1 00:04:19,390 --> 00:04:20,824 good evening and welcome to the 2 00:04:20,824 --> 00:04:21,525 regular city commission meeting 3 00:04:21,525 --> 00:04:23,327 for tuesday, JANUARY twenty 4 00:04:23,327 --> 00:04:26,327 seven twenty twenty sachs now 5 00:04:27,832 --> 00:04:28,599 come to order please join me in 6 00:04:28,599 --> 00:04:31,599 putting your cell phones on 7 00:04:31,769 --> 00:04:32,102 silent something we usually 8 00:04:32,102 --> 00:04:34,102 forget. 9 00:04:35,539 --> 00:04:36,807 >> thank you. 10 00:04:36,807 --> 00:04:39,643 >> city clerk please call the 11 00:04:39,643 --> 00:04:40,177 roll commissioner pareene here 12 00:04:40,177 --> 00:04:42,177 commissioner martin 13 00:04:43,748 --> 00:04:44,515 commissioner actually 14 00:04:44,515 --> 00:04:46,450 vice mayor mcgirk here mayor of 15 00:04:46,450 --> 00:04:46,784 cleveland has an excused 16 00:04:46,784 --> 00:04:48,784 absence. 17 00:04:50,788 --> 00:04:51,522 Thank you city clerk please 18 00:04:51,522 --> 00:04:51,922 gentlemen please stand for the 19 00:04:51,922 --> 00:04:53,922 invocation. 20 00:04:54,792 --> 00:04:55,593 Commissioner pareene is going 21 00:04:55,593 --> 00:04:56,394 to read us the invocation and 22 00:04:56,394 --> 00:04:58,663 then we're going to do the 23 00:04:58,663 --> 00:04:59,297 pledge of allegiance spowart 24 00:04:59,297 --> 00:05:01,297 headspace dear precious 25 00:05:02,165 --> 00:05:02,933 heavenly father we thank you 26 00:05:02,933 --> 00:05:05,933 for this day this beautiful 27 00:05:06,637 --> 00:05:07,372 city that we live in and all 28 00:05:07,372 --> 00:05:10,174 of the leaders up here making 29 00:05:10,174 --> 00:05:10,708 these decisions for what's best 30 00:05:10,708 --> 00:05:12,708 for our community. 31 00:05:13,778 --> 00:05:14,746 Please watch over and guide us 32 00:05:14,746 --> 00:05:17,746 ,be with our citizens, help 33 00:05:18,149 --> 00:05:21,819 direct us be peace and we give 34 00:05:21,819 --> 00:05:22,253 you graciously all of our 35 00:05:22,253 --> 00:05:22,654 things. 36 00:05:22,654 --> 00:05:22,954 >> amen. 37 00:05:22,954 --> 00:05:24,954 Amen. 38 00:05:28,920 --> 00:05:28,893 Thank you MR. Allegiance to the 39 00:05:28,893 --> 00:05:31,663 flag of the united states 40 00:05:31,663 --> 00:05:34,666 of america and to the republic 41 00:05:34,666 --> 00:05:35,400 for which it stands one nation 42 00:05:35,400 --> 00:05:37,800 under GOD indivisible with 43 00:05:39,700 --> 00:05:39,504 liberty and justice. 44 00:05:39,504 --> 00:05:41,504 Thank you. 45 00:05:47,245 --> 00:05:47,912 Be seated at this time I'd like 46 00:05:47,912 --> 00:05:50,749 to take a brief moment 47 00:05:50,749 --> 00:05:51,683 of silence for assistance 48 00:05:51,683 --> 00:05:52,450 manager ronnie bird who can't 49 00:05:52,450 --> 00:05:55,620 be with here, can't be with 50 00:05:55,620 --> 00:05:56,487 here, can't be with us here 51 00:05:56,487 --> 00:05:57,922 tonight due to his the passing 52 00:05:57,922 --> 00:05:59,291 of his mother. 53 00:05:59,291 --> 00:06:02,291 >> so please take a moment 54 00:06:05,330 --> 00:06:05,997 of silence 55 00:06:05,997 --> 00:06:06,531 . 56 00:06:06,531 --> 00:06:08,531 Thank you. 57 00:06:10,602 --> 00:06:13,438 City manager ai are there any 58 00:06:13,438 --> 00:06:13,972 changes to the agenda? 59 00:06:13,972 --> 00:06:15,972 Yes sir. 60 00:06:16,975 --> 00:06:17,375 We we do have a couple 61 00:06:17,375 --> 00:06:19,375 of changes. 62 00:06:21,780 --> 00:06:24,316 Item seven f has been withdrawn 63 00:06:24,316 --> 00:06:27,316 from the consent agenda and 64 00:06:29,210 --> 00:06:32,291 also wanted to notify you that 65 00:06:32,291 --> 00:06:33,158 item ten a we have received a 66 00:06:33,158 --> 00:06:36,158 request from the applicant to 67 00:06:37,290 --> 00:06:37,796 continue that to the MARCH 10th 68 00:06:37,796 --> 00:06:40,796 meeting again this item tonight 69 00:06:41,990 --> 00:06:44,236 ask to do with s village on 70 00:06:44,236 --> 00:06:44,803 their application for community 71 00:06:44,803 --> 00:06:45,571 development district. 72 00:06:45,571 --> 00:06:48,540 You might want to you'll have 73 00:06:48,540 --> 00:06:49,508 to vote to continue that. 74 00:06:49,508 --> 00:06:50,275 You might want to do that early 75 00:06:50,275 --> 00:06:52,510 in case there's anybody here 76 00:06:52,510 --> 00:06:53,145 waiting for that. 77 00:06:53,145 --> 00:06:54,313 >> sure. 78 00:06:54,313 --> 00:06:56,681 City attorney, I think you had 79 00:06:56,681 --> 00:06:57,249 a statement you want to make on 80 00:06:57,249 --> 00:06:59,918 it once you all vote. 81 00:06:59,918 --> 00:07:00,653 >> ok, so is that is there a 82 00:07:00,653 --> 00:07:03,555 motion to move the item today 83 00:07:03,555 --> 00:07:04,890 to the MARCH 10th city 84 00:07:04,890 --> 00:07:04,857 commission meeting? 85 00:07:04,857 --> 00:07:07,257 >> I'll make that motion. 86 00:07:07,493 --> 00:07:11,930 Second city clerk by the royal 87 00:07:11,564 --> 00:07:12,980 commissioner bring yes 88 00:07:12,980 --> 00:07:12,731 commissioner martin. 89 00:07:12,731 --> 00:07:12,998 Yes, commissioner ashley. 90 00:07:12,998 --> 00:07:14,998 Yes. 91 00:07:15,868 --> 00:07:16,201 Vice mayor mcgurk. 