Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, November 16, 2022 6:00 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting called to order at 6:00 pm. 2. ROLL CALL: Present: 7 - Chair Patricia Northey Secretary Allen Pfeffer Member Eric Alexander Member Susan Berk Member Ruben Munoz Alternate Andrea Cardo Alternate Steven Webster Excused: 2 - Alternate Rachel Amoroso Alternate Manuel Rodriguez 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of October 19, 2022 Minutes to be filed as written, per Chair Northey. 4. PRESENTATIONS/AWARDS/REPORTS: None. 5. PUBLIC FORUM: Time permitted, public comments shall be limited to items on the agenda and shall not exceed four 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. Chair Northey opened and closed public forum as there were none. 6. OLD BUSINESS: None. 7. NEW BUSINESS: City of Deltona Page 1 Printed on 12/21/2022 Planning and Zoning Board Minutes November 16, 2022 A. Ordinance No. 24-2022 - An Ordinance of the City of Deltona, Florida, amending the official zoning map to rezone approximately 34.83 acres of land located at the intersection of Howland Boulevard and Catalina Boulevard from Business Planned Unit Development (BPUD) and Retail Commercial District (C-1) to City of Deltona, Residential Planned Unit Development (RPUD); providing for conflicts, providing for severability, and providing for an effective date. Mr. Paradise thanked the Chair and apologized to the Board for having the agenda out late. He explained Ordinance No. 24-2022 is a rezoning request making it a quasi-judicial meeting. He turned the meeting over to City Attorney Segal-George to swear in the public with standing or anyone who would like to speak on the rezone. City Attorney Segal-George turned the meeting over to Chair Northey to ask if any Board Member had any ex-parte communication regarding the rezone. Member Berk and Chair Northey drove by the site, but other members had no ex-parte communication. Member Munoz arrived at 6:04 pm and stated he did not have any ex-parte communication. Mr. Paradise explained the Comprehensive Plan small-scale amendment went before the Planning Board last month and was approved at first hearing by the City Commission. He stated this would be done in a “Build-to-Rent” format, and this project will not be subdivided into separate projects. He explained this project would be a tax-based benefit for the City. Mr. Paradise explained staff is working with the applicant to develop a final Development Agreement that states they will be required to bring in all the amenities at first phase, there would be no short-term rentals, a build-out of walking trails, and more. He stated staff has requested the applicant build an eight (8) foot sidewalk along Howland Boulevard for the 36 students having to walk to school. Mr. Paradise stated City staff recommends the Planning and Zoning Board recommend the City Commission approve the rezoning for Catalina Pointe with the stipulation the applicant continues to work with the City regarding the Development Agreement. Chair Northey asked questions regarding the native vegetation and trees along the property. Glen Storch, 420 S. Nova Rd. Daytona Beach explained this site has been zoned commercial for decades, and nothing was been built on it. He stated the Planning Board recommended in the last meeting that this parcel should be something else as well as City Commission. He stated this is a commercial rental project, not residential. Mr. Storch stated the commercial restaurant site will be the size of an Outback and built to be restaurant ready. He explained this is a contract between the applicant and the City and City of Deltona Page 2 Printed on 12/21/2022 Planning and Zoning Board Minutes November 16, 2022 that whoever owns the property will forever have to maintain the property based on the Development Agreement. Mr. Storch spoke regarding the amenities for the project and stated the property would also be gated with 120 guest parking spaces. He explained the whole property will have privacy fencing. Discussion occurred regarding whether the townhomes would have garages or not. Mr. Storch stated the cottages will have backyards, unlike an apartment. He gave some background on Asset Living, who will be managing the property. He stated this property will only increase in value, and this is like an apartment complex but better. He stated there is a mitigation plan in place if there are any endangered species and maintaining 5.5 acres of tree preservation. He explained by changing this property from Commercial to Residential will significantly reduced potential traffic in this area. He stated the City would intake approximately $900,000 and estimate 2.85 million dollars for impact fees. Member Alexander asked if the rentals would be age-restricted and if all entrances would