Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, September 16, 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, September 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 6:04 p.m. 2. ROLL CALL: City of Deltona Page 1 Printed on 10/1/2020 Planning and Zoning Board Minutes September 16, 2020 Also in attendance: Ron Paradise, Planning and Development Services; Kathrine Kyp, Planning and Development Services; Nashla Merced, Planning and Development Services. Present:10 - Vice Chair Dwayne Kennedy Secretary Jody Lee Storozuk Member Michael Bowman Member John Harper Member Ruben Munoz Member Patricia Northey Alternate Susan Berk Alternate Allen Pfeffer Alternate Manuel Rodriguez Alternate Robert Trombetta Absent: 1 - Chair Michael Putkowski 3. APPROVAL OF MINUTES & AGENDA: A. Minutes for August 19, 2020. Motion by John Harper, seconded by Michael Bowman, to accept the Minutes for August 19, 2020. The motion carried unanimously. 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: A. Presentation - Quasi-judicial hearings and Sunshine Laws Presented by City Attorney Segal-George. Mr. Paradise gave an overview of quasi-judicial hearings and the importance of creating a clear record. He explained decisions are to be based on impartial, nonbiased evidence that is presented to the Board. He stated ex parte communication involves having contact with interested entities, property site visits, electronic, online communication, or online chat forums regarding land use decisions. He explained the Board will be asked if any members had ex parte communication before discussion on any agenda item. He explained state law does not prohibit ex parte communication, it just needs to be disclosed and if a Board member does not disclose ex parte and there is a finding, it could be considered a violation of due process. For quasi-judicial hearings City staff, Board members, and any members of the public that wish to speak are sworn in. He stated a request has to be consistent with the City's Comprehensive Plan, compatible with the neighborhood, and have school, utility, and transportation capacity. He stated the City Code offers a 30 day window for any aggrieved City of Deltona Page 2 Printed on 10/1/2020 Planning and Zoning Board Minutes September 16, 2020 party to appeal a decision and advised to ensure all decisions made are based on substantial evidence. He spoke about the importance of the Board and Alternates to refrain from speaking on social media about any potential projects or decisions that may or may not come before the Board. Member Northey asked about clarification on who has standing for the meeting. Mr. Paradise explained based on his experience its been the applicant, but its based on a case by case basis is decided by a court of law. Member Storozuk spoke about residential projects being declined and not being able to use the land they have bought. He stated the Board should be careful because it could potentially hurt the City by being sued if they turn down projects. Mr. Paradise stated a presentation on Sunshine Laws will be presented at a future meeting by the City Attorney. 7. NEW BUSINESS: A. Resolution 2020-53 - Conditional Use request for a Community Residential Home at 1202 Sherbrook Drive. Ms. Merced provided the Board with background on the request for a Community Residential home located at 1202 Sherbrook Drive. The site is a platted Deltona lot developed with a 1,400 sq. foot home within the R1-A zoning district. She explained the applicant is proposing an Adult Family Care Home, which the applicant would be providing housing, meals, and personal care for two (2) non-related elderly residents. Ms. Merced explained the residents would be fairly independent and may require minimal assistance with daily activities and there would be one (1) to two (2) caregivers on call that will assist when needed. Ms. Merced explained Section 110-817(c) of the City Land Development Code, establishing criteria for proposed CRH's which are the same as F.S. 419. The criteria are: 1. The CRH cannot serve more than six (6) non-related residents. 2. The CRH cannot be located 1,000 feet from an existing CRH that serves one (1) to six (6) non-related residents or be located 1,200 feet from a CRH that serves seven (7 ) to 14 non-related residents. 3. The City will require the approved CRH to obtain and maintain a business tax receipt. 4. The character of the neighborhood will be protected by minimizing public and private nuisances. Ms. Merced explained the applicant currently has a three (3) bedroom and two (2) bath home, and has applied for a building permit to convert an existing screened room into an additional bedroom. The applicant is currently residing in the home with her son and grandmother, and there will be the only one (1) driver in the home. Ms. Merced noted the City staff recommended approval of the request with the following City of Deltona Page 3 Printed on 10/1/2020 Planning and Zoning Board Minutes September 16, 2020 conditions: 1. The applicant shall provide an approval letter from Volusia County Health Department for the existing septic system prior to the issuance of the BTR to ensure the existing system is adequate in light of the living area expansion to the house. If the existing system is not adequate the applicant will be required to upgrade the existing septic system prior to the BTR issuance. 2. The dwelling shall serve no more than two (2) non-related elderly residents within the dwelling. 3. All residents and services shall be directly associated with and regulated by AHCA. 4. The CRH shall remain under the management and ownership of Chastity Moye, the property owner of 1202 Sherbrook Drive. 5. The applicant shall continue to utilize the dwelling as a primary residence, including maintaining the residence as a homesteaded dwelling. 6. No signage shall be allowed besides what is allowed for a home occupation. 