Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, April 19, 2023 6:00 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 6:00 p.m. 2. ROLL CALL: Present: 9 - Chair Eric Alexander Secretary Rachel Amoroso Vice Chair Susan Berk Member Andrea Cardo Member Ron Gonzalez Member Dr. Allen Pfeffer Member Manuel Rodriguez Member Stony Sixma Member Adam Vazquez Absent: 2 - Member Tara D'Errico Member Steven Webster A. Election of Officers Motion by Member Sixma, seconded by Member Berk, to nominate Member Alexander as Board Chair. The motion carried by the following vote: For: 7 - Chair Alexander, Secretary Amoroso, Vice Chair Berk, Member Gonzalez, Member Pfeffer, Member Rodriguez and Member Sixma Motion by Member Pfeffer, seconded by Member Amoroso, to nominate Member Berk as Board Vice Chair. The motion carried by the following vote: For: 7 - Chair Alexander, Secretary Amoroso, Vice Chair Berk, Member Gonzalez, Member Pfeffer, Member Rodriguez and Member Sixma Motion by Member Sixma, to nominate Member Rodriguez as Board Secretary and Member Rodriguez declined due to being a new member. City of Deltona Page 1 Printed on 7/12/2023 Planning and Zoning Board Minutes April 19, 2023 Motion by Member Gonzalez, seconded by Member Sixma, to nominate Member Amoroso as Board Secretary. The motion carried by the following vote: For: 7 - Chair Alexander, Secretary Amoroso, Vice Chair Berk, Member Gonzalez, Member Pfeffer, Member Rodriguez and Member Sixma 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of March 15, 2023 Motion by Member Sixma, seconded by Member Rodriguez, to approve the minutes of March 15, 2023, as presented. The motion carried unanimously. 4. PRESENTATIONS/AWARDS/REPORTS: None. 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. Chair Alexander opened and closed the public forum as there were none. 6. OLD BUSINESS: None. 7. NEW BUSINESS: A. Ordinance No. 05-2023 - Amending the official Zoning Map to rezone a ±1.76-acre portion of land located at 2965 Howland Boulevard from Business Planned Unit Development (BPUD) to City of Deltona Retail Commercial district (C-1). Mr. Ruiz explained Ordinance No. 06-2023 is a quasi-judicial hearing and the City Attorney would need to swear in anyone wanting to speak on the subject. City Attorney George swore in Mr. Ruiz. Mr. Ruiz turned the meeting over to Chair Alexander for Board ex-parte communications. Member Gonzalez stated he drove by the site. All other members stated they did not have any ex-parte communication. City of Deltona Page 2 Printed on 7/12/2023 Planning and Zoning Board Minutes April 19, 2023 Mr. Ruiz explained Ordinance No.06-2023, is to rezone 2965 Howland Boulevard from BPUD to C-1, Retail Commercial District. He stated it is contiguous with a larger parcel adjacent to the property in question that went through a similar rezone in 2003. The property was originally zoned C-1 prior to the Business Planned Unit Development (BPUD), and aligns with the Future Land Use. Mr. Ruiz spoke regarding matters of consideration including consistency, future land use, and explained it aims to help the City economically. Mr. Ruiz stated staff recommends approval. Member Rodriguez asked for clarification regarding the change of zoning and the difference in uses and projected traffic. Mr. Ruiz explained the rezone would extract the property from the BPUD, as it was no longer suitable to develop the property. Mr. Ruiz affirmed that the Traffic Impact Analysis (TIA) accounted for larger projects and would include increased traffic generated from a restaurant. Vice Chair Berk raised concerns about the main access entry point and if there will be access from the residential area to the property. Mr. Ruiz stated that the main connection will exist within the storage facility plaza, and a pedestrian access will exist between the residential area in Catalina Pointe and the property. Member Amoroso questioned why the restaurant could not be built under BPUD. Mr. Ruiz explained the intended use was not fully executed and it would not be consistent to keep the current zoning. Mr. Posey, Storch Law Firm, explained the BPUD does not allow for traditionally configured restaurants and the rezone prevents multiple future amendments. Motion by Member Sixma, seconded by Member Gonzalez, to recommend the City Commission approve Ordinance No. 05-2023 - Amending the official Zoning Map to rezone a +/-1.76 acre portion of land located at 2965 Howland Boulevard from Business Planned Unit Development to City of Deltona Retail Commercial district (C-1). The motion carried by the following