Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, February 19, 2020 6:00 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:00 pm. 2. ROLL CALL: Present: 8 - Chair Michael Putkowski Vice Chair Dwayne Kennedy Secretary Jody Lee Storozuk Member John Harper Member Ruben Munoz Member Patricia Northey Alternate Michael Bowman Alternate Robert Trombetta Excused: 1 - Alternate Charles Davidson 3. APPROVAL OF MINUTES & AGENDA: Discussion occurred about changing the Minutes to refect the January 15, 2020 vote for Member Kennedy for Vice Chairperson as in all favor decision. A. Minutes of January 15, 2020. Motion by Patricia Northey, seconded by Dwayne Kennedy, to approve the Minutes January 15, 2020 with the conditions of changing the vote for Member Kennedy for Vice Chairperson as all in favor. The motion carried by the following vote: For: 7 - Chair Putkowski, Vice Chair Kennedy, Secretary Storozuk, Member Harper, Member Munoz, Member Northey and Alternate Trombetta 4. PRESENTATIONS/AWARDS/REPORTS: 5. PUBLIC FORUM: Time permitted, public comment shall be permitted at the end of agenda items only and shall not exceed two minutes. 6. OLD BUSINESS: City of Deltona Page 1 Printed on 2/26/2020 Planning and Zoning Board Minutes February 19, 2020 7. NEW BUSINESS: A. Resolution No. 2020-09 – Conditional Use Request for a Community Residential Home located at 1313 Freeport Drive Mr. Paradise provided the Board with information regarding a conditional use request for a Community Residential Home (CRH) at 1313 Freeport Drive. He explained the CRH is regulated by AHCA. He provided the Board with the conditions for the CRH : 1) The CRH cannot exceed six (6) non-family residents. 2) The CRH cannot be located 1,000 feet from other single family CRH operations. 3) A business tax license must be obtained and maintained. 4) The character of the neighborhood must be protected by minimizing public and private nuisances. 5) Compliance with all applicable local, state and federal codes including the building code is required. 6) Protection of the public health, safety and welfare to ensure basic function including utilities, access management, parking and solid waste are required. He noted the home would be regulated by the State AHCA and would be staffed 24 hours a day, seven (7) days a week. The senior citizen residents would have mild to moderate needs, in which Mr. Yamil A. Rivera is certified to provide care, as well as the staff. Mr. Paradise spoke to the board about traffic and parking, explaining they could have three (3) cars regularly and may have a bus to transport residents when needed; there is a crushed concrete driveway extension to help increase parking capacity. Member Northey asked for clarification of how many existing community residential homes are in Deltona and if the owner would be able to apply for homestead. Staff responded they did not know how many CRH's are operating City wide. In addition, the homeowners may be able to maintain a homestead exemption. The applicant explained to the Board that he has the training to operate this home, and he bought this property 10 months ago for this purpose. He explained that the potential residents could be from anywhere, not just from Deltona. Member Munoz asked the applicant how many residents would be in each room. The applicant explained there are four (4) rooms total, one for himself, and three (3) other rooms that will have two (2) twin size beds in each. Motion by Jody Lee Storozuk, seconded by Ruben Munoz, to recommend for approval Resolution No. 2020-09 - Conditional Use Request for a Community Residential Home located at 1313 Freeport Drive. The motion carried by the following vote: City of Deltona Page 2 Printed on 2/26/2020 Planning and Zoning Board Minutes February 19, 2020 For: 7 - Chair Putkowski, Vice Chair Kennedy, Secretary Storozuk, Member Harper, Member Munoz, Member Northey and Alternate Trombetta B. Resolution No. 2020-01 - Conditional Use Request for a Community Residential Home located at 2001 Dalton Ave. Mr. Paradise provided information about the residence and about Exceptional Care Within Your Reach, who will be running the Community Residential Home (CRH). This home will be their second location in Deltona, which will provide care for up to six (6) moderate to mildly disabled clients. There will be three (3) staff members coming and going from residence with one (1) medical professional providing overnight staffing. Mr. Paradise explained staff is requesting that the Board recommend the approval of the conditional use request with the following conditions: 1) The dwelling shall serve no more than six (6) residents within the dwelling. 2) All residents and related services shall be directly associated with and regulated by the Florida Agency for Persons with Disabilities (APD). 3) The CRH remains under Exceptional Care Within Your Reach management and ownership. 4) The CRH is used only to serve minimal to moderate developmentally disabled adults as defined and regulated by the Florida Agency for Persons with Disabilities. 