REGULAR CITY COMMISSION MEETING
MONDAY, JANUARY 7, 2008
6:30 P.M.
DELTONA COMMISSION CHAMBERS
2345 PROVIDENCE BLVD.
DELTONA, FLORIDA
AGENDA
1. CALL TO ORDER 2. ROLL CALL - CITY CLERK 3. SILENT INVOCATION AND PLEDGE TO THE FLAG:
4. APPROVAL OF MINUTES & AGENDA: A. Minutes: Regular City Commission Meeting - December 17, 2007.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
6. PUBLIC FORUM - Citizen comments for items not on the agenda.
(4 minute maximum length)
7. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 01-2008, Abandoning a portion of a right-of-way generally located on the West side of Galveston Avenue, South of the intersection of Geraldine Drive and Galveston Avenue, for first reading. The City of Deltona has received an application from Gerald E Myers and Lannie B. Myers, Property Owners to vacate and abandon a portion of right of way between parcel numbers 13-18-30-03-16-0010 and 13-18-30-03-16-0050. The property is located at 2082 Galveston Avenue and on a paper platted road, 10th Avenue. Vacation and abandonment of public street rights of way are accomplished through the adoption of an appropriate ordinance. The applicant owns four parcels being comprised of 25 feet wide lots in an antiquated and undeveloped subdivision. The parcels are bisected by a 15 feet alley and platted right-of-way. Should the Commission adopt this Ordinance, the property owner would then be able to combine the parcels into one unified tract of land being just over four acres in size and fronting Galveston Avenue, a platted and improved roadway. There are single family residences on the east side of Galveston Avenue. There is no development on the west side of Galveston Avenue. A separate property owner owns two lots along 10th Avenue. The applicant has not requested abandonment of that portion of the alley. Abandoning the alley would not affect the separate property owner's access to their own property. The Director of Public Works has reviewed this request and has advised that Public Works should not vacate the right-of-way at this time, due to the close proximity to the Activity Center and the undetermined need for stormwater and utility lines to serve the area. AT&T, Bright House, Florida Public Utilities and Progress Energy have provided letters stating they do not object to the proposed alley abandonment. Staff recommendation: With the anticipated development of the Activity Center under discussion, and the need for right-of-way for utilities and stormwater, the staff recommends denial of this request at this time. B. Public Hearing - Ordinance No. 02-2008, Abandoning a portion of a right-of-way generally located on the North side of Saxon Blvd., Southeast of the intersection of Saxon Blvd. and Merrimac Drive, for first reading. On August 25, 2007, the City of Deltona received an application for the abandonment of Road B, as shown on the plat of Retirement Community at Sterling Park MPUD, as recorded on Plat Book 53, Pages 59 and 60. The property owner's justification for the request is the fact that the construction of a public road within platted Road B would require the abandonment of the existing, adjacent driveway serving the Saxon Medical Park Condominium, which is beyond the property owner's control. Without the abandonment of the existing driveway Volusia County would not permit a second connection at this location onto Saxon Boulevard, a Volusia County maintained road.
Official Records Book 5825, Pages 1350 through 1370 contains the final Development Agreement and Grant of Cross Access Easement for this project. Section 10(d) provides for this action with the following language "If Road B is not built as a local street, the east/west connection from Sterling Silver Boulevard to the School Board site to the east shall be considered a local road A with a minimum right-of-way width of fifty (50) feet, dedicated to the City of Deltona".
The applicant has provided with this petition a Special Warranty Deed to be filed with the Clerk of Court granting unto the City Tract A, as shown on the recorded plat, thereby creating the fifty (50) foot right-of-way described in the above paragraph. The improvements within Tract A are being constructed in accordance with the requirements of a local street, also as required in the Developer's Agreement. In addition, the applicant has provided Access and Utility Easement agreements in favor of the City of Deltona, also to be filed with the Clerk of Court, to provide for those utilities to be constructed within the platted right-of-way of Road B. The applicant has also provided, as required, evidence of ownership, proof of taxes paid, and letters of no objection from the utility providers in this area. Staff recommendation: Staff recommends approval of the abandonment of Road B, as shown on the plat of Retirement Community at Sterling Park MPUD, as recorded on Plat Book 53, Pages 59 and 60 and acceptance of Tract A as a fifty (50) foot public right-of-way and acceptance of access and utility easements, to be dedicated to the City of Deltona. C. Public Hearing - Resolution No. 2007-41, Providing for a zoning variance request from the rear yard setback requirement from 10' to 9' to construct a single family residence within an R-1 zoning district on property located at 1993 Wayne Street; Applicant: Andre Machado (Project No. VR07-007). 1993 Wayne Street is a corner parcel located at the southeast corner of the intersection of Wayne Street and Worthington Drive. The City of Deltona has received a Variance Application from Andre Machado, Property Owner, requesting a variance to reduce the rear yard setback to 9 feet to construct a single family residence. The property has an R-1, Single Family Residential zoning classification with a Residential Low Density future land use designation. The applicant is proposing a 1,808 square feet house with 1,309 square feet under roof. The parcel measures approximately 65 feet by 125 feet. The actual depth of the lot at its widest point is 64.99 ± feet and narrows to 63 ± feet toward the side street yard portion of the parcel. The minimum front yard setback is 25 feet and the minimum rear yard setback is 10 feet for a total minimum setback of 35 feet. After subtracting all the setback area, there is 29.99 ± to 28 ± feet of building area from the front of the parcel to the rear of the parcel. The depth of the house is 30 feet. Not enough of the parcel is wide enough to construct the 30 foot wide house without obtaining a zoning variance. The applicant is requesting a one ± foot (actual variance is 1.1 foot) variance from the rear yard setback.
