City Commission
Regular MeetingDeltona, FL · November 19, 2018
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, November 19, 2018 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
Mayor Herzberg called the City Manager's Agenda Review Meeting to order at 5:30 p.m.
2. ROLL CALL – CITY CLERK:
Present: 8 - Commissioner Avila-Vazquez
Commissioner Bradford
Commissioner King
Commissioner McFall
Commissioner Nabicht
Vice Mayor Ramos
Mayor Herzberg
City Attorney
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by Vice Mayor Ramos.
Mayor Herzberg led the Pledge to the Flag.
Mayor Herzberg asked if Vice Mayor Ramos had anyone for the Invocation and he
responded "yes", he had asked Joshua Ramos with Iglesia Esperanza Viva.
4. APPROVAL OF MINUTES & AGENDA:
Mayor Herzberg asked if the were any questions or comments on the minutes and there
were none.
A. Approval of minutes - Regular Commission Meeting of November 5, 2018,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
5. PRESENTATIONS/AWARDS/REPORTS:
Mayor Herzberg asked if there were any Presentations, Awards or Reports and there were
none.
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6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
Mayor Herzberg asked if anyone would have any Special Reports, Requests or Discussion
Topics.
Commissioner McFall stated he would be bringing up the meeting scheduling asking if the
Commission wants to consider in the future changing this meeting from 5:30 p.m. to 6:00
p.m. Mayor Herzberg commented normally this meeting is scheduled from 5:30 p.m. to 6:30
p.m. and generally it does not take that long and there is a lot of gap time in between
meetings.
Mayor Herzberg stated she will be bringing up two (2) requests for discussion. One is about
Boards and we can talk about that under Item 10B and she would like to workshop the
Boards if wvweyone is agreement. She commented there has been a lot of discussion on
which Boards are here, which Boards are not used and which Boards are not filled. She
stated the Commission can maybe see why those Boards are not being filled and does the
Commission want to change anything. Shae spoke about having a Beautification Board
and a Youth Board in the past. Commissioner Bradford commented this is critical because
there are Boards that have not met in months.
Mayor Herzberg stated she would also like to discuss the issue the City is going to be
having with recycling that will be affecting all the surrounding cities and the county and
nation. She stated there are going to be some cost issues as we can see on Consent
Agenda Item B. She asked the City Manager if she had any input on the issue. City
Manager Shang responded that her suggestion was to bring this before the Commission in
January. She stated she want to have Mr. Redman put together a presentation and update
on where we are. She stated we also need to deal with a number of issues like franchise
fees, commercial hauler and other related issues that the Commission had said it wanted to
discuss in the future when there was further information. Commissioner Nabicht suggested
this should be a topic of discussion at the next West Volusia Summit because we are all in
the same boat. He stated if this issue can be streamlined at least on the west side of the
county it would make it a lot more easier and more efficient. Mayor Herzberg stated when
Mr. Redman came and made a presentation at the League of Cities Dinner it was very
informative. She asked if anyone knew when the next West Volusia Summit is scheduled.
Vice Mayor Ramos stated he would reach out to the Chamber of Commerce as the
Chamber usually sets that up. Mayor Herzberg stated when the last Summit was held the
next city should have been picked and that the City of DeBarry has hosted it multiple times.
Commissioner Nabicht suggested the City step up and schedule a summit for a Saturday in
January and we can host it. Mayor Herzberg asked if the Commission was in agreement
with that. City Manager Shang stated this should be discussed downstairs. Mayor Herzberg
agreed and asked Commissioner Nabicht to bring it up.
Commissioner Bradford asked to bring up the fees at The Center and who is being
charged because the City Manager can not change anything so, if a department uses it we
are just moving money from budget to budget. Commissioner Nabicht suggested we wait
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until we get the end of the year report from The Center, it is reviewed and then Staff can
make appropriate recommendations so it can be worked in. City Manager Shang
responded that report is being prepared to be scheduled for January.
