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, July 1, 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 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 of the Regular Commission Meeting of June 17, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: June 17, 2019 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Legislative Update by State Representative David Santiago and request for funding to conduct a third party water study. Jane Shang, City Manager, (386) 878-8850. Strategic Goals: Internal/External Communication City of Deltona Page 1 Printed on 6/4/2020 City Commission Agenda July 1, 2019 Background: At the last legislation session Governor Ron DeSantis vetoed $200,000 from the state budget for a study of Deltona’s water department. State Representative David Santiago will give a legislative update, discuss the parameters for a third party to conduct a water study for Deltona Water and request funding for the study. 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 7. 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 final 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 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 City of Deltona Page 2 Printed on 6/4/2020 City Commission Agenda July 1, 2019 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. On May 6, 2019, the City Commission voted to approve and transmit the amendment to the Volusia Growth Management Commission (VGMC). On June 4, 2019, the VGMC issued the Consistency Certification. 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: Ordinance No. 04-2019 Staff Report Ord No 04-2019 Map Series VGMC Consistency Certification Letter 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 final 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 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 City of Deltona Page 3 Printed on 6/4/2020 City Commission Agenda July 1, 2019 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. 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. On May 6, 2017, the City Commission at first reading approved the subject rezoning request. As has been stated, the applicant has applied for a small scale Future Land Use Map amendment for the subject property. The land use map amendment is required to ensure consistency between the City zoning regulations and the Comprehensive Plan. Per Florida Statutes, Chapter 163, a small scale map amendment does not become effective until 31 days after adoption. The 31 days represents a challenge period. Therefore, to maintain consistency between the City zoning regulations, the City Comprehensive Plan and State Statutes, this rezoning will not take effect until 31 days after adoption. 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: Ordinance No. 05-2019 Staff Report Map Series C. Public Hearing - Resolution No. 2019-32, conditional use request for the installation of an antenna of no more than 100 feet at the City of Deltona Eastern Waste Water Treatment Plant addressed as 301 11th Av. - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Infrastructure Background: The City is proposing to locate a lattice tower of no more than 100 feet to support the Supervisory Control and Data Acquisition (SCADA) system. The SCADA system will allow the City to more effectively and efficiently monitor, control and otherwise manage the Eastern City of Deltona Page 4 Printed on 6/4/2020 City Commission Agenda July 1, 2019 Wastewater Treatment Plant and other City infrastructure. In addition, the SCADA system will also provide an extra level of site security. The Eastern Waste Water Treatment Plant is located on approximately 52 acres of land. However, only about 10 acres of the property is developed with the facility. The rest of the property is vacant and forested. The tower is proposed to be located in the northeastern corner of the developed area just to the north and slightly east of the large treatment tanks. At this location the tower will be situated away from adjacent properties and far removed from any dwellings. The antenna is going to be a lattice free standing structure. There will be no guy wires needed to support the antenna. (Please note the staff report indicates the tower design will feature guy wires. However, staff has been informed there will be no guy wire support needed for the antenna.) Near the top of the antenna there will be a small dish which will be used to transmit information. For more information see the attached staff report. The Planning and Zoning Board heard this request on June 19, 2019. The Board with one member absent voted unanimously to recommend the City Commission approve the Conditional Use Request. Finally, consistent with Section 110-1102(e), a Conditional Use needs to be approved by a super majority of 5 or more votes. Please be advised 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. Attachments: 2019-32 Resolution_a Staff Report_Liu_2 kka 301_11th_Ave_Project_LocationMap a 301_11th_Ave_Aerial_06_2019 301_11th_Ave_FLU_06_2019 301_11th_Ave_Zoning_06_2019 Eastern WWTP Mircowave Tower Location_a D. Public Hearing - Resolution No. 2019-13, variance request to encroach 3 feet into the required 6 foot side yard setback to accommodate a 12’X24’ carport located at 1327 N. Fowler Dr. - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development - high-quality housing. City of Deltona Page 5 Printed on 6/4/2020 City Commission Agenda July 1, 2019 Background: In 2018 the applicant was cited by Enforcement Services for a non-permitted carport. As part of the Enforcement Services action, it was discovered the carport almost abutted the north property line and did not comply with the 6 foot side yard setback of the R1 zoning applied to the property. Therefore, the carport was not eligible for building permit issuance. The applicants attempted to move the carport out of the setback but the house and related mechanical appurtenances (HVAC system), in light of the 12’ X 24’ dimension of the carport, could not be located without encroaching at least 3 feet into the side yard setback. The request for the carport is to accommodate the on-site storage of a dual axle travel trailer. Through the years there has been an increased demand for storage buildings and on-site parking within the City. The City has