Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, August 19, 2020 6:00 PM Deltona Commission Chambers A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we are allowing limited public access into the Commission Chambers and practicing social distancing with the Planning and Zoning Board Members, staff, and residents. Background: ***NOTE*** The Planning and Zoning Board is dedicated to working hard and keeping our City moving forward, and a top priority during the COVID-19 pandemic is to help maintain the health of our employees and residents. Another top priority is being able to maintain public participation in our City meetings. Following CDC Guidelines, we are allowing limited public access into the Commission Chambers and practicing social distancing with the Planning and Zoning Members, staff, and residents. Though there are restrictions when it comes to public gatherings, we are dedicated to making sure those who would like to make their voice heard are able to. Please note your public comments can be submitted via one of the following mediums no later than 12 Noon, August 14, 2020 to ensure they are available for the Commissioners to review prior to the meeting. • eComment: o Click the “Agenda & Minutes” icon on the homepage; o Choose the meeting you want to comment on and click on “eComment” in the last column; and o Go to the item and click on the speech balloon marked “Comment” to make your comment. o To view all comments made on an item click on the speech balloon to the left. · Email: planning@deltonafl.gov · Fax: 386-878-8601 All submitted comments will become part of the official City record, and be attached to the meeting minutes. This is a fluid situation and as procedures change, we will be sure to update you. 1. CALL TO ORDER: The meeting was called to order at 6:00 pm. 2. ROLL CALL: City of Deltona Page 1 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 Also in attendance: Kathrine Kyp, Planning and Development Services; Ron Paradise, Planning and Development Services; Marsha Segal-George, City Attorney. Present: 7 - Chair Michael Putkowski Secretary Jody Lee Storozuk Member Michael Bowman Member John Harper Member Patricia Northey Alternate Manuel Rodriguez Alternate Robert Trombetta Excused: 3 - Vice Chair Dwayne Kennedy Member Ruben Munoz Alternate Susan Berk 3. APPROVAL OF MINUTES & AGENDA: A. Minutes for July 15, 2020 Motion by John Harper, seconded by Secretary Storozuk, to approve the Minutes for July 15, 2020. For: 6 - Chair Putkowski, Secretary Storozuk, Member Harper, Member Northey, Alternate Rodriguez and Alternate Trombetta Against: 1 - Member Bowman Member Bowman stated the minutes did not have enough details from the last meeting. He explained there were discussions that were not reflected by the minutes regarding the water supply wells. 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: 7. NEW BUSINESS: Mr. Paradise provided the Board with background information regarding the land use making process. He spoke about the density and intensity allocated by the City's Comprehensive Plan and how entitlements are graphically represented on the City's future land use map. He explained there are different density and intensity thresholds. Residential City of Deltona Page 2 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 density is expressed in density ranges which have different dwelling units per acre, and non-residential intensity is typically expressed in terms of floor area ratio. He stated land use map amendments are general policy decisions and explained the rezoning application coming after this application would be a quasi-judicial hearing. In the next meeting, the City legal counsel will give information about quasi-judicial hearings. There are two separate applications, one is about 130 acres, and the other is about 95 acres. These applications are for future land use map amendments, not zoning. Mr. Paradise explained there is an extra level of planning associated with one of the amendments because it is inside of the Osteen Joint Planning Area (JPA). Enterprise Osteen East is inside of the Osteen JPA, which requires a high level of coordination with Volusia County. A. Ordinance No. 05-2020 - Comprehensive Plan Amendment - Enterprise Osteen West (CP19-0002) Mr. Paradise provided the Board with information regarding Ordinance No. 05-2020, which is a request to change the future land use designation on approximately 95 acres of land from County Rural to City Low Density Residential. This land is vacant, undeveloped, and mostly forested. There are about 3.7 acres of the amendment area making up wetlands, and around 19.5 acres of open water, totaling more than 23 acres of environmentally sensitive land. There are about 46 acres of this property in the 100 year floodplain. Currently, the property is under the County Rural designation allowing up to 34 units. He provided background on the property stating it was annexed by the City, circa 2005. However, the future land use designation was never changed by the City, and according to state law, those County designations carry forward unless changed. The applicant is seeking to change the land use designation on this property. The proposal is to change the designation to Low Density Residential. Low Density Residential is the lowest density land use designation within the City of Deltona; the density range is from zero to six (6) dwelling units per acre. The maximum density would allow 455 dwellings, representing a theoretical density. There is a future land use text amendment that will limit the density to no more than 226 units, with a density of 2.37 units per acre. This property would need to be fully serviced by central water and sewer, roads, and schools. Currently, there is not a well developed central utility system