Muyni
← Back to Deltona

City Commission

Regular Meeting

Deltona, FL · May 22, 2023

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, May 22, 2023 6:00 PM Deltona Commission Chambers DECORUM POLICY: The City of Deltona has a significant interest in conducting orderly and efficient public meetings, which includes preventing disruption, promoting civility, and preserving decorum. To that end, behavior which disrupts or impedes the efficient and orderly conduct of any public meeting, as determined by the Mayor, or presiding officer, or a majority of the City Commission, is not permitted. The Mayor, or presiding officer, or a majority of the City Commission, may interrupt, warn, or terminate a speaker’s statement when that statement is too lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably perceived to be a disruption to the fair and orderly progress of the discussion at hand. The Mayor, or presiding officer, or a majority of the City Commission, may also interrupt any part of the meeting to warn any individual that they are being disruptive or otherwise impeding the efficient and orderly conduct of the meeting. The Mayor, or presiding officer, or a majority of the City Commission, may require any individual to leave a public meeting for its duration if that individual is unable to observe this Policy after being warned. Should an individual be required to leave a meeting for violating this Policy, that person shall be escorted from Commission Chambers by a Volusia County Sheriff’s Deputy. PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will conclude after 30 minutes. Comments during Public Forum are limited to items of City business that are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed Agenda items will take place after discussion of each item. Please be courteous and respectful of the views of others. In order to address the Commission, citizens must fill out a public participation slip and give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to the Mayor or the Commission as a whole. Members of the City Commission shall not enter into discussion or respond to a citizen’s comments other than to give directions or to ask for clarification. However, individual Commissioners may choose to respond under the "City Commissioner Comments" portion of the meeting. Terri Ellis, Sue King, Billy Fowler, Richard Bellach, Tara D'Errico, Kathy Bryan, Brandy White, David Sosa and Barbara Santiago addressed the City Commission. Commissioner JodyLee and Commissioner Colwell arrived at the meeting at 6:14 p.m. BUSINESS MEETING - 6:30 PM City of Deltona Page 1 Printed on 6/6/2023 City Commission Minutes May 22, 2023 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: Present: 6 - Vice Mayor Bradford Commissioner Avila-Vazquez Commissioner Burbank Commissioner Colwell Commissioner JodyLee Commissioner McCool Absent: 1 - Mayor Avila 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by the Mayor. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of May 1, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Avila-Vazquez, seconded by Commissioner McCool, to approve the minutes of the Regular Commission Meeting of May 1, 2023, as presented. The motion carried by the following vote: For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Emergency Medical Services Week- May 21-27, 2023. B. Proclamation - National Police Week 2023 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Rehearing of 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 - Joseph Ruiz, Planning & City of Deltona Page 2 Printed on 6/6/2023 City Commission Minutes May 22, 2023 Development Services (386) 878-8624. Strategic Goal: Provide a diversity of housing choices in the City. Planning & Development Services Director Joe Ruiz stated the applicant has requested a continuance to the next available City Commission meeting. Attorney Kim Booker, Booker and Associates, P.A., stated the reason for the continuance was due to receiving additional information this morning that they would like time to analyze. Commissioner McCool, the City Attorney and Attorney Kim Booker, Booker and Associates, P.A., discussed legal options, the continuance and additional information. Mr. Ruiz stated that any discussions between staff and the applicant that would alter the application would come before the Commission. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Burbank, to continue the hearing to the next available regularly scheduled meeting on June 19, 2023. The motion carried by the following vote: For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool B. Public Hearing - Ordinance No. 05-2023, amendment to the Official Zoning Map to rezone approximately 1.76 acres of land from Business Planned Unit Development (BPUD) to Retail Commercial (C-1) at first reading - Joseph Ruiz, Planning and Development Services Interim Director, (386) 878-8624. Strategic Goal: Develop the Infrastructure and Land Need for Business Development 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 Director Joe Ruiz gave a brief description of the item to include the location, the BPUD (Business Planned Unit Development) zoning, future land use, Catalina Pointe rezoning, traffic, uses allowed and staff recommendation. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Burbank, to approve Ordinance No. 05-2023, amending the Official Zoning Map to rezone 1.76 acres of land from Business Planned Unit City of Deltona Page 3 Printed on 6/6/2023 City Commission Minutes May 22, 2023 Development (BPUD) to Retail Commercial District (C-1) at first reading and schedule the second and final reading for June 19, 2023. The City Manager has the authority to make corrections of scrivener's errors and the like. Attorney Glenn Storch representing the applicant, Storch Law Firm, 420 S. Nova Road, Daytona Beach, gave a brief explanation of the item to include the Catalina Pointe project, the designation, terms of the PUD (Planned Unit Development), and stormwater. Vice Mayor Bradford opened and closed the public hearing as there were no public comments from residents with or without standing. The motion carried by the following vote: For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool C. Public Hearing - Ordinance No. 06-2023 amending the Comprehensive Plan of the City of Deltona, amending the Capital Improvements Element by providing for the replacement of the Capital Improvement Project sheets, at first hearing - Joseph Ruiz, Planning and Development Services Interim Director, (386) 878-8624. Strategic Goal: Provide Sustainable and Effective Public Services Planning & Development Services Director gave a brief explanation of the item. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Burbank, to adopt Ordinance No. 06-2023, approving the 2022-2023 Capital Improvements Element update by providing for the replacement of the Capital Improvement Project sheets at first reading and schedule a second and final reading for June 19, 2023. The City Manager has the authority to make corrections of scrivener's errors and the like. Jim Pescha and Richard Bellach addressed the City Commission. The motion carried by the following vote: For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 7. OLD BUSINESS: 8. NEW BUSINESS: City of Deltona Page 4 Printed on 6/6/2023 City Commission Minutes May 22, 2023 A. Consideration the request from Devin Williamson owner/investor of MADD Assets, LLC for a partial release of lien - Danny Ron, Code Compliance Division (386) 878-8702 and Suzette Cameron, Assistant to the City Manager (386) 878-8615. Strategic Goal: Effective Governance and Productive Government Code Compliance Division Manager Danny Ron gave a brief explanation of the item. The Commission, City Attorney, staff and Mr. Williamson (the property owner) discussed the cross-attached liens, taxes, City costs, fines, and no title search. Motion by Commissioner JodyLee, seconded by Commissioner Colwell, to deny partial release of lien related to 257 Fort Smith Boulevard, Deltona, FL 32738. Brandy White, David Sosa and Richard Bellach addressed the City Commission. The Commission, City Attorney, staff and Mr. Williamson discussed equitable distribution, due diligence, partial reduction, violations, and setting a precedent. The motion carried by the following vote: For: 4 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Colwell, and Commissioner JodyLee Against: 2 - Commissioner Burbank, and Commissioner McCool B. Consideration for a reduction in the fine of $75,100.00 assessed pursuant to Special Magistrate Cases DEL-22-060, DEL-22-061 & DEL-22-062. Mr. Erich Spivey (Real Estate Agent) is present as representation regarding 1299 Fountainhead Drive, Deltona, FL 32725 - Danny Ron, Code Compliance Manager (386) 878-8702 and Suzette Cameron, Assistant to the City Manager (386) 878-8615. Strategic Goal: Code Compliance Division Manager Danny Ron gave a brief explanation of the item. Motion by Commissioner McCool, seconded by Commissioner Burbank, to approve the reduction of fine on all three (3) cases upon the recommendation of the Code Compliance Manager and the Special Magistrate in reference to case numbers DEL22-060, DEL22-061 and DEL22-061, Code Compliance approves the recommendation for the reduction of the fine provided by the Special Magistrate to the sum of City of Deltona Page 5 Printed on 6/6/2023 City Commission Minutes May 22, 2023 $6,000 for all three cases. The owner/requestor is Vermont LLC/Real Estate Agent Erich Spivey for the property located at 1299 Fountainhead Drive, Deltona, Florida 32725. The fine is to be paid within 30 days from today, May 22, 2023, or the fine will revert back to the original amount. The motion carried by the following vote: For: 4 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, and