City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Avila Vice Mayor Heriot Commissioner Avila-Vazquez Commissioner Colwell Commissioner Howington Commissioner Lulli Commissioner Santiago Monday, April 7, 2025 6:30 PM Deltona Commission Chambers PUBLIC FORUM: 6:00 PM - 6:30 PM 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. National Anthem - Deltona High School Honoring Veterans: David R. Parry, Sergeant First Class (SFC) - (Retired) U.S. Army Andrea A. Turner, E-6 Storekeeper - U.S. Navy Danny Ron, Staff Sergeant (SSgt).- U.S. Marine Corps John Allison, Private First Class (PFC) - U.S. Army Background: N/A 4. ADDITIONS AND DELETIONS: 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation by Joe Hearn, President - Update on the Rotary Club of Debary-Deltona-Orange City. Background: The Rotary Club of DeBary-Deltona-Orange City update on membership, meeting time, the 2024-2025 team, events and community donations/awards. City of Deltona Page 1 Printed on 4/3/2025 City Commission Regular Commission Meeting April 7, 2025 B. Presentation - D-Ranch Preserve by Mark Rizzo, Land Manager of Conservation Florida Background: Overview of D Ranch Preserve, a 476-acre conservation land located within the City of Deltona in District 6. Conservation Florida is a nonprofit land conservancy protecting natural and agricultural lands throughout the state. 6. DELTONA COMMUNITY EVENTS: 7. CONSENT AGENDA: A. Request for approval of minutes of the Regular Commission Meeting of March 18, 2025, as presented. Background: N/A B. Request for approval of the First 2025 Quarterly Reports of City Advisory Boards/Committees. Background: January through March 2025 Quarterly Reports of City Advisory Boards/Committees: 1. Affordable Housing Advisory Committee 2. Firefighter Pension Board 3. Planning and Zoning Board 4. Team Volusia C. Request for recognitions for the month of April. Background: Per the City Recognition Policy adopted by the City Commission at the Regular Commission Meeting held on Monday, June 17, 2024, the following recognitions are being requested for the month of April: 1. Global Love Day 2025 2. Arbor Day Tree Giveaway - April 25th 3. Water Conservation Month 4. Certifcate of Appreciation - Channel 13 Meteorologist Bryan Karrick D. Requests for presentation before the City Commission. Background: Per the City Commission Operating Guidelines & Meeting Rules and Procedures adopted by the City Commission “Any group or organization, other than staff, wishing to make a presentation to the City Commission must submit their request to the City Manager and obtain City of Deltona Page 2 Printed on 4/3/2025 City Commission Regular Commission Meeting April 7, 2025 Commission approval to have the item placed on the next available City agenda.” Also, all documentation to be presented must be submitted to the City Clerk by 5:00 p.m. on the Thursday, eleven (11) days prior to the regular meeting. The following presentations have been requested: 1. Best Foot Forward Pedestrian Safety Program - Emily Bush, Bike/Walk Central Florida - Requested Date: TBD 2. Deltona Youth Soccer Club - To be recognized for team accomplishments. Requested Date: TBD 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Request for approval of Ordinance No. 04-2025, amending the zoning code, Chapter 74 "Administration," to include review procedures, eliminating review durations, and updated public noticing requirements, amending Chapters 75, 106, and 110 by removing procedures regulation in Chapter 74 of the Land Development Code of the City of Deltona, at second reading. Background: The City Commission has asked for an update to the City’s Land Development Code in 2024. In response, staff has been working on revising the processes in Chapters 74, 75, 106, and 110. The revisions will cover the review and decision-making authority for development applications, the approval of major and minor variances and conditional uses, as well as updating the public notice section to require neighborhood meetings. B. Public Hearing - Request for approval of Ordinance No. 05-2025, amending Section 110-319, “PUD, Planned Unit Development,” to update application requirements by incorporating enhanced architectural, landscaping, and environmental standards in the City’s Land Development Code, at second reading. Background: Staff presented proposed changes to Chapter 110-319, Planned Unit Developments, to the Commission during a workshop on January 13, 2025. The section has been revised to incorporate the changes requested by the Commission during that workshop. The Commission had previously requested an update to Section 110-319 on May 7, 2024, and this section of the LDC was last updated on February 3, 2014. A Zoning in Progress has been initiated for PUDs in the City of Deltona, and an extension was approved on February 3, 2025 to allow adequate time for the approval of this Ordinance. The summary of the modifications include: City of Deltona Page 3 Printed on 4/3/2025 City Commission Regular Commission Meeting April 7, 2025 - Updating language regarding Community Residential Homes to reflect current Florida Statutes. - Granting agricultural type uses on RE-5, Residential Estate Five and RE-1, Residential Estate One zoning. - Created “Permitted Use Table” that lists all of the allowed permitted uses for each