Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, February 17, 2021 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 Noon, February 15, 2021, 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. Background: 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 City of Deltona Page 1 Printed on 3/11/2021 Planning and Zoning Board Minutes February 17, 2021 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 p.m. 2. ROLL CALL: Also present: Ron Paradise, Planning and Development Services; Kathrine Kyp, Planning and Development Services; Zhaokai Liu, Planning and Development Services; Marsha Segal-George, City Attorney. Present:10 - Chair Michael Putkowski Member Dwayne Kennedy Vice Chair Jody Lee Storozuk Secretary Michael Bowman Member Ruben Munoz Member Patricia Northey Alternate Susan Berk Alternate Allen Pfeffer Alternate Manuel Rodriguez Alternate Robert Trombetta A. Election of Officers Mr. Paradise explained the annual election of the officers for the Planning and Zoning Board as per Article XII, Chapter 110 in the City's Land Development Code. The Board will be electing a Chairperson, a Vice Chair, and a Secretary. He reminded the Board that any current elected officers can be reelected to hold their current seat. Chairperson Putkowski handed Secretary Storozuk the gavel and Secretary Storozuk called to order the election of officers. Secretary Storozuk asked if there were any nominations for Chairperson. Member Northey nominated Member Putkowski. Member Munoz asked for clarification regarding Board membership. Secretary Storozuk nominated Member Bowman. Member Munoz nominated Member Kennedy. Secretary Storozuk closed nominations. Motion by Member Northey to appoint Member Putkowski for Chairperson. The motion died for lack of a second, however, the Board City of Deltona Page 2 Printed on 3/11/2021 Planning and Zoning Board Minutes February 17, 2021 voted on an incomplete motion. For: 4 - Chair Putkowski, Member Kennedy, Member Northey and Alternate Berk Against: 3 - Vice Chair Storozuk, Secretary Bowman and Member Munoz Motion by Member Storozuk to appoint Member Bowman as Chairperson. The motion died for lack of a second, however, the Board voted on an incomplete motion. For: 3 - Vice Chair Storozuk, Secretary Bowman and Member Munoz Against: 4 - Chair Putkowski, Member Kennedy, Member Northey and Alternate Berk Secretary Storozuk handed the gavel to Chairperson Putkowski. Member Munoz nominated Member Storozuk for Vice Chair. Alternate Berk nominated Member Kennedy for Vice Chair. Chairperson Putkowski closed nominations. Motion by Member Munoz to appoint Member Storozuk as Vice Chair. The motion died for lack of a second, however, the Board voted on an incomplete motion. For: 4 - Vice Chair Storozuk, Secretary Bowman, Member Munoz and Member Northey Against: 3 - Chair Putkowski, Member Kennedy and Alternate Berk Motion by Alternate Berk to appoint Member Kennedy as Vice Chair. The motion died for lack of a second, however, the Board voted on an incomplete motion. For: 3 - Chair Putkowski, Member Kennedy and Alternate Berk Against: 4 - Vice Chair Storozuk, Secretary Bowman, Member Munoz and Member Northey City of Deltona Page 3 Printed on 3/11/2021 Planning and Zoning Board Minutes February 17, 2021 Chairperson Putkowski opened the floor for nominations for Secretary. Member Bowman nominated Member Northey, and she declined the nomination. Member Storozuk nominated Member Bowman. Chairperson Putkowski closed nominations, as there were no more nominations. Motion by Member Storozuk, seconded by Member Kennedy, to appoint Member Bowman as Secretary. 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of December 16, 2020 Motion by Michael Bowman, seconded by Jody Lee Storozuk, to approve the Minutes of December 16, 2020, as presented. The motion carried by the following vote: For: 7 - Chair Putkowski, Member Kennedy, Vice Chair Storozuk, Secretary Bowman, Member Munoz, Member Northey and Alternate Berk 7. NEW BUSINESS: A. Board Membership Mr. Paradise asked if the Board Membership topic on the agenda with regard to attendance could be spoken about first. Chairperson Putkowski allowed the agenda order change request. Mr. Paradise stated, in June 2020, the City Commission amended Article XII, Chapter 110 of the City's Land Development Code regarding the Planning and Zoning Board membership. He noted the changes including the initiation of alternate membership, education requirements, and an update regarding attendance and vacancies. He explained the Board has the ability to declare a member's seat vacant based on absences. The Land Development Code states if a member misses two (2) consecutive meetings unexcused or three (3) meetings excused or not within a calendar year, they can have their seat made vacant. In 2020, the Board met seven (7) times because of COVID, and former Vice Chair Kennedy missed three (3) of these meetings. Mr. Paradise explained that one of the absences was directly COVID-related. Mr. Paradise stated Article XII ensures consistent attendance for the Board membership but did not account for a pandemic. He stated City staff recommends the Planning and Zoning Board retain Member Kennedy as a Board member. City of Deltona Page 4 Printed on 3/11/2021 Planning and Zoning Board Minutes February 17, 2021 Chair Putkowski stated he would like to go on record to show his sentiments are the same as Mr. Paradise, and Mr. Kennedy has been a great member of this Board. He explained that we are in extraordinary times right now, and if one of Kennedy's absences is due to the pandemic, then the Board needs to allow him to keep his seat. He asked if any other members think otherwise. Member Northey asked for clarification on when absences restart, and Mr. Paradise stated every January. Motion by Jody Lee Storozuk, seconded by Michael Bowman, to keep Member Kennedy on the Planning and Zoning Board. The motion carried by the following vote: For: 7 - Chair Putkowski, Member Kennedy, Vice Chair Storozuk, Secretary Bowman, Member Munoz, Member Northey and Alternate Berk 4. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - General overview of City's Land Development Process Mr. Liu, Urban Planner and GIS Specialist with Planning and Development Services explained the application process and procedure for Combination of Lots of record and the Subdivision Exemption application. He gave the Board information regarding the application requirements and process, along with associated fees. He explained if there is a code case on an application, the subdivision will not be approved until the violation is addressed. He showed the Board examples of a nonconforming shed, a lot split, and a Property Agreement. He spoke regarding the various agencies that are notified about the address changes due to these applications. 5. PUBLIC FORUM: Time permitted, public comment shall be permitted at the end of agenda items only and shall not exceed four minutes. Chair Putkowski opened public forum and closed public forum, as there was none. 6. OLD BUSINESS: A. Ordinance No. 06-2020 - Rezoning Application - Hickory Lakes Preserve Mr. Paradise explained the Board on December 16, 2020, voted to table or defer the rezoning request known as Enterprise Osteen West to facilitate a redesign of the project to effectuate greater floodplain protection. He stated he wanted to concentrate on the changes to the project since the December meeting. He explained the original design had 221 units. The redesigned project now has 189 units. The 32 unit reduction enhances wetland and floodplain projection. He explained FEMA has not yet accepted the letter of map revision and floodplain elevation changes may potentially lower the density even further. He spoke regarding the lakefront amenity center. The buffers have bee enhances including City of Deltona Page 5 Printed on 3/11/2021 Planning and Zoning Board Minutes February 17, 2021 a 75 foot buffer along Enterprise Osteen Rd. which will include a 20 foot Right of Way dedication to Volusia County. There is updated language regarding the provision of the traffic signal at Enterprise Osteen Road and SR415. He stated the applicant cannot pull a building permit for the first dwelling unit until the traffic signal is built and functioning. Mr. Paradise spoke regarding a Saturday, January 30, 2021, joint workshop with the City Commission on quasi-judicial hearings regarding rezoning decisions. He asked City Attorney Segal-George to go over ex-parte communication and to swear in everyone wanting to speak. City Attorney Segal-George explained the meeting should pick up where the last meeting ended. She stated that any ex-parte communication after the December Planning and Zoning Meeting needs to be shared. She spoke regarding pages 20-21 in the Staff Report, which will help members give reasons as to why they are voting a certain way, and gives different rationales to deny or approve the rezone request. She explained this could help with articulating the vote and keeping the motion positive. Mr. Paradise asked Chair Putkowski to ask each member to disclose ex-parte communication, including speaking to someone about the project, driving by the site, etc. Member Berk, Member Kennedy, Member Munoz, and Chair Putkowski stated they had no ex-parte communication. Member Northey stated she spoke with Bob Sayre and Wanda Van Dam and received an email from Ms. Van Damn addressed to the Board. Vice Chair Storozuk explained he visited the property numerous times. Secretary Bowman stated he spoke with Commissioner McCool for clarification on why the December meeting was tabled and received the email from Wanda Van Dam. City Attorney Segal-George asked for anyone who would like to give testimony on the project to stand and raise their right hand and they were sworn in. Mr. Paradise spoke regarding residents who have standing; he explained the memo in the agenda packet has the 300-foot mailing list, which lists who would most likely have standing regarding this project. He stated the Staff Report has been modified to provide alternatives. However, City Staff is recommending the Planning and Zoning Board recommend the City Commission adopt Ordinance 06-2020 with the suggested changes that include a reduction of density, increased buffers, housekeeping language about riparian rights, and timing for the traffic signal. Secretary Bowman asked if any residents with standing have contacted the City regarding legal access; Mr. Paradise stated no. Robert Doan, 231 N. Woodland Blvd. DeLand, from Cobb Cole explained he worked on the annexation for this project. He stated Keith Trace with Property Investment Brokers and David Holden with Quigg Engineering, were available if there were any technical questions from the Board or residents. Mr. Doan spoke regarding the Low Density Residential (LDR) City of Deltona Page 6 Printed on 3/11/2021 Planning and Zoning Board Minutes February 17, 2021 classification, density changes, the floodplain area, buffers, the traffic signal, and parking. He spoke regarding the Homeowners Association requirements being specified in the Development Agreement. Secretary Bowman asked if the Osteen Joint Planning Area (JPA) would be affected by this project, Mr. Paradise stated there is a 15-acre area that abuts the JPA that will not be changed. Mr. Paradise explained most of the JPA area is open water, floodplains, or wetland. Chair Putkowski asked for clarification regarding the stormwater. Non-seated Alternate Pfeffer made comments regarding the floodplain, traffic on SR415, and the traffic signal. Alternate Berk spoke regarding the lots having little floodplain area within