7. The proposed CRH service is for an Adult Family Care Home. If the applicant desires to provide any other services a new conditional use application shall be submitted to the City of Deltona for review and action. Secretary Storozuk, Member Northey, Member Bowman, Member Harper, and Alternate Berk stated they drove by the location. Ms. Moye was called up to the podium to answer any questions from the Board. Vice Chair Kennedy and Member Munoz asked the applicant for clarification of how many residents would be living in the home and how many non-related residents would be coming in as well. Ms. Moye explained she would have her grandmother and son living there along with two (2) non-related residents for a total of five (5) residents. Mr. Paradise spoke to the Board about the regulations based on the square footage of the dwelling unit. He stated the conditions limit the clients to two (2), which is based on AHCA regulations. Member Bowman and Ms. Moye discussed the two residents and the screen room conversion. Secretary Storozuk asked the applicant if she would be providing care for her grandmother and two (2) others. Ms. Moye explained her grandmother and the two (2) clients would need minimum help with daily tasks. Member Harper asked what were to happen if the applicant brought in more clients. Mr. Paradise explained that if they wanted to bring more than two (2) clients they would have to come back and reapply through the same conditional use process. Vice Chair Kennedy opened the public forum. City of Deltona Page 4 Printed on 10/1/2020 Planning and Zoning Board Minutes September 16, 2020 Steven Martin, 1231 Sherbrook Drive, stated according to Florida Statues section 419 the applicant would only need a permit for a CRH for more than seven (7) and stated there can be up to 14 residents. He described his neighborhood as fantastic and asked for this to be able to happen without changing the zoning. Bill Marcopulos, 2051 Oswego Ave., stated he lived directly behind Ms. Moye and spoke about her having two (2) sons living with her. He explained he has lived in his house for 24 years and the neighborhood has never had any crime. He stated he has had bad experiences in Washington with these type of uses and doesn't want this to change the neighborhood. Cindy DuBreucq, 2061 Oswego Ave., stated she believes this will change the neighborhood for the people who have invested their life to live there. She stated this should be done in a commercial zoning, not a residential area. Jeff Price, 1183 Feather Drive, stated he is a licensed realtor who sold many residents in this area their homes. He stated they bought homes in a nice area and it will be changed based on this use. He stated he doesn't think she will be able to take care of four (4) other people. Vice Chair Kennedy closed the public forum. Member Bowman asked the applicant if she has two (2) sons living with her. The applicant explained to the Board one (1) son is in college and comes to visit her, but he does not live with her. Discussion occurred on the needs of the applicant's grandmother, potential clients, and the City having stricter Laws and regulations on CRH's. Discussion continued on how many CRH's are in the City and not having complaints from CRH's in the last eight (8) years. Mr. Paradise explained the proposed conditions and the regulations by AHCA to allow only two (2) elderly non-related residents and noted these uses are inspected on a yearly basis by the City and AHCA. He explained this Resolution is for a conditional use and not for a rezoning. He reassured the Board the applicant cannot change her clientele from elderly to anything else without coming back and reapplying for a conditional use. Motion by Ruben Munoz, seconded by Patricia Northey, to recommend the City Commission to approve Resolution 2020-53 - Conditional Use request for a Community Residential Home at 1202 Sherbrook Drive subject to the amended conditions. The motion carried by the following vote: For: 7 - Vice Chair Kennedy, Secretary Storozuk, Member Bowman, Member Harper, Member Munoz, Member Northey and Alternate Berk City of Deltona Page 5 Printed on 10/1/2020 Planning and Zoning Board Minutes September 16, 2020 Member Bowman voted to approve because it meets all the conditions by AHCA and the City. Member Harper voted to approve because it's an appropriate use. Member Munoz voted to approve because of the staff conditions and recommendations. Member Northey voted to approve because it meets all the requirements of a Conditional Use. Member Berk voted to approve because it meets the City's conditions and its an admirable thing. Secretary Storozuk voted to approve because it's the right thing to do and based on the conditions the City gave with the two (2) elderly residents. Vice Chair Kennedy voted to approve because it meets the requirements on a Conditional use. 8. STAFF COMMENTS: Mr. Paradise spoke regarding the bylaws of the Planning and Zoning Board's continuing education for the year. He noted the quarterly reports will show the progress of acting and alternate members on continuing education. He advised the Board there will be more continued education opportunities for the required credits and noted there were books brought to the meeting The Job of the Planning Commissioner and The Zoning Board Manual for members to take for continued education. 9. BOARD/COMMITTEE MEMBERS COMMENTS: Member Bowman encouraged other members to come to the City Commission meeting Monday to voice their concerns about the Three Island Lakes rezoning. He asked them to take part of the public forum to speak on why they voted to deny. 10. ADJOURNMENT: The meeting adjourned at 7:14 pm. _____________________________ Vice Chairperson, Dwayne Kennedy _____________________________ Board Secretary, Jessica Entwistle City of Deltona Page 6 Printed on 10/1/2020