Mayor Herzberg clarified that when the Commission goes downstairs Commissioner
Nabicht will bring up the West Volusia Summit, Vice Mayor Ramos will reach out to the
Chamber, Commissioner Bradford and Commissioner McFall will bring up their issues and
she will brin up the Boards.
Commissioner Avila-Vazquez asked if the Commission could have a meeting sometime
during the month to invite the residents to speak to the Commission about issues. Mayor
Herzberg stated she is also going to talk about is there are Workshops on the 2nd and 4th
Mondays of each month and her suggestion is going to be is to make the 4th Monday of the
month a town hall type meeting unless ther is a workshop topic that needs to be discussed.
She asked if anyone was interested in that. She asked for comments.
Commissioner King stated he has already reserved the Harris Saxon hall for that 4th
Monday of each month for meetings. It was pointed out that there are meetings held on
those Mondays. He stated then the meetings will have to be cancelled or put on a different
day. Commissioner Bradford reminded Commissioner King there is a meeting every
Monday. Vice Mayor Ramos suggested the 4th monday can be rotated by district.
Commissioner Nabicht added as long as the meetings are productive and are structured.
He stated the residents have an oppotunity to come to the Commission meetings and
speak with all the Commissioners. He stated it may be more convenient for a resident to
get to Wes Crile Park at noon for a meetin and he is not trying to discourage anyone but
what you will tipically get is you will get the same group of people that will come to those
meetings with one (1) or two (2) issues that have already been brought to the Commission.
He stated as new Commissioners however it is to your advantage to meet and get input
from your constituents in your district. He cautioned that you may have requests for say a
pocket park, sidewalks or streetlights in your district but be reminded that resources are
dedicated City wide per the City Manager's budget and are voted on by the entire
Commission. He stated for the most part if something is going on in your district it is most
likely going on in other districts. He stated after time you can decide what you want to do
those but your time is going to become valuable in terms of what you allocate to certain
things and you will want to make sure you make good use of that time.
Mayor Herzberg suggested there are so many workshops that maybe the workshops can
be make more compact and then that 4th Monday can be a more interactive with the
residents. Commissioner Bradford suggested this conversation should be had downstairs
so the resident can hear that this is something that is important to the Commission.
Commissioner Bradford asked if the Commission had budgeted a couple of years ago to
have a camera installed here so we can have the workshops up here again. City Manager
Shang responded we do have that ability, we did order the equipment and she needs to
know if it is operational. Commissioner Bradford commented she likes this environment for
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a workshop as the Commissioners can actually sit and talk to each other and she believes
this is what we need for the workshops so the Commission can hash the issues out.
Mayor Herzberg stated next is the Consent Agenda and we have Item 10A which is a
request from Daytona State College (DSC) for the execution of a Letter of Intent regarding
a sublease for the gymnasium and fields, etc. and she has been asked to move this item up
before the Consent Agenda and then we will go back to the way the agenda is.
Consensus by the Commissioners to move Item 10A up before Consent Agenda.
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. Please be courteous and respectful of the views of others. Personal
attacks on Commission members, City staff or members of the public are not allowed,
and will be ruled out of order by the Mayor.
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:
City Attorney Segal-George asked to explain the Consent Agenda process.
Commissioner Bradford asked if on Item 8-A regarding an ECHO Grant can anything be
added to this item. City Manager Shang responded this is to support the application and
the application is already written.
There were no other questions or comments on any of the other items on consent.
A. Request for approval of Resolution No. 2018-69, in support of ECHO Grant
Applications for Ecological Park initiative- Jerry Mayes, City Manager’s
Department, (386) 878-8619.
Strategic Plan: Economic Development, developing of a sustainable
ecological tourism program.
B. Request for Approval of Resolution 2018-70, Final Budget Amendment FY
2017-2018 - Solid Waste Fund - Camille Hooper, Finance Department (386)
878-8552.
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Strategic Goal: Fiscal Issues
C. Request for Approval of Resolution 2018-71, Final Budget Amendment FY
2017-2018 - Transportation Impact Fees Fund - Camille Hooper, Finance
Director (386) 878-8552.