92 00:07:16,201 --> 00:07:16,601 Yes. 93 00:07:16,601 --> 00:07:18,601 Thank you. 94 00:07:19,400 --> 00:07:19,738 Motion passes very and for the 95 00:07:19,738 --> 00:07:22,138 record ordinance number twenty 96 00:07:22,641 --> 00:07:23,175 sachs and ordinance of the city 97 00:07:23,175 --> 00:07:23,876 of new smyrna beach 98 00:07:23,876 --> 00:07:24,543 establishing the south village 99 00:07:24,543 --> 00:07:26,943 new smyrna beach community 100 00:07:26,946 --> 00:07:27,645 development district pursuant 101 00:07:27,645 --> 00:07:30,483 to chapter one ninety florida 102 00:07:30,483 --> 00:07:31,317 statutes providing for 103 00:07:31,317 --> 00:07:31,951 authority and power of the 104 00:07:31,951 --> 00:07:32,651 district providing for the 105 00:07:32,651 --> 00:07:35,121 board of supervisors of the 106 00:07:35,121 --> 00:07:35,587 district, providing for the 107 00:07:35,587 --> 00:07:36,321 district budget. 108 00:07:36,321 --> 00:07:38,257 Providing for functions of the 109 00:07:38,257 --> 00:07:38,891 district, providing for 110 00:07:38,891 --> 00:07:39,659 miscellaneous provisions. 111 00:07:39,659 --> 00:07:42,461 Providing for an effective date 112 00:07:42,461 --> 00:07:43,129 and this item will be continued 113 00:07:43,129 --> 00:07:46,129 to MARCH ten twenty twenty 114 00:07:46,499 --> 00:07:49,499 sachs five thirty at two 115 00:07:50,169 --> 00:07:50,670 fourteen sam's avenue a. In 116 00:07:50,670 --> 00:07:51,104 this meeting hall. 117 00:07:51,104 --> 00:07:51,537 >> thank you. 118 00:07:51,537 --> 00:07:53,537 Thank you. 119 00:07:54,307 --> 00:07:55,740 City attorney city manager do 120 00:07:55,740 --> 00:07:55,408 you have a report for us 121 00:07:55,408 --> 00:07:55,808 tonight? 122 00:07:55,808 --> 00:07:57,808 >> yes sir. 123 00:07:58,278 --> 00:08:01,314 Just a few things to mention 124 00:08:01,314 --> 00:08:04,314 and since maham from cleveland 125 00:08:06,519 --> 00:08:08,888 isn't here report that he and I 126 00:08:08,888 --> 00:08:11,288 attended the volusia county 127 00:08:12,759 --> 00:08:13,926 roundtable on JANUARY the 12th 128 00:08:13,926 --> 00:08:17,526 at that meeting we had reports 129 00:08:17,797 --> 00:08:18,397 from all of the volusia county 130 00:08:18,397 --> 00:08:20,397 constitutional officers 131 00:08:21,701 --> 00:08:22,402 including the sheriff, the tax 132 00:08:22,402 --> 00:08:24,802 collector, tax appraiser, the 133 00:08:25,405 --> 00:08:25,872 election supervisor and the 134 00:08:25,872 --> 00:08:27,872 clerk of court. 135 00:08:29,309 --> 00:08:32,909 We also had updates on pending 136 00:08:33,379 --> 00:08:36,379 legislative session and a lot 137 00:08:36,882 --> 00:08:37,851 of discussion about flooding 138 00:08:37,851 --> 00:08:40,520 the work that's going on in 139 00:08:40,520 --> 00:08:41,488 volusia county also report that 140 00:08:41,488 --> 00:08:44,958 I did follow up with staff and 141 00:08:44,958 --> 00:08:48,428 the complainant that was at the 142 00:08:48,428 --> 00:08:50,828 meeting the previous meeting 143 00:08:52,299 --> 00:08:53,133 concerning 705 falkiner street 144 00:08:53,133 --> 00:08:56,133 of that complaint is being 145 00:08:56,737 --> 00:08:59,137 investa ative investigated andnd 146 00:09:00,106 --> 00:09:00,974 appropriate action will be 147 00:09:00,974 --> 00:09:03,974 taken to resolve that matter. 148 00:09:04,444 --> 00:09:05,378 I would also like to state for 149 00:09:05,378 --> 00:09:08,378 the record there were some 150 00:09:08,649 --> 00:09:11,490 allegations made about some 151 00:09:11,285 --> 00:09:12,352 sort of staff impropriety 152 00:09:12,352 --> 00:09:15,952 regarding that I can assure you 153 00:09:16,722 --> 00:09:19,722 those allegations are not true. 154 00:09:19,927 --> 00:09:22,927 >> also followed up on a 155 00:09:23,297 --> 00:09:23,964 concern that the citizen 156 00:09:23,964 --> 00:09:26,364 brought to us regarding 157 00:09:27,301 --> 00:09:28,335 homelessness on canal street 158 00:09:28,335 --> 00:09:31,405 and the impact that has on 159 00:09:31,405 --> 00:09:32,540 business activity. 160 00:09:32,540 --> 00:09:35,540 Again, we are doing everything 161 00:09:36,210 --> 00:09:39,580 that we can within the confines 162 00:09:39,580 --> 00:09:43,180 of the law to manage the 163 00:09:43,884 --> 00:09:47,484 homeless and I did include some 164 00:09:47,655 --> 00:09:48,522 statistics for you in the city 165 00:09:48,522 --> 00:09:50,791 manager report just to show you 166 00:09:50,791 --> 00:09:54,391 some of the activity that that 167 00:09:54,861 --> 00:09:57,861 we are undertaking a couple 168 00:09:58,532 --> 00:10:00,932 of other things obviously 169 00:10:02,200 --> 00:10:05,602 images was this weekend a big 170 00:10:05,805 --> 00:10:08,805 success with with respect to 171 00:10:09,876 --> 00:10:10,745 that also and I am working with 172 00:10:10,745 --> 00:10:13,745 staff for our next big 173 00:10:14,415 --> 00:10:17,415 celebration in JULY the fourth 174 00:10:17,585 --> 00:10:18,553 and I think we've got fireworks 175 00:10:18,553 --> 00:10:19,320 on the agenda tonight and we're 176 00:10:19,320 --> 00:10:21,989 looking forward to making that 177 00:10:21,989 --> 00:10:22,790 a bigger celebration given the 178 00:10:22,790 --> 00:10:25,190 two hundred and fiftieth 179 00:10:25,860 --> 00:10:27,860 anniversary. 