City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Herzberg Vice Mayor Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Monday, November 7, 2022 6:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Mayor Herzberg. 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 Special Commission Meeting of September 26, 2022 and the Regular Commission Meeting of October 17, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: September 26, 2022 SCM Minutes October 17, 2022 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Proclaiming November 2022 -Native American Heritage Month Background: Native American Heritage month has been a recurring monthly event in November since 1990 when former President George H.W. Bush signed a resolution declaring November as Native American Indian City of Deltona Page 1 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 Heritage Month. The contributions of American Indians have enhanced the freedom, prosperity and greatness of our state and nation. Their roots are deeply embedded in this land and we remain committed to preserving and protecting American Indian cultures, languages and history, while ensuring prosperity and opportunity for all American Indians B. Update on Hurricane Ian debris removal efforts. Strategic Goal: Internal/External Communication Background: This item is so staff can provide a verbal update on Hurricane Ian debris removal efforts. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 22-2022, amendment to the City’s Future Land Use Map by changing the Future Land Use designation on a ±34.8-acre area from Commercial (C) to Medium Density Residential (MDR), at first reading - Ron A. Paradise, Community Services Director, (386) 878-8610. Strategic Goal: Community Development Background: The City of Deltona received an application to amend the City’s Future Land Use Map by changing the Future Land Use designation on a ±34.8-acre area from Commercial (C) to Medium Density Residential (MDR). The Future Land Use Map amendment is being processed pursuant to State planning law as a small-scale amendment because the property is less than 50 acres in size. The property was first entitled for commercial uses in 1996. Eventually in the early 2000’s, a portion of the property/amendment area with frontage on Howland Blvd. was rezoned as a Business Planned Unit Development (BPUD). The BPUD commercial uses included a limited amount of land earmarked for a self-storage complex and an anchor tenant designed shopping center with outparcels. The area of land allowed to be developed with a self-storage use was subdivided and developed as the self-storage use known today as Storeaway. The Storeaway property is not part of the 34.8-acre request. To date, the amendment area, notwithstanding the property being entitled under both a BPUD for a shopping center and a straight zoning of C-1 (Retail Commercial District), has not developed at a commercial capacity. The attached staff report contains a detailed analysis as to why the property has not developed as a retail center. The staff report also illustrates the amendment area has potential for other more City of Deltona Page 2 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 employment oriented commercial uses like office and flex space (dock high warehouse). The requested Medium Density Residential (MDR) allows low to midrise residential development formats, including multi-family, within a density range of 6.1 to 12 dwelling units per acre. A proposed residential project for the amendment area is being processed as part of a Residential Planned Unit Development (RPUD) development request. In general, the proposed RPUD is to facilitate a residential development type known as ‘build to rent’. The project will include a residential mixture of single family “cottages” duplexes and townhomes, none of which are proposed to be owner occupied. Please refer to the attached Staff Report for further information. On October 19, 2022, the Planning and Zoning Board heard the Future Land Use Map amendment request. The Board voted 4 to 3 to recommend the City Commission approve the Future Land Use Map amendment. Upon reviewing information relating to the final project presented by the applicant at the Planning and Zoning Board meeting, the initial position of staff has changed from a recommendation of denial to approval. The build to rent project, while not representing a commercial development, does improve the tax base of City. None of the units will be owner occupied and will not be eligible for tax exemptions such as a homestead exemption. The project will also result in more housing options for the City. Staff also suggests the project can be adequately managed/designed through the upcoming Residential Planned Unit Development (RPUD) rezoning request which will be heard by the City Commission to facilitate a high quality, long term viable community. The following list illustrates some of the elements staff will be emphasizing to ensure the project will be