Planning Commission - Regular Meeting

meeting of the planning commission order for June 26. Start with the pledge of allegiance. I pledge algiance 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. Amen. Madam clerk, if you'll call the role for us. Stan. Stan. Stan. Hell yeah. Sure. Scott, I'm here. Tennygo here. Here. Boby, I'm here. Tom, I'm here. Thank you very much. I was complaining about being stuck inside the flag during the play. Let's move on to consideration of the minutes from our two week two months ago, right? Move to approve. Make second. Voted a motion. Maria seconded it. All those in favor signify by saying I. I. Those opposed, nay. Motion carries. All right. Moving on to the first item uh business tonight uh which is case number DCAM-25-00001. It's a uh land development code amendment. Penny. Yes. Uh good evening. Make a motion to approve case number DC-25-00001 LDC text amendment chapter 16 homebased businesses. Second. A motion and a second. Now that curious planning. I wasn't sure if you were changing the way you were doing things or what. Well, you we're waiting for you to make a motion. What a slap. It would have been slapped by legal counsel to change that up. So, this is really just a cleanup amendment. Um Florida statutes that regulates homebased business was um revised and um basically kind of limits um what local governments can do as far as regulation of homebased businesses. And so, this is

just an amendment to our code to bring our code into compliance with Florida statutes. Um the the exhibit and the staff report kind of go over what we're still able to regulate um as far as like we can still collect business tax and we can still restrict the number of employees who work in a business that don't live there. Um we can regulate the storage of heavy equipment and traffic um making sure it's not more than your regular, you know, residential traffic and the character of the residential area and things like that. Um any kind of hazardous or noxious things. But um other than that um the other restrictions that we used to have as far as like specific type of uses and stuff like that um we cannot regulate that anymore. So this is really just a cleanup amendment to bring us into compliance. Any questions? Another one of state telling us what we can't do. That's right. We're used to it. Bear with Maria. Um nope. The only hazardous material in my homebased business is me. So I'm good. Daniel, no question. Oh, I I have so many questions after reading through this, but understanding that this has precipitated down. Yes. And it's not our language. We don't have a Yeah. Yeah. I see so many problems. Yeah. In this I I just That's my only comment. Yeah. Our unfortunately our hands are tied. Yep. Very typical. Scott. Uh, other than the fact that the first word on the first page is beauty and not be a ty, that just grabbed my eye as I went past it, but no, I have I caught that after it was published. Similar. I hate state preeemption and and I feel local government is the best government, but no issues. I thought it was beady. You should I'm like I'm not sure what that kind of business is, but beyond. We should probably ban that. You're good then. You're up, Stan? Yes, I'm good. Thank no questions. All righty. I have no questions. I agree.

It's the state bringing stuff down on us and we have no choice. So, uh, any other comment up here? Public comment. Robert, come on up. You only got three minutes. Robert, say all the things we were thinking. letter. Robert Ryan Hicken, 1425 Dexter Drive, Port Orange. My comment has to do with it talks about HOAs says that doesn't uh impact HOA regulations or requirements. And so I guess my question is can can the local neighborhood uh even if there's no common area can they create an HOA and then drive somebody out of their neighborhood. Thank you for having the business. Yeah. I mean because if if HOAs can make regulations and say no businesses, somebody starts a business and then or or somebody starts a business and neighbors don't like it, they can can they create an HOA and get rid of that? It's interesting question. Bennett, you want to talk about that or is it not really I was going to say I think they have to apply by uh abide by the state regulations as well. I would be Oh, that would be question. Tim Burman development. That would be more of a question be private there between an HOA and a property owner. We would just enforce our rules. HO rules we don't enforce, nor do we tell them what rules to make there. So that would be more of a private discussion to have between the HOA and the property owner. Right. There you go. Very cool. Anything else, Robert? Good. Anybody else here on the podium, Dave? No. If not, I assume you're ready to vote. If you'll call the role on the motion that was seconded. Appreciate

that. Stan Schmidt, yes. Scott Stagger, yes. Daniel Malagol, yes. Mary Mill, yes. FY, yes. Tom Jordan, yes. Thank you very much. That passes. Moving on to the next item here is uh case number DCAM-25-00002, which is another land development code amendment. Um, we can make a motion. Make a motion to approve case number DCAM-25-00002 LDC amendment chapter 20. Second. Tim Bourbon, community development. As we've had a number of items before you in terms of the code amendments to the economic incentive portion of our code here. This is another one here. This just opens up the ability for developers in targeted businesses, specifically the Riverwalk area and Eastport, to ask for some assistance in terms of developing their sites. Um before the code just spoke regarding possible with wetland mitigation. Um however there are a number of other state and county permits that come through here that um we have mitigation that's associated with such as tree mitigation go for tortoise relocation. So what this code amendment does it allows those as options for a developer to come before the city and request through an economic incentive agreement. This language does not change the economic incentive agreement process. It still has to go before council and they ultimately vote on this. All this does is allow give another option in the code for them to request to move forward then. So staff is recommending approval and this is generally consistent with what we've done in the past and trying to allow for provide as many options as we can for development specifically within Eastport and Riverwalk areas then of our CRAAS. Cool. Start with St. Any questions Tim? Uh so basically just these ones highlighted in yellow is the only thing you really changed. The only thing we changed on on that then before before the code originally had wetland mitigation in there previously and basically since it was very specific, we're just trying to broaden it up there

