Development Review Committee

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Development Review Committee Thursday, January 20, 2022 9:00 AM 2nd Floor Conference Room A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) the Development Review Committee meeting will be held in the virtual environment via Webex and can be accessed by the following methods: 1. CALL TO ORDER: The meeting began at 9:01 am. 2. ROLL CALL: Also present: Dinelia Santana and Renée Cairney, Planning and Development Services; Tobborah Cottingham and William Lopez-Colon, Water Department; Richard Lovett, Code Compliance; Damaris Miranda, Housing and Development; Chris Warshaw, England Thims Miller, Inc.; David McDaniel, Intergra Land and Company; Mark Thomson, Shutts and Bowen, LLP; Robert Nieves, Property Owner; Jeri Walker, Audrey Bruner and Cindy Lantz, Kid City USA; and Kaveh Albekord, Property Owner. Present: 5 - Chair Phyllis Wallace Member Leigh Grosvenor Member Jerry Mayes Member Ron Paradise Member Joseph L. Ruiz Excused: 2 - Member Steve Danskine Member Carl Lynch 3. APPROVAL OF MINUTES & AGENDA: Motion by Ron Paradise, seconded by Leigh Grosvenor, to approve the January 6, 2022 Development Review Committee minutes as presented. The motion carried unanimously. A. Minutes of January 6, 2022 4. PRESENTATIONS/AWARDS/REPORTS: City of Deltona Page 1 Printed on 1/28/2022 Development Review Committee Minutes January 20, 2022 5. PUBLIC FORUM: Time permitted, public comments shall be limited to items on the agenda and shall not exceed two minutes. Please be courteous and respectful of the views of others. Personal attacks on Committee/Board members, City staff or members of the public are not allowed and will be ruled out of order by the Chair. 6. OLD BUSINESS: A. Integra Myst - SP21-0004 - DRC Approval for Final Site Plan Application Integra Myst was brought to the Development Review Committee for Final Site Plan approval. The development is on Lot 5 of the Deltona Village of the Business Planned Unit Development (BPUD) and 17.76-acres in size. Member Ruiz provided a review of the proposed site plan, the proposed project will consist of a 301 multi- family unit apartment development.The site is located within the County's Utility Service Boundary and will be served with County potable water, sewer, and reclaim utilities. The utility agreement between the developer and Volusia County was approved by the Volusia County Council on December 14, 2021. The timeline of the project started in April 2021. On January 18, 2022, a resubmittal was received into the Planning and Development Services Department, from the Applicant with final comments. Staff has not had the time to review this, so an additional condition of approval is being added to the Site Plan approval to allow staff time to review the resubmittal. Staff recommend the Development Review Committee conditionally approve the Integra Myst Final Site Plan (SP21-0004), to allow a 301-unit apartment complex to be located at 1000 Integra Myst Boulevard approved. With the following conditions that the applicant submit including the five (5) copies which were submitted on January 18, 2022, which includes the special conditions. Discussion took place between Mr. Paradise and the applicant regarding the process and when can approval be expected. It was determined plan review should not take long. The matters of access and fire safety comments need to be addressed before clearing or grading the property. Mark Thomson, of Shutts and Bowen, LLP representing Integra Myst, stated he spoke City Attorney Segal-George, before the DRC Meeting, regarding the public access matter in the recorded Access Utility agreement which addresses all access points in the utility agreement. Mr. Paradise concurred he will be speaking with City Attorney Segal-George and would contact Mr. McDaniel upon his conversation. Ms. Shivers stated that once the access is addressed it will no longer be a problem. The fire hydrant or water supply will not be an issue until combustibles are brought onto site. Mr. McDaniels confirmed that they begin with site work, get utilities in place and access the water supply. At this time will be in touch with the fire department, before proceeding. Discussion took place regarding permits, procedures, and what was expected moving forward. City of Deltona Page 2 Printed on 1/28/2022 Development Review Committee Minutes January 20, 2022 Mr. Warshaw wanted to make sure there were not any further items regarding the fire department that would hold up moving forward. Mr. Ruiz noted that he and Ms. Grosvenor were the only two (2) left to sign off on the plans. Chair Wallace stated as a reminder to the applicant to schedule a pre-construction meeting, which is required in order to receive site engineering permit. We can try to coordinate a pre-construction meeting with Deltona North Utilities at the same time. Motion by Member Ron Paradise to approve SP21-0004 approval for Integra Myst Final Site Plan Application with conditions as applicable, seconded by Member Jerry Mayes. The motion carries unanimously. 