first-rate show piece now and into the future (this is not an exhaustive list): 1) Stipulation the project will not be converted to an owner-occupied format without City Commission approval; 2) Provision of extensive amenities to include clubhouse, trails, covered parking, pools, etc; 3) Landscaping to buffer and beautify the project; 4) Robust architectural requirements; and 5) Fair share payment for transportation upgrades; The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. City of Deltona Page 3 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 Attachments: Catalina Pointe Staff Report Map Series Catalina Pointe-TIA Methodology Catalina Pointe Methodology Review Comments Volusia County School Board Capacity Letter Ordinance No. 22-2022 - Catalina Pointe FLUM Amendment Exhibit A for Ord No.22-2022 - Legal Description Exhibit B for Ord No. 22-2022 Ordinance 22-2022 - Ad B. Public Hearing - Ordinance No. 17-2022, Amendment to the Official Zoning Map to rezone ±5.3 acres of land from Agriculture (A) and Single Family (R1) to Business Planned Unit Development (BPUD) at second and final reading - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Community Development. Background: The City of Deltona received an application to rezone approximately 5.3 acres of Deltona incorporated land from Agriculture (A) and Single-Family (R1) to Business Planned Unit Development (BPUD). The BPUD proposal will facilitate the property being developed into a small retail center featuring three (3) lots to support 18,000 square feet of retail space, two (2) open space/retention tracts, and one (1) future development lot. BPUD commercial uses are neighborhood oriented and include restaurants with drive through service and retail options. The subject Marketplace BPUD property is currently mostly vacant, undeveloped and forested. This area is zoned Agriculture but is located within the Activity Center. The Activity Center as the title implies is a strategically located, interstate interchange-oriented area earmarked for intensive urban uses such as range of commercial, office, industrial, and potentially high-density residential uses. Therefore, the Agricultural zoning represents a holding pattern type of classification in anticipation of future urban development. A portion of the property is currently developed as a single-family residence known as Lot 1 of the Timbercrest Plat (Map Book 43, Pages 178-179). This property zoned R1 (Single-Family) was obtained by the applicant to be used for stormwater and to facilitate greater separation/buffering from the adjacent Timbercrest neighborhood. Primary access to the Marketplace BPUD will be Forest Edge Drive to the east and right-of-way known as Permission St. to the west. There City of Deltona Page 4 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 will be no access off of Howland Blvd. The project will generate 3,658 new trips on the City roadway network. To mitigate traffic impacts the applicant will be adding a right turn lane from Forest Edge Dr. to Howland Blvd. In addition, there will be a $159,833.02 fair share payment made to Volusia County. The fair share payment will be used for traffic upgrades to the County thoroughfare network in the area. For more information see the attached staff report. On August 17, 2022, the Planning and Zoning Board heard the rezoning request. The Board voted unanimously to recommend the City Commission approve the rezoning. However, Board members expressed well founded concerns about safe pedestrian access to the project. Some of the concerns about pedestrian safety involved high school students crossing Howland Blvd. In order to address concerns about pedestrian safety, City staff and the applicant will meet with Volusia County Traffic Engineering to explore options to improve safe and expanded pedestrian access to the BPUD site. The applicant has pledged to set up the meeting with the County. A verbal update will be provided at the public hearing. On September 19, 2022, the City Commission heard the Howland Blvd. Market Place BPUD rezoning request. The City Commission voted unanimously to approve this ordinance on first reading. There have been questions about enhanced pedestrian access and safety. The applicant set up a meeting with Volusia County to address potential pedestrian upgrades. Based on the meeting with the County, the applicant is proposing to monitor pedestrian traffic in the area to analyze ways to channelize and otherwise better manage pedestrian traffic. The applicant is also proposing to upgrade the existing sidewalk along the west side of Forest Edge drive to Howland Blvd. from a five (5) foot wide sidewalk to an eight (8) foot wide sidewalk. At the October 17, 2022 meeting the applicant requested a continuance to modify some of the Development Agreement elements related to the ownership characteristics of the property. These changes may be minor but will be discussed by the applicant at the November 7, 2022 meeting. Staff will also be prepared to discuss changes to the Development Agreement. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. City of Deltona Page 5 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 Attachments: 1-Staff Report 8.8.2022_FINAL 2-HBM Map Series 3-19078 Deltona Village TIA v1.3 FINAL.pdf Ordinance No. 17-2022 Exhibit A_Dev. Agreement Ord. No. 17-2022 - Draft aug8 EXHIBIT B-LEGAL DESCRIPTION EXHIBIT C_MASTER DEVELOPMENT PLAN-MDP Legal Ad - Ord 17.PDF C. Public Hearing - Resolution No. 2022-28 Acceptance of Final Plat SD22-0009 - Island Walk South - Ron A. Paradise, Community Services Director, (386) 878-8610. Strategic Goal: Community Development Background: Island Walk South Final Plat Application (SD22-0009) is a proposal to subdivide approximately 15.97 acres of land known as the Three Island Lake South Residential Planned Unit Development (RPUD). The Three Island Lake South Planned Unit Development, including lot sizes, density, access, etc. represents implementation of already determined City policy approved in 2020 (Ordinance No. 09-2020). The proposed subdivision provides for 57 single-family lots (typical 40’x120’), open space tracts, landscape buffer tracts, stormwater tracts, conservation tract, an emergency access tract, dog park tract, and two (2) streets to be dedicated to the City as Public Rights-of-Way (ROW) via Tract S. The subdivision will provide a direct connection to Lake Helen Osteen Road, and provide a stub-out of Island Pond Road to the property to the west. Consistent with Land Development Code Section 96-76, staff received a Performance Bond (bond) in the amount of $2,592,293.00. Review of plats are technical in nature. These reviews involve a range of engineering-oriented matters and represents the implementation of already decided policy - i.e. terms of the Three Island Lake South RPUD. Therefore, based on the technical review of City staff (Development Review Committee), the final plat complies with all standards established in the Three Island Lake South RPUD Development Agreement, Chapter 106 of the City Land Development Code, and Chapter 177, Florida Statutes. Plat details including a location map are part of Exhibit “B” of attached Resolution No. 2022-28. City of Deltona Page 6 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 On October 3, 2022, the City Commission requested the project be reviewed in light of recent flooding within the area. City Public Works staff and a consulting engineer did review the site after the hurricane . A verbal report will be presented to the City Commission on October 17, 2022. This application was deferred at the October 17, 2022 meeting with a request for more study. Since the October 17, 2022 meeting, the 16-acre property has been visited by members of the Planning and Development Services Department and the City Managers Office. The property has been cleared and graded. Infrastructure installation, including utilities and stormwater have been initiated. This activity took place before the Hurricane Ian event. As part of normal site development and construction practices, property grading resulted in the property topography being balanced. No fill material has been imported or exported from the site. After grading, slopes on the property are basically flat. As verified by predevelopment lidar data, the lowest point of the property is located to the east and is associated with the wetland littoral of Lake Tiny. This area has been afforded a 25-foot wetland buffer and has not been altered. Current and post development stormwater run-off will be managed by the creation of four (4) stormwater areas. The field visits to the Island Walk South Plat property revealed no evidence of flooding or inundation for the areas proposed to support future development. As can be expected, the retention areas did show signs of water containment. At the meeting on October 17, there were concerns about a potential for predevelopment sheet flow from the Tiny Lake feature to Three Island Lake area located over a quarter of a mile west from the Tiny Lake system. Staff investigated the land to the west of the plat property. There will no indicators noted that there was any flooding or overland sheet flow from the plat property to the Three Island Lakes limnic system. Information used to determine there was no flooding and/or sheet flow in the vicinity west of the plat property includes the following: 1) Standing water - none noted. 2) Hydraulic benchmarks - no rafting of debris, extensive alluvial deposits, debris drift lines, etc. observed. 3) Vegetation - all vegetation observed are comprised of xerophytic scrub types. 