Strategic Goal: Fiscal Issues
D. Request for Approval of Resolution 2018-72, Final Budget Amendment FY
2017-2018 - Transportation Fund - Camille Hooper, Finance Director (386)
878-8552.
Strategic Goal: Fiscal Issues
E. Request for Approval of Resolution 2018-73, Final Budget Amendment FY
2017-2018 - Municipal Complex Fund - Camille Hooper, Finance Director
(386) 878-8552.
Strategic Goal: Fiscal Issues
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2018-67, Transmitting the Affordable
Housing Advisory Committee 2018 Incentive Review and
Recommendation Report - Ron A. Paradise, Assistant Director, Planning
and Development Services (386) 878-8610.
Strategic Goal: Economic Development - create more diversified housing
opportunities.
Mayor Herzberg stated the next Item is Item 9-A and she asked if there were any questions.
Commissioner Bradford stated she has some questions on this item regarding the fees,
that alternative methods of fee payments be defined and Section E regarding the granny
flats. She asked if this was to consider not allowing granny flats anymore. Mr. Paradise
responded that was a recommendation by the AHAC (Affordable Housing Advisory
Committee).
Commissioner Bradford stated this can be discussed downstairs adding that more and
more people are looking for and asking for a mother-in-law space and she questioned what
happens to those existing ones. She stated she is not in favor of repealing granny flats.
There were no other questions or comments on Item 9-A.
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B. Public Hearing - Resolution No. 2018-64, A Conditional Use request for a
house of worship at 590 Fort Smith Boulevard - Ron A. Paradise, Assistant
Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Internal and external communication
Mayor Herzberg stated the next Item is 9-B regarding a conditional use permit for a House
of Worchip. She asked Mr. Paradise if there was anything different on this item and Mr.
Paradise responded "no," however, from a procedural standpoint this conditional use
permit as with any conditional use according to code needs to be approved by a
supermajority of at least five (5) votes. He stated he will mention that in his presentation for
the record.
City Attorney Segal-George asked to explain the Conditional Use process and to let the
Commission know that this process is used to provide a public hearing and to offer the
residents a chance to comment and offer input.
There were no other questions or comments on this item.
C. Public Hearing - Ordinance No. 05-2018, request by applicant for a
continuance to a date certain of December 17, 2018 to allow for further
public outreach, for a rezoning (RZ18-001) for a +113.4 site from R-1AA to
Residential Planned Unit Development - Ron A. Paradise, Assistant
Director, Planning and Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified &
high-quality housing opportunities to provide for all market demands.
Mayor Herzberg stated the next Item is Item 9-C and she asked Mr. Paradise if there was
anything the Commission needed to know on this item. Mr. Paradise responded this is
Hampton Oaks and the applicant is going to ask for a continuance for a time and date
certain for December 17th. City Manager Shang stated the applicant is wanting to do more
public outreach and to have meetings with the Mayor and each Commissioner. She asked
City Attorney Segal-Gearge to explain ex parte communications.
City Attorney Segal-George stated she had gone over this with the two (2) new
commissioners so as to make sure they were up to speed on this procedure. She
explained that the applicant is going to be asking to speak to each Commission Member
individually to discuss what they would like to do and what the development entails. She
stated she does not have a problem with this from a legal standpoint however because you
sit in a quasi judicial compacity in this zoning hearing you must disclose any discussion
outside of the public meeting. She stated at the December meeting the Mayor will ask if
there has been any ex parte communications of each of you and you will have to answer
whether you did speak with the applicant or not. She added you do not have to speak with
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the applicant if you do not want to, there is no requirement that you do so and does not have
anything to do with how you vote either in favor of or against. She recommended that if you
speak to the applicant you should diary it with the date and time with a couple of sentences
on the discussion with the applicant. She stated also somebody like one of the neighbors
has the right to question you on specifics and you can respond. She stated this is a
complicated case and each of you may wnat to have a breifing from staff as there are some
legal issues involved. She stated the State Statutes are pro development and people have
certain rights to do things and you can not take things away without paying for them. She
added as long as you get good information, you will make good decisions.
