Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, November 18, 2020 6:00 PM 2nd Floor Conference Room 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 Second Floor Conference Room 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. 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 Second Floor Conference Room 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. The meeting will be available through Webex for residents who wish to participate in a virtual environment. Webex can be accessed by the following methods: Meeting number (access code): 132 892 1680 Meeting password: 97jaF6mNx3A (97523666 from phones and video systems) Join Meeting: <https://cityofdeltona.my.webex.com/webappng/sites/cityofdeltona.my/meet ing/download/80a0675ffbeb4c0e8e1af6bd46659ee3? siteurl=cityofdeltona.my&MTID=m4739fcdc6ac8c4d392e70f7d35b280ee> Join by Phone (Tap to call in from a mobile device (attendees only): +1-510-338-9438 USA Toll Join by video system, application or Skype for business Dial 13288921680@webex.com <mailto:1328101062@webex.com> You can also dial 173.243.2.68 and enter your meeting number. Need help? Go to <http://help.webex.com> Please note your public comments can be submitted via one of the following mediums no later than Noon, November 16, 2020, to ensure they City of Deltona Page 1 Printed on 12/7/2020 Planning and Zoning Board Minutes November 18, 2020 are available for the Board Members 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: Also present: Ron Paradise, Planning and Development Services; and Zhaokai Liu, Planning and Development Services. Present: 6 - Chair Michael Putkowski Vice Chair Dwayne Kennedy Alternate Susan Berk Alternate Allen Pfeffer Alternate Manuel Rodriguez Alternate Robert Trombetta Excused: 5 - Secretary Jody Lee Storozuk Member Michael Bowman Member John Harper Member Ruben Munoz Member Patricia Northey 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of September 16, 2020 Motion by Robert Trombetta, seconded by Michael Putkowski, to accept the Minutes of September 16, 2020. The motion moved unanimously. 4. PRESENTATIONS/AWARDS/REPORTS: City of Deltona Page 2 Printed on 12/7/2020 Planning and Zoning Board Minutes November 18, 2020 A. Presentation - Sunshine Laws Presented by CIty Attorney Segal-George. City Attorney Segal-George spoke to the Board about Sunshine Laws and the Board's presence on social media. She expressed the importance of not speaking on social media because Florida has very strict Sunshine Laws. The Board cannot talk to each other about any item that will be voted on, except within the meeting. If a Board member puts their opinion on social media it is a violation of Sunshine Laws. An ethic complaint can be filed against any member for violating Sunshine Laws because other members may be influenced. The member would then have to ask the City Commission to pay for a lawyer. When a member has to go through the ethics process, the City Commission can be willing to pay the fine and they can fine the individual member as well. Attorney Segal-George explained ex-parte communication and gave examples to the Board such as discussions with the applicant and visiting the location. She explained a lawyer representing an applicant would have the right to cross examine any Board member to inquire on the level of detail disclosed in the ex-parte communication. Member Trombetta asked if Board members were able to have conversations about a project after the vote is done. City Attorney Segal-George explained they are able to have discussions after the vote is completed, and the Board has the right to talk with the Commission. Discussion occurred regarding social media posts. 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: A. Ordinance No. 19-2020 - Amending the Comprehensive Plan of the City of Deltona, by amending the Capital Improvements Element providing for the replacement of the Capital Improvement Project sheets. Mr. Paradise spoke regarding amending the Comprehensive Plan Capital Improvement Element (CIE). He explained this is done every year and is an analysis to see if the City has a fiscal underpinning for ensuring that it's Class A concurrency level of services articulated in the Comprehensive Plan are met. Class A concurrency involves solid waste provision, parks, transportation, potable water, sanitary sewer, and stormwater. Mr. Paradise explained the replacement sheets are a list of projects in the most recent adopted City budget. The sheets can not be revisited, because they were decided by the City Commission and are in the budget. City Staff recommends the Planning and Zoning City of Deltona Page 3 Printed on 12/7/2020 Planning and Zoning Board Minutes November 18, 2020 Board recommend the City Commission approve Ordinance No. 19-2020 amending the Comprehensive Plan of the City of Deltona by amending the Capital Improvements Element providing for the replacement of the Capital Improvement Project sheets. Mr. Paradise explained the Comprehensive Plan is a large document that deals with various elements that all cities in Florida have to do. The analysis is an overview of numbers from the budget and current projects. Discussion occurred on sending the Planning and Zoning agenda out earlier to members, so they have more time to look over agenda items. Chairperson Putkowski asked if now is an appropriate time to suggest the City Commission review the Comprehensive Plan regarding allowable lot sizes. Mr. Paradise noted that a future meeting will have a rezoning application and that discussion would be more appropriate then. Discussion occurred regarding the budget and spending to maintain the City's level of service. Motion by Allen Pfeffer, seconded by Manuel Rodriguez, to recommend the City Commission approve Ordinance No. 19-2020. The motion carried by the following vote: For: 6 - Chair Putkowski, Vice Chair Kennedy, Alternate Berk, Alternate Pfeffer, Alternate Rodriguez and Alternate Trombetta B. Ordinance No. 16-2020 – Amending the Official Zoning Map from Retail Commercial (C-1) to Heavy Commercial (C-3), at 1700 Doyle Dr., Project No. RZ20-0016. City Attorney Segal-George swore in Mr. Paradise, Mr. Liu, and Mr. Zachowicz. Chairperson Putkowski