7. NEW BUSINESS: A. Pre-application Meeting - Demitrich Tires Mr. Nieves of Demitrich Tires located at 2838 and 2844 Howland Boulevard was present. Mr. Nieves is propose to combine the two (2) lots. He has obtained a survey for both addresses. Mr. Paradise addressed Code Compliance has an open case related to this property involving a myriad of matters, such as work being performed without permits over the years. Combination of the lots is an important piece, however it is not the solution of the matters associated with this property. The combination of lots will only take place once the Notice of Violations associated with this property are addressed. In the future the property will be required to provide a Site Plan review that will include such items as landscaping, parking, storm water management access etc. It was confirmed that a permit to demolish one (1) of the buildings has been obtained by Mr. Nieves and is currently in the process of demo. Mr. Nieves stated he is doing everything he can to comply and get things in order as soon as possible to satisfy the violations as per the City and City Ordinances. Mr. Paradise suggested that a civil engineer be hired to do design work on the property. Mr. Nieves stated that his future idea for the property is to build and or expand 2838 Howland Boulevard. Mr. Nieves stated the electrical upgrade has been completed by his electrician. Ms. Shivers discussed the electrical throughout the building and stated that Mr. Lynch, the City Building Official indicated a total rewiring of the building is required. It was suggested that Mr. Nieves have his electrician get in touch with Mr. Lynch, so that they can have a City of Deltona Page 3 Printed on 1/28/2022 Development Review Committee Minutes January 20, 2022 discussion regarding the electrical violations of the building and what has been accomplished so far. Chair Wallace stated to Mr. Nieves, this submittal is premature and until all violations are completed and staff confirms such, the combination of lots will not move forward. Mr. Nieves requested the City provide a list of violations that need to be corrected. Also, he would like to meet with Mr. Lynch. B. Pre-application Meeting - Kid City USA Ms. Walker with Kid City USA came as a pre-applicant for a daycare located at 1785 Elkcam Boulevard, to convert the whole building. She inquired whether this would be a change of use with zoning, fire, and parking requirements, etc. Mr. Paradise inquired if any research has been done regarding the deed on this property for informational purposes and before too much is invested in the process. Discussion took place regarding the use of the property, for the use may have deed restrictions stating the property only can be used as a House of Worship. Mr. Albekord the property owner was present and he confirmed he did the title and would get it over to staff if verification is required by the City. Mr. Paradise stated that the property is a R-1, residential zoned property. Conditional Use approval for a day care facility, parking, access management would be required. Since the building had been used as a day care for a previous House of Worship located in the building, this indicates and confirms some use of onsite functionality for a day care. A Site Plan application will be required after the Conditional Use application is granted. Ms. Walker confirmed there is no expansion of the building, only reconfiguring of the sanctuary to a daycare. Mr. Paradise stated that once the full scope of the project is understood and reviewed, further discussion will take place regarding parking etc. There is a demand for facilities like this throughout the community. Chair Wallace confirmed the alley access to the premises and stated that is helpful for traffic flow as well for the safety of children and parents. Ms. Shivers brought to the attention of the new owner, there are outstanding fire code violations from inspections performed in November 2021, and the violations need to be resolved. Mr. Albekord confirmed the fire code violations were brought to the attention of the new owners, once they had closed on the purchase of the building. Violations are currently being addressed by the new owners. City of Deltona Page 4 Printed on 1/28/2022 Development Review Committee Minutes January 20, 2022 Mr. Paradise clarified the current day care use now is approved only as ancillary use to a primary House of Worship use. The City would not approve it to be used as a stand alone day care, without it being clearly subordinate to the House of Worship use. Discussion took place regarding the current use of the building and would a Conditional Use still be required even if they continued operating as the previous owner had. The City would have to authenticate the current use. Mr. Albekord stated there is a tenant operating as a church and food pantry currently. The current tenant is Lighthouse Penecostal Church. Mr. Ruiz asked was the number of children proposed as a full use of the building, and were the ages and times staggered. The applicant confirmed. 8. STAFF COMMENTS: 9. BOARD/COMMITTEE MEMBERS COMMENTS: 10. ADJOURNMENT: The meeting was adjourned at 10:05 am. ___________________________ Phyllis Wallace, Chairperson ___________________________ Renée Cairney, Board Secretary City of Deltona Page 5 Printed on 1/28/2022