City Commission
Regular MeetingDeltona, FL · April 3, 2023
Minutes
City of Deltona
2345 Providence Blvd.
Deltona, FL 32725
Minutes
City Commission
Monday, April 3, 2023 6:30 PM Deltona Commission Chambers
1. CALL TO ORDER:
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 District #4 Commissioner.
4. APPROVAL OF MINUTES & AGENDA:
A. Approval of minutes of the Regular Commission Meeting of March 20,
2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502.
Motion by Commissioner McCool, seconded by Vice Mayor Bradford, to
approve the minutes of the Regular Commission Meeting of March 20,
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
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for March 2023
B. Proclamation - Child Abuse Prevention Month
C. Proclamation - Water Conservation Month
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D. Presentation - Quarterly Reports of City Advisory Boards/Committees -
Joyce Raftery, City Clerk (386) 878-8502.
6. 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).
Allen Baldwin, Carolyn Hickerson, Michele Brown, Douglas MacDonald, Delterrorist 007,
Kathy Bryan, Elbert Bryan, Adam Vazquez, Former Commissioner Sosa, and Dave Munoz
addressed the City Commission.
7. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 04-2023, Request to amend the Deltona
Village Business Planned Unit Development (BPUD) overall
Development Plan/ Master Development Plan increasing the number of
multi-family unit allocation for the BPUD from 414 units to 652 units;
amendment to the Development Agreement approved by Ordinance
No. 21-2009; and rezone an additional 26.57 acres of land to be included
within the Deltona Village BPUD.
Strategic Goal: Provide a diversity of housing choices in the City.
The City Attorney asked that everyone that would like to provide testimony on this item to
stand to be sworn in.
Each Commissioner expressed their ex-parte communications.
Planning & Development Services Acting Director Joe Ruiz gave a brief presentation on
the item to include the BPUD (Business Planned Unit Development) the Amendment
Application Request, Background, the Existing Deltona Village BPUD Site, the Previous
Deltona Village BPUD Amendments, Expansion Parcels, Matters of Consideration, Matters
of Consideration Highlights, and corrections to the Development Agreement.
The Commission and staff discussed the Master Plan, Trip counts, school capacity, the
surrounding area, the project history, equivalency matrix, the moratorium, growth rate,
housing needs, the utilities, the units per acre, the Future Land Use Map, LOS (Level of
Service) Standards, and the economic impact.
Motion by Commissioner JodyLee, seconded by Commissioner
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McCool, to deny Ordinance No. 04-2023, approving the amendment to
the overall Development Plan/Master Development Plan increasing the
number of multi-family unit allocation.
Applicant's Attorney Kim Booker, Booker and Associates, P.A., discussed retail
restaurants, the Master Development Plan, the roadways, traffic analysis and Development
of Regional Impact (DRI), the number of units, school capacity, the Nutty Bavarian, walk able
community, vested rights, design requirements, the projects consistency, the Development
Agreement, and LOS Standards.
The Commission and Attorney Booker discussed the economic development, apartments,
businesses, vested rights, uses, taxes, the Planning & Zoning (P&Z) Board, trees, school
approval, future possibilities, rental cost, affordable housing, restaurants, Integra locations,
school capacity, property rights, jobs, traffic, restaurants, and tabling the item.
Mayor Avila opened and closed the public comments for residents with standing as there
were none.
Mayor Avila opened the public comments.
Kathy Bryan, Adam Vazquez, Elbert Bryan, Carolyn Hickerson, and Brandy White
addressed the City Commission.
Mayor Avila closed the public comments.
The motion carried by the following vote:
For: 4 - Mayor Avila, Commissioner Colwell, Commissioner JodyLee,
and Commissioner McCool
Against: 3 - Vice Mayor Bradford, Commissioner Avila-Vazquez, and
Commissioner Burbank
8. OLD BUSINESS:
9. NEW BUSINESS:
A. Request for approval of recommendations for scholarship awards from
the William S. Harvey Deltona Scholarship Advisory Board - Joyce
Raftery, City Clerk’s Department (386) 878-8502.
Strategic Goal: Internal and External Communication.
Motion by Commissioner Avila-Vazquez, seconded by Vice Mayor
Bradford, to approve the 2023 William S. Harvey Deltona Scholarship
award recipients as presented. The motion carried by the following
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vote:
For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, Commissioner Colwell,
Commissioner JodyLee, and Commissioner McCool
Against: 1 - Mayor Avila
Motion by Commissioner Burbank, seconded by Commissioner
Avila-Vazquez, to approve the additional funds and the amount of the
highest award. The motion carried by the following vote:
For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez,
Commissioner Burbank, Commissioner Colwell,
Commissioner JodyLee, and Commissioner McCool
Against: 1 - Mayor Avila
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.
