Planning Commission - Regular Meeting

call the planning commission meeting to order for July 31st. If please rise, say the pledge in a moment of silence. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Amen. All right, clerk, if you'll please call the role. Stan Schmidt. Yes. Pres. Present. Daniel Malo here. Mariam, here. Army here. Thomas here. Thank you very much.

Uh moving on to the next item, discussion, action, consideration of minutes from the last meeting. Make a motion to approve the meeting m minutes from June 2025. Second. Thank you. We got a motion and a second. Either one, Bo or Daniel. Uh all those in favor, please signify by saying I. I. Those opposed. Motion carries. All right. Moving into our first case tonight here uh is case number VAC-25-00003. Can I get a motion, please? I move to approve. I guess that's good enough.

Second. GC-25- Z003. I'll second a motion and a second. This is a request for variances from chapter 12, section 6B, and chapter 13, section 3D of the land development code to reduce the parking space width and right-of-way landscape buffer requirements at 5784 Taylor Branch Road. Penelope,

yes, good evening, Cruz Planning. Uh the subject property is approximately 0.58 acres and it's located um along three roadways. Dunlot Avenue, Taylor Branch Road, and Journeys um Journeys End Way. It was previously developed, as you all know, as a gas station with a convenience store, which has been abandoned for some time now. Um on the screen you'll see there in the staff report the general concept plan that's proposed right now for a Dutch Brothers coffee shop with a drive-thru. Um and in order to support the redevelopment of this site, it does require the variances that were described. Um basically two landscape buffers of the three, the one along Dunlton and Taylor Branch Road. So, they're asking for a variable width landscape buffer with a maximum width of 12 feet wide and 5t is the narrowest spot along tail Taylor Branch. And you can see here along Taylor branch, it really just goes down to that narrow width in this one this one area here. The majority of it would be the 12T. Um, and then also a variable width buffer along Dunlton. um which would go from about five 5.5 feet to 12 feet along this area which is behind the 50 foot FDOT green space that's part of the the rideway there and also a third one for a parking space width of of 9 ft in L of the city's 10 foot current standard. Um later on the agenda you'll see a code amendment or asking to make the standard 9 ft. Um, so the applicant has asked for these variances in order to accommodate the redevelopment of the site, like I said, with the Dutch Brothers coffee shop with the drive-thru, as well as other required site improvements. Um, it's typical for infill sites, especially small ones like this that are very constrained, um, being buffered on, you know, having three roadway frontages to require variances. Our code, like we've talked about in the past, is designed to

be kind of a green fill um requirement for typical standard size lots that are able to meet those requirements. Um most infill redevelopment projects require usually about five to six or more variances. This one is three. Um, so the applicant has indicated that they're going to make every effort that even in these reduced size buffers that they're asking for to to maximize the installation of landscaping to make the most impactful buffers that they can in that space. Um, and also like I said, this this buffer here along Dunlton does have an additional 50 feet of green space before you're on the actual paved roadway there, which also acts as as as a separation and buffer there.

Um, let's see. So, even with those reduced um buffers, as you can see, as we were looking at the current conditions now, there's really nothing planted there. There's just a handful of existing trees and some some old vi, you know, there's some vines growing on the chain link fence, but there's really nothing else there. So, even with the that reduced buffer, it would it's going to make a pretty significant impact as far as the appearance of of a main entrance way into the city. Um, the applicant is also requesting for approval for 9 foot spaces to accommodate the required number of spaces as well as their operational demands for this use. Um this 9- foot space requirement um is very common throughout other cities in the region. There was a table in the staff report that basically showed that this is a pretty that this is the standard in many other cities around here. Um our city has also approved many master development agreements for PCDs to allow 9 foot spaces and some variances for this over the past 15 years or so. And so we've been able to observe how they function in the real world. Many of our shopping centers have these 9- foot spaces. Um, and so based on that experience over the past 15 years, as well as um engineering standards that are in place, it's this is um in compliance with that and it still provides, you know, plenty of space for your standard passenger vehicle. So if the variance is granted, this will assist with redeveloping this site along Dunlot Avenue, a Dunlong corridor, which is a main entrance into our city in a manner that would improve the overall appearance of the site in this area of town. The staff report also included a detailed review of the variance criteria and based on that review, staff is recommending approval of the variance as requested.

Cool. Thank you. You're welcome. Any questions for Penny? I'm good. Are you uh Bo? Yeah, I have one real quick on the ICD interchange commercial. Mhm. I I don't think I've ever seen that before. It's a standard zoning district that we have. It's one of the conventional zoning districts. We have 17 of them in the city according to your Yeah. So, if you look on the zoning map, which I don't have here in front of me right now, but if you look on the zoning map, it's kind of a maroon red color. It's the darker red color on the zoning map. a lot of the um where BJ's and all that is, a lot of there's there's portions of that area that have that color. Um where Advent Health is. Yeah,

that area has that color on the map. Um so there and then also on the other side of Williamson on Taylor, there's a few properties. It's it's basically on the zoning map right around the interchange along Taylor and Dunlot and kind of there's several parcels right around the interchange that have that zoning. What's the intent of that zoning? I mean, what does it predicate? Is it based on It's just a higher intensity commercial, interchange commercial. So, it's just it allows for some more intense commercial uses that are more typically appropriate around interchanges and maybe wouldn't be appropriate say at a neighborhood scale or a lower level, lower commercial node. Thank you, Daniel.

Um, yeah, one question. Uh probably obvious, but it looks like the driveway on Taylor Branch is not going to be used right now. No, they're closing that's required to be closed off. Um and so they're complying with that and they're closing that off. So that'll be a much safer um design in this area as well. Perfect. Okay. Thank you. Scott, I guess I can't drive my DY to the coffee shop. No. Over the curb. You're good. Yes. Stan, uh, pretty much the same thing. So, you're going to loop in, you're going to loop around the building, come back to the parking lot, and then you're going to go out the same entrance. Yes. On journeys in that you went in on.

Yep. Right here. And that's uh took me a while to figure that out. First of all, I was trying to figure out exactly where is this one guy. Yeah. He drives past it all the time. Uh, one of those days. Uh, right now that's that's good for me. Okay, cool. I have a couple questions. So, uh let's talk about uh uh trees, landscaping, that kind of stuff. We're reducing the width dramatically, but we have a requirement for how many bushes, shrubs, trees need to go in there. Is that

So, so they're obviously not going to be able to plant the quantity that you would normally fit, say, in a 20ft buffer in a 12t space because they just won't survive. Right. Right.

But we're working with them to create an impactful buffer that can fit as much as So we're basically trying to go somewhere between what the requirement is between a 10 and a 20 and get as much in there that will create the biggest impact. So being conscious about the types of trees and shrubs that are used to make the biggest impact, but also make sure that they thrive, that you're not just putting them in for quantity sake and they're not going to survive, right? So, we're working hand in we're working with the um landscape architect right now as they're preparing their initial designs in hopes that this will be approved.

