DECEMBER 10, 2013


THE SPECIAL CITY COUNCIL WORKSHOP of the City of Port Orange was called to order by Mayor Allen Green at 5:00 p.m.


Pledge of Allegiance


Silent Invocation


Roll Call:                    Present:                     Councilman Bob Ford

                                                                        Councilman Drew Bastian

Councilman Dennis Kennedy

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green


                                    Also Present:            Greg Kisela, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk




4.    Resolution No. 13-72 – 13-2 Comprehensive Plan Amendment/Cypress Head PCD, Case No. 13-20000002


Wayne Clark, Community Development Director, provided background information on the request from Paytas Homes.


Jim Paytas, Paytas Homes, provided details of his request to change the Future Land Use (FLU) designation from Commercial to Urban High Density Residential (8-16 units/acre) for +/- 13 acres of an overall +/- 18.7 acre property. The property as it is now could bring in projects such as Publix, Lowes, or Kohl’s. The change would allow for up to 208 market rate apartments, assisted living or transitional facility, townhomes or duplexes, residential low rise condos, or be scaled down and still do a residential project, which will bring less traffic, better maintained areas, and less pavement and asphalt. Mr. Paytas pointed out that commercial lighting requirements are not favorable for the current residents. He also suggested a commercial project would draw people from outside the area rather than just residents. Paytas Homes is not looking to build a project to the detriment of the community. He has addressed the issues raised by homeowners and Council Members.


Mayor Green advised that he spoke with Jim Paytas prior to the meeting and discussed some of the issues.


Margaret Roberts, City Attorney, advised Council that they are prohibited by state and federal law from imposing a market rate restriction in the comprehensive plan and is prohibited from requesting or requiring a market rate restriction as a component of the proposed development. The City Council is required to make its determination on the appropriate land use as commercial or multi-family residential.


Mayor Green said most of the people he spoke to were concerned with ownership of the project and the units to be built.


Councilman Kennedy also heard from several residents. He doesn’t see that this is an area that needs more residential units. He thinks there may be a higher demand in the near future for commercial projects than residential units. He would like to see it remain as a commercial node.


Councilman Bastian agrees with Councilman Kennedy that the area is going to change in the near future. He doesn’t know what the best fit is for the area.


Vice Mayor Burnette has a lot of questions on what would be best and how it will impact the residents and the City as a whole.


Councilman Ford is hesitant to reduce commercial zonings. He would have considered a residential project if Council could put some restrictions on it. The community residents expressed to him that they are comfortable with a commercial project.


Mr. Paytas understands the concerns. He believes the intersection will look a lot like Spruce Creek and Nova Road. He is committed to mitigating the concerns of the residents.


Dan Pardus, Realtor and citizen of 6214 Tortoise Creek Lane, voiced his concerns for a residential project.       


Melody Lankford, citizen, is opposed to the request because of the elementary school capacity, which is already full. She believes the quality of education could be affected. Traffic in the area is already heavy and more residential units will have a negative effect on the traffic.


Arlene Fiore, citizen, is concerned with the entrance way to Ashton Lakes. She would like to know what Mr. Paytas’ intentions are with the entrance way.


Walter Smith, citizen, is concerned with the back view of apartment complexes versus the fronts that were shown by Mr. Paytas.


Jim Paytas, Sr. believes the commercial project will create more traffic than a residential project.


Ernie Audino, citizen, is not supportive of a multi-family project in the area.


Rich Fiore, citizen, believes Mr. Paytas is honorable but is concerned with Mr. Paytas selling the property. That owner will have no restrictions and no promises.


Bob Williams, citizen, said there were 217 police and fire calls into Ashton Pointe Apartments and he is concerned with another apartment complex going in.


Councilman Kennedy asked if the entry way in Ashton Lakes is owned by the homeowner’s association.


Mr. Paytas advised that the entry way is owned by James & James Development. He has committed to work with the homeowner’s association to clean that up. He has spoken to the school district regarding the impact on the number of students. He would suggest the vote be tabled or postponed so some more of the concerns can be addressed. He’s trying to do the right thing.


Councilman Ford asked about a ladder truck with the fire department. Mr. Kisela said it is being repaired. Councilman Bastian said there is not a ladder truck in the city that will handle four (4) or more stories.


Stephanie Olsen, citizen, asked if Mr. Paytas can add a Phase II to Ashton Lakes. She objects to high density residential units.


Mr. Clark provided details of what the zoning is currently. It currently has a Commercial Land Use with a PCD (Planned Commercial Designation Zoning District). Commercial development will require Council approval.


ADJOURNMENT: 5:58 p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, CMC

City Clerk