City Commission
Regular MeetingDeltona, FL · February 20, 2023
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, February 20, 2023 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
The meeting was called to order at 6:30 p.m. by Mayor Avila.
2. ROLL CALL – CITY CLERK:
Present: 7 - Mayor Avila
Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner Burbank
Commissioner Colwell
Commissioner JodyLee
Commissioner McCool
3. INVOCATION AND PLEDGE TO THE FLAG:
A. Invocation Presented by the Mayor.
5. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Executive Session and the Regular
Commission Meeting of February 6, 2023 as presented. - Joyce Raftery,
City Clerk (386) 878-8502.
Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee,
to approve the minutes of the Executive Session and the Regular
Commission Meeting of February 6, 2023, as presented. The motion
carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
6. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - VSO End of Year Review presented by Captain Kyle
McDaniel.
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4. 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.
Troy Shimkus, spoke about strange relationship, mental health, attacks, ill intent, language,
open forum, misstep, making City decisions, suicide and violence, damage, and
expectations.
Richard Bellach, Deltona, spoke about Captain McDaniel, safety, attendance, being
undermined, name calling, riots, elections, VSO (Volusia Sheriff's Office), governing body,
land issues, followers and leaders, flood victims, and representation.
Jim Pescha, Deltona, spoke about the moratorium, Lakeshore Straw Project, and being
distracted.
Terri Ellis, Deltona, spoke about Commissioner comments, leaving the workforce,
education, family residents, being tolerant, second amendment, representation, respect,
refereeing, stopping the madness, City Manager contract, CompStat, evaluations,
measuring the City and the future.
Nick Lulli, Deltona, spoke about his appreciation, Facebook assault, hate language,
knowing nobody, education, anger, District 1 resignation, the word "we", responses, silver
lining, community character, his home, non-profits, and getting answers.
Tara D'Errico, Deltona, spoke about Facebook post, being disappointed, experience and
maturity, public comments, being tired, publicity, avoidable actions, us against them,
capitalizing on failures, supporting the Commission, the City's success, healthy debates
and difference of opinion, attacks, time and money spent, doing business, guidance and
teachable moments.
Lelia, spoke about Ethics Complaints.
Adam Vazquez, Deltona, spoke about the Facebook attack, District 1 resignation, LGBTQ
rights of America and The Stonewall Inn, LGBTQ parade, LGBTQ rights, past experiences,
gay marriage, Equality Act, role models and examples, and fighting back against slander.
Gloria Ford, Deltona, spoke about the Facebook post, Nazi poem, Barker's View, being
ashamed, District 1 resignation, representation, lack of confidence, attitude, Commission
decisions, City Manager, decisions made, and listening to constituents.
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Virgil Ford, Deltona, spoke about Facebook attack, no provocation from citizen, being an
embarrassment, and District 1 resignation.
Kathy Bryan, Deltona, spoke about public forum, motions, public forum form, recall petition,
Deltona Police Department, infrastructure and traffic, deputies present, land use workshop,
moratorium, and fighting.
Carolyn Hickerson, Deltona, spoke about community meetings, meeting attendance,
hostility, having a rainbow family, getting along, being respectful, Commissioner attire,
Facebook, District 1 Town Hall, speaking out of turn, doing the right thing, serving Deltona,
having a higher standard, being a diverse community, and District 1 resignation.
Brandy White, Deltona, spoke about Facebook post, responses from residents, City's
website, type of Deltona, Deltona image, starting fresh, creating trust and respect, missed
opportunities, reviving Deltona, Delterrorist, transparency and accountability, humor, being
shut out, meeting attendance, out dated metrics, trying harder, family friendly meetings,
redress and engaging with representatives, actions and inactions, being receptive, and
"your spirit imitating your demons".
David Sosa, Deltona, spoke about decorum, internet policy, the dais, arguing with
residents, berating staff, Delterrorist, Facebook attack, District 1 resignation, addressing
issues, pubic records requests, public records requests, Interim City Manager and the
contract, unprofessional Commissioners, belittling staff, social media, and needing to step
it up.
Manuel Rodriguez, Deltona, spoke about his resume and travels, representation, unity and
respect, decorum and leadership, looking for a home, Deltona being a show/circus, insults,
and shaming the City.
