City Commission
Regular MeetingDeltona, FL · November 4, 2019
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, November 4, 2019 5:30 PM 2nd Floor Conference Room
City Manager's Agenda Review
1. CALL TO ORDER:
The meeting was called to order at 5:30 p.m. by Mayor Herzberg.
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 Commissioner Nabicht.
Mayor Herzberg led everyone in the pledge to the flag.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of October 21,
2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
There were no questions or comments regarding this item.
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for October 2019
Vice Mayor Ramos stated that School Board Member Ruben Colon will not be in
attendance, but the Commission will pass out the medals. Commissioner Nabicht
suggested bringing up a principal to handout the medals and Mayor Herzberg replied she
would like Commissioner King to do it.
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B. Proclamation - HOSA - Future Health Professionals
There were no questions or comments on this item.
C. Presentation - Quarterly Reports of City Advisory Boards/Committees -
Joyce Raftery, City Clerk (386) 878-8502.
There were no questions or comments on this item.
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
second and final reading - Ron A. Paradise, Director, Planning and
Development Services (386) 878-8610.
Strategic Goal: Economic development - business niche.
Mayor Herzberg asked if there were any changes and Planning & Development Services
Director Ron Paradise replied he would go over the changes to the Development
Agreement.
City Manager Shang stated she received an email from WKMG TV inquiring about the
development that would be voted on tonight. Mayor Herzberg stated that Gail
Paschall-Brown with WESH will be in attendance and filming this portion of the meeting.
Mayor Herzberg asked if the process will be the same as first reading and City Attorney
Segal-George replied yes and disclosures would be in addition to first reading.
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 second and final 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.
City Manager Shang asked that a prior email be read as part of the record.
City Attorney Segal-George stated this will be the same process as first reading and the
Commission will need to disclose any additional ex parte communications since the last
hearing.
Public Works Director John Peters stated he was asked what the pavement condition
rating was for the streets and it is 63. It is not recommended to pave until it goes below 60
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and there is a sidewalk network in the area so they will be connecting to an existing
sidewalk network. Mr. Paradise stated this information is for Item 6-C.
C. Public Hearing - Ordinance No. 11-2019, Rezoning a +56.3 acre parcel from
Agriculture to Residential Planned Unit Development (RPUD), at second
and final 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.
Mayor Herzberg stated this item is the one the residents do not want the punch through on
Staten Drive and Planning & Development Services Director Ron Paradise replied that is
correct.
City Manager Shang stated within the agenda review the sidewalks, streetlighting, traffic
calming and a request for escrow to identify traffic calming measures were all discussed.
Mayor Herzberg asked if they agreed to this and Mr. Paradise replied yes and they will be
limited traffic construction down that corridor. Mayor Herzberg asked if they were still
looking to punch through Staten Drive and City Manager Shang replied that was the
direction of the Commission.
D. Public Hearing - Ordinance No. 15-2019, Small Scale Future Land Use Map
amendment for an approximately 18,000 square foot parcel located at 1590
Tivoli Dr. from Low Density Residential to Commercial, at first reading -
Ron A. Paradise, Director, Planning and Development Services (386)
878-8610.
Strategic Goal: Determine a business niche.
Planning & Development Services Director Ron Paradise gave a brief explanation of Items
6-D and 6-E and the concerns from a land development standpoint and the creation of a
non-conforming lot. Staff is requesting the items be continued to date certain to December
16, 2019.
City Attorney Segal-George stated that if someone wanted to speak on this item it would
not be part of the official records because the item is being continued and the people will
need to speak when the Commission hears the item.
Mayor Herzerg asked if this was to be a restaurant and Mr. Paradise replied correct.
Commissioner Nabicht questions why the City would take an application on this parcel
when there is nothing that the applicant can do with the lot to get appropriate building and
parking on it. Mr. Paradise replied staff has been discouraging that they press through
under due process rights, just to apply.
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Commissioner King stated he thought the applicant was going to gut the existing house and
use the house as the restaurant and Commission Nabicht replied there is no parking and it
physically cannot happen.
E. Public Hearing - Ordinance No. 16-2019, Rezoning of an approximately
18,000 square foot parcel located at 1590 Tivoli Dr. from R-1, Single Family
to C-1, Retail Commercial, at first reading - Ron A. Paradise, Director,
Planning and Development Services (386) 878-8610.
