REGULAR CITY COMMISSION MEETING
MONDAY, DECEMBER 3, 2007
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 - November 19, 2007.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation by John Doctor, Vice President & General Manager, Bright House Networks,
Inc. 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. 27-2007, Providing for revisions to Chapter 10, Amusements and Entertainment to streamline the procedure for processing applications and adding Article IV, Providing for Block Parties, for second and final reading. On May 3, 1999, the City Commission, recognizing the need to set forth guidelines for entertainment festivals, outdoor music festivals and parades, adopted Ordinance No. 09-99. The ordinance focuses on events that will draw large numbers of attendees. The question often arises as to what constitutes a "large number of attendees." This ordinance proposes to clarify for what events a permit must be obtained and clarifies the permitting of neighborhood block parties. The current process for scheduling a special event on City rights-of-way and owned or controlled property includes a 3-part process - scheduling the site through Parks and Recreation, obtaining a special event permit application through Planning and Development Services staff, and distribution and review of the completed application to Parks and Recreation, the Sheriff's office, Fire Services, Public Works and the State Department of Health (if applicable). The proposed ordinance would streamline the application process by sending the applicant directly to Parks and Recreation with an online special event permit process and scheduling of the City facility, and shorten the review timeline for smaller events to 60 days or less. Under the guidelines proposed for adoption by the Commission the process becomes easier and administrative in nature, and appeals are to be submitted through the City Manager. The City Commission will continue to receive requests for funding and assistance. Further, staff has been receiving calls regarding block parties requiring road closures and small events that preempt the normal use of a facility. These events may impact the community, and there is currently no ordinance in place that allows or regulates these activities. This ordinance provides a streamlined process by which applicants may obtain a permit through the permitting window of the Department of Planning and Development Services for block parties and small events, generally following the same process for review as allowed with special events. This Ordinance was approved by the City Commission at first reading with instructions for staff to insert an appropriate number of attendees that would trigger the requirement to obtain a special event permit for events on private and City owned property. The intent is to recognize events that will impact other properties and traffic in the area, and based on staff meetings to coordinate the permit process the staff recommendation is that applicants planning events at which there will be 500 or more attendees at either private or City-owned or controlled property should obtain special event permits. The ordinance was originally crafted to address entertainment festivals and extraordinary events, and based on the Commission's concerns and staff recommendations we have changed the ordinance to specifically exempt from the permit process events held at structures or properties that are sized and constructed for these events, without requiring road closures, including a church service or festival at a large church built to accommodate (and contain) the event on a regular basis. This Ordinance was approved at first reading on November 19th, and is now scheduled for second and final reading. B. Public Hearing - Resolution No. 2007-47, Electing to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments levied within the City to areas surrounding North Normandy Blvd. and the proposed Activity Center district, North and South Howland Blvd., Saxon Blvd. and Deltona Blvd. in order to provide for the cost of certain capital improvements commencing for the Fiscal Year beginning October 1, 2008. Over the past several weeks the City Commission has discussed the possible creation of Special Assessment Districts (SADs) within the City to fund the cost of capital improvement projects to support economic development in specific development areas and redevelopment corridors. The proposed resolution provides notice to Volusia County and the State of Florida that this issue is under consideration in Deltona, and preserves the City's ability to research, study and possibly implement capital improvement districts in Deltona in 2008. The City has retained Government Services Group, Inc. (GSG) to assist with the creation of one or more districts, and five areas are under discussion for this purpose. The legal descriptions are also under review, and the notice of intent for these districts is worded to identify a city-wide district until the research is concluded in the spring of 2008. The capital improvement projects are intended to support economic development and are expected to include commercial properties that benefit from the capital projects only. The first step in the process to create a SAD is to adopt a resolution of intent to use the uniform method of collection for any assessment program in the calendar year prior to any such collection. The proposed resolution, which does not obligate the City to use the method or to impose a special assessment, must be adopted by January 1, 2008 and sent to the Volusia County Tax Collector, the Volusia County Property Appraiser and the Florida Department of Revenue by January 10, 2008. Following the resolution or notice of intent, the City will spend the first quarter of 2008 researching whether assessment districts are justified and worth pursuing. The resolution