Planning Commission - Regular Meeting

Pledge allegiance and moment of silence 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. Uh, madam clerk, if you'll call the role for us tonight, please. Stan Schmidt. Scott Stagger. Daniel Malagol here. Maria Mills here. Fami, I'm here. Thomas Jordan here. Thank [snorts] you very much. Robert. Robert. [laughter] Robert. Uh, moving to item number three on the agenda, which is a consideration of minutes from last month. Make a motion to approve the minutes from what is that? What was that? 23rd. [laughter] We have a motion and do we have a second? Second. We have a motion and a second. Daniel or B, it doesn't matter. Whichever one you pick. Okay. [clears throat]

Um do uh by both all those in favor, please take the favor by saying I. I. Those opposed? Nay. All righty. We're past the uh approval of consideration of the minutes. We're going to move into two items now. Uh we have items four and items five which are both both related to the same address. One's a uh future land use change and one's a reasonzoning change. So at this time I'll consider accept a motion to approve the case number CPAM-25-00003. Motion to approve case number CPAM-25-00003 smallcale comprehensive plan amendment

and also I'll entertain a motion motion second motion we need a second oh I'm sorry we need a second we have a second and I'll entertain a motion to approve uh case number reszoning 25-00005 second motion to approve case number reszoning-25-00005.

Second. That's resoning for 1737 Fern Park Drive. We have a motion to second on both of those. Uh Susette, I think you're up, Mom.

Good evening. Um, Susette Cameron, uh, community development planning the subject property at 1737 Fern Park Drive on the south side of Fern Park Drive, east of Taylor Road and behind the all aboard storage uh, development. The property consists of a single development with a single family residence. access is on an unpaved easement along the uh north side of the property line, Fern Park, with an additional access from the um all aboard storage crane lakes uh depot development to the west. In 2018, the subject property was annexed into the city of Port Orange. In 2020, the former owner submitted an application to change the future land use designation and zoning C classification from Valuchia County to the city of Port Orange to develop a townhouse uh subdivision. Both uh development applications were not approved. Um, so with the first item in front of you, the property owners are requesting to change the future lands use of the subject property from Valuchia County urban low density um to the city of Port Orange Rural Transition. The propo Oh, did I not?

Oh, sorry. Sorry. Bear with me. Sorry. The proposed amendment would reduce the allowable number of residential units on the subject property from 37 to 19. Overall, the amendment would result in a net decrease in an imp in de a net decrease in impacts on public infrastructure. With the second item presented, the property owners are requesting to reszone the property from Valuchia County A to Rural AD agricultural to the city of Port Orange Agricultural Zoning District. According to the property owners, the land currently has a single family home on it that is in disrepair and they would demolish that and build a new home at a future date. They would uh present a special exception application to allow them to develop a retail and wholesale uh nursery business at the rear portion of the property, which would uh be permitted if the special exception was approved. Staff recommends approval of the request for the future land use designation of the subject property from Valuchia County urban low intensity to the city of Port Orange rural transition and to reszone the subject property from Valuchia County A2 rural agricultural to the city of Port Orange agricultural and that ends my presentation.

Beautiful. Thank you very much. Yes, sir. Uh questions for that stand. Uh, no, I have nothing on this. Okay. Well, yeah. The only question I have is um uh with the transition to agricultural uh fine nurseries and so forth, but later on if they apply to develop the land and put homes on the property, does that come before the commission again or are we uh passing that now as part of the So again, going to the agricultural zoning would allow a single family home. Okay. And so there would be no other review of that. If if this passes tonight,

they would have to reszone. Correct. Yeah. Cruz planning. Are you asking if the building for one their one single family home has to come back or if they if just building the one single family home that they want to rebuild does not that's just the building permit. If they wanted to do more than what the zoning that they're asking for allows, they would have to apply for another resoning which would has all resonings have to go through public hearing. Thank you. Well, why Penny before you disappear but I thought I was understood that it's allowed one to two units per acre or I'm sorry. Yeah.

Uh 0 to two units per acre. So with nine acres theoretically they would get the ability the possibility to do 18 home nine nine. Thank his 1acre lots. So if they if they if they decided to subdivide the property for a nine home subdivision, that would not come back before the planning commission because the Florida statute this past legislative session changed it so that um subdivision platin plans are now done administratively. Um so yes, if they wanted to do that, but they're here and they can speak to it. Their intent is just to demolish the existing home and rebuild one single family home and then eventually in the future submit the special exception that Suzette talked about to have their nursery business come back.

