City Commission

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, June 4, 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 Honaker - Chaplain Anthony Alvarez, Deltona Fire Department. 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 May 21, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: May 21, 2018 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation: Summary of the Planning & Development Services Department - Chris Bowley, AICP, Director, Planning & Development Services, (386) 878-8602. City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda June 4, 2018 Strategic Goal: Internal and External Communication - improve intergovernmental coordination. Background: The City of Deltona Planning & Development Services (Planning) Department is a small team that performs a wide-array of programs. A brief summary of tasks typically performed by the Planning Department is as follows: · Budgets and project manages capital projects. · Writes policies, ordinances, resolutions, and documents for compliance with federal, state, and local regulations. · Works within the City’s comprehensive plan, land development regulations, zoning ordinance, State statutes, and all other intergovernmental policies. · Processes development review procedures and presents to the community, boards, and committees. · Manages the formula-based grants and entitlements from various funding agencies to assist the community in physical development and to remove functional obsolescence. · Includes community development, long-range planning, current planning, design, elements of economic development, transportation planning, environmental management, utility planning, grant writing, floodplain management, construction management, community redevelopment areas, impact fee schedules, elements of land use law, etc. The Planning Department often brings several items to the City Commission per agenda on a wide array of topics designed to increase the City’s sustainability, physical function, and quality of life for residents. 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. City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda June 4, 2018 8. CONSENT AGENDA: A. Request for approval of changes to the Deltona Economic Development Advisory Board By-Laws - Jerry Mayes, Economic Development (386) 878-8619. Strategic Goal: Internal & External Communication Background: DEDAB has lost several appointed members due to resignations and dismissals for excessive, unexcused absences. The issue of excessive excused absences has also arisen, in that the current DEDAB By-laws (05.07.allow unlimited excused absences. The unlimited excused absences leads to excessive amounts of time in attempting to fulfill the City of Deltona Commission’s assignments to DEDAB. DEDAB The result of all this is to give DEDAB a more active and effective membership that attends DEDAB meeting on a regular basis and is better able to fulfill the City of Deltona Commission’s assignments to DEDAB. Attachments: DEDAB By-Laws B. Budget amendment to direct FEMA reimbursements received, and additional unallocated fund balance, to the General Fund Natural Disaster Reserve to restore the reserve to the full dedicated amount of $6,000,000. - Camille Hooper, Finance, 386 878-8552 Strategic Goal: Fiscal Issues - Maintain current fiscal stability Background: Resolution No. 2011-31, approved by the Commission on September 6, 2011, authorizes the City Manager to maintain a Natural Disaster Reserve in the General Fund in the amount of $6,000,000. Due to expenses related to hurricanes Matthew and Irma, portions of this reserve were subsequently appropriated, resulting in a reserve amount of $3,942,422 as of September 30, 2017. The City has received approximately $1,610,100 in reimbursements from FEMA for Hurricane Matthew expenditures through May 18, 2018. This budget amendment directs those reimbursements, as well as additional amounts from unassigned fund balance, into the Natural Disaster Reserve to bring the total reserve to the authorized amount of $6,000,000. City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda June 4, 2018 Attachments: 2018-047 Resolution 2018-39 Natural Disaster Reserve 2018-047 Natural Disaster Reserve 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 10-2018, Rezoning (RZ18-003) Amend the Deltona Village Business Planned Unit Development, at first reading. - Chris Bowley, AICP, Director, Planning and Development Services, (386) 878-8602. Strategic Goal: Economic Development - Focus on Howland Blvd. as the gateway for commercial growth. Background: The City of Deltona (City) received an application to amend the Deltona Village Business Planned Unit Development (BPUD). Adopted by the City Commission in 2010, the BPUD is a ±130-acre tract with an accompanying Final Plat that includes lots, tracts, and outparcels. The subject site includes the EPIC Theater, Racetrac, Duke Energy substation, and master stormwater management ponds. The remainder of the property is vacant; and to keep an agricultural tax exemption status with the Volusia County Property Appraiser, includes a ranching operation. The City recently received a zoning amendment application as the result of a land owner decision to revise the Overall Development Plan/Master Development Plan (ODP/MDP) for the BPUD. The applicant proposed primary revision was to reduce the approved 175-ft. minimum lot width dimensional requirement to 100-ft. to accommodate the development of a Burger King restaurant on a newly created tract to the west of the Racetrac site. As a result, the Burger King Final Site Plan (FSP 17-015) was conditionally approved on May 3, 2018, at the City’s Development Review Committee (DRC) pending adoption of this rezoning application to change the minimum lot width from the BPUD required 175-ft. width to 100-ft.; which would yield a legally conforming lot. According to Section 110-319(k)(5)(d) of the Land Development Code, a change to a dimensional requirement represents a major amendment to the BPUD. Because the applicant for this zoning amendment, as well as being the establishing entity for the BPUD in 2010 placed the BPUD dimensional requirements on the preliminary plan of the BPUD (ODP/MDP) only, the written agreement/Development Agreement (DA) for the BPUD does not have to be amended and can remain as adopted. In receipt of this zoning amendment application reducing the minimum City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda June 4, 2018 lot width from 175-ft. to 100-ft., the applicant is also proposing the following revisions to the BPUD: - Reduce the minimum lot size from one (1) acre to 10,000 SF. - Change an allowance of multi-family residential uses from a Conditional Use with up to 414 multi-family units to a Permitted Principal Use and no density limitation. - Change the subdivision exempt process to allow up to twenty (20) non-platted lots per lot. The proposed minimum lot width change from 175-ft. to 100-ft. achieves the original purpose and intent of this rezoning application, as considered by the land owner/applicant at meetings with the Burger King developers and City staff (December 27, 2017 and April 5, 2018). With approval of the lot width change, the Burger King Final Site Plan Development Order could be issued on a conforming lot and meets the DRC conditional approval for that project. For the other requested provisions, the following information is provided: - Reduce the minimum lot size from one (1) acre to 10,000 SF - because the proposed Burger King site meets the one (1) acre minimum lot size, this provision is not applicable. The merits of lot size for commercial lots throughout the City is not required for this application; however, this could be a future issue for site function. - Change the allowance of multi-family residential uses from Conditional Use with a limit of 414 units to a Permitted Principal Use with no density limitation - Density limitations are provided in ranges within the City’s Comprehensive Plan to establish land carrying capacity and concurrency management. - Change the subdivision exempt process to accommodate up to 20 non-platted lots - Chapter 177, Florida Statutes (State law) and Section 106, City subdivision regulations define the legal subdivision of land for reasons that just land subdivision. Based on the above, staff recommends only the adoption of the amendment reducing the minimum lot width from 175-ft. to 100-ft. A project located within the BPUD (Burger King) will be utilizing a Deltona Village BPUD master stormwater pond, which is addressed within the attached Declarations of Easements, Covenants, and Restriction (DCRs). As a condition of approval for this application, the land owner/applicant listed as Declarant in the DCRs will be responsible for the installation and maintenance of City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda June 4, 2018 Deltona Village common lands and facilities, until a property owners association (POA) is established per the Final Plat. Finally, on May 16, 2018, the Planning and Zoning Board (Board) voted unanimously (6-0), with one member absent, to recommend approval of the attached Ordinance No. 10-2018 to the City Commission; allowing only the minimum lot width reduction from 175-ft. to 100-ft. that also achieves a new Burger King site. Attachments: Ord No. 10-2018 050318 Deltona Village BPUD Staff Report Deltona Village Recorded DCRs 10. OLD BUSINESS: 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 6 Printed on 6/3/2020