OCTOBER 28, 2010


THE REGULAR MEETING OF THE PLANNING COMMISSION of the City of Port Orange was called to order by Chairman Michael Arminio at 5:05 p.m.


Pledge of Allegiance


Silent Prayer


Roll Call:                               


Commissioner Lance Green

Commissioner Robin Lasky

Commissioner Shannon Booth

Commissioner Richard Barker                                         

Commissioner Thomas Jordan

Chairman Michael Arminio



Commissioner Joan Parker (excused)



Also Present:           

Lynette Luff, Assistant City Attorney                                           

Wayne Clark, Director of Community Development

Tim Burman, Principal Planner/Current Planning

Gwen Perney, Planner

Glenda Leftwich, Recording Secretary

Joyce Dombrowski, City Clerk’s Office               




Motion made by Commissioner Green, seconded by Commissioner Jordan, to approve the minutes of the September 23, 2010 meeting. Motion carried 6 – 0 upon roll call vote.






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5.  Chairman Arminio requested that the discussion of Item 5 be moved to the end of the meeting due to a weather delay in arrival of the applicant’s representative.  The Commission agreed.  


6.                     Case No. 10-30000002

CONDITIONAL USE REQUEST/City of Port Orange, Owner/applicant.

3459 Ridgewood Avenue


A request for a Conditional Use approval to allow a farmer’s market and special events on the subject property.  If the Conditional Use request is approved, the City of Port Orange is proposing to operate a farmer’s market and hold special events on the property as an interim use in the “PC-R” zoning district (Riverwalk).


Staff recommends approval subject to the following conditions:  The property shall be controlled by the conditions of the Conditional Use and the requirements of the Land Development Code;  Submittal of a concept plan and a detailed description of any proposed interim use is required prior to drafting the agreement between the vendor and the Port Orange Town Center CRA;  For each interim use, the vendor will be required to provide staff with information (overall size of the event, sales area, parking data from similar events, etc.) to  determine the appropriate parking ratio for that specific use; and  Approval of an agreement between the vendor and the Port Orange Town Center CRA by the CRA is required before a use can occupy the site.


Donna Steinebach, Assistant to the City Manager, appeared before this Commission representing the CRA (Town Center).  She stated the CRA’s two objectives are revenue generation and to allow the property to be made available to the public for temporary use. The CRA will only entertain proposals of things the CRA would approve of and that would reflect well on the City. There are no specific vendors at this time.  She stated the types of special events, such as antique car shows or chili cook-offs, would be weekend events of short duration.  The CRA is not talking about long term use.  If someone makes a request for long term use it would come before this Commission and the City Council as a separate conditional use request.  Chairman Arminio reminded Ms. Steinebach that the CRA would need to be sure to be sensitive to the Riverside Pavilion. She stated they will certainly do that.  Ms Steinebach also stated that any vendor will be required to take care of all issues such as providing portable restrooms.  The CRA can be selective.  This will give them the ability to entertain various offers.  She feels that bringing in activities will increase the interest in the Riverwalk area. 


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Commissioner Barker asked if the property is clear of debris and slabs.  Ms. Steinebach replied the property has been under brushed and is vacant of all slabs except internal roads.  This will allow easy access for the Police Department to patrol the area from the street.  Chairman Arminio stated there are certain areas you can do one thing that maybe you cannot in another.  Ms. Steinebach replied the CRA would consider allowing the Chamber of Commerce to expand into this property if, for example, they had a large wedding.  The two organizations can work together well. Commissioner Green asked if this is the only portion of the Riverwalk area designated for this type of use and not the property extending all the way to Dunlawton Avenue.  Ms. Steinebach replied that the ordinance passed does cover the entire 35 acres and all remaining property still in private ownership as well.  Those private owners could come forward and request a conditional use for their property as well.  She remarked that this is specifically for weekend use.  Chairman Arminio asked who will make the decisions on activities such as allowing a flea market. Ms. Steinebach answered the CRA would have to approve the requests but they do not want that type of image. They will probably not accept vendors related to certain types of the special events in the area such as motorcycle events.  Commissioner Lasky said she is glad Ms. Steinebach clarified that it will be for the weekends.  Commissioner Barker stated he is surprised regarding her comments regarding motorcycle events and asked why the CRA would not want to entertain such a revenue generating event.  Ms. Steinebach remarked it will depend on the nature of the proposal but such events have not been seriously entertained in the past.  She said the distinction will be how the City decides to facilitate that type of activity on City owned property.  She also remarked that once this request is approved the CRA can advertise that the property is available and begin seeking vendors.  Commissioner Booth asked if this Commission is currently involved with people who want to use the property or will that go through the CRA.  Ms. Steinebach said this Commission would only be consulted for proposals that are made concerning longer duration such as boat storage.  Chairman Arminio asked if there is any update in interest in the Riverwalk project.  Ms. Steinebach reported a major developer is meeting with an international company that has some interest in a possible venture in Riverwalk.  There are still parcels that need to be worked around or acquired.    Chairman Arminio asked if there were any citizen remarks regarding this proposal. Citizen John Phanco, owner of 3340 Ridgewood, said he bought this property based on the recommendation of two former City employees after being told it would be developed. He feels no one has the right to ask for interim land use of this property. He stated he was told to do certain things to conform to a project he understood would take place in five years and it has been ten.  He would like to know where he goes to get repaid for his damages for what he had to do to conform to the project.  He feels he is