So this is a path to building a group of homes later on. No, [clears throat] they the the property owners are here and they can let you know. They want to just live there. They want to build their house and just live there and then eventually submit a site plan for their business in the back. Understand? Okay, that's fine. Thank you. That all Daniel? Nope. Thank you, Maria. Um, no, I'm good. Good. Thank you very much. Okay, sir. Uh, this time we could have the applicant come up. Would you like to say anything? Talk about what you want to do or answer any questions or or not. Hello.

Hi. Just state your names and your address. Sandra Bordis, 16 Ardia Circle, Orman Beach, Florida. Daniel Bordis. Um, same 16 Ardesia Circle, soon to be Port Orange we bought in Wood Haven. You have anything you want to present to us or talk about or are you good? [laughter] Well, we had no idea that we could possibly build more homes, but we don't want to. We want to preserve the five acres next to the other portion where our house will be, but I mean, we might build one more house for our son, but We don't want neighbors. [laughter]

What you're thinking about doing is tearing down that old house that it's rotted and termites. The floor is given away cuz there's crawl space. I know it well. So, the only thing that occupies No, it's raccoons and rats. Cool. Great. You have any questions for them? I heard that. Um, no, I'm good. Daniel, no, I'm good. Thank you. Okay, Dan. So, you made it through the intense immigration uh proceedings so you can become Port Orange residents rather than Orman Beach. We [laughter] made it. Yes, I'm very excited. No, I'm good. We just closed last week. Last week. So, Woodhead.

So, we're going to be in the townhouse until we can build our house, but we understand we can't get any permits till the land is cleared up. Yep. Yep. Cool. So, that's our plan. It's beautiful property. It's very beautiful. We'd like to preserve it as much as we can. Yeah. The only issue I had was uh theoretically you could build nine homes you said based on the [clears throat] uh FOU. I understand that's not what you intend to do, but we have to look at it 10 years for future people buy it.

That right gets associated with that parcel. They get somebody come in and offer you some significant cash or whoever and uh all a sudden they want to put nine houses in there. Is there a plan for where it could be just like the way it is with the one house or less units you want that that's that's the right right FLU and Okay. I leave it like it is. Yep. Cool. Okay. Good. Thank you very much. Thank you guys. Thank you. Uh anything from the public? I am come on up to the mic and uh

My name is Lori Fa and I am a homeowner since 1987 on Fern Park Drive. I was here back when the town home debacle happened which was I was very grateful that you guys turned it down. Um, I support this because we have to have less zero lot line or wait, let me say 10 ft between houses, home sites or whatever. And I think that with all the building that's going on, you cannot stop the building. You just can't. They're trying to take farmland and keep it farmland. And so I am in full support of this. Okay. Thank you very much.

Thank you very much. Anybody else? Robert, no. You're good. All right. Bring it back to the council or to commission. Uh Stan, you got anything else? No. Well, no. Daniel, you're doing good. Oh, yeah. No, I'm good. I love this, too. Uh, if you want to call, we'll do the vote on the on the first one first, which is the uh um CPAM-25-00003. If you'll call the role on that, please. Stan Schmidt. Yes. Yes. Daniel Malagol. Yes. Maria Mills Penet. Yes. Pop Fami. Yes. Thomas Jordan.

Yes. That one passes. Moving on to the second one which is already open which is the uh these lines are all messed up. Reszoning. Uh the reasonzoning 25-00005. If you'll call the role on that please. Stan Schmidt. Yes. Uh Daniel Malagol. Yes. Mary Mills Benet. Yes. Bill Buffy. Yes. Thomas Jordan. Yes. Motion carries. Good. Congratulations. Good luck with everything. Good. All righty. Moving on to item number six, which is an application for just a land development code text amendment, chapter 16. I'll take a motion on a on case number DCAM-25-00006.

Move to approve DCAM-2500 Z5. How about six? Six. Six. Second. I think you had a motion and a second on that. Uh Mr. Burman.