Elbert Bryan, Deltona, spoke about allowing hate, Facebook attack, resigning, three (3)
choices, acting tonight, Florida Statute 836.01, starting an investigation, employment and
ethics violations, policing the residents and the Commission policing themselves, and
doing the right thing.
Jaylene, Deltona, spoke about applauding the audience respect, information and
technology, hatred, doing better, and being family and kid friendly.
Michael Wright, Deltona, spoke about proposed school on Deltona Blvd. and taking a deep
breath.
7. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2023-04, Conditional Use request for a
Childcare Center located at 2300 Howland Boulevard - Joseph Ruiz,
Interim Director, Community Services (386) 878-8624.
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Strategic Goal: Economic Development - Work with existing businesses
to expand/grow.
Motion by Commissioner JodyLee, seconded by Vice Mayor Bradford,
to approve Resolution No. 2023-04, granting a Conditional Use for a
Childcare Center located at 2300 Howland Boulevard with the with the
six (6) conditions as stated before and to add language to state at the
time that additional students/children are requested then the item will
have to come back before the Commission for an expansion of the
conditional use. The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
B. Resolution No. 2023-06, Application requesting to vacate the
Right-of-Way (ROW), described as a 15-foot wide alley within the Beauty
Spot Addition to Orange City Plat. - Joseph Ruiz, Interim Director,
Community Services (386) 878-8624.
Strategic Goal: N/A
Motion by Vice Mayor Bradford, seconded by Commissioner
Avila-Vazquez, to approve Resolution No. 2023-06, accepting the
vacation of the Right-of-Way segment of 15-foot wide alley lying north
of 2090 Galveston Avenue. The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
C. Resolution No. 2023-07 - A resolution approving the final plat for
Vineland Reserve Phase 3 for a 127-lot single-family subdivision
situated on 38.77 acres.
Strategic Goal: Provide a diversity of housing choices in the City.
Interim Planning & Development Services Director Joe Ruiz gave a brief explanation of the
item.
The Commission, staff and the City Attorney spoke about updated school letter and
numbers, an environmental study, more updated information, issues with concurrency,
shortages and numbers, phases, the whole picture, previously presented projects, the
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moratorium, having a full presentation, entitlements, the development processes, Florida
Statutes, and the selling of lots.
Motion by Commissioner Burbank, to approve Resolution No. 2023-07,
approving the Final Plat for Vineland Reserve Phase 3 for a 127-lot
single-family subdivision situated on 38.77 acres.
The motion died for lack of a second.
Applicant Mike McQuarrie, Lennar Homes, 6 Pine Valley Circle, Ormond Beach, spoke
about it being a perfunctory act and not moving the hearing.
Motion by Vice Mayor Bradford, seconded by Commissioner JodyLee,
to continue Resolution No. 2023-07 to a date time certain to March 6,
2023. The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
JodyLee, and Commissioner McCool
Against: 1 - Commissioner Burbank
D. Public Hearing - Resolution No. 2023-01, Conditional Use to allow a
Private School within a Professional Business Zoning - Joseph Ruiz,
Interim Director, Community Services (386) 878-8624.
Strategic Goal: Economic Development - Work with existing businesses
to expand/grow.
Interim Planning & Development Services Director Joe Ruiz gave a presentation on the
item.
The Commission and staff discussed the fence and traffic concerns.
Attorney Joseph Posey, 420 South Nova Road, Daytona Beach, spoke about upgrading
the fence, classroom only instruction, site restraints, and the monitoring system.
The Commission and staff discussed the CRA and eligible funding.
Joe White, owner, DeBary, spoke about the monitoring system, electronic door locks,
security cameras and the front desk.
Motion by Commissioner JodyLee, seconded by Commissioner
Avila-Vazquez, to approve Resolution No. 2023-01, granting a
Conditional Use for a Private School use to be located at 689 Deltona
Boulevard with the five (5) conditions as stated before.
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Mayor Avila opened the public hearing.
Adam Vazquez, Deltona, spoke about love school and kids, four lane roads going into two
lane roads, future lanes, Enterprise Road, drunk driver, bringing commerce, and traffic
concerns.
Mayor Avila closed the public hearing.
The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
8. OLD BUSINESS:
9. NEW BUSINESS:
A. Request for consideration of contract for James V. Chisholm to serve
as City Manager - City Manager.
Motion by Commissioner JodyLee, seconded by Commissioner
McCool, to move the consideration of James V. Chisholm's contract to a
workshop. The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
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.
