Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, October 19, 2022 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 Patricia Northey Vice Chair Jody Lee Storozuk Secretary Allen Pfeffer Member Eric Alexander Member Susan Berk Member Ruben Munoz Alternate Rachel Amoroso Alternate Andrea Cardo Excused: 1 - Alternate Manuel Rodriguez Absent: 1 - Alternate Steven Webster 3. APPROVAL OF MINUTES & AGENDA: Minutes of September 21, 2022 Minutes filed as approved, per Chair Northey. 4. PRESENTATIONS/AWARDS/REPORTS: 5. PUBLIC FORUM: Time permitted, public comments shall be limited to items on the agenda and shall not exceed two minutes. Please be courteous and respectful of the views of others. Personal attacks on Committee/Board members, City staff or members of the public are not allowed and will be ruled out of order by the Chair. None. 6. OLD BUSINESS: Secretary Pfeffer mentioned every month the Board gets a school capacity letter or traffic study with their agenda and he is confused on how the Board can recommend approval if they do not know what is coming to them in the future. He stated the Board needs more visibility on what is happening. City of Deltona Page 1 Printed on 11/9/2022 Planning and Zoning Board Minutes October 19, 2022 Secretary Pfeffer stated the flood plain maps do not take into account local problems the City is currently having and he does not know how to address these issues. Mr. Paradise explained the Comprehensive Plan Amendment is to change the 20 year plan for the City. The Planning and Zoning Board does make decisions that could change the planning of the City for the future, and proposed changes for the zoning map. These changes could include density and intensity changes as well. Chair Northey requested a road map of what is coming in to the City, Mr. Paradise said he would work on it. Ordinance No. 13-2022 - A major amendment to the Fernanda Place Residential Planned Unit Development (RPUD) to add and rezone two (2) parcels totaling ±43.55 acres of land located south of Fernanda Drive and east of Pine Ridge High School currently zoned City of Deltona Agriculture classification (A) to RPUD; providing for conflicts, providing for severability and providing for an effective date. Mr. Paradise introduced Mr. Joseph Ruiz, Assistant Direct for Planning and Development Services, to give the presentation for Ordinance No. 13-2022. Mr. Ruiz explained this is a quasi-judicial hearing and asked City Attorney Segal George to swear in all residents who have standing or who would like to speak regarding Ordinance No. 13-2022. Chair Northey then asked all members of the Board if they have had any ex-parte communications. Member Berk, Secretary Pfeffer, Vice Chair Storozuk, and Chair Northey stated they have visited the site. Alternate Cardo, Member Munoz, and Member Alexander stated they had no ex-parte communications. Mr. Ruiz explained Fernanda Place Phase Three (3) is proposing 145 lots and would have open space, a dog park, and amenity tracts. They would contribute $100,000 towards affordable housing for the City. He spoke regarding the timeline of the project, stating it originally came to the Planning and Zoning Board in June 2022, and went to the City Commission three (3) times where it was continued twice and remanded back to the Board on October 3rd. Mr. Ruiz stated staff has done a site visit and requested the applicant to do a Tree Survey, although staff has not received that report we have received a survey from an arborist. Mr. City of Deltona Page 2 Printed on 11/9/2022 Planning and Zoning Board Minutes October 19, 2022 Ruiz explained the pool was moved into Phase 3 to not overcrowd the Phase 1 pool. The applicant has also added 56 amcillary parking spaces for all phases to help with street parking. Discussion occurred regarding the extra parking, affordable housing, stormwater easements, and the HOA. Member Berk asked if the City could look into having more model homes allowed than five (5), to give residents more options. Staff explained model homes can be disruptive to surrounding homeowners. Mark Watts, 231 North Woodland Blvd., has been working for two (2) years with staff and the Volusia County School District. Mr. Watts spoke regarding the retention ponds being cleaned up from the past phasing, explaining Ashton Woods did not develop Phases 1 and 2. He spoke regarding the pool site possibly being changed to something else due to the feedback from the residents and HOA, but staff asked for another pool to be added. He explained they will reshape the pond to add the walking trail and will look into some of the items requested by residents. He spoke regarding New York Avenue, he stated they have to work with nine (9) property owners on how to move forward with it. He explained they are waiting for the School Board on how to move forward and will cost approximately 1.6 million dollars. Mr. Watts spoke regarding affordable housing and adding funding to help the City's efforts to come