that issue, so that the density ranges are listed in both documents consistently. The second issue is the tense of the introduction, where it is written as past-tense, instead of present tense (i.e. changing “purposed” to “purpose” will correct this issue). Attachments: Staff Report Ordinance No. 01-2015-8-27-15 Ordinance No 16-2015 8-27-15 D. Public Hearing - Top Shelf Center Final Plat (FP15-002) - Chris Bowley, City of Deltona Page 4 Printed on 3/11/2016 City Commission Regular Commission Meeting September 9, 2015 Planning and Development Services Department (386) 878-8602. Background: The parent tract of the current Top Shelf Center includes a car wash facility, a stormwater pond, and open-space. The applicant for Final Plat (FP15-002) desires to subdivide the parent tract to create a second lot, Lot 2, for a ±5,000 SF Honest One Auto Care facility, the existing car wash on a newly created Lot 1, and a master stormwater pond on a newly created Tract A. The proposed development would include a single shared driveway from Howland Boulevard, utilizing the existing driveway, which has to permitted through Volusia County for the Use Permit. The proposed utility expansion is also the domain of Volusia County, as the site is within the Deltona North system. The proposed development will also utilize a shared master stormwater pond that shall be permitted through the St. Johns River Water Management District (District). Finally, the proposed development shall meet all of the requirements of the City’s Land Development Code to achieve a Development Order for the Final Site Plan and City subdivision regulations for Final Plat approval. Following DRC, the Final Plat shall be scheduled for a City Commission public hearing for approval and all bonding, fees, title documentation, etc. shall be in order to proceed towards recordation of the Final Plat at the Volusia County Clerk of the Court. In addition, please also provide a copy of the Property Owners Agreement to the Public Works Department that includes that the internal private fire hydrant is to be a shared or common utility; coordinate with Duke Energy for any plantings under and near their overhead powerlines for ANSI standards; coordinate with Volusia County Public Works for the Use Permit and utility permits; coordinate with the Volusia County Health Department and with the Volusia County Sheriff Office (VCSO) for public safety. Attachments: Top Shelf DRC Staff Report 072015 Location Aerial FLU Zoning Top Shelf Plat Sheet 1 Top Shelf Plat Sheet 2 Title Opinion 10. OLD BUSINESS: 11. NEW BUSINESS: City of Deltona Page 5 Printed on 3/11/2016 City Commission Regular Commission Meeting September 9, 2015 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 6 Printed on 3/11/2016

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