So, so does does the regulations give us that leeway to say, okay, we can't fit the required numbers in there, but we can fit x amount of that in there. Is that flexible? Yes. cuz you're approving when if you approve the smaller buffer then the lesser requirements would apply. Okay. Yeah. So you wouldn't you wouldn't be required to plant the quantities that were required in a 20ft buffer if you approve a smaller size. Mhm. So the closest would be the 10ft buffer but we've asked them to go above that right and try to go somewhere in between 10 and 20.

Right. So if 20 requires four shade trees, four understory in however many shrubs, 30 or something like that, and 10 is two to you know two shade, then we'll say try to fit three per 100 linear feet, you know, type of thing. Like let's try to find them in the in we're going to try to see we don't we don't want to force it in a way that would not make it sustainable, but they're going to they're working to try to to fit as much in that smaller space as possible. Okay. Mhm.

the the uh the reduction along Dunlton Avenue. I I know years ago when they created the the concept of the Dunlton corridor there, they wanted a lot of space from the roadways to where actual uh development occurred. So, we're with we're going to be shortening that down on this particular property. Right.

Yes. However, in this particular property there is where is not which is not the case on other properties like if you go further east from here further east from here you basically just you have the rightway which is not that far off the sidewalk and then it gets right into the property and you get into their 50ft buffer here in this location you've got you still have 50 ft of green space that it's within the rideway that acts as an additional buffer before you get into the private property. So that's why staff felt like that was still enough separation there and right now there's no buffer. I understand that. Yeah.

But we're still cutting into the the what's been desired for basically if we if we if we had we're were forcing them to put what's required as far as buffer buffers the property is not developable. I understand that.

Yeah. I think in the staff report there was a section that kind of went over what would be left. I think it would only leave um 9,790 square ft of area to try to develop with which is nowhere near what anybody you know other properties the average in this zoning district is over 83,000 square feet of developable areas. So it's it it would it would basically render the property undevelopable. But it is theoretical that someday the FD FDOT could come along and say, "Hey, you know what? We're going to widen the lawn and we could take those some of that 50 ft.

I mean, anything could happen, but I don't I think they've made most of the improvements that they're going to make in this area for this interchange. We've we went through that. The improvements are improvements. That's I know everybody would call it an improvement. Um the other questions I've got would be um I know traffic is not part of our decision, but my concern is at one point a portion of Taylor Branch was considered over capacity.

It's labeled as a constrained facility. So it's not it's not an area where we are looking to widen or do anything like that because there's no space for that. And so basically we focus on other types of improvements like right now um the city is working to extend the site this sidewalk here along Taylor Branch Road um through a grant with um with the TPO. So that's that's actually going to probably happen right before you would see something happening on this property. That's that's actively moving forward right now. So we're looking at different types of improvements in and around that area as far as pedestrian mobility and intersection improvements. So long as we're so long as we're helping to fix pieces around there, we're still allowed to operate Taylor branch at a constrained level.

Yeah, it's in our comp plan that's designated as a constrained and we can't widen it or anything like that. And I mean the the ex the prior use on here was a gas station convenience store which is, you know, similar type. This is probably going to be more pass by traffic, you know, on the way to other places. biggest concern. My big I'm sorry to interrupt. Go ahead. My biggest concern is I watch Starbucks there in front of Lowe's and those people are nuts. First of all, I don't know why they they buy that stuff, but they're out on to the to the travel lanes in front of Lowe's for hours every morning and even the in the evenings. And that's my concern here. And I see you've got two lanes, so you're kind of going with with what the Chick-fil-A concept. Let's move them through here. But I'm concerned because we've had the the previous general manager of country and in suites would scream for for hours and and multiple days throughout the schools year about how horrible traffic was down there at Journeys End and Taylor Branch when school was in session and everybody's going through there and and basically stopped.

So are we are we are we exacerbating that issue? I mean we don't we don't have a traffic analysis right now. This is a variance. They haven't submitted a site plan yet. We don't have any of that would be reviewed at the site plan level if this gets approved. You know, um they're right now just doing preliminary looks at how to establish things to get a site plan ready if this gets approved. So, at that level, we have to review it for concurrency and and and functionality of traffic out there. But concurrency still doesn't really it it seems like we kind of we say the word concurrency, but because it's a constrained road already, we just go ahead and ignore that because we're putting money into other

other elements that we're allowed to do by by law, other elements that would help the general area and flow of traffic, right? Not just arbitrary other elements. So they Yeah, I understand. Okay. That's what I had for you. I have another question. Um, is this an owner operated? Uh, I don't have the answer to that. Okay. So, the applicant isn't isn't the operator. Is that Well, the applicant of the variance is the engineer that's that's going to be preparing the plans. Part of my question.

So, the property wasn't just acquired. It wasn't sold. Not not yet. They haven't. No one's closed on it yet. Okay. They want obviously if they don't get the variance they're trying to happen. I'm trying to understand who's building the uh coffee shop. Dutch Brothers, the company, the corporation Dutch Brothers as far as as far as how it's it's okay. The applicant can speak to that as far as like actually running the store. The applicants here and they can speak to that. Okay. because I I'm just trying to understand, you know, why they picked this site knowing all all the constraints that existed there. And, you know, there's a lot to overcome here. A lot of people driving by that site that want to drink coffee.

They want to stay out of the other lane on the other competitors place. Good question, Curry. Um, not really a question, more of a statement about your your traffic issue, which I totally understand. The problem there is I don't think you're gonna have any more traffic during school hours than you already have because of this coffee shop. Um I think actually it might clear it up a little bit because the kids are going to be in the drive-thru instead of on Taylor Branch um getting their coffee in the morning. But I don't think I think you need to know that don't go there till like 1. But but I don't think

Dutch Brothers doesn't want to hear you say that. Dutch brothers don't have enough employees to take us all and the school. But I I truly don't think you're going to have any more traffic constraints than we already have during school hours there. We'll go to Dutch Bros in the summer. Anything else for Penn? All right. Uh the applicant would you like to come up? Good evening. Bob Ziggfus, Ze Development Services, 1201 East Robinson Street in Orlando, Florida. Um, a site that's difficult to redevelop. Um, so there's it's a triangular shaped site, very small as we've talked about here today. I think the staff and thank Penelopey and the staff for putting together that great report. I think it explains a lot in there as I read through it and I'm sure you have too. Um to to kind of uh tag on to what Penelopey said and some of the conversations that have been had um when we talk about the landscaping um one thing the triangular shaped site does for you and I don't know if we can pull Can we pull that site plan back up?

Um you have the leftover pieces in the corners. Um so one of the things we were thinking about as we were starting to um contemplate the landscape plan was if you take a look at those the pieces in the corners you'll see that you have a significant amount of area that can be planted there and those are focal points. Those are intersection locations. So you can really do something good at the intersection. You have plenty of room there. Um I can tell you with the width with the 10 foot and the 12 foot widths and even down to the six foot width that you see in the landscape buffer along Dunlton um typical shade trees can be planted in 8 ft. So in in in that area along um Dunlton I see us in those two corners doing something to really flank either end of the site and do something special there because you've got the narrow width of that six feet. But we'll have no problem with the larger shade trees in the 10 and 12 foot wide buffers. The standard like Orange County for instance, shade trees 8 feet. That's what So 10 10 and 12 feet are good significant areas to get those shade trees into. And then with those corners to flank either end on Dunlong, we feel like we can do something significant for this corner that obviously isn't there today. Um the parking spaces, I could go on and on. Um, one of the main things that's being done is they are mostly and I would tell you take your DY wherever you want to because it can go wherever you want it.

