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AGENDA PLANNING COMMISSION CITY OF PORT ORANGE Meeting Date: Thursday, February 28, 2019 Time: 5:30 PM Type of Meeting: Regular Location: Council Chambers City Hall, 1000 City Center Circle A. CALL TO ORDER 1. Pledge of Allegiance 2. Silent Invocation 3. Roll Call B. DISCUSSION/ACTION 4. Consideration of Minutes 5. CASE NO. 19­90000001 VARIANCE/4832 HALIFAX DRIVE A request by the Applicant for variances from the LDC to: 1) reduce the minimum lot width to 20­feet in lieu of the required +/­ 82 feet for property zoned Neighborhood Preservation (NP); and 2) allow for a dock side setback to be 5­feet in lieu of the required 10­feet from a side property line. Staff Contact: Briana Conlan King (386) 506­5676/brking@port­orange.org 6. CASE NO. 19­40000001 FIRST AMENDMENT TO THE CATFISH COMMONS PLANNED COMMERCIAL DEVELOPMENT MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN 4085 Ridgewood Avenue and 4108 Halifax Drive A request by the applicant to amend the Catfish Commons Planned Commercial Development (PCD) Commercial Development Master Development Agreement (MDA) and Conceptual Development Plan (CDP) to allow: 1) a mobile retail unit to be positioned at 4085 Ridgewood Avenue; 2) allow a residential unit above the entry feature at 4108 Halifax Drive to serve as a residence for any business owner/manager of a business within the PCD; and 3) to waive fees associated with future amendments to the MDA or CDP for the PCD property. Staff Contact: Gwen Perney (386) 506­5673/gperney@port­orange.org Planning Commission Meeting Thursday, February 28, 2019 Page 2 of 2 7. CASE NO. 19­40000002 FIFTH AMENDMENT TO THE WESTPORT STORAGE AND OFFICE BUILDING PLANNED COMMERCIAL DEVELOPMENT MASTER DEVELOPMENT AGREEMENT East side of S. Williamson Blvd., south of Taylor Road A request by the Applicant for the Fifth Amendment to the Westport Storage and Office Park Planned Commercial Development (PCD) Master Development Agreement to amend the list of the permitted uses allowed in the PCD. Staff Contact: Penelope Cruz (386) 506­5671/pcruz@port­orange.org 8. CASE NO. 19­25000001 LDC TEXT AMENDMENT/CHAPTER 9 An amendment to Chapter 9 of the Land Development Code to update the tree survey and mitigation requirements based on recommendations by the Environmental Advisory Board. Staff Contact: Briana Conlan King (386) 506­5676/brking@port­orange.org C. OTHER BUSINESS 9. Commissioner Comments 10. Staff Comments D. PUBLIC COMMENTS E. ADJOURNMENT ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING COMMISSION WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE HE OR SHE MAY NEED TO ENSURE AT HIS OR HER OWN EXPENSE FOR THE TAKING AND PREPARATION OF A VERBATIM RECORD OF ALL TESTIMONY AND EVIDENCE OF THE PROCEEDINGS UPON WHICH THE APPEAL IS TO BE BASED. NOTE: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE CITY CLERK FOR THE CITY OF PORT ORANGE, 1000 CITY CENTER CIRCLE, PORT ORANGE, FLORIDA 32129, TELEPHONE NUMBER 386­506­5563, CITYCLERK@PORT­ORANGE.ORG, AS FAR IN ADVANCE AS POSSIBLE, BUT PREFERABLY WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE OR 5 DAYS PRIOR TO THE MEETING DATE. IF YOU ARE HEARING OR VOICE IMPAIRED, CONTACT THE RELAY OPERATOR AT 7­1­1 or 1­800­955­8771. UPON REQUEST BY A QUALIFIED INDIVIDUAL WITH A DISABILITY, THIS DOCUMENT WILL BE MADE AVAILABLE IN AN ALTERNATE FORMAT. IF YOU NEED TO REQUEST THIS DOCUMENT IN AN ALTERNATE FORMAT, PLEASE CONTACT THE CITY CLERK WHOSE CONTACT INFORMATION IS PROVIDED ABOVE. REGULAR PLANNING COMMISSION MEETING MINUTES COUNCIL CHAMBERS – CITY HALL 1000 CITY CENTER CIRCLE PORT ORANGE, FLORIDA JANUARY 24, 2019 THE REGULAR PLANNING COMMISSION MEETING of the City of Port Orange was called to order by Chairman White at 5:30pm. Pledge of Allegiance Silent Invocation Roll Call Present: John Junco Newton White Thomas Jordan Lance Green Maria Mills-Benat Darrel “Bo” Bofamy Absent: Joseph Fazzie (excused) Also Present: Shannon Balmer, Assistant City Attorney Shelby Field, Assistant City Clerk ELECTION OF OFFICERS Vice Chairman Thomas Jordan was offered the Chair position and accepted. Motion was made by Commissioner White to nominate Commissioner Mills-Benat for Vice Chairman, Seconded by Commissioner Bofamy. Commissioner Mills-Benat accepted the nomination. Motion carried unanimously by voice vote. DISCUSSION/ACTION 5. Consideration of Minutes Motion to approve the meeting minutes from December 12, 2018 was made by Vice Chairman Mills-Benat and Seconded by Commissioner White. Motion carried unanimously by roll call vote. Regular Planning Commission Meeting January 24, 2019 Page 2 of 4 6. Case No. 18-20000007 SMALL-SCALE COMPREHENSIVE PLAN FUTURE LAND USE (FLU) AMENDMENT/WOODHAVEN PUD North of Pioneer Tr., between Williamson Blvd. and I-95 A request by the applicant to change the Future Land Use (FLU) designation for ±6.3-acres within Woodhaven Planned Unit Development (PUD) from Conservation to