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City Commission

Regular Meeting

Deltona, FL · November 4, 2019

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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. City of Deltona Page 1 Printed on 6/3/2020 City Commission Minutes November 4, 2019 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 City of Deltona Page 2 Printed on 6/3/2020 City Commission Minutes November 4, 2019 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. City of Deltona Page 3 Printed on 6/3/2020 City Commission Minutes November 4, 2019 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. City of Deltona Page 4 Printed on 6/3/2020 City Commission Minutes November 4, 2019 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 City of Deltona Page 5 Printed on 6/3/2020 City Commission Minutes November 4, 2019 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 City of Deltona Page 6 Printed on 6/3/2020

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: City of Deltona Page 1 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 2 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 3 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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) City of Deltona Page 4 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 5 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 6 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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: City of Deltona Page 7 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 8 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 9 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 10 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 11 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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: City of Deltona Page 12 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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. City of Deltona Page 13 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 14 Printed on 6/4/2020 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. City of Deltona Page 15 Printed on 6/4/2020 City Commission Agenda November 4, 2019 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 City of Deltona Page 16 Printed on 6/4/2020 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. City of Deltona Page 17 Printed on 6/4/2020

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