Strategic Goal: Determine a business niche.
There were no questions or comments on this item.
F. Public Hearing - Resolution No. 2019-33, Variance request to encroach 4.25
feet into the required 25’ front yard setback with a porch; to encroach 6’
into the required 6’ side yard setback with a deck structure; to encroach 5’
into the required 10’ rear yard setback with an approximately 48 square
foot shed and an area of decking; and to encroach 4’ into the required 10’
rear yard setback with an approximately 75 square foot shed - Ron A.
Paradise, Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Public Safety - City beautification
Commissioner Bradford asked where the pictures of the property are that the applicant
submitted and why the photos were not submitted to the Commission. Commissioner
Nabicht and Mayor Herzberg both stated the pictures were sent out to the Commission after
the meeting where they were submitted, sent on September 9, 2019.
Planning & Development Services Director Ron Paradise reminded the Commission that
the variance must be approved by a supermajority vote.
Mayor Herzberg confirmed that he item is everything included in one and not separate and
Mr. Paradise replied correct.
City Attorney Segal-George stated that to grant a variance the applicant has to show a
hardship or special circumstances on the land and not the person. The Planning & Zoning
Board made their decision based on the person, the applicant claimed she had a medical
condition and that was the grounds for the variance.
Vice Mayor Ramos asked if the Commission need to explain why they are voting one way
or another and City Attorney Segal-George replied the City may face legal challenges on
the items tonight and it would be a good idea to explain the vote and it creates a better
record.
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7. OLD BUSINESS:
A. Consideration of one (1) member appointment and one (1) alternate
member appointment to the Deltona Economic Development Advisory
Board. - Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and External Communication.
Mayor Herzberg asked if Commissioner Bradford is ready to make her appointment and
Commissioner Bradford replied yes, Debra Ramos and Mr. Woehr as the alternate
because he has some experience as well.
8. NEW BUSINESS:
A. Consideration of Commissioner King’s appointment to the Planning and
Zoning Board for the remainder of a term to expire on March 15, 2022 -
Joyce Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and external communication.
Mayor Herzberg asked if Commissioner King was ready to make his appointment and
Commissioner King replied he is going to appoint Mark Metzger who is a current alternate
and he suggested appointing Michael Bowman as the alternate member.
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.
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:
A. Request consideration for the Memorandum of Agreement by and
Between the City of Deltona (City) and the State of Florida, Department of
Transportation (FDOT) for the “Beyond the Ultimate I-4” Project (I-4 BTU) -
John Peters, Public Works (386) 878-8973.
Strategic Goal: Infrastructure
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Public Works Director John Peters gave a brief explanation of the item.
Commissioner Nabicht asked what the duration of the agreement was and Mr. Peters
replied it is an open ended agreement for right now and it is a committment that all parties
will continue working together on the project. In 18 to 20 months staff will be coming back to
the Commission with a more formal agreement. Commissioner Nabicht asked if staff
received clarification on I-4 Ultimate from FDOT (Florida Department of Transportation) and
Mr. Peters suggested the Commission add language to the motion that the expectation is
that the City will get clarification on the status of the I-4 Ultimate project, as the project
progresses. Mayor Herzberg asked if Commissioner Nabicht wanted to pull the item and
Commissioner Nabicht replied yes.
B. Request for approval of Resolution No. 2019-57, Initial Assessment
Resolution for the Creation of the Pinewood Subdivision Street Lighting
District - John Peters, Public Works (386)878-8973.
Strategic Goal - Public Safety
There were no questions or comments on this item.
C. Request approval of agreement for Event’s Manager for The Center. - Dr.
Marc Cooper, Deputy City Manager (386) 878-8850.
Strategic Goal: Fiscal Issues
Commissioner Bradford stated she wanted to pull the item because she has questions
about the contract.
11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Mayor Herzberg asked if anyone had any special reports or requests. Commissioner
Nabicht replied he would have two items and Commissioner Bradford stated she will be
requesting a workshop on the community garden.
12. CITY ATTORNEY COMMENTS:
13. CITY MANAGER COMMENTS:
14. CITY COMMISSION COMMENTS:
15. ADJOURNMENT:
There being no further business, the meeting adjourned at 5:59 p.m.
