Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, October 18, 2017 7:00 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: Also present: Planning & Development Director, Chris Bowley, AICP, Planning & Development Assistant Director, Ron Paradise, Administrative Assistant, Kathrine Kyp, Jane Shang, City Manager and Interim City Attorney Marsha Segal-George. Present: 7 - Chair Tom Burbank Vice Chair Donald Philpitt Secretary John Harper Member Michael Putkowski Member Stony Sixma Member Dwayne Kennedy Member Ruben Munoz 3. APPROVAL OF MINUTES & AGENDA: 4. PRESENTATIONS/AWARDS/REPORTS: A. Minutes of July 19, 2017. Discussion occurred regarding Member Munoz missing from a vote before the Board. However, after further research Member Munoz did miss the vote having arrived at the meeting after the vote was taken. Motion by Michael Putkowski, seconded by Ruben Munoz, to approve the Minutes of July 19, 2017. The motion passed by the following vote: For: 7 - Chair Burbank, Vice Chair Philpitt, Secretary Harper, Member Putkowski, Member Sixma, Member Kennedy and Member Munoz 5. PUBLIC FORUM: 6. OLD BUSINESS: 7. NEW BUSINESS: City of Deltona Page 1 Printed on 11/3/2017 Planning and Zoning Board Minutes October 18, 2017 A. Ordinance No. 06-2017, Community Residential Homes. Mr. Bowley provided a summary regarding Ordinance No. 06-2017, Community Residential Homes (CRH). He stated that the City needs to update the Land Development Code (LDC) to make a clear distinction between community residential homes and other care facilities. The proposed ordinance also ensures licensure is consistent with State law. He noted the City enacted a moratorium to study and produce an enforceable ordinance and at the City Commission meeting on Monday, October 16, the moratorium was extended an additional 60 days to December 21, 2017. He stated the standards within the agenda package have changed. The new proposal involves a CRH being approved as a conditional use in lue of a permitted use. Interim City Attorney Marsha Segal-George explained to the Board that someone would apply for one type of use, without the Conditional Use process, then lease out the home to an operator which would be different than the original request. She noted the new language involving a conditional use approval was to make the ordinance enforceable, and these changes would apply for new applications requesting approval but not to regulate the existing uses. She noted the Commission's direction is to tighten the Code and explained that the Board will be presented with more code changes in the future. Member Munoz and Mr. Paradise discussed the Care Facility definition. Mr. Paradise noted that the language relied on a Chapter 419 definition. Member Munoz was concerned with the way the definition was written and the order of words. Mr. Paradise indicated that the Care Facility definition language would be modified to be more clear. Member Harper and Mr. Bowley discussed how to locate an existing group home within the City. Mr. Bowley stated the State has a GIS map but verification can also be done with the City GIS. Interim City Attorney stated the City could cross reference the Business Tax Receipt and noted the public hearing process associated with a Conditional Use would allow neighbor input. Discussion among Board members and Staff occurred regarding parking, enforcement, and how existing residents of these uses could be displaced if the Conditional Use was revoked. Interim City Attorney Segal-George stated the City could contact the operator to determine what is wrong and allow them to correct it before the Conditional Use would be revoked. Member Putkowski asked for clarity if a duplex unit was a multifamily dwelling and recommend only allowing 1-6 people within a duplex. A summary of the conditions was noted: 1. Adding language for consideration of a revocation of an active conditional use permit, in addition to the revocation of a business tax receipt. 2. Reducing the range of population in the R-2 zoning district from 1-14 to 1-6 clients. 3. Adding language that requires a facility to find alternative locations for continued care, if a facility becomes inoperable. City of Deltona Page 2 Printed on 11/3/2017 Planning and Zoning Board Minutes October 18, 2017 Motion by Michael Putkowski, seconded by Ruben Munoz, to recommend for approval with conditions, Ordinance No. 06-2017, Community Residential Homes. The motion carried by the following vote: For: 7 - Chair Burbank, Vice Chair Philpitt, Secretary Harper, Member Putkowski, Member Sixma, Member Kennedy and Member Munoz 8. STAFF COMMENTS: City Manager Shang expressed her gratitude to the Board. 9. BOARD/COMMITTEE MEMBERS COMMENTS: 10. ADJOURNMENT: The meeting adjourned at 7:49 pm. City of Deltona Page 3 Printed on 11/3/2017