[4:19] good evening and welcome to the

[4:20] regular city commission meeting

[4:21] for tuesday, JANUARY twenty

[4:23] seven twenty twenty sachs now

[4:27] come to order please join me in

[4:28] putting your cell phones on

[4:31] silent something we usually

[4:32] forget.

[4:35] >> thank you.

[4:36] >> city clerk please call the

[4:39] roll commissioner pareene here

[4:40] commissioner martin

[4:43] commissioner actually

[4:44] vice mayor mcgirk here mayor of

[4:46] cleveland has an excused

[4:46] absence.

[4:50] Thank you city clerk please

[4:51] gentlemen please stand for the

[4:51] invocation.

[4:54] Commissioner pareene is going

[4:55] to read us the invocation and

[4:56] then we're going to do the

[4:58] pledge of allegiance spowart

[4:59] headspace dear precious

[5:02] heavenly father we thank you

[5:02] for this day this beautiful

[5:06] city that we live in and all

[5:07] of the leaders up here making

[5:10] these decisions for what's best

[5:10] for our community.

[5:13] Please watch over and guide us

[5:14] ,be with our citizens, help

[5:18] direct us be peace and we give

[5:21] you graciously all of our

[5:22] things.

[5:22] >> amen.

[5:22] Amen.

[5:28] Thank you MR. Allegiance to the

[5:28] flag of the united states

[5:31] of america and to the republic

[5:34] for which it stands one nation

[5:35] under GOD indivisible with

[5:39] liberty and justice.

[5:39] Thank you.

[5:47] Be seated at this time I'd like

[5:47] to take a brief moment

[5:50] of silence for assistance

[5:51] manager ronnie bird who can't

[5:52] be with here, can't be with

[5:55] here, can't be with us here

[5:56] tonight due to his the passing

[5:57] of his mother.

[5:59] >> so please take a moment

[6:05] of silence

[6:05] .

[6:06] Thank you.

[6:10] City manager ai are there any

[6:13] changes to the agenda?

[6:13] Yes sir.

[6:16] We we do have a couple

[6:17] of changes.

[6:21] Item seven f has been withdrawn

[6:24] from the consent agenda and

[6:29] also wanted to notify you that

[6:32] item ten a we have received a

[6:33] request from the applicant to

[6:37] continue that to the MARCH 10th

[6:37] meeting again this item tonight

[6:41] ask to do with s village on

[6:44] their application for community

[6:44] development district.

[6:45] You might want to you'll have

[6:48] to vote to continue that.

[6:49] You might want to do that early

[6:50] in case there's anybody here

[6:52] waiting for that.

[6:53] >> sure.

[6:54] City attorney, I think you had

[6:56] a statement you want to make on

[6:57] it once you all vote.

[6:59] >> ok, so is that is there a

[7:00] motion to move the item today

[7:03] to the MARCH 10th city

[7:04] commission meeting?

[7:04] >> I'll make that motion.

[7:07] Second city clerk by the royal

[7:11] commissioner bring yes

[7:12] commissioner martin.

[7:12] Yes, commissioner ashley.

[7:12] Yes.

[7:15] Vice mayor mcgurk.

[7:16] Yes.

[7:16] Thank you.

[7:19] Motion passes very and for the

[7:19] record ordinance number twenty

[7:22] sachs and ordinance of the city

[7:23] of new smyrna beach

[7:23] establishing the south village

[7:24] new smyrna beach community

[7:26] development district pursuant

[7:27] to chapter one ninety florida

[7:30] statutes providing for

[7:31] authority and power of the

[7:31] district providing for the

[7:32] board of supervisors of the

[7:35] district, providing for the

[7:35] district budget.

[7:36] Providing for functions of the

[7:38] district, providing for

[7:38] miscellaneous provisions.

[7:39] Providing for an effective date

[7:42] and this item will be continued

[7:43] to MARCH ten twenty twenty

[7:46] sachs five thirty at two

[7:50] fourteen sam's avenue a. In

[7:50] this meeting hall.

[7:51] >> thank you.

[7:51] Thank you.

[7:54] City attorney city manager do

[7:55] you have a report for us

[7:55] tonight?

[7:55] >> yes sir.

[7:58] Just a few things to mention

[8:01] and since maham from cleveland

[8:06] isn't here report that he and I

[8:08] attended the volusia county

[8:12] roundtable on JANUARY the 12th

[8:13] at that meeting we had reports

[8:17] from all of the volusia county

[8:18] constitutional officers

[8:21] including the sheriff, the tax

[8:22] collector, tax appraiser, the

[8:25] election supervisor and the

[8:25] clerk of court.

[8:29] We also had updates on pending

[8:33] legislative session and a lot

[8:36] of discussion about flooding

[8:37] the work that's going on in

[8:40] volusia county also report that

[8:41] I did follow up with staff and

[8:44] the complainant that was at the

[8:48] meeting the previous meeting

[8:52] concerning 705 falkiner street

[8:53] of that complaint is being

[8:56] investa ative investigated andnd

[9:00] appropriate action will be

[9:00] taken to resolve that matter.

[9:04] I would also like to state for

[9:05] the record there were some

[9:08] allegations made about some

[9:11] sort of staff impropriety

[9:12] regarding that I can assure you

[9:16] those allegations are not true.

[9:19] >> also followed up on a

[9:23] concern that the citizen

[9:23] brought to us regarding

[9:27] homelessness on canal street

[9:28] and the impact that has on

[9:31] business activity.

[9:32] Again, we are doing everything

[9:36] that we can within the confines

[9:39] of the law to manage the

[9:43] homeless and I did include some

[9:47] statistics for you in the city

[9:48] manager report just to show you

[9:50] some of the activity that that

[9:54] we are undertaking a couple

[9:58] of other things obviously

[10:02] images was this weekend a big

[10:05] success with with respect to

[10:09] that also and I am working with

[10:10] staff for our next big

[10:14] celebration in JULY the fourth

[10:17] and I think we've got fireworks

[10:18] on the agenda tonight and we're

[10:19] looking forward to making that

[10:21] a bigger celebration given the

[10:22] two hundred and fiftieth

[10:25] anniversary.

[10:32] >> also mayor cleveland and

[10:33] commissioner martin were in

[10:37] attendance at the DR. Martin

[10:39] luther king JR. Celebrations

[10:40] and that was a fine event,

[10:44] great attendance and was was

[10:47] happy to be there representing

[10:51] the city and that is my report

[10:52] ,sir.

[10:52] >> thank you.

[10:53] Great.T.

[10:53] Thank you.

[10:54] City manager, appreciate the

[10:56] update on that and the

[10:57] attendance of the roundtable.

[10:59] An update on the roundtable

[11:04] information at this time I'm

[11:05] going to open up public

[11:07] participation at three minutes

[11:08] and there's going to be a green

[11:11] light which starts three

[11:12] minutes.

[11:12] You have one minute remaining.

[11:15] The light will turn yellow and

[11:16] when the red light comes on you

[11:20] will be that you will be out

[11:20] of out of time.

[11:22] >> so at this time please come

[11:23] up if you have anything you

[11:23] want to discuss on the agenda

[11:26] or anything else you want to

[11:27] talk about related to the city,

[11:28] please come up and state your

[11:33] name and address for the record

[11:33] .

[11:37] Hello commissioners staff my

[11:38] name is david lannan and I

[11:41] reside at seventeen hundred

[11:42] section drive in new smyrna

[11:42] beach.

[11:46] I come before this panel to put

[11:49] on the record my concern and

[11:49] frustration about the current

[11:50] road conditions in the

[11:53] neighborhood I live in

[11:54] galilee's lisa creek vistas was

[11:57] approved and zoned residential

[12:00] by the city of new smyrna beach

[12:00] .

[12:01] It is a neighborhood like many

[12:04] other neighborhoods in new

[12:05] smyrna beach with one exception

[12:08] and that being saxen drive and

[12:12] its classification as an urban

[12:13] feeder.

[12:13] My neighborhood is home to

[12:16] people walking.

[12:17] Their dogs are just taking a

[12:17] walk.

[12:20] It is home to people riding

[12:21] bikes.

[12:24] It is home to people of all

[12:25] ages who work in the yards and

[12:27] who stopped to chat with others

[12:28] in the neighborhood.

[12:31] Well, my neighbors and I have

[12:32] to contend with it.

[12:32] No other neighborhoods in new

[12:35] smyrna beach are faced with is

[12:36] a city owned road that due to

[12:39] its classification has no

[12:40] deterrents to speeding.

[12:44] Police cannot patrol this road

[12:44] on a constant basis and when

[12:48] they do it is obvious there is

[12:49] a lot of speeding taking place

[12:51] given the amount of motorists

[12:51] they pull over.

[12:55] I would venture to say that if

[12:56] any member of this panel had to

[12:58] deal with the same issues as my

[12:59] neighborhood there would be

[13:03] changes made people should not

[13:03] have to fear using sidewalks or

[13:07] pathways from vehicle traffic.

[13:08] It is an indisputable fact that

[13:11] the population density is on

[13:14] the rise and will continue to

[13:15] rise in the future.

[13:18] A zone residential area in an

[13:18] urban theater are not

[13:22] compatible if the city has the

[13:23] power to create it also has the

[13:26] power to change its creation

[13:26] when necessary and for sachs

[13:30] and drive that time is now the

[13:32] northern part of from eleventh

[13:33] avenue to third avenue and or

[13:37] state road 44 is in desperate

[13:37] need of change.

[13:41] The speed limit at 25 miles per

[13:42] hour needs to be the goal not

[13:45] to suggestion I have in my hand

[13:48] the signatures on the traffic

[13:49] calming request form from a

[13:52] majority of homeowners on saxum

[13:53] from ninth avenue to the vacant

[13:56] lot across from the truest

[13:59] entrance residents are furious

[14:00] and they want something done

[14:01] before any more accidents take

[14:03] place.