will allow, if the Commission so chooses, to proceed with the creation of one (1) or all five (5) special assessment districts and to have the special assessments collected via the tax bills as a non ad valorem assessment beginning in November 2008. This resolution is non-binding and the City Commission may reduce the areas covered by any future assessments or decide not to go forward with the assessment program at a later date. By adopting the resolution, the City is simply reserving the right to use the tax bill collection method for these assessments. The notice of public hearing to adopt the resolution of intent has been published in a newspaper of general circulation on November 8, 15, 22, and 29, 2008, as required by Florida Statutes, §197.3632. C. Public Hearing - Resolution No. 2007-48, Electing to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments levied within the incorporated area of the City for the cost of providing fire protection services commencing for the Fiscal Year beginning October 1, 2008. Over the past several weeks the City Commission has discussed the possible creation of a City-wide Special Assessment District (SAD) to substitute for the property taxes that now fund fire protection services in Deltona. On approval, the Commission will provide notice to Volusia County and the State of Florida that this issue is under consideration in Deltona, and preserves the City's ability to research, study and implement a fire assessment district in 2008. The first step in the process to create a SAD is to adopt a resolution of intent to use the uniform method of collection for any assessment program in the calendar year prior to any such collection. The City has hired Government Services Group, Inc. (GSG), as its consultants to assist with the creation of this district. GSG has prepared the proposed Resolution for the Commission's consideration. The resolution, which does not obligate the City to use the method or to impose a special assessment, must be adopted by January 1, 2008 and sent to the Volusia County Tax Collector, the Volusia County Property Appraiser and the Florida Department of Revenue by January 10, 2008. The resolution will allow, if the Commission so chooses, to proceed with the creation of a Special Assessment District for fire protection services and to have the special assessments collected via the tax bills as a non ad valorem assessment beginning in November 2008. Following the resolution or notice of intent, the City will spend the first quarter of 2008 researching whether an assessment district is justified and worth pursuing. Ultimately the City Commission will decide whether to send the SAD to public hearings and possible adoption if the research indicates that a fire assessment district makes sense for Deltona. This resolution is non-binding and the City Commission may reduce the areas covered by any future assessments or decide not to go forward with the assessment program at a later date. By adopting the resolution, the City is simply reserving the right to use the tax bill collection method for these assessments. The notice of public hearing to adopt the resolution of intent has been published in a newspaper of general circulation on November 8, 15, 22, and 29, 2008, as required by Florida Statutes, §197.3632. 8. OLD BUSINESS: A. Ordinance No. 17-2007, Amending the Zoning Code to provide for the Use of Temporary/Portable Storage Units (PODS) on Residential Zoned Property, for first reading (TABLED ON NOVEMBER 19, 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. The ordinance proposed is a compromise of the discussions at the workshop with the Planning and Zoning Board and members of the industry, and the, and reflects the comments of the Commission work session of October 15th. At the Planning and Zoning Board workshop of July 18, 2007, representatives of the industry requested that there be a 2 week grace period with no permitting requirements, as they claimed that the large majority of people renting the units do so on a temporary basis only, i.e., the renter loads the POD and has it stored remotely. The vendors stated that they could notify the City, via fax or e-mail, when a unit was delivered. P & Z members were of the opinion that tracking would be problematic and that this proposed system would eventually fall into dis-use. The P & Z members also opined that not all the vendors of the PODs would be as diligent as the larger companies. This item was heard by the City Commission on November 19, 2007, at which time it was tabled to allow staff the opportunity to make changes to the proposed ordinance, specifically to allow for extensions in the case of emergencies or if directly associated with a valid and active City of Deltona Building permit. The Commission discussed linking the time for the use of a storage container to the time necessary for a home renovation, but with the 22 inspections required for a renovation, and the possible use of the 6-months allowance between inspections, this could conceivably result in up to 11 years use of the storage containers. The City Manager met with a representative of the storage unit industry and reviewed the company's recent experiences with these units, and apparently between July and November of 2007 82 units were in use with that company in Deltona. Out of this only 23, or 29%, were used for on-site storage, and of these about half were on-site for more than 30 days, and almost all were moved away from the home within 60 days. A possible compromise is to allow containers on site for a period of between 30 and 60 days to accommodate most of these requests. The ordinance under consideration allows the use of temporary storage containers in Deltona, with the following overall guides: o The storage containers are allowed on the residential property for up to 30 days, with exceptions for emergencies.