Yeah. Um, and you know take up take part line to line. They'll fit but they take line to line and it's hard to open the doors on them. But you know people are trending tending towards smaller vehicles and really it comes into a lot of the things that are being done in low impact design of storm water management. smaller parking spaces, smaller parking lots, less runoff, those types of things are all coming into play these days in in some of the codes around Central Florida. So, with that, I'll be quiet and let you uh ask me any questions that you might have. I I guess let me speak to traffic a little bit since it was mentioned, right? Um they typically like to see 15 cars in their drive-thru. Uh this particular one has 17. Um you could we've got 17 shown there underneath the drive-thru label that you see on that site plan. Those are cars 16 and 17. So you could actually stack a seven, you know, uh 18, 19 to 20, you'll get up to 20 before you were ever out on a journeys end and trying to block any traffic. So it is a significant number. Um they they do the Chick-fil-A model. They've got the people out there. I guess it was the Chick-fil-A model postco. They they've got the people outside now. So they're out there with iPads, the people that haven't ordered ahead already. They're taking their orders and the throughput, as you've seen, that's why everybody's doing it. Uh we did a Starbucks recently did their first double drive-thru. Popeye's, Chipotle, Small Sliders, all these new concepts coming in are all doing these double drive-throughs because they do they're seen to push the cars through more and get them through there quicker. So, we feel like there is sufficient amount of stacking there as well. Um, and we'll address that as we go forward into the site plan review. So, now I will be quiet and let you ask any questions you might have of me. Stan, start with you.

Um, as I said, we kind of answered a lot of this that there's not going to be any turn into here's off of Taylor Branch Road. The entry will be off of the Journeys End and um, other than that, I mean, you stuck a lot of stuff into a small space and uh, it will definitely be nicer looking than the abandoned AMO station that's been there for a long time. Um, so I I think it'll be a win for the city. Um, and I think you were mentioning there's no sitting in this restaurant. This is

Yes. Thank you for mentioning that. Yeah, there's it's uh the only people inside the restaurant are the employees. Um, there's no indoor seating. So, there is a walk up window where they can park and there, you know, usually seven or eight employees in that building max shift. It's less than a thousand square feet. How many feet? And and let me tell you, they I sit on on the architectural calls because we're doing quite a few of these. They have made good use of that space. Um and so yeah, so they've got enough room that you could have a couple, you know, five, six vehicles there to go and park and use the window if they wanted to. So they do have that walk up that's under that canopy that's on the southeast or southwest side of the building there. Um along Dunl, those are the little three.

That's a canopy. That's a covered canopy. I actually and I I apologize. I thought it was part of the presentation, but we did submit some elevations of what the building does look like, and I can pass that around if you care to look at it. But that that is that is a canopy area, a covered canopy area with a they have a walk up window. Is that I think that clears up for me. That's good.

I honestly I'm be really really happy to have see something there and any landscape buffer around that is going to be better than what is currently not in existence there. I think that corner has been sort of a blight for a pretty long time. Um I think creative use of that narrower space going up along Dunlton can cover any issues there and I don't see that 50 foot wide buffer being impeded on at least not anytime in the near future. Um, and I did a little bit of research just because I they don't always drive a DY, but sometimes it's hard to park and nine feet is kind of where everybody seems to be going. Eight and a half to nine feet typically. I think New Smyrna is the only place

it's 8 and half's a parking garage typically. Yeah. And which is really tight, but 9 by 18 is by far the industry standard on the size of parking stalls. Yeah, that definitely seems like it was common. I don't see any issues that at all. I'm good. Daniel. Um, only thing I'll add is the as an owner of a GMC Yukon, I really hate tight parking spaces. My doors are dinged up. People just Where's Newton? He used to always complain about the parking spaces. So, that's probably my only distaste. Otherwise, I'd love to see this place developed, too. Sure. Thank you, Bo. Yeah. Um, how's the coffee? You know, really good.

It is. There's I've had their coffee. It's It's good. It it's it ranks probably on the upper end of the scale for me. They have they're really well known for I call them milkshakes with espresso in them. So they've got a lot of those types of drinks. Um and they're very popular with the the young crowd. They they've got a following. I call it Bo doesn't know what you're talking similar like a Ben sim like a Ben and Jerry's type of following. You know they've got this underground roots. I'll see you after the meeting. You see how many wines are built in Florida and you're going to see that many dust bros. Those guy have a lot to do with my vote. So

if the coffee is good city abroad samples, it's it's worth a try. I appreciate it. Thank you. Uh look, I this place has been a gas station or an abandoned gas station since I was a kid. And I realize I'm only 25, but since I was a kid, this place has been a disaster. So, I am super super excited. When I opened my packet, I squealled. I am super super excited about this. I know it's a tight space. And can we convince you to also take the gas station spot next to Waffle House? The vape shop. It's a vape shop now.

It was again temporarily. temporarily last long this week. Yeah, um but yeah, I'm super excited about it. I think it will um I think it'll be a great addition to the city and um I can't wait. Great. Thank you. Good. Yeah, my concern's always been just looking at this one is is the the the keeping the Dunlton corridor within the vision of what it was originally done and and they stuck by that rule on a lot of different cases. They wanted to make sure that it it was not a it was not a a granada. Uh they they wanted it to be, you know, a beautiful beautiful route there. Um so long as the landscaping is done right, I'm really comfortable with that.

Yeah, they are committed. They they realize that. I was talking to So the property, this is a lease to the corporation, the corporation will be building it. It is a corporation store. It's not a franchisee. I know that came up as well. Um, and it is a long-term lease with the the person that we're working with that's developing the property for them. Um, and so he we've discussed that with them and they're they're committed to do something really nice there and they're to the point where they've got us, you know, already working on making sure that we put together a plan that's satisfactory. So, I'm sure Penelopey will hold us to that when we come in. We've worked I've worked with her through uh more than a couple of projects. So, I'm sure she'll hold us to that as we come through the plan review process.

I appreciate that. Yeah. Every every lawyer that comes in says that you're going to have to face you're going to have to face Lance and he's going to tell you not to have a Waffle House sign. Yeah. And I am a man of my word. So, yeah. Is there is there a there is an existing Yeah, there is an existing sign that's that's called out there on your site plan right above where it says 12 foot in that highlighted area along D. That's the existing tenant sign there. That's that's the existing sign. Yeah. Is that where you're going to keep the sign? Correct. Okay. Beautiful. Okay. Any other questions? Is that an elevation there that you had? Yes. Yeah, feel free to give it to you. I thought it was I know as part of a package that we submitted. Yeah, I would just pass it around. Pass it around.