[14:04] >> thank you for your time.

[14:05] Thank you MR. Landon.

[14:08] Is there anybody else for

[14:11] public participation?

[14:15] Ok, seeing none.

[14:16] I'm going to close public

[14:16] participation.

[14:19] Ok at this time I'm going to

[14:19] open up consent.

[14:23] is there any coommissioner free

[14:23] would you like to pull anything

[14:26] from the consent agenda?

[14:27] >> no thank you

[14:30] commissioner martin just have

[14:31] one question for seven be ok

[14:34] hold on but I'm going to do is

[14:35] have you have you pull it

[14:36] instead of just comments you're

[14:41] going to be you're nothing ok

[14:44] go ahead and and discuss

[14:45] seventeen.

[14:48] >> well it's just the question

[14:49] does the fec get half of the

[14:51] vacated property?

[14:52] I'm trying to understand if

[14:55] what I think about property

[14:56] vacation is accurate, that's

[14:56] all.

[14:59] >> so the railroad has an

[15:00] easement over the property.

[15:01] The property will be split to

[15:04] the landowner on both sides and

[15:07] I thought that what was your

[15:08] storage makes any other

[15:08] arrangements?

[15:09] That's what they're private

[15:09] matter.

[15:12] Ok, but that's what I was

[15:14] asking simply thank you.

[15:16] >> ok, you want to make a

[15:19] motion to approve that?

[15:19] >> sure.

[15:20] Motion to approve.

[15:23] Is there a second I second ok

[15:24] motion a second to approve item

[15:27] b city clerk coommissioner

[15:31] preened yes commissioner martin

[15:31] yes.

[15:32] Commissioner ashley yes.

[15:34] Vice mayor mcgirk yes.

[15:35] Item b consent agenda is

[15:38] approved now can I have a

[15:39] motion to approve on consent

[15:43] agenda item a b c d e g h I and

[15:46] j I'll make that motion second

[15:49] again city call the roll

[15:50] commissioner martin yes

[15:53] commissioner ashley yes.

[15:54] >> commissioner pareene yes.

[15:57] vice mayor mcgirk yes.

[16:00] >> consent agenda is approved.

[16:05] >> moving on to item nine quasi

[16:06] judicial hearings a quasi

[16:08] judicial hearing is set to be

[16:09] held to consider the approval

[16:12] of a special exception c three

[16:13] dash twenty five at thirteen

[16:16] eleven north dixy freeway to

[16:17] allow into our auto sales in

[16:19] the b three highway service

[16:23] district.

[16:24] >> jake, I think you're going

[16:27] to take this.

[16:28] Yes, we have a special

[16:31] exception request to allow

[16:32] indoor auto sales and the be

[16:35] three at thirteen where I

[16:39] forgot the address here at nc

[16:42] freeway between industrial park

[16:43] avenue and pine street park

[16:46] slide seven four three eight

[16:47] one four zero zero zero zero

[16:50] one zero thirteen eleven north

[16:51] dixie freeway.

[16:52] So here it is right here the

[16:55] little yellow spot there on the

[16:58] east side of U.S. One one large

[16:59] parcel two point five nine

[17:02] acres is b three surrounding

[17:05] areas also b three has

[17:06] underground exfiltration.

[17:09] The site was once the former

[17:09] mullinax dealership.

[17:11] So what these people want to do

[17:14] basically is take a portion

[17:15] of one of these buildings here

[17:15] and it's going to be indoor

[17:17] auto sales.

[17:18] So be nothing outside.

[17:19] It's kind of more on a high end

[17:22] collector luxury car side

[17:22] of things and going to be

[17:23] outside.

[17:24] You hardly know there's no cars

[17:25] being sold here.

[17:28] So special exception

[17:29] requirements that are for all

[17:30] special exceptions the

[17:33] requested use is listed among

[17:33] the special exceptions

[17:36] permitted in the district.

[17:37] Yes, this is b three.

[17:40] It is a criterion has been met

[17:41] as auto sales are allowed and b

[17:43] three special exceptions

[17:44] of course is useful that

[17:45] impaired the character of the

[17:47] surrounding or adjoining

[17:48] district or be detrimental to

[17:49] the public health care for

[17:52] morell's the property is

[17:52] developed as a car dealership

[17:56] originally this thing is going

[17:56] to be totally indoors.

[17:57] You really won't even know it's

[17:59] there this criterion has been

[18:00] met as well and adequate

[18:02] utilities access roads,

[18:03] drainage, sanitation are all

[18:07] available and again the site's

[18:08] been in use for four years.

[18:11] This criteria has been met as

[18:11] well.

[18:12] Here's kind of the cars that

[18:13] they have in there right now.

[18:14] They're stored there and he's

[18:15] not selling anything yet but

[18:16] kind of like I think a bentley

[18:18] and a ferrari they're and

[18:18] planning and zoning recommended

[18:22] five oh and we recommend as

[18:23] well with two conditions obtain

[18:26] a btr before theiness opens

[18:27] and the approval be good for

[18:30] two years or until they back

[18:31] the business tax receipt has

[18:31] been obtained.

[18:33] Any questions for me?

[18:33] >> thank you jay..

[18:36] Any questions for go ahead

[18:37] please correct me if I'm wrong

[18:41] I'm looking for klarik vacation

[18:44] but as I understand it granting

[18:45] a special exception would apply

[18:49] to all possible uses not

[18:52] necessarily just indoor cars.

[18:53] >> allow outdoor display

[18:56] of cars, rvs new in use because

[18:56] that's all it is.

[19:00] >> this is limited to indoor.

[19:01] That was his request.

[19:02] Yes, but if it's if somebody

[19:04] comes and he moves and the

[19:05] different business takes it

[19:11] over

[19:16] then the next person has

[19:17] to come in and do a new special

[19:17] exception.

[19:18] So are you telling me that the

[19:19] special exception follows the

[19:19] business is not the property

[19:20] you're wading through is a

[19:21] couple of years ago with the

[19:22] same site where someone came

[19:23] in, had it, sold it and then

[19:23] leave it was the campbells

[19:26] actually went through the same

[19:26] process before.

[19:27] >> so it it goes if they know

[19:30] it's gone.

[19:31] >> thank you for that

[19:32] clarification and it's indoors

[19:35] you limit to that as well.

[19:35] >> thank you.

[19:37] So ok any other questions for

[19:38] jake.

[19:39] >> ok at this time I'd like to

[19:41] give the opportunity does the

[19:42] applicant want to come up and

[19:46] say anything to them you can

[19:49] pass or you don't have to.

[19:55] Yeah well a question come up at

[19:56] this time we're going to go and

[20:02] hear from the applicant and go

[20:03] ahead and introduce yourself.

[20:06] >> it's dennis toweled 13 11

[20:10] north dixie freeway.

[20:11] >> I'll ltt any questions for

[20:13] the applicant

[20:14] commissioner assignee you're

[20:15] going to be in the business

[20:17] of selling luxury cars now our

[20:18] corporation owns the property

[20:21] so we're just trying to get

[20:22] that exemption granted.

[20:25] So for indoor car sales no

[20:26] outside display it's already in

[20:28] our lease.

[20:29] >> we don't allow any any

[20:33] particular genre of cars that

[20:33] we're talking about.

[20:34] >> I wouldn't want to commit to

[20:37] that right now and but we would

[20:40] not allow for our leases.

[20:41] Anything that's not operable

[20:42] cannot come in.

[20:45] They're damaged that lost

[20:45] everything.

[20:46] So we're very particular about

[20:48] that and we don't allow any

[20:49] outside display right now as it

[20:52] is in our I'm just curious why

[20:56] white wine?

[20:57] Oh, because we don't want used

[20:59] cars on the lot.

[21:01] >> ok, yeah so we're ok with

[21:03] someone coming in with a couple

[21:04] three cars and saying and their

[21:08] specialty cars and that type

[21:09] of thing that was my specialty.

[21:09] What does that mean.

[21:11] Specialty?

[21:13] >> well you know we have a lot

[21:15] of collectors here in the city

[21:16] and then we have a lot of high

[21:19] end market also in this city.

[21:20] >> I wouldn't call those used

[21:21] cars.

[21:23] I mean it sounds great with the

[21:24] two you just saw.

[21:27] >> those are probably between

[21:28] 80 and one hundred and twenty

[21:28] thousand dollars.

[21:31] So I mean those are unique cars

[21:35] but we're just only trying to

[21:36] let them sell inside because

[21:38] most cars are sold on the

[21:39] internet now they're not

[21:40] driving up and down you one and

[21:43] very going in, you know and so

[21:46] we don't really need that.

[21:47] I just think that we have a

[21:47] great location.

[21:48] We have all those bays in the

[21:49] back.

[21:50] No one we even know they're

[21:51] there other than if you look

[21:53] online and call a person and

[21:54] want to come look at the car.

[21:57] >> ok, any other questions for

[22:01] the applicant?

[22:02] >> ok, thank you very much.H.

[22:02] Thank you.

[22:05] At this time a commission that

[22:06] we'll hear from members of the

[22:06] public wishing to comment in

[22:09] favor of the opposition of the

[22:09] approval of said dash three

[22:13] dash twenty five at thirteen

[22:13] eleven north dixy freeway.

[22:16] >> any members of the public

[22:20] wish to do so?

[22:21] Ok, seeing none.

[22:22] I'm going to go ahead and close

[22:23] a quasi judicial hearing.

[22:28] >> does the city staff at the

[22:28] city staff or applicant have

[22:29] any further comments you want

[22:29] to make?