180 00:10:32,767 --> 00:10:33,468 >> also mayor cleveland and 181 00:10:33,468 --> 00:10:35,868 commissioner martin were in 182 00:10:37,105 --> 00:10:39,874 attendance at the DR. Martin 183 00:10:39,874 --> 00:10:40,807 luther king JR. Celebrations 184 00:10:40,807 --> 00:10:44,407 and that was a fine event, 185 00:10:44,579 --> 00:10:47,579 great attendance and was was 186 00:10:47,882 --> 00:10:50,882 happy to be there representing 187 00:10:51,786 --> 00:10:52,186 the city and that is my report 188 00:10:52,186 --> 00:10:52,720 ,sir. 189 00:10:52,720 --> 00:10:53,540 >> thank you. 190 00:10:53,540 --> 00:10:53,554 Great.T. 191 00:10:53,554 --> 00:10:54,389 Thank you. 192 00:10:54,389 --> 00:10:56,658 City manager, appreciate the 193 00:10:56,658 --> 00:10:57,358 update on that and the 194 00:10:57,358 --> 00:10:59,561 attendance of the roundtable. 195 00:10:59,561 --> 00:11:02,561 An update on the roundtable 196 00:11:04,365 --> 00:11:05,100 information at this time I'm 197 00:11:05,100 --> 00:11:07,569 going to open up public 198 00:11:07,569 --> 00:11:08,536 participation at three minutes 199 00:11:08,536 --> 00:11:11,706 and there's going to be a green 200 00:11:11,706 --> 00:11:12,400 light which starts three 201 00:11:12,400 --> 00:11:12,807 minutes. 202 00:11:12,807 --> 00:11:15,543 You have one minute remaining. 203 00:11:15,543 --> 00:11:16,378 The light will turn yellow and 204 00:11:16,378 --> 00:11:20,810 when the red light comes on you 205 00:11:20,810 --> 00:11:20,549 will be that you will be out 206 00:11:20,549 --> 00:11:22,350 of out of time. 207 00:11:22,350 --> 00:11:23,218 >> so at this time please come 208 00:11:23,218 --> 00:11:23,952 up if you have anything you 209 00:11:23,952 --> 00:11:26,655 want to discuss on the agenda 210 00:11:26,655 --> 00:11:27,389 or anything else you want to 211 00:11:27,389 --> 00:11:28,290 talk about related to the city, 212 00:11:28,290 --> 00:11:31,890 please come up and state your 213 00:11:33,161 --> 00:11:33,395 name and address for the record 214 00:11:33,395 --> 00:11:35,395 . 215 00:11:37,465 --> 00:11:38,300 Hello commissioners staff my 216 00:11:38,300 --> 00:11:41,570 name is david lannan and I 217 00:11:41,570 --> 00:11:42,270 reside at seventeen hundred 218 00:11:42,270 --> 00:11:42,570 section drive in new smyrna 219 00:11:42,570 --> 00:11:44,570 beach. 220 00:11:46,740 --> 00:11:49,178 I come before this panel to put 221 00:11:49,178 --> 00:11:49,911 on the record my concern and 222 00:11:49,911 --> 00:11:50,545 frustration about the current 223 00:11:50,545 --> 00:11:52,945 road conditions in the 224 00:11:53,715 --> 00:11:54,483 neighborhood I live in 225 00:11:54,483 --> 00:11:57,483 galilee's lisa creek vistas was 226 00:11:57,719 --> 00:12:00,119 approved and zoned residential 227 00:12:00,322 --> 00:12:00,556 by the city of new smyrna beach 228 00:12:00,556 --> 00:12:01,590 . 229 00:12:01,590 --> 00:12:04,226 It is a neighborhood like many 230 00:12:04,226 --> 00:12:05,127 other neighborhoods in new 231 00:12:05,127 --> 00:12:08,127 smyrna beach with one exception 232 00:12:08,963 --> 00:12:12,563 and that being saxen drive and 233 00:12:12,935 --> 00:12:13,268 its classification as an urban 234 00:12:13,268 --> 00:12:13,969 feeder. 235 00:12:13,969 --> 00:12:16,638 My neighborhood is home to 236 00:12:16,638 --> 00:12:17,606 people walking. 237 00:12:17,606 --> 00:12:17,906 Their dogs are just taking a 238 00:12:17,906 --> 00:12:19,906 walk. 239 00:12:20,976 --> 00:12:21,277 It is home to people riding 240 00:12:21,277 --> 00:12:23,277 bikes. 241 00:12:24,380 --> 00:12:25,447 It is home to people of all 242 00:12:25,447 --> 00:12:27,716 ages who work in the yards and 243 00:12:27,716 --> 00:12:28,384 who stopped to chat with others 244 00:12:28,384 --> 00:12:30,384 in the neighborhood. 245 00:12:31,320 --> 00:12:32,870 Well, my neighbors and I have 246 00:12:32,870 --> 00:12:32,888 to contend with it. 247 00:12:32,888 --> 00:12:35,825 No other neighborhoods in new 248 00:12:35,825 --> 00:12:36,759 smyrna beach are faced with is 249 00:12:36,759 --> 00:12:39,861 a city owned road that due to 250 00:12:39,861 --> 00:12:40,462 its classification has no 251 00:12:40,462 --> 00:12:42,462 deterrents to speeding. 252 00:12:44,660 --> 00:12:44,834 Police cannot patrol this road 253 00:12:44,834 --> 00:12:48,404 on a constant basis and when 254 00:12:48,404 --> 00:12:49,171 they do it is obvious there is 255 00:12:49,171 --> 00:12:51,240 a lot of speeding taking place 256 00:12:51,240 --> 00:12:51,707 given the amount of motorists 257 00:12:51,707 --> 00:12:53,707 they pull over. 258 00:12:55,810 --> 00:12:56,679 I would venture to say that if 259 00:12:56,679 --> 00:12:58,848 any member of this panel had to 260 00:12:58,848 --> 00:12:59,582 deal with the same issues as my 261 00:12:59,582 --> 00:13:01,982 neighborhood there would be 262 00:13:03,520 --> 00:13:03,920 changes made people should not 263 00:13:03,920 --> 00:13:07,189 have to fear using sidewalks or 264 00:13:07,189 --> 00:13:08,257 pathways from vehicle traffic. 