City Commission
Regular MeetingDeltona, FL · May 7, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, May 7, 2018 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
Mayor Masiarczyk called the meeting to order at 5:50 p.m.
2. ROLL CALL – CITY CLERK:
Present: 8 - Commissioner Bradford
Commissioner Honaker
Commissioner McFall
Commissioner Nabicht
Commissioner Ramos
Vice Mayor Herzberg
Mayor Masiarczyk
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
Mayor Masiarczyk led the Pledge to the Flag. He welcomed Commissioner McFall and
went over the purpose of the City Manager's Agenda Review Meeting.
A. Invocation Presented by Commissioner Nabicht.
Mayor Masiarczyk asked Commissioner Nabicht if he was ready to do the invocation and
Commissioner Nabicht responded the invocation will be silent.
4. APPROVAL OF MINUTES & AGENDA:
There were no questions or comments on this item.
A. Approval of minutes - Regular Commission Meeting of April 16, 2018 and
the Special Commission Meeting of April 30, 2018, as presented. - Joyce
Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for April 2018
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B. Proclamation - Teachers Appreciation Week
Mayor Masiarczyk asked Commissioner Ramos if he would read the Teachers
Appreciation Week proclamation and Commissioner Ramos responder that he would.
C. Proclamation - “NALC ‘Stamp Out Hunger’ National Food Drive Day”.
Mayor Masiarczyk asked if Commissioner Honaker wanted to do the NALC Stamp Out
Hunger proclamation. Vice Mayor Herzberg suggested Commissioner Honaker would want
to do the recognition of Olivia Russo-Hood and that she will read the NALC proclamation.
D. Recognition - Olivia Russo-Hood for receiving the 23rd annual Prudential
Spirit of Community Award
E. Community Development Analysis of Impediments Summary- Chris
Bowley, AICP, Director, Planning and Development Services, (386)
878-8602.
Strategic Goal: Fiscal Issues - Other grants as approved by the City
Commission.
Mayor Masiarczyk asked Mr. Bowley if this would be a presentation and Mr. Bowley
responded "yes" but it would be very short.
F. Presentation - Quarterly Reports of City Advisory Boards/Committees -
Joyce Raftery, City Clerk (386) 878-8502.
Mayor Masiarczyk stated the Quarterly Reports are all written with the exception of Team
Volusia who will have a power point presentation. City Manager Shang responded that this
report would also be written, no one will be attending and and that the power point is
included in the packet.
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Masiarczyk asked if anyone would have any special reports and Commissioner
Nabicht responded by asking Mayor Masiarczyk if he was going to speak about the 1/2
cent sales tax. Mayor Masiarczyk stated there is another meeting Monday at noon so he will
just let it ride until later.
Commissioner stated he will just be bringing up the Tell the Transportation Planning
Organization (TPO) Survey.
Commissioner Bradford stated everything she wanted to bring up can be brought up at the
end under Commission Comments.
There were no other comments.
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7. PUBLIC FORUM: - Citizen comments are limited to issues and concerns not on
the agenda and comments on items listed on the agenda will take place after
discussion of each item.
CONSENT AGENDA: The consent agenda contains items that have been determined
to be routine and non-controversial. If anyone in the audience wishes to address a
particular item on the consent agenda, now is the opportunity for you to do so.
Additionally, if staff or members of the City Commission wish to speak on a consent
item, they have the same opportunity.
8. CONSENT AGENDA:
A. Request for approval of appointment of one (1) member to fill the 5th
position of the Firefighters’ Pension Plan, Board of Trustees.
Mayor Masiarczyk explained that the appointment of Mr. Doug Watler to be the fifth member
to the Firefighters' Pension Board of Trustees is done by the trustees and the Commission
ratifys the appointment.
City Manager Shang passed out an email with Mr. Watler's credentials.
Mayor Masiarczyk suggested the Commissioners could read over the email before the
meeting.
There were no other comments.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 03-2018, Rezoning a ±3.5 Acre Tract from
Professional Business (PB) to C-1 (Retail Commercial), at second and final
reading - Ron A. Paradise, Assistant Director, Planning and Development
Services, (386) 878-8610.
Strategic Goal: Economic Development - Focus on Howland Blvd. as the
gateway for commercial growth.
