##VIDEO ID:OeT-qMhzyDc## e e the meeting of the Planning Commission for Thursday January 23rd to order if yall please rise and uh we'll do the Pledge of Allegiance I pledge algi to the flag of the United States of America to the for it stands Nation indivisible withy and jusice for all moment of silence amen righty welcome everybody uh clerk you Cod do the roll call for us yes stanm here Scott stagger present Mark bowling Dan Daniel malangal here Maria Mills betet here am and Thomas Jord here thank you very much uh moving into consideration of minutes from the last meeting make a motion to approve minutes from the last meeting last right second have Motion in a second on the uh approving the minutes you don't call the rooll Stan Schmidt yes Scott stagger yes Mark bowling yes Daniel malago yes Maria Mills benette yes am yes Thomas Jord yes thank you very much if you want to reflect it Mr bowling has appeared outstanding glad to have you here we're going to move on to item number four on the agenda here which is application variance for the shops at summer trees case number v c-24 d004 a variance from the L development code to reduce the internal side building setback from 20 feet to zero feet this a penny you want to have a motion first oh that's right thank you just go forward Stan um I move that we approve the variance to the Land Development code um which is case uh number vc-2 24-4 second good evening chairman planning Commissioners P crw planning uh the subject property is located on the southwest corner of South Williamson Boulevard and North summer trees Lane um it's zoned planned Community agriculture workplace District um the PCA workplace district has a side building setback of 20 ft and the applicant is requesting that the a varians to allow the internal side building setback for a proposed subdivision to be zero feet and if approved that zero foot setback would allow for two commercial Lots as you can see on the screen before you um to be created with buildings on the separate lots that would share common wall in February of last year a site plan was approved for the construction of a multi-tenant building in the in all these grocery stores with onsite and offsite improvements that's currently under construction um the location of the building with that shared common wall at that time was able to be approved because it's currently one parcel so there was no internal side building set pack that would apply um So currently what's being constructed um as as it's being constructed if you can see here this um kind of purple area um they're currently what's under construction um there's going to be about approximately a 26t uh wide Gap between the two buildings um this is an area that Aldi has been approved already on the approved site pan for future expansion there's no time frame right now for when that future expansion would happen but what they already have that approval and so when that time would come they would then share a common wall with the multi-tenant building um and so the proposed commercial subdivision would create these two lots the first lot lot one would be approximately 2.78 78 acre um 2.7 8 acres for the multi-tenant commercial and then lot two is approximately 3.05 acres for the Aldi grocery store and when the expansion would happen they would share that common wall on that shared common lot line so this is um a really common design for shopping centers there were some pictures in the staff report of examples all around town of pretty much all the commercial shopping centers that at some point um were ploted to create fee simple Lots according to the applicant this is this variance request is a design choice to be able to do this common shopping center design that allows uh the tenants to be able to have that fee symol lot ownership it provides them more security rather than having to um constantly try to renew leases so the variance criteria was discussed in detail in the staff report based on the findings of that in the variance criteria in the report staff is recommending approval as here to answer any questions you may have and the applicant is also here very cool thank you uh we'll start with Maria any any question from Penny um NOP I'm good Daniel I'm good thank you oh yeah I got a a quick question for you why why didn't they do this in the first place at the time they weren't ready for the Subdivision plat um as we went forward you know that that came to be that the one of the tenants wanted to subdivide and have fee simple ownership so these are like condos then right no a condo is not something that would goes through a city process a condo would be just something that um they would file through through the state and typically it's just the footprint of the building this is a plat a Subdivision plat that goes through the full subdivision review through the city plating process and they would actually um you can see here there's the full lot with parking and everything that they would own not just the footprint of the building okay uh what does that do to the parking ratio does that change anything no it's all the same cuz it's still a shopping center okay mhm all the infrastructure shared it's all currently designed to work okay that's so Scott or sorry Mark yeah Penny um this is for internal growth only this is not going to be eventually another um part of the shopping center correct because it's not going to have an outside entrance or no no no what's what's under construction right now that you can see here is is what it is the only part that's not currently being constructed is this little purple strip um if you can see on your