available to support this development. However, the developer and the City have entered into an agreement to extend water and sewer service to this property. The majority of the cost will be paid for by the developer and the City will only pay for upsizing. Traffic at the density of 226 units will generate 2,192 trips on the network, and there is an adequate roadway to support this project. Regarding transportation improvements, these projects will require a traffic light at Enterprise Osteen Rd. and State Road 415. City Attorney Segal-George explained to the Board that this meeting is not a quasi-judicial City of Deltona Page 3 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 hearing. At the rezoning meeting, the Board will have to reveal ex-parte communications and witnesses. The rezoning meeting would have anyone who wants to speak sworn in, explaining to be very careful of the record produced. Comprehensive planning is ruled by the Florida Statute and State Law, stating every City and County must have a Planning Board that is involved, where public comments do not have to be sworn in. Member Northey asked if the Planning and Zoning vote is equal to the City Commission. City Attorney Segal-George explained that, in the end, the City Commission is always going to make the final decision. Under Florida Statute, every unit of Government in the City or County must have a Planning Board that participates in the process and makes recommendations to the Commission. The Planning and Zoning Board is citizen driven and represents the citizens. A Comprehensive Plan and rezoning case can be appealed but on its own case merits. She explained the record is relevant because it can also go to court, and the process the Board plays becomes very important. Member Harper asked if this is approved if in the future, the applicant would come back and ask for a PUD, and Mr. Paradise answered it is the intent for it to be brought back as an RPUD. He then started a discussion on low density residential definitions and the differences between the City and the County land use designations. Secretary Storozuk asked what the cost was for the City to get water and sewer to this project. Mr. Paradise explained that it has not been determined, but it will be based on the upsizing of the pipe. Chairperson Putkowski asked if the floodplain maps are representing the hurricane experience from a couple of years ago because the area was affected. Mr. Paradise explained the floodplain information is taken from when State Road 415 was improved to four lanes. Applicant Mark Watts, 231 Woodland Blvd. Deland, an attorney from Cobb Cole and Associates, discussed some background of the process on the requests. He explained that most of the land was annexed into the City in 2005, and the last 10 acres were annexed in 2018. He stated they are asking for the City to provide a land use classification under the City of Deltona's Comprehensive Plan. There was an addition to the map amendment to include a policy limitation in the Comprehensive Plan, and the policy limitation would state while using the low density residential classification, there would be a cap of 2.8 units per acre. This cap would allow 226 units instead of a maximum of 455. This cap does not mean there will be 226 units. It means no more than 226 units can be built. He stated the wetland and floodplains would be looked at during the rezoning, and at that point, they would decide what is the appropriate density. Discussion occurred between the Board and Mr.Watts regarding the cap for the low density residential classification density ranges. Chairperson Putkowski opened the public forum. City of Deltona Page 4 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 Glenda Ross, 80 Bethel Loop Drive, explained her concerns about the proposed Ordinance based on the number of units. She expressed concerns with the lake flooding the road when it rains, and believes the road cannot handle the extra trips. She does not want the land on Enterprise Osteen to turn out like Seminole County with too many houses close to one another. Wanda Van Dam, 932 Indian Hammock Road, brought up her concerns with the wetlands, floodplains, and the D Ranch preserve. She discussed future housing needs and future developments that have already been approved. Jim McCully, 920 Gage Ave., asked about the County response on the traffic reports and wanted to know if they approved of the project. He spoke about how in the past Commissioners wanted to protect RE-1 land and large parcels. He stated there should be more communication between the City Commission and the Planning and Zoning Board. Chairperson Putkowski explained that the Planning and Zoning Board is only a recommendation board, and the only thing they can do is give recommendations to the Commission, at the end of the day, the Commission has the final word. If residents want to see this changed, they have to go to the Commissioners. Bob Sawyer, 1840 Turtle Hill Road, spoke about lot sizes and concerns about the trips on the road. He discussed Celery Avenue and not wanting this property to end up the same way. Sue Berks, 8 Pine Drive, states that she lives in Kove Estates by the golf course and lake. She expressed concerns about flooding and delicate wetlands. She spoke about housing in Sanford by Celery Ave. James McCully, 920 Gage Ave, believes this meeting is premature before knowing the stance of the County and thanked the members for their work. Chairperson Putkowski closed public forum. Chairperson Putkowski asked if it was required to reach out to the County or was it neighborly. Mr. Paradise explained coordination with the County on this application was just neighborly, but with the other application is required. Member Northey asked about the VGMC process. She stated the