Mixed-Use Center. Staff Contact: Penelope Cruz (386) 506-5671 [email protected] Penelope Cruz, Planning Manager, discussed the details of the plan and answered questions from the Commissioners. Commissioners indicated that if they vote to approve the request they would like to see the ±6.3 acres in conservation moved somewhere else to preserve land. David Haus, applicant, discussed the details of the plan and responded to the Commissioners concerns. Mike Dennis, environmental consultant, believes ICI would be willing to preserve conservation acres. Motion to approve was made by Commissioner Junco and seconded by Vice Chairman Mills-Benat. Motion carried unanimously by roll call vote. 7. Case No. 18-40000003 SECOND AMENDMENT TO THE WOODHAVEN PLANNED UNIT DEVELOPMENT MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN North of Pioneer Tr., between Williamson Blvd. and I-95 A request by the applicant for the Second Amendment to the Woodhaven Planned Unit Development (PUD) Master Development Agreement (MDA) and Conceptual Development Plan (CDP) to modify the landscape planting requirement for the landscape buffer along Williamson Boulevard for Phase 1, allow for either an 8-foot tall opaque PVC fence or a landscape buffer adjacent to I-95, reduce the buffer width along Pioneer Trail between Williamson Boulevard and I-95 from 400-feet to 200-feet, and add language referencing the Land Development Code (LDC) Subdivision Variance process for future requests to modify the Williamson Blvd. landscape buffer. Staff Contact: Penelope Cruz (386) 506-5671 [email protected] Regular Planning Commission Meeting January 24, 2019 Page 3 of 4 Mrs. Cruz discussed the details of the plan and answered questions from the Commissioners. Commissioners expressed distain over the 8-foot tall opaque fence, stating they would prefer a landscape fence and believe citizens would feel the same. Mr. Haus assured Commissioners he would be willing to work with the City to provide a more suitable buffer along Williamson Blvd. Motion to divide motion into separate votes was made by Vice Chairman Mills- Benat and seconded by Commissioner Green. Motion passed 4-1 by roll call vote with Commissioner Bofamy voting no. Motion was made to modify the landscape planting requirements in the 50-foot wide landscape buffer along Williamson Blvd. for Phase 1 by Commissioner Green and seconded by Commissioner Junco. Motion carried unanimously by roll call vote. Motion to allow for either an 8-foot tall opaque PVC fence or a landscape buffer along I-95 was made by Commissioner Green and seconded by Commissioner White. Motion carried 4-1 by roll call vote with Commissioner Jordan voting no. Motion to modify the buffer width along Pioneer Trail from 400-feet to 200-feet on the condition the City will regain the 6 acres in future phases was made by Commissioner Green and seconded by Commissioner Junco. Motion carried unanimously by roll call vote. Motion to add language referencing the Subdivision Variance process from the Land Development Code for future requests to modify the Williamson Blvd. landscape buffer was made by Commissioner Green and seconded by Commissioner Bofamy. Motion carried 4- 1 by roll call vote with Vice Chairman Mills-Benat voting no. Regular Planning Commission Meeting January 24, 2019 Page 4 of 4 8. Commissioner Comments Commissioner Green expressed concerns over property maintenance from long term businesses. Tim Burman, Community Development Director, explained Code Enforcement handles such issues and he would pass the concerns along. Commissioner Green inquired about Acorn Storage on South Williamson Blvd. and the traffic resulting from it. Mr. Burman responded that the property meets all the access requirements through the City’s Land Development Code and all access onto the property is through Volusia County, who approved it. Commissioner White questioned Mr. Burman about the tree growing out of the former church building on the Northeast corner of Madeline Ave. and Williamson Blvd. Mr. Burman explained that the issue needs to be addressed by the property owner by May 30, 2019 either by demolishing the building or getting permits and site plans by said date or the City may take action. Commissioner White asked about the status of the Riverwalk condos. Mr. Burman responded that nothing has changed so far. 9. Staff Comments – there were none. PUBLIC COMMENTS- there were none. ADJOURNMENT- 7:03 pm ________________________________ Chairman Thomas Jordan STAFF REPORT Variances from LDC Chapter 17, Section 15(d)(1)(a); Chapter 9, Article III, Section 27(b)(9)(b) CASE NO. 19-90000001 REQUEST: Variances from the LDC to: 1) reduce the minimum lot width to 20- feet in lieu of the required +/- 82 feet for property zoned Neighborhood Preservation (NP); and 2) allow for a dock side setback to be 5-feet in lieu of the required 10-feet from a side property line.

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