Started this mess. Thank you, sir. Appreciate that. Absolutely. Uh, public comment. Anyone in the room that would like to speak to this particular case? Where's Robert? Man, Robert must be home. Where's Robert? Unexped. Yeah. Yeah, he's probably watching live. Yeah, I mentioned Robert. No public comment. We'll bring it back to the commission here. Any comments, discussion, anything else anybody wants to say? Southwest. Good. You're good. You guys are good. Cool. Uh, we'll go ahead and uh take a vote, please, if you could call the role. Stans. All right. Scott, yes. Daniel Malag, yes. Maria Mills, yes. Amy,

yes. Yes. Passes. Congratulations.

All right. Uh moving on to next case. It's uh case number DCAM-24-00002. It's a land development code text amendment in chapter 15. I can get a motion. Motion to approve case number DCAM-24-00002.

Second. Motion in a second. Am I the right? Are we on number six? Nope. We're on number five. Oh, you jump. That's all it is. Jumped ahead. They moved the the text around on these things just to confuse us.

Yeah. Um, this is I'll read it real real quickly here. Request by Lamar Advertising Company to amend the land development code to allow billboard owners to submit a reconstruction agreement for approval. The amendment would allow for the conversion of an existing static billboard sign face to a digital sign face in exchange for the removal of other billboard sign faces within the city of Port Orange. It also amendment also establishes criteria and standards for the placement and operation of reconstructed digital signboard faces. Hi Tim.

Afternoon Tim Burman development. I think everyone was here back in December when this amendment first came before you. Um basically the request at that time was to allow for the billboards to be removed in exchange for removal of sign faces. They could install LED message boards there. At that initial amendment, the um location where those LED signs could be placed on was I95. After the planning commission approved that item before went the city council, the applicant re-evaluated their request and had requested that they also include the ability to reinstall a billboard on um Ridgwood Avenue in addition to the I95 corridor. event. Since that was a change from what the planning commission had initially approved, we had to bring the item back um before the planning commission. So, the request now has been revised to allow for billboards again to be reconstructed or refaced with an LED sign in exchange for the removal of two static sign faces. However, now it allows the option to either reinstall or put an LED sign on both I95 on existing billboards or reconstruct or put on Rididgewood Avenue too. it the other aspects of the code amendment in terms of the criteria for what that LED sign has to be in terms of size um size of it basically the message timing there none of that has changed um same thing with the cleanup items that we had indicated in that staff report then too the only thing that has changed with from the applicant has requested to allow it on either I95 or Avenue and they are here to further discuss their overall request and the change that's being proposed Who wants to start? Maria got a question.

My only question is are these more sturdy and stable during a hurricane? Do we know? I'll let that to the um the billboard company basically discuss that or the applicant for them in terms of the structure. They would be required to anything that would be rebuilt would be required to get a building permit and meet all the applicable building codes there. Um but they can give you a little bit more detail if they build at higher standards and what it does in the storm. Got it. Bo. So the overall objective here is we're actually trying to reduce the number of signs. Objective is reduce number of sign faces within basically Port Orange. There is what this objective their proposed code amendment is. And we're trading out uh upgrades for surrender spaces.

Yeah. The the intent is to get rid of static signs in exchange allow them to do an LED sign then essentially. So every two static signs that are removed, they can do one LED sign. Um there is that that but a trade-off then but it has to be in existing locations. Yes, existing locations of signs. No new locations of signs can propose with this then. So okay, thank you. So yeah, there's multiple locations on ridge on I95 that we indicated that the company owns there then too. Then there's the one location on Ridgewood and that was I think graphic shown in the staff report. Then thanks. Let me let me say something before I get get to you. So this I remember when this came through.

It came through. It went before it got to city council. They said, "Ooh, we want to change it." Yes. It did not go. So it never got to never got to city council. So they had to come back to us and say, "We want to alter this." Because of the changing from what the planning commission had approved. And by sign face, you mean if I have a billboard that has signs on both sides at the top, that's two sign faces. Yes. They see a sign face there. So, so if I replace, if I'm getting it right, if I take that that existing sign, I replace one side of it as a digital, the other side has to go or could go away. It would have to go away. Have to go away or or be blank.

Well, or they could take it away from somewhere else, I assume. So, then all you're left with is essentially the back of a sign. Yes. It be the back of a sign. There would no be billboard on it or no message on it then. Okay. But they've got, like I said, we've put included some pictures in the staff report of examples of what they were doing. I think basically all of them were basically be one phase forward then and they've got some um more pictures to kind of show what they're proposing to do um if this item would be approved. Right. Daniel, sorry about that. Um so in that existing spot, there's four billboards today. Yes.

So if we took down those four, we could put two on the front here or one on either side. Is that proposal? basically their proposal. Yeah, I think if they took the four down then you could reconstruct one with basically back to back then the location because on that then per the proposed a pro proposal before you today.

Okay. Yeah. I remember this coming by in December and I was really excited and I've actually I live right next to here and I've been waiting for this sign to come down and disappointed it still hasn't. But um I I I don't know. the the city's trying to revitalize Rididgewood Avenue and this is a really ugly spot and I don't think these billboards help much. So I don't know. Um so the top one be LED and it looks like it's going to be a second elevation high. Is that from the image I see here that's the proposal is that's going to be the bottom one will be removed and be moved to the top. you they can do whatever they want

based on I believe on the rendering they surprised they can kind of discuss more about it was basically it seemed like the entire structure would come down and a new one would be built up there with that one sign facing I think the northbound traffic there so I gota gotcha okay so the applicant has the graphics to go over that then you were going to ask him about the sound systems they're putting on it did you sound systems god I hope not maybe I misunderstood you good for now I'm done with my comments yesterday, Scott.

Um, so I I don't know if this is even the right place for this. My concern about the US one area is the brightness of the LED signs. If you drive up through, say, South Daytona, they've got a couple of those where you go in front of was it the old Sunshine Park Mall where you can see the red LED sign from the river on a boat at 10:00 at night as if there was a fire in the parking lot. Um I I'm a little concerned for the neighbors in the surrounding area if that level of brightness is something that and I don't know if that's something that goes into the

Yeah, regardless of where it would go I95 or Rididgewood, there are specifications regarding the the brightness basically to ensure that compatibility with the neighboring properties. Yes. Yeah. 95 didn't bother me nearly as much, but if you're going to go around people who may have houses there, I just thought the the regulations the the the one that's at uh on the east side of the bridge falls under the regulations, right? Yeah, there's Yeah, there's the exact resolution mirrored similar to that one then.

That was my only question. So, basically what this amendment is doing in the in the original that was presented us back in December, um we were just saying, okay, you can take one down and then you have to work to remove all the signs, the flat signs in Port Orange. But now we're saying uh we can put up one LED and then we'll have to remove two of the flat signs. No, back in December, it was basically take two of the flat static signs down in exchange for the basically reconfiguring repurposing one with LED. And that is still the same request here. The only change is is that instead of basically only be able to do them on billboards that are on 95,

this would allow them to do it either on I95 or at that one location in Ridgewood. That's the only change from the their request. All right. I had it in my head that it was it was kind of uh constraining how many they were going to have to take down, but not the ratio did not change. It's just more basically the location where they could be um repurposed. Then it's what's being changed with this initial or this proposal here. But they only own four in the city, right? Within the city. I believe there's four on 95 and then I think the two the one on Ridgewood and then of course the LED one that's on the other side of the bridge then which is not part of this discussion at all. Gotcha. Yeah. I know they didn't have half. Okay.