5) No signage shall be allowed besides what is allowed for a home occupation. 6) The property owner has obtained a building permit to relocate the shed and must finalize all required inspections. Member Munoz asked if the applicant has already applied for the permit to move the shed. Mr. Paradise said yes, and the applicant said it was approved. The shed was moved and the permit is closed. The applicants, Shamara Jefferson from 2001 Dalton Ave., Jennifer Sullivan from Edgewater, and applicant Pamela Wright from Heath Drive took to the podium to answer any questions from the board. Vice chair Kennedy asked the applicant about family visitations for residents and the applicant explained there would be visiting hours set up, so it would not disturb the neighborhood. Member Northey asked if the residence would be used for assisted living, and the applicant explained it was not and the home would be monitored by AHCA and APD. Secretary Storozuk asked if the residents would be only female and the age range for the residents. The applicants explained having only female inhabitants would be ideal, but doesn't always happen. The residents would be over 21. Motion by Ruben Munoz, seconded by Jody Lee Storozuk, to recommend for approval Resolution No. 2020-01 - Conditional Use City of Deltona Page 3 Printed on 2/26/2020 Planning and Zoning Board Minutes February 19, 2020 Request for a Community Residential Home located at 2001 Dalton Avenue. After discussion the motion was retracted. Chair Putkowski opened the public forum. Kent and Patti Franklin, 2049 Dalton Ave. Deltona, spoke regarding the Conditional Use application stating they did not receive a notice letter. They spoke about the neighborhood being quiet, and not wanting it to change. They asked if the residents would be paying to stay in the house and if the house would be eligible for homestead exemption. Mr. Paradise explained the residents would pay to live there every month, but this was not intended to be treated as a business. He spoke about the applicant not living within of the home, so they would not be eligible for a homestead exemption. Melissa Nellis, 2013 Dalton Ave. Deltona, spoke regarding the character of the neighborhood, and she feels this will cause a change. She doesn't feel having six (6) people in a house would work with the neighborhood watch. Brandon Vullo, 2046 Dalton Ave. Deltona, wanted to know the age range of the residents and if they would be free to come and go as they please, or are able to roam the neighborhood. He asked what would be the repercussions if there was a nuisance and is there is a way to oppose this Resolution. Secretary Putkowski advised the public that by voicing their concerns they are opposing the Conditional Use. Walter Kowakzyk, 1073 Sullivan St. Deltona, explained that he was a registered nurse and is asking what type of care would be given to the residents. He stated that he thinks the use could be a good thing. He spoke that it might be an issue with the neighborhood watch. Robert Kohli, 1026 Sullivan St. Deltona, spoke regarding visitors to the residents. He spoke to his concern about traffic and is worried there will be more traffic with visitors. He wants to know where the guests will park. Ms. Sullivan spoke to the public expressing the residents would be living in a family home similar to theirs and it would be like receiving six (6) new neighbors. She ensured there would be 24-hour staff and stated they have never had a problem with screaming and fighting at their other home. She explained to the board that APD and AHCA wants to move away from facilities and get residents into family or group homes. The residents are able to decorate their own areas and sit down for dinner every night like most families. Many of the residents can not care for themselves and need the extra help every day. The staff has gone through an FBI level II security check, taken classes to care for the residents, and know how to administer medication. She wanted to ensure everyone the staff is qualified to run this City of Deltona Page 4 Printed on 2/26/2020 Planning and Zoning Board Minutes February 19, 2020 home. She explained patients are able to leave with staff for walks, but they would not be roaming the neighborhood alone. Member Munoz apologized regarding making the motion before the public was able to make comments. He asked the applicant if they would have to fill out reports for any situations that would occur and asked if this a way to keep the house and neighborhood peaceful. The applicant explained that the home should have no behavioral issues and if an issue was to arise APD and AHCA would place the resident into a different home. Member Harper voiced his concern for the owner not living at the residence, making it feel more like a business.The applicant explained the owner would be there 50 percent of the time working. Member Northey questioned how the applicant would be able to qualify for homestead if the owner does not