City Commission

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, May 6, 2019 5:30 PM Deltona Commission Chambers 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 King. 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 of the Regular Commission Meeting of April 15, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: April 15, 2019 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificates for April 2019 Background: Super Star Student of the Month awards for April 2019 will be presented to: City of Deltona Page 1 Printed on 6/4/2020 City Commission Agenda May 6, 2019 1. Deltona Lakes Elementary, Jayden Sanchez, 2nd grade 2. Discovery Elementary, Amayah Shannon-Bosques, Pre-K 3. Forest Lake Elementary, Elise Johnson, 3rd grade 4. Friendship Elementary, Austin Karlovich, 5th grade 5. Pride Elementary, Vince Cinque, 5th grade 6. Spirit Elementary, Johnathan Posada, 5th grade 7. Sunrise Elementary, Denisse Durietz Aguilar, 5th grade 8. Timbercrest Elementary, Josiah Bradley, 3rd grade 9. Volusia Pines Elementary, Janerys Ricart, 5th grade 10. Heritage Middle, Giovanna Bahiense, 8th grade 11. Deltona High, Janice Lin, 9th grade 12. Pine Ridge High, Ashley Hew, 12th grade 13. University High, Emily Edwards, 12th grade B. Proclamation - Municipal Clerks Week Background: Municipal Clerks Week was initiated in 1969 by IIMC and is endorsed by all of its members throughout the United States, Canada and 15 other countries. In 1984 and in 1994, Presidents Ronald Reagan and Bill Clinton, respectively, signed a Proclamation officially declaring Municipal Clerks Week the first full week of May and recognizing the essential role Municipal Clerks play in local government. Attachments: Municipal Clerks 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 27th anniversary of “Stamp Out Hunger” Food Drive will be held Saturday, May 11, 2019. This event is the nation’s largest one-day effort to combat hunger. Attachments: NALC Stamp Out Hunger 2019_wa D. Proclamation - Lupus Awareness Month. Background: Proclaiming the month of May 2019 as Lupus Awareness Month, by joining with the Florida Chapter of the Lupus Foundation of America in supporting programs of research, education, and community service. Attachments: Lupus 2019 E. Proclamation - Teacher Appreciation Week Background: Proclaiming the week of May 6th through May 10th, 2019 as “Teacher Appreciation Week”, to recognize Volusia County Teachers, supporting staff, and administrators who help build our future by educating our children. City of Deltona Page 2 Printed on 6/4/2020 City Commission Agenda May 6, 2019 Attachments: Teacher Appreciation Week_wa F. Recognition - Johanna V. Cosentino, Special Area Teacher Background: In recognition for your outstanding leadership, promoting literacy in the classroom and influencing students in our community. Attachments: Johanna V. Cosentino_wa G. Presentation - Advent Health emergency care facility update. Background: Advent Health will be providing an update on the emergency care facility being built at 3120 Howland Blvd., Deltona. Attachments: Advent Health Presentation H. 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 - (No Report) 4) Team Volusia - (Written Report Only) Attachments: DEDAB First Quarter 2019 Report P&Z First Quarter 2019 Report Team Volusia First Quarter 2019 Report I. Presentations: Staff Updates. Background: The following updates will be provided: 1. Building Services - Marc-Antonie Cooper, Assistant City Manager 2. Information Technology Update - Robert Cordero, ITSD Director 3. ECHO Grants, Parking at The Center and Tivoli Intersection Improvements - Ron Paradise, P&D Services Director 4. VCSO Update - Captain Kammerer City of Deltona Page 3 Printed on 6/4/2020 City Commission Agenda May 6, 2019 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. 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: 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 04-2019, Small Scale Future Land Use Map Amendment request for a 5,992 square foot portion of property located south of 65 Courtland Blvd. from Low Density Residential (LDR) to Commercial (C) at first reading - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - Provide a strategic focused effort towards economic development throughout the City to enhance existing businesses and attract new businesses. Background: The City of Deltona received an application to amend the City’s Future Land Use Map by changing +/-0.138 (5,992 sq. ft.) of land located south of 65 Courtland Boulevard from Low Density Residential (LDR) to Commercial (C). The existing Future Land Use category of Low Density Residential (LDR) is a residential oriented land use designation and allows up to six (6) units per acre. The applicant acquired the subject property from and adjacent landowner in order to gain more horizontal opportunity with the intent of