Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, August 21, 2024 6:00 PM Deltona Commission Chambers 1. CALL TO ORDER: Chair Berk called the meeting to order at 6:00 pm. 2. ROLL CALL: Present: 6 - Chair Susan Berk Vice Chair Andrea Cardo Member Eric Alexander Member Ron Gonzalez Member Dr. Allen Pfeffer Alternate Tara D'Errico Excused: 3 - Secretary Rachel Amoroso Member Manuel Rodriguez Alternate Jeffrey Zlatos Absent: 1 - Alternate Steven Webster Also Present: City Attorney Segal-George, Jordan Smith, Jessica Entwistle, David Webster Jr., Nelly Kerr, Planning and Development Services; and Sharon Shivers, Fire Department. 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of July 17, 2024 Motion by Member Pfeffer, seconded by Alternate D' Errico to approve the Minutes of July 17, 2024, as presented. The motion carried unanimously. 4. PRESENTATIONS/AWARDS/REPORTS: None. City of Deltona Page 1 Printed on 9/6/2024 Planning and Zoning Board Minutes August 21, 2024 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 Berk opened and closed public forum as there was none. 6. OLD BUSINESS: None. 7. NEW BUSINESS: A. Ordinance No. 14-2024- Revising Section 110-810 "Driveways-Residential"; providing for purpose and intent; providing for codification; providing for conflict; severability, and an effective date. City Attorney Segal-George introduced Ordinance No. 14-2024 and highlighted the collaborative efforts of staff in refining this Ordinance. The Ordinance addresses multiple code complaints and represents a significant improvement from its initial draft. Jessica Entwistle, Planning Manager, presented the changes to the Land Development Code concerning driveways. She explained that all driveway projects, regardless of material or expansion, will now require a permit. The presentation included a comparison of current regulations and the proposed changes. Alternate D'Errico noted resident dissatisfaction with narrow driveways in Deltona. Staff confirmed that existing driveways will not be affected by the new Ordinance. They stated this is to prevent new driveways from being placed directly up to front doors. Ms. Entwistle mentioned that the existing code specifies a maximum of 24-foot width for driveways, but indicated that this could be revisited. Discussion occurred about the potential burden of permitting fees on residents and whether a compromise could be reached regarding driveway expansions. Vice Chair Cardo suggested to amend the code to allow a 4-foot expansion of driveways, provided it does not encroach on a setbacks, and to forward this amendment to the City Commission. Jordan Smith, Planning Director clarified that the Ordinance will apply to new driveways only. City Attorney Segal-George emphasized proactive measures in dealing with the Ordinance. Alternate D'Errico expressed concern that additional driveway width might frustrate City of Deltona Page 2 Printed on 9/6/2024 Planning and Zoning Board Minutes August 21, 2024 residents. Chair Berk opened Public Forum. Tim Blodet, Deltona, stated that the minimum standard for handicap parking areas is an additional 36 inches. Chair Berk closed Public Forum. Jordan Smith recommended pulling the Ordinance for further review and make adjustments. C. Ordinance No. 07-2024- Amending Sections 22-186 to 22-191, of Article VI, "Street Vendors", of Chapter 22 "Businesses", of the Land Development Code of the City of Deltona. Jessica Entwistle, Planning Manager, introduced Ordinance Number 07-2024, which proposes updates to the street vendor regulations in the Land Development Code. This update, requested earlier this year, specifically addresses Sections 21-186 to 22-191, related to mobile food dispensing vehicles and mobile vendors. The goal is to align the code with Florida Statutes and meet current operational and regulatory needs. A discussion took place regarding whether the special event permit fee is included in the $100 annual application fee or if it is an additional cost. Ms. Entwistle clarified that the special event permit is required separately for specific activities such as alcohol sales and setting up tents. Ms. Entwistle stated vendors must provide detailed site plans or Google images of their location to ensure compliance with traffic and parking regulations. This is to prevent vendors from occupying required parking spaces, which could negatively impact local business traffic flow. The City ensures that all operating food trucks have the necessary licenses by maintaining a list of licensed trucks. Discussion occurred regarding the allowable