Mayor Masiarczyk asked if there were any questions or comments on Ordinance 03-2018 a
rezoning. Mr. Paradise responded he would be asking that this item be tabled to time
certain of May 21, 2018 due to lack of due notice.
B. Public Hearing - Ordinance No. 04-2018, Amending the Land Development
Code for Brewpub/microbreweries, Microwineries and craft distilleries, at
second and final reading - Ron A. Paradise, Assistant Director, Planning
and Development Services, (386) 878-8610.
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Strategic Goal: Economic Development - Work with existing business to
expand/grow.
Mayor Masiarczyk stated the next item is Ordinance 04-2018 regarding brew/pubs for
second and final reading.
Mr. Paradise commented nothing has changed.
Comissioner Honaker commented that under the comments on the agenda it showed the
vote was 6 to 0 at first reading but the vote was actually 5 to 1 with him voting against. He
added the minutes had the vote correct.
Mayor Masiarczyk stated he will make that comment at the meeting.
C. Public Hearing - Resolution No. 2018-20, Conditional Use Application for a
Community Residential Home at 502 Galloway Ave. - Ron A. Paradise,
Assistant Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Mayor Masiarczyk stated the next item is a Public Hearing for a Conditional Use
Application for a Community Residential Home on 502 Galloway Avenue. He commented
that the City had changed the ordinance to protect the City and what he read in this item
was it was up to six (6) residents with disabilities living in a single family residential home.
He stated the State requirement are so strict that he is not sure how the applicant will be
able to get away with six (6) but it will be inspected; it has to go through this approval
process first and then it will go through the State.
Commissioner Bradford asked if it would require an AHCA (Agency for Health Care
Administration) license and Commissioner Nabicht responded "yes".
Mayor Masiarczyk commented when the application deals with handicapped people the
regulation is much tighter.
Commissioner Bradford asked about parking requirements and City Attorney
Segal-George responded this is a Conditional Use Application. Mayor Masiarczyk
commented the applicant does not have to have add parking and he asked Mr. Paradise to
confirm that. Mr. Paradise resonded that is correct and he reminded the Commission this
will require a super majority of five (5) votes to approve.
Mayor Masiarczyk asked to clarify that there are definate reasons and City Attorney
Segal-George responded this is a Conditiona Use Application and there is a Staff Report
that has a list. Mr. Paradise stated the conditions are listed and he will be rearing the
conditions into the record.
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There were no other questions or comments.
D. Public Hearing - Ordinance No. 13-2018, Amending the Firefighters’
Pension Plan to reflect language agreed to in the 2016 Collective
Bargaining Agreement, provide clarifying language for eligibility for
disability benefits and moving language to a more appropriate section of
the plan, at first reading and schedule second and final reading for May 21,
2018. - City Attorney (386) 878-8872.
Strategic Goal: Internal & External Communication - Improve
Intergovernmental Coordination.
Mayor Masiarczyk stated this is the Firefighters' Pension Plan ans this was a Scribners
error as well as some errors in the document.
City Manager Shang explained Scribners error that refers to the 2016 Firefighters'
Clooective Bargaining Agreement and the year should be 2015.
Commissioner Nabicht stated for clarification he has spoken with City Attorney
Segal-George about this item and he does not have a conflict so he will be voting.
There were no other questions or comments.
E. Public Hearing - Ordinance No. 11-2018, amending Chapter 96 -
Improvements, Article II - Design and Construction Standards of
Improvements, Sections 96-34 related to sewer connection, providing
voluntary connection to sewer facilities for existing residential customers,
at first reading and to schedule second and final reading for May 21, 2018. -
City Attorney, (386) 878-8872.
Strategic Goal: Infrastructure - Include requirements for utilities when
reviewing site plans for permitting.
Mayor Masiarczyk stated this ordinance has to do with the sewer connections and there
should not be any objections because this is exactly what the people wanted and even if the
State does something about connecting to sewer it will not be automatic. He stated it
should put this issue to bed and he thanked City Attorney Segal-George for a good job. City
Attorney Segal-George responded that Mr. Bowley and Mr. Doan helped her with the
language.
There were no other comments.