[22:31] >> ok, is there any further

[22:32] questions the city staff from

[22:35] the commission just one

[22:36] recommendation if you would

[22:38] like to tie it to this

[22:39] applicant I would make that a

[22:42] condition of approval.

[22:43] My understanding is it runs

[22:44] with the land.

[22:47] So in order to address that

[22:48] question I would recommend that

[22:54] approval of ok so at this time

[22:59] I'll ask for a motion I'll move

[23:02] to to approve with a condition

[23:03] that it runs with this specific

[23:07] business owner and the specific

[23:07] application.

[23:10] Yeah I'll second that.

[23:17] >> ok citicorp call the royal

[23:18] commissioner martin yes

[23:19] commissioner actually yes.

[23:21] Vice mayor mcgurk yes

[23:25] commissioner purring yes.

[23:25] >> thank you.

[23:26] Ok, the special reception at

[23:29] three twenty five located

[23:30] thirty seven north dixie

[23:32] freeway has been unanimously

[23:33] approved with condition that it

[23:36] is tied specifically to the

[23:40] ampligen at this particular

[23:44] business in this particular

[23:45] business in other words not the

[23:48] applicant later coming in and

[23:48] having arv's.

[23:49] >> yes.

[23:52] So I just want to make sure we

[23:52] were clear.

[23:55] >> yeah ok.

[23:59] >> I think that's clear.

[24:00] >> a public hearing will be

[24:00] conducted to consider the

[24:03] adoption of ordinance number

[24:06] two dash twenty sachs zero dash

[24:10] twenty sachs for dash twenty

[24:11] sachs regarding the annexation

[24:11] of property located at page

[24:18] avenue or or the go ahead

[24:21] ordinance to twenty sachs an

[24:22] ordinance of the city of new

[24:23] smyrna beach annexing fifteen

[24:25] point two plus or minus acres

[24:26] of property generally located

[24:26] south apage avenue east

[24:29] of trophy hunter trail

[24:30] providing for redefining

[24:30] boundaries of the city,

[24:33] designating the property within

[24:34] commission zone one providing

[24:35] for public hearing provided for

[24:37] required filings for running

[24:37] ordinances providing for

[24:38] severability and providing an

[24:41] effective date ordinance ember

[24:41] 03 2006 and ordinance of the

[24:45] city of new smyrna beach

[24:46] maintain the comprehensive plan

[24:48] changing the future land use

[24:49] designation of fifteen point

[24:49] two plus or minus acres

[24:52] of property generally located

[24:53] out the page avenue e of trophy

[24:54] hunter trail from volusia

[24:56] county urban medium intensity

[24:57] and environmental systems

[24:59] corridor to city conservation

[25:00] providing for amendment of the

[25:03] associated comprehensive plan

[25:04] maps to show the area

[25:05] incorporated into the city

[25:07] providing for public hearing,

[25:08] providing for conflicting

[25:09] ordinances and providing an

[25:11] effective date.

[25:12] Ordinance number four 2006 and

[25:13] ordinance of the city of new

[25:15] smyrna beach rezoning fifteen

[25:16] point two plus or minus acres

[25:19] of property generally located

[25:20] south apage avenue e of trophy

[25:21] hunter trail from volusia

[25:24] county rcr source corridor and

[25:24] are for urban single family

[25:28] residential airport relate to

[25:28] city seet conservation airport

[25:30] overlay zoning district

[25:31] conflicting ordinances

[25:32] providing for severability and

[25:35] providing an effective hi thank

[25:38] you city attorney bob you're

[25:40] yes or so the city is the owner

[25:40] of the property and we've

[25:43] requested a voluntary

[25:43] annexation of small scale

[25:45] comprehensive plan amendment

[25:46] change in the future land use

[25:47] categories from volusia county

[25:50] urban medium intensity and

[25:51] environmental service corridor

[25:54] also rezoning from volusia

[25:55] county zoning designation

[25:57] of our for urban single family

[25:58] residential and resource

[26:02] corridor with an attached for

[26:02] the airport identification zone

[26:03] to a city future land use

[26:06] category conservation and a

[26:07] city zoning designation

[26:10] of conservation and with an

[26:11] attached for the airport

[26:14] identification zone.

[26:15] >> so the undeveloped site

[26:15] contains approximately fifteen

[26:18] point two plus or on his acres.

[26:19] It's located on the south side

[26:22] of page avenue south the public

[26:26] shopping center and just east

[26:26] the terminal creek and at the

[26:30] regular schedule meeting on

[26:31] DECEMBER the 1st, 2025 the plan

[26:33] and zoning board voted seven to

[26:34] zero to give a positive

[26:37] recommendation to the city

[26:38] commission to approve the

[26:39] requested annexation small

[26:41] scale comprehensive plan

[26:42] imminent change in the future

[26:45] land use category to city

[26:46] conservation and rezoning to

[26:48] city conservation with an

[26:49] attached for the airport

[26:49] identification zone plan

[26:52] department also recommended

[26:53] city commission also approve

[26:53] the request annexation

[26:56] smallscale conference plan and

[27:00] rezoning and with that

[27:01] of provided a summary of the

[27:01] staff report of questions

[27:04] commissioners MAY have.

[27:05] Thank you bob.

[27:07] Questions comments for about ok

[27:08] thank you.

[27:08] >> thank you.

[27:11] At this time I'm going to open

[27:12] up for the public hearing.

[27:13] Is there anybody who would like

[27:18] to comment on this item?

[27:19] Ok, hearing seeing none.

[27:22] I'm going to close the public

[27:23] hearing, bring it back to the

[27:23] commission.

[27:26] >> this city commission want to

[27:26] adopt we're going to adopt each

[27:30] ordinance separately.

[27:31] So is there a motion to adopt

[27:32] the ordinance to dash twenty

[27:34] sachs some moved second cityy

[27:37] court by the royal

[27:38] commissioner pareene yes,

[27:38] commissioner martin yes

[27:39] commissioner.

[27:41] Actually yes.

[27:42] >> vice mayor mcgirk.

[27:43] Yes.

[27:43] Thank you.

[27:45] Ordinance number two that's

[27:45] twenty sachs has been adopted.

[27:46] Is there a motion for three

[27:52] twenty sachs the second city ah

[27:53] the royal commissioner pareene

[27:56] yes commissioner martin yes

[27:57] commissioner actually yes.

[28:00] >> vice mayor mcgirk yes

[28:01] ordinance number three that's

[28:04] twenty sachs has been adopted.

[28:04] >> is there a motion for

[28:05] ordinance for dasch.

[28:07] Twenty sachs some moved second

[28:08] city clerk called the roll

[28:12] commissioner martin yes

[28:12] commissioner actually yes

[28:13] commissioner pareene yes

[28:16] vice mayor mcgirk yes thank

[28:16] you.

[28:17] >> ordinance number four dash

[28:19] twenty sachs has been adopted

[28:20] we want a public hearing will

[28:24] be conducted to consider the

[28:25] adoption of ordinance number

[28:28] five twenty sachs sachs twenty

[28:28] sachs and seven twenty sachs

[28:29] regarding the annexation

[28:32] of property located on oliver

[28:33] drive city attorney will read

[28:36] by ordinance number five twenty

[28:36] sachs sachs twenty sachs and

[28:37] seven twenty sachs for the

[28:39] second time by title only

[28:39] ordinance number five twenty

[28:40] sachs an ordinance of the city

[28:43] of new smyrna beach and sixteen

[28:45] point two to plus or minus

[28:45] acres of property generally

[28:47] located on the west side

[28:48] of oliver drive north of liddie

[28:48] away providing for redefining

[28:51] boundaries the city designating

[28:52] the property within commission

[28:55] zone for providing for public

[28:56] hearing provided for required

[28:56] five lines providing for

[28:57] conflicting ordinances,

[28:59] providing for severability and

[29:00] providing an effective date

[29:03] ordinance no 006 twenty sachs

[29:04] an ordinance of the city of new

[29:04] smyrna beach immonen

[29:05] comprehensive plan changing the

[29:07] feature land use designation

[29:08] appoint to two plus or minus

[29:10] acres of property generally

[29:11] located on the west side

[29:12] of oliver drive north of liddie

[29:14] away from alutiiq county urban

[29:15] medium intensity to city medium

[29:18] density residential providing

[29:19] for amendment of the associated

[29:20] comprehensive plan maps to show

[29:23] the area incorporated into the

[29:23] city providing for public

[29:24] hearing provided for

[29:26] conflicting ordinances and

[29:26] providing an effective date

[29:27] ordinance.

[29:30] 076 an audience of the city

[29:31] of new smyrna beach rezoning

[29:32] point to two plus or minus

[29:34] acres of property generally

[29:35] located on the west side

[29:36] of oliver drive north of liddie

[29:38] away from volusia county are

[29:41] for a urban single family

[29:42] residential airport overlayed

[29:42] to city or to a single family

[29:46] residential airport zoning

[29:46] district providing for

[29:47] conflicting ordinances provided

[29:49] for severability and providing

[29:49] effectively.

[29:50] >> thank you, said attorney

[29:51] bob.

[29:53] You're up.

[29:54] Yes, sir.

[29:55] So the property owners have

[29:55] requested the volunteer

[29:57] annexation a small scale

[29:57] conference plan amendment

[29:58] change the future change

[30:01] category from blusher, urban

[30:04] medium intensity and arizonian

[30:05] from the volusia county zoning

[30:06] designation of our four urban

[30:06] single family residential

[30:08] within attatched for the

[30:09] airport hypothecation zone to a

[30:13] compatibles any future land use

[30:14] category of meeting density

[30:16] residential and a compatible

[30:17] city zoning designation of r to

[30:18] singleton residential with an

[30:20] attached for the airport height

[30:24] allocation zone so the

[30:24] undeveloped site does contain

[30:25] approximate zero point two to

[30:27] plus minus acres.