They basically came back and said, "Oh, we have four more we need to deal with, but we'll let the applicants." Thanks, Tim. Appreciate it. Applicant, if you'd like to come forward here. Yes, sir. Uh, yeah, you. So, I just hit that one. I don't I'm not going to do it yet. I'm old school. I'm going to pass out. I sure can. Felt like Penny just had a don't touch my computer panic. He was drunk across. Oh, you just leave that on there and then I'm going to have to feel like I'm in school at the beginning. Just the opening page.

Yeah, look at Josh Wagner on there. Okay. Happy to be here, guys. Rob Merrell with One Daytona Boulevard. Um, I've been appearing before this body for almost 40 years. Um, a long time.

This is the first time that I've u appeared with egg on my face. So, uh, maybe not, but this is the one only one I can remember. So, back in December, um, I simply forgot about the US one sign needing to the importance of it to the company. Um, Peter is going to get up and tell you a little bit about Lamar's. I think it's important that you know the people you're dealing with here. Um, you know, they're good corporate citizens. They've done a lot, not just for Port Orange, but for the surrounding area. And he'll have something to say about that and hopefully be helpful to you. But I'll say that this is a simple matter of me not recognizing the importance of that US1 sign to them as a company. Um, for those of you who have been around here a while, you might remember when US1 was a was a major north south artery before 95 got built in the late 60s all the way to Miami. Um, and and even since then, I mean, I think, you know, when I travel when you're on the north side of the inlet and you're going to New Simra back and forth, I usually use US1. So, it's it is a heavily traveled part of of our our road system. And so, that's why it's important to the company. Of course, the the proposal that you see in front of you, if you look at those first two pages, the reason why I blew them up, I know there's a smaller picture of it because you mentioned how much you didn't like those existing signs. I blew them up just so you can see them. This is a Google Earth image that I just blew up. The first one is the northbound sign. My friend Paul Rice is on there. And but one thing you'll see with these signs is these are mostly local people that advertise with the billboards with Lamar. You see my lawyer doo friend down there too also local guy on the southbound. Um so these are the existing signs that are going to be removed. Um and and what I failed to to explain to you back in December was if you look at the third page actually what that shows you is the the the southbound. So the back of it is going to be basically camouflaged.

We could do two, I guess, based on the ratio exchange, but I can tell you that the objective is for one of the 95 billboards to convert, one of the Lamar's billboards to convert to digital. Um, and I think you guys have seen, we talked about this in December, the idea that digital has now become very accepted. It's aesthetically pleasing. As long as you abide by the the brightness characteristics and the and the requirements, it doesn't cause anybody any any concern or problem. And then if you look at the uh the northbound on the next page that kind I don't know why we have this big thing on the left side but the right side is the actual um is the uh the replacement for what was there before. So what you see on the first two pages is what's there now. What you see on this third page and the previous one is what would be there based on this proposal. So I I think it's a significant um uh and then and then I also included the couple of the examples of what 95 would look like with the digital on on the last two pages. But what you what you're getting here is a significant improvement in terms of it doesn't eliminate all of the non995 billboards. There will be one still on US1. That's kind of what it comes down to here. That's the thing that changed. I messed up. Didn't tell you about it. I just didn't know about it. And then soon as I got a hold of Peter over here, um he told me what was really supposed to happen and here we are. So wi with that I I instead of answering questions for you guys, I'd like for Peter to get up. He's got a nice little presentation and then we'll both be available to answer any questions that you guys have for us. Okay.

You coming up too? And this is Ben also with Yeah. Just state your names and and and address for us for the record.

Yeah. Peter Castanza. Uh address is 278 Clubhouse Boulevard, New Samurai Beach. Resident for um Valuchia County, 11 years. Uh good good evening. I just we put a PowerPoint presentation together. Uh a little about Lamar, who we are. Yeah, sure you see our signs. We don't have that many in Port Orange where we have less than uh than uh 10. Uh but our commitment to uh to our communities to Lucia County uh our commitment innovation. Lamar's changed over the years. Lamar's 123 year old company. current 23 years. Lucia County, we're going on uh almost 60 years in this county. Uh and let's see here.

They Penny said turn here. Uh so Lamar really runs like a a family business. We've never Yeah, we're a big corporation, but we're really they let the manager, which is me in the in in uh the East Coast, kind of run it like a family business. Get involved, spend the money with chambers, so on so forth, which obviously we're involved in a lot of chambers, including Port Orange. Uh this just Lamar started in 1902 in Pensacola, Florida. Small little billboard company. Uh something that that uh Maria said uh safety's first with Lamar uh we we in terms of let's face it we're in the hurricane Florida's big with hurricane so on so forth the sign that we have there currently on us actually both on 95 and and on US1 they're I-beam structures uh they're you know grandfathered in right now they've been up there 50 years I think that one's 1981 the the oldest lease that we saw on the one on US one. But safety's first for us and we and the signs are are over 150 mph in terms of uh wind because we have to in terms of city state codes. Lamar has over 160,000 signs across the whole country. Uh let me see arrow. Lamar has a long history of public service. And what what's public service? public services. We just put things on the billboard, especially digital obviously is really important. We we do public messaging a lot. And when we when I came here in 2014, the deal that we had prior because it was a hurricane that involved the billboard that we have on the Dunlatin Bridge that we put up right in the bottom. That particular billboard is a backtoback digital. Uh, and I know there

was a deal done with Port Orange and on so forth. And I' I've had I've been here 11 years. I haven't heard one complaint. I had one complaint, I'm sorry, with the neighbor behind us because it it sits directly behind a neighbor. They said, I think Tim might have called me. He said, "What's going on?" They can see the back of the billboard. I go, "Tim, I can take care of that. I'll put a picture of a of a of a crane or pelican." And I did that because they looked at the gaudy metal and stuff, and we put a nice picture there. Uh this just talks about Lamar in terms of uh how big we are and so I don't really want to talk about that but in Lucia County have about 500 billboards in this area. Uh my territory that I run as a manager from Jacksonville all the way to a Palm Bay. Uh but the bulk of mine is Valuchia County. in Valuchia County. I do have uh uh currently in Valuchia County have I have 16 digitals currently and two of them are in Port Orange. Uh this is a picture of the the bridge that if you look if you go if you go east that's where our billboard is as everybody sees it's down there. something that that we don't that you probably know about, but every year we give you guys six weeks. Uh the city of Port Orange Fourth of July is spectacular you guys do down. We just did that. Uh the mayor's golf tournament at Cypress said, we put that billboard up. Uh uh the rock the rock the park arts festival for Port Orange. We did that. But you guys get six weeks the Halloween festival that you guys do at city center park. So we give uh six weeks to you donated space. Uh and also we're incorporated with FBI. We participate in the uh the FBI program that we donate billboards when as as along the interstate. You see the state is even got little billboards when