10. OLD BUSINESS:
A. Discussion and action regarding solid waste collection services - Dale
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Baker, Deputy City Manager (386) 878-8852.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program
Mayor Masiarczyk stated when we get to the meeting staff has put together a list based on
all of the Commission'a conversations regarding the deliverables so if you have not read
through the deliverables, please do so. He stated we will not be debating the deliverables
all night long, the Commission will be just voting each deliverable up or down. He stated the
second question will be does the City want to negotiate once the deliverables are set or
does the City want to go out to RFP (Request for Proposal). He stated the deliverables are
the key.
Commissioner Nabicht asked to clarify that Mayor Masiarczyk was going to go through
each of these items again. Mayor Masiarczyk responded we are not going to debate them
we are just going to go down the line unless there is one someone wants to bring up.
Commissioner Nabicht responded the only on who should have any questions is
Commissioner McFall.
City Attorney Segal George stated there are issues that we need to know for clarification.
City Manager Shang responded that maybe the question is if this is a consensus.
Commissioner Nabicht commented if this is the list that came from the meeting where the
Commission hashed all this out. Mayor Masiarczyk responded if the Commission is good
with the list then the Commissission can go right to that section at the end. He stated he did
have a question regarding unlumited pick-up and Mr. Redman's estimate and City Attorne
Segal-George had a couple of questions.
City Attorney Segal-George stated the problem we have is we do not want to go through the
contract again but we need terms to place in the contract. Mayor Masiarczyk responded
that City Attorney Segal-George can bring up the things she wants at the end.
Commissioner McFall asked if there was a Scribners error on Page 2 at the top. City
Manager Shang responded "yes" it should be year rather than month.
Mayor Masiarczyk asked if there were any other questions and City Manager Shange
stated her suggestion is to just ask the three (3) questions if everything else agreed upon.
Commissioner Bradford stated neither she nor Commissioner McFall were at that meeting
so to say this is how it is it is not fair. Mayor Masiarczyk responded if you have serious
concerns about the list of deliverables you can just bring it up and say what you want to say
because if we open it up to changes we wil be here all night.
City Attorney Segal-George stated her plan was the whole section under garbage collection
was to ask three (3) questions.
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Commissioner Nabicht stated it sounds like the Commission is going to go through the
document because Commissioner Bradford has questions and Commissioner Honaker
has questions so rather than bouncing all over the place can the Commission just start with
1 - A and go item by item so if someone has a problem just say it. The Commission
agreed.
Commissioner Nabicht asked to clarify that it is 6:00 a.m. is the correct start time and he
asked if the City could require that time for the rest of the trucks and can that be included in
one (1) or our ordinances. He stated he knew construction work could not start before 7:00
A.M. without a permit. He stated if the City is not going to allow Waste Pro to start before
6:00 a.m. then why can Republic be allowed to be out there at 4:00 a.m. picking up in
commercial areas. Mayor Masiarczyk responded the Commission addressed that before
and it was the City wanted to put a time limit on deliveries that came up. Commissioner
Nabicht stated the City had that in certain places because it was in the Developers
Agreement so it is hit and miss and he gave an example. Mayor Masiarczyk asked if City
Attorney Segal-George could look into it.
Mayor Masiarczyk asked if there were any other comments or questions.
Commissioner Honaker commented about Item 6 on the Agenda, City Commission
Special Reports and Requests not having Discussion Topics. City Manager Shang
responded that was left off inadvertantly.
Vice Mayor Herzberg asked to clarify that the Commission will go down the list starting with
A and if you have a question who can you address the question to and that her questions
are going to be on recycling. Mayor Masiarczyk suggested to address questions to City
Manager Shang and to wait until the Commission Meeting as this is agenda review.
Commissioner McFall asked if Waste Pro would be speaking. City Manager Shang
responded Waste Pro will be at the meeting. Commissioner Nabicht added
representatives from Waste Pro or Republic can speak under Public Forum for four (4)
minutes and that it will not be a presentation.
Vice Mayor Herzberg stated she may have questions on numbers from the current provider
and it was suggested to direct the questions to City Manager Shang and City Manager
Shang can ask the provider.
There were no other questions or comments.
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
None.
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13. CITY MANAGER COMMENTS:
None.