developing a retail use. The applicant has combined the 5,992 square foot area with property addressed as 65 Courtland Blvd. through an exempt subdivision process known as an adjustment of lots of record. However, the 5,992 square foot amendment area is designated as LDR. In order to develop the 5,992 square foot area with City of Deltona Page 4 Printed on 6/4/2020 City Commission Agenda May 6, 2019 the property at 65 Courtland Blvd. at a commercial capacity, the applicant would like to change the land use entitlements to Commercial. The Commercial land use would allow the parcel to be rezoned to BPUD, C-1, C-2, or C-3. The applicant has made an application for a C-1 zoning concurrently with this amendment. The proposed amendment is consistent with the Comprehensive Plan and can be served by existing public infrastructure. For more information related to this request see the attached staff report. The Planning and Zoning Board heard this request on April 17, 2019. The Planning and Zoning Board recommended the City Commission approve the requested Future Land Use Map change from Low Density Residential to Commercial. Approval of this request authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Staff Report Ord No 04-2019 Ordinance No. 04-2019 Map Series B. Public Hearing - Ordinance No. 05-2019, Rezoning request for a 5,992 square foot portion of property located south of 65 Courtland Blvd. from Agriculture (A) to Retail Commercial (C-1), at first reading - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - Provide a strategic focused effort towards economic development throughout the City to enhance existing businesses and attract new businesses. Background: The City of Deltona has received an application to rezone +/-0.138 acres (5,992 sq. ft.) of land located at the northeast corner of the intersection of Doyle Rd. and Courtland Blvd. from Agriculture (A) to Retail Commercial (C-1). The applicant acquired the subject property from an adjacent lot owner in order gain more horizontal opportunity with the intent of facilitating an envisioned retail use. The applicant has combined the 5,992 square foot area with property addressed as 65 Courtland Blvd. The combination was accomplished through an exempt subdivision process City of Deltona Page 5 Printed on 6/4/2020 City Commission Agenda May 6, 2019 known as an adjustment of lots of record. However, the 5,992 square foot area is zoned Agriculture. In order to develop the 5,992 square foot area in combination with the 65 Courtland Blvd. property at a commercial capacity, the applicant would like to change the zoning for the 5,992 square foot area to Retail Commercial (C-1). The requested change will unify the zoning and land development options for both the 65 Courtland Blvd. property and the 5,992 square foot area. The C-1 zoning will allow the applicant to develop the site as a retail store at the scale envisioned while complying with City land development regulations (landscaping, parking, stormwater, access management, etc.). The applicant has applied for a Future Land Use Map amendment from Low Density Residential (LDR) to Commercial (C) concurrently with this request and this rezoning application cannot be adopted at second reading until the Future Land Use Map amendment is accepted by the Florida Department of Economic Opportunity and certified by the Volusia Growth Management Commission. The Planning and Zoning Board heard this request on April 17, 2019. The Planning and Zoning Board recommended the City Commission approve the rezoning request. For more information related to this request see the attached staff report. Approval of this rezoning request authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Staff Report Ordinance No. 05-2019 Map Series C. Public Hearing - Resolution No. 2019-17, Conditional Use request for a private school located at 935 Howland Blvd. - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Internal and External Communication - social services for public benefit. Background: The proposal is to establish a private school on a 6.35 acre tract located at 935 Howland Blvd. The operator of the school will be Deltona Christian School. The property includes paved parking and a 12,300 square foot building. The building and property has been used for a City of Deltona Page 6 Printed on 6/4/2020 City Commission Agenda May 6, 2019 house of worship and was formally owned/occupied by Pine Ridge Fellowship. The Pine Ridge Fellowship property accounted for over 30 acres but has been bought by a private entity. The intent is to expand the use on the 6.35 acre property from a house of worship to also include a private school. The use can be supported by City utilities and there is adequate traffic capacity on nearby Howland Blvd. In addition, with adherence to the proposed conditions of approval, the proposed use will be compatible with the surrounding neighborhood. Therefore, staff recommends the City Commission approve the Conditional Use request for a private school subject to the following conditions: 1) No principal or accessory use shall be located no less than 50 feet from any property line. (All existing buildings comply.) 