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.
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A. Contract - Request for approval to expend no more than $40,000.00 in
State of Florida Finance Corporation (SHIP) funds for an
Owner-Occupied Repair project located at 990 Saxon Blvd. - Joseph L.
Ruiz, Assistant Director Planning and Development Services (386)
878-8624.
Strategic Goal: Community redevelopment.
Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to
continue the item to the next Regular Commission Meeting on March 6,
2023. The motion carried by the following vote:
For: 7 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Burbank, Commissioner
Colwell, Commissioner JodyLee, and Commissioner McCool
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Commissioner McCool requested by the next meeting a report on the moratorium,
Lakeshore, Impact Fees, the P&R study.
Commissioner JodyLee requested a forensic audit of the City since 2022. Commissioner
McCool replied the Purvis & Gray audit should be done any day now and she suggested to
wait until that is released and discussion by the Commission.
Commissioner Jodylee requested a consensus to put the water meters out to
bid so they can be installed and do a portion of the meters so staff can work
out the bugs before all the meters are installed and the Commission concurred.
Commissioner McCool requested a timeline for the water meter bid and the City Manager
replied he will try to get the RFP (Request For Proposal) out in the next two weeks.
Commissioner Jodylee requested that the City Manager send out a letter to staff that if a
City Commissioner asks staff a question that staff can provide the answer, not direction but,
questions and the City Manager replied absolutely.
Commissioner Avila-Vazquez requested a CRA Workshop this coming month and the City
Manager replied he will try to do it in March.
Commissioner Avila-Vazquez requested to bring back the Festival of Nations event and
she asked for permission to work with the P&R Director on it.
Commissioner Avila-Vazquez requested an update on the Lakeshore Drive project. The
City Manager replied the project is called the 4-B and the project ran into problems before
he got here but, after he got here they were trying some new techniques and it had
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additional problems. He is not comfortable that the project can even be built. He has to
touch base with some of the other partners in the project because it is not just Deltona, it is
the St. Johns River Water Management District (SJRWMD), Department of Environmental
Protection (DEP) and Deltona who all have a say and see what he can break out of this
project.
Commissioner Avila-Vazquez asked if the community center building and surrounding area
would be fixed up to look better than it does? The City Manager replied in the meantime the
community building will be painted inside/outside, clean up the inside/outside and fix the
vegetation so it is useable and can be put back in use.
Commissioner Avila-Vazquez asked if the boat ramp would stay closed or could it be
opened? The City Manager replied there are some things that will have to happen before
he can open the boat ramp. Piling would need to be removed and some of that will be dealt
with at the time we repurpose the use of that area for a park instead of what it is right now.
He will probably keep the boat ramp and have boating slips available but, that is part of
what we have to work through and it is not something he can commit to right now.
Commissioner McCool requested a timeline for Lakeshore and the City Manager replied
he cannot control all that but, within the next 60 days he will try to have an answer on where it
is going and staff will try to get started on the aesthetics, the community center itself, in the
next 30 days.
Vice Mayor Bradford stated homeowners are starting to receive FEMA funding but, the
funds do not cover the cost of the repairs and where do the residents get the additional
funding needed for repairs. The City Manager replied we are working with affiliates in
Washington on different funding opportunities. There are a lot of options out there that are
not readily available but, we are aware of the issue and are looking to find help. Vice Mayor
requested a meeting to find out more.
Vice Mayor Bradford requested an update on the Lake Theresa erosion. The City Manager
replied it would have to be a part of an overall project. He has asked for $115 million from
the State for a variety of projects associated with Lake Theresa and it has come back to
him that the City probably will not get that money from them. He is going to go back to try
and get the funding necessary to create the design plan that we can implement to solve
those issue and problems. There is a study that has to be done, we have to establish the
minimum lake levels and it is completed and it is different for each of those lakes. Some of
the lakes are tied together and some are not so we have to look at the entire picture. We
have cast our first net with the legislature, we are not quitting and neither should anyone that
has filed and either received money from FEMA or not received enough should continue
filing and pursuing funds. Some of it is how a person applies for it, funding comes from
different pots and there are still funds available. Staff is pushing ahead to create a flood
control mechanism for the lakes.