14. CITY COMMISSION COMMENTS:
None.
15. ADJOURNMENT:
Mayor Masiarczyk adjourned the meeting at 5:52 p.m.
____________________________________
Janet Day, DEPUTY CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Agenda
City Commission
Mayor John C. Masiarczyk
Vice Mayor Heidi Herzberg
Commissioner Anita Bradford
Commissioner Gary Mitch Honaker
Commissioner Robert D. McFall
Commissioner Chris Nabicht
Commissioner Victor M. Ramos
Monday, May 7, 2018 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
2. ROLL CALL – CITY CLERK:
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Commissioner Nabicht.
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 April 16, 2018 and the
Special Commission Meeting of April 30, 2018, as presented. - Joyce Raftery,
City Clerk (386) 878-8502.
Background: N/A
Attachments: April 16, 2018 RCM Minutes
April 30, 2018 SCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for April 2018
Background: Super Star Student of the Month Certificates for April 2018.
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1. Deltona Lakes Elementary, Alexa Cutino, 4th grade
2. Discovery Elementary, Noah Reyes, 3rd grade
3. Enterprise Elementary, Mackenzie Viola, 1st grade
4. Forest Lake Elementary, Maria Martinez, 4th grade
5. Friendship Elementary, Charlotte Tainter, 5th grade
6. Pride Elementary, Imani Ihaza, 5th grade
7. Spirit Elementary, Kiana Tiscareno, 4th grade
8. Sunrise Elementary, Eli Kellom, 4th grade
9. Timbercrest Elementary, Rhyana Doliber, 4th grade
10. Volusia Pines Elementary, Kentrell Brooks, 4th grade
11. Deltona Middle, Lorena Zaldivar, 6th grade
12. Galaxy Middle, Brooke Ellis, 6th grade
13. Heritage Middle, Robert Miller, 8th grade
14. Deltona High, Maya Caron, 11th grade
15. Pine Ridge High, Diane Cintron, 12th grade
16. University High, Angel Candelario-Pagan, 10th grade
Attachments: April 2018 Super Star Student Achievements
B. Proclamation - Teachers Appreciation Week
Background: Proclaiming the week of May 7th through May 11th, 2018 as “Teachers
Appreciation Week”, to recognize Volusia County Teachers, supporting
staff, and administrators who help build our future by educating our
children.
Attachments: Teachers Appreciation Week
C. Proclamation - “NALC ‘Stamp Out Hunger’ National Food Drive Day”.
Background: Proclamation to recognize the letter carriers who coordinate and help
execute the Florida Letter Carriers Food Drive each year. The 26th
anniversary of “Stamp Out Hunger” Food Drive will be held Saturday,
May 12th, 2018. This event is the nation’s largest one-day effort to
combat hunger.
Attachments: NALC Stamp Out Hunger 2018
D. Recognition - Olivia Russo-Hood for receiving the 23rd annual Prudential Spirit
of Community Award
Background: Olivia Russo-Hood was named one of the top youth volunteers in
Florida for 2018, in the 23rd annual Prudential Spirit of Community
Awards. This is an extraordinary honor; more than 29,000 young people
across the country participated in this year’s program. Students like
Olivia represent the best of America’s youth, and are role models to
their peers and their communities.
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Olivia, nominated by the Four Townes Family YMCA, a sophomore at
University High School and the founder of “Save the Earth Projects
(STEP)”, led an initiative that has collected about 30,000 pairs of shoes
for people in need and donated thousands of dollars to a variety of
good causes. Olivia’s group has also led and supported initiatives to
raise awareness about nutrition, hunger and global water issues.
Attachments: Olivia Russo-Hood-Prudential Spirit of Community Award
E. Community Development Analysis of Impediments Summary- Chris Bowley,
AICP, Director, Planning and Development Services, (386) 878-8602.
Strategic Goal: Fiscal Issues - Other grants as approved by the City
Commission.
Background: The City of Deltona (City) for the U.S. Department of Housing and
Urban Development (HUD) is an entitlement community. As that, the
City receives formula-based grants in the form of CDBG and NSP
funds. There are many programmatic requirements for reporting and
accountability for use of HUD grant funds that are in sequence. Every
five (5) years, the City has to undertake an Analysis of Impediments to
Fair Housing (AI) that states the progress of expenditures of CDBG
funds and ensures that they are addressing the current needs of the
community.
