City Commission
Regular MeetingDeltona, FL · November 2, 2015
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, November 2, 2015 5:30 PM 2nd Floor Conference Room
CITY MANAGER'S AGENDA REVIEW MEETING
1. CALL TO ORDER:
The City Manager Agenda Review Meeting was called to order at 5:30 p.m.
2. ROLL CALL – CITY CLERK:
Present 7 - Commissioner Heidi Herzberg
Commissioner Gary Mitch Honaker
Commissioner Chris Nabicht
Commissioner Diane J. Smith
Commissioner Brian Soukup
Vice Mayor Nancy Schleicher
Mayor John C. Masiarczyk Sr.
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk asked everyone to please stand for silent invocation and the Pledge to
the Flag.
4. PUBLIC FORUM: - Citizen comments limited to items not on the agenda and
comments on items listed on the agenda will take place after discussion of each item.
5. CONSENT AGENDA:
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 17-2015, adopting a Temporary Moratorium
on the Processing of Applications Proposing to Use a Package Plant, at
second and final reading. Chris Bowley, AICP, Planning and Development
Services Department - (386) 878-8602.
Ms. Shang stated the first item is the second and final reading on the temporary moratorium
on package plants and there were no questions or comments.
B. Public Hearing - Ordinance No. 28-2015, Rezoning of Property from PB
(Professional Business) to C-1 (Retail Commercial), at first reading - Chris
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Bowley, AICP, Director, Planning and Development Services.
Ms. Shang stated the next item will be a request for a rezoning of property on Howland
Boulevard to commercial.
Mayor Masiarczyk stated he would need the City Attorney's advice on whether he should
vote because if it passes it would have an effect on property he owns across the street. Mrs.
Vose responded that Mayor Masiarczyk would have to make the decision in his own mind
on whether this passing would have a financial effect on his property. Mayor Masiarczyk
stated it would not have any more effect than any other property along that area unless his
property was the only property left. Mrs. Vose stated it was up to Mayor Masiarczyk but that
is the standard. Mayor Masiarczyk stated he did not see any reason for that property not to
go commercial unless there was something staff said and Planning & Zoning (P&Z) voted
two (2) to two (2) because there wasn't a full board.
Commissioner Soukup asked why P&Z voted two (2) to two (2) and Ms. Shang replied
there were only four (4) board members present. She added their concern was about the
buffer zone and whether the City wanted to open that property up to commercial because
you could have restaurants with late night activity as opposed to a professional building
where you would have 8:00 a.m. - 5:00 p.m.
Mayor Masiarczyk stated he had a call from someone with concerns about a bar or strip
club going in and those were concerns of the two (2) that voted against the rezoning and he
couldn't see why we wouldn't have commercial on one (1) side of the street and not the
other.
Commissioner Honaker disclosed that he spoke with one of the P&Z Board Members
about what conversation led up to the two (2) to two (2) vote. He stated he differed with
Mayor Masiarczyk's opinion as it is plus or minus 2 acres and what is being looked for on
Howland are businesses that would match what is being put there such as the
Senior/Community Center and once we get the center in and maybe Halifax and others you
could have geriatric offices or doctors' offices. He stated the City is opening it up to where
the City cannot say "no".
Commissioner Nabicht commented it is not known what the applicant is doing; the
applicant may be wanting to combine lots and there are any number of things that could be
running in the background. He added obviously if the applicant is going through the process
the applicant has a perspective of something going there and any commercial going in
there is a step in the right direction.
C. Public Hearing - Resolution No. 2015-38, Extending the Pilot Trap, Neuter,
Release Program - Dale Baker, Deputy City Manager (386) 878-8852.
Ms. Shang stated the next item is on the Trap, Neuter, Release Program (TNR) and there
were no questions.
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Mrs. Vose stated there will be a revised resolution because there were two (2) typos. Ms.
Shang stated it will just be read into the record with corrections. Mrs. Vose stated the
resolution was presented to the City Commission as it would be for a three (3) year term but
when it was first drafted it was drafted for a one (1) year term so in some places it says
three (3) and some places it says one (1).
D. Public Hearing - Resolution No. 2015-39, Request for a Granny Flat to be
located at 925 Dandridge Drive - Chris Bowley, AICP, Planning and
Development Services (386) 878-8602.
Ms. Shang stated next there is a Public Hearing on a request for a Granny Flat and there
were no questions or comments.
7. OLD BUSINESS:
A. Presentation of the Thornby garden development project and approval of
survey cost- Vice Mayor Schleicher, (386) 878-8860.