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hearing no intention to continue with the project. He does not want a farmers market or boat storage to be allowed on this property.  He feels allowing any other use will delay the Riverwalk development.  Chairman Arminio reiterated this is for interim use.  Mr. Phanco asked how they will know any request for short term use is something they want to have and how the use will be policed.  Ms. Steinebach remarked it is important to establish for the record who the CRA is comprised of:  City Council and two additional Commissioners who either live or work in the district.  Citizens need to have faith in their City Council to make good choices about types of uses for the areas. It is not a staff based decision. She pointed out that the redevelopment plan, initiated in 1995, has a 30 year time horizon. Redevelopment projects are, by their very nature, long term. The City has assembled over 16 acres in pursuit of the Riverwalk project and has worked a deal with a master developer who can bring the project to fruition.  The former trailer park is 4 acres and until the end of May the City could not make it available because people were still living there. Citizens have to put in perspective the opportunity for development and the state of the economy; therefore, the time table has been lengthened from what was initially envisioned.  Ms. Steinebach realizes that nearby business owners made substantial investments in their properties and may not want to see interim uses.  Chairman Arminio stated there will be public notices for interim uses.  Mr. Phanco referred to the then acting city manager/planner, who is no longer with the City, who reportedly stated  if the City makes it difficult for private individuals to come in you will not have any investors. 



Motion made by Commissioner Barker, seconded by Commissioner Lasky, to recommend approval of the request for a Conditional Use at 3459 Ridgewood Ave. as recommended by Staff. Motion carried 5 – 1 with roll call vote, with Commissioner Green voting no.



7.                     PROPERTY OWNER REQUEST/Use of Chain-link Fence on a Multi-Family Site

The Hammocks Homeowners Association

            1020 Madeline Avenue


A request for the Planning Commission to approve the use of chain-link fencing on a multi-family site (The Hammocks). Chain-link fencing is not permitted on multi-family sites according to Chapter 14, Section 4(h) of the LDC. However,


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Chapter 14, Section 4(h)(3) of the LDC allows the Planning Commission to decide if a chain-link fence will be allowed.


No Staff recommendation.


Tim Burman, Principal Planner, provided backup material including photos of the area the Hammocks Homeowners Association is requesting to place a chain link fence on.  There is an existing sliding, locked, black chain link gate blocking access to the Hammocks that was installed with a permit approximately one and one-half years ago due to people from the Potato Patch Subdivision cutting through the Hammocks.  Tim Jordan of Atlantic Shores Management, representing the Hammocks Homeowners Association, stated that the streets in the Hammocks are not public roads but are private access to the residents’ parking areas and the area is technically private property.  The Association is requesting that they be allowed to enclose the remaining area with material matching the existing gate.  Mr. Jordan reports there are three homes bordering the area where the fence will be placed and there is plenty of shrubbery and trees that shield the fence from public view.  Chairman Arminio asked if the surrounding homeowners were okay with this proposal.  Mr. Jordan stated he has only been able to speak to one homeowner and that homeowner was positive regarding the fencing due to people cutting through her yard to bypass the gate.  Commissioner Barker mentioned he was concerned with setting a precedent by allowing chain link fencing where it is prohibited.  Commissioner Green asked about the height of the proposed fence.  Mr. Jordan said the fence will attach to the existing 5 foot high gate and then taper to 4 feet high at the south end.  Commissioner Barker asked that if a 5 foot high fence is approved can more greenery be added.  Mr. Jordan stated there is existing greenery but he is willing to add more if needed.



Motion made by Commissioner Booth, seconded by Commissioner Green, to recommend approval of the request for chain link fencing at the Hammocks, 1020 Madeline Ave. as recommended by Staff.  Motion carried 5 – 1 with roll call vote, with Commissioner Barker voting no.





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8.                     MORATORIUM/Pain Management Clinics


An administrative request for approval of a 6-month moratorium relating to the issuance of business tax receipts for pain management clinics. The moratorium

is intended to provide staff with sufficient time to review and amend the requirements of the Land Development Code and Code of Ordinances relating to pain management clinics.


Staff recommends approval of the moratorium on the issuance of business tax receipts for pain management clinics for a period of 180 days.


Gwen Perney, Planner, gave a staff report regarding the request for a 180 day moratorium on issuing business licenses to pain management clinics.  Ms. Perney stated the department is concerned that existing code regulations do not address problems that these clinics present.  Chairman Arminio stated there is state law being worked on to govern pain management clinics.  Commissioner Barker asked how the City will know if a medical clinic is operating as a pain management clinic.  Ms. Perney stated they will need to be licensed in such a way to permit certain operations such as dispensing medications from the office.  She stated the Department may be able to word the code in such a way that requires the clinics describe all their functions in order to become licensed.  Commissioner Lasky asked how many applications for pain management clinic licenses the City has now.  Ms. Perney stated one has been closed down recently and she believes there are about four others in operation right now.  Commissioner Booth asked if the Department has reached out to other municipalities to see what they are doing about this issue.  Ms. Perney said surrounding communities are issuing moratoriums to study the laws and definitions as well. 