265 00:13:08,257 --> 00:13:11,194 It is an indisputable fact that 266 00:13:11,194 --> 00:13:14,194 the population density is on 267 00:13:14,697 --> 00:13:15,331 the rise and will continue to 268 00:13:15,331 --> 00:13:17,731 rise in the future. 269 00:13:18,100 --> 00:13:18,767 A zone residential area in an 270 00:13:18,767 --> 00:13:21,167 urban theater are not 271 00:13:22,471 --> 00:13:23,272 compatible if the city has the 272 00:13:23,272 --> 00:13:26,800 power to create it also has the 273 00:13:26,800 --> 00:13:26,676 power to change its creation 274 00:13:26,676 --> 00:13:29,676 when necessary and for sachs 275 00:13:30,446 --> 00:13:32,882 and drive that time is now the 276 00:13:32,882 --> 00:13:33,850 northern part of from eleventh 277 00:13:33,850 --> 00:13:37,450 avenue to third avenue and or 278 00:13:37,519 --> 00:13:37,988 state road 44 is in desperate 279 00:13:37,988 --> 00:13:39,988 need of change. 280 00:13:41,624 --> 00:13:42,592 The speed limit at 25 miles per 281 00:13:42,592 --> 00:13:45,795 hour needs to be the goal not 282 00:13:45,795 --> 00:13:48,131 to suggestion I have in my hand 283 00:13:48,131 --> 00:13:49,990 the signatures on the traffic 284 00:13:49,990 --> 00:13:52,990 calming request form from a 285 00:13:52,368 --> 00:13:53,403 majority of homeowners on saxum 286 00:13:53,403 --> 00:13:56,805 from ninth avenue to the vacant 287 00:13:56,805 --> 00:13:59,805 lot across from the truest 288 00:13:59,943 --> 00:14:00,844 entrance residents are furious 289 00:14:00,844 --> 00:14:01,578 and they want something done 290 00:14:01,578 --> 00:14:03,413 before any more accidents take 291 00:14:03,413 --> 00:14:04,347 place. 292 00:14:04,347 --> 00:14:05,114 >> thank you for your time. 293 00:14:05,114 --> 00:14:07,514 Thank you MR. Landon. 294 00:14:08,151 --> 00:14:11,151 Is there anybody else for 295 00:14:11,488 --> 00:14:13,488 public participation? 296 00:14:15,910 --> 00:14:16,590 Ok, seeing none. 297 00:14:16,590 --> 00:14:16,493 I'm going to close public 298 00:14:16,493 --> 00:14:18,493 participation. 299 00:14:19,129 --> 00:14:19,629 Ok at this time I'm going to 300 00:14:19,629 --> 00:14:21,629 open up consent. 301 00:14:23,100 --> 00:14:23,900 is there any coommissioner free 302 00:14:23,900 --> 00:14:26,536 would you like to pull anything 303 00:14:26,536 --> 00:14:27,370 from the consent agenda? 304 00:14:27,370 --> 00:14:29,370 >> no thank you 305 00:14:30,407 --> 00:14:31,375 commissioner martin just have 306 00:14:31,375 --> 00:14:34,975 one question for seven be ok 307 00:14:34,979 --> 00:14:35,745 hold on but I'm going to do is 308 00:14:35,745 --> 00:14:36,513 have you have you pull it 309 00:14:36,513 --> 00:14:39,513 instead of just comments you're 310 00:14:41,185 --> 00:14:44,785 going to be you're nothing ok 311 00:14:44,888 --> 00:14:45,255 go ahead and and discuss 312 00:14:45,255 --> 00:14:47,255 seventeen. 313 00:14:48,525 --> 00:14:49,460 >> well it's just the question 314 00:14:49,460 --> 00:14:51,695 does the fec get half of the 315 00:14:51,695 --> 00:14:52,596 vacated property? 316 00:14:52,596 --> 00:14:55,596 I'm trying to understand if 317 00:14:55,766 --> 00:14:56,500 what I think about property 318 00:14:56,500 --> 00:14:56,767 vacation is accurate, that's 319 00:14:56,767 --> 00:14:58,767 all. 320 00:14:59,570 --> 00:15:00,270 >> so the railroad has an 321 00:15:00,270 --> 00:15:01,170 easement over the property. 322 00:15:01,170 --> 00:15:04,642 The property will be split to 323 00:15:04,642 --> 00:15:07,611 the landowner on both sides and 324 00:15:07,611 --> 00:15:08,379 I thought that what was your 325 00:15:08,379 --> 00:15:08,812 storage makes any other 326 00:15:08,812 --> 00:15:09,480 arrangements? 327 00:15:09,480 --> 00:15:09,813 That's what they're private 328 00:15:09,813 --> 00:15:11,813 matter. 329 00:15:12,183 --> 00:15:14,752 Ok, but that's what I was 330 00:15:14,752 --> 00:15:16,220 asking simply thank you. 331 00:15:16,220 --> 00:15:19,456 >> ok, you want to make a 332 00:15:19,456 --> 00:15:19,889 motion to approve that? 333 00:15:19,889 --> 00:15:20,458 >> sure. 334 00:15:20,458 --> 00:15:22,458 Motion to approve. 335 00:15:23,360 --> 00:15:24,261 Is there a second I second ok 336 00:15:24,261 --> 00:15:27,331 motion a second to approve item 337 00:15:27,331 --> 00:15:29,731 b city clerk coommissioner 338 00:15:31,101 --> 00:15:31,369 preened yes commissioner martin 339 00:15:31,369 --> 00:15:32,300 yes. 340 00:15:32,300 --> 00:15:34,300 Commissioner ashley yes. 341 00:15:34,271 --> 00:15:35,206 Vice mayor mcgirk yes. 342 00:15:35,206 --> 00:15:38,206 Item b consent agenda is 343 00:15:38,476 --> 00:15:39,176 approved now can I have a 344 00:15:39,176 --> 00:15:42,176 motion to approve on consent 345 00:15:43,147 --> 00:15:46,751 agenda item a b c d e g h I and 346 00:15:46,751 --> 00:15:49,587 j I'll make that motion second 347 00:15:49,587 --> 00:15:50,188 again city call the roll 348 00:15:50,188 --> 00:15:52,188 commissioner martin yes 349 00:15:53,491 --> 00:15:54,358 commissioner ashley yes. 350 00:15:54,358 --> 00:15:56,358 >> commissioner pareene yes. 351 00:15:57,610 --> 00:15:59,461 vice mayor mcgirk yes. 352 00:16:00,931 --> 00:16:03,331 >> consent agenda is approved. 