[30:32] Yeah also it's located on the

[30:32] west side of oliver drive just

[30:35] north of lydie away and it's an

[30:35] existing planted residential

[30:39] subdivision.

[30:40] >> so at its regular schedule

[30:40] meeting on DECEMBER 1st, 2025,

[30:43] the is zoning board voted seven

[30:44] to zero to give a positive

[30:44] recommendation to the city

[30:47] commission to approve the

[30:48] request of annexation small

[30:50] scale comprehensive plan to

[30:51] change the future land use

[30:52] category to city medium density

[30:55] residential and rezoning the

[30:56] city or to singleton

[30:58] residential with an attack for

[30:59] the airport identification

[30:59] zone.

[31:02] The planning department also

[31:03] recommends the city commission

[31:03] to approve the request

[31:05] annexation smallscale

[31:06] comprehensive plan amendment

[31:10] and a rezoning in provided a

[31:11] summary of the staff reports

[31:11] of any questions the

[31:14] commissioners MAY have.

[31:14] Thank you bob.

[31:15] Any comments or questions?

[31:17] Go ahead.

[31:18] I don't understand why the

[31:21] airport zoning I think is so we

[31:25] have airport notification was

[31:26] in the city where so many

[31:26] thousands of feet away from the

[31:29] airport if you're above three

[31:30] stories in height, you have to

[31:31] notify the faa to get approval

[31:31] for that.

[31:32] It's not near the airport.

[31:33] >> it's within so many

[31:36] thousands of feet of the runway

[31:36] .

[31:37] So we have a circle that goes

[31:40] around the city and is barely

[31:40] just into it.

[31:44] Ok, so if you want to build a

[31:45] four story or if your zoning

[31:46] allows you one three you have

[31:48] the faa has to be notified so

[31:51] they can put on the map, ok, ok

[31:52] ,no further comments from bob

[31:55] is the applicant here and does

[31:56] the applicant wish to say

[31:59] anything.

[32:00] >> ok seeing not seeing an

[32:03] applicant wishing to speak I'm

[32:04] going to open this up for

[32:07] public hearing.

[32:08] >> is anybody from the public

[32:10] wanting to comment on this item

[32:10] seeing none?

[32:12] I'm going to close a public

[32:15] hearing, bring it back up to

[32:18] the city commission is there a

[32:19] motion to adopt the ordinance

[32:22] five twenty sachs some moved

[32:23] second city court called the

[32:26] royal commissioner pareene yes.

[32:29] Commissioner martin yes

[32:30] commissioner actually yes.

[32:30] >> vice mayor mcgirk.

[32:31] Yes.

[32:31] Thank you.

[32:34] Ordinance number five twenty

[32:34] sachs has been adopted.

[32:37] Is there a motion to adopt

[32:38] ordinance number sachs twenty

[32:40] sachs so moved second city

[32:41] clerk called the roll

[32:44] commissioner ashleigh yes.

[32:45] Commissioner pareene yes

[32:46] commissioner martin yes.

[32:49] Vice mayor mcgurk yes.

[32:50] >> or it is number sachs twenty

[32:53] sachs has been adopted and is

[32:55] there a motion to approve seven

[32:56] twenty sachs I move to approve

[33:00] seven twenty sachs second city

[33:05] court commissioner pareene yes

[33:05] commissioner martin yes

[33:06] commissioner ashely yes

[33:08] vice mayor mcgirk yes thank you

[33:08] orrenius number seven twenty

[33:15] sachs has been adopted

[33:16] .

[33:16] >> a public hearing will be

[33:17] conducted to consider the

[33:20] adoption of an ordinance number

[33:21] eight twenty sachs which if

[33:21] adopted would rezone

[33:24] approximately point eight five

[33:27] plus acres of land to r to

[33:28] single family residential with

[33:31] in a attached for the airport

[33:32] height notifications for

[33:35] property located at seventeen

[33:36] zero one s dixie freeway city

[33:40] attorney avallone will read the

[33:41] ordinance number eight twenty

[33:43] sachs for the second time and

[33:44] by title only ordinance number

[33:45] eight 2006 an audience of the

[33:47] city of new smyrna beach

[33:48] rezoning point eight five plus

[33:50] or minus acres of property

[33:51] generally located on the west

[33:52] side of magnolia street between

[33:55] ninth and tenth street's

[33:55] address the seventeenth one s

[33:58] dixie freeway from city b three

[33:59] highway service business

[34:00] district airport overlayed to

[34:03] city r to a single family

[34:04] residential airport overlay

[34:04] zoning district writing for

[34:06] conflict ordinances, providing

[34:07] for severability and providing

[34:10] an effective date.

[34:10] All right.

[34:15] Off be back at it.

[34:15] >> come back up.

[34:16] Yes sir.

[34:18] So the property is located on

[34:19] south dixie freeway just north

[34:21] of tenth street across from the

[34:22] mcdonald's quick service

[34:22] restaurant.

[34:25] The property owners requested a

[34:26] partial rezoning from b three

[34:29] how we service business

[34:30] district to r to single family

[34:33] residential.

[34:34] There is commercial zoning to

[34:34] the west and there's

[34:37] residential zoning to the east

[34:40] north in the south.

[34:41] So I provided an existing

[34:44] zoning map and a proposed only

[34:45] map and as you can see on the

[34:46] current zoning map on the left

[34:48] side of the slide shows the

[34:49] entire parcel with a current

[34:52] zoning to be three which is

[34:53] highway service business

[35:00] district this the park was

[35:00] surrounded on three sides with

[35:03] the two single family zoning

[35:04] and the proposed johnny mathis

[35:04] located on the right side

[35:06] of the slide shows where the

[35:07] proposed are to single family

[35:11] zoning would be so in this

[35:14] slide provided the existing

[35:15] future land use map and as you

[35:19] can see on this map, the

[35:19] partial currently has two

[35:22] future land uses categories the

[35:23] property, the west side, the

[35:24] property that contains the

[35:27] credit union has no future land

[35:27] use category of commercial by

[35:28] the undeveloped half of the

[35:31] property as a future land use

[35:32] category of low density

[35:33] residential.

[35:38] So I provided a copy of the

[35:39] 1925 plant and I highlighted

[35:41] the five planted lots.

[35:42] >> this would be the area where

[35:43] the property owners requested a

[35:48] change in the zoning.

[35:49] So the property owner also

[35:50] provided a survey of the

[35:52] property and the survey does

[35:53] show that the entire bank

[35:55] operation is west of the

[35:56] planted lots.

[35:57] >> that's part of this rezoning

[35:59] request.

[36:01] >> so I was able to find the

[36:01] original site plan for the

[36:03] credit union in 1975 when this

[36:04] site was originally drafted.

[36:07] The original bank was the first

[36:11] federal savings and loan.

[36:12] >> we also found the original

[36:14] landscaping and drainage plan

[36:15] and with this slide you can see

[36:19] that the plan originally was to

[36:20] send the stormwater to the east

[36:21] in the underdeveloped area.

[36:25] >> the partial in the bank

[36:26] submitted a revision and

[36:26] decided to keep the stormwater

[36:30] on site and with the area of a

[36:31] bank in place a berm and

[36:36] vegetation buffer.

[36:37] >> and by and large in this

[36:40] plan you can see the revised

[36:41] stormwater vegetation plan

[36:44] showing that the areas of the

[36:45] drain is built back onto the

[36:47] property itself.

[36:51] So this area does show some

[36:52] of the stormwater inlets that

[36:52] are to the underground

[36:54] stormwater collections storage

[36:58] area and when the planning

[36:59] department receives an

[37:02] application for rezoning, staff

[37:05] must review that application

[37:06] for consistency with the city's

[37:10] comprehensive plan and the

[37:11] city's land development plan.

[37:11] So after reviewing this

[37:13] application it's the city's

[37:14] comprehensive plan staff would

[37:15] propose that the application

[37:18] would be consistent with the

[37:18] following future use land

[37:21] element low density residential

[37:22] category.

[37:25] It would be consistent with the

[37:26] future land use element goal

[37:27] number two which is the general

[37:29] land use pattern.

[37:30] >> they'd be consistent with

[37:33] the future land use element

[37:34] goal number two objective one

[37:35] which is the future land use

[37:38] map and it would be consistent

[37:40] with the future land use

[37:41] ultimate goal number four

[37:43] objective one nonresidential

[37:47] uses.

[37:48] So after reviewing the

[37:49] application gets the city's

[37:51] land development regulation.

[37:52] The two zoning districts have

[37:53] major differences.

[37:55] The current three how we

[37:56] service business district does

[37:57] not allow for single family

[38:00] homes as a permitted use.

[38:03] The current three are service

[38:04] business district does allow

[38:07] more intense five foot front

[38:08] and side building set backs

[38:11] with a ten foot building set

[38:11] back.

[38:14] The proposed are to single

[38:15] family zoning district allows

[38:16] single family homes as a

[38:19] permitted use with very limited

[38:22] commercial uses.

[38:23] Also the proposed are to say

[38:23] within residential district

[38:26] requires a 30 foot front yard

[38:26] set back with a seven and a

[38:28] half foot side and very arched

[38:32] back so staff would also review

[38:36] of a change in the zoning would

[38:36] affect adjacent or closely

[38:39] related neighboring properties

[38:40] .

[38:40] The neighboring properties to

[38:41] the north, south and east are

[38:44] already zoned or to single

[38:45] family residential and the

[38:47] change would limit any type

[38:48] of large scale commercial

[38:48] development.

[38:51] It would allow a small scale

[38:52] residential development.

[38:53] So we feel that this request

[38:56] MAY stabilize the existing

[38:59] residential neighborhood.