2) Any development of the property must comply with City parking requirements and landscape buffer regulations. For more information see the attached staff report. Approval of this resolution authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to implement Commission approval of this item. Attachments: Resolution 2019-17 Staff Report CU-19-002 935 Howland location map 935 Howland photo 935 Howland zoning map D. Public Hearing - Ordinance No. 08-2019, Amending Chapter 22, Article V, Garage Sales, at first reading - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Public Safety - strengthen code enforcement. Background: A City Commission workshop was held on June 11, 2018, to discuss the regulations of garage sales and rummage sales within the City of Deltona. The City Commission provided direction to staff and also requested staff present possible amendments to the Ordinance Review Committee (ORC) for review and comment. The ORC discussed the proposed amendments and provided input. City of Deltona Page 7 Printed on 6/4/2020 City Commission Agenda May 6, 2019 Chapter 22, Article V is proposed to be updated to include additions and deletions as per the June 11, 2018 City Commission workshop and review by the ORC. Some of the salient points are as follows: 1. Add the definitions for garage sale and rummage sale events, nonprofit rummage sales, and registration. 2. Revise Section 22-150: Title change from “frequency and duration” to “Garage Sale Event”; change the number of garage sales per year from two (2) to four (4); articulate a garage sale event can be no more than three (3) consecutive days; clarify the hours of operation between 7:00 a.m. and 7:00 p.m.; implement a four (4) week waiting period between garage sale events; and require the registration of a garage sale/rummage sale event with the City of Deltona at no charge. 3. Add Section 22-156 “Garage Sale and Rummage Sale Registration” to require the registration of such events at no charge. 4. Add Section 22-157 “Rummage Sale” to allow non-profit, standalone institutions to conduct rummage sales limited to no more than four (4) events per year; articulate a rummage sale event can be no more than three (3) consecutive days; and require a four (4) week waiting period between sales. 5. Amend Sec. 22-158: Enforcement of failure to register a garage/rummage sale will be cessation of the event. The garage sales/rummage sales amendment effort covers three code chapters: Chapter 110-814(j) “Garage Sale or Yard Sale”, Chapter 102 “Signs”, and Chapter 22, Article V “Garage Sales”. In order to provide clarification and consistency, the garage sales/rummage sales requirements/regulations have been consolidated in Chapter 22, article V. Amendments to Chapter 110 and 102 will be presented in a separate ordinance (Ordinance No. 09-2019). The City Planning and Zoning Board was presented with this Ordinance for review notwithstanding Chapter 22 not commonly being part of the purview of the Planning and Zoning Board. The reason this Ordinance was presented to the Planning and Zoning Board was because the changes affected Chapter 102 (signs) and Chapter 110 (zoning) of the Land Development Code. On April 17, 2019, the Planning and Zoning Board did recommend the City Commission approve Ordinance 08-2019. Approval of this Ordinance authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to implement Commission approval City of Deltona Page 8 Printed on 6/4/2020 City Commission Agenda May 6, 2019 of this item. Attachments: Ordinance No. 08-2019 Exhibit A E. Public Hearing - Ordinance No. 09-2019, Amending Chapter 102 “Signs” and deleting Section 110-814(j) “Garage Sales or Yard Sales”, at first reading - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Public Safety - strengthen code compliance. Background: A City Commission workshop was held on June 11, 2018 to discuss the regulations of garage sales and rummage sales within the City of Deltona. The City Commission provided direction to staff and also requested staff present possible amendments to the City Codes addressing garage sales to the Ordinance Review Committee (ORC) for review and comment. The ORC discussed the proposed amendments and provided input. The garage sales/rummage sales amendment effort covers three code chapters: Chapter 110 Section 110-814(j) “Garage Sales or Yard Sales”, Chapter 102 “Signs”, and Chapter 22, Article V “Garage Sales”. In order to provide clarification and consistency, the garage sales/rummage sales requirements/regulations have been consolidated in Chapter 22, Article