4) Soils - soils are sandy and well drained. Staff did some more detailed reconnaissance of the Lake Tiny drainage basin. Staff found Lake Tiny drains generally south under the private Lake Tiny Road access easement to a forested wetland area . Water flow is then captured by a manmade rim ditch conveyance. The City of Deltona Page 7 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 conveyance (canal/ditch) extends under Howland Blvd. paralleling Hawks Landing Court before out-falling to Lake Butler. Lake Butler is downstream from Three Island Lake. The above Lake Tiny drainage basin information further supports the above findings there was no predevelopment overflow of water from Lake Tiny across the Three Island Lakes property. Based on the above referenced information and the engineering data presented on October 17, the development of the 16-acre Island Walk South project has not contributed to flooding in the area. In addition, the project is appropriately designed and constructed so that future development on the property will not be subject to flooding. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: Resolution No 2022-28 Island Walk South - City of Deltona -Performance Bond 09-06-2022 Resolution 2022-28 - Ad D. Public Hearing - Resolution No. 2022-39, Approval to Transmit the Affordable Housing Advisory Committee 2022 Incentive, Review and Recommendation Report - Ron A. Paradise, Director, Community Services (386) 878-8610. Strategic Goal: Community Development. Background: The State Housing and Initiative Partnership (SHIP) Act, sections 420.907-420.9079, Florida Statues, (hereinafter referred as the SHIP Act) and Chapter 67-37, Florida Administrative Code (FAC), (hereinafter referred to as the ‘SHIP Rule’), establish requirements for SHIP entitlement communities, like Deltona, related to the implementation of the SHIP Act and the SHIP Rule. Consistent with Chapter 420.9076 F.S., local governments which receive funds through the State Housing Initiative Partnership (SHIP) program are required to establish an Affordable Housing Advisory Committee (AHAC) with a mission to prepare an affordable housing incentive review and recommendations report every year. Chapter 420.9076 F.S. requires a local government AHAC to review and provide an analysis of eleven areas that could influence the provision of affordable housing within the jurisdiction. These areas range from the affect impact fees can have on affordable housing to the applicability of providing transit oriented development within the jurisdiction. City of Deltona Page 8 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 The AHAC has served its mandatory duty with the formulation of the attached Affordable Housing Advisory Committee 2022 Incentive, Review and Recommendations Report (Report). The report is structured to provide a summary of AHAC discussions and potential recommendations for each statutory impediment. In some cases, recommendations were not articulated by the AHAC. The AHAC process and report requirements represents a dynamic process that is mandated to be revisited and refined every year. The AHAC as a collective body have made bold recommendations and they have indicated they are ready for next year to better define the Report. The formulation of the Report is necessary to the City to continue to participate in the SHIP program. The City received approximately $600,000 from the SHIP program in 2021 and is anticipated to receive $800,000 from SHIP in the 2022-2023 year. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Transmit the AHAC 2022 Incentive Review and Recommendations Report Advantages: a) The City will continue to be able to participate in the SHIP program and provide housing-related assistance to income-eligible households. b) The report illustrates the City is actively engaged in affordable housing matters and a willing participant in the SHIP program. Disadvantages: a) None. 2. Do not transmit the AHAC 2022 Incentive Review and Recommendations Report Advantages: a) None. Disadvantages: a) The City will no longer be eligible for SHIP funding. b) Would indicate the City is not interested in addressing affordable housing matters within the jurisdiction. Attachments: AHAC Report 2022- Resolution AHAC Report 2022-Deltona- Final Resolution 2022-39 - Ad City of Deltona Page 9 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 7. OLD BUSINESS: A. Request for consideration of contract for James V. Chisholm to serve as Interim City Manager - City Attorney James “Skip” Fowler. Background: At the Special Commission Meeting held on October 12, 2022, the Deltona City Commission voted to appoint Mr. James V. Chisholm as the Interim City Manager effective immediately until such time as a permanent City Manager is hired and to have the City Attorney negotiate a contract to be brought back to the City Commission for approval. At the Regular Commission Meeting held on October 17, 2022, the City Commission voted to appoint Commissioner McCool to sit in on contract negotiation between the City Attorney and the Interim City Manager. Attachments: James V. Chisholm - Contract 8. NEW BUSINESS: 9. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. However, individual Commissioners may wish to respond under their "City Commission Comments". 