Commissioner McCool Against: 2 - Commissioner Colwell, and Commissioner JodyLee C. Contract - Request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for a Disaster Assistance project located at 1785 Tanner Court. - Suzette Cameron, Assistant to the City Manager (386) 878-8615. Strategic Goal: Housing and Community Development. Assistant to the City Manager Suzette Cameron gave a brief explanation of the item. The Commission and staff discussed the property value, liens, occupancy, hurricane disaster funds, the lien length, and reviewing documentation. Brandy White addressed the City Commission. Motion by Commissioner JodyLee, seconded by Commissioner Burbank, to deny the expenditure of no more than $40,000.00 of the State of Florida Finance Corporation (SHIP) funds for the project located at 1785 Tanner Court. The motion carried by the following vote: For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool 9. 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 6 Printed on 6/6/2023 City Commission Minutes May 22, 2023 10. 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. Motion by Commissioner Avila-Vazquez, seconded by Commissioner McCool, to I move to approve Consent Agenda Items 10-A through 10-E. The motion carried by the following vote: For: 6 - Vice Mayor Bradford, Commissioner Avila-Vazquez, Commissioner Burbank, Commissioner Colwell, Commissioner JodyLee, and Commissioner McCool A. Request approval of Bid Number 23009 for the installation of 5/8” x ¾” Automated Meter Reading (AMR) water meters to Vanguard Utility Service, Inc. in the amount of $547,515 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve Bid Number 23009 for the installation of 5/8” x ¾” AMR water meters to Vanguard Utility Service, Inc. in the amount of $547,515. The City Manager has the authority to make correction of scrivener’s errors and the like. B. Request approval for the direct purchase of a permanent By-Pass Pump from Xylem Dewatering Solutions, utilizing the Florida Sheriffs Association Contract #FSA20-EQU18.0 in the amount of $111,348.40 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Approved by Consent Agenda - to approve the direct purchase of a diesel driven CD180M pump and accessories from Xylem Dewatering Solutions utilizing the Florida Sheriffs Association Contract #FSA20-EQU18.0 in the amount of $111,348.40. The City Manager has the authority to make correction of scrivener’s errors and the like. C. Request approval to award Bid# 23010, Nuisance abatements (lot mowing and property maintenance) for Code Compliance Division. City of Deltona Page 7 Printed on 6/6/2023 City Commission Minutes May 22, 2023 Ronald Riggs Bucket Man, LLC; Ferrells Logistics, LLC; JBJ Operations, LLC and One Tru Solutions, LLC. - Danny Ron, Code Compliance Manager (386) 878-8702 and Suzette Cameron, Assistant to the City Manager (386) 878-878-8615. Strategic Goal: Compliance of Residential and Commercial properties. Approved by Consent Agenda - to approve the award of Bid# 23010 to Ronald Riggs Bucket Man, LLC; Ferrells Logistics, LLC; JBJ Operations, LLC and One Tru Solutions, LLC, to provide service of nuisance abatements (lot mowing and property maintenance) for Code Compliance Division in the amount of $30,000.00 and as approved by the City Commission up to the approved budget amounts for each fiscal year. Award shall be for an initial period of three (3) years with the option to renew for two (2) additional one (1) year terms upon mutual agreement of both parties. D. Approval of Construction Contractors for Housing and Community Development grant programs - Suzette Cameron, Assistant to the City Manager, (386) 878-8615. Strategic Goal: Effective Governance and Productive Government Approved by Consent Agenda - to award RFP#23014 to A Quick Board Up Service, Inc. Parthy, LLC, UDH Contractors, LLC and Votum Construction. E. Request for approval of Resolution No. 2023-10, declaring certain tangible personal property owned by the City as surplus and authorizing the City Manager or designee to dispose of them - Mari Leisen, Finance Department 386-878-8553. Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize alternative funding sources, and promote an effective system of checks and balances. Approved by Consent Agenda - to adopt Resolution No. 2023-10 declaring certain property of the City as surplus and authorize the sale or disposal of such property. The City Manager has the authority to make correction of scrivener’s errors and the like. 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: City of Deltona Page 8 Printed on 6/6/2023 City Commission Minutes May 22, 2023 Commissioner McCool requested the Commission give up their parking area and change it to handicapped parking. Commissioner Burbank requested to move Commission Workshops back to the 2nd Floor Conference Room. Vice Mayor Bradford suggested looking at having the Commission go on the floor in the Chambers for Workshops and the Commission concurred. Commissioner JodyLee requested to discuss the Comprehensive Plan. Vice Mayor Bradford requested an update on the moratorium. 