10. OLD BUSINESS:
A. Execution of Letter of Intent with Daytona State College to amend the
existing Sublease to provide additional land for the construction,
maintenance and operation of a gymnasium, sports fields and other related
recreational facilities. - Jane K. Shang, City Manager (386-878-8850) and
Ryan Reckley, Parks Director (386-878-8902).
B. Consideration of District #1 Commissioner’s, District # 2 Commissioner’s
and the Mayor’s appointments to the Ordinance Review Committee. -
Joyce Raftery, City Clerk’s Office (386) 878-8502.
Strategic Goal: Internal & external communication
Commissioner Nabicht stated typically in the past the Commission nominates those
individuals as a slate and then vote on the whole ticket. He stated he does not think the
Commission should do that and that each appointment should be done separately. He
stated he has always had a concern about this and tonight there are three nominations but,
there maybe someone nominated that he is not comfortable with.
Commissioner Bradford asked if she could ask for more time to make her nomination to
see if more applicants apply and the Commission concurred she could. Mayor Herzberg
stated that goes for any of the Commissioners who have a nomination.
There were no other questions or comments on this item.
11. NEW BUSINESS:
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
Mayor Herzberg stated because some of the Commissioners are new she would like to
start Commission Comments with Commissioner Bradford.
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Commissioner Nabicht called to everyone's attention that the time is 6:03 p.m. and if the
Commission is considering shorting the City Manager Agenda Review Meeting they may
want to leave it at 5:30 p.m. for a little while. Commissioner McFall suggested relooking at it
in January or February. Commissioner Nabicht stated to get through four or five meetings
and relook at it because this is a relatively simple agenda tonight and it took 30 minutes.
There were no other questions or comments on this item.
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 6:03 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 Heidi K. Herzberg
Vice Mayor Victor M. Ramos
Commissioner Maritza Avila-Vazquez
Commissioner Anita Bradford
Commissioner Loren King
Commissioner Robert D. McFall
Commissioner Chris Nabicht
Monday, November 19, 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 Vice Mayor Ramos.
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 November 5, 2018, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: November 5, 2018 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS:
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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. Please be courteous and respectful of the views of others. Personal
attacks on Commission members, City staff or members of the public are not
allowed, and will be ruled out of order by the Mayor.
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 Resolution No. 2018-69, in support of ECHO Grant
Applications for Ecological Park initiative- Jerry Mayes, City Manager’s
Department, (386) 878-8619.
Strategic Plan: Economic Development, developing of a sustainable ecological
tourism program.
Background: In August, 2018, the City Commission agreed to the development of
three ecological parks as a part of the City’s “Ecological Tourism
Sustainability Program”. The project cost will be split between ECHO
funds ($225,000) and City matching funds ($225,000) for a total of
$450,000. In October, 2018 the City Commission named the three
ecological parks based upon a nature theme. This resolution is a part
on the ongoing ECHO Grant submitted applications’ process to move
the three ECHO Grants along the processing route. Upon approval
authorizes the necessary budget transfers to facilitate Commission
approval and further authorized the City Manager to sign any
documents necessary to further Commission approval of this item.
Attachments: Res No. 2018-69 ECHO Grant
B. Request for Approval of Resolution 2018-70, Final Budget Amendment FY
2017-2018 - Solid Waste Fund - Camille Hooper, Finance Department (386)
878-8552.
Strategic Goal: Fiscal Issues
Background: Florida Statutes permit amendment of the City’s budget through 60
days after the close of the fiscal year. Finance routinely submits
“true-up” amendments each year as needed as part of the fiscal year
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end closing process, to align the final approved budget with actual
expenditures. This amendment increases budgeted expenditures and
decreases budgeted fund balance in the Solid Waste Fund by $35,000
due to additional recycling costs. Upon approval authorizes the
necessary budget transfers to facilitate Commission approval and
further authorized the City Manager to sign any documents necessary to
further Commission approval of this item.
