OCTOBER 27, 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 Michael Arminio

Commissioner Lance Green


Absent:                      Commissioner Joan Parker (excused)

Commissioner Thomas Jordan (excused)


Also Present:                       Wayne Clark, Community Development Director    

Tim Burman, Principal Planner

                                                                        Penelope Cruz, Principal Planner

                                                                        Lynette Luff, Assistant City Attorney

Joyce Dombrowski, City Clerk’s Office                    




Motion made by Commissioner Booth, seconded by Commissioner Arminio, to approve the minutes of September 22, 2011.  Motion carried 5 – 0 upon voice vote.



B.           NEW BUSINESS


5.          Case No. 11-90000005

VARIANCE/James S. Morris, Agent/Applicant for APD Realty and Management Company, Property Owner

51 Dunlawton Avenue


A request for approval of the following variances in order for the property located at 51 Dunlawton Avenue to be redeveloped with a ±2,576 square-foot office and coffee shop with a drive thru and associated site improvements:

(a)          Reduce the north landscape buffer from 20' to a variable width buffer with a maximum width of 20' and a minimum width of 6'.

(b)          Reduce the west landscape buffer from 5’ to 4’.

(c)          Reduce the minimum open space requirement from 30.0% to 25.1%.

(d)          Reduce the parking space width from 10’ to 9’.


Penelope Cruz, Principal Planner, gave a PowerPoint presentation with photographs showing the property and the proposed variances.  The redevelopment will have a less intense impact to the area than the gas station did.  The developers and the residents prefer to keep the existing 8 foot tall wall separating the adjacent neighborhood from the property.  Jim Morris, attorney for the applicant, was available for questions and provided site photographs.  The primary use of this building will be the developer’s general office.  The coffee shop will be very small with no indoor seating.  There will be a few tables outside in the landscaped area on the eastern side of the building.  Robert Hall, architect for the building, stated the building’s second floor will be only for file storage.  The total square footage of the building is 4,700 square feet with the coffee shop using 600 square feet. 


Commissioner Green stated his concern is regarding entering and exiting the site and not having the site exit under the bridge.  Mr. Morris stated signage will be up marking the western driveway as a right turn only.  The traffic pattern will duplicate the gas station pattern which requires exiting onto Peninsula.  No existing driveways or curb cuts will be changed.   Mr. Morris said the building is being located as far away from the homes and as close to Dunlawton Avenue as it can be.  Chairman Lasky asked if there is the possibility of a change of use for the building in the future.  Ms. Cruz stated the zoning is not changing and the number of parking spaces will limit what type of businesses could locate there in the future.  


Citizen Eva Hobler, 104 Coral Way, stated her backyard faces the bridge and she is worried about the loss of privacy with the second floor.  Mr. Morris stated the second floor is only for storage.  The building is already occupied as much as it can be based on the limited parking spaces.   


Motion made by Vice-Chairman Barker, second by Commissioner Booth, to recommend approval of the variances in Case number 11-90000005.  Motion carried 5 – 0 upon roll call vote.


6.         Case No. 11-25000001


TEXT AMENDMENTS/LDC Chapters 2, 12, 17 & 18 and Code of Ordinances Chapter 18 -- Pain Management Clinics


An administrative request for approval to amend Chapters 2, 12, 17 and 18 of the Land Development Code (LDC) and Chapter 18 of the Code of Ordinances relating to pain management clinics. If approved, the amendments will allow pain management clinics as a permitted use in the “PO” zoning district with special development requirements. The amendments also provide definitions and regulatory requirements regarding the location and operation of pain management clinics.


Tim Burman, Principal Planner, advised the Commission that the City has written clear definitions that will allow legitimate pain management clinics to locate within Port Orange.  Other definitions in the Land Development Code and the Code of Ordinances have been clarified to separate medical offices and retail sales from pain management clinics.  Pain management clinics must meet certain criteria in order to obtain a business tax license and must be located in a district zoned for this type of business.  Staff is recommending approval of the above amendments subject to review by the City Attorney as to legal form and content. 


Commissioner Booth asked if these amendments are based on what other cities have done.  Mr. Burman said yes, and the county they modeled these amendments from has not had any issues with the amendments.  Commissioner Green stated he is concerned with the hours of operation being 7am-7pm and allowing Saturday hours.  Mr. Burman said under the current code they could be allowed to be open 24 hours a day and after looking at several doctor’s offices to see what hours it was determined these hours are reasonable.  Chairman Lasky stated legitimate clinics that are open until 7pm is good for clients who work.  Vice Chairman Barker said he is also concerned with the times.  Commissioner Arminio said he does not have a problem with the times because these clinics will not be located in residential areas.  No one from the audience wished to speak on this matter.     