Mayor Avila asked if the lobbyist has been in contact with the City Manager as to what the
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State is saying and the City Manager replied yes he talked to her today and she is getting
information to us. We are trying to shift funds that we had committed through grants to other
same type uses than what the grant was for initially. We are going to make a pitch to the
legislature meeting next month. Our local legislators are helpful but, Senator Leek is the one
right now that is in control of the Appropriations Committee and has not agreed to fund the
things the City has asked for.
Mayor Avila stated the lobbyist needs to step up. The City Manager replied the lobbyist is
not the total answer in getting things done and we have to be part of the process by talking
to the legislative delegation individually to stress the importance. You will need information
from staff like the cost and the things that are necessary and there will be a package put
together for the legislative itself.
Mayor Avila requested the manager to contact and get a response from the County
Manager as to why Daytona Beach received funding for sand, not Deltona, and beach
erosion and whether there is a grey area for lake erosions. The City Manager replied we
need to talk to the county who has $137 million and the City of Deltona has not received any
of that.
Mayor Avila requested that everyone get a bi-weekly report of all the development projects
in the pipeline, how long they have been there and an estimate of when they will be
approved.
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
The City Manager stated we have a waste water plant initiative which will be part of the
project we are working on to relocate funds from one project to another at the Fisher Plant.
We are beginning our ADA compliance issues and energy efficiency compliance issues
which is consistent with a report that was provided by a consult and we are doing the work
ourselves.
15. CITY COMMISSION COMMENTS:
Commissioner Burbank spoke about Facebook and he requested a report on TPO
(Transportation Planning Organization) report. Commissioner McCool replied she would
provide a written report to the Commission.
Commissioner McCool spoke about the pioneer trail, the current situation, her constituents,
bullies, national and local politics, the Governor, needing assistance, City staff, and doing
better.
Commissioner Jodylee apologized to Mr. Lulli and spoke about Commission
communication, following the rules, why he ran, relationships, working together, Facebook,
serving the people, contacting him for issues, and responding in kind.
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Commissioner Avila-Vazquez spoke about being on vacation, Facebook, not being
involved, she apologized to Mr. Lulli and being responsible for our own actions.
Vice Mayor Bradford spoke about being out of the country, Facebook, changing the
demeanor, being shocked and embarrassed, behaviors reflecting everyone, personal
attacks, she apologized to Mr. Lulli, and social media.
Mayor Avila spoke about why he was elected and he read a statement into the record. He
also spoke about higher standards of conduct, decorum and civility, providing a public
record of disapproval, District 1 resignation, and the Commission not always agreeing.
Mayor Avila passed the gavel to the Vice Mayor.
Motion by Mayor Avila, seconded by Commissioner JodyLee, to
censure Commissioner Burbank.
The Commission and City Attorney discussed censuring vs. censoring, Roberts Rules of
Order, private speech, possibility of liability, possible defamation action, Miami Beach,
stepping out of line, and not tolerating hate speech.
The motion carried by the following vote:
For: 6 - Mayor Avila, Vice Mayor Bradford, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
JodyLee, and Commissioner McCool
Against: 1 - Commissioner Burbank
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:39 p.m.
______________________________
Santiago Avila, Jr., MAYOR
ATTEST:
________________________________
Joyce Raftery, CMC, MMC, CITY CLERK
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Agenda
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Regular Commission Meeting
City Commission
Mayor Avila
Vice Mayor Bradford
Commissioner Avila-Vazquez
Commissioner Burbank
Commissioner Colwell
Commissioner JodyLee
Commissioner McCool
Monday, February 20, 2023 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 the Mayor.
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. 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)
5. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Executive Session and the Regular Commission
Meeting of February 6, 2023 as presented. - Joyce Raftery, City Clerk (386)
878-8502.
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Background: N/A
Attachments: February 6, 2023 Exe. Session Minutes
February 6, 2023 RCM Minutes
6. PRESENTATIONS/AWARDS/REPORTS:
A. Presentation - VSO End of Year Review presented by Captain Kyle McDaniel.
Background: VSO final Compstat report of 2022, including overall crime statistics for
the year. Several high-profile cases in Deltona will be highlighted,
including success stories from the license plate reader technology
(LPR). Discussion of VSO goals and objectives for Deltona in 2023.
Attachments: 2022 Year in Review
7. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2023-04, Conditional Use request for a
Childcare Center located at 2300 Howland Boulevard - Joseph Ruiz, Interim
Director, Community Services (386) 878-8624.
