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, October 7, 2019 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 McFall. 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 September 16, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: September 16, 2019 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificates for September 2019 Background: Super Star Student of the Month awards for September 2019 will be presented to: City of Deltona Page 1 Printed on 6/4/2020 City Commission Agenda October 7, 2019 1. Deltona Lakes Elementary, Kaleb Ouellette, 5th grade 2. Discovery Elementary, Xavier Ocasio, 5th grade 3. Enterprise Elementary, Moriah Lemire, Kindergarten 4. Friendship Elementary, Tabitha Ashby, 5th grade 5. Pride Elementary, Angelina Bouchard, 5th grade 6. Spirit Elementary, Julien Gonzalez, 4th grade 7. Sunrise Elementary, Rece Watters, 5th grade 8. Timbercrest Elementary, Madi Miller, 5th grade 9. Volusia Pines Elementary, Emily Holdaway, 3rd grade 10. Deltona Middle, Francis Hipolito, 8th grade 11. Galaxy Middle, Jimmie Stone, 8th grade 12. Heritage Middle, Josephine Kendall, 6th grade 13. Deltona High, JodiAnn Taylor, 12th grade 14. Pine Ridge High, JeyLynne Pasciuta, 12th grade 15. University High, Kyle Metiam, 12th grade Attachments: September 2019 Super Star Student Achievements B. Recognition of Deltona Panthers - Ryan Reckley, Director, Parks and Recreation, (386) 878-8902 Background: Recognizing the Deltona Panthers for their assistance during Hurricane Dorian preparation by helping to fill sandbags. Timothy Fincham Alexander Anglero Jayden Campbell Avery Ficco Antonio Vazquez-Torres Destin Lawerence Rylan Krumwiede Kaleb Taylor William Bocker Lisette Bocker Sophia Bocker Alex Anglero Alexandra Anglero Summer Forst Drake Forst Xander Wilson-Beck Daryan Forst Dillon Wilson-Beck Lynn Snedecker Kaiden Witherspoon Cameron Blount Nathanial Tsang Howard Haughton City of Deltona Page 2 Printed on 6/4/2020 City Commission Agenda October 7, 2019 Nicole Storozuk Nick Githens Bert Baumgartner Zackery Baumgartner C. Recognition of State Senator Travis Hutson, State Senator Tom Wright and Representative David Santiago for their assistance in obtaining funds in the amount of $750,000 for the Imbedded Crosswalk Lighting project. Background: The imbedded lights project is proposed to enhance approximately 14 sites to encourage safer pedestrian access which will result in expanded pedestrian travel within the City. D. Proclamation - Hispanic Heritage Month September 15-October 15, 2019 Background: Each year, Americans observe National Hispanic Heritage Month from September 15 to October 15, by celebrating the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America. The observation started in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15. It was enacted into law on August 17, 1988, on the approval of Public Law 100-402. The 2019 theme for this annual tribute is “Hispanic Americans: A History of Serving Our Nation.” Attachments: Hispanic Heritage Month 2019.doc E. Proclamation - Fire Prevention Week October 6-12, 2019 Background: The 2018 Fire Prevention Week theme, “Not Every Hero Wears a Cape. Plan and Practice Your Escape! TM” effectively serves to remind us that we need to take personal steps to increase our safety from fire. Attachments: Fire Prevention Week F. Proclamation - Domestic Violence Awareness Month Background: Domestic Violence is a problem that is not confined to any group or groups of people, but crosses all economic, racial, gender, educational, religious, and social barriers, and is sustained by societal indifference. All citizens are encouraged to speak out against domestic violence and support local efforts to assist victims of these crimes in finding the help and healing they need. City of Deltona Page 3 Printed on 6/4/2020 City Commission Agenda October 7, 2019 Attachments: Domestic Violence Awareness Month Proclamation.doc G. Proclamation - CATALYST Mentor Celebration Background: CATALYST Global Youth Initiatives, Inc., was started in 2010 and serves 28 schools and hundreds of children with mentoring adults from all walks of life. Attachments: Catalyst Mentor Celebration 2019.doc 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 13-2019, Rezoning +85.1 acres from Industrial and Agriculture to Industrial Planned Unit Development (IPUD), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic development - business niche. Background: The +85.1 acre tract is already mostly zoned Industrial and light industrial and distribution uses are permitted in the Industrial classification. The remaining 0.57 acre of the property is zoned Agriculture. However, the property is located within the Activity Center. The Activity Center is a special planning area where urban type of uses including employment centers are envisioned. To implement the provisions of the Activity Center, all significant developments are required to be processed as Planned Unit Developments. The IPUD will allow distribution and light industrial uses as permitted principal uses. However, the storage, processing, handling, manufacturing or transport of hazardous, radioactive, or explosive materials will not be allowed. In addition, heavy industrial uses like foundries or slaughter houses are prohibited. The proposal is to construct an approximate 1.4 million square foot facility within a one million square foot building