there's they want to put a license plate. It's you know a kidnap so on so forth kidnap it happened. We do the same thing with uh the FBI. It uh we and it runs con and that runs across depending on the state, the area. We we we can we put them on as many billboards we do and it runs three days, one day, all depends if they catch them or not and how long FBI kind of controls it for us. Uh, as we all know about the Dexter's Law, I just did a big campaign free public service for the Dexter's Law as we all know what happened regards to that. Uh, but we put I put like seven billboards along Blushe County regarding the abuse of animals. And then as you if anybody recall remember our fallen hero that was in Owen Beach uh the police that uh Robert and Michael uh again another public service that we did truly it was a space that we donated in terms of a kidney within I think it was three months we put this up we saved uh uh this lady's life and it was a whole story about how it happened and so on so forth. uh Amber Alerts, very similar to FBI, but we have Amber Alerts all the time uh that we run uh you know the during the Louisiana floods, we did that uh when Azie, what's great is with digital billboards is when someone passes away, Lamar's big on, they send us a notice saying, "Hey, put this up right away. Whoever dies, we put it up just to give notice." You know, billboards work, right? Uh, this is a great billboard. I love this billboard with FEMA. We work with FEMA here. And I wanted to show you how we had this ad regarding the uh during a hurricane. This is two billboards that were there. That one is taken down is

because during hurricanes, we take down the vinyls because if not, they rip to shreds and they'll end up in the middle of the street. So on so forth. If you look the digital there is still standing. We run messaging about within like 72 depending on when the hurricane hits but we run all our messes when hurricane hits. We did it on the Dunl bridge the last hurricane for the 48 hours pri where to go I 95's open direct traffic digital billboards uh and so on so forth uh that's just a this is regards a case study regarding digital technology. I know there was a message uh you about the brightness uh the brightness, believe it or not, we have it set so when if depending how it's angled, you don't see the sides. You can be on the side of the billboard and you won't even see it. It will be black to you. So, it's very hard unless that house is in front of you. You're not you're not going to it's not going to be in the direction of any houses. And this particular the one on 95, the one on US one, there's no houses there. I know there's some houses in the back, but they won't have no effect on it the way we angle it and so on so forth. Just like the Dunl bridge one. Uh the uh digital billboard safety just talks about, you know, it's just facts about, you know, they don't create more accidents. You know, is it a myth? And you know, people would go against us and we this talked about what state and local governments have reviewed the accident reports and it does not create uh more actions. actually the the having the light depending on where it's at sometimes bring lightness to the area that's facing the the roadways. Uh just Lamar and our community. Uh this is I kind of talked about it before but Lamar gives six weeks a year on the Dant Bridge and it's strictly city of Port

Orange public service messaging regarding any events that that you guys have. You get six weeks of that. Uh, and this is the picture that what it would look like. I think uh Rob hunted it, but that's the one that on 95 what it would look like. And I think the next one I'm sorry, go back and it's that one. And then uh you know we run like I was talking about uh emergency alerts, EA gas programs, Amber Alerts, FEMA, we talked about FBI uh emergency management, we work with emergency management, we work with Seminal County constantly uh all the time with them. Uh it's just where our office is in Daytona Beach. I think that's it. Right. Any questions? Hopefully I can answer.

Stan. Uh, yeah. No more questions here. Scott, I'm good, sir. Daniel, no questions. Hello. Digital signs during a hurricane, how susceptible are they to blowing down or 170? I think it's 175 miles an hour. Is that right? 175. Uh, and what's important about the digital, they're always one monopole. If you look at the billboards now, they're antiquated. the ones that are older you see on 95 you see on uh the one on on on US one

uh they're anequate that's why we're updating and making them a little prettier I know this one we're going to do some flowers in the back of it I wanted to put two dishes on the back to back but I think based on our criteria I I think I can't because the the ratio I I'm very limited in the signs I have is not going to grow anymore based on the criteria of the ordinance and in uh in in the city of Port Orange. So, we're limited what we have and uh we're reducing just the I know Rob mentioned but the sign on US1 it's of those four signs it's about 1100 it's 1100 square feet we're reducing down with one side down to 380 ft. It's a significant number there. Uh and all I know Rob took up my thunder there but he said uh we're 80% or higher in terms of local business. That's what I I I cherish that on because it's not your Coca-Cas. It's not your national business. It's 80% your local state farms, your local people that are in that are in law, you know, lawyers. But I, you know, it's all it's literally 80%. And that's not a fictitious match, a true that's one of the reasons why I moved here uh because I wanted more control. I wanted to work in a local area. I ran New York City for 10 years and that was a national market. I ran the biggest billboard company in the country for 10.

That was the reason you moved here because the water wasn't the water. It was the water. It was the water. It was the water. And uh and I actually bought a house in Port Orange, too. But uh but uh but port uh it's the water. But uh I love the local advertising. I love talking to the local people, not the national people. And and that's important. Yeah, we got a lot of lo people here. I know you're a trans a lot of trees in the forest. Everybody that meets from Michigan, Ohio. I I'm born and raised. Yeah. Any comments for uh No, I'm good.

Oh, I'm good. Thank you very much, gentlemen. We appreciate it. Any public comment? Anyone wish to speak to this one? Seeing none, we'll bring it back to the commission. We have any comments, questions, ideas, anything you want to mention. I assume you're ready to vote. If you'll please call the role. Stan Schmidt, yes. Scott Stagger, yes. Daniel Malagol, Epstein. Maret, yes. Fam, yes. Tom, yes. Thank you guys. Thank you very much. All right. Um,

penny penny penny. Moving on to our next case. Case is going to be number reszoning 25-00004. Can I get a motion, please? So I move to approve case number DCAM 25-00004.

Okay, that one. We know. I'll second. We have a motion in a second. Okay. This is an administrative resoning for 12 properties located on the east side of the city of Port Orange, generally east of Spruce Creek Road. Proposed resonings are to presolve in zoning inconsistencies, bring the properties into compliance with the city's comprehensive plan, and ensure consistency with the surrounding zoning patterns as well as a historic andor current use of the property. Oh, cruise planning. Well, you just did my whole presentation. That's it. We can move on. If you read your packet, it's time to vote.