353 00:16:05,436 --> 00:16:06,700 >> moving on to item nine quasi 354 00:16:06,700 --> 00:16:08,470 judicial hearings a quasi 355 00:16:08,840 --> 00:16:09,574 judicial hearing is set to be 356 00:16:09,574 --> 00:16:12,377 held to consider the approval 357 00:16:12,377 --> 00:16:13,111 of a special exception c three 358 00:16:13,111 --> 00:16:16,111 dash twenty five at thirteen 359 00:16:16,514 --> 00:16:17,282 eleven north dixy freeway to 360 00:16:17,282 --> 00:16:19,317 allow into our auto sales in 361 00:16:19,317 --> 00:16:22,317 the b three highway service 362 00:16:23,388 --> 00:16:24,456 district. 363 00:16:24,456 --> 00:16:27,292 >> jake, I think you're going 364 00:16:27,292 --> 00:16:28,159 to take this. 365 00:16:28,159 --> 00:16:31,129 Yes, we have a special 366 00:16:31,129 --> 00:16:32,630 exception request to allow 367 00:16:32,630 --> 00:16:35,663 indoor auto sales and the be 368 00:16:35,933 --> 00:16:38,933 three at thirteen where I 369 00:16:39,204 --> 00:16:42,674 forgot the address here at nc 370 00:16:42,674 --> 00:16:43,375 freeway between industrial park 371 00:16:43,375 --> 00:16:46,211 avenue and pine street park 372 00:16:46,211 --> 00:16:47,178 slide seven four three eight 373 00:16:47,178 --> 00:16:50,778 one four zero zero zero zero 374 00:16:50,849 --> 00:16:51,316 one zero thirteen eleven north 375 00:16:51,316 --> 00:16:52,350 dixie freeway. 376 00:16:52,350 --> 00:16:55,187 So here it is right here the 377 00:16:55,187 --> 00:16:58,590 little yellow spot there on the 378 00:16:58,590 --> 00:16:59,324 east side of U.S. One one large 379 00:16:59,324 --> 00:17:02,324 parcel two point five nine 380 00:17:02,794 --> 00:17:05,697 acres is b three surrounding 381 00:17:05,697 --> 00:17:06,330 areas also b three has 382 00:17:06,330 --> 00:17:08,330 underground exfiltration. 383 00:17:09,234 --> 00:17:09,768 The site was once the former 384 00:17:09,768 --> 00:17:11,300 mullinax dealership. 385 00:17:11,300 --> 00:17:14,307 So what these people want to do 386 00:17:14,307 --> 00:17:15,400 basically is take a portion 387 00:17:15,400 --> 00:17:15,774 of one of these buildings here 388 00:17:15,774 --> 00:17:17,843 and it's going to be indoor 389 00:17:17,843 --> 00:17:18,776 auto sales. 390 00:17:18,776 --> 00:17:19,945 So be nothing outside. 391 00:17:19,945 --> 00:17:22,180 It's kind of more on a high end 392 00:17:22,180 --> 00:17:22,848 collector luxury car side 393 00:17:22,848 --> 00:17:23,182 of things and going to be 394 00:17:23,182 --> 00:17:24,783 outside. 395 00:17:24,783 --> 00:17:25,284 You hardly know there's no cars 396 00:17:25,284 --> 00:17:27,284 being sold here. 397 00:17:28,687 --> 00:17:29,455 So special exception 398 00:17:29,455 --> 00:17:30,550 requirements that are for all 399 00:17:30,550 --> 00:17:32,550 special exceptions the 400 00:17:33,158 --> 00:17:33,759 requested use is listed among 401 00:17:33,759 --> 00:17:35,759 the special exceptions 402 00:17:36,662 --> 00:17:37,629 permitted in the district. 403 00:17:37,629 --> 00:17:40,599 Yes, this is b three. 404 00:17:40,599 --> 00:17:41,567 It is a criterion has been met 405 00:17:41,567 --> 00:17:43,836 as auto sales are allowed and b 406 00:17:43,836 --> 00:17:44,570 three special exceptions 407 00:17:44,570 --> 00:17:45,271 of course is useful that 408 00:17:45,271 --> 00:17:47,673 impaired the character of the 409 00:17:47,673 --> 00:17:48,541 surrounding or adjoining 410 00:17:48,541 --> 00:17:49,241 district or be detrimental to 411 00:17:49,241 --> 00:17:52,111 the public health care for 412 00:17:52,111 --> 00:17:52,845 morell's the property is 413 00:17:52,845 --> 00:17:55,845 developed as a car dealership 414 00:17:56,150 --> 00:17:56,615 originally this thing is going 415 00:17:56,615 --> 00:17:57,516 to be totally indoors. 416 00:17:57,516 --> 00:17:59,485 You really won't even know it's 417 00:17:59,485 --> 00:18:00,152 there this criterion has been 418 00:18:00,152 --> 00:18:02,921 met as well and adequate 419 00:18:02,921 --> 00:18:03,756 utilities access roads, 420 00:18:03,756 --> 00:18:06,156 drainage, sanitation are all 421 00:18:07,359 --> 00:18:08,600 available and again the site's 422 00:18:08,600 --> 00:18:11,970 been in use for four years. 423 00:18:11,970 --> 00:18:11,397 This criteria has been met as 424 00:18:11,397 --> 00:18:12,331 well. 425 00:18:12,331 --> 00:18:13,650 Here's kind of the cars that 426 00:18:13,650 --> 00:18:14,634 they have in there right now. 427 00:18:14,634 --> 00:18:15,333 They're stored there and he's 428 00:18:15,333 --> 00:18:16,350 not selling anything yet but 429 00:18:16,350 --> 00:18:18,104 kind of like I think a bentley 430 00:18:18,104 --> 00:18:18,871 and a ferrari they're and 431 00:18:18,871 --> 00:18:21,271 planning and zoning recommended 432 00:18:22,408 --> 00:18:23,175 five oh and we recommend as 433 00:18:23,175 --> 00:18:26,175 well with two conditions obtain 434 00:18:26,312 --> 00:18:27,800 a btr before theiness opens 435 00:18:27,800 --> 00:18:30,449 and the approval be good for 436 00:18:30,449 --> 00:18:31,150 two years or until they back 437 00:18:31,150 --> 00:18:31,584 the business tax receipt has 438 00:18:31,584 --> 00:18:33,219 been obtained. 