footprint. (Approximately one million square foot first floor and a little over 400,000 square feet of upper floor mezzanine.) Initially the use will be distribution oriented. Central water and sewer will be provided by Volusia County Utilities. Duke Energy will provide electrical service. During the peak season, the project will generate 2,596 total trips per day. Of the 2,596 trips per day, 336 trips will consist of heavy truck traffic. Non peak season, generally between the months of February and October, traffic generation rates will be much lower for example, during the non peak season there will be 178 truck trips per day - a 47% reduction. Total City of Deltona Page 4 Printed on 6/4/2020 City Commission Agenda October 7, 2019 non peak season trips will be reduced by 20% to 2,083. The heavy truck traffic will be utilizing the SR 472/I-4 interchange as ingress and egress to the facility. Traffic will be managed through access management and transportation mitigation improvement techniques . The access management will involve the construction of turn lanes (including a third lane for a segment of N. Normandy Blvd.), signalization, and an extra right turn lane at the intersection of N . Normandy Blvd. and Graves Av. All access management will be funded and constructed by the applicant. Transportation mitigation improvements include a four lane improvement to Graves Av. from Howland Blvd. to N. Normandy Blvd. Right turn lanes will be required for the Graves Av./ N. Normandy Blvd. intersection and the SR 472/Graves Av. intersection. In addition, there will be an additional left turn lane constructed for the westbound movement from Howland Blvd. to Graves Av. Finally, the left turn lane from N. Normandy Blvd. to Graves Av. will be extended to create additional traffic storage. The above mentioned mitigation will involve the State, County and City. The mitigation improvements will be constructed by the applicant but the costs will be off-set by impact credits. The applicant and the County will be responsible for addressing an impact fee credit arrangement for work on County roads. The traffic improvements are detailed in the attached staff report and Development Agreement. However, a synopsis of the required transportation improvements are summarized in the attached transportation improvements table. For general location of the transportation improvements see the attached transportation improvements map. For more information on the project see the attached staff report . Please note, a written Development Agreement and Master Development plan will be provided under separate cover. As per Sec . 110-1101 regarding rezoning requests, there are several considerations the Commission shall consider. The considerations are as follows and analyzed in the attached staff report: 1) Whether it is consistent with all adopted elements of the comprehensive plan. 2) Its impact upon the environment or natural resources. 3) Its impact upon the economy of any affected area. 4) Notwithstanding the provisions of chapter 86 Code of Ordinances, as it may be amended from time to time, its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems. 5) Any changes in circumstances or conditions affecting the area. 6) Any mistakes in the original classification. City of Deltona Page 5 Printed on 6/4/2020 City Commission Agenda October 7, 2019 7) Its effect upon the use or value of the affected area. 8) Its impact upon the public health, welfare, safety or morals. The Planning and Zoning Board heard the IPUD request on September 18, 2019. The Planning and Zoning Board voted 6 to 1 to recommend the City Commission approve the requested IPUD. Approval of this item authorizes any and all necessary actions, documents or 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 no13-2019projectOsept10_a EXHIBIT B_Legal Description_a Ord No. 13-2019_CC_10.2.19_msg kk_a Map Series_Staff Report Project Normandy Industrial Warehouse TIA_August 2019r BCC Review_Industrial_Warehouse_TIA_Review_08_2019_Final Industrial Warehouse TIA_RAI response_08.26.2019 transportation improvement table.docx CC Layout 3 DA B. Public Hearing - Ordinance No. 12-2019, Rezoning a +55.6 acre parcel from Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Create more diversified and high-quality housing opportunities to provide for all market demands. Background: The property was zoned Residential Planned Unit Development (RPUD) in late 2006. The project was approved with 194 residential units with lot sizes being no less than 5,500 square feet. However, the RPUD Development Agreement (DA) was never executed and the property never developed. Since the project languished for so long, the 2006 RPUD was determined to be obsolete. Therefore, a new RPUD rezoning request was submitted to the City. The proposal is to develop the property, known as the Doudney RPUD, with 220 residential lots accessed by a network residential streets. The typical lot sizes will be 40 X 120 (4,800 square feet) and 50 X 120 (6,000 square feet). The overall density will be 4.0 units per acre. City of Deltona Page 6 Printed on 6/4/2020 City Commission Agenda October 7, 2019 The project will be fully serviced by utilities including central water and sewer provided by Deltona Water. The residential subdivision would generate 2,147 transportation trips. The thoroughfare road network in the vicinity of the project has the capacity to support traffic associated with the RPUD rezoning request. For more information on infrastructure, internal design, environmental characteristics and other elements of the project, see the attached staff report, written Development Agreement and Master Development Plan. As per Sec. 110-1101 regarding rezoning requests, there are several considerations the Commission shall consider. The considerations are as follows and analyzed in the attached staff report: 1) Whether it is consistent with all adopted elements of the comprehensive plan. 2) Its impact upon the environment or natural resources. 