The City subconsults this work to experts in preparing this required
document for HUD. The document also leads into the Annual Action
Plan (AAP) efforts and the 5-Year Consolidated Plan (Con Plan). The
AAP is created every year and the Con Plan is due to HUD this year.
The Florida Housing Coalition has been hired to perform the AI and the
draft in July 2018 will be provided to the City Commission for their
review. The AI has to be adopted and sent to HUD by October 1, 2018,
and will be brought to the City Commission for approval.
The AI will include the following public outreach that will include, but not
be limited to:
1. Developing a survey published online and promoted through
social media, at public meetings, and through other outlets.
2. Summary of two (2) public meetings for residents, stakeholders,
persons protected by the Fair Housing Act, and/ or advocates
for the protected classes. The purpose of the meetings is to
raise public awareness of fair housing laws, enhance
understanding of the AFFH obligation, and request input on
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impediments to fair housing choice in the City.
Finally, the Florida Housing Coalition will present the AI draft
findings to the City Commission in a public hearing and obtain
feedback on these findings for incorporation into the final
document in August 2018.
F. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce
Raftery, City Clerk (386) 878-8502.
Background: Quarterly Reports of City Advisory Boards/Committees:
1) Deltona Economic Development Advisory Board - (Written Report
Only)
2) Planning and Zoning Board - (Written Report Only)
3) Firefighters’ Pension Plan Board of Trustees - (Written Report Only)
4) Team Volusia - (Presented by Team Volusia’s Vice President of
Business Intelligence and Operations Matt Chesnut)
Attachments: DEDAB First Quarter 2018 Report
P&Z First Quarter 2018 Report
FFPP First Quarter 2018 Report
Team Voluisa First Quarter 2018 Report
6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
7. PUBLIC FORUM: - Citizen comments are limited to issues and concerns 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)
CONSENT AGENDA: The consent agenda contains items that have been determined
to be routine and non-controversial. If anyone in the audience wishes to address a
particular item on the consent agenda, now is the opportunity for you to do so.
Additionally, if staff or members of the City Commission wish to speak on a consent
item, they have the same opportunity.
8. CONSENT AGENDA:
A. Request for approval of appointment of one (1) member to fill the 5th position of
the Firefighters’ Pension Plan, Board of Trustees.
Background: The term of one citizen member of the Firefighters’ Pension Plan,
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Board of Trustee, James Koczan, expired on January 15, 2018. In
accordance with the City’s Code of Ordinances, Sec. 46-28, “The fifth
member shall be chosen by a majority of the previous four members as
provided for herein, and such person’s name shall be submitted to the
governing body of the City. Upon receipt of the fifth person’s name, the
governing body of the City shall, as a ministerial duty appoint such
person to the board as its fifth member.”
At the April 17, 2018 Board of Trustees’ meeting, the Board
unanimously voted to appoint Doug Watler as the fifth board member
for a term to expire on January 15, 2022.
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 03-2018, Rezoning a ±3.5 Acre Tract from
Professional Business (PB) to C-1 (Retail Commercial), at second and final
reading - Ron A. Paradise, Assistant Director, Planning and Development
Services, (386) 878-8610.
Strategic Goal: Economic Development - Focus on Howland Blvd. as the
gateway for commercial growth.
Background: The proposal is to rezone a ±3.5 acre tract located along the Howland
Blvd. corridor from Professional Business (PB) to C-1 (Retail
Commercial). In the PB zoning district, permitted principal uses are
limited to office and financial institutions, as well as single family
residences are permitted. The requested C-1 zoning district has a
more expansive list of permitted principal uses, with the intent of being
neighborhood oriented and serving. This amendment request is in
keeping with similar changes along Howland Blvd. from PB to C-1 (i.e.
the Dunkin Donuts vacant land east of Roseapple Ave.)
The requested C-1 zoning amendment is consistent with the City’s
Comprehensive Plan. Further, as part of the rezoning application, a
traffic impact analysis (TIA) was submitted that indicated that Howland
Blvd. has capacity to serve the subject property with commercial uses .
