SEPTEMBER 22, 2011


THE REGULAR MEETING OF THE PLANNING COMMISSION of the City of Port Orange was called to order by Chairman Robin Lasky at 5:02 p.m.


Pledge of Allegiance


Silent Prayer


Roll Call:                       Present:      Chairman Robin Lasky

Vice-Chairman Richard Barker

Commissioner Shannon Booth

Commissioner Thomas Jordan

Commissioner Michael Arminio                           


Absent:          Commissioner Lance Green (excused)

Commissioner Joan Parker (excused)


Also Present:           Wayne Clark, Community Development Director         

Tim Burman, Principal Planner

                                                            Penelope Cruz, Principal Planner

                                                            Lynette Luff, Assistant City Attorney

Carole Thomas, City Clerk’s Office                     




Motion made by Commissioner Booth, seconded by Commissioner Jordan to approve the minutes of August 25, 2011.  Motion carried 5 – 0 upon voice vote.


B.           NEW BUSINESS


5.            Case No. 11-25000004



A request for approval of an administrative amendment to the Land Development Code (LDC) to create three new zoning districts: Office/Residential Transition (ORT), Mixed-Use Center (MXC), and Recreation (REC). The amendment provides zoning districts that are consistent with the Future Land Use categories provided in the Comprehensive Plan.


Penelope Cruz presented Case 11-25000004.  She explained that the proposed amendments would create 3 new zoning districts as follows:


·         Office/Residential Transition (ORT),

·         Mixed-Use Center (MXC), and

·         Recreation (REC).


Ms. Cruz stated both the ORT and the MXC are mixed-used zoning categories. The ORT category has more of an office/institutional focus; whereas, the MXC category has more of a straight commercial focus.  She further explained the REC category provides an alternative zoning option for private active and passive recreation uses.  She further explained that currently, the City allows passive recreation uses the Floodplain-Conservation zoning category. Active and passive recreation is permitted in the Government/Public Use category; however, a public hearing is required to establish the use.


The MXC and REC zoning districts are proposed as “floating districts” – meaning that there are no immediate rezoning plans for these districts to be applied to any properties. 


The ORT zoning district is expected to be applied to properties on Dunlawton Avenue (i.e. between Herbert St. and Dunlawton Ave., east of the FEC railroad) that just had their Future Land Use changed to ORT as part of the 11-1 Comprehensive Plan Amendments.


Ms. Cruz stated staff recommends approval. 


Discussion ensued regarding where it would be appropriate to apply locational criteria to certain properties.


Motion made by Commissioner Booth,

seconded by Commissioner Jordan to recommend approval for rezoning in Case number 11-60000002.  Motion carried 5 – 0 upon roll call vote.


6.            Case No. 11-25000005



An administrative request to amend sections of the Land Development Code (LDC) pertaining to the width of parking spaces, compact parking spaces, sandwich board signs, temporary banners, and identification signs two (2) square feet or less. 


Tim Burman presented Case No. 11- 11-25000005.  He stated a few months ago, a set of clean up code amendments were brought before the Planning Commission and this was a second set of amendments to clean up some more items that have been discovered since then. 


He stated that these changes were made to change the content of existing code to address problems that we have encountered when applying to actual developments.


As detailed in the Staff Report, Mr. Burman offered the following information:


Mr. Burman explained Amendment #1 – Compact Parking Spaces & Widths of Parking Spaces.  He stated this is to Amend LDC Chapters 12 and 13 to remove language that allows compact parking spaces and revise the width requirement for a standard parking space from 10’ to 9’.  He stated staff has surveyed surrounding Cities and also a number of the recent (MDA Master Development Agreements) have been approved PC zoning districts having 9’ spaces as the required width so that is why the change was made.


Mr. Burman explained Amendment #2 – Temporary Banners.  Staff is proposing language which would allow businesses to use the banner for 30 days without requiring them to apply for a sidewalk sale.  Currently, a sidewalk sale and temporary banner are required to be applied for.  This proposed change would streamline the process and make it one permit is required to be applied for. 


Mr. Burman explained Amendment #3 – Sandwich Board signs.  Staff started noticing these in multi-tenant buildings such as Dunlawton Square and the Publix shopping center on the west side of I-95.  Currently code does not allow these except for an area in the PCA Zone District which is north of Coraci fields and not yet developed.  Amendment #3 would allow sandwich board signs to be used by multi-tenant commercial buildings throughout the City and throughout the Port Orange Town Center District.  Staff has established height and area criteria which is similar to what is in the Code now and also states the sign must be removed when the business is closed or at night and also provide clearance requirements so the sign would not impede pedestrian traffic going through the shopping center.