up with a strategy for the City to move forward with it. He stated the HOA fees would only increase by about $9 a month for all the additional amenities for the residents. Alternate Cardo stated from the past meeting on Fernanda Place most of the residents would not like this built and spoke regarding widening the roads. Vice Chair Storozuk shared his concern regarding Pine Ridge High School being at 120% capacity after this addition. Discussion occurred regarding school capacity and affordable housing laws. City Attorney Segal-George explained the City has a very active Affordable Housing Advisory Committee and they are looking for ways to make it happen here. Mr. Watts explained the funds from Fernanda Place, would assist to bring affordable housing to Deltona. Member Munoz stated he was concerned regarding traffic and believes the traffic light might make it worse. City of Deltona Page 3 Printed on 11/9/2022 Planning and Zoning Board Minutes October 19, 2022 Chair Northey opened public comment. City Attorney Segal-George swore in the public that came in late. John Stazzer, 1028 Landing Lane, shared his current issues with parking and concerns he has with HOA guidelines regarding sheds. He stated when he bought his house he was told the land to the south was protected. Jennifer Sutton, 1028 Landing Lane, explained she is the secretary and treasurer of the HOA. She stated when they bought their home, Starlight Homes stated no one would develop to the south. She stated New York Avenue is her largest concern, along with schools being at capacity already. Lew Lang, 1017 Landing Lane, thanked the Planning and Zoning Board for challenging Ashton Woods and making them work with the community already there. He stated there was a community Zoom Meeting set up by Ashton Woods on October 11, 2022, and it was a disaster. He stated the community does not want a dog park and the streets are not wide enough. He asked the Board to please deny this project again. Diane Clemmer, 3597 Fernanda Drive, stated at the Zoom Meeting on October 11, 2022, that the community’s voices were not heard. They were all told this would happen no matter what. She stated she is a dog owner and does not want the dog park. She would prefer a basketball court. Judith Castellini, 3583 Fernanda Drive, thanked all the residents who came out and spoke. She stated the traffic is awful coming in and out of the neighborhood. She stated there are fires set on the south property already, with no help from the HOA. She shared her frustration regarding nonresidents swimming in the pool. She asked for something else to be built instead of a dog park. Jose Tarera Martinez, 3538 Fernanda Drive, stated he is a new homeowner and was told when he bought his home there would only be 35 homes built to the south, not 145. He stated adding more homes would cause more issues with traffic. He asked the Planning and Zoning Board to deny the project. Chair Northey closed public comment. Mr. Paradise explained this would go to the City Commission on November 21, 2022, for anyone who would like to come to that meeting. Mr. Watts explained the conservation area would remain untouched. He stated during the Zoom call there was a comment regarding homes being built no matter what happens. He explained that meant was it would depend if it was under an RPUD or under the current City of Deltona Page 4 Printed on 11/9/2022 Planning and Zoning Board Minutes October 19, 2022 zoning. He spoke regarding access and the complaints regarding the pool, gates, and HOA. Motion by Jody Lee Storozuk, seconded by Ruben Munoz, to recommend the City Commission deny Ordinance No. 13-2022. The motion carried by the following vote: For: 6 - Chair Northey, Vice Chair Storozuk, Secretary Pfeffer, Member Berk, Member Munoz and Alternate Cardo Against: 1 - Member Alexander Vice Chair Storozuk stated he made the motion against this project due to his concerns with traffic, safety, and the capacity of our schools. Member Munoz stated he voted to second the motion because of the impacts of traffic and schools which is part of the Comprehensive Plan. Member Alexander stated he does not agree with the others, he stated it is never going to be perfect, but the bottom line the owner has the right to try to rezone it. Secretary Pfeffer stated he does not see any compelling reason to change the zoning. Member Berk stated she was voting to deny the development because one road cannot support that many cars. This will impact too many people, schools, and traffic. Alternate Cardo stated she was voting for denial due to the same reason as mentioned by the Board Members like traffic, schools, overcrowding, and the resident's concerns. Chair Northey stated she is voting for denial due to concerns with traffic and schools. She believes this is too intense. 