Attachments: 2018-092 Solid Waste True-Up
Resolution No. 2018-70
C. Request for Approval of Resolution 2018-71, Final Budget Amendment FY
2017-2018 - Transportation Impact Fees Fund - Camille Hooper, Finance
Director (386) 878-8552.
Strategic Goal: Fiscal Issues
Background: Florida Statutes permit amendment of the City’s budget through 60
days after the close of the fiscal year. Finance routinely submits
“true-up” amendments each year as needed as part of the fiscal year
end closing process, to align the final approved budget with actual
expenditures. This requested transfer increases budgeted revenue and
expenses within the Transportation Impact Fees Fund. There is no
impact on budgetary fund balance. Upon approval authorizes the
necessary budget transfers to facilitate Commission approval and
further authorized the City Manager to sign any documents necessary to
further Commission approval of this item.
Attachments: 2018-093 Trans Impact True-Up
Resolution No. 2018-71
D. Request for Approval of Resolution 2018-72, Final Budget Amendment FY
2017-2018 - Transportation Fund - Camille Hooper, Finance Director (386)
878-8552.
Strategic Goal: Fiscal Issues
Background:
Florida Statutes permit amendment of the City’s budget through 60
days after the close of the fiscal year. Finance routinely submits
“true-up” amendments each year as needed as part of the fiscal year
end closing process, to align the final approved budget with actual
expenditures. Local Option Gas Tax revenue collected in FY 2017-18
was higher than expected; this amendment increases budgeted
revenue and budgeted fund balance accordingly. Upon approval
authorizes the necessary budget transfers to facilitate Commission
approval and further authorized the City Manager to sign any
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documents necessary to further Commission approval of this item.
Attachments: 2018-094 LOGT True-Up
Resolution No. 2018-72
E. Request for Approval of Resolution 2018-73, Final Budget Amendment FY
2017-2018 - Municipal Complex Fund - Camille Hooper, Finance Director (386)
878-8552.
Strategic Goal: Fiscal Issues
Background: Florida Statutes permit amendment of the City’s budget through 60
days after the close of the fiscal year end. Finance routinely submits
final “true-up” amendments each year as needed as part of the fiscal
year end closing process, to align the final approved budget with actual
expenditures. The Public Works Depot project was approved and
budgeted in FY 2016-17, but when work continued on the project into
FY 2017-18, the budget was not carried forward into the new fiscal
year. This amendment increases budgeted expenditures and
decreases budgeted fund balance in the Municipal Complex fund by
$32,200 for the amount of project expenditures in FY 2017-18. Upon
approval authorizes the necessary budget transfers to facilitate
Commission approval and further authorized the City Manager to sign
any documents necessary to further Commission approval of this item.
Attachments: 2018-095 Muni Complex True-Up
Resolution No. 2018-73
9. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2018-67, Transmitting the Affordable Housing
Advisory Committee 2018 Incentive Review and Recommendation Report - Ron
A. Paradise, Assistant Director, Planning and Development Services (386)
878-8610.
Strategic Goal: Economic Development - create more diversified housing
opportunities.
Background: Consistent with Chapter 420.9076 F.S., local governments which
receive funds through the State Housing Initiatives Partnership (SHIP)
program are required every three years to prepare an affordable
housing incentive review and recommendations report. The review and
recommendations report involves the analysis of eleven areas
influencing the provision of affordable housing. The areas required for
review range from impact fee modification to encouraging transit
oriented development. As part of the statutory requirements, SHIP
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entitlement communities are required to appoint an Affordable Housing
Advisory Committee (AHAC) to review affordable housing incentives.