[39:00] So in summary the property

[39:03] owners requested that the E.S.

[39:04] That a property that contains

[39:07] plotts one three five be owned

[39:08] to our two single-file

[39:08] residential the future land use

[39:11] is already agency residential

[39:12] so the art would be compatible

[39:15] to that future links if

[39:19] approved the property owner

[39:20] wishes to separate those five

[39:20] planted plots and develop those

[39:25] lightwood single family homes

[39:26] so it is better to schedule a

[39:26] meeting back on DECEMBER the

[39:29] first twenty twenty five the

[39:30] plan the zoning board voted

[39:30] seven to zero to give a

[39:33] positive recommendation to the

[39:34] city commission to approve the

[39:35] request a change to or two

[39:37] single in residential and after

[39:40] the plan apartments valuation.

[39:41] >> we've also determined that

[39:42] the zoning request would be

[39:44] consistent with the

[39:45] comprehensive plan and the land

[39:48] available regulations and since

[39:49] the request is only would allow

[39:52] for single homes the zoning

[39:53] would stabilize the existing

[39:53] residential neighborhood.

[39:55] The plain apartment also

[39:56] recommends commission to

[39:57] approve the request a change to

[40:00] be consistent with neighboring

[40:01] properties.

[40:01] With that as a summary of the

[40:04] staff report such a request the

[40:05] commissioner's behalf.

[40:07] >> thank you bob.

[40:08] >> any questions or comments

[40:08] from bob?

[40:11] I'm just verifying to simplify

[40:12] that the property along U.S.

[40:16] One will remain b three a for

[40:18] commercial or business and the

[40:19] portion of the property already

[40:22] facing current family homes

[40:23] will be resolved to single

[40:27] family residential that is

[40:27] correct thank bankside will

[40:28] stay b three in commercial the

[40:30] undeveloped site will be

[40:34] residential in single family.

[40:35] Will you go back to page twenty

[40:38] three and elaborate on the said

[40:39] the buyer the seven lawns what

[40:42] did you say about that in the

[40:42] property.

[40:43] Well there's currently five

[40:45] locks so they could divide

[40:46] those five locks and have five

[40:48] individual homes or they could

[40:49] do any combination so if they

[40:50] wanted to do three homes they

[40:52] could do a lot and half.

[40:53] >> that's really up to the

[40:54] property owner that kolody owns

[40:55] the property he's going to

[40:57] market those odds.

[40:57] >> hello.

[40:58] I'm sorry I didn't mean to

[41:01] interrupt.

[41:02] He's going to market those to

[41:03] be sold to a hopefully a local

[41:04] builder with the the

[41:08] differences with the stormwater

[41:09] impact versus leaving as a

[41:12] commercial.

[41:13] >> well, if you leave it as

[41:13] commercial they could develop

[41:15] that side as commercial a

[41:16] totally independent from the

[41:16] bank so you'd have to could

[41:17] have another commercial

[41:19] building with its own

[41:20] stormwater system.

[41:20] It's too small.

[41:23] I have potential answer though.

[41:24] I have to do an underground

[41:27] system like the bank did but

[41:28] then you'd have that commercial

[41:28] build would be facing all those

[41:31] restaurants at home so since

[41:31] his request to make the change

[41:32] we're going to support that

[41:35] change so that we the

[41:35] homeowners would face a new

[41:36] homes instead of a possible

[41:38] commercial building in the big

[41:39] three has a lot of uses from

[41:43] tavern's restaurants to, you

[41:46] know, service centers for cars

[41:47] and so we'd like to limit those

[41:50] we support him sort of just

[41:51] went through this with a

[41:54] different situation and the

[41:58] owners had a problem finding a

[41:58] future use.

[42:02] >> the commercial has this

[42:03] owner had a problem with that?

[42:06] Is that why they're asking to

[42:07] revert that to residential and

[42:09] that's a good question.

[42:13] >> so he's when came to us he

[42:14] feels he just purchased a

[42:14] property within the last couple

[42:15] of years and now the bank is a

[42:17] tenant.

[42:18] This should have been the

[42:18] property owner.

[42:19] So I think to read that some

[42:21] of his investment he's looking

[42:22] to sell for residential to

[42:25] recoup some of this cost and

[42:28] pay for the properties and one

[42:29] more thing I mean since we just

[42:33] went through this property tax

[42:36] situation, I see it's similar

[42:37] that we're reporting from

[42:40] commercial residential

[42:41] understands words.

[42:44] >> there's so much pushback on

[42:45] the other and not this and I

[42:46] understand the seminar versus

[42:49] what we just went through.

[42:49] >> so even though the

[42:51] applications sound similar,

[42:52] they're actually two separate

[42:53] differences for this property.

[42:56] It already has a future land

[42:57] use of low density residential.

[43:00] So even ahead of commercial

[43:01] zoning if they want to do a

[43:01] commercial project they would

[43:03] have to do a complaint

[43:04] amendment to change it to

[43:08] commercial so really the

[43:09] current genre of b3 is

[43:09] incompatible with that

[43:12] ladieswear where the other

[43:12] application had to do both.

[43:15] They had to go from residential

[43:15] to commercial and they had to

[43:18] do a zoning from our opposite.

[43:19] They had to do commercial

[43:22] residential and to a zoning for

[43:23] commercial to residents with

[43:24] this one the future land use is

[43:24] already in place.

[43:27] It's the zoning that's now

[43:27] incompatible.

[43:28] >> thank you.

[43:30] I thought that was very

[43:30] important from that

[43:31] clarification to public.

[43:34] >> thank you to MR. Ashley.

[43:38] Any questions?

[43:39] >> it sounds like a good idea

[43:39] to me.

[43:39] All right.

[43:42] So I think he's a neighbor

[43:42] living across the street there.

[43:44] >> I say it's a good idea so

[43:45] that's what we've received from

[43:46] the neighbors.

[43:47] >> so I have a few comments on

[43:49] this bob.

[43:49] Our problem on U.S. One has

[43:52] always been we took home lots

[43:53] which were our commercial home

[43:57] homesites, lots of residential

[44:01] lots which arterial commercial

[44:04] road and you know that we have

[44:08] split those up sometimes

[44:08] exactly what we're doing here

[44:09] which is half of the block is

[44:12] going to be commercial in the

[44:13] back half of the property is

[44:16] going to be residential the

[44:17] back of whatever road is in the

[44:17] back of it.

[44:19] >> what it's created is

[44:20] properties too small to be

[44:24] developed commercially.

[44:25] >> so we're doing this we're

[44:27] river actually potentially

[44:31] creating the problem that this

[44:31] property actually doesn't have

[44:35] in that the whole thing of the

[44:36] whole lot is right now be three

[44:39] commercial once we make this

[44:42] change is any of the existing

[44:43] commercial building going to be

[44:47] on conforming well so in the

[44:47] three zoning you're required to

[44:51] have a ten foot rheostat back

[44:51] from commercial and residential

[44:54] so there's no additional

[44:54] requirement for landscaping or

[44:55] set back like in other

[44:58] commercial districts.

[44:59] >> so so in this case it would

[45:01] be compatible.

[45:02] >> so I'm not talking yet from

[45:03] the commercial to the

[45:03] residential.

[45:05] I'm talking about the

[45:09] commercial use the frontage on

[45:10] U.S. One just the commercial.

[45:13] >> so if someone else wanted

[45:14] the bank decided to leave and

[45:15] and someone and a different

[45:18] business want to come in, are

[45:18] all of the current designs

[45:22] conforming when we make this

[45:22] change?

[45:23] So is the front yard set backs,

[45:25] the parking spaces off of U.S.

[45:26] One are those conforming so all

[45:28] of those conforming because

[45:29] front yard set back can be

[45:30] three is five feet and they're

[45:31] more than five because they

[45:33] have drive that runs across the

[45:34] fro all the side in the

[45:37] front and the rear that backs

[45:37] would still be conforming even

[45:38] with this rezoning application.

[45:40] >> ok, great thank you.

[45:42] At this time I'd like if the

[45:45] applicant is here and would

[45:45] like to speak applegate can

[45:46] come up.

[45:46] It's up to you.

[45:50] You go ahead and come up here.

[45:51] >> come on up.

[45:54] We'll find out just a second

[45:55] please state your name.

[45:58] >> my name's jeff allen.

[45:59] >> I own the property since

[46:02] twenty nineteen currently has

[46:03] the space coast credit union on

[46:04] it.

[46:05] They're a tenant.

[46:10] >> they are they have no no

[46:13] issue with this.

[46:14] In fact I'm working up a new

[46:18] lease to represent the property

[46:18] as it's going to be when it's

[46:19] split.

[46:21] Hopefully and there's no issue

[46:25] with ingress or egress or

[46:29] they're parking we're going

[46:30] through all that with them and

[46:33] and so there's nothing that I'm

[46:33] aware of that would impede them

[46:36] to continue doing the business

[46:40] as possible as it's being done

[46:41] today.

[46:44] So other than that there one

[46:45] question I did hear was did the

[46:48] owner try to want to do

[46:49] something commercially and

[46:50] couldn't so it did residential

[46:52] that wasn't the case at all.

[46:56] We realized that this property

[46:57] is two acres and it's split in

[47:00] the credit union has had some

[47:03] issues over the last few years

[47:04] the storms and having to

[47:07] maintain all those trees and

[47:07] that type of thing.

[47:08] So they're happy to not have to

[47:11] pay taxes on and maintain it

[47:12] and and that sort of thing.

[47:16] So it's kind of a win win for

[47:19] everybody and I think we had

[47:20] quite a few residents or

[47:20] several residents here during

[47:22] the planning meeting that

[47:27] expressed their their happiness

[47:28] that it was going to become

[47:28] residential and there wasn't

[47:30] any any commercial going to be

[47:31] built on that site on the

[47:31] magnolia street side.