allowed the parking and storage of vehicles and the construction of storage buildings. However, the City for many reasons, including promoting the separation of buildings, the affordance of open space, and maintaining neighborhood aesthetic, has established parameters for development and storage. As has been stated, the 6 foot side yard setback distance corresponds to the 6 foot drainage and utility easements (DUE) implemented by the Mackle Brothers as part of the Deltona Lakes Plat . The purpose and intent of the easements is to ensure appropriate utility provision, stormwater attenuation and if necessary accommodate needed drainage works. Allowing owners to make major, permanent investments within the DUE areas diminishes the ability to use these areas and is contrary to the public interest. The City Land Development Code sets standards, including setbacks. While allowing reasonable use of land, those standards are not intended accommodate all land use and development proposals. Finally, the applicant has options for storage and the construction of an enclosed carport/garage (consistent with the design standards of the Code). Therefore, there is no hardship associated with the request. As per the criteria within City Code Sec. 110-1103, variances by their inherent nature are intended to be difficult to achieve. The goal is to promote development patterns which are consistent with the City vision for the developed environment and not create a medley of buildings and uses. In order to grant a variance an unnecessary hardship, not self -imposed, should be identified. In addition, a variance should not be of a reoccurring nature that would warrant a change of ordinance. An example of a bona fide hardship worthy of a variance would be if a City of Deltona Page 6 Printed on 6/4/2020 City Commission Agenda July 1, 2019 government taking of private property through eminent domain created a condition where the literal interpretation of the zoning setbacks would deprive the land owner of reasonable use of their property. In this case, the eminent domain action represents a special condition not of the landowner’s doing and is basically not self-imposed. However, as part of the variance determination there is a burden to minimize setback encroachments and still allow reasonable use of land. Allowing reasonable use is a method of addressing a hardship and is not intended to alleviate the inconvenience caused by the required zoning setbacks. Finally, the granting of a variance would still need to be in harmony with the surrounding neighborhood and the City Comprehensive Plan. For more information see the attached staff report. The Planning and Zoning Board heard this request on June 19, 2019. The Board with one member absent voted 4 to 2 to recommend the City Commission not approve the variance request. The Board members voting to recommend the Commission deny the request cited concerns the request to encroach upon the required 6 foot side yard setback was self-imposed and did not qualify as a hardship. Please be advised 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: Resolution No. 2019-13_a fowler variance march 13 1327 N Fowler Dr Location 1327 N Fowler Dr Aerial 1327 N Fowler Dr FLU 1327 N Fowler Dr Zoning 8. OLD BUSINESS: 9. NEW BUSINESS: A. Consideration of appointment or re-appointment of seven (7) members to the Ordinance Review Committee. - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and External Communications Background: On July, 6, 2015 the City Commission approved Ordinance No. City of Deltona Page 7 Printed on 6/4/2020 City Commission Agenda July 1, 2019 08-2015, creating the Ordinance Review Committee. The terms of all seven (7) members of the Ordinance Review Committee will expire on August 3, 2019. All of the current members have expressed that they wish to be re-appointed to the Ordinance Review Committee. Member Sherwin Kendall was removed from the Ordinance Review Committee at the May 2, 2019 meeting due to numerous absences. 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: Michael Bowman, Scott Bridges, Ernest Steve O’Brien and Caleb Woehr. Attachments: Ordinance No. 08-2015 ORC Member List Removal - Sherwin Kendall Current Applicant - Freeman Current Applicant - Dr. Pfeffer Current Applicant - Post Current Applicant - Shimkus Current Applicant - Taulbee Current Applicant - Taylor Application-Michael Bowman Application-Scott Bridges Application-Ernest Steven O Brien Application-Caleb Woehr B. Request for approval of Resolution No. 2019-34, providing for the amendment of the City Commission’s Operating Guidelines and Meeting Rules and Procedures. Office of the City Attorney, Fowler, O’Quinn, Feeney & Sneed, P.A. Strategic Goals; Internal/External Communication Background: After the last Commission Meeting, it became clear the City Commission needed additional definition as to conduct and speech that substantially disrupts a City Commission Meeting thus preventing the Commission from efficiently conducting the City’s business. All changes are found in bold type under Section 2, D. - Public Hearings. These provisions define disruptive behavior and the process to follow if such occurs. It also provides Florida law as to carrying a concealed City of Deltona Page 8 Printed on 6/4/2020 City Commission Agenda July 1, 2019 weapon in the City Commission meeting - it is prohibited whether the individual has a concealed carry permit and applies to all elected officials. The new language meets the constitutional requirements of content-neutral time, place and manner restrictions in a limited public forum. The language is content neutral, narrowly tailored to serve a significant government interest and leaves open alternative channels of communication (public comment). The City has the right to insist upon decorum at their public meetings and in the orderly conduct of its meetings so that the City can efficiently carry out the business of the City. Attachments: RESOLUTION NO 2019-34 Exhibit A - Deltona Operating Guidelines 10. 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. 11. CONSENT AGENDA: 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). City of Deltona Page 9 Printed on 6/4/2020 City Commission Agenda July 1, 2019 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 6/4/2020