Strategic Goal: Economic Development - Work with existing businesses to
expand/grow.
Background: The Deltona Presbyterian Church complex consists of two buildings.
The house of worship activities are conducted within the principal
sanctuary facility. The second building (family life center) is used for
ancillary worship activities (Sunday school, etc.) The Site Plan and
Landscape Plan for the family life center building was approved on
June 30, 1997.
The City of Deltona has received an application for a Conditional Use
process to allow a childcare center at the property. The childcare center
services include a traditional daycare, voluntary prekindergarten (VPK)
program, and an afterschool childcare use. The childcare service is
proposed to be operated out of the ancillary building. The building was
previously used as a Family Life Center for an after-school program
operated by the YMCA. The applicant proposes to use 8,757 square
feet out of the 15,160 square foot total building area for the childcare
center operation.
Repurposing the 8,757 square feet of existing ancillary building for a
childcare center facility will support a maximum capacity of 53 children
and nine (9) staff.
For more information see the attached staff report and related
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supporting materials.
At the January 18, 2023, Planning and Zoning Board hearing, the
Board voted to recommend the City Commission approve Resolution
No. 2023-04, granting a Conditional Use for a Childcare Center use
located at 2300 Howland Boulevard with the following added
conditions:
1. A new Business Tax Receipt will be required for the new use.
2. The applicant shall maintain a maximum capacity of 53 children
and nine (9) staff members per DCF approval. If the occupancy
load exceeds 53 children with nine (9) staff a revision shall be
submitted to Planning and Development Services for
determination and approval by the DRC, to ensure there is
adequate parking and other internal operational parameters
available to appropriately support the occupancy increase.
3. The applicant shall maintain the access in an orderly manner as
depicted on the Conditional Use Site Plan. Furthermore, the
applicant must maintain the existing 50-ft setbacks along all
property lines, and provide supplement landscape planting
within the buffers along Howland Blvd. and Austin Ave.
4. Prior to the Certificate of Occupancy, the applicant shall provide
an appropriate dumpster location and enclosure design in
accordance with section 110-808(j) of the City of Deltona Land
Development Code. A building permit is required for
construction.
5. The Childcare Center must meet all applicable Florida Statutes
requirements.
6. The Conditional Use approval shall be in accordance with the
Site Plan
“Exhibit A”.
Finally, consistent with LDC Sec. 110-1102(e), a Conditional
Use must have City Commission super majority approval
consisting of no less than five (5) City Commission votes.
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Attachments: Staff Report_ 2300 Howland Blvd. Conditional Use- CU22-0005
Resolution No. 2023-04
Maps Series
Conditional Use Narrative
Department of Children and Families (DCF) Determination Letter
Survey
New Site Plan
Ad - Res 01 & 04.pdf
PowerPoint Presentation
B. Resolution No. 2023-06, Application requesting to vacate the Right-of-Way
(ROW), described as a 15-foot wide alley within the Beauty Spot Addition to
Orange City Plat. - Joseph Ruiz, Interim Director, Community Services (386)
878-8624.
Strategic Goal: N/A
Background: The Beauty Spot Addition to Orange City Plat was recorded in the
Volusia County records in 1924. The design of the original lot sizes and
ROWs established with this paper plat were vintage early 1900s
subdivision design and do not conform to the modern-day lot, roadway,
or infrastructure standards. Much of the developed Beauty Spot
Addition lots located within the City have been developed with
single-family homes of multiple combined platted lots along the existing
improved Galveston Avenue ROW. Many of the paper streets and
alleys connect from Galveston Avenue to I-4 and serves no benefit to
the greater public if improved. They only serve as possible access to
scattered ownership lots, which typically do not meet the R1 zoning
requirements.
This portion of the Beauty Spot Addition to Orange City Plat contains a
15-foot alleyway Right-of-Way to the north of the parcel, that was never
improved for access. This request does not involve scattered lot
ownership as 2090 Galveston Avenue property is one parcel extending
from Galveston Avenue to the I-4 ROW. The owner of 2090 Galveston
Avenue plans to build a 2,551 square footage (SF) dwelling unit in the
Residential District (R1). The Land Development Code, Section
110-307(e) establishes the dimensional requirements for the R1
district, 25 feet of side street yard setback, and the width of the parcel
is approximately 99.5 feet. The ROW abandonment will provide the
applicant with an additional 7.5 feet to accommodate a single-family
home to meet the minimum R1 zoning setbacks, per their home design.