________________________________
Joyce Raftery, CMC, MMC, 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 4, 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 Nabicht.
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 October 21, 2019,
as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: October 21, 2019 Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for October 2019
Background: Super Star Student of the Month awards for October 2019 will be
presented to:
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1. Deltona Lakes Elementary, Dulieth Matamoros Machado, 2nd
grade
2. Discovery Elementary, Brody Mills, 4th grade
3. Enterprise Elementary,Noah Otero, 1st grade
4. Forest Lake Elementary, Alexandra Nunez, 5th grade
5. Friendship Elementary, Georgie Gordian, Kindergarten
6. Pride Elementary, Olivia Hartzog, 4th grade
7. Spirit Elementary, Manuel Collazos Sanchez, 5th grade
8. Sunrise Elementary, Sebastian Ruiz, 4th grade
9. Timbercrest Elementary, Allison Davis, 5th grade
10. Volusia Pines Elementary, Emanuel Inman, 4th grade
11. Deltona Middle, Mariana Dewitt, 8th grade
12. Galaxy Middle, Renn Telles, 7th grade
13. Heritage Middle, Madison Cerbulis, 8th grade
14. Deltona High, Nancy Ann Fischer, 9th grade
15. Pine Ridge High, Katherine Mock, 12th grade
16. University High, Arianna Pearsall, 12th grade
Attachments: October 2019 Super Star Student Achievements
B. Proclamation - HOSA - Future Health Professionals
Background: A proclamation to recognize November 3 - through November 9, 2019
as HOSA - Future Health Professionals week.
Attachments: HOSA.doc
C. 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 - (Written Report Only)
4) Team Volusia - (Written Report Only)
Attachments: DEDAB Q4 2019 - COMMISSION REPORT - 01.06.2020 Presentation
ORC 4th quarter 2019 Quarterly Report_
P&Z 4th quarter 2019 Quarterly Report_
Team Volusia Quarterly Report Deltona Q4 2019
WSH 4th quarter report 2019
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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 second and
final 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
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
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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. 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 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.
The attached Development Agreement (DA) has been extensively
reviewed by the City and the applicant. Notable changes to the DA)
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from what was provided to the City Commission in advance of the first
reading of this project (October 7, 2019) are as follows:
1) Requirement of the installation of streetlights along the N.
Normandy Blvd. corridor and at the intersection of N. Normandy
Blvd. and Graves Av.
2) A lane realignment of N. Normandy Blvd. to the west at and just
south of the intersection of N. Normandy Blvd. and Graves Av.
The lane realignment will occur within existing right of way and
the purpose is to avoid the cost of having to move a Duke
Energy power pole located in the southeast corner of the
intersection of N. Normandy Blvd. and Graves Av.
3) A table has been added to the “Obligations and Improvements”
section of the DA to concisely list performance bond obligations.
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
Access Management & Traffic Mitigation Map
DAprojectnoctober21_a
Exhibit C Master Development Plan.pdf
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 second and final 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
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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.
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.
The Development Agreement has been slightly updated to include
separation features along the eastern boundary of the property. The
separation includes a buffer, a wall for a certain distance and fencing.
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
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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
Development Agreement with exhibits (revised)
Master Development Plan (revised)
C. Public Hearing - Ordinance No. 11-2019, Rezoning a +56.3 acre parcel from
Agriculture to Residential Planned Unit Development (RPUD), at second and
final 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 range between 40 X 120 (4,800 square feet)
and 60 X 120 (7,200 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:
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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 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.
At first reading there was discussion about the status of Staten Dr. The
City Commission did approve vehicular connection with the Courtland
project and Staten Dr. However, there were some questions about
Staten Dr. broached at the first reading. The questions and responses
are as follows:
1) Condition of Staten Dr.: The pavement and shoulders are in
acceptable condition. There are no immediate plans to repave
the segment of Staten Dr. from the existing terminus to
Courtland Blvd.
2) Sidewalks: There is a continuous sidewalk along the north side
of Staten Dr. extending from Courtland Blvd. terminating about
200’ west from the present end of the Staten Dr. pavement. The
developer has agreed to extend the Courtland RPUD sidewalk
network within the existing right of way to this terminus.
3) Streetlights: The Staten Dr. corridor is not illuminated with street
lights. If street lights are determined to be needed those lights
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would be established through a streetlight improvement district.