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: Commissioner JodyLee spoke about an animal shelter, new staff, moving forward, the shed ordinance, and permits. Commissioner McCool spoke about the City Attorney, growth and development, educational concurrency, quality of life, law enforcement and demanding better. Commissioner Avila-Vazquez spoke about the affordable housing workshop, the public information staff, hurricane fliers, Deltona Magazine and Pat Northey. Commissioner Burbank spoke about speed signs, the Planning & Development Services Director, and Tanner Court. Vice Mayor Bradford spoke about the FLOW Mobile and new staff. 15. ADJOURNMENT: There being no further business, the meeting adjourned at 8:36 p.m. ______________________________ Santiago Avila, Jr., MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 9 Printed on 6/6/2023 City Commission Minutes May 22, 2023 City of Deltona Page 10 Printed on 6/6/2023

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, May 22, 2023 6:00 PM Deltona Commission Chambers DECORUM POLICY: The City of Deltona has a significant interest in conducting orderly and efficient public meetings, which includes preventing disruption, promoting civility, and preserving decorum. To that end, behavior which disrupts or impedes the efficient and orderly conduct of any public meeting, as determined by the Mayor, or presiding officer, or a majority of the City Commission, is not permitted. The Mayor, or presiding officer, or a majority of the City Commission, may interrupt, warn, or terminate a speaker’s statement when that statement is too lengthy, personally directed, abusive, obscene, irrelevant, or otherwise reasonably perceived to be a disruption to the fair and orderly progress of the discussion at hand. The Mayor, or presiding officer, or a majority of the City Commission, may also interrupt any part of the meeting to warn any individual that they are being disruptive or otherwise impeding the efficient and orderly conduct of the meeting. The Mayor, or presiding officer, or a majority of the City Commission, may require any individual to leave a public meeting for its duration if that individual is unable to observe this Policy after being warned. Should an individual be required to leave a meeting for violating this Policy, that person shall be escorted from Commission Chambers by a Volusia County Sheriff’s Deputy. City of Deltona Page 1 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 PUBLIC FORUM: Public Forum will begin at 6:00 PM at the start of each regular meeting and will conclude after 30 minutes. Comments during Public Forum are limited to items of City business that are listed on the Agenda and/or items that are not listed on the Agenda. Comments regarding listed Agenda items will take place after discussion of each item. Please be courteous and respectful of the views of others. In order to address the Commission, citizens must fill out a public participation slip and give it to the Deputy City Clerk. All citizen comments are limited to 4 minutes and shall be addressed to the Mayor or the Commission as a whole. Members of the City Commission shall not enter into discussion or respond to a citizen’s comments other than to give directions or to ask for clarification. However, individual Commissioners may choose to respond under the "City Commissioner Comments" portion of the meeting. BUSINESS MEETING - 6:30 PM 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. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of May 1, 2023, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: May 1, 2023 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Proclamation - Emergency Medical Services Week- May 21-27, 2023. Background: Proclamation honoring the members of the emergency medical services teams who are ready to provide lifesaving care to those in need 24 hours a day, seven days a week. City of Deltona Page 2 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 B. Proclamation - National Police Week 2023 Background: National Police Week occurs every May to publicly salute the services of law enforcement in the community and is a time for all Americans to pause and reflect on the incredible sacrifices these heroes make for us every day. In 2023 National Police Week is May 14th - 20th 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Rehearing of 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 - Joseph Ruiz, Planning & Development Services (386) 878-8624. 