[47:38] So ok, I just want to make you

[47:39] finish what you're saying.

[47:39] Yeah, ok.

[47:46] At this time questions

[47:50] go ahead

[47:51] coommissioner A.M..

[47:51] >> yes.

[47:52] Do you have any renderings yet

[47:53] or do you have an idea of what

[47:54] exactly each lot we know would

[47:54] be put on?

[47:55] I'm not a developer so I'm

[47:56] probably going to pass it on to

[47:56] to somebody that wants to build

[47:57] some homes there.

[47:58] That's that's that's my plan

[48:00] right now.

[48:01] I MAY I MAY end up building

[48:05] some homes but I really don't

[48:06] want to get into that business.

[48:09] I I know that in the area there

[48:12] are quite a few vacant lots

[48:13] being developed right now with

[48:15] developed with builders and

[48:16] it's you know, I have a

[48:19] question for would that

[48:20] decision have to come back

[48:23] before us?

[48:24] In other words, if somebody

[48:25] wanted to build a three story

[48:28] apartment there, a condo and

[48:29] then a house or if they want to

[48:31] build something, it's in

[48:32] conformity with zoning and

[48:35] subdivision regulations, they

[48:36] wouldn't have to come back.

[48:39] >> ok, so what visioning is

[48:43] what we saw that that bobby did

[48:44] with his idea.

[48:48] You know if that and I have

[48:48] that in my mind about what

[48:49] these adjacent lots that you

[48:52] owned would look like you know,

[48:52] I don't know if you saw what

[48:53] happened.

[48:56] Uh that thirteen hundred south

[48:59] atlantic and what's interesting

[49:03] ,you know well it was the the

[49:04] the area was zoned commercial

[49:06] forever and it stayed empty and

[49:10] MR. Luthor came before us and

[49:11] had a plan to do some very nice

[49:15] residential homes and the

[49:15] rendering look great.

[49:18] And so I'm trying to envision

[49:19] uh what might go there.

[49:20] >> I think it's a good idea.

[49:21] Yeah.

[49:23] I think it's a good idea.

[49:24] >> yeah.

[49:27] I like I said, I'm probably not

[49:27] going to develop it.

[49:30] I would assume the whoever does

[49:31] has to come before you guys

[49:34] like the city manager said if

[49:38] there's going to be any

[49:39] variance for me it'd be a

[49:40] proper procedure with the

[49:41] property seizure with the

[49:41] behind the buildings at that

[49:45] point I do have yesterday a new

[49:49] survey was done and and corey's

[49:50] going to do a survey for me

[49:53] next week to for each of the

[49:54] five plighted lotte's

[49:57] individually utilities are

[49:58] there all the everything is

[50:00] there but that's it.

[50:04] Ok, just a reminder that the

[50:08] rezoning goes with the land,

[50:09] not just any site planned not

[50:12] to be specific development.

[50:15] It just rides with the land.

[50:16] >> that's all coommissioner

[50:19] bring any question for the

[50:20] applicant and the only thing

[50:21] that I'd mentioned to you is

[50:24] you MAY have picked up on when

[50:27] I was talking to staff right

[50:27] now you have a sizable

[50:28] commercial property and that

[50:31] will be reduced significantly.

[50:32] So what you will be able to do

[50:35] with that commercial property

[50:36] will be limited in the future.

[50:38] So you have what you have and

[50:42] luckily with this change you're

[50:43] still be conforming which which

[50:46] is good but you will obviously

[50:47] limit whatever future

[50:47] commercial uses will go there

[50:50] simply by the size of the land.

[50:51] >> right.

[50:57] Ok, no with no further comments

[50:58] to the applicant I'm going to

[51:01] take an opportunity now to open

[51:02] a hearing up to the public.

[51:03] Is there anybody from the

[51:03] public who would like to speak

[51:07] on this item?

[51:08] Ok, see nobody from the public

[51:12] I'm going to close the public

[51:15] hearing portion and if there's

[51:19] any other if we have any more

[51:20] questions for the applicant or

[51:27] staff, ok, thank you.

[51:28] >> all right.

[51:29] Is there a motion to adopt

[51:30] ordinance number eight twenty

[51:32] sachs some moved second city

[51:35] clerk call the roll

[51:36] coommissioner martin yes

[51:38] coommissioner pareene yes.

[51:39] >> coommissioner ashley yes.

[51:42] Vice mayor mcgirk.

[51:43] >> yes, thank you.

[51:44] Ordinance number eight twenty

[51:46] sachs has been adopted.

[51:47] Moving on to audiences first

[51:50] reading city attorney avallone

[51:51] please read the ordinances

[51:52] number nine twenty sachs ten

[51:55] twenty sachs eleven twenty

[51:55] sachs by title only for its

[51:59] first reading ordinance number

[52:00] nine twenty sachs an ordinance

[52:00] of the city of new smyrna beach

[52:02] and sixty five plus or minus

[52:03] property generally located

[52:03] south apage avenue east

[52:05] of trophy hunter trail

[52:06] providing for redefining

[52:07] boundaries of the city

[52:10] designating the property within

[52:11] commission zone one providing

[52:11] for a public hearing provided

[52:14] for require filings running for

[52:15] kolody ordinances provide for

[52:15] several city and providing an

[52:18] effective date ordinance number

[52:18] ten twenty sachs an ordinance

[52:19] of the city of new smyrna beach

[52:21] amending comprehensive plan

[52:22] changing the future land use

[52:25] designation of five plus or

[52:26] minus acres of property

[52:26] generally located south apage

[52:29] avenue e trophy hunter trail

[52:30] from volusia county urban low

[52:33] intensity urban medium

[52:34] intensity and environmental

[52:34] systems corridor to city

[52:37] conservation in providing for

[52:38] amendment of the associated

[52:41] comprehensive plan maps to show

[52:42] the area incorporated into the

[52:42] city providing for public

[52:45] hearing provided ordinances and

[52:45] providing an effective date

[52:49] ordinance no.

[52:50] Eleven twenty sachs an

[52:53] ordinance of the city of new

[52:54] smyrna beach rezoning five plus

[52:54] or minus acres of property

[52:57] generally located south apage

[52:58] avenue e of trophy hunter trail

[53:00] from volusia county arcy

[53:01] resource corridor arwani urban

[53:05] single family and are for urban

[53:05] single family residential

[53:06] airport overlay to city seei

[53:09] conservation airport overlay

[53:10] zoning district providing for

[53:12] conflicting ordinances,

[53:13] providing for severability and

[53:13] providing an effective date.

[53:14] All three of those public

[53:16] hearings will be held on

[53:17] FEBRUARY 10th 2026.

[53:17] >> thank you.

[53:20] City attorney please read

[53:21] ordinances number 12 twenty

[53:22] sachs thirteen twenty sachs and

[53:25] fourteen twenty sachs by titlele

[53:25] only for its first reading

[53:29] audience no twelve 26 an

[53:29] audience of the city of new

[53:30] smyrna beach and I see four

[53:33] point five plus or minus acres

[53:34] of property generally located

[53:35] south of page avenue east

[53:36] of ruby hunter trail providing

[53:36] for redefining boundaries

[53:37] of the city designated in the

[53:40] property within commission zone

[53:40] one providing for public

[53:43] hearing provided for required

[53:44] filings, providing for

[53:44] conflicting ordinances,

[53:45] providing for severability and

[53:47] providing an effective date

[53:48] ordinance number thirteen

[53:51] twenty sachs and of the city

[53:52] of new smyrna beach amending

[53:53] the comprehensive plan changing

[53:53] the feature land use

[53:55] designation four point five

[53:56] plus or minus acres of property

[53:59] generally located south of page

[54:00] avenue e of trophy hunter trail

[54:01] from volusia county urban

[54:03] medium intensity to city

[54:03] conservation providing for

[54:04] amendment of the associated

[54:07] comprehensive plan maps to show

[54:08] the area incorporated into the

[54:10] city provided for public

[54:11] hearing, provided for

[54:12] conflicting ordinances and

[54:12] providing an effective date

[54:14] ordinance number fourteen

[54:15] twenty sachs an ordinance

[54:16] of the city of new smyrna beach

[54:19] rezoning four point five plus

[54:20] or minus acres of property

[54:20] generally located south of page

[54:23] avenue e of trophy hunter trail

[54:25] from volusia county are for a

[54:26] urban single family airport or

[54:27] related to city c a

[54:29] conservation airport overlay

[54:30] zoning district providing for

[54:31] conflicting ordinances,

[54:33] providing for severability and

[54:34] providing an effective date.

[54:35] All three of these public

[54:38] hearings will be held on

[54:38] FEBRUARY 27th, 2026.

[54:39] >> thank you.

[54:42] City attorney please read

[54:43] ordinances number twelve twenty

[54:43] sachs thirteen twenty sachs and

[54:46] fourteen twenty sachs by title

[54:47] only for first reading

[54:50] ordinance number fifteen twenty

[54:51] sachs an ordinance in the city

[54:52] of new smyrna beach annexing

[54:54] two point eight plus or minus

[54:55] acres of property generally

[54:57] located south of alster drive

[54:58] east of corvin park road

[54:58] providing for redefining

[55:01] boundaries of the city

[55:02] designating the property within

[55:05] commission zone one providing

[55:05] for public hearing provided for

[55:06] required filings.

[55:07] Providing for conflicting

[55:08] ordinances providing for

[55:09] severability and providing an

[55:10] effective date.

[55:13] Ordinance number sixteen 2006

[55:13] and ordinance of the city

[55:14] of new smyrna beach amending

[55:17] the comprehensive plan change

[55:18] in the future land use

[55:18] designation of two point eight

[55:21] plus or minus acres of property

[55:21] generally located south

[55:24] of doster drive east corvin

[55:24] park road from volusia county.