V under Ordinance No. 08-2019. Amendments to Chapter 102 and Section 110-814(j) are presented under Ordinance No. 09-2019. Section 110-814(j) “Garage Sales or Yard Sales” is proposed to be deleted and as stated, consolidated within the Chapter 22, Article V garage sale/rummage sale requirements/regulations. Chapter 102 “Signs” is proposed to be updated to regulate garage sale/rummage sale temporary signs. Amendments to Chapter 102 are summarized as follows: 1. Section 102-9 “Exempt Signs”: delete item no. (10) - “Prefabricated garage sale signs to be placed and removed daily during the event” 2. Section 102-10 “Prohibited signs”: Allows garage sale temporary directional signs of no more than four (4) square feet in rights-of-way on the dates of the garage sale. 3. Add new Section 102-12 “Garage Sale and Non-profit Rummage Sale Temporary Sign” requirements. The requirements state a temporary sign permit is not required; a yard/garage sale is limited to five (5) signs of no more than four (4) square feet with the City issued registration number City of Deltona Page 9 Printed on 6/4/2020 City Commission Agenda May 6, 2019 displayed; four (4) of the five (5) signs are required to be directional; signs can be located within right of ways but cannot interfere with sight triangles at intersections; signs are only allowed on the days the garage/rummage sale is conducted; and a provision for enforcement. On April 17, 2019, the City Planning and Zoning Board heard the proposed amendments to Chapters 102 and 110. The Planning and Zoning Board recommended the City Commission approve Ordinance No. 09-2019. Approval authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to implement Commission approval of this item. Attachments: Ordinance No.09-2019 Exhibit A 10. OLD BUSINESS: 11. NEW BUSINESS: A. Consideration of appointment or re-appointment of seven (7) members to the William S. Harvey Deltona Scholarship Advisory Board. - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and External Communication. Background: The terms of all seven (7) members of the William S. Harvey Deltona Scholarship Advisory Board will expire on May 31, 2019. All of the current members have expressed that they wish to be re-appointed to this Board. The City has run press releases, posted the openings on D-TV, the City's web page and bulletin boards. To date the City has received applications from the following individuals: Kelly Creamer and John Cupak. City of Deltona Page 10 Printed on 6/4/2020 City Commission Agenda May 6, 2019 Attachments: William S. Harvey Deltona Scholarship Advisory Board By-Laws William S. Harvey Deltona Scholarship Member List Application-Member Lori Burbank Application-Member Walter Dawson Application-Member Sandra Dillard Application-Member Steve Lightbody Application-Member Ruben Medina Application-Member Harry Meeks Application-Member Cristina Raimundo Application-John Cupak Application-Kelly Creamer B. Consideration of appointment or re-appointment of seven (7) members and four (4) alternate members to the Economic Development Advisory Board. - Joyce Raftery, City Clerk (386) 878-8502 Strategic Goal: Internal and External Communication Background: The terms of all seven (7) of the current members of the Deltona Economic Development Advisory Board (DEDAB) expire May 31, 2019. All members with the exception of Alternate Member Darryl Niles and Member Tanya Boggs, which staff has not received an answer from, have expressed that they wish to be re-appointed to this Board. Also, the terms of all four (4) of the alternate members of the Deltona Economic Development Advisory Board (DEDAB) expire May 31, 2019. The Board/Committee By-Laws were revised at the Regular Commission Meeting held on May 4, 2015 to include these alternate members. The City has run press releases, posted the opening on D-TV, the City's web page and on bulletin boards. To date the City has received applications from the following individuals: Gina Martin, Deborah Ramos and Timothy Tyckoson. If all current members are re-appointed to the Deltona Economic Development Advisory Board (DEDAB), this would allow for the three (3) new applications (Gina Martin, Deborah Ramos and Timothy Tyckoson) to become alternate members. This would leave one alternate member position open. City of Deltona Page 11 Printed on 6/4/2020 City Commission Agenda May 6, 2019 Attachments: Deltona Economic Development Advisory Board By-Laws DEDAB Member List Resignation-Alternate Darryl Niles Application-Member Eric Alexander Application-Member Jean Armstrong Application-Member Tanya Boggs Application-Member Edward Elliot Application-Member Nikhel Jindal Application-Member Robert Koslow Application-Memer Glenn Woodley Application-Gina Martin Application-Deborah Ramos Application-Timothy Tyckoson 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 12 Printed on 6/4/2020