live there and if this would be around the clock care. Mr. Paradise explained the applicant would not qualify, and they would have to have around the clock care. Member Trombetta asked if the applicant complies and if they would have to live at the residence. Mr. Paradise advises the board that the applicant does comply and they are not required to reside in the residence. Secretary Storozuk asked if they have ever had any complaints from their other residence, the applicant stated they have never had a complaint. Member Northey asked Mr. Paradise about the city requirements about the public notice. He replied by explaining that a legal ad must be posted 14 days in advance in the newspaper and 10 days in advance with signs in the yard. He also explained that a mail-out goes to everyone within a 300-foot radius. Vice chair Kennedy spoke regarding the concerns about new residents coming to the neighborhood and asked if the residents would be working or are they full time being assisted. The applicant described a day program the residents would go to every day, which is somewhat like having a job. The residents would go every day from 8 a.m. until 3 p.m. Vicechair Kennedy questioned if there are any checks done on visitors. The applicant stated they do not do checks on visitors, but they respect visitation hours unless there is an emergency situation. Secretary Storozuk asked the applicant if the neighborhood would be a similar situation if the house had six (6) teenagers residing in the four (4) bedroom house. The applicant explained the teenagers would be worse. Secretary Storozuk explained to the public that this could happen if a new family moved into the house with multiple teenagers. City of Deltona Page 5 Printed on 2/26/2020 Planning and Zoning Board Minutes February 19, 2020 To recommend for approval Motion by Jody Lee Storozuk, seconded by Ruben Munoz, Resolution No. 2020-01 - Conditional Use Request for a Community Residential Home located at 2001 Dalton Avenue. The motion carried by the following vote: For: 6 - Chair Putkowski, Vice Chair Kennedy, Secretary Storozuk, Member Munoz, Member Northey and Alternate Trombetta Against: 1 - Member Harper C. Ordinance No. 02-2020 - Amendment to Chapter 110, Article XII “Planning and Zoning Board.” Mr. Paradise explained to the board that the Ordinance involves changes including: 1. Formalizes alternate Board membership. 2. Recognition the Board is a quasi-judicial decision-making body. 3. Eliminates term limits. 4. Clarifies and otherwise updates attendance expectations. 5. Establishes an expectation that Board members (regular and alternate members) will engage in educational activities to understand the responsibilities and requirements of the Board. 6. Eliminates the requirement of the Board to review Development of Regional Impact developments and final plat subdivisions containing more than 200 lots; and 7. Deletes a 20-day application window required for Board review. Member Northey asked if the members are allowed to visit an area being reviewed or talk to applicants or the public about a matter. Mr. Paradise explained there should be no communication between members about the agenda items. Attorney Segal-George stated the board was to operate the same way as the City Commission. At the beginning of each meeting the chairperson would ask if any of the board members spoke to the public about the items, and had any ex parte communication. She explained they are allowed to speak to anyone including the City Commission and view the project site. They are not allowed to voice their opinions on social media. Which would cause them to violate the Sunshine Law and could cause ethical complaints. She emphasized that all members, Mr. Paradise, and any of the public wishing to speak would have to swear in at the meeting. Discussion began about ethics training, Sunshine Law, education and ex parte communication. Motion by Patricia Northey, seconded by Jody Lee Storozuk, to recommend approval of Ordinance No. 02-2020 - Amendment to City of Deltona Page 6 Printed on 2/26/2020 Planning and Zoning Board Minutes February 19, 2020 Chapter 110, Article XII, "Planning and Zoning Board." The motion carried by the following vote: For: 6 - Chair Putkowski, Vice Chair Kennedy, Secretary Storozuk, Member Harper, Member Northey and Alternate Trombetta Against: 1 - Member Munoz 8. STAFF COMMENTS: Staff advised the board of not having a March meeting and terms limits were coming up for multiple members. The City Commission meeting March 2, 2020, would include an item on the open seat, alternate members, and re-appointments. 9. BOARD/COMMITTEE MEMBERS COMMENTS: Multiple members asked for an email to be sent to them about how to go about being re-appointed for seats and future education opportunities. 10. ADJOURNMENT: The meeting adjourned at 7:24 pm. ______________________________ Michael Putkowski, Chairperson ATTEST: ______________________________ Jessica Entwistle, Board Secretary City of Deltona Page 7 Printed on 2/26/2020