[55:25] Urban low intensity and

[55:28] environmental systems corridor

[55:29] to city conservation providing

[55:29] for amendment associated

[55:32] comprehensive and maps to show

[55:33] that you're incorporated into

[55:34] the city providing for public

[55:36] hearing provided for ordinances

[55:37] and providing an effective date

[55:40] ordinance no 1724 sachs and

[55:41] ordinance of the city of new

[55:42] smyrna beach rezoning two point

[55:44] eight plus or minus acres

[55:45] of property generally located

[55:48] south of dorsetshire drive east

[55:49] korbin park road from english

[55:49] county arcy resource corridor

[55:52] airport overlay an r for async

[55:56] urban single family airport or

[55:57] relate to city c a conservation

[55:59] airport overlay zoning district

[56:00] providing for conflicting

[56:00] ordinances, providing for

[56:01] survivability and providing an

[56:03] effective.

[56:04] >> all three of those public

[56:05] hearings will be FEBRUARY 10th

[56:07] twenty twenty sachs city

[56:08] attorney I think you were

[56:11] reading number eighteen twenty

[56:12] sachs on first reading.

[56:15] >> well ordinance number 1826

[56:15] and ordinance in the city

[56:18] of new smyrna beach.

[56:19] >> many in the land development

[56:22] regulations amending article ex

[56:22] subdivisions section one

[56:23] thousand seven plot

[56:26] requirements section one

[56:27] thousand eight preliminary plot

[56:30] and plans approval in section

[56:31] one thousand nine final plot

[56:34] and development plan approval

[56:35] rating for codification

[56:35] provided for public hearing

[56:36] approved overexploiting

[56:38] ordinances providing an

[56:39] effective date.

[56:39] Second reading public hearing

[56:42] will be FEBRUARY 2026.

[56:45] >> thank you city attorney

[56:46] please read order summer

[56:47] nineteen twenty sachs by title

[56:49] only for his first reading word

[56:50] in summer 1926 an ordinance in

[56:53] the city of new smyrna beach,

[56:54] florida amending chapter

[56:55] seventy streets and sidewalks

[56:57] and other public places article

[56:58] one in general to add section

[57:01] seventy sachs sleeping to

[57:02] prohibit sleeping on public

[57:02] streets, alleys, sidewalks and

[57:03] rights away providing for

[57:06] codification and providing for

[57:07] public hearing provided for the

[57:07] ordinances running for several

[57:09] and providing an effective

[57:10] date.

[57:10] Second reading and public

[57:13] hearing will be FEBRUARY 10 20

[57:13] 26.

[57:16] >> thank you city attorney

[57:17] moving on the boards and

[57:20] commissions 12 we have the

[57:21] animal control board.

[57:24] I think what we did was city

[57:25] clerk is going to be looking

[57:26] for us.

[57:27] >> we temporarily approved

[57:28] three to the JANUARY twenty

[57:32] three to temporarily and city

[57:35] clerk I think you want us to

[57:36] move approve those three to the

[57:40] JANUARY twenty twenty eight

[57:43] twenty twenty eight date so yes

[57:44] at their last meeting that we

[57:45] brought to you applicants

[57:48] because we need to have a

[57:49] hearing that was going to be

[57:51] appealed and the last meeting

[57:52] we asked for a temporary

[57:53] extension for three members so

[57:56] the clerk's office is now

[57:57] seeking to go ahead and fully

[57:59] appoint five members tonight to

[58:00] fulfill the board consistency

[58:03] for the animal control board.

[58:04] So my first motion I'm looking

[58:07] for is the three members that

[58:11] we did the 30 day extension to

[58:11] ask for an extension so that

[58:14] they can fulfill their two year

[58:15] terms until the JANUARY 28,

[58:19] 2012 eight term extension.

[58:22] >> so that would be member engo

[58:23] member diana hoffman and

[58:29] veterinarian robert leonard.

[58:30] >> so I'm just looking for

[58:34] motion I'd like to make that

[58:36] motion a second I second call

[58:37] the roll commissioner pareene

[58:40] yes.

[58:41] Commissioner martin yes.

[58:41] Commissioner ashely yes.

[58:44] Vice mayor mcgirk yes.

[58:48] >> ok so now we have to

[58:49] consider MISS Jane mcgrady's

[58:52] who is an animal owner.

[58:53] She's asked to be considered to

[58:54] serve another term she has

[58:57] served one term and she would

[58:57] like to be reappointed as an

[59:00] animal owner or we have two

[59:01] other animal owners that are

[59:03] presented to you that would

[59:04] like to be considered for an

[59:05] appointment to the animal

[59:05] control board.

[59:07] So it's the commission's

[59:08] pleasure to either reappoint

[59:12] jane mcgrady for a second termm

[59:15] or to select karen o'leary

[59:16] o'leary or clayton crane as the

[59:19] animal owner to fill the

[59:20] vacancy on the animal control

[59:23] board has MISS Mcgrady been a

[59:23] good participant?

[59:27] Yes, and she's going to serve

[59:27] yes.

[59:28] >> she's willing to serve

[59:28] again.

[59:31] Ok, is there anyone want to

[59:34] make a motion for MISS Mcgrady

[59:35] or nominate someone else?

[59:38] I will make a motion to approve

[59:39] mcgrady and I'll second that

[59:42] city clerk on the roll

[59:46] coommissioner martin yes.

[59:47] Coommissioner actually yes.

[59:48] Vice mayor mcgirk yes.

[59:50] Coommissioner yes.

[59:50] Thank you.

[59:53] And then one and final the

[59:54] final qualification or

[59:54] composition for the board is a

[59:57] non animal owner.

[59:59] We have two non animal animal

[59:59] owners who are willing to serve

[1:00:02] on the board.

[1:00:03] >> that's pat weber sones and

[1:00:05] julie strickland.

[1:00:06] So it's commission's pleasure

[1:00:08] to pick one non animal owner to

[1:00:09] serve on the board any

[1:00:10] nominations?

[1:00:13] >> julie strickland and I'd

[1:00:14] second that ok and I will call

[1:00:17] role commissioner brene.

[1:00:17] Yes, commissioner martin.

[1:00:21] Yes.

[1:00:22] >> commissioner ashley.

[1:00:22] Yes.

[1:00:22] Vice mirrabooka.

[1:00:23] Yes.

[1:00:24] thank you, MISS Trickle into

[1:00:25] the animal control board.

[1:00:25] >> thank you.

[1:00:26] And that's all for today.

[1:00:29] Also I am advertising for the

[1:00:30] open position on the utilities

[1:00:32] commission.

[1:00:33] We will keep that advertisement

[1:00:34] for this meeting in the next

[1:00:35] meeting.

[1:00:36] The applications will be

[1:00:36] emailed to you for your

[1:00:37] reference and review and we can

[1:00:40] expect that on which meeting

[1:00:43] right now it's the last meeting

[1:00:44] in MARCH will present them to

[1:00:47] be appointed to the board.

[1:00:47] Ok, great.

[1:00:48] Thank you city clerk.

[1:00:48] You're welcome.

[1:00:49] All right.

[1:00:51] Moving on to

[1:00:56] commissioner comments I'll

[1:00:59] start with commissioner pareene

[1:00:59] .

[1:01:00] >> thank you.

[1:01:01] Um, I just thought we had a

[1:01:03] great turnout to police the

[1:01:04] league of cities this week.

[1:01:07] It was a oakhill and

[1:01:08] mayor rikki taylor did a

[1:01:08] fabulous job at goodrich's.

[1:01:11] They did at this time seafood

[1:01:12] was excellent.

[1:01:15] We had an excellent speaker

[1:01:16] named holly smith and she was a

[1:01:19] pass mayor of sanibel island

[1:01:23] and she gave an amazing report

[1:01:24] on how the hurricane took out

[1:01:27] their bridge and how the

[1:01:28] residents how to deal with that

[1:01:32] impact of not being able to get

[1:01:32] to their own homes and the

[1:01:35] island so she gave a lot

[1:01:36] of good pointers about that

[1:01:36] disaster relief.

[1:01:39] I hope we never have to go

[1:01:39] through that.

[1:01:42] But it was a very good

[1:01:43] solution.

[1:01:44] league of cities and the last

[1:01:47] thing I have I just want to

[1:01:47] remind everyone that we have

[1:01:50] our homeless shelter mayor's

[1:01:54] event on FEBRUARY 7th on

[1:01:55] saturday night it's at sachs

[1:01:58] P.M. At the hilton daytona

[1:01:58] oceanfront resort.

[1:02:01] I hope to see everyone there

[1:02:01] great.

[1:02:05] >> commissioner martin, um,

[1:02:09] just saying inspiring speakers

[1:02:10] ,good music and dance at the

[1:02:11] babe james center where a

[1:02:14] lovely tribute to martin luther

[1:02:18] king JR. And was also nice to

[1:02:18] see a good turnout for the

[1:02:20] crimson cares charity

[1:02:21] fundraiser benefiting the

[1:02:24] police foundation and I hope

[1:02:25] the entire staff of the msb

[1:02:29] feel supported by the nsb

[1:02:32] community images with fabulous

[1:02:33] as always and notably the

[1:02:37] beloved band brought together

[1:02:40] all different segments of our

[1:02:45] local community poor rich, red,

[1:02:45] blue everybody found common

[1:02:49] ground and it was so beautiful

[1:02:52] to see everybody on this common

[1:02:53] ground singing together and

[1:02:56] dancing together.

[1:02:57] So many thanks for the beloved

[1:03:01] band I was also delighted by

[1:03:01] the removal of the cordaro

[1:03:04] civic center and want to put a

[1:03:05] big thank you out to directors

[1:03:08] rob salazar, david ray and all

[1:03:11] the staff that made it happen.