to allow for different types of um mitigation that could come available or could come up when we're trying to develop those sites in the redevelopment areas mainly. Good. I'm not going to start any more trouble. Okay, Scott, I'm also not going to start any more trouble. No, I'm good. Bo um I don't know if this is a valid question or not but CRAAS that are created um just from you know general knowledge who makes those decisions about CRA isn't it typically for a redevelopment area and redevelopment to me means something that needs improvement or is subject to improvement. Yeah, the CRA is for redevelopment and our CRA plan basically states that the CRA can give incentives based on what our land development code says. So in order to be compliant with our CRA plan, we're amending our code to allow those options. So they could be possibly in the CRA. Again, this could also be for properties outside the CRA that might be a targeted business, too. So this is citywide then. It's just more geared, you know, we just want to try to focus it more to our CRAAS. But if there's a targeted business that comes out on the west side of Port Orange there, this would also allow them the opportunity again to make that request still has to be vetted and ultimately approved. This just pretty much adds the option to the code. What would be the criteria for that? I mean, it's typically basically the jobs that are being produced, the type of industry that's coming in here, the economic impact it has. Their code has a lot of um things that we have to evaluate then and bring forward to council for that also decision and the city manager has final word on the on the city council would basically vote on the economic incentive agreement then recommendation goes to the council. Yeah, we'd have there would be a recommendation that goes to the council a separate agenda item that would go before them. Thank you. We've done a number of them in the past there um on that side, but there is you know typically the criteria support information provided and a document that's prepared by attorney's office

that's signed by the developer and the city then on that then okay and this code does not change anything in terms of that process or the way it moves forward. Thank you Daniel. Um yeah. Is there anything in specific that spurred this recent change or was it just We've had some basically inquiries regarding tree mig mitigation payments in some of the areas into and also to a number of sites that we've been getting some gopher tortoises that we did not initially inspect there on sites that basically are in the process of redeveloping. So we wanted to add this as an option if those come forward there because there are some sites that we want to develop in infill developments within the east side of Port Orange and this may be a tool that we use. Those so this is for us to help correct develop those and then you know this is not one specific site we just apply to citywide um because you don't know what's going to happen in the future um on there then so that's why we wanted to open it up there and then um have that as an option and then again if someone brings it forward we'd evaluate it before taking it ultimately forward to EIA. So this is something that we we discovered with the city and we're trying to facilitate. Correct. Okay. Well thank you. Cool. Maria, I'm good. Very cool. I've got no questions. Yeah, this is just extending the what? Sorry, I didn't find any misspelling like Scott did. So, yeah, there's one. Is there a typo? Entertainment. Gosh, I missed that one. Nice catch, Bo. I thought it was a metaphor. I didn't really know what that. So, yeah, this is just expanding the options of what a what a developer can ask for. Still has to go before the council and get their approval, right? It benefits the city. Just for clarification as far as what's going on, we currently have two CRAAS, right? Correct. So, it's the whatever it is for and then the town center. Town center. But this applies for pretty much city. Those are set up for a limited time. Correct. Correct. Do you remember off the top of your head? 36. 36. Okay. And that because doesn't that have to go to

the county to to get one of those things set up or is that all uh city council? It's already been through city council and county. So yeah, but I mean the at some point in time if someone's going to start a new one, I don't think their county is entertaining them. Sound like they weren't really not excited about the ones they had. One more question. Both. Where'd you get that shirt? It's That's a good question cuz I had that question as well. Really? Yeah. There you go. Under Armour outlet. Now it's on the record. Like crit critical issues being discussed here. Yeah. All righty. Any other questions or anything? Comments? Logo. Anybody see it? Yeah, I know. Not real good. Uh, if not, we'll bring it to the public. Public comments. Robert, no. Thank you. No, not on this one. All righty. We'll bring it back to the commission here. Uh, anybody else? Any anything else? Nothing. Clerk, if you'll read, do a roll call for us on the vote. Stansm, yes. Scott Stagger, yes. Daniel Malagol, yes. Mary, yes. Yes. and Tom. Yes. Thank you very much. Moving on to other business. Commissioner comments. Maria. Nope. Good job on behalf of the staff as usual. Other than that, I'm good. Daniel, I second what she said. All right. Bo, I think I said enough. Scott, you got anything? It's hot outside. That's all I got. It is hot outside. It's hot everywhere, though. Stan? Nope. Nothing over there. How about staff comments? Anything? Oh, Tim's getting up. Uhoh. He's actually getting up. Got to share some more wardrobe. So, just wanted to um make everyone aware that the month of July, our planning commission will be on July 31st. That's the fifth Thursday, not the fourth Thursday. Um just wanted to make sure everyone was aware of that then. So, you'll be getting your packets on July 25th and the meeting will be on July 31st. Then that Thursday, um we've

got a couple private development applications in here. So, just want to make sure everyone's aware of that date. If there is conflicts, if you could please let us know since we want to make sure that we have a quorum that night since we will have some private development applications coming before you. Then does that have something to do with phase? It was a city staff conflict issues. Yeah. Um and luckily we had a fifth Thursday then. So there in the past I think we've moved it up to the third Thursday, but this gave us more time to make sure we could prepare the agenda items there and not miss um future city council meetings in. Just want to make everyone aware of that date. Then I planned a party for that night because it wasn't planning commission night. I'm going to Tom's party. Invited to his party and we were all We'll just have the party start. Why don't we just all go and we'll have the meeting there. There we go. There we go. All right. Anything else? That's all we got. Any questions for Tim while he's up there? No. Don't want to talk about signs or anything like that? I got the short the shirt thing. We're good. There you go. Very cool. All right. Bring it back in. Any public comments, Robert? Anything in general? Anybody else? No. No. Seeing no public comments, I'll take a motion to adjurnn. Motion to adjourn. So move and pass. All right.