specific zoning district. C. Public Hearing - Request for approval of Ordinance No. 06-2025, amending the zoning code, Chapter 110-807, “Home Occupations” by updating the title to “Home-based Businesses”, and incorporate updates from the Florida Statutes, including provisions for the allowance of employees, traffic generation limits, and agricultural home businesses, at first reading. Background: On June 29, 2021, the Governor signed Florida House Bill 403, creating Florida Statute (F.S. 559.955, “Home-based businesses; local government restrictions”. F.S. 559.955 effectively pre-empts local governments from regulating home-based businesses in any manner and requires residents to follow the requirements of F.S. 559.955. State law now prohibits local governments from regulating or restricting home-based businesses any different from other businesses in the local government’s jurisdiction, except as provided in the legislation. Due to the changes in F.S. 599.955, staff has made necessary changes to be consistent with Florida Statute. D. Public Hearing - Request for approval of Ordinance No. 07-2025, amending Article XIV, “Medical Marijuana Dispensaries”, by updating the title to “Pharmacy, Drugstores, and Medical Marijuana Dispensaries” and incorporate updates from the Florida Statutes, including provisions for the purpose, location, standards, and approval process, at first reading. Background: In 2018, the Florida Legislature enacted legislation that pre-empted the regulation of cultivation and processing of marijuana to the State thereby leaving local governments little authority as to such matter. The legislation allows local governments to ban medical marijuana treatment centers dispensing facilities, however if a local government does not ban dispensing facilities it may not play any restrictions on the number of facilities allowed within its jurisdictional limits and may not adopt any regulations for facilities that are more restrictive than its ordinances regulating pharmacies. To be consistent with Florida Statue, the proposed changes in Ordinance No. 07-2025 are, incorporating pharmacies and drug stores into the section, providing definitions, location regulations, and a major conditional use process. Staff has added a 500-foot distance requirement from all schools, house of worships, parks, and any religious institution and 1,500 buffer of another pharmacy, drug store or medical marijuana dispensary facility. City of Deltona Page 4 Printed on 4/3/2025 City Commission Regular Commission Meeting April 7, 2025 E. Public Hearing - Request for approval of Ordinance No. 09-2025, amending Article VIII, “Rental Properties” by incorporating changes from the Florida Statutes, including provisions on purpose, standards, and application process, at first reading. Background: The City has an adopted city-wide Code of Ordinances. The Code of Ordinance regulations change over time based on current trends, state pre-emptions, public input, and regulatory review amongst other things. The amendments to Ordinance No. 09-2025 are to ensure a safer rental housing stock, protect property values and improve accountability for residential rentals and vacation rentals/short term rentals. Division 1 of Article VIII amends the “Deltona Rental Property Inspection Ordinance” and establishes standards and requirement to ensure a safer rental housing stock. Division 2 of Article VIII establishes a Vacation Rental/Short Term Rental registration, and establishes standards and requirements. F. Public Hearing - Request for approval of Ordinance No. 13-2024, amending Sections 110-300 to 110-320 of Article III “Establishment of Classifications and Official Zoning Map” of Chapter 110 “Zoning” within the City’s Land Development Code, at second reading. Background: On May 7, 2024, the City Commission requested staff to update the Zoning Sections in the LDC, as some of the Sections were outdated. The City Commission explained the current C-1, Retail Commercial zoning is too restrictive and would like it to have more allowable uses. Highlights of proposed Ordinance No. 13-2024 are as follows: · Updating language regarding Community Residential Homes to reflect current Florida Statutes. · Granting agricultural type uses on RE-5, Residential Estate Five, and RE-1. · Allowing more commercial uses and providing more uniform uses for the Commercial Zoning Districts. · Providing a use chart. · Fixing spelling errors and grammar issues. G. Public Hearing - Request for approval of Ordinance No. 14-2024, amending Section 110-810, of Article VIII, “Driveway Expansion (Residential),” of the Land Development Code, at second reading. Background: The City Commission asked staff to revise the zoning section of the LDC concerning driveway expansions. Staff has updated the language, corrected spelling errors, and added restrictions and approved surfaces. Changes to Section 110-810 Driveway Expansions (Residential) are as follows: City of Deltona Page 5 Printed on 4/3/2025 City Commission Regular Commission Meeting April 7, 2025 - Updating language regarding residential driveways. - Fixing spelling errors. - Provide restrictions for residential driveways to ensure there is no interference with swales and drainage. - Providing approved driveway surfaces for driveway expansion or second driveway. - Prohibiting the need to drive upon or over any curb. H. Public Hearing - Request for approval of Ordinance No. 16-2025, amending Chapter 2, Article IV to update the sections related to the Debt Policy, Budget Policy and the Purchasing Policy, at second reading. Background: The proposed ordinance amends the Code of Ordinances Chapter 2, Article IV, Financial Policies, specifically relating to the debt policy, the submission of the budget and the contents relating to the submission requirements for the annual budget and amendment authority of the overall budget as well as implementation of a purchasing policy. It amends the following: 1. Retitles Article IV from Financial Policies to Finance. 