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 multifamily 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 with no additional intensity/density entitlements. City of Deltona Page 3 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 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 Nutty Bavarian light manufacturing facility (SP22-0007). Currently under review are site plans for a 2,600 square-foot Panda Express (SP23-0005), and a 152,000 Store Space Self-Storage facility (SP23-0006). 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 April 3, 2023, the City Commission voted (4 to 3) to deny Ordinance No. 04-2023, due to concerns with the age of the originally approved traffic study (2009) and the requested increase of multi-family unit cap for the project (652-unit cap). Concerns regarding School Concurrency were also expressed. On May 1, 2023, the applicant requested a rehearing of Ordinance No. 04-2023 via the motion filed as allowed by Section 110-1005. - Rehearing and administrative res judicata. The City Commission approved the applicant’s request to rehear the application and scheduled for the next available meeting. Since the April 3, 2023, City Commission, staff contracted the City’s consulting traffic engineer, BCC Engineering. Staff requested BCC provide an update to the trip generation impacts and traffic equivalency matrix of the 2009 Deltona Village Traffic Impact Analysis in comparison to the Institute of Traffic Engineer’s (ITE) Manual, 11th and latest edition. ­ The attached memo finds that the project evaluated under modern trip generation rates would have a net total impact of 24,417 average daily trips (ADTs) and 2,271 PM City of Deltona Page 4 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 Peak Hour Trips as opposed to the originally anticipated 17,808 ADTs and 1,141 PM Peak Hour Trips at full build-out. However, based on the updated traffic equivalency matrix within the memo, the Deltona Village BPUD with the existing and proposed developments would remain compliant with the originally approved 17,808 ADTs, 1,141 PM Peak Hour Trips, and 900,000 square feet of retail at this time. As a method of addressing/accepting the new anticipated impacts per the ITE Manual, 11th edition, for the 24,417 ADTs and 2,271 PM Peak Hour Trips, staff recommends a new proportionate fair share agreement be considered for the difference in transportation impacts, in light of this new data. 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 BCC Traffic Memo 5.1.23 Deltona Village 3rd Amendment_CC Ordinance 04-2023 ad O-04-2023-2nd ad B. Public Hearing - Ordinance No. 05-2023, amendment to the Official Zoning Map to rezone approximately 1.76 acres of land from Business Planned Unit Development (BPUD) to Retail Commercial (C-1) at first reading - Joseph Ruiz, Planning and Development Services Interim Director, (386) 878-8624. Strategic Goal: Develop the Infrastructure and Land Need for Business Development Background: The City of Deltona received an application to rezone approximately 1.76 acres of land located at 2965 Howland Boulevard from Business Planned Unit Development (BPUD) to Retail Commercial (C-1). The property proposed to be rezoned is currently designated as Commercial on the Future Land Use Map (FLUM). The C-1 rezoning request is consistent with the Commercial Land Use City of Deltona Page 5 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 category. In 2001, this parcel was rezoned from County A-3 (Transitional Agriculture) to BPUD (Business Planned Unit Development via Ordinance No. 06-2001). This rezoning effort produced a BPUD with commercial uses (shopping center and out-parcels) and a self-storage facility. The self-storage/mini warehouse use (98,000 square feet) was limited to a predefined tract (now developed as the Storaway self-storage center). The self-storage/mini warehouse use was transferred to different ownership under a separate parcel. The shopping center and out-parcels were never developed. In addition to Parcel No. 8109-00-00-0064 (parcel in reference), Parcel No. 8109-00-00-0070 was part of Ordinance No. 06-2001. This parcel (8109-00-00-0070) was rezoned to C-1 (Neighborhood Commercial) in 2003. On January 17, 2023, the City Commission adopted Ordinance No. 24-2022, rezoning Parcel No. 8109-00-00-0070 from C-1 to RPUD and a large portion of Parcel No. 8109-00-00-0064 from BPUD to RPUD. As has been mentioned, the property fronting on Howland Blvd. was earmarked for retail and service commercial uses as part of the 2001 rezoning to BPUD. The BPUD entitlements have never been utilized and the land has not developed in over 20 years. The requested C-1 zoning represents a commercial project where the intended use is a 6,000-square-foot quality restaurant. This use will serve the existing community and the Catalina Pointe RPUD (cottages, duplex type units, and townhome buildings) to be located south and east of the proposed amendment. A pedestrian trail connection will be designed as part of the Catalina Pointe Master Development Plan (MDP) to provide a pedestrian connection to the