439 00:18:33,219 --> 00:18:33,953 Any questions for me? 440 00:18:33,953 --> 00:18:35,953 >> thank you jay.. 441 00:18:36,789 --> 00:18:37,824 Any questions for go ahead 442 00:18:37,824 --> 00:18:41,260 please correct me if I'm wrong 443 00:18:41,260 --> 00:18:44,260 I'm looking for klarik vacation 444 00:18:44,898 --> 00:18:45,665 but as I understand it granting 445 00:18:45,665 --> 00:18:48,665 a special exception would apply 446 00:18:49,200 --> 00:18:52,200 to all possible uses not 447 00:18:52,272 --> 00:18:53,139 necessarily just indoor cars. 448 00:18:53,139 --> 00:18:55,139 >> allow outdoor display 449 00:18:56,109 --> 00:18:56,842 of cars, rvs new in use because 450 00:18:56,842 --> 00:18:59,242 that's all it is. 451 00:19:00,246 --> 00:19:01,140 >> this is limited to indoor. 452 00:19:01,140 --> 00:19:02,115 That was his request. 453 00:19:02,115 --> 00:19:04,784 Yes, but if it's if somebody 454 00:19:04,784 --> 00:19:05,485 comes and he moves and the 455 00:19:05,485 --> 00:19:07,885 different business takes it 456 00:19:11,490 --> 00:19:13,490 over 457 00:19:16,128 --> 00:19:17,197 then the next person has 458 00:19:17,197 --> 00:19:17,563 to come in and do a new special 459 00:19:17,563 --> 00:19:18,298 exception. 460 00:19:18,298 --> 00:19:19,320 So are you telling me that the 461 00:19:19,320 --> 00:19:19,733 special exception follows the 462 00:19:19,733 --> 00:19:20,633 business is not the property 463 00:19:20,633 --> 00:19:21,334 you're wading through is a 464 00:19:21,334 --> 00:19:22,350 couple of years ago with the 465 00:19:22,350 --> 00:19:23,103 same site where someone came 466 00:19:23,103 --> 00:19:23,769 in, had it, sold it and then 467 00:19:23,769 --> 00:19:26,339 leave it was the campbells 468 00:19:26,339 --> 00:19:26,805 actually went through the same 469 00:19:26,805 --> 00:19:27,940 process before. 470 00:19:27,940 --> 00:19:30,610 >> so it it goes if they know 471 00:19:30,610 --> 00:19:31,344 it's gone. 472 00:19:31,344 --> 00:19:32,780 >> thank you for that 473 00:19:32,780 --> 00:19:34,478 clarification and it's indoors 474 00:19:35,810 --> 00:19:35,615 you limit to that as well. 475 00:19:35,615 --> 00:19:37,615 >> thank you. 476 00:19:37,951 --> 00:19:38,250 So ok any other questions for 477 00:19:38,250 --> 00:19:39,251 jake. 478 00:19:39,251 --> 00:19:41,722 >> ok at this time I'd like to 479 00:19:41,722 --> 00:19:42,556 give the opportunity does the 480 00:19:42,556 --> 00:19:46,156 applicant want to come up and 481 00:19:46,159 --> 00:19:49,759 say anything to them you can 482 00:19:49,997 --> 00:19:53,597 pass or you don't have to. 483 00:19:55,602 --> 00:19:56,670 Yeah well a question come up at 484 00:19:56,670 --> 00:20:00,870 this time we're going to go and 485 00:20:02,509 --> 00:20:03,277 hear from the applicant and go 486 00:20:03,277 --> 00:20:05,677 ahead and introduce yourself. 487 00:20:06,646 --> 00:20:08,646 >> it's dennis toweled 13 11 488 00:20:10,830 --> 00:20:11,510 north dixie freeway. 489 00:20:11,510 --> 00:20:13,721 >> I'll ltt any questions for 490 00:20:13,721 --> 00:20:14,421 the applicant 491 00:20:14,421 --> 00:20:15,155 commissioner assignee you're 492 00:20:15,155 --> 00:20:17,958 going to be in the business 493 00:20:17,958 --> 00:20:18,691 of selling luxury cars now our 494 00:20:18,691 --> 00:20:21,910 corporation owns the property 495 00:20:21,462 --> 00:20:22,620 so we're just trying to get 496 00:20:22,620 --> 00:20:24,620 that exemption granted. 497 00:20:25,466 --> 00:20:26,233 So for indoor car sales no 498 00:20:26,233 --> 00:20:28,769 outside display it's already in 499 00:20:28,769 --> 00:20:29,903 our lease. 500 00:20:29,903 --> 00:20:32,903 >> we don't allow any any 501 00:20:33,600 --> 00:20:33,574 particular genre of cars that 502 00:20:33,574 --> 00:20:34,508 we're talking about. 503 00:20:34,508 --> 00:20:37,611 >> I wouldn't want to commit to 504 00:20:37,611 --> 00:20:40,881 that right now and but we would 505 00:20:40,881 --> 00:20:41,782 not allow for our leases. 506 00:20:41,782 --> 00:20:42,249 Anything that's not operable 507 00:20:42,249 --> 00:20:44,249 cannot come in. 508 00:20:45,850 --> 00:20:45,486 They're damaged that lost 509 00:20:45,486 --> 00:20:46,253 everything. 510 00:20:46,253 --> 00:20:48,756 So we're very particular about 511 00:20:48,756 --> 00:20:49,523 that and we don't allow any 512 00:20:49,523 --> 00:20:52,693 outside display right now as it 513 00:20:52,693 --> 00:20:56,163 is in our I'm just curious why 514 00:20:56,163 --> 00:20:57,198 white wine? 515 00:20:57,198 --> 00:20:59,967 Oh, because we don't want used 516 00:20:59,967 --> 00:21:01,402 cars on the lot. 517 00:21:01,402 --> 00:21:03,905 >> ok, yeah so we're ok with 518 00:21:03,905 --> 00:21:04,739 someone coming in with a couple 519 00:21:04,739 --> 00:21:08,339 three cars and saying and their 520 00:21:08,609 --> 00:21:09,377 specialty cars and that type 521 00:21:09,377 --> 00:21:09,943 of thing that was my specialty. 522 00:21:09,943 --> 00:21:11,946 What does that mean. 523 00:21:11,946 --> 00:21:13,414 Specialty? 