County had ample opportunities to broach multiple subjects within this but only touched on transportation. Mr. Watts clarified the comments on density and coordination with Volusia County. He explained the application was submitted in 2018 and scheduled joint meetings with the County and City regarding the JPA. The cap was proposed through these discussions. He went over the utility agreement done by the City Commission, stating the City would be paying for increasing the lines from six (6) inch to eight (8) inch, only if they wanted to. He City of Deltona Page 5 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 explained he met with the Kove Estates HOA Board to walk the property. The Board showed him stormwater locations, and he sent out a surveyor to pick up these elevations to make sure they receive relevant data of this area. He reminded the Board that the rezoning will go include the buffer areas, including Kove Estates. Member Trombetta asked about the lot sizes, Mr. Watts stated there would be a lot of different size of lots, but this is in the rezoning process. Discussion occurred between Board members regarding density, rural classifications, County road improvements, and the cost the City would take on for extending the utilities. Attorney Segal-George explained pioneer agreements to the Board. Member Bowman asked if the 2.28 units per acres account for the whole parcel or just the land that can be built on. Mr. Paradise stated this would not include the open water. Member Rodriguez spoke about the change in land use classification, zoning, fire services, growth, and asked about the benefits for the City. Mr. Paradise explained we are unsure at this point on how it will affect the City and explained this process is only a planning exercise to determine if it is appropriate for a density of 2.8 units per acre that are residentially orientated. City Attorney Segal-George explained whether the Board recommends approval or denial it will go to the City Commission. If the Commission approves, it has to go up to Tallahassee, then Tallahassee will look at it, the County will weigh in, and then it would come back to the City for final hearing. There is a separate process called rezoning. She stated the rezoning application would have all of the details being asked from the Board and citizens, like how much it will cost the City and what to expect. Discussion occurred between the Board regarding the rights of the developer, the citizens' concerns, the outcome for this land use, and flood zones. Motion by Secretary Storozuk, seconded by Member Northey with comment, to recommend for denial Ordinance 05-2020. Member Northey stated she enjoyed this discussion and gave kudos to Mr. Paradise and Mr. Watts for their work. She stated from the policy standpoint, this is not a good policy. She stated it was an intrusion of urban density into a rural neighborhood and is not neighborly. She explained that although it is not in the JPA, it does not meet the spirit of the JPA, and that is why she is happy to second the denial. The motion passed by the following vote: For: 5 - Chair Putkowski, Secretary Storozuk, Member Bowman, Member Harper and Member Northey Against: 2 - Alternate Rodriguez and Alternate Trombetta City of Deltona Page 6 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 B. Ordinance No. 07-2020 - Comprehensive Plan Amendment - Enterprise Osteen East (CP20-0024) Mr. Paradise stated that this a request to change approximately 130 acres from several designations in the Osteen Local Plan, more specifically Osteen Commercial Village, and Mixed Use Village center, to another Osteen land use designation known as Transitional Residential. Osteen Transitional Residential is a land use designation that allows up to four (4) dwelling units per acre. It is residentially oriented and does not imply transitional housing. He discussed the Mixed Use Village Center land use designation and where there was already County Urban Low Intensity on the property. He stated there Urban Low Intensity has a density range of .2 to four (4) dwellings per acre. The applicant is not requesting to change the Urban Low Intensity area. Like the Enterprise Osteen West application, there is a density cap proposed on the property. The cap would limit the residential density to 329 units. Unlike the Enterprise Osteen West application, this application is already earmarked for urban density and is a significant reduction in urban density and intensity. It will eliminate about 580,000 square feet of non-residential entitlement. Roughly 48 acres of this property are wetlands, and of that, about 44 acres is open water. 62 acres of land is in the floodplain. With the 329 units, this project would generate 3,124 trips. It would provide for a suburban type of land use, which is consistent with the overall suburban character of the City. Mr. Paradise explained the Mixed Use Village Center land use designation. The current designation, envisions a mixture of uses, up to eight (8) or 12 dwelling units per acre, this would mean multifamily. There would be floor area ratios of up to 0.5 or .35 in the Osteen Commercial Village. The City staff recommends that the Planning and Zoning Board recommend the City Commission adopt Ordinance 07-2020. Discussion occurred regarding when the plan was approved, joint planning done between the County and City, history of the land, and the Osteen Local Plan. Mr. Paradise stated this is a reduction of intensity from a unit standpoint. The developer is also giving up 500,000 sq. feet of non-residential development. This plan is near an existing and planned urban development, Kove Estates, a mobile home park, which is densely settled. The Osteen Local Plan is intended to have a high level of intensity and density associated with the