Motion made by Commissioner Barker, seconded by Commissioner Lasky, to approve the administrative request for a 6-month moratorium issuance of business tax receipts for pain management clinics.  Motion carried unanimously by roll call vote.








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5.                     Case No. 10-90000007

VARIANCE/Dan Frigge, ESI Architectural & Engineering Services, Inc., agent/applicant for the property owner Alexander Raine, USR Propco II, LLC


5425 Williamson Boulevard


A request for approval of a variance from Chapter 10, Section 13 of the Land Development Code to waive the requirement to provide the City with adequate easements over the subject property’s stormwater system (ponds, pipes, and structures).  If the variance request is approved, the property owner is proposing to provide the City with easements over the components of the site’s stormwater

system necessary to prevent damage to public infrastructure, natural amenities, and surrounding residential dwellings and business.  


Staff recommends denial of the variance requested to modify the easement coverage over the stormwater system for the US Foods Service site.  However, if the Commission would recommend approval of the variance, staff requests the following conditions be included as a part of the motion: The variance from granting easements to the City would just pertain to the pipes carrying stormwater from the roof drains and inlets, within the parking lots to the stormwater ponds;  Provide the City Attorney’s office with a sketch and legal description of the required easements no later than sixty (60) days prior to the expected Certificate of Occupancy (C.O.) date to avoid unnecessary delay in the issuance of the C.O.; and The easements for the detention and retention ponds shall extend ten feet beyond the top of the banks. 


Tim Burman, Principal Planner, presented a Staff Report and diagrams showing the easement areas that are existing and the areas that are proposed.  He explained how the city code allows the City to enter private properties to maintain or protect other businesses or city property.  Jeff Barnes, Senior Director of Corporate Real Estate for U.S. Foodservice, explained to the Commission how the existing easement limits the company’s ability to expand.  If the company needs to cross over any easements to update or add to existing utilities to the building they would have to go before the City Council in each instance to vacate and create new easements.  Lynette Luff, Paralegal, remarked that easements can be made non-exclusive depending on the scope of the easement and the work.  Mr. Barnes explained how a failure in any of the areas the proposed easement excludes would not cause damage to any structures or infrastructures other than on or in their own company property.  The proposed easement allows proper access to ponds and drainage areas.  Mr. Burman added that the City requires easements over the area where the water problems end up rather than where the problem begins.  Commissioner Barker stated he would like to see at

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least a letter of permission from the company allowing the City access to easement areas.  Mr. Barnes said he can’t imagine that the company would deny access to the City.  Mr. Burman stated if the Commission approves this request there are some standard conditions, which Mr. Barnes said the company agrees with (Conditions listed above). 



Motion made by Commissioner Green, seconded by Commissioner Jordan, to recommend approval of the request for variance from Chapter 10, Section 13 of

the Land Development Code to waive the requirement to provide the City with adequate easements over the subject

property’s stormwater system with the above conditions as recommended by Staff. Motion carried unanimously upon roll call vote.








Gwen Perney, Planner, and Wayne Clark, Director of Community Development reported that Raydon is now open.  Commissioner Green remarked that a Port Orange Police Officer is present to direct traffic each afternoon on the roadway that was supposed to be fair share.  Mr. Clark answered that Raydon has approximately 200 employees leaving the business at one time which is overwhelming the system.  There is no acceleration lane when making a right turn and the break in traffic is frequently too short for left turns.  He stated they do

have a completed design for a traffic signal that they are working on with the County.  The main question is how the signal should operate.  Commissioner Barker stated Williamson Blvd was meant to be a beltway not to be obstructed with traffic lights.  Chairman Arminio asked who is to pay for the signal.  Mr. Clark said the County is not paying for the signal and funding has not been determined yet.  Commissioner Green asked if the signal wasn’t part of the overall plan.  Mr. Clark said the fair share payments went to Summer Trees and for a signal at Town West and Williamson and that this issue came up later.  A discussion of signal timing and other ways to minimally affect traffic on Williamson and by US



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Foods ensued.  Mr. Clark remarked the City Council will have input on what goes in. 


Chairman Arminio asked what is being done with the former Kmart property.  Mr. Clark replied a Beall’s Outlet is planned and the other three spaces have not been leased yet.  He stated Hooligan’s is slated to open around Valentine’s Day and that ABC Liquor will have its Certificate of Occupancy before the end of the year.         




Commissioner Green remarked there has been a lot of activity in the Pavillion.

He stated a light at Raydon could help US Foods as well.



11.       STAFF COMMENTS-   None.




12.      PUBLIC COMMENTS-  None.





Motion made by Commissioner Green, seconded by Chairman Arminio, to adjourn the meeting.  Motion carried unanimously upon voice vote.


Adjourned:  6:20 P.M.




                                                                                    Chairman Michael Arminio