The AHAC did perform its statutory duties and the attached report
contains the AHAC analysis and recommendations on each area
influencing the provision of affordable housing within the City. Upon
approval authorizes the necessary budget transfers to facilitate
Commission approval and further authorized the City Manager to sign
any documents necessary to further Commission approval of this item
Attachments: Resolution No. 2018-67
Exhibit 1: AHAC 2018 Incentive Review and Recommendation Report
B. Public Hearing - Resolution No. 2018-64, A Conditional Use request for a
house of worship at 590 Fort Smith Boulevard - Ron A. Paradise, Assistant
Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Internal and external communication
Background:
The applicant is requesting a Conditional Use approval for a house of
worship on an approximately 3.3 acre parcel. The plan is to construct a
13,942 square foot house of worship facility with ancillary parking,
landscaping, stormwater, fenced playground, pavilion, and basketball
court. The request is for a house of worship and does not include a
private school or daycare facility. For more information on this request
please see the attached staff report.
On October 17, 2018 the Planning and Zoning (P/Z) Board heard the
Conditional Use request. After hearing testimony in support of the
proposal and reviewing other information, the P/Z Board unanimously
with one member absent recommend the City Commission approve the
Conditional Use request.
Finally, consistent with Sec. 110-1102(e) of the Land Development
Code this or any conditional use request must be approved with a 5
vote super majority and upon approval authorizes the necessary budget
transfers to facilitate Commission approval and further authorized the
City Manager to sign any documents necessary to further Commission
approval of this item.
Attachments: Resolution No. 2018-64
Staff_Report 10-2-2018
maps combined
letter of conditional use
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C. Public Hearing - Ordinance No. 05-2018, request by applicant for a
continuance to a date certain of December 17, 2018 to allow for further public
outreach, for a rezoning (RZ18-001) for a +113.4 site from R-1AA to Residential
Planned Unit Development - Ron A. Paradise, Assistant Director, Planning and
Development Services, (386) 878-8610.
Strategic Goal: Economic Development - Create more diversified & high-quality
housing opportunities to provide for all market demands.
Background: The City of Deltona received an application for a rezoning to change
the zoning on a ±113.4 acre parcel from R-1AA to Residential Planned
Unit Development (RPUD). The project is planned to feature 259
detached residential units on individual lots. The lot sizes vary in size
from approximately 19,000 square feet to 6,875 square feet. The
project, known as Hampton Oaks, is located north of Spirit Elementary
school and Lake Baton Estates and east of the Sterling Silver
neighborhood. The property, as designed, has three access points:
Meadowlark Dr., Alabaster Way and Pearl Tree Road. The project
features community amenities including ample perimeter buffers and a
28 acre nature preserve. For more information relating to the project
see the attached staff report and related graphics.
All PUD zoning actions are associated with a written Development
Agreement (DA). The Hampton Oaks DA is attached. The DA
illustrates how the property will be developed by articulating
requirements such as a minimum lot sizes, setbacks, etc. However
after the agenda for the Planning and Zoning Board was prepared, City
staff and the applicant continued to work on Section 6.m. of the
attached DA. Section 6.m. addresses the development of model
homes. After conducting further research, including how other
municipalities manage model home development, staff is proposing
Section 6.m. of the DA be changed. Proposed Section 6.m language is
attached as a stand-alone document.
On October 17, 2018, the Planning and Zoning Board heard the
Hampton Oaks RPUD rezoning request. After weighing information and
input from staff, the applicant and concerned citizens, the Planning and
Zoning Board with one member absent voted unanimously to forward
this ordinance to the City Commission with a recommendation to deny
the RPUD rezoning request. The concerns expressed which led to the
aforementioned recommendation were as follows:
1) Traffic
2) Drainage
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3) Too many lots proposed
In light of the recommendation by the Planning and Zoning Board, on
October 18, 2018, the applicant requested the City Commission grant
a continuance to the December 17, 2018 City Commission meeting to
allow for further public outreach. In the interim the applicant has
furthered studied traffic impacts and explored mitigation alternatives.
Also, the master development plan has been updated with the intent of
highlighting project amenities such as buffers, recreational facilities and
utility reservations. Upon approval authorizes the necessary budget
transfers to facilitate Commission approval and further authorized the
City Manager to sign any documents necessary to further Commission
approval of this item.