Yes. Um earlier this year, uh legislation passed with Senate Bill 954 which basically mandated all local government to um adopt regulations regarding the uh certified recovery residents. Um what we've done is we've basically taken the language and the direction that was in that Florida statute that we were required to put into our code and we've adopted that in terms of definitions. also um basically the time frame for basically the review of those. Uh so that's been put in there according to that Senate bill. We've also added what we're able to do in terms of separation requirements along with identifying the zoning that they could be located in which is the um multif family zoning districts then. So the ordinance before you complies with the requirements of Senate Bill 954 which they basically told us we have to put in our code. So we complied with that along with putting as much protections and measures that we are allowed to in that ordinance there. So staff is recommending approval of it um based on compliance with uh Senate Bill 954.

Thank you Tim. This is essentially a state mandate that we have to correct. This is passed uh passed by our senators and our representatives at the state that don't believe local governments know what they're doing. So they decide to take over all the rights. I know you don't want to comment on that, but that's my com. We complied with the bill. I understand. Stan, you got anything to say about this one? So, does this eliminate the need for the planning commission? No. [laughter] At least two meetings a year that you're good. Oh, you're good. Daniel, I'm good. Thanks, Maria.

I'm good. No, I just reiterate they continue to force they continue to pass items that they feel they have some reason to control force it on the cities and your senators and your state representatives including Mr. Traymond are voting for it taking away uh local local control. Um anybody from the public wish to speak on this one? Come on. I knew it. I knew it. Robert's a little rusty because we haven't been here for a couple of my meetings.

Commission members, Robert Reinhagen, 1425 Dexter Drive, Port Orange. Um, this thing says, um, it specifies that certified recovery residences may be established only within the following three city designated multifamily residential zoning districts, R3L, R3M, and R3H. except where reasonable accommodations are requested and approved. Um, I'm not sure what that means u because I don't know if uh you go in one of these three districts and then you can have uh exceptions or accommodations or you can go into another district. It's like commercial and get an ex, you know, an exemption there or reasonable accommodation. And uh the second thing is um I couldn't find a real definition of what's reasonable accommodations. I'm I for me it probably would be nothing.

Thank you. Thanks Robert. Anybody else from the public wish to speak to this? Seeing none, we'll bring it back to the commission. Anybody else have anything? Call a roll tonight. Stan Schmidt. Yes. Daniel Malagol. Yes. Mariam Mills Benet. Yes. Boamy. Yes, Thomas Jordan. Yes. Thank you very much. Good deal. Uh where are we at here? Item number seven on the uh proposed public hearing and development review calendars.

Can I be curious? I have nothing to present. I'm just here to answer any questions. Um it's pretty much the same as every year around the holidays like now the meeting dates get adjusted. That's what the little asterisks are on there so that you can put them on your Google calendars for the year ahead and and plan ahead. So everything is the same as usual. Beautiful. Anybody have any questions on this? Is just setting up the deadlines for people to make applications, what the planning commission meeting dates are and the city council meeting dates. Any comments? I need to go for I don't need to vote. I just accepted. I accept that. So, I guess why don't we do

like a voice vote? Make a motion to accept the calendar date as Make a motion to accept the proposed public hearing and development review calendars. Second. We got a second. Motion run long here. Got a motion to second. All those in favor, please signify by saying I. I. Those opposed? Nay. Motion carries. Thank you very much. Moving on to other business. Uh, commissioner comments. Anybody got anything to bring up? Happy Thanksgiving. Happy Thanksgiving. Happy Thanksgiving. Good to see you. Thanks for the pumpkin bread. Thank you for the pumpkin.

Good to see Robert back. I was telling him he hasn't been in a couple city council a little bit. I was this close to calling up here to see if anybody has his phone number so I can check on you. Normally, he's he's always our We missed you. We noticed that you glad you're back. Anybody else? Daniel, nothing for me. Bo. No, sir. Okay, you're good. Thanks for the staff. Appreciate what you guys do and uh handling all this stuff up front so when it gets here, it's clean. I know all the attorneys that work with uh with you guys love you. Most of them love you. We appreciate what you do. Uh staff comments for us. Anything? Happy Thanksgiving. Happy Thanksgiving.

Thank you. Uh 18 minutes. I know. I I was once [laughter] I was past eight, I didn't really care. We just we just missed it. Public comments. Robert, that's it. Seeing none, make a motion for adjournment. So move. Motion carries. Thank you. Good night.