screen there and that um that is the future it's like 2,885 Square ft a future expansion for the grocery store that's it and just for the grocery store correct um what's there or what's proposed to be there now just uh concrete between the two buildings it's just like a sod right now until they build the expansion you good cool got so it's just basically preemptive for their expansion to say hey it's going to expand Out and Touch the other building in we would have to they have to do it now because the next item on the agenda the plat we wouldn't be able to create that lot line where it is knowing that there's an okay M set yes I'm good Dan yeah the question I had is if you look at lot one the little area you to be built and it looks like that's divided into little yeah that's a multi-tenant building so so is that one owner on the multi-tenant building and they can just lease out like it any other thing yeah so they will lease out those tenant spaces on the multi-tenant but the you could have two separate owners between the Aldi building and whatever this thing is correct all right that's that was my question okay yeah the only question I had for you was it looked like that the new lot line then goes out I guess it would be North Northeast uh out to the parking lot where the ret detention Pond is and then was it cut horizontal across the end of the parking lot there yeah it's all and that kind of layout doesn't really impact anything because it's all shared infrastructure with um a shared on the plat that you the next item there's one maintaining Agency for all the infrastructure and there's easements over everything right gotcha cool very cool all righty um let's have the applicant come up so she can get paid to me it's our first chance to see this year I say I thank you for that happy New Year everybody um for the record Jessica GA C law fir one Dayton Boulevard Daytona Beach Florida um I'll be quick I think the staff report covers the main points um we could typically do this through a condominium formation um we talked to with City staff about that before um I hesitate to do that and always recommend to our clients that if you can go through the subdivision process you should because it gives the city Clarity on the easements being in place making sure the utilities are taken care of um we look at condo documents as a way around right subdivision rules um and if there's a path forward that is open and everybody has input I think that's better and so really right across um from this site the noon development that has the Halifax Office Center we did that through a condo plat and like Penny said that was just a building footprint so it was simpler um here where we have kind of the parking areas configured out we thought the subdivision process made more sense the Land Development code does contemplate this in some districts so the Rd and the mxc district in the Land Development code have a little footnote that says the side setback can be zero if it's designed with buildings with a common wall um and so this District just doesn't have that so I have to go through the variants um and then just a note on the lot line configuration the where it juts out that's just so that that pond that's there at the front doesn't get split in half across the two um one lot as you'll see in the plat is designated for maintenance of the storm water system but it's easier when it's all within a certain boundary instead of split in half um with that here for any questions cool Stan I'm good SC good Mark I'm good v um just I can't see it very well on here but the uh exit on to that is an exit right to Williamson correct okay I think it's right in and right out only right in right out no it's full oh it's left okay that's on the plat but we yeah yeah okay it's approved under the yeah all right thank you yeah I'm good are you I'm good very cool we're thank you very much hey Penny I got a quick question for you um I just realized this so I noticed I drive there a lot every day and there's a u uh the median has been been cut out there and it's now got some Paving on it correct is that part of this project yeah it's part of the site plan that was approved last February so there was some off-site improvements um to allow for some of the movements on Williamson as well as this they um they were able to um create that second left turn and extend that to provide um more stacking to be able to get people through that intersection faster and so that's under construction as part of the offsite improvements of the site plan yeah my real question was is it done yet or is there going to be another no nothing's nothing's done done until we go out for final inspection so and accept everything cuz it cuz it looks really really bad it looks really really rough yeah it's probably the first you know rough okay rough pass cool thanks uh anything from the public Robert no got to start Robert come on bring it back to the board uh any other discussion none I assume you're ready to vote on the motion you call the role Stan Schmidt yes Scott stagger yes Mark Bing yes Daniel malal yes Maran Mills spet yes boo fam yes Thomas Jordan yes congratulations on that one part B moving on to the next one here if I can get bring it up now bring up a motion anybody on the second item here uh make a motion to approve uh shops Summer Tree plat case number v r c-24 d Oh wrong one sorry I flipped back and forth make a motion to approve Subdivision plat shops at summer trees plat case numberers subd -24 d001 first one number one second second than you sorry Motion in a second go ahead Penny good evening felie Cru planning um so this