The house cannot be shifted to the wider portion of the parcel due to the proposed septic system and proposed drain field. The proposed driveway has a side street yard orientation. If the septic system and drain field were moved to the narrow portion of the parcel, the driveway would have to cross the septic system and/or drain field which is not a viable option. The request for a one foot variance would not be injurious to the surrounding properties and would be in harmony with the intent of the variance section of the zoning code. Staff recommendation: The request is for a minor variance of one foot which is not contrary to the public interest. Although the single family residence plans could be modified to reduce the size of the house, it would require some redesigning. Due to the small size of the property and the minor variance being required, staff supports granting the variance. D. Public Hearing - Resolution No. 2007-42, Providing for a zoning variance request from Section 110-827.03(1) to allow accessory buildings or structures greater than 120 square feet in floor area that does not follow the same design and façade presented by the principal structure on property located at 829 Sylvia Drive; Applicants: William R. & Tiffany M. Scott (Project No. VR07-008). Background: The City of Deltona has received a Variance Application from William R. Scott and Tiffany M. Scott, Property Owners, requesting a variance from Section 110-827.03(1)(h) to allow an accessory building or structure (boat canopy tent) greater than 120 square feet in floor area that does not follow the same design and façade presented by the principal structure, including but not limited to structure material, exterior finish, and roofing. Section 110-201, City of Deltona Code of Ordinances defines structure as "anything constructed or erected, the use of which requires location on the land or attachment to something located on the land, and shall include swimming pools, tents, lunch wagons, diners, camp cars or trailers on wheels or other supports intended for business use or as living quarters, and accessory structures." The applicant erected a structure (a boat canopy) to cover his boat without obtaining the required permit. Enforcement Services posted a notice of the violation. The applicant cannot obtain a permit because the structure is greater than 120 square feet and does not match the structure material, exterior finish and roofing of the principal structure. The applicant is seeking a variance. Variances may be granted by the City Commission only if an applicant meets all the requirements set out in Section 110-1003 City of Deltona Code of Ordinances. Pursuant to Section 110-1202.05, the Planning and Zoning Board reviews applications for zoning variances. After conducting a public hearing, the Board shall make recommendations to the City Commission. According to Section 110-1201 City of Deltona Code of Ordinances, recommendations for approval of any application shall only be made when four members concur. The structure is temporary in nature and although it is anchored to the ground, it could be easily removed. At this time, staff is re-examining the definition of "structure" to determine if temporary structures can be separated from permanent structures with regard to permitting requirements. Planning & Zoning Board: On November 21, 2007, the Planning and Zoning Board held a public hearing regarding this request. The Board members agreed there should be a distinction between permanent and temporary structures in the Code. Pursuant to further discussion, Sandy Lou Gallagher made a motion to recommend denial. John Porta seconded the motion. Four members were present; two voted in favor of the motion and two voted against the motion. In accordance with Section 110-1201, "No recommendations for approval of any application shall be made unless four members concur." Therefore, the motion failed and this matter is forwarded to the City Commission without a recommendation. Staff Recommendation: A variation in the structure material, exterior finish, and roofing from those used in the construction of the principal dwelling is a major and substantial variance request that has not been granted by the City Commission in the past. Staff recommends denial of this request as the applicants do not meet the requirements for granting a variance as set forth in Section 110-1003.01. 8. OLD BUSINESS: A. Ordinance No. 17-2007, Amending the Zoning Code to Provide for the Use of Temporary/Portable Storage Units on Residentially Zoned Property, for first reading (tabled on November 19, 2007 and December 3, 2007). Temporary portable storage units are containers owned by a company and delivered directly to the customer's residence. The customer may load the container with their possessions. The container may remain at the customer's residence as additional storage, may be moved to the storage warehouse or may be moved to a new location for unloading. Another use for temporary portable storage units is as a temporary secure hold for possessions during home remodeling projects. Although residents of the City of Deltona have been using temporary portable storage units, there is no provision in the Code of Ordinances to permit this use. In April of this year, the City Commission requested that staff initiate draft regulations that address portable storage units. Staff reviewed ordinances from five other jurisdictions within Florida and communicated with members of the temporary portable storage unit industry to learn more about the types of uses these storage units serve. Members of the industry were asked for and provided input into an ordinance that would permit this use. The Planning and Zoning Board reviewed the draft ordinance at its July 18, 2007 workshop. Members of the industry were invited and attended the workshop. At the conclusion of a full review of this issue, the City Commission preferred the simplicity of the City of Holly Hill's portable temporary storage unit ordinance and directed staff to draft an ordinance similar to the ordinance used in Holly Hill for the City of Deltona. The Ordinance before the Commission today reflects the following: • Similar to Holly Hill's ordinance, no permit is required for temporary portable storage units.