524 00:21:13,414 --> 00:21:15,649 >> well you know we have a lot 525 00:21:15,649 --> 00:21:16,617 of collectors here in the city 526 00:21:16,617 --> 00:21:19,988 and then we have a lot of high 527 00:21:19,988 --> 00:21:20,855 end market also in this city. 528 00:21:20,855 --> 00:21:21,154 >> I wouldn't call those used 529 00:21:21,154 --> 00:21:23,154 cars. 530 00:21:23,725 --> 00:21:24,259 I mean it sounds great with the 531 00:21:24,259 --> 00:21:26,659 two you just saw. 532 00:21:27,461 --> 00:21:28,229 >> those are probably between 533 00:21:28,229 --> 00:21:28,729 80 and one hundred and twenty 534 00:21:28,729 --> 00:21:30,729 thousand dollars. 535 00:21:31,331 --> 00:21:35,136 So I mean those are unique cars 536 00:21:35,136 --> 00:21:36,400 but we're just only trying to 537 00:21:36,400 --> 00:21:38,773 let them sell inside because 538 00:21:38,773 --> 00:21:39,374 most cars are sold on the 539 00:21:39,374 --> 00:21:40,275 internet now they're not 540 00:21:40,275 --> 00:21:43,278 driving up and down you one and 541 00:21:43,278 --> 00:21:46,381 very going in, you know and so 542 00:21:46,381 --> 00:21:47,449 we don't really need that. 543 00:21:47,449 --> 00:21:47,916 I just think that we have a 544 00:21:47,916 --> 00:21:48,817 great location. 545 00:21:48,817 --> 00:21:49,618 We have all those bays in the 546 00:21:49,618 --> 00:21:50,618 back. 547 00:21:50,618 --> 00:21:51,352 No one we even know they're 548 00:21:51,352 --> 00:21:53,887 there other than if you look 549 00:21:53,887 --> 00:21:54,689 online and call a person and 550 00:21:54,689 --> 00:21:57,959 want to come look at the car. 551 00:21:57,959 --> 00:22:00,959 >> ok, any other questions for 552 00:22:01,396 --> 00:22:02,564 the applicant? 553 00:22:02,564 --> 00:22:02,964 >> ok, thank you very much.H. 554 00:22:02,964 --> 00:22:04,964 Thank you. 555 00:22:05,400 --> 00:22:06,167 At this time a commission that 556 00:22:06,167 --> 00:22:06,868 we'll hear from members of the 557 00:22:06,868 --> 00:22:09,304 public wishing to comment in 558 00:22:09,304 --> 00:22:09,971 favor of the opposition of the 559 00:22:09,971 --> 00:22:12,971 approval of said dash three 560 00:22:13,800 --> 00:22:13,675 dash twenty five at thirteen 561 00:22:13,675 --> 00:22:16,750 eleven north dixy freeway. 562 00:22:16,111 --> 00:22:19,111 >> any members of the public 563 00:22:20,482 --> 00:22:21,216 wish to do so? 564 00:22:21,216 --> 00:22:22,284 Ok, seeing none. 565 00:22:22,284 --> 00:22:23,919 I'm going to go ahead and close 566 00:22:23,919 --> 00:22:26,319 a quasi judicial hearing. 567 00:22:28,230 --> 00:22:28,724 >> does the city staff at the 568 00:22:28,724 --> 00:22:29,458 city staff or applicant have 569 00:22:29,458 --> 00:22:29,792 any further comments you want 570 00:22:29,792 --> 00:22:31,792 to make? 571 00:22:31,928 --> 00:22:32,661 >> ok, is there any further 572 00:22:32,661 --> 00:22:35,661 questions the city staff from 573 00:22:35,930 --> 00:22:36,598 the commission just one 574 00:22:36,598 --> 00:22:38,901 recommendation if you would 575 00:22:38,901 --> 00:22:39,968 like to tie it to this 576 00:22:39,968 --> 00:22:42,838 applicant I would make that a 577 00:22:42,838 --> 00:22:43,705 condition of approval. 578 00:22:43,705 --> 00:22:44,139 My understanding is it runs 579 00:22:44,139 --> 00:22:46,139 with the land. 580 00:22:47,408 --> 00:22:48,177 So in order to address that 581 00:22:48,177 --> 00:22:51,177 question I would recommend that 582 00:22:54,516 --> 00:22:58,716 approval of ok so at this time 583 00:22:59,188 --> 00:23:02,890 I'll ask for a motion I'll move 584 00:23:02,890 --> 00:23:03,859 to to approve with a condition 585 00:23:03,859 --> 00:23:07,295 that it runs with this specific 586 00:23:07,295 --> 00:23:07,696 business owner and the specific 587 00:23:07,696 --> 00:23:09,696 application. 588 00:23:10,365 --> 00:23:12,765 Yeah I'll second that. 589 00:23:17,873 --> 00:23:18,474 >> ok citicorp call the royal 590 00:23:18,474 --> 00:23:19,141 commissioner martin yes 591 00:23:19,141 --> 00:23:21,141 commissioner actually yes. 592 00:23:21,609 --> 00:23:24,900 Vice mayor mcgurk yes 593 00:23:25,800 --> 00:23:25,614 commissioner purring yes. 594 00:23:25,614 --> 00:23:26,749 >> thank you. 595 00:23:26,749 --> 00:23:29,585 Ok, the special reception at 596 00:23:29,585 --> 00:23:30,252 three twenty five located 597 00:23:30,252 --> 00:23:32,652 thirty seven north dixie 598 00:23:32,722 --> 00:23:33,489 freeway has been unanimously 599 00:23:33,489 --> 00:23:36,489 approved with condition that it 600 00:23:36,726 --> 00:23:39,726 is tied specifically to the 601 00:23:40,796 --> 00:23:43,196 ampligen at this particular 602 00:23:44,500 --> 00:23:45,267 business in this particular 603 00:23:45,267 --> 00:23:48,537 business in other words not the 604 00:23:48,537 --> 00:23:48,971 applicant later coming in and 605 00:23:48,971 --> 00:23:49,305 having arv's. 606 00:23:49,305 --> 00:23:51,305 >> yes. 607 00:23:52,275 --> 00:23:52,675 So I just want to make sure we 608 00:23:52,675 --> 00:23:54,675 were clear. 609 00:23:55,111 --> 00:23:57,111 >> yeah ok. 610 00:23:59,181 --> 00:24:00,149 >> I think that's clear. 