them. Mr. Doan explained that these lots could potentially be lost depending on the comments from FEMA. Chair Putkowski opened the public forum. City Attorney Segal-George swore in John Lenius. John Lenius, 51 Eagle Point, handed out sheets regarding the neighborhood along Eagle Nest Rd. and the sea level of his property to the Board. He explained he had to raise his land 52 inches to be able to live on the land due to the flood zone. He expressed concern regarding the size and weight of the potential dump trucks going down Enterprise Osteen Road to build up the area. He asked for the Board to think about the truck traffic that could affect the area. Mr. Paradise explained to the Board that Cliff Shepard would be speaking for 10 minutes because he is representing multiple residents. Cliff Shepard, 2300 Maitland Center Parkway, Maitland, explained he is representing multiple owners in the Osteen area. He stated there is proof on the record for reasons to deny the application. He spoke regarding quasi-judicial matters and the evidence needed to support a vote. He stated the proposed project would impact the environment, wetlands, wildlife, and character of the neighborhood. Alternate Berk spoke regarding a potential conflict with the lawyer previously providing legal advice to the City on quasi-judicial hearings and then representing clients against the rezoning. Mr. Shepard stated he did not represent the residents until after the workshop. Chair Putkowski asked Alternate Berk to speak on this after Mr. Shepard was done speaking. Alternate Berk stated the matter needs to be addressed before the Board continues. Chair Putkowski asked each Board member, and the other Board members stated they did not have a problem with the presentation. Chair Putkowski also requested Mr. Shepard be given an extra minute to speak. City of Deltona Page 7 Printed on 3/11/2021 Planning and Zoning Board Minutes February 17, 2021 Mr. Shepard spoke regarding wetland and water resources. He showed the Board an aerial view of the current status of the property and what it may look like once the houses are built. Chair Putkowski closed the public forum. Mr. Doan spoke regarding impact fees and evaluations done by City Staff. He stated the applicant took into consideration everything that was said at the last meeting and made those changes in the redesign. He stated the comments regarding the land staying rural or not should have been spoken about when the land was annexed into the City. He explained the filling of the land will be done from onsite excavation of stormwater ponds and believes the project is better now with the redesign. Alternate Berk explained she was not questioning Mr. Shepard’s ethics, just the process of how the information was presented. Member Northey spoke regarding the picture presented by Mr. Shepard, stating the area needs to stay the same because it is rural. She believes the project would change the character of the neighborhood and asked the Board to think about the photo shown. Vice Chair Storozuk stated he agreed with Member Northey and asked the residents to go to the City Commission meeting to speak up like they did tonight. Secretary Bowman thanked Mr. Shepard for showing the photo to reflect the possible changes. He stated people bought homes and land in a rural area for a reason. He cannot support the rezone. Member Munoz stated the owner has the right to make changes. He explained the project follows all the rules and asked why the other members were against this. He spoke regarding proposed buffers and other information within the Staff Report. City Attorney Segal-George spoke regarding Mr. Shepard's presentation and the Staff Report. She stated staff worked hard to come up with a rationale on voting hoping to further provide clear and concise direction on how the Board handles quasi-judicial cases. Motion by Jody Lee Storozuk, seconded by Michael Bowman, to recommend the City Commission deny Ordinance No. 06-2020 - Rezoning Application - Hickory Lakes Preserve. The motion carried by the following vote: For: 5 - Chair Putkowski, Member Kennedy, Vice Chair Storozuk, Secretary Bowman and Member Northey Against: 2 - Member Munoz and Alternate Berk City of Deltona Page 8 Printed on 3/11/2021 Planning and Zoning Board Minutes February 17, 2021 Vice Chair Storozuk explained the reason for denying the application include impacts on the environment and neighborhood. Secretary Bowman explained the reason for denying the application is because the rezone is not compatible with the area. Alternate Berk stated she was for the project because it could be good for the City. She believes the applicant has shown proof that they will protect the wetlands with the redesign. Member Kennedy stated is he is all for change because change is always going to happen, but he is going to deny this application because it does not fit the area. 8. STAFF COMMENTS: 9. BOARD/COMMITTEE MEMBERS COMMENTS: Member Northey thanked the staff for their hard work on putting everything together for the meeting and stated her vote was not a reflection of the effort or work done. Chair Putkowski reminded the public that the Planning and Zoning Board is only a recommendation Board, that the City Commission has all of the power, and to please come to make your voice heard for their meeting. Member Munoz asked for a meeting with the City Attorney regarding the different processes for making motions. City Attorney Segal-George explained the Board is getting better at making positive motions, but she would write up a few examples to speak about next meeting. 10. ADJOURNMENT: The meeting adjourned at 7:49 p.m. ______________________________ Michael Putkowski, Chairperson ATTEST: ______________________________ Jessica Entwistle, Board Secretary City of Deltona Page 9 Printed on 3/11/2021