o Containers must be permitted at the time of delivery, with no grace period. Although many of the larger container companies are able to provide fax or e-mail notice of deliveries, many of the smaller companies will not be able to help the City track the container delivery.
o The ordinance continues to include an application fee of $25, in lieu of a business license tax, to be charged. If approved at first reading, the Ordinance will be scheduled for second and final reading on December 17, 2007. B. Public Hearing - Ordinance No. 23-2007, Providing for a rezoning of 68.9± acre parcel from the current zoning of RE-1, Residential Estate One classification to a RPUD, Residential Planned Unit Development to allow 63 single-family and 154 townhome units (Raintree Ridge) located at 330 Collins Road, for first reading. Applicant: Collingswood Investments LLC (Project No. RP06-003). (Tabled at first reading on September 17, 2007 and October 15, 2007) (QUASI-JUDICIAL PROCEEDING) (APPLICANT HAS WITHDRAWN THIS APPLICATION) Current Status: On October 15, 2007, the City Commission tabled first reading of Ordinance No. 23-2007 for the rezoning for the Raintree Ridge project to a time certain of December 3, 2007. On November 19, 2007, Craig C. Harris, Collingswood Investments, LLC, sent an email advising that the applicants are hereby withdrawing the rezoning application for the Raintree Ridge RPUD indefinitely. They plan to bring the application back at a later date at which time the project will be re-advertised pursuant to the City of Deltona notice requirements. Background: The applicant is requesting that this site be rezoned from Residential Estate One to Residential Planned Unit Development. The applicant is proposing a development consisting of 63 single family residences and 154 townhome units, at 6 units per building, for a total of 217 units. There are wetlands on the property and the applicant is proposing minimal impacts, for which there will be mitigation. The surrounding property is zoned Residential Estate One and is made up of large lot single family residences. The existing future land use is Residential Low Density, allowing up to 6 units per acre. The applicant is proposing a density of 3 units per acre.
The Development Agreement, attached as an exhibit to the rezoning ordinance, establishes design standards of the subdivision, as well as proposing mitigation strategies to address impacts to the public school system and transportation network. They are as follows: Schools: Saralee Morrissey, Director of Site Acquisition and Intergovernmental Coordination for Volusia County Schools, has requested that all school impacts fees be paid up-front and without objection before any Preliminary Plat Development Order shall be issued by the City of Deltona. This is a rezoning request, and at this stage in the approval process staff and the applicant are simply agreeing to a potential mitigation strategy. School capacity is not reserved until monies are paid and a mitigation agreement is executed between the parties. Transportation: The applicant's Traffic Impact Analysis (TIA), revised in October 2007, indicates that the development proposal will cause adverse impacts to SR415. Based on the TIA results, the segment of SR415 from Doyle Road to Seminole County line will fall below Level of Service (LOS) standard "D" by 2011 due to background growth. This means that regardless of the proposed development, SR415 fails LOS. However, pursuant to Deltona's proportionate fair share ordinance and Florida Statute, Chapter 163.3180, any road segment that fails by more than 10% over LOS standard, the owner/developer shall be required to mitigate impacts. The Development Agreement recognizes the need for mitigation prior to the issuance of any Preliminary Plat Development Order and suggests, with agreement from the applicant, that the owner/developer may be required to signalize the intersection of Doyle Road and SR415 as a mitigation strategy. However, construction within the SR415 requires Florida Department of Transportation approval, which shall be reviewed during a development order application process. Planning & Zoning Board: The Planning and Zoning Board held a public hearing on August 15, 2007 regarding this matter. Staff provided a report and confirmed that Deltona Water considered this project along with the proposed Vineland Reserve project when determining capacity.
The applicant said that this project would be developed after the Vineland Reserve project. The traffic impact analysis is complete but has not yet been approved by the City's consulting traffic engineer.