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) 10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and concerns on the Consent Agenda item(s). Please complete a public participation slip and indicate in the subject line the issue you wish to address. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. 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. City of Deltona Page 10 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 11. CONSENT AGENDA: The Consent Agenda contains items that have been determined to be routine and non-controversial. If discussion is desired by any member of the City Commission, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent Agenda items being pulled. A. Request for approval of the 2023 holiday meeting schedule - Joyce Raftery, City Clerk’s Department (386) 878-8502. Strategic Goal: External and Internal Communication Background: In the past, the Commission has chosen to change the Commission meeting schedule in December due to the holiday season, i.e. combining the two (2) regular meetings in December into one (1) meeting in the middle of the month of December and to have no workshops during the month of December. Attached for the Commission's approval is the proposed schedule for the calendar year 2023 City Commission meetings which includes one (1) Regular Commission Meeting and no workshops for the month of December, 2023. The invocation schedule for 2023 is also included for the Commission's information. Attachments: 2023 Holiday Meeting Schedule 2023 Invocation Meeting Schedule B. Approval of award of RFP#22024 for Emergency Debris Monitoring Services - Mari Leisen, Finance (386) 878-8553. Strategic Goal: Public Safety Background: Staff solicited proposals from companies for Emergency Debris Monitoring Services. Seven proposals were received. The Selection Committee reviewed and scored all of the proposals and then met to see if there was a consensus on which companies would be recommended for award. The consensus is that they recommend award to Tetra Tech as primary followed by Thompson Consulting and Debris Tech, LLC. City of Deltona Page 11 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 Attachments: Tetra Tech_Proposal for RFP 22044 Thompson Consulting Proposal DebrisTech FINAL Proposal.pdf Agreement-Tetra Tech-Emergency Debris Monitoring Exhibit A-Tetra Tech Agreement-Thompson Consulting Services-Emergency Debris Monitoring Exhibit A-Thompson Consulting Agreement-Debris Tech, LLC-Emergency Debris Monitoring Exhibit A-Debris Tech, LLC C. Approval of award of RFP#22043 for Emergency Debris Removal Services - Mari Leisen, Finance (386) 878-8553. Strategic Goal: Public Safety Background: Staff solicited proposals from companies for Emergency Debris Removal Services. Nine proposals were received. The Selection Committee reviewed and scored all of the proposals and then met to see if there was a consensus on which companies would be recommended for award. The consensus is that they recommend award to Ceres Environmental Services, LLC as primary followed by Crowder Gulf Joint Venture and DRC Emergency Services. Attachments: Ceres Response to Deltona RFP #22043 Emergency Debris Removal Services CROWDERGULF FINAL PROPOSAL_DELTONA FL DRC Proposal Ceres Enviromental Services, Inc. Agreement Exhibit A-Ceres pricing Crowder Gulf Agreement Exhibit A-Crowder Gulf pricing DRC Emergency Services Agreement Exhibit A-DRC Emergency Services pricing D. Request for approval to purchase (1) 2023 Ford Maverick Crew Cab 4x4 truck utilizing the Florida Sheriffs Association Cooperative Purchasing Program for a total cost of $30,447.00 for Deltona Code Compliance Supervisor Operations. - Ron Paradise, Department of Community Services Director (386) 878-8610 Strategic Goal: Effective Governance Background: The Deltona Code Compliance Division requests to replace a 2013 Ford Explorer (CC-1315) with the purchase of (1) new Ford Maverick City of Deltona Page 12 Printed on 11/3/2022 City Commission Regular Commission Meeting November 7, 2022 Crew Cab 4x4 truck for a total cost of $30,447.00 based on the Florida Sheriffs Association Contract #FSA22-VEL30.0 for Deltona Code Compliance Supervisor Operations. The request for replacement of the vehicle follows the guidelines of Policy No.: CW-10-003, due to frequency of use, deterioration, high mileage, etc. The City is following a regular replacement cycle for equipment proactively to avoid large unplanned equipment expenses and/or downtime. The quote was requested through the Cooperative Purchasing Program from the Florida Sheriffs Association that, in partnership with the Florida Association of Counties, offers tremendous savings for participating agencies statewide. The $30,477.00 quote submitted by Duval Ford Government Fleet is attached. The Interim City Manager has the authority to make corrections of scrivener’s errors and the like. Attachments: 20221020091840219 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: 16. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 3 business days in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 13 Printed on 11/3/2022