Ms. Shang stated the Thornby Park presentation is being pulled as there are a few more
questions that need answers.
8. NEW BUSINESS:
Mayor Masiarczyk brought up that after he left the Pine Ridge High School on Friday he
went by Deltona High School but the traffic and parking were hectic so he went home. He
stated he watched the game on Bright House Networks and he was amazed at the quality
and the professionalism; it was like watching a professional football game, the game was
called well, there were no commercials and it highlighted Deltona. He asked to have a letter
drafted to send to Bright House Networks to let Bright House Networks know how great it
was and maybe it will encourage more people to watch that channel.
The Commission concurred to send a letter.
Ms. Shang stated she will have comments under City Manager Comments in regards to the
Casey property.
Commissioner Honaker stated he will be giving a report from an advanced course for
elected municipal officials he attended.
9. ADJOURNMENT:
There being no other business the meeting adjourned at 5:39 p.m.
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________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
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
Monday, November 2, 2015 5:30 PM 2nd Floor Conference Room
CITY MANAGER'S AGENDA REVIEW MEETING
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
4. PUBLIC FORUM: - Citizen comments limited to items not on the agenda and
comments on items listed on the agenda will take place after discussion of each
item.
Citizen comments for any items. (4 minute maximum length per speaker)
5. CONSENT AGENDA:
6. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 17-2015, adopting a Temporary Moratorium on the
Processing of Applications Proposing to Use a Package Plant, at second and final
reading. Chris Bowley, AICP, Planning and Development Services Department - (386)
878-8602.
Background: The City of Deltona has provisions in the City’s Comprehensive Plan
and Land Development Code (LDC) that allow for the use of a
private package plant within certain parameters or conditions to
utilize on-site wastewater treatment. These are antiquated
regulations, as the City has made major capital investments to
advance the City from a series of scattered residential lots utilizing
on-site septic systems to central sanitary sewer facilities. Examples
of these efforts include the extension of force-mains within the SR
415 and Howland Boulevard rights-of-way (ROW) , taking private
lift-stations off-line and connecting them to central facilities,
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construction of a $25-million± Eastern Wastewater Treatment Plant,
providing additional capacity to the existing Fisher Wastewater
Treatment Plant, extending reuse lines within the Doyle Road ROW,
constructing a reuse storage tank and rapid-infiltration basins, adding
a regional pump station, upgrading existing force-mains, and
designing for commercial sewer service near Saxon Blvd.
As the City increases its population, prepares for additional growth,
and becomes more urban, the provision for central utility services is
more paramount to protect the health, safety, and welfare of its
residents. Part of the City’s efforts is to direct development towards
central public facilities and to accommodate retrofit of existing
development towards that end.
To best process updates to the City’s Comprehensive Plan and LDC,
Ordinance No. 17-2015 is created to provide up to a twelve (12)
month moratorium to allow the City to analyze its current regulations
towards private package facilities, to process applications to amend
its current regulations, and to adopt new provisions that are
consistent with its efforts towards capital projects of central sanitary
sewage facilities. Finally, the City Commission voted unanimously to
approve Ordinance No. 17-2015 at its October 5, 2015, public
hearing.
B. Public Hearing - Ordinance No. 28-2015, Rezoning of Property from PB (Professional
Business) to C-1 (Retail Commercial), at first reading - Chris Bowley, AICP, Director,
Planning and Development Services.
Background: The proposed rezoning includes two contiguous parcels totaling
±2-acres in common ownership; from PB to C-1. The subject
property was rezoned to PB with the intent in the past as a transition
between Howland Blvd. and single family residential homes to the
north of the subject site. The permitted uses in the PB are typically
lower in intensity than commercial land uses; however, this concept
never led to development of the parcels. The requested C-1 zoning
allows a much wider range of commercial uses when compared to
the PB zoning.
Commercially zoned tracts in close proximity to the subject site have
been developed with the Dunkin Donuts, Family Dollar, Top Shelf
Car Wash, and Racetrac, and there appears to be demand for
similar development in the area. Therefore, rezoning the property to
C-1 would be consistent with City Comprehensive Plan and
economic development goals for the area. In addition, there is
adequate infrastructure, including traffic capacity to support a more
intensive development pattern along the Howland Blvd. corridor.
As provided in the Land Development Code, the adjacent residential
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uses will be separated from commercial development by buffers,
setbacks and other compatibility oriented provisions. Given the
platting pattern of low density residential homes in close proximity to
commercial development and arterial roadways, this land use
scenario is found throughout the City.