Several members of the public spoke in opposition to the project citing the following issues: wells in the area, traffic, wild life and already overcrowded schools will be adversely affected by the intense development proposed. Other issues discussed were disappearing rural areas and vandalism. Pursuant to further discussion, the Board moved to forward Ordinance No. 23-2007 to the City Commission with a recommendation for approval, thereby granting the request to rezone property located at 330 Collins Road from RE-1, Residential Estate One to RPUD, Residential Planned Unit Development with the staff recommended conditions. The motion failed with a three to two vote. Board Member John Porter and Chair Wesley Kihlmire voted in opposition to the motion. Section 110-1201, City of Deltona Code of Ordinances states, "No recommendations for approval of any application shall be made unless four members concur." Staff Recommendation: Staff recommends that at the December 3rd Commission meeting, that the Mayor publicly announce the applicant's withdrawal of this rezoning application and that no further action is necessary at this time. 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. Appointment of seven (7) members to the City's Parks & Recreation Advisory Committee. The terms of all of the current members of the Parks & Recreation Advisory Committee expire on December 3, 2007. All of the current members, with the exception of Richard Gambino, have expressed that they do wish to be re-appointed to this Committee. Mr. Gambino, appointed by former Vice Mayor Harvey, resigned his position in September, 2007. The City has run press releases, and posted the openings on D-TV, the City's WebPage and bulletin boards. To date, the City has received applications from the following interested individuals: Caroline Crockett and Edward Green.
B. Resolution No. 2007-49, Approving the Execution of Grant Agreement, FM#422610-1-58-0 with the State of Florida Department of Transportation, for the Four Lane Widening Project on Normandy Boulevard from Firwood Drive to Saxon Boulevard.
The City of Deltona has received a grant under the Transportation Regional Incentive Program (T.R.I.P) from the State of Florida Department of Transportation for partial funding of the widening of Normandy Boulevard from Firwood to Saxon Boulevard in Deltona. For Commission consideration, this is acceptance of the grant.
The purpose of the project is to improve Normandy Boulevard between Saxon Boulevard and Firwood Drive for a distance for 8,408 feet (1.592 miles) in Volusia County. Normandy Boulevard is currently a two-lane rural roadway, and is proposed to be widened to a four-lane divided urban roadway with a 12.8 foot wide median within the existing 80-foot wide right-of-way. The typical section consists of two 11-foot travel lanes, Type F curb and gutter, and sidewalks in each direction. Stormwater runoff will be collected in curb inlets and conveyed through underground pipes to four dry retention ponds (Ponds 1, 2, 3, and 4) for water quality treatment and storage for flood control.
This project will also improve Elkcam Boulevard from Normandy Boulevard for distance of about 670 feet. Currently a two-lane rural roadway, the proposed typical section consists of two 11-foot travel lane in each direction, a 12-foot center bi-directional turning lane, Type F curb and gutter, and sidewalks within the existing 80-feet of right-of-way. Stormwater runoff will be collected in curb inlets and conveyed through underground pipes to the proposed storm sewer system along Normandy Boulevard.
The storm water facilities have been designed in accordance with the St. Johns River Water Management District and City of Deltona design criteria. Cost: The overall project cost is estimated at $10,136,499, with $5,151,890 paid through a grant from the State of Florida Department of Transportation and the remaining in matching funds to be paid by the City of Deltona. Funds are available for the City of Deltona match. C. Approval of Howland/Elkcam Boulevard Intersection Improvements. The City has retained HHI, an architectural and planning firm from Orlando, to assist with the development of a City-wide placemaking plan. This plan is intended to meet the Commission's goals of improving the sense of place at strategic locations through the addition of gateways, landscaping, and other street and physical improvements in Deltona. On November 26th, HHI briefed the Commission on the status of the plan, outlining potential landscaping and intersection improvements, and noted that the Commission has the ability to install the first intersection design at the same time as the Howland Blvd. improvements, and possibly save money by making the improvements in conjunction with the construction on Howland Blvd. The Commission asked that the firm better define the cost of the intersection improvements and bring this project to the Commission for consideration at the meeting of December 3rd. A memo from Ginger Corless of HHI provides and estimate of this project, noting that the standard intersection will cost about $57,143, and the improvements will add approximately $185,509, bringing the total cost to about $242,652. If the Commission approves this project as the first demonstration project in the draft plan, our staff and HHI will work with the contractor with Volusia County on the Howland Boulevard project to try to achieve the savings with avoided costs. One issue discussed by the Commission included the cost for the medallion, or central artwork that helps to distinguish this intersection and establish the nature theme tentatively supported by the Commission. In order to meet the quick timetable for the December 3rd agenda HHI has not been able to provide this level of detail, but will provide this as a separate item prior to the Commission meeting. 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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