City Commission
Regular MeetingDeltona, FL · September 9, 2015
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
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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
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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.
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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
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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.
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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.
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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:
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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.
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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
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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
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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
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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)
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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
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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
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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,
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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:
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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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