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In this case, the vacation of the ROW would not prohibit any affected
lots from public access. The lots of which the abandonment would
combine to have public access via Galveston Avenue, or platted ROW
to the north. Upon review of the no objection letters by the utility
companies and staff analysis, staff has determined the ROW no longer
serves a benefit to the greater public
Attachments: Resolution No 2023-06 2090 Galveston Ave VE22-0001_NM revision 2.6.23
Location Map 2090 Galveston Ave
Ad - Res 06 & 07.pdf
C. Resolution No. 2023-07 - A resolution approving the final plat for Vineland
Reserve Phase 3 for a 127-lot single-family subdivision situated on 38.77
acres.
Strategic Goal: Provide a diversity of housing choices in the City.
Background: Final Plat application to allow a 127-lot single-family subdivision on
approximately 38.77 acres of land located north side of Doyle Road,
south of Collins Road, and west of Vineland Reserve Phase 2.
The proposed subdivision provides for 127 single-family lots (typical
50’x115’), open space tracts, landscape buffers tracts, drainage tracts,
and three (3) streets to be dedicated to the City as Public
Rights-of-Way (ROW). The subdivision provides a direct connection to
Doyle Road via Vineland Reserve Phase 2, known as Peach Creek
Drive. Per the approved Development Agreement recorded on October
24, 2016 (Book: 7316, Page: 3245), the Vineland Reserve RPUD is
permitted for a total of 279 single-family units. Vineland Reserve Phase
2 previously subdivided a total of 152 single-family lots (Project No.
SD21-0007).
At the February 2, 2023, the Development Review Committee
recommends the City Commission approve Resolution No. 2023-07,
accepting the Final Plat for Phase 3 of the Vineland Reserve
Residential Planned Unit Development, located at 990 Peach Creek
Drive with the following condition:
1. Consistent with Section 96-76, the Letter of Credit
Agreement for the signed and sealed Letter of Credit in the
amount of $2,877,503.55, receive on January 19, 2023, shall
be recorded into the public records prior to or concurrently
with the recordation of the Vineland Reserve Phase 3 Final
Plat.
Review of plats are technical in nature. These reviews involve a range
of engineering-oriented matters and the implementation of already
City of Deltona Page 5 Printed on 2/16/2023
City Commission Regular Commission Meeting February 20, 2023
decided policy - i.e. terms of the Vineland Reserve RPUD. Therefore,
based on the technical review of staff, the final plat complies with all
standards established in the Vineland Reserve 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. 2023-07.
Attachments: Resolution No 2023-07
Vineland Phase 3 Letter of Credit
Map series
Ad - Res 06 & 07.pdf
D. Public Hearing - Resolution No. 2023-01, Conditional Use to allow a Private
School within a Professional Business Zoning - Joseph Ruiz, Interim Director,
Community Services (386) 878-8624.
Strategic Goal: Economic Development - Work with existing businesses to
expand/grow.
Background: The applicant is requesting a change of use through the Conditional
Use process for the property located at 689 Deltona Boulevard. The
property was developed in 1996 with an approximately
8,500-square-foot main structure. The parking facility consists of 30
parking spaces, which includes 28-9’x19’ standard spaces and two (2)
-12’x19’ handicap parking spaces with a five-foot wide striped access
aisle. Currently, the site is served by one (1) 24-foot wide driveway
entrance located on the south side of the property, off of Hazelcrest
Street.
The previous use of this facility was a youth preforming arts center. The
proposal is to repurpose the existing structure for a not-for-profit private
school consisting of five (5) classrooms. Exceptional Learning Institute
(ELI) was established in 2019 and will be managed by Kate Sallade,
MS BCBA, LBA, Ph.D. Candidate. ELI will serve students from
kindergarten through 5th grade with autism and/or learning difficulties.
The school is specialized to provide exceptional education tailored to
the student’s behavior patterns. It helps prepare special need students
grow to their full potential, by becoming self-reliant and productive
individuals. The facility will operate Monday through Friday from 8:30
a.m. to 4:30 p.m., and educate a maximum of 50 students.
For more information see the attached staff report and related
supporting materials.
