PLANNING COMMISSION MEETING

CITY OF PORT ORANGE

1000 CITY CENTER CIRCLE

COUNCIL CHAMBERS

NOVEMBER 18, 2010

 

THE REGULAR MEETING OF THE PLANNING COMMISSION of the City of Port Orange was called to order by Chairman Michael Arminio at 5:00 p.m.

 

Pledge of Allegiance

 

Silent Prayer

 

Roll Call:

Present:

Commissioner Joan Parker

Commissioner Robin Lasky

Commissioner Shannon Booth                                       

Chairman Michael Arminio

Commissioner Thomas Jordan

 

Absent:

Commissioner Lance Green (excused)

Commissioner Richard Barker(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               

 

CONSIDERATION OF MINUTES

 

Motion made by Commissioner Lasky, seconded by Commissioner Jordan, to approve the minutes of the October 28, 2010 meeting. Motion carried 5 – 0 upon roll call vote.

 

 

NEW BUSINESS

 

 

 

Planning Commission Meeting Minutes

November 18, 2010

Page 2

 

5.         MORATORIUM/Internet Cafes, Game/Recreational Facilities, and Adult Arcade Amusement Centers

 

An administrative request for approval of an 180-day moratorium relating to the issuance of development orders, building permits, and zoning approvals on business tax receipts for the operation of internet cafes, game/recreational facilities, adult arcade amusement centers, and other similarly operated facilities within the City of Port Orange.

 

Commissioner Shannon Booth filed a Memorandum of Voting Conflict and stated she will abstain from this vote.

 

Gwen Perney, Planner, gave the staff report requesting this moratorium.  Staff is concerned that the Land Development Code does not currently specifically set standards for internet cafes.  When first written into the Code, internet cafes had a different purpose.  Recently Staff has been getting requests to see where internet cafes would be allowed.  Internet cafes would currently only be allowed in the Riverwalk overlay district, which may not be the best or appropriate location for businesses that include gaming or amusement centers.  Staff is requesting the moratorium in order to have adequate time to research State regulations and regulatory ordinances in similar cities and make necessary recommendations to establish criteria for their location and operating requirements. 

 

Commissioner Lasky asked how many internet cafes are currently operating in the City.  Ms. Perney said none at this time.  Ms. Perney said one of the things the Department is going to check into is clearly defining the uses of the internet at an internet café and what can be allowed.  Chairman Arminio stated the internet is not really the key item, it is what is being done on line like gambling.  Ms. Perney stated that in the beginning internet cafes were mainly for checking email but with people now being able to check email on their phones it seems the internet cafes are more of an on-line gaming or gambling site.  They are focusing on internet gaming and gambling, not on sites that have gambling machines.  Internet café is currently defined as a commercial establishment where one can use the computer with internet access for a fee or by purchasing a pass. 

 

Wayne Clark, Director of Community Development, said many businesses can be described as internet cafes the way the definitions are written.  The code needs to be written to cover a variety of uses and technology as well as address other issues such as parking and security.  The City is getting requests from people to open such businesses and wants to make the code clearer.  Chairman

 

Planning Commission Meeting Minutes

November 18, 2010

Page 3

 

Arminio asked how a business such as a restaurant that offers wifi service will be controlled.  Mr. Clark stated it will be determined on what is considered the principal use of a business.  That is one of the things that will be addressed during the moratorium.  Commissioner Lasky asked if a restaurant comes to the City, wants to open, and mentions they want to offer internet service will they be denied.  Mr. Clark stated the main business would be a restaurant and they would be allowed to open in an area zoned for restaurants.  This moratorium is for businesses where the internet is their principal use.  Mr. Clark explained the procedures for obtaining a moratorium and how it relates to this Board and the City Council.  Commissioner Lasky asked if he really thinks reviewing the code will take six months.  Mr. Clark said the code is very broad the way it is written.  Commissioner Jordan asked if there are any applications pending.  Mr. Clark said there are at least two in the process of applying but no complete applications have been turned in.  Technically they have not been accepted but if the businesses get everything turned in prior to the Council adopting the ordinance they would be ahead of the moratorium and would have to be processed according to the rules in place at the time.

 

Motion made by Commissioner Lasky, seconded by Commissioner Parker, to approve the staff recommendation for a 180-day moratorium relating to the issuance of development orders, building permits, and zoning approvals on business tax receipts for the operation of internet cafes, game/recreational facilities, adult arcade amusement centers, and other similarly operated facilities within the City of Port Orange.  Motion carried 4 – 0 with roll call vote, with Commissioner Booth abstaining.

 

6.         2010 CONCURRENCY MANAGEMENT REPORT

 

Tim Burman, Principal Planner, presented the report.  There were no questions.

 

Motion made by Commissioner Booth, seconded by Commissioner Jordan, to approve the 2010 Concurrency Management Report.  Motion carried 5 – 0 with roll call vote.

Planning Commission Meeting Minutes

November 18, 2010

Page 4

 

OTHER BUSINESS:

 

7.         DEVELOPMENT ACTIVITY REPORT

 

Chairman Arminio asked Mr. Clark what is going on at the former Biscuits and Gravy site.  Mr. Clark stated the site is being torn down and there is a draft proposal in the early stages of development that will cover both lots.  Ms. Perney explained that prior to the building burning down there was a site plan in process for the property next door.  They have resubmitted the site plan to include two buildings with several bays each. 

 

8.         COMMISSIONER COMMENTS

 

Commissioner Parker asked if there were plans submitted to rezone the balance of the site where CVS is being developed.  Mr. Clark replied that he has received an email from the owner’s development team with a proposal to build the Yorktown Road through the back.  They are ready to finalize the details for getting the road built.  They cannot really continue with the rest of the site until the road is complete.  He does not have an specific dates yet. 

 

Commissioner Lasky asked about the Kmart site.  Mr. Clark stated only Beall’s Outlet has signed; the other three bays are unknown. 

 

9.        STAFF COMMENTS

 

Mr. Clark reported Mr. Burman and Ms. Perney passed their Certified Planner’s Exam.  All planners on staff are now certified planners. 

 

10.      PUBLIC COMMENTS

 

None.

 

ADJOURNMENT: 5:25 p.m.    

    

 

                                                                                    _____________________

                                                                                    Chairman Michael Arminio