• The maximum number of units and maximum size of temporary portable storage units has been eliminated.
• A temporary portable storage unit may remain on residential property 30 consecutive days with a maximum of two occurrences per year per lot.
• A 30-day extension may be granted.
• The use of a temporary portable storage unit will not be directly associated with a valid and active building permit.
• There is no mention of signage on any temporary portable storage unit. If approved at first reading, the Ordinance will be scheduled for second and final reading on January 22, 2008.
CONSENT All items marked with an * will be considered by one motion unless removed
AGENDA: from the Consent Agenda by a member of the City Commission.
9. NEW BUSINESS: *A. Request for waiver of fees - West Volusia Pony Baseball, Inc. - Annual Parade for Opening Day - February 23, 2008. The City has received a request from Lynne Page, League Secretary, West Volusia Youth Baseball, Native American Pow Wow for waiver of the applicable costs and permit fee associated with their annual parade to celebrate opening day for the Spring 2008 baseball season on February 23, 2008. The League is also requesting Fire & Sheriff Department support as an escort for the parade. The costs associated with the request for waiver of associated costs and in-kind services from Fire and Sheriff's Department includes the following: Permit fee - $ 50.00
Parks & Recreation - No fees
Fire/Rescue - No fees
Sheriff's Dept. - 540.00
Public Works - No fees
Total - $ 590.00 *B. Trade-In of Fire Truck.
The Commission has approved the acquisition of a new Fire Truck through the 2007/2008 budget process. The Fire Department has researched and determined that the Pierce Contender Custom Pumper is the truck that would meet their needs. Ten-8 Fire Equipment is the sole distributor of Pierce fire trucks in the State of Florida. The cost of the truck with all options is $345,633.00. The Fire Department is piggybacking the St. John's County Contract which offers the same pricing as the GSA contract for this purchase, and under the purchasing requirements this purchase is approved and moving forward. Under the City's Purchasing Policies disposal of an asset, with the trade-in of the vehicle to be taken out of service, requires approval by the City Commission. Staff is recommending trade-in of the fire truck described as a Freightliner commercial chassis with an E-One Fire body, Property ID #FD9502, VIN# 1FV0JLCE9SL557131. This truck has 116,332 miles and 6,110 hours on it. The vehicle needs approximately $60, 000 in pump repairs, and within the United States there is a limited market for these vehicles. C. Request for waiver of fees - Deltona Spring Fest, Inc. - April 19-20, 2008. The annual Deltona Spring Fest raises funds and scholarships for different clubs and students in Deltona schools, and again this year the City has received a request that the City provide in-kind services and waive fees applicable to the 12th Annual Deltona Spring Fest scheduled for April 19-20, 2008. Spring Fest has asked that the event location change from Festival Park to the Dewey O. Boster Sports Complex on Saxon Blvd., and with the area streets and layout the Volusia County Sheriff's Department is estimating that this will now require four (4) deputies for the event. Deltona Youth Soccer is supporting the event at the Dewey Boster complex if the Commission is satisfied that moving the event to the complex is suitable. Spring Fest is asking for the following: • Approval of the re-location to the Dewey O. Boster Sports Complex;
• Portable LED Message Board at the entrance to the park;
• Large generator for the sound system;
• Funding for the full costs of security and traffic control from the Volusia County Sheriff's Department, with four (4) deputies for this event for a total of 68 billable hours at $30.00 per hour;
• C.O.P.'s for traffic control on Saxon Blvd.;
• Fire and medical services as needed from the Fire Department; and
• Waiver of any and all City fees. Commission Policy #CC99-005 regarding in-kind donations, provides for the possible waiver of up to twenty (20) billable hours for police protection. Last year the City provided three (3) deputies and in-kind services and waivers valued at approximately $5,500, and the organization provided about $2,000 in grants and scholarships in Deltona. The costs associated with the request for waiver of associated costs and in-kind services from the various City Departments for 2008 includes the following: Permit fee - $ 50.00
Alcohol application fee - 100.00
Parks & Recreation - 2,870.00
Fire/Rescue - 100.00
Sheriff's Dept. - 2,040.00
Public Works - 870.00
Total - $6,030.00 Alternatives: The Commission could choose any of a number of options, including: a) Decline the request, which would probably eliminate the event and the scholarships,b) Limit the City's support to the 20 billable hours listed in the existing policy, which would increase the cost to Spring Fest, and reduce the funds available for scholarships, c) Keep the event at Festival Park, with the need to negotiate parking alternatives, or
d) Approve the event and costs as requested. 10. CITY COMMISSION COMMENTS: 11. CITY ATTORNEY COMMENTS: 12. CITY MANAGER COMMENTS: 13. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at least three (3) working days in advance of the meeting date and time at (386) 878-8100.
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