second item is regarding the SEC the same property we were just discussing on the southwest corner of Williamson in North summer trees Road this is the commercial Subdivision plat um so the applicant is requesting to subdivide the 5.8 3 Acre um property into the two lots we were just discussing the 2.78 acre lot for lot one uh for the multitenant building and approximately 3.05 acre lot for lot two for the Aldi grocery store so just as a reminder to to the board the review of of a subdivision plot is a ministerial review um what that means is the approving body can only take into consideration the technical criteria and lot Dimensions required in the Land Development code so as we discussed before in February of last year a site plan was already approved for the construction of the site including the multi-tenant building and the grocery store along with all the on-site and offsite improvements all that required subdivision infrastructure that you would normally see in the plans that go along with the platin plans um are not required at this point because all that shared infrastructure is already approved and being constructed with the site plan so this is kind of what they call a paper plat um so the plat here is um been reviewed by the STA the technical committee the staff development Review Committee it's been found to be in compliance with the Land Development Court um code sorry so the staff report is on record with all the detailed information on that and we're recommending approval very cool thank you uh any questions for Miss Cruz on this one Dan Scott nope Mark vote would you explain an ad ministerial review again I mean I'm a little thick so so it's not so you've got ministerial reviews you've got quasi judicial reviews um there's there's another layer that's uh escaping me right now but basically this is not something where we have um discretion to say yes or no just based on like external types of criteria this is something that they're they're able to do by right as long as they meet the requirements of the Land Development code so it's Bas it's it's if we're going to say no it's got to be because it does doesn't meet something in the Land Development code criteria for subdivision and the staff development Review Committee has already reviewed it and determined that it meets all the that's where the ministerial no the ministerial part of the review is with the approving bodies so Planning Commission and city council Yeah so basically it's if you're going to say no you need to have proof that it doesn't meet something in the Land Development code criteria for a plat okay thank you you good anything else am I good I don't know you tell me wide open I everything else for Daniel I'm good Mar yeah I'm good good I'm fine also uh who's technically the applicant is it you guys can to come back up again for the record Jessica G cop off fir one Daytona Boulevard Daytona Beach Florida I think the staff report covers the request here we do have our engineer of record Chris relly was Cen here for any questions that you might have of him as well any questions no do a wide open everybody good we're good good we're good thank you very much uh any discussion any public discussion Robert no you're good too all right we'll bring it back to the board here we just haven't gotone to the part yet seeing as we have no further discussion here if you call the role Stan Schmidt yes Scott Stager yes Mark bowling yes Daniel malal yes Maria Mills Bennet yes both Amy yes Thomas Jordan yes congratulations all set there uh moving on to item number eight on the agenda here the administrative MDA Amendment somebody will do a motion for us a motion to approve pza a-24 d09 wow B did a motion here second well you know I got a cover my office right S one in he got to earn his keep down there in the vice chair got to stay awake during the whole meeting too yeah I get a second on this second we have a motion on a second I already did it oh did you I already did it you already covered it then you're good back penel crw planning so the this item before you is a pro a proposed amendment to modify the meline commons PD Master development agreement to require the developer to install rapid flashing Beacon signs and a flash ing stop sign as a safety Improvement at the um Sugar Mill Elementary's parent pickup and drop off driveway at Charles Street instead of installing a 6- foot privacy fence between the Pud and the school the signs are positioned at the intersection of the parent drive pickup and drop off driveway to alert drivers entering and exiting the school of pedestrian Crossings the proposed amendment does not change anything else in the MDA so in 2021 during the review of the Pud and the master development agreement the Bia County staff requested that a requirement be added into the MDA for the fence to be included on the boundary that they shared um with the Pud with the Pud and the school um according to the Land Development code the fence was not a requirement but the developer agreed to put it in the MDA and install it because the school requested it stuck so during the construction of the subdivision um it was determined that that actually installing and I'm actually going to go back right here this area right here is the the large Wetland that was protected during um during the construction of the subdivision it was determined that installing the fence would actually create impacts to the protected Wetland um that's in a conservation easement on the plat and also it was brought up through the police department that that could create a security concern by restricting visibility into the