SR 415 corridor, especially on the land located on the west side of SR 415. Therefore, the staff recommends that the Planning and Zoning Board recommend the City Commission accept the proposed amendment. Member Northey asked if the applicant wants to give up the commercial land for residential. Mr. Paradise explained the D Ranch located to the south, has a conservation agreement. This proposal would help meet the City's expected population needs protracting out to 2030. Member Northey spoke about Volusia County's response on the approval of amendments within the jurisdiction of Deltona and requires approval by the County pursuant City of Deltona Page 7 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 to Section B of the JPA. Discussion occurred on not receiving a second response from Volusia County and the property outside of the JPA. Member Northey asked if there was a policy position on supporting residential over commercial developments, Mr. Paradise stated there was no policy. Discussion occurred regarding sewer, water, capacity, impacts, land use classifications, and the intensities of the current use designations Chairperson Putkowski opened the public forum. Wanda Van Dam, 932 Indian Hammock Road, spoke about the current JPA and the need in the future to update the JPA. James McCully, 920 Gage Ave., spoke about changes being made now might be used as justifications for other future properties. He spoke about the Comprehensive Plan requirements and what might be desirable for the developer might not be desirable for the citizens. Glena Ross, 80 Bethel Loop Drive, asked for some clarification and expressed concerns about the flooding in this area. Jim McCully, 920 Gage Ave, spoke about the future housing needs, already approved projects, and houses for sale. He expressed concerns about requirements for compatibility and consistency between abutting and adjoining properties. Chairperson Putkowski closed public forum. Mr. Watts spoke about the density on the property being 12 units per acre and wanting to amend that to go to a lower density. The current plan has too much intensity. He explained in 2018, there was a meeting between the City and County, and the comments on compatibility and consistency were noted and keeping a land use designation within the JPA. Member Storozuk asked why the applicant wants to change from the 12 units per acre, and Mr. Watts explained its not appropriate for the area to have these requirements. Motion by Member Harper, seconded by Member Trombetta, to recommend for approval Ordinance 07-2020. The motion failed by the following vote: For: 3 - Member Harper, Alternate Rodriguez and Alternate Trombetta Against: 4 - Chair Putkowski, Secretary Storozuk, Member Bowman and Member Northey City of Deltona Page 8 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 Member Northey asked if it would be appropriate for the Planning Board to send a recommendation to both Volusia County by the Deltona City Commission recommending this area to be addressed holistically. She explained the commercial development is too intense for the land but believes the planning document needs to be looked at again. She asked for the JPA to be relooked at by Volusia County. Mr. Paradise suggested a motion made with regard to approval or denial with the comments into the record as part of the motion. Motion by Member Storozuk, seconded by Member Bowman, to recommend for denial Ordinance 07-2020 with a recommendation to have a letter sent to Volusia County and the City Commission to look at the parcel as a whole and reevaluate the JPA. The motion passed by the following vote: For: 4 - Chair Putkowski, Secretary Storozuk, Member Bowman and Member Northey Against: 3 - Member Harper, Alternate Rodriguez and Alternate Trombetta 8. STAFF COMMENTS: Mr. Paradise wanted to let everyone know the date for the hearing with the City Commission has moved to October 5, 2020. There will be new notices, mail outs, and advertisements. City Attorney Segal-George advised the Board on Sunshine, ex parte, and social media. She cautioned everybody with regards to social media, explaining to the Board, they are not in the same category as some of the other committees the City appoints. They are a statutory Committee and have to take Sunshine Law violations seriously. She asked the Board to please not comment on anybody’s social media posts, which is a violation of Sunshine Law. She explained they could be subject to someone filing an ethics complaint against them. She emphasized that if any of the Board members have questions or issues about what they can or cannot do, they can call or email her. She explained she is always willing to talk to anyone and answer any questions. The law in Florida is very protective, with strict rules, in which the Board is bound. She stated if the Board had any questions or was not sure, do not do it. There is a lot of people who want to develop property in Deltona, and this Board is the first step in that process. She noted there is a case coming up on rezoning, if somebody wants to discuss it, you can choose to talk to them, or you can choose not to speak to them. If you do meet, you have to disclose the meeting, and if you look at their property, you have to reveal this. These things are all real issues where the lawyer representing the developer could question you. She City of Deltona Page 9 Printed on 9/9/2020 Planning and Zoning Board Minutes August 19, 2020 stated we have to make a good record, that we will be discussing at the next meeting. 9. BOARD/COMMITTEE MEMBERS COMMENTS: 10. ADJOURNMENT: The meeting adjourned at 8:19 pm. ______________________________ Michael Putkowski, Chairperson ATTEST: ______________________________ Jessica Entwistle, Board Secretary City of Deltona Page 10 Printed on 9/9/2020