Motion made by Commissioner Booth, second by Commissioner Arminio to accept Staff’s Recommendation in Case number 11-25000001.  Motion carried 5 – 0 upon roll call vote.


Vice Chairman Barker requested looking at the hours more closely with his vote.  


            7.         Case No. 11-25000006


Chapter 18 – Simulated Gaming Devices


An administrative request to amend Chapter 18 (Businesses) in the Code of Ordinances relating to electronic gaming devices. If approved, simulated gaming devices will be prohibited in the City of Port Orange.

Mr. Burman asked for this item to be withdrawn from the agenda because he has recently received information he needs to review.  The item will be brought back at the November meeting.


8.            MORATORIUM EXTENSION/Internet Cafes, Game/Recreational Facilities, and

Adult Arcade Amusement Centers


On June 7, 2011 Council approved a 180-day moratorium relating to the issuance of development orders, building permits, and zoning approvals for business tax receipts for the operation of the subject businesses.  Staff has prepared proposed changes to the Land Development Code and Code of Ordinances regarding the location and associated development requirements for these uses; however, in the event the proposed ordinances have not been adopted before the moratorium expiration date on January 14, 2012, Staff is recommending the moratorium be extended an additional 180 days or until a regulatory ordinance is adopted.


Mr. Burman stated the Staff is requesting an extension on the moratorium to make sure it will not lapse before the proposed regulations and ordinances have been put in place.  No one from the audience wished to speak on this matter.  Assistant Attorney Luff advised Commissioner Booth she needed to disclose her conflict.  Commissioner Booth abstained from the vote.  Form 8B was provided.


Motion made by Vice Chairman Barker, second by Commissioner Green to approve the Moratorium Extension on Internet Cafes, Game/Recreational Facilities, and Adult Arcade Amusement Centers.  Motion carried 4 – 0 upon roll call vote with Commissioner Booth abstaining.


9.            Case No. 11-27500001



A request for approval of the annual update of the Comprehensive Plan Capital Improvements Element (CIE) in accordance with Florida Statutes.


Ms. Cruz provided the annual update.  All required public facilities are meeting the City’s adopted level of service standards.  All improvements shown in the update were to maintain the level of service standards for the future.


Motion made by Commissioner Barker, second by Commissioner Arminio to approve Case No. 11-27500001. Motion carried 5 – 0 upon roll call vote.

C.           OLD BUSINESS


10. PROJECT UPDATE/Journey’s End Subdivision Final Plat  -

Case No. 00-50000008


An update on the minor changes and additions to the Journey’s End Subdivision Final Plat due to the recent change in ownership.


Mr. Burman stated there has been a slight change in the overall boundary of the plat, some check line adjustments, notes have been added regarding stormwater easements for property to the south, the name of the plat has changed, the name of the road has changed from Drive to Way, and the names of the property owner and the association has changed.  Applicant Carl Thomas and Mr. Morris, attorney for the applicant, were present.  Mr. Thomas stated the City should be proud of their code department staff, who enthusiastically worked with him to help expedite the completion of the project.  They hope to open December 5th






Chairman Lasky said she has had many people ask if the Texas Roadhouse will be totally bricked.  Mr. Clark stated there will be some bricks added to tie the building to the rest of the Pavilion but not much.  Vice Chairman Barker asked about progress at Altamira.  Mr. Clark said two easements regarding relocating the canal were approved by Council at its last meeting so work will begin on the roadway soon.  The project should be coming back to this Board for rezoning to a PCD in the near future.  There are proposals for Golden Corral and a multi-tenant bay along the front of the road.  BJs Wholesale is under contract to build on the site and has been meeting with landowners.  Commissioner Green said several area homeowners are concerned with drainage. Mr. Clark is advising the applicant to meet with people in the neighborhood prior to the start of the heavy construction.  Dunkin Donuts is looking at moving to a site near Burger King or at Altamira.  Chase Bank is tearing the old Blockbuster building down and rebuilding.  Vice Chairman Barker asked if there will be a disruption of traffic or on the walking bridge on Taylor or Dunlawton due to the relocation of the B-23 Canal.  Mr. Clark stated he does not know the specifics yet.  Commissioner Green said he does not think it affects the roadway area.


            12.       COMMISSIONER COMMENTS- none.

            13.       STAFF COMMENTS- none.

14.         PUBLIC COMMENTS- none.


E.        ADJOURNMENT:   5:48 p.m.



Chairman Robin Lasky