3) Its impact upon the economy of any affected area. 4) Notwithstanding the provisions of chapter 86 Code of Ordinances, as it may be amended from time to time, its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems. 5) Any changes in circumstances or conditions affecting the area. 6) Any mistakes in the original classification. 7) Its effect upon the use or value of the affected area. 8) Its impact upon the public health, welfare, safety or morals. The RPUD rezoning request was heard by the City Planning and Zoning (P/Z) Board on September 18, 2019. The P/Z Board held a vote to recommend approval of the project. The vote failed four members to three. Issues with the project were the lots were too small, the project too dense, traffic, and the loss of open space. Approval of this item authorizes any and all necessary actions, documents or 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: 1-Staff Report_ORD NO 12-2019_DOUDNEY_a 2. maps series_a 3-Ord No. 12-2019 Doyle Rd RPUD_DOUDNEY_RZ19-003_7-22-2019_a 4-ORD NO 12-2019_EXHIBIT A_Development Agreement_7-22-2019_a 5-ORD NO 12-2019_EXHIBIT B_LEGAL DESCRIPTION_a Master Development Plan 8-12-19 (02429019x9C973) C. Public Hearing - Ordinance No. 11-2019, Rezoning a +56.3 acre parcel from City of Deltona Page 7 Printed on 6/4/2020 City Commission Agenda October 7, 2019 Agriculture to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Create more diversified and high-quality housing opportunities to provide for all market demands. Background: The property is currently zoned Agriculture. However, the property is designated as Low Density Residential (LDR) on the Future Land Use Map and is earmarked for urban residential uses at a density range of 0 to 6 dwelling units per acre. The proposal is to develop the property, known as the Courtland RPUD, with 210 residential lots accessed by a network of residential streets . The typical lot sizes will be 40 X 120 (4,800 square feet) and 50 X 120 (6,000 square feet). There will be a few larger lots up to 13,000 square feet. The overall density will be 3.95 units per acre. The project will be fully serviced by utilities including central water and sewer provided by Deltona Water. The project will generate 2,058 transportation trips. The thoroughfare road network in the vicinity of the project has the capacity to support traffic associated with the RPUD rezoning request. For more information on infrastructure, internal design, amenities, environmental characteristics and other elements of the project, see the attached staff report, written Development Agreement and Master Development Plan. As per Sec. 110-1101 regarding rezoning requests, there are several considerations the Commission shall consider. The considerations are as follows and analyzed in the attached staff report: 1) Whether it is consistent with all adopted elements of the comprehensive plan. 2) Its impact upon the environment or natural resources. 3) Its impact upon the economy of any affected area. 4) Notwithstanding the provisions of chapter 86 Code of Ordinances, as it may be amended from time to time, its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems. 5) Any changes in circumstances or conditions affecting the area. 6) Any mistakes in the original classification. 7) Its effect upon the use or value of the affected area. 8) Its impact upon the public health, welfare, safety or morals. City of Deltona Page 8 Printed on 6/4/2020 City Commission Agenda October 7, 2019 The RPUD rezoning request was heard by the City Planning and Zoning (P/Z) Board on September 18, 2019. The P/Z Board voted four members to three to not approve a motion to recommend approval of the RPUD rezoning request with conditions. One point of concern was a proposal to connect the new subdivision to a local road named Staten Dr. The intent was to use Staten Dr. as a secondary access point, improve interaction and connectivity of residential areas and minimize trips on the City thoroughfare system. Staten Dr. is stubbed out to the RPUD property, extends through an existing neighborhood associated with Unit 63 Deltona Lakes plat, and intersects with Courtland Blvd. Other issues with the rezoning were the lots were too small, the project too dense, traffic, and the loss of open space. Approval of this item authorizes any and all necessary actions, documents or 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: 1-Staff Report RZ19-001OrdNo11-2019july26_a 2-Ord No 11-2019_Staff Report Map Series_a 3-Ord No. 11-2019 133 S Courtland RPUD_a 4-Exhibit A_Development AgreementCourtland_clean document_a 5-Exhibit B_Legal Description Ord No 11-2019_courtland_a 6-Exhibit C_MDP_ORD NO 11-2019_a 7. OLD BUSINESS: 8. NEW BUSINESS: 9. 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. 