restaurant site. For more information see the attached staff report and supporting documentation. On April 19, 2023, the Planning and Zoning Board heard the rezoning request. The Board voted unanimously to recommend the City Commission approve the rezoning. City of Deltona Page 6 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 Attachments: Staff Report Maps DA Ordinance 06-2001 DA Ordinance 24-2022 Catalina Pointe RPUD Catalina Pointe TIA Ordinance 05-2023 EXHIBIT A- Legal description and sketch CC Presentation 5-15-2023 O-05-2023-revised ad C. Public Hearing - Ordinance No. 06-2023 amending the Comprehensive Plan of the City of Deltona, amending the Capital Improvements Element by providing for the replacement of the Capital Improvement Project sheets, at first hearing - Joseph Ruiz, Planning and Development Services Interim Director, (386) 878-8624. Strategic Goal: Provide Sustainable and Effective Public Services Background: Pursuant to Chapter 163.3177(3)(b) F.S., the City Capital Improvements Element of the Comprehensive Plan must be reviewed and updated on an annual basis. It is recommended to send the Capital Improvements Element (CIE) Report to the Department of Economic Opportunity (DEO) when it is adopted by the City Commission each year. Staff has reviewed the current capital improvements for the next five years. The intent of the review is to ensure compliance with the adopted Comprehensive Plan level of service (LOS) standards. This review has been accomplished in collaboration with the City’s Finance Department, Public Works Department, other City Departments, and agencies. Please be advised the Five-Year Capital Plan and projects description are copied from the City budget approved by the City Commission in September of 2022. Therefore, the budgetary information cannot be altered or otherwise modified as part of the CIE update process. On April 19, 2023, the Planning and Zoning Board heard the Capital Improvement Element update and related project sheets. The Planning and Zoning Board voted unanimously to forward this ordinance to the City Commission with a recommendation to approve the Capital Improvement Element update and related project sheets. For more information see the attached Capital Improvement Element update/Level of Service Report and related replacement project City of Deltona Page 7 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 sheets. Attachments: Staff Report CIE 2022-2023 Level of Service Report VCSB Level of Service Chart_SY-2022-2023 Ordinance No. 06-2023.pdf EXHIBIT A O-06-2023 - revised ad 7. OLD BUSINESS: 8. NEW BUSINESS: A. Consideration the request from Devin Williamson owner/investor of MADD Assets, LLC for a partial release of lien - Danny Ron, Code Compliance Division (386) 878-8702 and Suzette Cameron, Assistant to the City Manager (386) 878-8615. Strategic Goal: Effective Governance and Productive Government Background: The property located at 257 Fort Smith Boulevard, Deltona, FL 32738 and 1197 Acorn Court, Deltona. FL 32725 and 1203 Stillwater Avenue, Deltona, FL 32725 were once all originally owned by Mr. Brian K Bromagen. May of 2021 , Mr. Williamson owner/investor of MADD Assets, LLC, 1210 SW 2nd Ave., Okeechobee, FL 34974 purchased the lot located at 257 Fort Smith Boulevard, Deltona, FL 32738. Mr. Williamson is requesting a partial lien release in order to sell the property with a clear title. He purchased the lot from Mr. Brian K. Bromagen for $8,000.00 and has an asking price of $49,000.00. Mr. Williamson has had two (2) potential purchasers and neither deal has come to fruition due to the cross attached liens. This lot has cross attached liens incurred by the original seller and liens have been recorded since 2014, which were present at the time of purchase in 2021. Special Magistrate Liens owed for property located at 1197 Acorn Court, Deltona, FL 32725. Special Magistrate Liens are related to: Improper Parking, Inoperable vehicles and trailers, No Permit for accessory structure, too many vehicles, No Permit for a fence, Outdoor storage and debris. $130,300.00 Municipal Liens owed for property located at 1197 Acorn Court, Deltona, FL 32725. Municipal Liens are related to: Lot Maintenance, Abate the property of outdoor storage and debris on two (2) separate occasions. City of Deltona Page 8 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 $8,062.73 Special Magistrate Liens owed for property located at 1203 Stillwater Avenue, Deltona, FL 32725. Special Magistrate Liens are related to: More than permitted allowed number of vehicles and/or trailers parked on the on property. $25,500.00 $163862.73 This matter was presented before the Special Magistrate hearing on April 26, 2023. Special Magistrate recommended that the City Commission grant a partial release of lien for 257 Fort Smith Boulevard only. Attachments: Property Appraiser -1197 Acorn Ct. Warranty Deed for 257 Fort