However, other roadway segments will be caused to operate below an
acceptable concurrency level of service (LOS). Thus, options exist for
the applicant to either improve off-site areas or provide proportionate
fair-share mitigation. For more information regarding this rezoning
request, please see the attached support documentation. On March 21,
2018, the Planning and Zoning Board voted 6-0, with one member
absent, to recommend that the City Commission adopt Ordinance No.
03-2018. Also, on April 2, 2018, the City Commission approved the
ordinance for first reading with a 5-0 vote, with one member absent and
one member abstaining.
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It has come to the attention of staff the due public notice for the May 7,
2018 meeting regarding this item is insufficient. Therefore, the second
hearing must be tabled and deferred to a time certain hearing.
Attachments: Ord No. 03-2018
Staff Report
Transportation Impact Analysis
TIA Peer Review
Map Series
B. Public Hearing - Ordinance No. 04-2018, Amending the Land Development
Code for Brewpub/microbreweries, Microwineries and craft distilleries, at
second and final reading - Ron A. Paradise, Assistant Director, Planning and
Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Work with existing business to
expand/grow.
Background: The brewing, fermenting or distilling of alcoholic beverages on a small
scale and at a local level is an emerging land use trend throughout the
Country. Referred to as brewpubs/microbreweries, microwineries and
craft distilleries, these uses include the limited, on-site production of
malt/alcoholic beverages called craft alcohol activities. Craft alcohol
activities attract alcoholic beverage connoisseurs and tourists looking
for unique cuisines, while embracing local production and
entrepreneurship.
Recently there are inquiries about establishing craft alcohol uses within
the City; which have led to economic development activity in other
communities. Therefore, staff has proposed changes to the Land
Development Code (LDC) to encourage craft alcohol uses within the
City. The proposed changes are explained as follows:
Amend Sec. 70-30 to define brewpubs/microbreweries, microwineries
and craft distilleries. The definitions are intended to limit operation
scale utilizing applicable annual production amounts and prohibit
outside storage. The definitions also distinguish craft alcohol uses
from other alcohol dependent uses.
Expand opportunities for craft alcohol uses, brewpubs/microbreweries,
microwineries and craft distilleries are proposed to be added as
permitted principal uses in both the C-1 and C-2 zoning
classifications (Sec. 110-315 and Sec. 110-316).
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Within Section 110-814, LDC, the City established separation
distances between alcohol related operations. In addition, there are
setbacks between alcohol consumed on premises business and
sensitive land uses such as schools, parks, and houses of worship. The
goal of these buffers is to ensure land use compatibility and avoid a
concentration of bars/night clubs in certain neighborhoods. While there
are exceptions to the separation distances for certain hotels and
seating exempt restaurants, locating a consumed on premises use
within existing commercial structures has to be compatible with nearby
land uses. While, bar/night club uses are well-represented within
existing commercial space; it is not uncommon to find small sized
religious congregations leasing space in that same complex. The end
result is there is limited opportunity for new alcohol/consumed on
premises uses to be located within existing commercial areas. Though
this ordinance, it is anticipated that craft alcohol uses may be less
impactful, compared to a bar/nightclub use. Due to federal law, craft
alcohol uses would still be required to be setback from schools. For
more information, please see the attached staff report. On April 2,
2018, the City Commission approved the ordinance at first reading,
6-0, with one member absent.
Attachments: Ord No. 04-2018
Exhibit A LDC Changes
Staff Report
C. Public Hearing - Resolution No. 2018-20, Conditional Use Application for a
Community Residential Home at 502 Galloway Ave. - Ron A. Paradise,
Assistant Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified and
high-quality housing opportunities.
Background: Resolution No. 2018-20 is for a Community Residential Home (CRH) to
be located at 502 Galloway Ave. (Site). The Site consists of
±0.25-acres with ±2,300 square foot single family residential home.
The surrounding area properties are also zoned R-1. The request is to
serve up to six (6) residents with disabled individuals, which fall under
the regulations of the State of Florida Agency for Persons with
Disabilities (APD); including though not limited to health conditions of
spinal bifida, autism, cerebral palsy, etc.