I mean, basically that's what that's what it is. Um, I was going to actually say we revised it to east of Nova because we we did at the end add this one the one property down on Devon Street which the city more recently purchased to put a new lift station there. So that's why we're saying east of Nova now instead of Spruce Creek. Most of them are east of Spruce Creek. But um it does include 12 properties and it is all of this is to address zoning um inconsistency. So staff has prepared this to ensure compliance with the city's future land use map, consistency with the surrounding area, as well as the historic or intended use of the property. So there's four properties proposed to be reszoned to neighborhood preservation, and all of those have historically been developed with a single family home. You can kind of see the two pictures down at the bottom. There's the three houses on Jefferson, which one of them we did one to make four last month, um, and another one on Fleming. And then um there's two properties on off on Dunlton that are proposed to go to office residential transition. That's to be consistency with the future land use map. The future land use has them as office residential transition and the zoning was for single family. So that just didn't make sense on Dunl and in that area. Um and then there's six properties that are city-owned that are proposed to go to government public use and most of those are either currently developed. Um, so the picture up at the top left shows about four of them. Four. Four of them. Yeah. So, both of those ponds encompass four of the six properties that are being reszoned to government public use. Right now, they've got like an old PCD and some multif family zoning on them, but they've been a pond for a while. And then the one over to the upper right, that's the Devon Street property that was recently, you know, purchased to put a lift station. There used to be an old house there that had flooded. Um and then the the the sixth one is right next to the train depot park where we purchased that property on Harbor Street to expand the train train depot park.

Oh, okay. Um so with that, you know, we're just proposing to change these two properties. Um all the details as far as, you know, the addresses, what they are now, what they're going to are in tables in the staff report. There's also um three exhibits that that lay out the properties. There's 11 by7 maps where you can get some you zoom in and and take a look at those there in the staff report. So staff's here just to answer any questions you may have about that. Obviously recommending approval. Cool. Thank you. Uh Maria, uh no questions. Oh, sorry. You good, Daniel? Nope. Right at all. Thank you, Scott. I'm good. Stan, are the ones on Jefferson? Are they in the same position that that one was a couple months ago or they're trying to get more?

They're not currently in the grant program. They they have the potential to in the future, but as of today, they're not currently because they had to do this to get into That's why that one we moved forward fast because they were actively in, you know, working on a grant process. Yep. And the Fleming Avenue, that's the same. It's also a single family home. Um there there is actually another property adjacent to it that we were hoping to incorporate as well. It's another right right next door. But obviously, you know, we don't reszone properties without owner authorization. That particular owner decided they didn't want to be part of it, so we left it alone. Um, but yes, the the Fleming one is a historic single family home that had Bridgewood Development zoning on it. Okay.

Side question. The Devon Street property that was bought and and the house removed, is that going to be improved as far as Yes. Yeah, that's that's an old that's the current Google image that's there. I didn't have a chance to get like a current picture, but yeah, they're going to building a lift lift station there, so it'll look like most city lift station properties. It'll have grass in the fence. Just curious about that. The only thing I noticed was on your exhibit one was the name of the city that said the last four. I was going to mention that. Scrier's error there. Oh, yeah. Sorry about that. Spell check didn't catch it. What was that? Uh, it would be on page five. Last page there. Last four lines. It says city of Port or Orange. Oh, orange. Orange.

Oh my goodness. Sorry about that. Thank you. Got that corrected. Well, we didn't buy all the letters. You can get a It hasn't been reszoned for that yet. Great. Any question? Any other questions for Penny? You're good with that? Uh, thank you very much. On the Roselle property and that parcel, is there any plans to build anything there? Because it looks like there's a house there now that's just dilapated.

No, there's there's nothing there. It's it's pretty much vacant. Um, we've talked to the property owner there. There's nothing under review right now. The there's two brothers that own the larger triangle piece and they do want to eventually develop it, but nothing right now. And then there's somebody who owns the little one that's working with them. um that wants to do a um a veterans memorial in that area. Okay, cool. Thank you. Anything else? You good? Good. All right. Thank you. Uh anything from the public? Any comments from the public? I see none. Bring it back to the commission. If no other comments, assume you're ready to vote. Please call the role. Stan Schmidt. I stagger. Yes.

Daniel Migle, yes. Mary Bill, yes. Billy, yes. Yes, that passes. Moving on to our last item of business here today is LDC another land development code text amendment for multiple chapters DCAM-25-00003. Can I get a motion for approval? Motion to approve DCAM-25-00003. Second. We have a motion and a second. I'm not going to uh steal your thunder by reading it all. So,

all right. Jam do some work today. Tim Burman Community Development. Yeah, this is a um kind of administrative LDC text amendment. There was some recent um Senate bill, House Bill that got adopted that we have to make a change. And while we're bringing that forward, there's a couple of um smaller items here that we wanted to address in terms of the code and make it more efficient then. So, there are four items here. The uh first one is regarding um signs um not billboards uh but basically the um individual business signs there. We currently allow the commercial businesses or multi-tenant complexes to have the LED sign. Right now the code requires a 60-second um display time. Since we pretty much put that in, we've been getting questions about the number and reducing that there so they can have more advertisement on there for tenants and also specials. Um, and as we've started looking around with other cities here, for the most part, we were one of the ones that had the largest time frame of 60 seconds, while a lot of the other cities raved between 15 to 10 seconds. Then, um, something else that kind of came up is that the Culver's on Dunlton Avenue for about a year had their LED sign running about 10 seconds. Um, and we were working with them to get that resolved with code enforcement and we never got any complaints from anyone about that 10 seconds and they asked the same thing. And we're like, yeah, valid point then. But I think once you look at those signs because mostly those LED signs are on your larger corridors where you're basically have the 45 to 50 mph speed limits there that 10 seconds is basically you know the cars go by before it really changes there in terms of that then. So the um thought was basically to allow that to um be there because a lot of to with the newer technologies the uh LED the commercial business that go with the LED signs they're getting more improved signs. They're not as clunky as before and bulky. They're more streamlined. So, and we do get quite a bit of people interested in doing those signs, but once they see that 60-second time frame, they kind of shy away from that then. So, this proposed amendment is really to kind of shure us up with what other municipalities do and really across the country there. Um, we looked at, you know, safety standards and that

time frame that we've suggested 10 seconds is well within there that studied them. Um, and then based off of where our code only allows those signs to go, commercial properties on your main corridor, we're recommending to basically um, adopt the 10-second um, minimum or minimum for the display time. The second item is we kind of discussed this quite a bit. Um, I wish the engineer from Dutch Brothers had stayed here to help me present there on the parking space size, but you know, as Penny and I were writing the um, variance here for this and we're like, well, just get the old go get the staff report from that one that we did before and we'll just copy and paste it. And it's like, okay, how many times have we done this before? It gets approved. And when we start look at the other cities and that table been we've had this table for like 15 years and it's always been that way. And I think, you know, once we started looking at terms of what Port Orange has in terms of we are really in the redevelopment stage there and infill development, we're not like large tracks of land where basically targets and stuff like that are coming here then. So the thought was basically is let's go ahead and do 9 foot. That way basically we're more consistent with what's around there. Also too, that will help us in redevelopment efforts moving forward there. Um, I understand too with the the larger truck it is, you know, that's why when my kids hate when we take the truck out to the store because they know they're parking at the far end of the parking lot and they're walking in. They like it when we take the car because we park a little bit closer there because I don't mind that then. But I think that's kind of the, you know, the scenario is like they said, smaller cars come in there and, you know, more pro the to the outskirts of the parking lot for the bigger trucks than and kind of walk in then. But the proposal is to go with nine foot wide spaces. Um again like Penny reiterated in her report there too a lot of the project we've approved she kind of rattled off quite a few of them there we've seen no you know issues with the parking manability there then so we feel you know this is a change for the betterment of redevelopment and being consistent with other cities and municipalities the last or the third one is a um a code amendment basically for a setback currently elevated um wooden decks are required to meet this ratio of 5 foot