vote: For: 7 - Chair Alexander, Secretary Amoroso, Vice Chair Berk, Member Gonzalez, Member Pfeffer, Member Rodriguez and Member Sixma B. Ordinance No. 06-2023 - Amending the Comprehensive Plan of the City of Deltona, by amending the Capital Improvements Element providing for the replacement of the Capital Improvement Project Five-Year schedule. Mr. Ruiz explained the Capital Improvement Element and stated it is updated every year, as mandated by the State of Florida. Mr. Ruiz states staff recommends approval. Chair Alexander clarified the purpose of the Capital Improvements Element of the Comprehensive Plan. City of Deltona Page 3 Printed on 7/12/2023 Planning and Zoning Board Minutes April 19, 2023 Member Pfeffer spoke regarding the level of service versus actual satisfaction of the citizens. He expressed concerns for citizens' dissatisfaction of allocation of funds. Mr. Ruiz stated that his concern may be more in relation to budget rather than an annual update of metrics. Chair Alexander stated the Capital Improvements Five (5) Year Plan serves as a projection and allocates budget for larger scaled improvements to the City. Member Pfeffer explained he would like to evaluate citizen complaints and compare them to the goals set forth by the Capital Improvements Element. Mr. Ruiz stated that it may be more sensible to look at quarterly reports and yearly budgets instead of a five (5) year capital improvement plan. Motion by Member Sixma, seconded by Member Rodriguez, to recommend the City Commission approve Ordinance No. 06-2023 - Amending the Comprehensive Plan of the City of Deltona, by amending the Capital Improvements Element providing for the replacement of the Capital Improvement Project Five-Year schedule. The motion carried by the following vote: For: 7 - Chair Alexander, Secretary Amoroso, Vice Chair Berk, Member Gonzalez, Member Pfeffer, Member Rodriguez and Member Sixma 8. STAFF COMMENTS: Mr. Ruiz followed up with the Board regarding tenure based appreciation awards for Pat Northey and Ruben Munoz. He stated that the City Manager requested that the Mayor present the awards at a City Commission meeting. Notice of which meeting will be provided if any board member wants to attend. 9. BOARD/COMMITTEE MEMBERS COMMENTS: Vice Chair Berk asked the status of the Residential Planned Unit Development moratorium. Mr. Ruiz stated the RPUD moratorium expired as of April 1st, 2023. Vice Chair Berk asked if Mr. Ruiz expects to see more single-family developments come before the Board. Mr. Ruiz answered yes, and stated the public scoping contract with Axis Engineering was approved at the last City Commission meeting. He explained that this will allow the public scoping process to start, as the goal of doing it during the moratorium was not achieved. Member Pfeffer expressed concerns for the disconnect between the Planning and Zoning Board and City Commission. He asked if a system of rotation amongst Planning and Zoning Board members could be implemented to attend City Commission meetings, so that their decisions are represented by someone. Chair Alexander spoke regarding the process of explaining decisions when voting. City of Deltona Page 4 Printed on 7/12/2023 Planning and Zoning Board Minutes April 19, 2023 Secretary Amoroso added that the Commission should be doing their due diligence in researching before making their decision at the meeting. She stated the Planning and Zoning board members are also part of their constituents. Mr. Ruiz explained that the agenda and minutes recorded can reflect reasons for voting. He stated that the Planning and Zoning Board is state mandated. City Attorney Scott George voiced concerns for Sunshine Law violations if someone were to speak on the behalf of the entire board. Chair Alexander stated that it would be best for each member to contact their district representative if they have concerns, and the Commissioners often read the Planning and Zoning Board minutes and agenda. Member Gonzalez voiced concerns over mixed messages and stated the meeting is recorded for their viewing which is the clearest form of communication for rationale. Vice Chair Berk asks if they have access to the minutes or if they are sent the minutes. Mr. Ruiz explains the minutes are posted to the website and the agenda is available to see how the Board voted. 10. ADJOURNMENT: There being no further business, the meeting adjourned at 7:04 p.m. ______________________________ Board Chair, Eric Alexander ATTEST: ________________________________ Board Secretary, Kaitlyn Apgar City of Deltona Page 5 Printed on 7/12/2023