school property from the perimeter so there were some discussions between the valch County School District staff our staff the police department um and it was determined that the fence was no longer required and they they were not they understood and were not interested in having the fence there and that in place of that um these safety improvements for these signs would be um an acceptable public Improvement um they also determined that the having the Wetland there um and this is a current picture over to the right as where as well as the existing vegetation and other landscaping and the existing chain fence on the school property that is remaining was enough of a buffer in security for the school and the the privacy fence that they originally asked for really wasn't necessary so um the reason we're here before you tonight is the fence was put into the master development agreement as a requirement so the only way to not allow the developer to install it is to do an MDA Amendment so the staff report um is attached to the packet for more information um staff's here recommending approval can answer any questions you may have cool uh Stan is this like a a Photoshop of what these signs might look like No actually they're already installed so you knew that was coming excellent work with Photoshop I could have been like I'm really good at phot Photoshop wizard is yeah no I had no questions on this uh did anybody speak to the actual school not necessar the school board but people at that school oh yes they've been involved in I'm school boards are a little detached from yeah no they've been involved in everything sometimes not always thank you I just want to make sure okay with LEL um the crossing guards with the sheriff department everybody was involved in all these discussions as long as nobody else there is objecting that's seems reason me good questions works good oh uh is that line there that's the the city line between Port Orange and South Tona the little red one the orange one yes yeah mhm okay that's okay thanks welcome Daniel I yeah the question um the current chain link fence that's on the school property then yes M okay yep thank you that's all for you my only question was I was a little I was slightly confused so this is only covering the area where people are pulling into that driveway to go into the school this isn't helping the kids that are walking across the street from from the other side the the sign this is only because of the fence and no it's not about it's not about the fence it was a safety Improvement that the school requested for this driveway and the locations of where the signs were installed was specifically directed by the school PD um Sheriff's crossing guard so everybody's been meeting and they they designed and picked the locations that would create the the best safety Improvement for that so it's not just that one sign no no no there's three signs there's two pedestrian signs and then there's the one flashing um there's two of the rapid flashing Beacon signs that are pedestrian oriented like we have this one there's two of these signs and then there's the one flashing stop sign okay that's that's what I was curious about okay I think that's it you're good yeah I was initially concerned about taking that fence down or taking the requirement for the fence out but after reading it more carefully it it it makes sense what they're doing to to leave it with the more open private see open vents with the chain so uh if it works for them then then that's good and and logically makes sense so uh I don't have any other questions for you and this is you're the applicant so we don't have anything else to do all right discussion comments before I call on Robert Robert you want to come up no I thought this was the one you were here for this is a good one you're good with it all right bring it back anybody else in the public uh last call all righty bring it back to the board here any other discussion you guys are all set you want to call the role please yeah yes sure Scott stagger yes Mark bowling yes Daniel malago yes Mar Mills Benet yes Bo fam yes Thomas Jordan yes that passes also thank you very much we're very agreable tonight yeah really any other another business here I think we're moving on there right uh commissioner comments Maria anything uh no I am good happy New Year here we go let's do this thing there you go Daniel nothing at this time oh just another bright year ahead of us a that's good good Mark good Scott I'd like to propose legislation that we can never have this temperature ever again there should be a threshold at the bottom where dipping below that is somebody should be held in a number of days yes I prison time or to close the door otherwise Happy 2025 I second n thank you both Stan anything no it's uh good to see we got start the year with the Full House and uh and Full House in the public so and Robert Full House and Robert yeah my comment is thank you to the staff they do a great job for us and make this kind of easy for the pay we get and yeah staff comments anything for the staff anybody have any questions for the staff man y all going to let let him off easy huh yeah well I was kind of curious where he got that hat that he had on when he came in he's bald he needs something to cover his head yeah for those of us that the heat radiates off the top over here we're very careful to have a selection of covers very cool uh public comments Robert you got anything man appreciate you you breid the cold just to sit here with us robertt yeah really you're not your else on the agenda get a motion to adjourn motion to adjourn Thank you very