setback plus 2 ft feet for every 1 foot above grade there. So like an elevated deck that's 10t tall requires a 23 foot 23T side setback. But if you wanted to build a addition on your home and your side setback for your zone district was 7 and 1/2 ft and then put a deck on top of that 7 and 1/2 ft would be the requirement then. So the thought was basically is to revise this so it's more consistent with other setbacks in our code which will state is either equal to that side step setback for the principal structure or the rear setback or keep that formula whichever is less than. Um we do get quite a few people especially on Riverside Drive looking to do decks um that are elevated there um in their property and you know a lot of times that side setback and the rear setback they can't do that then and they kind of you know their question is like so I can do addition on my house I could do all these things but not the deck then it's like we kind of have to say yes that's the case the code so this is kind of shed up with other setbacks that we already have an existing in the port orange there and also too in general in terms of other types of additions that could be put on your house So um this is just another you know amendment there. We feel like the setbacks would make sure there's sufficient spacing between and um is consistent with what the structures around there would be spaced out there. There would be no you know encroachment into side setbacks or rear setbacks. Then the last one is a um amendment that's really generated from the passing of Senate Bill 784 that states that the approval for subdivision plats and replats is to be administrative approval process and no longer required to go before a public hearing process for approval then.

So um that's the requirement to go forward. So, we're trying to align our code um with that in terms of removing the requirements in there saying that it has to go to planning commission and city council for approval. Um and then also two, the state statute or the statute requires us to designate a city staff member to be the person who approves those plats. Um so, and that this code amendment does designate that person for the approval of the plats moving forward. Then again, that was not a code amendment that we wanted to prepare or thought this is a good idea. is more of a state mandate that we had to follow and we're trying to update our code to align with what those requirements are.

So those are the four code amendments that we've got proposed in here to answer any questions. Um staff's recommendation is approval on all four of them. Who would that person be here for the approval for the this community devel?

Oh, sorry. No question. Oh, you have any other questions? Daniel, so on this torch or or or deck one? Yes. Where did this formula come from? Because it seems very specific. Um, what was it? It It's been there for over 21 years, right? Because when I first started trying to figure that out was I got it messed up a couple times. It it seems like somebody's trying to account for something falling into the neighbor's property or maybe looking into the neighbor's yard from your elevated deck. Yeah, maybe.

Right. But like I said, you know, we've get people that basically build, you know, the screen room or the, you know, a covered porch with a deck on top, you know, there then it's just kind of that, you know, we've had similar there then. So, it's kind of like why can't I do this one type of improvement, but not the same, you know, other type of improvement then. And you know even too some of the projects where they had they want to have like a four or five foot elevated deck too. It's just not the you know 10 foot. Those are also running an issue on some of your smaller lots too. So it's just not so much the 10 foot one. It's you know anything that kind of really above one foot above grade we see a little bit you know issues it runs into with.

So like Scott said it may be elevation above a fence seeing into your neighbor's property. I guess that's probably one thing. I'm just trying to think all the ramifications if we approve this. Somebody put a lot of time and effort into this and I'm not sure why and I'd like to know what the reason was that they went through all this effort to do the other cities for the most part when you look at their sepex for the elevated structure again we look through theirs theirs is you know either a standard you know 5 to 10 foot then or equivalent to what the sideyard and or the rear setback is for the principal structure that really I was thinking if I could build a twotory extension and look out the window how is that different from having a deck So to your point,

does it really make any difference if I can build an extension of my house right up in that same setback? And most likely too when the houses are constructed for the most part in Port Orange here, they're all in line with each other then. So it's not like we have the staggered back and forth then um that you'd be in the backyard and you know most of them are putting in rear yards anyways then on that one. So you kind of be looking out the the rear yard side then. My guess is looking at it in somebody else's pool. Maybe I should have looked this up more because I didn't pay that close attention to this earlier. I meant to you good? Yeah, I think so. Thank you, Tim. I'm good. Dan, you're good.

Yeah. My only question, so on that last one, the subdivision plat any any new plat or any replat doesn't come here. Doesn't come with planning commission. It just goes to the designated official who can approve it. Now, we still review them per the code just as we would review it before it comes before you. And I think for the most part, every time we bring a plat before you, we state it has met all the requirements of land development code then. Yeah. So, it's not that anything differs in terms of the process for removing it or reviewing it or the statutes that they have in terms of preparing it, a third party signature.

Um, also too, if there's a variance requested regarding the subdivision itself, then that still has to come before the planning commission on that. So I think you know we had one for the shops at summer or shops at summer trees plaza um recently here that we had to do a setback or a variance for basically the setback of the building so that can move forward there. This does not change that. You would still have to see that setback and approve that setback and then if you approved it then it met or other criteria then staff would approve the plot then. Yeah that's really the key. changes beyond what the rules say, what the code states public. Yeah, that still is in the in there then. So, good good cool.

I think they indicated more of a, you know, efficiency, you know, if with the state applies to the state of Florida, there's could be three or four cities that basically just dragged their feet in doing that then and that's what dragged code in to make the change and then we all have to follow it then. Got it. Senate, I don't think we have a choice. Yeah. No, we don't. I just wanted to understand the process, make sure that it was clear how it Yeah. As long as it's meeting our current code, it can be done. Mr. If there's any deviations, they still come before the planning commission and or to city council if necessary. Yep. Thank you. Any other comments, questions? Yeah, 9 ft. I want a foot. Sorry. Thank you, Tim. No problem. Any public comment on this case?

That's just the minimum size. If people, you know, developers want to develop more 10, you know, wider than nine, we have stuff that prevents that then. Of course. Of course. So, we'll get some designated spots for you. All right. Thanks. Okay. Any public comment? Seeing none. The ghost of yell a little louder. Yeah, I know. Bring it back up. He'll call the role, please, on this one. Stan, yes. Scott Stagger, yes. Daniel Malagol, yes. Mario, yes. Boamy, yes. Thomas Jordan, yes. Passes. Thank you very much. Moving into other business. Commissioner comments. Stan, nothing. Scott, can we do something about the heat? Other than that, I'm good. I want to make air conditioner head

like all of outside. That's right. Danger. I was going to say the same thing, Bo. Uh the only thing I have is could you make these uh amendments a little bit larger the u uh to be read so we can see them clearly? You mean large print? Yeah, large print. You have reading glasses on your shirt. Yeah, but you know they Maria, what do you think? Thanks. Uh, nothing. Great job by staff as usual. Yeah, thank you. I'm good. Good. Everybody have have a cool rest of the week. Uh, staff comments. Anything for us? Sure. All right.

Public. Any public comments? Seeing none. Call this meeting to an end for adjourn. Motion. Motion to adjurnn. There you go. Thank you very much.