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
Commissioner McCool requested consensus for a marketing campaign on distracted
driving and the Commission concurred.
Commissioner JodyLee requested to do a street festival in July in District #3 on Deltona
Blvd. and the Commission concurred.
Commissioner JodyLee requested to have the City Manager research building an animal
shelter on 646 Keelhaul Drive and provide an update on the Fire Department training facility
and the Commission concurred.
Mayor Avila requested that the City Manager look into a resident's grievances.
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Commissioner McCool requested that the City Manager look into resident Chris Collier's
request for help.
13. CITY ATTORNEY COMMENTS:
14. CITY MANAGER COMMENTS:
The City Manager spoke about and gave updates on the Deltona Job Fair, the Theresa
Basin, the Straw Project/4B, the water meter project, the roadway resurfacing list, the parks
lighting project, and the upcoming budget projects.
15. CITY COMMISSION COMMENTS:
Commissioner Burbank spoke about hiring Mr. Chisholm.
Commissioner Avila-Vazquez spoke about the New Hope Volunteer Appreciation
Breakfast, the Heritage Middle School tour, the Hispanic Chamber Awards, the Discovery
Elementary Vehicle Day and upcoming Safety Walk, Eggstravaganza, Music in the
Courtyard, the Sunrise Elementary School Dual Language Class Celebration, and
CompStat.
Commissioner JodyLee spoke about City staff, the City Manager's Report, and projects
moving forward.
Commissioner McCool spoke about the TPO (Transportation Planning Organization)
providing helmets, the school concurrency/capacity, the fundraiser for Florida Cancer
Specialists, City staff, legal issues, and audience participation.
Vice Mayor Bradford spoke about the public comments, grant money, legal representation,
City staff, Spruce Up Deltona, and Eggstravaganza.
Commissioner Avila-Vazquez spoke about the West Volusia Community Housing Fair &
Financial Wellness Clinic.
Mayor Avila spoke about the Mayor's Fitness Challenge 5K Fun Run, the Rotary Club 5K
River Run, Eggstravaganza, and City staff.
16. ADJOURNMENT:
There being no further business, the meeting adjourned at 9:49 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, April 3, 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 District #4 Commissioner.
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 March 20, 2023, as
presented. - Joyce Raftery, City Clerk (386) 878-8502.
Background: N/A
Attachments: March 20, 2023 RCM Minutes
5. PRESENTATIONS/AWARDS/REPORTS:
A. Super Star Student of the Month Certificates for March 2023
Background: Super Star Student of the Month awards for March 2023 will be
presented to:
1. Deltona Lakes Elementary, Rosely Borroto Gonzalez, 5th Grade
2. Discovery Elementary, Liam Alexander, 5th Grade
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3. Enterprise Elementary, Chaverika Plaza Robles, 4th Grade
4. Forest Lake Elementary, London Ramos, 2nd Grade
5. Friendship Elementary, Da’Vona Gilbert, Kindergarten
6. Pride Elementary, Chloee Wilson, 5th Grade
7. Spirit Elementary, Ky Foster, 2nd Grade
8. Sunrise Elementary, Rylee Hammond, 4th Grade
9. Timbercrest Elementary, Amar’E Hinds, 3rd Grade
10. Volusia Pines Elementary, Sienna Johnson, 4th Grade
11. Deltona Middle School, Zachariah Lewis, 8th Grade
12. Galaxy Middle, Alice Barton, 7th Grade
13. Heritage Middle, Darielle Alderman, 7th Grade
14. Deltona High, Kyle Kerns, 10th Grade
15. Pine Ridge High, William Faulk, 10th Grade
B. Proclamation - Child Abuse Prevention Month
Background: Proclamation - declaring the month of April as Child Abuse Prevention
Month to promote awareness of abuse and neglect of children, and
urge all Floridians to engage in activities whose purpose is to provide
the optimal environment for healthy child development.
OPTIONS:
C. Proclamation - Water Conservation Month
Background: A proclamation to recognize the month of April as “Water Conservation
Month” in the City of Deltona and encourage each resident, visitor and
business to help protect our precious resource by practicing water
conservation measures and becoming more aware of the need to
conserve water.
D. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce
Raftery, City Clerk (386) 878-8502.