Mr. Burman explained Amendment #4 – Identification Signs of Two Feet or Less.  The proposal is to prohibit the use of these signs.  Currently, the code allows an exemption for these signs to be installed and is unlimited.  As a result, we are now seeing businesses placing many temporary signs throughout the landscape beds to draw attention to the business.  Staff has seen a steady increase of these signs being placed in surrounding areas as well. 


Mr. Burman stated staff is recommending approval of the Amendments to Chapter 12, 13 and 15 of the Land Development Code. 


Discussion ensued regarding the removal of the temporary signs and how enforcement of removal would occur in commercial areas.  Discussion ensued regarding special event permit and sidewalk sales.  Commission Booth stated she was sympathetic towards business owners trying to attract business with the use of signs. 


Commissioner Booth introduced her guest, Mr. Shannon Queen, owner/operator of Chik-Fil-A, 1761 Dunlawton Avenue, Port Orange, FL.  He stated his business has used smaller signage for promotion since he does not have a message sign board on the right-of-way on Dunlawton Avenue. 


Chairman Lasky stated she felt stand-alone buildings should be separated from this requirement. 


Discussion ensued regarding the procedures and criteria for applying for temporary banners, the cost involved and the definition of a banner.


Vice Chairman Barker stated he is pleased with the landscape buffers throughout the City and the aesthetics of the City as a whole.


Commissioner Arminio approved of the changes with the condition of increasing the number of cumulative days under Amendment #2 – Temporary Banners from 28 days to 45 days


Commissioner Booth approved with the comment that the 9’ parking space seems too small. 


Wayne Clark, Community Development Director addressed the Commission.  He stated these changes were at the suggestion of City Council.  The intent of these changes is to solve the problem of where the biggest headaches for the business are and whereby the City could provide a benefit without being too lenient.  The approach was to gradually make improvements without costing the City it’s aesthetics.  He stated it is the Board’s discretion to make changes or suggestions to these Amendments.


Chairman Lasky approved with the comment that the banners for stand-alone buildings be looked out more closely and working with stand-alone business owners regarding promotional signage and possibly forming a committee to examine the issue further as it relates to different areas of business.


Motion made by Vice Chairman Barker,

seconded by Commissioner Booth to recommend approval in Case number 11-25000005.  Motion carried 5 – 0 upon roll call vote






Vice Chairman Barker asked about the status of permit that was submitted for the relocation of the B-19 canal.


Wayne Clark, Community Development Director, explained that Mr. Burman attended a meeting for six hours with the Development Team for the Altamira project regarding the relocation of the canal and development of the property.  Adjacent property owners need to still be notified of the construction activity.  The developer essentially has everything they need from Volusia County in order to proceed.  He explained that the B-19 Canal/Ditch is a County canal, a County project within City limits.  A Change of Grade permit has been submitted so there is record that correct procedures have been followed.  The corner of the property closet to Shoppes at Yorktowne is a city-owned parcel as well as a FDOT stormwater pond so easements must be approved by City Council before the canal work can begin. 


Currently under review are four platted lots out front at the Altamira project site.  CVS is one, to the east of CVS is a three-unit commercial building which are public tenants and include an Aspen Dental, a Verizon and Chipotle restaurant.  Because it is zoned correctly for commercial use and already platted as a lot, it could go forward and get built just like CVS, so in all probability, there may actually something that happens there before anything is done with the canal.


Golden Corral is also within this area but not zoned properly.  Also proposed is a BJ’s Warehouse and LA Fitness adjacent to it.  The idea is have BJ’s start their construction sometime next Spring or Summer.  Road improvements include extending Yorktowne Boulevard through to Boggsford Road with turn lane improvements at Dunlawton Avenue and Taylor Road.  Rezoning applicants for a PCD rezoning will come before the Planning Commission next month regarding this area minus the CVS and the Holub-Lichtigman joint venture properties and the stormwater pond.


Vice Chairman Barker asked if the redesign of the B-19 canal is similar to what was originally submitted.  Mr. Clark said it was essentially the same with some minor engineering design changes. 




Vice Chairman Barker asked how the idea for the new land uses came about.  Ms. Cruz stated that research was done for the Comprehensive Plan and other categories were researched.  Vice Chairman Barker commented that it was job well done.


Commissioner Jordan asked about the vacant church site at Madeline Avenue and Williamson Boulevard as he recently saw people gathered there looking over the property. 


Wayne Clark, Community Development Director stated the City has received emails regarding interest in the property.  The prospective party is a church group and they are conducting a Due Diligence at this point.






ADJOURNMENT:    6:00 p.m.



Chairman Robin Lasky