4) Traffic calming: There are numerous traffic calming strategies.
The strategies range from passive methods like the installation
of informational street signs to structural approaches like speed
bumps. Each approach is associated with degrees of
effectiveness and ramifications. There is no doubt traffic calming
can work to slow down traffic. There can be unintended
consequences like safety challenges and less than ideal traffic
pattern shifts. Therefore, the Staten Dr. corridor should be
studied by Public Works after the Courtland RPUD is
significantly built out to note if a problem exist and if so a
determination of the best course of action. Staff suggest the
developer deposit $20,000 in escrow with the City to permit the
City to both study the Staten Dr. corridor and if warranted take
appropriate action. The threshold for City action would be after
the Courtland RPUD is 75% built out. The escrow deposit will be
made at the same time a Development Order is issued for a
preliminary plat for the first phase within the project. The escrow
deposit will remain until the build out threshold is achieved and
the road is studied.
The Development Agreement has been changed to reduce the density
from 210 units to 196 units. In addition, a buffer along the western
boundary abutting the existing neighborhood will be treated with a
greater buffer ranging from 10’ to 17’ feet in width. The same buffer will
also feature a 6’ white vinyl fence along the western boundary. Finally,
the subdivision design has been changed to establish a logical density
transition from the existing Deltona Lakes neighborhood by placing 60’
wide lots (7,200 square feet) along the western margin of the Courtland
RPUD project. A revised Development Agreement is attached.
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
5-Exhibit B_Legal Description Ord No 11-2019_courtland_a
Development Agreement and MDP
D. Public Hearing - Ordinance No. 15-2019, Small Scale Future Land Use Map
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amendment for an approximately 18,000 square foot parcel located at 1590
Tivoli Dr. from Low Density Residential to Commercial, at first reading - Ron A.
Paradise, Director, Planning and Development Services (386) 878-8610.
Strategic Goal: Determine a business niche.
Background: Ordinance No. 15-2019 is a request is to change the Future Land Use
Designation for an approximately 18,000 square foot Deltona Lakes
platted lot from Low Density Residential to Commercial. The property
has historically been and is currently being used for a residence.
On October 16, 2019, the Planning and Zoning Board heard the
request and along with Ordinance No. 16-2019 continued the request to
the November 20, 2019 Planning and Zoning Board. The purpose of
the continuance is to allow time for the applicant to produce more
information regarding the suitability for the property to support
commercial uses. The applicant is in agreement with the continuance.
Therefore, City staff suggests the City Commission grant a date certain
continuance to the December 16, 2019 meeting for first reading.
Approval of this item 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: Tivoli Dr ORDINANCE NO. 15-2019_09-12-2019 (002)
CP19-0001 Staff Report Tivoli Dr ADA
maps combined
E. Public Hearing - Ordinance No. 16-2019, Rezoning of an approximately 18,000
square foot parcel located at 1590 Tivoli Dr. from R-1, Single Family to C-1,
Retail Commercial, at first reading - Ron A. Paradise, Director, Planning and
Development Services (386) 878-8610.
Strategic Goal: Determine a business niche.
Background: Ordinance No. 16-2019 is a request is to change the zoning on an
approximately 18,000 square foot lot from R1 (Single Family) to C-1
(Retail Commercial). The property has historically been and is currently
being use for a residential use.
On October 16, 2019, the Planning and Zoning Board heard the
request and along with Ordinance No. 15-2019 continued the request to
the November 20, 2019 Planning and Zoning Board. The purpose of
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the continuance is to allow time for the applicant to produce more
information regarding the suitability for the property to support
commercial uses. The applicant is in agreement with the continuance.
Therefore, City staff suggests the City Commission grant a date certain
continuance to the December 16, 2019 meeting for first reading.
Approval of this item 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 16-2019 Tivoli Dr
P&Z Staff Report Tivoli Droct29 ADA
maps combined
F. Public Hearing - Resolution No. 2019-33, Variance request to encroach 4.25
feet into the required 25’ front yard setback with a porch; to encroach 6’ into the
required 6’ side yard setback with a deck structure; to encroach 5’ into the
required 10’ rear yard setback with an approximately 48 square foot shed and
an area of decking; and to encroach 4’ into the required 10’ rear yard setback
with an approximately 75 square foot shed - Ron A. Paradise, Director,
Planning and Development Services (386) 878-8610.