2. Division 1. Debt Policy - Renumbers this section to be consistent with the overall Code of Ordinances. 3. Division 2. Budget. - This is an entirely new section that sets forth a. Process for annual estimates b. Adoption of the annual budget c. Process for amending the annual budget d. Lapse of appropriations at year end 4. Division 3. Purchasing - This is an entirely new section that sets forth a. How purchasing regulations are established b. Moves the local vendor preference from Article X into this section. 5. Article X - Bidding Preference for Local Vendors a. Strikes this section in its entirety and moves this under the Division 3. Purchasing portion of the code. All of the proposed amendments provide for a more efficient debt, budget and appropriations and purchasing process consistent with state law for all of our financial processes. I. Public Hearing - Request for approval of Ordinance No. 17-2025, amending Chapter 54 , Article II Solid Waste and Article III Stormwater Utility to update the sections related to the Annual Assessments, at first reading. City of Deltona Page 6 Printed on 4/3/2025 City Commission Regular Commission Meeting April 7, 2025 Background: To be consistent with Florida Statutes regarding the annual assessment process, the proposed ordinance amends the Code of Ordinances Chapter 54, Article II, Solid Waste and Article III, Stormwater Water Utility, specifically Division 2 for both articles Annual Assessment Sections of the ordinances. It amends the following: 1. Section 54-57 Initial proceeding - strikes this section in its entirety 2. Section 54-58 Initial assessment roll - strikes this section in its entirety 3. Section 54-59 Notice of Publication - Removes the initial assessment language. 4. Section 54-152 Initial proceeding - strikes this section in its entirety 5. Section 54-153 Initial assessment roll - strikes this section in its entirety 6. Section 54-154 Notice of Publication - Removes the initial assessment language. The proposed amendments provide for a more efficient annual process related to the special assessments as required consistent with state law for special assessments. J. Public Hearing - Request for approval of Ordinance No. 18-2025, amending Chapter 68, Article II to update the sections related to Customer Deposits, at second reading. Background: The proposed ordinance amends the Code of Ordinances Chapter 68, Article II, Water and Wastewater Utility Rate Ordinances, specifically relating to customer deposits. It amends the following within Section 68-58 Customer Deposits: 1. Clarifies that deposits will be held in a non-interest-bearing account. 2. Owner Occupied residential accounts may be returned after thirty-six months if no delinquencies nor disconnections. 3. Tenant Occupied residential accounts are held until the account is closed and any unpaid balance is paid. 4. Commercial Accounts are held until the account is closed and any unpaid balance is paid. 5. Clarifies when additional deposits might be required for utility accounts. City of Deltona Page 7 Printed on 4/3/2025 City Commission Regular Commission Meeting April 7, 2025 All of the proposed amendments provide for a more efficient and financial sustainable process consistent with state law for the handling of our customers utility deposits. 9. ACTION ITEMS: 10. CITY ATTORNEY COMMENTS: 11. CITY MANAGER COMMENTS: 12. CITY COMMISSION COMMENTS, REQUESTS & REPORTS: 13. ADJOURNMENT: CONTINUATION OF PUBLIC FORUM *This is only for individuals who submitted a request to speak form during the 6:00 p.m. Public Forum and were not afforded the opportunity to speak. 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 Manager in writing at CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd., Deltona, FL 32725 at least 48 hours prior to the meeting at which the person wishes to attend. The City is not permitted to provide the use of human physical assistance to physically handicapped persons in lieu of the construction or use of ramps or other mechanical devices in order to comply with Florida law. If proper accommodations for handicapped access cannot be made at a particular public meeting venue pursuant to a timely written request under Section 286.26 F.S., the City Manager shall change the venue of that meeting to a location where those accommodations can be provided. City of Deltona Page 8 Printed on 4/3/2025 City Commission Regular Commission Meeting April 7, 2025 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 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. 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. City of Deltona Page 9 Printed on 4/3/2025