[1:03:12] And finally I would like to

[1:03:15] remind my fellow commissioners

[1:03:16] variances, reasonings and

[1:03:19] special exceptions follow the

[1:03:20] land correct.

[1:03:23] >> not the current owner, not

[1:03:25] the site plan that the proposed

[1:03:27] use just the property that yes,

[1:03:31] I was going to address in my

[1:03:31] comments as well.

[1:03:32] >> thank you.

[1:03:35] thank michel martin.

[1:03:36] MR. Ashley.

[1:03:36] Thank you.

[1:03:36] Vice mayor.

[1:03:39] I would like to give a shoutut

[1:03:42] out to a city employee.

[1:03:44] His name is kevin mcchrystal.

[1:03:46] He's the plans examiner.

[1:03:47] He helped a friend of mine from

[1:03:50] venetian bay with questions.

[1:03:51] My friend's name is larry

[1:03:54] moskva and he asked me how he

[1:03:55] should handle permitting

[1:03:58] anything about permitting much.

[1:03:59] I said you should go down to

[1:04:01] the office and ask your

[1:04:02] questions and he was actually

[1:04:02] done.

[1:04:06] He said I can't I'm talking at

[1:04:07] the level kevin overheard the

[1:04:09] conversation and voluntarily

[1:04:13] and simply just went up.

[1:04:14] I had a conversation with them,

[1:04:17] answered his questions and I

[1:04:17] was just floored by the

[1:04:21] personal attention that

[1:04:21] kevin gave was so he called me

[1:04:25] and said, brian, you do you

[1:04:25] want this guy kevin?

[1:04:28] I said I don't he said I just

[1:04:29] want to tell you what happened

[1:04:30] and he explained what happened.

[1:04:32] He was so grateful so he shared

[1:04:33] it with you and it is often you

[1:04:36] get a chance to praise a city

[1:04:37] employee like that.

[1:04:37] >> so I'm taking the

[1:04:39] opportunity and I'm very

[1:04:43] grateful for the people who

[1:04:44] have met with me in the past

[1:04:45] couple of weeks.

[1:04:45] Mark billing's and stephanie

[1:04:48] ford had a chance to meet with

[1:04:51] them and it's also helpful to

[1:04:51] me to gain new knowledge and I

[1:04:54] really appreciate it and I want

[1:04:55] to thank them for helping out

[1:04:58] that the golf club at venetian

[1:05:02] bay once a year hosts a very,

[1:05:03] very interesting organization,

[1:05:06] the american golfers

[1:05:07] association.

[1:05:10] There are several participants

[1:05:15] all playing golf with you and

[1:05:18] your boys and girls and it is

[1:05:19] an opportunity to see these

[1:05:22] people play golf because most

[1:05:23] of them play better than people

[1:05:25] with tormes.

[1:05:26] I mean it is absolutely amazing

[1:05:30] and this organization out

[1:05:31] of the world and for them to

[1:05:34] select the city of smyrna beach

[1:05:37] and venetian bay as a venue is

[1:05:41] an honor and it just so happens

[1:05:42] that one of the members of that

[1:05:45] organization lives here in new

[1:05:45] smyrna beach.

[1:05:46] His name is james and I want to

[1:05:49] give a shout out to jackie for

[1:05:52] spreading the participation

[1:05:53] of a course here in new smyrna

[1:05:57] beach, venetian bay club then

[1:06:01] came out and kind of kicked off

[1:06:01] the tournament with a speech

[1:06:04] not long just a couple

[1:06:05] of hundred comments and the

[1:06:08] guys really, really appreciated

[1:06:09] us being in charge

[1:06:12] of supporting them.

[1:06:13] So I wanted to thank them for

[1:06:17] doing that and that's a great

[1:06:19] MISS Usa and I take my golf

[1:06:20] game in so that I'm sure every

[1:06:21] single one of those one of our

[1:06:21] people can beat me.

[1:06:23] No problem.

[1:06:27] Ok, so we had images this past

[1:06:31] weekend and I can't say enough

[1:06:34] about what and what a fantastic

[1:06:35] contribution or asset images is

[1:06:36] to our community.

[1:06:39] We had amazing warm weather.

[1:06:43] >> that town was packed images

[1:06:43] was highly successful as always

[1:06:46] in the economic benefit that it

[1:06:50] brings to this community I

[1:06:56] cannot overstate so I love

[1:07:01] the

[1:07:01] aca.

[1:07:02] i love our relationship with

[1:07:03] the aca and images just

[1:07:04] continues to just do an amazing

[1:07:04] thing in our community.

[1:07:06] >> the mlk walk my apologies.

[1:07:07] I was not able to make it this

[1:07:09] year but I look forward to it

[1:07:13] next year moving on to city

[1:07:16] courts report nothing else at

[1:07:17] this time.

[1:07:17] Thank you.

[1:07:21] Ok, city attorney um yeah I

[1:07:21] just was going to highlight

[1:07:24] three different bills and kind

[1:07:25] of follow up on what

[1:07:26] commissioner martin was saying

[1:07:28] regarding um zoning running

[1:07:31] with the land um so in my

[1:07:32] report there's several bills

[1:07:36] the ones that are kind

[1:07:36] of topical right now either

[1:07:37] because they've come up in

[1:07:40] conversation or one from last

[1:07:40] year.

[1:07:43] I know commissioner pareene had

[1:07:44] worked on the sovereign

[1:07:44] immunity caps the proposal this

[1:07:48] year is to go from two hundred

[1:07:51] thousand per person three

[1:07:52] hundred thousand per incident,

[1:07:52] change those to five hundred

[1:07:55] thousand per person one million

[1:07:59] per incident as well as staging

[1:08:00] an increase for twenty thirty

[1:08:00] one where the five hundred will

[1:08:03] go to sachs hundred the million

[1:08:04] would go to one point two

[1:08:04] million.

[1:08:07] Um they also would change it

[1:08:07] right now if you need to exceed

[1:08:11] those limits in order to settle

[1:08:11] like a personal injury claim

[1:08:14] you think of like loss of life

[1:08:15] ,that type of claim you

[1:08:16] normally have to go to the

[1:08:18] legislature to get a claims

[1:08:19] bill but under this proposed

[1:08:22] legislation it would allow

[1:08:23] local government to settle that

[1:08:24] claim without going through the

[1:08:25] legislature.

[1:08:29] >> um, the other popular common

[1:08:30] household talk would be

[1:08:34] regarding senate bill one

[1:08:37] eighty the fix under sb 840

[1:08:38] there's a senate bill and

[1:08:39] there's a house bill companion.

[1:08:41] The senate bill is actually

[1:08:42] pretty good.

[1:08:46] Um, the only issue that I would

[1:08:46] like but we're grateful to get

[1:08:49] what we could get would be to

[1:08:50] shorten that retroactive

[1:08:53] provision that went back to

[1:08:54] eight one twenty four and try

[1:08:54] to push it up to when they

[1:08:57] actually adopted.

[1:08:58] But generally it fixes most

[1:09:01] of the issues that were raised.

[1:09:05] >> the house bill is not does

[1:09:05] not address things like eight

[1:09:08] forty does so we really prefer

[1:09:09] the senate bill version.

[1:09:10] And finally another one was

[1:09:12] regarding building permits.

[1:09:16] So there's proposed legislation

[1:09:16] senate bill nine sixty eight

[1:09:19] house bill ten forty nine where

[1:09:20] it would provide an exemption

[1:09:21] from getting a building permit

[1:09:28] for generators.

[1:09:29] >> um so you could still

[1:09:32] inspect those generator

[1:09:33] installations to make sure they

[1:09:35] comply with the florida

[1:09:36] building code or the fire

[1:09:37] prevention code.

[1:09:37] But we couldn't require a

[1:09:40] permit.

[1:09:41] It also provides for no permits

[1:09:43] required for work under seventy

[1:09:44] five hundred dollars.

[1:09:47] But caveats for electrical

[1:09:47] plumbing or structural

[1:09:48] structural work.

[1:09:48] But it would remove the

[1:09:51] requirement for permits for

[1:09:52] outside doors and exterior

[1:09:55] windows that's on single family

[1:09:55] homes.

[1:09:56] >> and then finally just going

[1:09:59] back to you know, land use

[1:10:00] decisions run with the land.

[1:10:01] The purpose of that is so we're

[1:10:02] not making discriminatory land

[1:10:03] use decisions.

[1:10:04] So for example, if you think

[1:10:07] about a bank, if a bank is

[1:10:07] permitted use in that zoning

[1:10:10] district, it doesn't matter

[1:10:11] whether it's bank of america,

[1:10:14] wells fargo or any other

[1:10:15] financial institution, you're

[1:10:16] looking at the use of the land

[1:10:18] so my concern is we should not

[1:10:19] be making that general practice

[1:10:22] to tie it to the owner because

[1:10:23] you can get into trouble that

[1:10:23] way.

[1:10:25] This particular application the

[1:10:26] applicant must have agreed to

[1:10:27] that condition.

[1:10:30] Um, you in these land use

[1:10:30] decisions are there different

[1:10:33] than a sidewalk cafe license

[1:10:34] where they're getting

[1:10:35] permission to use our property?

[1:10:37] Those can be personal to the

[1:10:38] applicant and have to be

[1:10:41] renewed so that's all.

[1:10:42] >> thank you.

[1:10:42] Thank you.

[1:10:44] City attorney city manager.

[1:10:45] Any comment?

[1:10:45] Nothing, sir.

[1:10:47] Ok with that done a meeting is

[1:10:53] adjourned

[1:10:56] .

City Commission Regular Meeting

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