Strategic Goal: Public Safety - City beautification
Background: The applicant is attempting to bring into compliance several structures
which do not comply with the City front, side or rear yard setbacks. The
structures include a front porch an approximately 137 square foot
structure which encroaches 4.25’ into the front yard setback; a deck
structure which extends to the property line and two sheds. One shed is
about 48 square feet and encroaches 5’ into the required 10 foot rear
setback, a finger of decking abutting the 48 square foot shed also
extends 5’ into the rear yard setback and an approximately 75 square
foot shed which encroaches 4’ into the required 10 foot rear setback.
The improvements and encroachments are summarized within the
following table:
Improvement Yard Setbacks Encroachment Amount
Roofed Front Porch (137 square feet) 25’ Front Yard 4.25 feet
Elevated Wood Deck 6’ Side Yard 6 feet
Shed (48 square feet) and Associated Wood Deck 10’ Rear Yard 5
feet
Shed (75 square feet) 10’ Rear Yard 4 feet
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According to the parameters outlined in Sec. 110-1103 the request
does not meet the requirements for a variance. There is no identified
hardship or special circumstances associated with the land. Therefore,
staff is recommending the variance request be denied. For more
information about the property, the variance request, and how the
applicant could come into compliance see the attached staff report.
Finally, consistent with Sec. 110-1001 of the Land Development Code
a variance needs to be approved by a super majority of the City
Commission.
On October 16, 2019, the Planning and Zoning Board (Board) heard
the request. The Board recommended the City Commission approve
the variance request.
Approval of this item 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: 3042 Blaine Cir Staff Report ada
Resolution No. 2019-33
maps series_a
survey
7. OLD BUSINESS:
A. Consideration of one (1) member appointment and one (1) alternate member
appointment to the Deltona Economic Development Advisory Board. - Joyce
Raftery, City Clerk (386) 878-8502.
Strategic Goal: Internal and External Communication.
Background: Deltona Economic Development Advisory Board (DEDAB) member
Robert “Bob” Koslow (Commissioner Bradford’s) resigned October 18,
2019. At the Regular City Commission meeting on October 21, 2019
the City Commission appointed Michael Bowman as an alternate
member, however, he did not apply for the DEDAB and due to his work
schedule is unable to attend the meetings. Mr. Bowman’s name and
application was inadvertently placed on the October 21st agenda by
staff so the alternate position on DEDAB is still vacant which is why this
item is again before the City Commission.
The City has run press releases, posted the opening on D-TV, the
City’s web page and on bulletin boards.
The City has received applications from the following members:
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Deborah Ramos (current alternate member), Manual Rodriguez (current
alternate member), Gina Martin (current alternate member) and Caleb
Woehr.
In addition, the following applicant, Caleb Woehr, has applied to be
appointed to the Planning and Zoning Board which is also on this
agenda for November 4, 2019.
Attachments: DEDAB Member List
DEDAB By-Laws
Resignation-Robert Bob Koslow
Alternate Member-Deborah Ramos
Alternate Member-Manuel Rodriguez
Alternate Member-Gina Martin
Application-Caleb Woehr
8. NEW BUSINESS:
A. Consideration of Commissioner King’s appointment to the Planning and Zoning
Board for the remainder of a term to expire on March 15, 2022 - Joyce Raftery,
City Clerk (386) 878-8502.
Strategic Goal: Internal and external communication.
Background: Mr. Frank Whittock, Commissioner King’s appointment, resigned from
the Planning and Zoning Board on October 15, 2019. Per Article XII.
Planning and Zoning Board, Sec. 110-1200. Creation (b), “The vacancy
shall be filled within 30 days from the time it occurs.” The appointment
will serve for the remainder of a term to expire on March 15, 2022.
The City has run press releases, posted the opening on D-TV, the
City's web page and bulletin boards. To date the City has received
applications from the following individuals: Charles Davidson (current
alternate member), Mark Metzger (current alternate member), Patricia
Northey (current alternate member), Jody Lee Storozuk (current
alternate member), Michael Bowman, Robert Lindemann, Larry Mack,
Michael Williams and Caleb Woehr.
In addition, the following applicant, Caleb Woehr, has applied to be
appointed to the Deltona Economic Development Advisory Board
which is also on this agenda for November 4, 2019.