The purpose and intent of a CRH serving up to six (6) residents is to
emulate a family unit within the permitted and constructed single family
house in a residential neighborhood. The proposed CRH at 502
Galloway Ave. can comply with City Land Development Code (LDC)
requirements. In addition, to enhance neighborhood compatibility the
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following conditions are suggested:
a. The dwelling at 502 Galloway Ave. shall serve no more than six (6)
residents.
b. All residents and related service shall be directly associated with
and regulated by the Florida Agency for Persons with Disabilities
(APD).
c. The applicant shall remain the primary operator of the CRH at 502
Galloway Ave. and continue to live in/homestead the dwelling as a
primary residence.
d. Signage is limited to that for a home occupation.
For more information see the attached staff report and related
supporting materials. At the April 18, 2018, Planning and Zoning
Board hearing, the Board voted unanimously (5-0) with two (2)
members absent to recommend approval of the CRH request at
502 Galloway Ave. Finally, consistent with LDC Sec. 110-1102(e), a
Conditional Use must have City Commission super majority
approval consisting of no less than five (5) City Commission votes.
Attachments: Resolution No. 2018-20
Staff Report
Map Series
Support Documentation
D. Public Hearing - Ordinance No. 13-2018, Amending the Firefighters’ Pension
Plan to reflect language agreed to in the 2016 Collective Bargaining
Agreement, provide clarifying language for eligibility for disability benefits and
moving language to a more appropriate section of the plan, at first reading and
schedule second and final reading for May 21, 2018. - City Attorney (386)
878-8872.
Strategic Goal: Internal & External Communication - Improve Intergovernmental
Coordination.
Background: Section 46-33, Benefit Amounts and Eligibility, is being amended to
reflect the potential cost of living and retirement subsidy adjustments in
the 2016 Collective Bargaining Agreement due to oversight the
pension ordinance was not revised.
Section 46-35, Disability, is being amended to more clearly identify the
eligibility requirements for members who apply for disability benefits.
Section 46-56, Retirement Subsidy, is being moved to the Benefit
Amounts and Eligibility Section of the plan as subsection (g).
Attachments: Ordinance No. 13-2018
City of Deltona Page 8 Printed on 6/3/2020
City Commission Agenda May 7, 2018
E. Public Hearing - Ordinance No. 11-2018, amending Chapter 96 -
Improvements, Article II - Design and Construction Standards of Improvements,
Sections 96-34 related to sewer connection, providing voluntary connection to
sewer facilities for existing residential customers, at first reading and to
schedule second and final reading for May 21, 2018. - City Attorney, (386)
878-8872.
Strategic Goal: Infrastructure - Include requirements for utilities when reviewing
site plans for permitting.
Background: The City Commission has identified that a need exists and there is a
desire to amend provisions of Chapter 96 - Improvements and to
include a provision which allows existing residential customers to
voluntary connect to the City of Deltona sewer system, if the customer
so desires and if such sewer service is available, but does not under
any circumstance force an existing residential customer to connect to
the City of Deltona’s sewer system.
Attachments: Ordinance No. 11-2018
10. OLD BUSINESS:
A. Discussion and action regarding solid waste collection services - Dale Baker,
Deputy City Manager (386) 878-8852.
Strategic Goal: Strengthen Code Enforcement and focus on the City’s
Beautification Program
Background: The City entered into an agreement with RCG Consulting, Inc.
(Redman) to design and implement a procurement process culminating
in the City entering into an agreement with a solid waste collection
contract. Redman and staff have prepared a draft proposal identifying
how garbage, recyclables, bulk waste and yard waste will be picked up.
The draft proposal is based upon prior comments from the
Commission. Once finalized Redman and staff will either (a) negotiate
a new contract with Waste Pro or (b) issue a request for proposal for a
new solid waste hauler. Both options will require the hauler to provide
any deduction from the residential cost under a scenario that the hauler
will be the sole hauler for commercial waste in Deltona. Pricing will
also be requested for a scenario that excludes commercial waste.
Attachments: Solid Waste Residential Services
EXHIBIT H
City of Deltona Page 9 Printed on 6/3/2020
City Commission Agenda May 7, 2018
11. NEW BUSINESS:
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 10 Printed on 6/3/2020
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