be gated. Mr. Storch stated there would be no restrictions, and all entrances would be gated. Alternate Cardo questioned if there was a safety net for the City to ensure the project is completed. Discussion occurred regarding phasing and a design criterion. Alternate Cardo asked why the numbers on the traffic counts were different between this meeting and the last since the numbers went from 1800 to 2300. She asked if the level of service for Howland Boulevard and Catalina Boulevard could be shared with the Board. Mr. Paradise explained the level of service on Howland is an E and Catalina is a D. Both roads are operating within capacity, but the counts need to be updated. Member Berk stated in the previous presentation there would be a right and left turn lane, but in this presentation it is missing. She wanted to know why it changed. Mr. Paradise explained staff suggested the turn lane on Catalina Boulevard has not been not incorporated by the applicant yet. Secretary Pfeffer asked if the applicant could define high-end luxury, and how this would be any different from other apartments. Mr. Storch stated the amenities are what separates them. Discussion occurred regarding the Better Business Bureau rating of Asset Living receiving City of Deltona Page 3 Printed on 12/21/2022 Planning and Zoning Board Minutes November 16, 2022 an F, due to the lack of response to residents. Mr. Storch rebutted that the internet cannot be trusted. Mr. Pfeffer requested Asset Living be investigated. Secretary Pfeffer asked if there would be a performance bond. Mr. Paradise stated there would be one that covers infrastructure. Chair Northey asked if eight (8) foot sidewalks would be built for the children who have to walk to school. Mr. Storch stated they were trying to fight this because the surrounding sidewalks are all five (5) feet, so he could not agree to this. Chair Northey explained the sidewalks need to be made to eight (8) feet for the children. Chair Northey opened public forum. Farley Kalp, 2855 Barry Drive, explained the lots on Barry Drive are 2.5 acres, and this would not be compatible. He suggested someone has already been on the property clearing out the scrub jay habitats. He stated he would not be available for the neighborhood meeting, and expressed concern for his older neighbors. Chair Northey closed public forum. Mr. Storch stated he was creating buffers for all of the neighbors by keeping the natural vegetation. This would ensure their privacy is maintained. He stated that Mr. Kalp did not have standing on this because he lived across the street on Barry Drive, not abutting. Motion by Ruben Munoz, seconded by Eric Alexander, to recommend the City Commission approved Ordinance No. 24-2022 rezoning approximately 34.83 acres of land located at the intersection of Howland Boulevard and Catalina Boulevard from Business Planned Unit Development (BPUD) and Retail Commercial District (C-1) to a Residential Planned Unit Development (RPUD) with eight (8) foot sidewalks. For: 6 - Chair Northey, Secretary Pfeffer, Member Alexander, Member Berk, Member Munoz and Alternate Cardo Against: 1 - Alternate Webster Member Alexander stated he voted for the project because it is a great new concept. He likes the phases because they are all different. Member Berk stated she was voting for the project because it is consistent with the Comprehensive Plan. She explained the City needs the housing, and will have a positive City of Deltona Page 4 Printed on 12/21/2022 Planning and Zoning Board Minutes November 16, 2022 effect on a tax basis. Member Munoz stated he was for the project because it is a good project for the City. Alternate Cardo stated she voted in favor because the applicant has done a good job trying to help with the impacts on the surrounding neighbors. She stated she still has concerns regarding the residents and traffic. Alternate Webster stated he was voting against it because he did not know enough about the project. Secretary Pfeffer stated he was voting yes because the City needs a small center with restaurants. Chair Northey stated he was voting for it because it was consistent with the Comprehensive Plan and was confident in Mr. Storch. 8. STAFF COMMENTS: None. 9. BOARD/COMMITTEE MEMBERS COMMENTS: Member Pfeffer stated he was concerned regarding not knowing what is coming to the City. Mr. Paradise stated staff would provide the Board with the level of service currently on Howland Boulevard. Chair Northey requested for an education session on Howland Boulevard and where it is currently. Discussion occurred regarding flooding and the 100-year floodplain. 10. ADJOURNMENT: The meeting adjourned at 7:37 pm. _________________________________ Chairperson, Pat Northey ATTEST: _________________________________ Board Secretary, Jessica Entwistle City of Deltona Page 5 Printed on 12/21/2022