Smith Blvd. - MADD Assets LLC Property Appraiser - 257 Fort Smith Blvd. Warranty Deed for 1197 Acorn Ct. Payoff Letter - 1197 Acorn Ave. DEL-22-168; DEL-16-203 Rpt of DEL-15-113; D DEL-16-201 1197 ACORN CT. DEL-16-202 1197 ACORN CT. DEL-16-203 1197 ACORN CT. DEL-16-204 1197 ACORN CT. DEL-22-168 MASSEY 1197 ACORN CT. Warranty Deed for 1203 Stillwater Ave. Payoff Letter - 1203 Stillwater Ave. DEL-16-205 & DEL-16-206 (5-16-23) Property Appraiser - 1203 Stillwater Ave. DEL-16-205 1203 STILLWATER AVE. DEL-16-206 1203 STILLWATER AVE. B. Consideration for a reduction in the fine of $75,100.00 assessed pursuant to Special Magistrate Cases DEL-22-060, DEL-22-061 & DEL-22-062. Mr. Erich Spivey (Real Estate Agent) is present as representation regarding 1299 Fountainhead Drive, Deltona, FL 32725 - Danny Ron, Code Compliance Manager (386) 878-8702 and Suzette Cameron, Assistant to the City Manager (386) 878-8615. Strategic Goal: Background: Regarding Cases DEL22-060; DEL22-061 and DEL22-062 . DEL-22-060 Violation: City of Deltona Ordinance Section 18-5, adopting the latest City of Deltona Page 9 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. The total amount due - 223 days @ $100.00 = $22,300.00 Staff time and cost into this case is $640.00 DEL-22-061 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. The total amount due - 227 days @ $100.00 = $22,7 00.00 Staff time and cost into this case is $640.00 DEL-22-062 Violation: City of Deltona Ordinance, Section 18-3 , adopting the latest edition of the Florida Building Code, Section 105.1 which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. The total amount due is 301 days @ $100.00 = $30.100.00 Staff time and cost into this case is $640.00 On April 26, 2023, Real Estate Agent Erich Spivey appeared before the Special Magistrate to request a recommendation to reduce the fine. Ms. Eick stated she was in favor of a reduction in this case. It did take time to come into compliance based on the difficulty of finding a contractor to work on and improve, a structure that was already built. Based on the finding that the property is in full compliance, the Special Magistrate Kristin Eick made a recommendation to reduce the fine to $2000.00 for each case file and stated it would have to go before the City Commission for the decision. (DEL-22-060, DEL-22-061 and DEL-22-062) for a total fine of $6,000.00. City of Deltona Page 10 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 Attachments: DEL-22-060 Massey - 1299 Fountainhead Drive DEL-22-061 Massey - 1299 Fountainhead Drive DEL-22-062 Massey - 1299 Fountainhead Drive C. Contract - Request for approval to expend no more than $40,000.00 in State of Florida Finance Corporation (SHIP) funds for a Disaster Assistance project located at 1785 Tanner Court. - Suzette Cameron, Assistant to the City Manager (386) 878-8615. Strategic Goal: Housing and Community Development. Background: The City is an entitlement community and receives funds from the State Florida Housing Finance Corporation under the State Housing Initiatives Partnership (SHIP) program. The City operates a State approved program known as the Disaster Assistance Program. The Disaster Assistance program assist residents with insurance deductible or home repair assistance that may be required due to a disaster event. The property located at 1785 Tanner Court, is in need of a new Roof, and two new HVAC systems, for more information see the attached rehabilitation proposal. 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 this property will be subject to a non-interest-bearing lien with a 5-year life. If the property is sold or refinanced within the 5-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 5-year timeframe, the lien is forgiven. Attachments: Roof quotes for Tanner Ct..pdf DUNCAN SYNERGY HVAC QUOTE.pdf Duncan OLYMPIC HVAC QUOTE.pdf City of Deltona Page 11 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 9. 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. 10. 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 approval of Bid Number 23009 for the installation of 5/8” x ¾” Automated Meter Reading (AMR) water meters to Vanguard Utility Service, Inc. in the amount of $547,515 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: The City utilized ARC Funding to purchase approximately 35,000 AMR water meters with the remaining funds encumbered for meter installation. Deltona Water Staff have been installing the remote read meters in all new subdivisions as well as with new in-fill home construction. All existing Deltona Water customers require meter replacement, prompting the need to hire a contractor to help facilitate this orderly replacement program. The City solicited bids for installation of the water meters. The bid was broadcast to 1666 companies and there were 32 plan holders and 9 supplemental supplies. Two (2) bids were received from National Metering Services Inc and Vanguard Utility Service, Inc. National Metering Services, Inc. total bid is $564,300 and Vanguard Utility Service, Inc. bid is $547,515. The contract is being presented for an initial 10,000-meter installation with a period of performance of two years and may renew annually upon satisfactory review of the work and upon agreement by both parties. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City City of Deltona Page 12 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 Manager to sign any documents necessary to further Commission approval of this item. Attachments: Water Meter Installation Bid Tabulation #23009 National Metering Services Bid Vanguard Utility Service Bid B. Request approval for the direct purchase of a permanent By-Pass Pump from Xylem Dewatering Solutions, utilizing the Florida Sheriffs Association Contract #FSA20-EQU18.0 in the amount of $111,348.40 - Glenn Whitcomb, Public Works/Deltona Water (386) 878-8929. Strategic Goal: Infrastructure Background: This is a Capital Improvement Project that was approved in the FY 22-23 budget. The Elkcam Boulevard Lift Station is one of several Master Lift Stations in the City and has a very high volume of flow. This permanent by-pass pump will significantly reduce the risk of an overflow in the event of a power or internal electrical submersible pump failure within the Lift Station. 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: Xylem By Pass Pump Quote 5.23 C. Request approval to award Bid# 23010, Nuisance abatements (lot mowing and property maintenance) for Code Compliance Division. Ronald Riggs Bucket Man, LLC; Ferrells Logistics, LLC; JBJ Operations, LLC and One Tru Solutions, LLC. - Danny Ron, Code Compliance Manager (386) 878-8702 and Suzette Cameron, Assistant to the City Manager (386) 878-878-8615. Strategic Goal: Compliance of Residential and Commercial properties. Background: Purchasing received four (4) responses to ITB# 23010 for Nuisance abatements (lot mowing and property maintenance) for Code Compliance Division. Danny Ron, Code Compliance Manager (386) 878-8702 and Suzette Cameron, Assistant to the City Manager (386) 878-878-8615. Staff reviewed bids and are recommending the bid be awarded to all bidders. This will allow for the Code Compliance Division to have coverage of a contractor to call upon should one not be available. City of Deltona Page 13 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 Attachments: Bid #23010 Nuisance Abatements Ronald Riggs Bucket Man LLC Ferrells Logistics LLC JBJ Operations LLC One Tru Solutons LLC D. Approval of Construction Contractors for Housing and Community Development grant programs - Suzette Cameron, Assistant to the City Manager, (386) 878-8615. Strategic Goal: Effective Governance and Productive Government Background: Staff solicited proposals for RFP#23014 for Contractors for Housing and Community Development. Four responses were received. They were from 1. A Quick Board Up Service, Inc. 2. Parthy, LLC, 3. UDH Contractors, LLC, and 4. Votum Construction. The Selection Committee, made up of Suzette Cameron, Angelia Briggs, Damaris Miranda, and Don Hoppa completely reviewed and scored the proposals. The Selection Committee then met to discuss their scoring of the responses and there was a consensus to recommend making award to all four companies and have them bid each job against one another. Staff recommends approval of staff’s recommendation to award RFP#23014 to A Quick Board Up Service, Inc., Parthy, LLC, UDH Contractors, LLC, and Votum Construction. Attachments: Award memo and proposals for RFP#23014 (002).pdf E. Request for approval of Resolution No. 2023-10, declaring certain tangible personal property owned by the City as surplus and authorizing the City Manager or designee to dispose of them - Mari Leisen, Finance Department 386-878-8553. Strategic Goal: Fiscal Issues - Maintain current fiscal stability, maximize alternative funding sources, and promote an effective system of checks and balances. Background: Over time, certain tangible personal property items owned by the City become obsolete or lose their usefulness due to age, usage, upgrade, or damage. Staff regularly compiles a list of such items to City of Deltona Page 14 Printed on 5/19/2023 City Commission Regular Commission Meeting May 22, 2023 present to the Commission for approval as required by Florida Statutes. Surplus items are disposed of by the most appropriate available means available. The attached Resolution contains a list of items to be declared surplus and authorizes their disposal. Attachments: RESOLUTION FOR THE SALE OF SURPLUS FINAL - Auction-May 5 2023 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 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 15 Printed on 5/19/2023

Get email alerts for Deltona

A daily email when new agendas and minutes are posted.

Report an issue with this meeting