asked each member if they had any ex-parte communications in this matter, and everyone answered no. Mr. Liu explained to the Board, the City received an application to rezone approximately 0.6 acres of land located at 1700 Doyle Road from a C-1 zoning to a C-3 zoning. The applicant is seeking a rezoning change for the purpose of utilizing the property to store commercial vehicles and equipment including heavy trucks and trailers. The parcel was once used to sell bulk quantities of mulch and stone. He explained in Section 110-900 of the Land Development Code gives a set of conditions in conjunction with the existing character of the surrounding area and is the determining factor for the request. The rezoning and associated heavy commercial use allowances are not considered compatible with the residential use located to the north, zoned R1-AAA (residential). Noise orders and highway truck traffic associated with many of the Commercial zoning principal uses would impact nearby City of Deltona Page 4 Printed on 12/7/2020 Planning and Zoning Board Minutes November 18, 2020 residents and school. Mr. Liu spoke regarding Doyle Road being a County road. He stated the City had conversations with the County concerning access to this parcel with large trucks. The County suggested access be solely from the rear alley and/or having a cross access easement with the neighboring convenience store. The County also stated if the access would be granted, it would be a right in and right out. The County also expressed concern regarding the ability to safely maneuver trucks out of the Doyle Road travel lanes into this site. He spoke regarding landscape and parking requirements would leave about 10,000 square feet to develop the site, which is not adequate for this type of use. He concluded there is not enough room for adequate buffers, stormwater, and appropriate access. Therefore, the rezone is inconsistent with the Comprehensive Plan. City Staff recommends the Planning and Zoning Board recommend the City Commission to deny the rezoning application Ordinance No. 16-2020, a request from C-1 to C-3. Alternate Berk asked for what type of business this would be. Mr. Liu explained it would be to store heavy commercial vehicles. Mr. Paradise added that with a C-3 zoning there could be a wide range of uses within the classification that involve everything from a welding and fabrication shop to a contractor storage facility. These intense type of uses are not compatible with adjacent neighborhood. Alternate Pfeffer asked if this use would affect the school down the street. Mr. Paradise explained it could potentially affect school traffic. Discussions occurred regarding traffic and daily trips. Chairperson Putkowski opened public forum. Steven Zachowicz, 1731 N. Tanner Court, explained there is a lot of noise currently with the skating rink and convenience store near their home. He spoke about the current occupant of the land already using heavy equipment making a lot of noise and occupying the alley. He expressed concern about the nearby school and the hours of operation this use may have. Vice Chairperson Kennedy asked if the hours of operation can be regulated. Mr. Paradise stated not with a straight zoning classification. Motion by Manuel Rodriguez, seconded by Susan Berk, to recommend the City Commission deny Ordinance No. 16-2020 amending the Official Zoning Map from Retail Commercial (C-1) to Heavy Commercial (C-3), at 1700 Doyle Dr., Project No. RZ20-0016. The motion carried by the following vote: For: 6 - Chair Putkowski, Vice Chair Kennedy, Alternate Berk, Alternate Pfeffer, Alternate Rodriguez and Alternate Trombetta 8. STAFF COMMENTS: City of Deltona Page 5 Printed on 12/7/2020 Planning and Zoning Board Minutes November 18, 2020 Mr. Paradise wished everyone a safe and Happy Thanksgiving. 9. BOARD/COMMITTEE MEMBERS COMMENTS: Alternate Pfeffer expressed his concerns with the lack of agreement between the City Commission and Planning and Zoning Board. He asked for a workshop between the Planning and Zoning Board and the City Commission about the future vision of the City. City Attorney Segal-George spoke regarding a future meeting with the Commission. She stated an agenda should be made of which to start discussion. Mr. Paradise gave ideas for discussion for the meeting like density, intensity, growth, compatibility, infrastructure, transportation, and utilities. Chairperson Putkowski suggested each member to come up with two (2) different agenda items for the proposed meeting with the City Commission. He asked for it to be added to the agenda for the December Planning and Zoning Board meeting. Mr. Paradise stated there would be an agenda item to have an open forum to come up with a series of topics to discuss with the City Commission. The City Attorney Segal-George expressed the importance of the Board and their actions are important. Discussion occurred regarding different views between the City Commission and the Planning and Zoning Board. Alternate Rodriguez praised Mr. Paradise's educational presentations, and asked if there could be a presentation at the beginning of every meeting about the processes that go with the Land Development process. Alternate Pfeffer said he would like to have legal processes presented. City Attorney Segal-George agreed that education is valuable to the Board. Mr. Paradise stated the Planning and Zoning is a technical group and the Commission does value your opinions and recommendations. Alternate Berk stated they should look at the requirements, Board obligations, and determination guidelines and make the decision based on the provided information. Motion by Robert Trombetta, seconded by Allen Pfeffer, to ask the City Commission for a meeting and to have Mr. Paradise or someone from his department to spend about 10 minutes at each meeting to provide some education. The motion carried unanimously. 10. ADJOURNMENT: The meeting adjourned at 7:17 pm. City of Deltona Page 6 Printed on 12/7/2020 Planning and Zoning Board Minutes November 18, 2020 ________________________________ Chairperson, Michael Putkowski ATTEST: ________________________________ Board Secretary, Jessica Entwistle City of Deltona Page 7 Printed on 12/7/2020