At the January 18, 2023, Planning and Zoning Board hearing, the
City of Deltona Page 6 Printed on 2/16/2023
City Commission Regular Commission Meeting February 20, 2023
Board voted to recommend the City Commission approve Resolution
No. 2023-01, granting a Conditional Use for a Private School use to be
located at 689 Deltona Boulevard with the following added conditions:
1. A maximum occupancy of 50 students with 10 staff has been
approved. If the occupancy load proposes to exceed 50
students with 10 staff, a new Conditional Use application shall
be submitted to the Planning and Development Services
Department for determination of an expansion to the conditional
use by the DRC, to ensure there is adequate parking for the
occupancy increase, prior to processing a new Conditional Use
application.
2. The private school must meet all applicable Florida Statutes
requirements.
3. A new Business Tax Receipt is required for 689 Deltona
Boulevard.
4. The site shall conform to the approved Site Plan Construction
Drawings, Development Order, and other related documents for
this project.
5. A change of use permit application is required for the new
educational occupancy use.
Finally, consistent with LDC Sec. 110-1102(e), a Conditional Use must
have City Commission super majority approval consisting of no less
than five (5) City Commission votes.
Attachments: Staff Report - 689 Deltona Blvd. Conditional Use - CU22-0006
Resolution No. 2023-01
Applicant Letter
Applicant Letter 2
689 Deltona Blvd. - Aerial Map
689 Deltona Blvd. - Location Map
689 Deltona Blvd. - Zoning Map
689 Deltona Blvd. - FLU Map
689 Deltona Blvd. - Flood Map
Ad - Res 01 & 04.pdf
PowerPoint Presentation
8. OLD BUSINESS:
9. NEW BUSINESS:
A. Request for consideration of contract for James V. Chisholm to serve as City
City of Deltona Page 7 Printed on 2/16/2023
City Commission Regular Commission Meeting February 20, 2023
Manager - City Manager.
Background: At the Regular Commission Meeting held on February 6, 2023, the
Deltona City Commission voted to appoint Mr. James V. Chisholm as
the City Manager for a one-year term at $200,000 a year, no severance
and subject to additional benefits as negotiated by the City Attorney
and memorialized in a contract to be placed on the City Commission
agenda as quickly as practical.
Attachments: Employee Agreement
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.
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. Contract - Request for approval to expend no more than $40,000.00 in State of
Florida Finance Corporation (SHIP) funds for an Owner-Occupied Repair
project located at 990 Saxon Blvd. - Joseph L. Ruiz, Assistant Director Planning
and Development Services (386) 878-8624.
Strategic Goal: Community redevelopment.
Background: The City is an entitlement community and receives funds from the State
Florida Housing Finance Corporation under the Strategic Housing
Initiatives Partnership (SHIP) program. The City operates a State
approved program known as Owner Occupied Rehabilitation (OOR).
The OOR program assist residents with home repairs.
The property located at 990 Saxon Blvd needs extensive repairs,
including but not limited to, a new Roof, new HVAC system, extensive
electrical, including but not limited to the removal and replacement of
both the interior and exterior electrical panels. For more information
see the attached rehabilitation proposal from Parthy Construction.
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City Commission Regular Commission Meeting February 20, 2023
Staff has determined based on income and household size (number of
people residing in the house) the household is considered “low”
income. The income thresholds are predicated on area median income
data derived from the Deltona, Daytona Beach, and Ormond Beach
Municipal Statistical Area (MSA).
Finally, the State funds invested in these properties will be subject to a
non-interest bearing lien with a 15 year life. If the property is sold or
refinanced within the 15 year timeframe, the City will need to be repaid
the money invested in the house. However, if the present owner stays in
the house beyond the 15 year timeframe, the lien is forgiven.
Housing programs administered by the City have several benefits. The
first benefit is to help needy households attain or maintain
homeownership. Homeownership is a prime method for households to
build wealth. Typically, the most valuable household asset is a dwelling
unit. Housing programs, especially Owner Occupied Rehabilitation,
helps maintain and improve the condition of the City housing stock.
Better housing stock is going to protect property values not only for the
houses associated with assistance but with other housing in the vicinity.
Better housing stock equates to a greater overall City tax base benefit.
The Interim City Manager has the authority to make corrections of
scrivener’s errors and the like.
Attachments: 990 Saxon Blvd - Final Scope of Work.pdf
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
City of Deltona Page 9 Printed on 2/16/2023
City Commission Regular Commission Meeting February 20, 2023
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 10 Printed on 2/16/2023
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