ratio of parking and having somewhere to sit down and eat. Ms. Entwistle explained while food trucks are allowed to operate at various locations they must not use up all the available parking spaces. The goal is to maintain a balance between sufficient parking for both customers and businesses. Discussion occurred regarding the approval process. Alternate D'Errico stated the written consent from the property owner should be more flexible, by allowing the property manager because the property owner may not always available. Ms. Entwistle clarified it will be in a case by case situation due to smaller business having City of Deltona Page 3 Printed on 9/6/2024 Planning and Zoning Board Minutes August 21, 2024 property owner available to approve and sign. Sharon Shivers, Fire Marshal, explained that a 10-foot clearance is required around food trucks to protect against combustible materials and ensure emergency vehicle access. Recent adjustments have allowed more flexibility, including the use of grassy areas for events. Ms. Shivers stated the City does not handle food truck licensing or registration but conducts annual or semiannual fire inspections. A standardized Municipal Operating Guidelines (MOG) sticker, valid across Volusia County, is issued to confirm compliance with fire safety standards within the past six (6) months. Motion by Eric Alexander to approve Ordinance No. 07-2024, as written and presented. The motion failed, due to a lack of a second. Motion by Eric Alexander, seconded by Vice Chair Andrea Cardo, to approve Ordinance No. 07-2024, with the condition of adding the previous Sections regarding the number of vendors allowed, as this would allow more of a balanced approach. The motion carried the following vote: For: 5 - Vice Chair Cardo, Member Alexander, Member Gonzalez, Member Pfeffer and Alternate D'Errico Against: 1 - Chair Berk B. Ordinance No. 13-2024- Amending sections 110-300 to 110-320, of Article III, "Establishment of classification and Official Zoning Map", of the Land Development Code of City of Deltona. Jessica Entwistle, Planning Manager, presented the Ordinance Number 13-2024, which includes updates related to amending Sections 110-300 to 110-320, of Article III, Establishments of Classification of Zoning Map and Land Development Code. Alternate D'Errico expressed discomfort with the wording of the Director approval process and sought clarification on the appeal process. Member Alexander emphasized the need for staff to make day-to-day decisions based on practical situations, suggesting that staff should have discretion in executing the Ordinance. Chair Berk called for clear language and standards to be included in the Ordinance to avoid ambiguity. Vice Chair Cardo inquired about the appeal process. Ms. Entwistle confirmed that an City of Deltona Page 4 Printed on 9/6/2024 Planning and Zoning Board Minutes August 21, 2024 appeal process is in place, mentioning a recent controversial appeal related to the Land Development Code. Alternate D'Errico proposed to update the Ordinance to ensure it is clear and addresses concerns. Ms. Entwistle informed the Board she will provide more details of the appeal process and relevant guidelines. She informed if motion passes, the revised Ordinance, including the clarified appeal process and standards for staff discretion, will be sent to the City Commission for further review and final approval. The City Commission will review the Ordinance on the scheduled date. Motion by Tara D'Errico, seconded by Eric Alexander, to approve Ordinance No. 13-2024, amending Sections 110-300 to 110-320, of Article III, "Establishment of classification and Official Zoning Map", of the Land Development Code of City of Deltona with the Condition that the language regarding Director approval is updated before the City Commission.The motion carried by the following vote: For: 6 - Chair Berk, Vice Chair Cardo, Member Alexander, Member Gonzalez, Member Pfeffer and Alternate D'Errico 8. STAFF COMMENTS: Jordan Smith, Planning Director, mentioned that he is excited to work with the Board and looking forward to bringing new things to the City. Ms. Entwistle informed the Board the Comprehensive Plan Workshop is on Monday. 9. BOARD/COMMITTEE MEMBERS COMMENTS: None. 10. ADJOURNMENT: Meeting adjourned at 7:37pm ________________________________ Board Chair, Susan Berk ATTEST: ________________________________ Board Secretary, Nelly Kerr City of Deltona Page 5 Printed on 9/6/2024 Planning and Zoning Board Minutes August 21, 2024 City of Deltona Page 6 Printed on 9/6/2024