10. CONSENT AGENDA: City of Deltona Page 9 Printed on 6/4/2020 City Commission Agenda October 7, 2019 A. Request for approval of the Interlocal Agreement for Provisions of Municipal Services to the City of Deltona - John Peters, Public Works Director, (386) 878-8973. Strategic Goal: Infrastructure, work jointly with Volusia County for Traffic Signalization and Mosquito Control Services. Background: The City of Deltona has contracted with Volusia County for various municipal services in the past and the County has again combined all of these services into one contract for ease of tracking. The County currently provides maintenance and operation of our Traffic Control Devices which promotes an integrated balanced traffic network in Volusia County to benefit the residents. The City also relies on the County for Mosquito Control Services as they have qualified personnel and equipment to perform the test and treatment. The Road and Bridge Division of the County can provide services on an as needed basis for the roadway and drainage infrastructure maintenance or repairs. This Agreement will be in effect until September 30, 2022. Approval of this item authorizes any and all necessary actions, documents or 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: Deltona-COV Interlocal Exp2022 Opticom Informational Sheet 072619 B. Request to grant an exception to the 2016-2019 Local Housing Assistance Plan (LHAP) to facilitate the rehabilitation of a dwelling located at 2810 Coontie Av. for the purpose of achieving the required SHIP program year 2016-2017 very low income set aside - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development - create more high-quality housing opportunities. Background: The City as a SHIP entitlement community is required to spend the money in a manner consistent with income limits and State mandates known as set asides. Set asides are intended to direct SHIP money to a number of preferred clients and industries. For example, a certain amount of every yearly SHIP allocation needs to be spent in the construction trades. To help accomplish the construction trade set aside, the City operates City of Deltona Page 10 Printed on 6/4/2020 City Commission Agenda October 7, 2019 a program known as Owner Occupied Rehabilitation. Owner Occupied Rehabilitation, as the title suggests, funds the rehabilitation of homes for income eligible applicants. The homes have often been subjected to extended periods of deferred maintenance because the homeowner cannot afford to pay for a new roof, HVAC replacement, or other home maintenance. Therefore, under the Owner Occupied Rehabilitation strategy, the City can help address these maintenance deficiencies . Owner Occupied Rehabilitation has helped many within the City stay in their homes. The program has also increased property values and improved the general condition of the City housing stock. Another SHIP set aside requirement is at least 30% of the SHIP money has to be spent on households which are considered to be at the ‘very low income’ (VLI) level. Currently in Deltona, the VLI annual income limits range from $21,450 for a household of one and up to $30,600 for a household of four. The City has always adhered to the SHIP required set asides. However, recently the VLI set aside has been a challenge for the City to achieve. A contributing reason for not achieving the VLI set aside is because the economic position of the City is in much better shape than in the past. In general, households seem to have more resources. The City set aside deficiency is associated with SHIP program year 2016-2017. The solution is to use program year 2016-2017 funds, carried over in compliance with SHIP rules, to assist a VLI applicant. However, any expenditure of the program year 2016-2017 funds would need to correspond with the terms of the 2016-2019 City Local Housing Assistance Plan (LHAP). The LHAP, approved by the City and SHIP administrators, establishes strategies such as Owner Occupied Rehabilitation of which a local government can allocate SHIP funds. Each strategy includes spending limits per project, terms for implementing continued affordability and other parameters. An income qualified VLI applicant needing owner occupied rehabilitation has been identified. The dwelling located at 2810 Coontie Av. is in need of extensive interior renovations, including bathroom replacement, and a new HVAC. However, the total amount of renovations will exceed the $30,000 Owner Occupied Rehabilitation strategy spending limit articulated in the 2016-2019 LHAP. The total cost of the renovation at 2810 Coontie Av., based on contractor estimates, is not expected to exceed $45,000.00 While the Coontie Av. rehabilitation project is in excess of the LHAP $30,000 cap, SHIP administrators have informed the City the project could be undertaken if the City Commission grants an exception to the City LHAP. Therefore, staff suggest the City Commission grant a City of Deltona Page 11 Printed on 6/4/2020 City Commission Agenda October 7, 2019 one-time exception to the 2016-2019 LHAP Owner Occupied Rehabilitation strategy spending limits not to exceed $45,000.00 for the rehabilitation of the house at 2810 Coontie Av. Granting the requested LHAP exception will ensure the City will achieve its required set asides and therefore remain in compliance with SHIP rules and procedures. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 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