Background: Quarterly Reports of City Advisory Boards/Committees:
1) Affordable Housing Advisory Committee - (Written Report Only)
2) Planning and Zoning Board - (Written Report Only)
3) Team Volusia - (Written Report only)
Attachments: Affordable Housing Adv. - Q1 2023
Planning and Zoning Board - Q1 2023
Team Volusia EDC Deltona - Q1 2023
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6. 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).
7. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 04-2023, Request to amend the Deltona Village
Business Planned Unit Development (BPUD) overall Development Plan/ Master
Development Plan increasing the number of multi-family unit allocation for the
BPUD from 414 units to 652 units; amendment to the Development Agreement
approved by Ordinance No. 21-2009; and rezone an additional 26.57 acres of
land to be included within the Deltona Village BPUD.
Strategic Goal: Provide a diversity of housing choices in the City.
Background: On February 15, 2010, the Deltona Village Business Planned Unit
Development (BPUD) was approved via Ordinance No. 21-2009. The
approved BPUD uses include traditional retail, office, service
commercial, and also allowed light industrial uses. There were
Conditional Use options including an allocation of up to 414 multi-family
units. The intensity of the Deltona Village BPUD was capped at
900,000 square feet of retail. The 900,000 square-foot cap was also
extended to a 38-acre parcel (ICC BPUD site) under similar ownership
located north of Graves Av. and south of the I-4/SR 472 eastbound
interchange off-ramp. The square-foot cap regarding allowed uses such
as multi-family residential was reconciled through an equivalency
matrix. The equivalency matrix is a tool used to convert densities and
intensities so the overall intensity cap is not exceeded.
In 2018, the Deltona Village BPUD (Ordinance No. 10-2018) was
amended by the City to modify minimum lot width and sizes. In addition,
the 2018 amendment changed the 414-unit multi-family conditional use
entitlement to a permitted use within the BPUD.
In 2021, the City Commission approved a second amendment to the
Deltona Village BPUD to include an additional 10.3 acres of Deltona
Retail Holdings, LLC, acquired properties by rezoning into the BPUD
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with no additional intensity/density entitlements.
To date, Deltona Village has developed the Epic movie theater, Race
Trac gas station, and a Burger King fast-food restaurant. Various site
plans have been approved for a Starbucks immediately west of Burger
King (SP21-0011), a 301 multi-family unit complex (currently under
construction) for Integra Myst (SP21-0004), and a 52,800 square-foot
light manufacturing facility (SP22-0007).
The current and third requested amendment via Ordinance No.
04-2023, requests the following:
1.) Amendment to the Overall Development Plan/Master
Development Plan to increase the number of multi-family unit
allocation for the BPUD from 414 units to 652 units;
2.) Amendment to the development agreement approved by
Ordinance No. 21-2009, to update the multi-family unit cap,
include the 26.57 acres, and to clarify remaining entitlements
between the landowner and the City; and
3.) Rezone an additional ±26.57 acres of land to be rezoned and
included within the Deltona Village BPUD.
On March 15, 2023, the Planning and Zoning Board voted (6 to 1) to
recommend approval of Ordinance No. 04-2023 by the City
Commission on March 15, 2023.
For more information please refer to the attached staff report and
attachments.
Attachments: Staff Report
BPUD Map Series
Ordinance 04-2023
Exhibit A - Deltona Village DA Amendment
Exhibit B - Legal Description
Exhibit C - Deltona Village ODP/MDP dated March 3, 2023
Exhibit D - Deltona Village DA dated February 15, 2010
VCSB Capacity Letter - Deltona Village
Deltona Village 3rd Amendment_CC
Ordinance 04-2023 ad
8. OLD BUSINESS:
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9. NEW BUSINESS:
A. Request for approval of recommendations for scholarship awards from the
William S. Harvey Deltona Scholarship Advisory Board - Joyce Raftery, City
Clerk’s Department (386) 878-8502.
Strategic Goal: Internal and External Communication.
Background: The application packets were mailed to each school, placed on the
website and distributed to City facilities. The William S. Harvey Deltona
Scholarship Advisory Board selected 23 applicants to receive the 2023
scholarship awards. The selections were based on the following
criteria: 1) financial need; 2) academic achievement; 3) school; 4)
community and/or leadership activities; 5) special skills and/or talents;
and 6) an essay of 500 to 750 words.
The board met on March 23, 2023 and made two requests. The first is
that the City Commission increase the scholarship funds for 2024 from
$30,000 to $50,000. The second is to change the 2024 packet
contents to reflect the award range of no more than $5,000 (up from
$3,000) and no less than $1,000 to qualified applicants.
Attachments: 22-23 score sheet-1
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.
12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:
13. CITY ATTORNEY COMMENTS:
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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.
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