Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, March 15, 2023 6:00 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order 6:00 pm. 2. ROLL CALL: Present: 7 - Member Eric Alexander Alternate Rachel Amoroso Member Susan Berk Chair Ron Gonzalez Secretary Allen Pfeffer Chair Stony Sixma Alternate Andrea Cardo Absent: 1 - Alternate Steven Webster A. Election of Officers Secretary Pfeffer explained staff requested the Election of Officers to be postponed to next month due to new members not sitting on the dais until next month. All members agreed to table this to the next meeting. 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of January 18, 2023 Motion by Eric Alexander, seconded by Member Sixma, to approve the Minutes of January 18, 2023, as presented. The motion carried unanimously. 4. PRESENTATIONS/AWARDS/REPORTS: Secretary Pfeffer requested staff to prepare an award for Chair Northey for her service. Mr. Ruiz stated staff would look into doing this for her. City of Deltona Page 1 Printed on 4/12/2023 Planning and Zoning Board Minutes March 15, 2023 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. Secretary Pfeffer opened and closed public forum as there was none. 6. OLD BUSINESS: None. 7. NEW BUSINESS: A. Resolution No. 2023-02 - A Resolution of the City of Deltona, Florida; granting a Variance to permit the development of a single-family dwelling on an existing 50-foot wide lot with an area of 5,000 square feet within the R1, Single Family Zoning District located at 3602 Apple Orchard Drive, within the City of Deltona; providing for conditions, conflicts, severability, and an effective date. Ms. Merced spoke regarding Resolution No. 2023-02, explaining the Variance request is to waive the R1 zoning requirements of the City’s Land Development Code. She stated 3602 Apple Orchard Drive is part of the 1925 Carnell Plat, and was not part of the 1966 Deltona Lakes Plat. She explained the only requirement the property would not meet is the lot size area and width. All other requirements are being met. Ms. Merced stated staff recommends the Planning and Zoning Board recommend the City Commission approve Resolution No. 2023-02, granting a Variance to waive the minimum lot size requirements stipulated within the R1, Single-Family Zoning Classification for the property located at 3602 Apple Orchard Drive with the following added conditions: 1. The development of the single-family dwelling shall be consistent and comply with the minimum zoning requirements of the R1, Single-Family Zoning Classification, per Section 110-307 of the City’s Land Development Code (LDC), excluding the minimum lot size and width requirements. 2. The proposed metal single-family residential building shall only be permitted in accordance with the requirements stated within Section 110-814(i) - Metal Buildings of the City’s Land Development Code. 3. Prior to the construction of the proposed Single-Family Residence, an application shall be submitted to the Building Department for review and approval. Member Alexander asked what the owner wants to build on the lot. Ms. Merced explained the applicant would like to build a single-family dwelling, although they do not meet the area and width requirements. She explained the owner bought the land not knowing they could not be able to build a home on it, but without a Variance the owner City of Deltona Page 2 Printed on 4/12/2023 Planning and Zoning Board Minutes March 15, 2023 is unable to build on it due to the constrains. Member Alexander asked if there are a lot of lots like this and Ms. Merced explained most of the others are already combined with other lots. Member Sixma asked if there were any other lots that are this size because there are hundreds of lots that are unbuildable. People have to do their due diligence before buying their lots. Ms. Merced stated there is only one (1) lot that is the same size within that area. Alternate Cardo questioned the legal description stating lot 24 and 25. Ms. Merced explained the lots are already combined. Discussion occurred regarding the Carnell Plat, Deltona Lakes Plat, and metal building requirements. John Fugera, 3605 Apple Orchard Drive, explained he has the oldest house in this area and is against this. He explained the lot was split due to a divorce. Ryan Lee Kidd, 3603 Monument Drive, stated he owns the property behind this lot and is not in favor of the Variance. He explained his concerns with potential flooding that could be caused due to the new lot and believes the new lot will impose on his. He asked the Board to please not approve this because it will impose the neighbors. Anthony Liddy Jr., 3618 Apple Orchard Drive, lives right next door and expressed his concerns regarding drainage in this area. He explained the property was up for auction and was listed as buildable. He expressed his concerns with the lot being built on because a Gopher Tortoise lives on the lot. Chris Kable, 536 Ferdinand Ave., lives across the street and built his home in 1994. He stated this would not be fair to the neighbors because it’s too small and close to other homes. He explained he tried buying the lot many years ago to build a batting cage for the neighborhood kids but was told it was unbuildable. Member Sixma stated he feels bad for people who do not do their due diligence before buying a lot. Discussion occurred regarding the Carnell Plat. Member Berk asked how the Variance would affect the neighbors. Mr. Ruiz explained the setbacks would be according to the Land Development Code and only difference would be the area and width of the lot. City Attorney Segal-George explained Variances are different because this house would be different from the others around. She spoke regarding the special circumstances of a Variance. Motion by Member Sixma, seconded by Eric Alexander, to deny Resolution No. 2023-02 - A Resolution of the City of Deltona, Florida; City of Deltona Page 3 Printed on 4/12/2023 Planning and Zoning Board Minutes March 15, 2023 granting a Variance to permit the development of a single-family dwelling on an existing 50-foot wide lot with an area of 5,000 square feet within the R1, Single Family Zoning District located at 3602 Apple Orchard Drive. The motion carried by the following vote: For: 6 - Member Alexander, Alternate Amoroso, Member Berk, Chair Gonzalez, Secretary Pfeffer and Chair Sixma Against: 1 - Alternate Cardo B. Ordinance No. 04-2023 - An Ordinance of the City of Deltona, Florida, providing for an amendment to the Deltona Village Business Planned Unit Development (BPUD) overall Development Plan/Master Development Plan increasing the number of multi-family unit allocation for the BPUD from 414 units to 652 units; amendment to the Development Agreement approved by Ordinance No. 21-2009; and Rezone an additional ±26.57 acres of land to be included within the Deltona Village BPUD; providing for severability; and providing for an effective date. Mr. Ruiz explained Ordinance No. 04-2023 is a quasi-judicial hearing and anyone in the public wanting to speak would need to be sworn in. Mr. Ruiz asked Secretary Pfeffer to ask members if they had any ex-parte communication. Member Gonzalez, Sixma, Alexander, and Alternate Amoroso had no ex-parte communication. Secretary Pfeffer, Member Berk, and Alternate Cardo drove by the site. City Attorney Segal-George swore in Mr. Ruiz. Mr. Ruiz explained Ordinance No. 04-2023 is a request to amend the Business Planned Unit (BPUD) by amending the Overall Development Plan/ Master Development Plan to increase the multi-family unit cap to 652 units, amend the Development Agreement, and add approximately 26.57 acres to the BPUD. He spoke regarding the history of the Deltona Village BPUD and the Traffic Impact Analysis (TIA) entitlements. Mr. Ruiz explained the new Development Agreement has been provided to the Board and there have been some changes to the wording like improvements to traffic signals. He stated the added land was contemplated with the trips associated with the BPUD and if approved will exist with the uses allowed. Mr. Ruiz stated staff recommend the Planning and Zoning Board recommend the City Commission approve Ordinance No. 04-2023. He explained the applicant is currently pursuing their Volusia County School Board School Concurrency. City of Deltona Page 4 Printed on 4/12/2023 Planning and Zoning Board Minutes March 15, 2023 Secretary Pfeffer asked if the Ordinance was properly advertised. Staff advised it was advertised in the newspaper and with the public notice signs. Member Berk requested Mr. Ruiz explain the changes in the new Development Agreement provided to the Board. Discussion occurred regarding changes within the Development Agreement. Attorney Booker, Booker and Associates, stated she represents Deltona Retail Holdings and spoke regarding the entrance of the apartments. Alternate Cardo asked where the apartments would be located. Mr. Ruiz explained the applicant has expressed interest in putting Phase II of the apartments next to the first phase. This would be an additional 351 units. Discussion occurred regarding the trip generation and road impacts. Member Berk expressed concerns regarding the traffic counts Attorney Booker explained the activity center was under the Development of Regional Impact (DRI), which had an extensive TIA done in 2009, and the current application is requesting to increase the multi-family from 414 to 652 and adding parcels. She stated the applicant is not adding any uses to the Development Agreement. Alternate Cardo expressed concerns regarding the applicant presenting traffic numbers from 2009. Mr. Ruiz explained the traffic matrix is from 2009, but the numbers in the Staff Report are from the latest version of the ITE manual. Discussion occurred regarding traffic in the Activity Center and a potential Traffic Impact Analysis for the Activity Center/DRI between Volusia County, Orange City, Deland, and Deltona. The Board requested for the results to be shared with them. Discussion occurred regarding the market demands for multi-family and commercial uses. City Attorney Segal-George explained the Board will need to state why they are voting yes or no when they vote. Secretary Pfeffer opened public forum. Adam Vazquez, 707 Cloverleaf Blvd, thanked the Board for their concerns regarding traffic. He expressed concerns regarding traffic in this area. He stated this area is meant for commercial and apartments should be put somewhere else that is not meant for commercial. City of Deltona Page 5 Printed on 4/12/2023 Planning and Zoning Board Minutes March 15, 2023 Secretary Pfeffer closed public forum. Motion by Eric Alexander, seconded by Member Sixma, to recommend the City Commission approve Ordinance No. 04-2023 amending the Deltona Village Business Planned Unit Development overall Development Plan/Master Development Plan increasing the number of multi-family unit allocation for the BPUD from 414 units to 652 units; amendment to the Development Agreement approved by Ordinance No. 21-2009; and Rezone an additional ±26.57 acres of land to be included within the Deltona Village BPUD The motion carried by the following vote: For: 6 - Member Alexander, Member Berk, Chair Gonzalez, Secretary Pfeffer, Chair Sixma and Alternate Cardo Against: 1 - Alternate Amoroso Alternate Amoroso explained she is voting to deny due to the school capacity letter missing. Member Alexander stated he is voting for the Ordinance because we need Commercial. The City does not have enough quality apartments in Deltona, and we need it. Member Gonzalez stated he is voting for the Ordinance. He holds a concern for traffic, but believes this will balance itself out once the commercial uses comes in. Member Berk stated she is voting yes, although she has concerns about traffic. She believes the community deserves a community that is self contained with commercial uses. She stated it is consistent with the Comprehensive Plan. Member Sixma stated he is voting yes because it falls in with the Comprehensive Plan. He explained that this has been in design for many years and why its called the Southwest Activity Center. He stated this is supposed to be designed after the Heathrow area. Alternate Cardo stated she is voting yes because it is consistent with the elements of the Comprehensive Plan, the impacts to the environment are minimal, and the impacts to the economy are positive. 8. STAFF COMMENTS: None. 9. BOARD/COMMITTEE MEMBERS COMMENTS: City of Deltona Page 6 Printed on 4/12/2023 Planning and Zoning Board Minutes March 15, 2023 None. 10. ADJOURNMENT: The meeting adjourned at 7:54 pm. _____________________________ Board Chair ATTEST: ____________________________ Board Secretary, Jessica Entwistle City of Deltona Page 7 Printed on 4/12/2023