On October 21, 2015, the City Planning and Zoning Board heard the
ordinance. Four of the seven Board members were present,
establishing a quorum, and voted 2-2 on a motion to recommend
approval the ordinance by the City Commission. The motion failed,
due to a lack of a majority vote.
C. Public Hearing - Resolution No. 2015-38, Extending the Pilot Trap, Neuter, Release
Program - Dale Baker, Deputy City Manager (386) 878-8852.
Background: On November 3, 2014 the City Commission of the City of Deltona
authorized a Pilot Trap, Neuter and Release (TNR) program to
address concerns about feral cats in Deltona.
Ordinance No. 31-2014 authorizes the pilot TNR program and the
City Manager was directed to report the results of the program to the
Commission after the program had been fully operational for one (1)
year.
D. Public Hearing - Resolution No. 2015-39, Request for a Granny Flat to be located at 925
Dandridge Drive - Chris Bowley, AICP, Planning and Development Services (386)
878-8602.
Background: The proposal is to construct a stand-alone ±915 SF granny flat for
family members at the above referenced address and the living area
of the granny flat will not exceed 822 SF, with the remainder of the
granny flat to be used for storage and non-livable area. The property
is currently developed with a single-family home (±2,350 SF) on a
large corner lot of ±0.34 acres. Also, Land Development Code Sec.
110-817(g) provides criteria to help determine if a proposed granny
flat is appropriate at this location. The criteria and analysis is
provided as follows:
1) Minimum Lot area required: 7,500 SF. The lot proposed for the
granny flat is an oversized lot for the Deltona Lakes Plat at ±
15,000 SF.
2) Be used to house immediate family members or domestic
help/caregivers. The granny flat is to be used as a home for an
immediate family member. Limiting the use of this facility for a
family member is consistent with this provision and will be done
through a declaration of agreement.
3) Shall contain a minimum of 400 SF of living area, but shall not be
greater than 35% of the gross floor area of the principal dwelling
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unit. The proposed granny flat is ±915 SF, which is above the
400 SF minimum size; and meets this criteria. This provision will
be implemented during the building permit process.
4) Shall have all utility services provided by a common meter with
the principal dwelling. The intent of this provision is to ensure
that the granny flat is maintained as a secondary use and will
only be used for immediate family members, as is going to be
pledged by the applicant.
5) Shall not have a separate driveway. The proposed use will not
have a separate driveway. As with the utility service provision,
this criterion is intended to maintain the proposed granny flat as
supplemental to the principal dwelling unit.
6) Shall not be assigned a separate address. As with other criteria,
this section will further the goal of the proposed granny flat being
a secondary use on the property. The flat will not be given a
separate address, as the Planning Department is responsible for
addressing of property and a notation will be made for this and
other proposed granny flats to keep the parent parcel address.
7) All granny flats approved will be subject to a declaration of use
agreement between the owner and City stipulating, at a minimum,
the nature of the occupancy and granting the City the right to
inspect the premises in a reasonable manner. The applicant has
agreed to this condition. If the Conditional Use is approved, the
City and applicant will enter into a declaration of use agreement.
A portion of the 925 Dandridge Dr. site is included within the
100-year floodplain. Initially, the flat was proposed to be located
within the floodplain area of the property and has been relocated in
design to be completed located outside of it. Finally, on October 21,
2015, the Planning and Zoning Board heard the Conditional Use
request and voted unanimously to recommend that the City
Commission approve the subject granny flat Conditional Use
application.
7. OLD BUSINESS:
A. Presentation of the Thornby garden development project and approval of survey cost-
Vice Mayor Schleicher, (386) 878-8860.
Background: At the Regular City Commission Meeting held on May 4, 2015, Vice
Mayor Nancy Schleicher informed the Commission with regards to
the Deltona garden development project all the guidelines will be met
for the historical educational recreational and environmental
(H.E.R.E.) parameters.
At the October 12, 2015 Commission Workshop, the Commission
approved support for the entire project, including the projected costs
for all three venues (Natural Gardens, Children’s Garden, Fort
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Kingsbury replica). The Commission also directed staff to obtain
information regarding the cost for an updated land survey for the
Thornby Property.
An inquiry if existing information on file (topographic map overlays)
would suffice in lieu of the survey has been sent to the St. Johns
River Water Management District.
Pending a response from the SJRWMD-and as an unbudgeted
expenditure-upon approval to update the land survey, a budget
amendment in the amount of $3,500 for the General Fund fund
balance to the Parks Projects Fund will be needed.
8. NEW BUSINESS:
9. 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.
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