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Attachments: Planning and Zoning Member List
P&Z Code of Ordinances as of 10-15-2019
Resignation-Frank Whittock
Alternate Member-Charles Davidson
Alternate Member-Mark Metzger
Alternate Member-Patricia Northey
Alternate Member-Jody Lee Storozuk
Application-Michael Bowman
Application-Caleb Woehr
Application-Larry Mack
Application-Michael Williams
Application-Robert Lindemann
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:
A. Request consideration for the Memorandum of Agreement by and Between the
City of Deltona (City) and the State of Florida, Department of Transportation
(FDOT) for the “Beyond the Ultimate I-4” Project (I-4 BTU) - John Peters,
Public Works (386) 878-8973.
Strategic Goal: Infrastructure
Background: The FDOT is constructing, reconstructing and implementing significant
improvements along Interstate 4 (I-4) in Volusia County as part of the I-4
BTU project FM#408464-2-52-01. FDOT has initiated work on the
Design-Build Criteria Package which is a requirement for a
Design-Build construction delivery method. The City and FDOT staff
have discussed the inclusion of certain improvements to Saxon
Boulevard that are necessary for the design and reconstruction of the
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City Commission Agenda November 4, 2019
I-4 and Saxon Boulevard Interchange, and extension of Rhode Island
Avenue, and a new park-n-ride facility near the Rhode Island Avenue
extension, as well as drainage and sanitary sewer improvements
requested by the City.
In December 12, 2016, the City Commission approved the Saxon Vault
and Stormwater Force Main to proceed with the Preliminary Design
Report for the drainage improvements of this project. The strategic
goal for the vault is intended to replace two large ponds using two City
blocks of prime commercial real estate along Saxon Blvd with a vault
using four residential lots along Finland Drive. The strategic goal for
the sewer is to promote commercial development in the Saxon
Boulevard area.
The City is responsible for the design and permit of the Saxon
Boulevard drainage improvements (ongoing). The City is also
responsible for the Saxon Boulevard design-build package and
documents and permitting of the sanitary sewer. Exhibit G of the
Memorandum of Agreement outlines specific responsibilities for the
City and FDOT.
At this time, the construction phase is not funded in the FDOT and/or
City capital improvement work programs. Once the construction phase
becomes funded, the City and FDOT will coordinate construction
schedules to assure, among other things that the City’s installation and
construction of the stormwater force main from the Point of Connection
(POC) to the Alexander Avenue Water Resources Facility (AAWRF) is
complete, fully permitted and completely ready to physically connect to
drainage improvements on or before FDOT completes construction.
Furthermore, FDOT and the City understand and agree that further
agreements will be required in order to actually proceed forward with
the intent of this Memorandum of Agreement.
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: CityOfDeltona_MOU_Exhibits_Compiled.pdf
Deltona MOU I4 Ultimate final.pdf
B. Request for approval of Resolution No. 2019-57, Initial Assessment Resolution
for the Creation of the Pinewood Subdivision Street Lighting District - John
Peters, Public Works (386)878-8973.
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Strategic Goal - Public Safety
Background: The City has received a petition requesting the creation of a new Street
Lighting District for an existing subdivision, Pinewood Subdivision. The
petition bears twenty-nine (29) signatures representing 52% of the
property owners within the proposed district. The Pinewood
Subdivision has existing concrete poles with cobra head fixtures. The
Pinewood Subdivision has 55 platted lots approximately of equal size.
The estimated annual charge per platted lot for the first year is $43.57.
The City shall incur the initial cost with reimbursement through the
non-ad valorem tax assessment on the property owners within the
district.
Attachments: Pinewood Subdivision SL Resolution 2019-57
Pinewood Subdivision Petition
Pinewood Subdivision Plat Book 43, Page 97
C. Request approval of agreement for Event’s Manager for The Center. - Dr. Marc
Cooper, Deputy City Manager (386) 878-8850.
Strategic Goal: Fiscal Issues
Background: Attached is an Agreement for Event’s Manager for The Center. Joe
Hearn is currently a temporary Consultant appointment for The Center
and this agreement will be for a term of two years with the option to
renew for three additional one year terms.
Approval of this item 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: Agreement for Event's Manager
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
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City Commission Agenda November 4, 2019
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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