7. NEW BUSINESS: Meeting recessed at 8:02 pm. Chair Northey called the Planning and Zoning Board meeting to order at 8:10 pm. Ordinance No. 22-2022- An Ordinance of the City of Deltona, Florida, pertaining to the Comprehensive Plan; providing for a Small Scale Future Land Use Map Amendment for a portion of the property located at 2965 Howland Boulevard referenced as parcel 8109-00-00-0064 and for all of parcel 8109-00-00-0070 located just north of Catalina Boulevard from Commercial (C) to Medium Density Residential (MDR); providing for City of Deltona Page 5 Printed on 11/9/2022 Planning and Zoning Board Minutes October 19, 2022 conflicts, severability, and effective date. Mr. Paradise spoke regarding Ordinance No. 22-2022, stating it is a small future land use amendment. He explained this long-range future land use change is not a quasi-judicial hearing, like the last Ordinance. He stated the applicant would like to change the land from Commercial to Medium Density Residential, being multifamily-oriented with cottages and townhomes. Mr. Paradise explained staff does have issues with changing the Commercial future land use zoning to Residential, and requested the applicant do an 80/20 mix to protect parts of the Commercial entitlements. Discussion occurred regarding Commercial access not being allowed off Howland Boulevard and residential uses being allowed. Chair Northey asked why staff was recommending this project for denial if they recommended a past project for approval. Mr. Paradise explained Halifax has a medical aspect and this does not. Glen Storch, 420 South Nova Road, explained this is not multifamily, it's a luxury rental community and a restaurant. He stated the individual cottages are the same size as an apartment, but there would be luxury amenities like a fire pit, pools, gathering rooms, a business center, and more. He explained more than five (5) acres of vegetation would be set aside as matured vegetation and would remain untouched to ensure neighbors have no impact. Mr. Storch explained communities like these are rented out by millennials and retirees due to the low maintenance. He stated no one has bought this property for many years because Commercial access is not allowed from Howland Boulevard, making it an inappropriate use. He explained a commercial use would have over 30,000 trips a day and residential would have less than 1,800 trips. Chair Northey stated there would never be anything commercial there because of the access. Discussion occurred regarding luxury pricing. Mr. Storch stated the advantage of the rental community is the City is taxing them based on the Commercial value, although staff stated this is proposed to be zoned residential. Member Berk asked how many cottages and townhomes would be built. Mr. Storch stated 189 cottages and 88 townhomes, which are all rentals. City of Deltona Page 6 Printed on 11/9/2022 Planning and Zoning Board Minutes October 19, 2022 Alternate Cardo asked how big the commercial building would be. The applicant stated 6,000 square feet. She also request to know how the applicant came up with the commercial traffic count numbers. Mr. Paradise explained the applicant based it on a shopping center. Chair Northey opened public comment. Farley Kalp, 2855 Barry Drive, stated most of the properties surrounding this are 2.5 acres. He expressed concerns regarding the applicant not speaking about the school capacity. Mildred Piper, 247 Bayou Circle, explained she owned the property connected to this and was unable to do anything with it because they were required to build a retaining wall. She stated there was a big hole in front of this property. Gabby Letourneau, 2531 Leonard Drive, stated she is a millennial and this should be about affordable housing. She expressed her concerns regarding the rise in the crime rate in this area. She stated the commercial and residential traffic numbers seem to be off. Public comment closed. Mr. Paradise explained to the Board and the public that this item goes to City Commission on November 7, 2022. Mr. Storch said he will work with the neighbors regarding their concerns and he read the school capacity letter off his phone for the record. He reminded residents that if this stayed residential it could become a hotel with multiple stories looking down into residents yards and open 24 hours a day. Chair Northey stated this is very similar to what the Planning and Zoning approved for Halifax in the Commercial corridor . Motion by Ruben Munoz, seconded by Eric Alexander, to recommend the City Commission approve Ordinance No. 22.2022. The motion carried by the following vote: For: 4 - Chair Northey, Member Alexander, Member Berk and Member Munoz Against: 3 - Vice Chair Storozuk, Secretary Pfeffer and Alternate Cardo 8. STAFF COMMENTS: None. 9. BOARD/COMMITTEE MEMBERS COMMENTS: None. City of Deltona Page 7 Printed on 11/9/2022 Planning and Zoning Board Minutes October 19, 2022 10. ADJOURNMENT: The meeting adjourned at 9:09 pm. ______________________________ Board Chairperson, Pat Northey ATTEST: _____________________________ Board Secretary, Jessica Entwistle City of Deltona Page 8 Printed on 11/9/2022