Attachments: Ordinance No. 05-2018.pdf
Staff Report Hampton Oaks RPUDsept18
Exhibit A - HAMPTON OAKS Residential PUD DA Draft Document
Exhibit B - Legal Description
Exhibit C- Hampton Oaks MDP
Aerial Photo
Existing Zoning
FLU Map
Location Map
Proposed Zoning
Soils Map
Update to Section 6.m. of the D.A.
10. OLD BUSINESS:
A. Execution of Letter of Intent with Daytona State College to amend the existing
Sublease to provide additional land for the construction, maintenance and
operation of a gymnasium, sports fields and other related recreational facilities.
- Jane K. Shang, City Manager (386-878-8850) and Ryan Reckley, Parks
Director (386-878-8902).
Background: The youth in Deltona represent over 25% of Deltona’s population.
Deltona needs more facilities for these kids as identified in the City’s
Strategic Plan (priority 8 infrastructure). Further, the City hired a
consultant in 2016 to determine the City’s recreational niche. The
consultant identified the need for an indoor public recreation facility
(such as a gymnasium) and fields. The City Commission delayed the
construction of a gymnasium until a suitable location could be identified.
Dating back to 2014 there have been numerous discussions regarding
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City Commission Agenda November 19, 2018
a partnership between the City and Daytona State College. Recently,
Daytona State College completed its Master Plan for the Deltona
campus. President Thomas LoBasso will provide a brief update of the
Master Plan which includes additional buildings, green space, parking
and approximately 11.25 acres of land for the City to construct a
gymnasium, sports fields and other related recreational facilities. The
potential placement of these recreational amenities on Daytona State
College land has been discussed with the Commission on several
occasions.
Attached is a letter from Daytona State College offering to sublease
land to the City for the construction, maintenance and operation of
recreational amenities, subject to the approval of the respective Boards
of Trustees, and a proposed Letter of Intent between the City and
Daytona State College. The Letter of Intent summarizes the principle
terms for an Addendum to the existing sublease for City Hall. The
Addendum will add the 11.25 aces to the City Hall sublease between
the City and Daytona State College. Upon approval authorizes the
necessary budget transfers to facilitate Commission approval and
further authorized the City Manager to sign any documents necessary to
further Commission approval of this item.
Attachments: Letter of Intent
Concept Plan
Daytona State Letter
B. Consideration of District #1 Commissioner’s, District # 2 Commissioner’s and
the Mayor’s appointments to the Ordinance Review Committee. - Joyce
Raftery, City Clerk’s Office (386) 878-8502.
Strategic Goal: Internal & external communication
Background: Mrs. Sonjia Kihlmire, Mayor Masiarczyk’s appointment resigned from
the Ordinance Review Committee on December 28, 2017.
Mrs. James Diehl, Commissioner Honaker’s appointment resigned
from the Ordinance Review Committee on July 18, 2018.
Mrs. Maritza Avila-Vazquez, Commissioner Bradford’s appointment
was elected to the City Commission November 12, 2018.
At the Regular Commission Meeting held on March 5, 2018 Mayor
Masiarczyk requested to table his appointment to the Ordinance
Review Committee due to the lack of applicants.
The City has run press releases, posted the openings on D-TV, the
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City Commission Agenda November 19, 2018
City's web page and bulletin boards. To date the City has received
applications from the following individuals: Joseph Bracken, Deborah
Kerr, Denise King, Ernest O’Brien, Dr. Allen Pfeffer, Teresa Pugliese,
Richard Post, Caleb Woehr and John Woehr.
Attachments: Ordinance Review Committee Member List
Resignation-Sonjia Kihlmire
Resignation-James Diehl
Application-Joseph Bracken
Application-Deborah Kerr
Application-Denise King
Application-Ernest Steven OBrien
Application-Dr. Allen Pfeffer
Application-Teresa Pugliese
Application-Richard Allen Post
Application-Caleb Woehr
Application-John Woehr
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.
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