611 00:24:00,149 --> 00:24:00,817 >> a public hearing will be 612 00:24:00,817 --> 00:24:03,217 conducted to consider the 613 00:24:03,619 --> 00:24:06,190 adoption of ordinance number 614 00:24:06,623 --> 00:24:10,223 two dash twenty sachs zero dash 615 00:24:10,326 --> 00:24:11,127 twenty sachs for dash twenty 616 00:24:11,127 --> 00:24:11,828 sachs regarding the annexation 617 00:24:11,828 --> 00:24:14,828 of property located at page 618 00:24:18,434 --> 00:24:21,604 avenue or or the go ahead 619 00:24:21,604 --> 00:24:22,438 ordinance to twenty sachs an 620 00:24:22,438 --> 00:24:23,139 ordinance of the city of new 621 00:24:23,139 --> 00:24:25,508 smyrna beach annexing fifteen 622 00:24:25,508 --> 00:24:26,209 point two plus or minus acres 623 00:24:26,209 --> 00:24:26,842 of property generally located 624 00:24:26,842 --> 00:24:29,242 south apage avenue east 625 00:24:29,412 --> 00:24:30,460 of trophy hunter trail 626 00:24:30,460 --> 00:24:30,647 providing for redefining 627 00:24:30,647 --> 00:24:33,470 boundaries of the city, 628 00:24:33,450 --> 00:24:34,250 designating the property within 629 00:24:34,250 --> 00:24:35,170 commission zone one providing 630 00:24:35,170 --> 00:24:37,187 for public hearing provided for 631 00:24:37,187 --> 00:24:37,821 required filings for running 632 00:24:37,821 --> 00:24:38,521 ordinances providing for 633 00:24:38,521 --> 00:24:40,921 severability and providing an 634 00:24:41,240 --> 00:24:41,858 effective date ordinance ember 635 00:24:41,858 --> 00:24:44,258 03 2006 and ordinance of the 636 00:24:45,328 --> 00:24:46,620 city of new smyrna beach 637 00:24:46,620 --> 00:24:48,462 maintain the comprehensive plan 638 00:24:48,498 --> 00:24:49,198 changing the future land use 639 00:24:49,198 --> 00:24:49,866 designation of fifteen point 640 00:24:49,866 --> 00:24:52,335 two plus or minus acres 641 00:24:52,335 --> 00:24:53,436 of property generally located 642 00:24:53,436 --> 00:24:54,700 out the page avenue e of trophy 643 00:24:54,700 --> 00:24:56,470 hunter trail from volusia 644 00:24:56,907 --> 00:24:57,540 county urban medium intensity 645 00:24:57,540 --> 00:24:59,540 and environmental systems 646 00:24:59,843 --> 00:25:00,643 corridor to city conservation 647 00:25:00,643 --> 00:25:03,643 providing for amendment of the 648 00:25:03,947 --> 00:25:04,581 associated comprehensive plan 649 00:25:04,581 --> 00:25:05,248 maps to show the area 650 00:25:05,248 --> 00:25:07,648 incorporated into the city 651 00:25:07,918 --> 00:25:08,552 providing for public hearing, 652 00:25:08,552 --> 00:25:09,219 providing for conflicting 653 00:25:09,219 --> 00:25:11,619 ordinances and providing an 654 00:25:11,822 --> 00:25:12,789 effective date. 655 00:25:12,789 --> 00:25:13,523 Ordinance number four 2006 and 656 00:25:13,523 --> 00:25:15,993 ordinance of the city of new 657 00:25:15,993 --> 00:25:16,827 smyrna beach rezoning fifteen 658 00:25:16,827 --> 00:25:19,696 point two plus or minus acres 659 00:25:19,696 --> 00:25:20,664 of property generally located 660 00:25:20,664 --> 00:25:21,298 south apage avenue e of trophy 661 00:25:21,298 --> 00:25:23,698 hunter trail from volusia 662 00:25:24,234 --> 00:25:24,934 county rcr source corridor and 663 00:25:24,934 --> 00:25:27,934 are for urban single family 664 00:25:28,171 --> 00:25:28,906 residential airport relate to 665 00:25:28,906 --> 00:25:30,874 city seet conservation airport 666 00:25:30,874 --> 00:25:31,475 overlay zoning district 667 00:25:31,475 --> 00:25:32,209 conflicting ordinances 668 00:25:32,209 --> 00:25:34,609 providing for severability and 669 00:25:35,120 --> 00:25:38,120 providing an effective hi thank 670 00:25:38,882 --> 00:25:40,150 you city attorney bob you're 671 00:25:40,150 --> 00:25:40,784 yes or so the city is the owner 672 00:25:40,784 --> 00:25:43,254 of the property and we've 673 00:25:43,254 --> 00:25:43,888 requested a voluntary 674 00:25:43,888 --> 00:25:45,756 annexation of small scale 675 00:25:45,756 --> 00:25:46,824 comprehensive plan amendment 676 00:25:46,824 --> 00:25:47,557 change in the future land use 677 00:25:47,557 --> 00:25:49,957 categories from volusia county 678 00:25:50,528 --> 00:25:51,262 urban medium intensity and 679 00:25:51,262 --> 00:25:53,262 environmental service corridor 680 00:25:54,531 --> 00:25:55,166 also rezoning from volusia 681 00:25:55,166 --> 00:25:57,166 county zoning designation 682 00:25:57,934 --> 00:25:58,569 of our for urban single family 683 00:25:58,569 --> 00:26:00,569 residential and resource 684 00:26:02,730 --> 00:26:02,840 corridor with an attached for 685 00:26:02,840 --> 00:26:03,641 the airport identification zone 686 00:26:03,641 --> 00:26:06,410 to a city future land use 687 00:26:06,410 --> 00:26:07,440 category conservation and a 688 00:26:07,440 --> 00:26:09,440 city zoning designation 689 00:26:10,648 --> 00:26:11,248 of conservation and with an 690 00:26:11,248 --> 00:26:13,648 attached for the airport 691 00:26:14,252 --> 00:26:15,186 identification zone. 692 00:26:15,186 --> 00:26:15,886 >> so the undeveloped site 693 00:26:15,886 --> 00:26:17,886 contains approximately fifteen 694 00:26:18,656 --> 00:26:19,589 point two plus or on his acres. 695 00:26:19,589 --> 00:26:22,460 It's located on the south side 696 00:26:22,460 --> 00:26:26,600 of page avenue south the public 697 00:26:26,630 --> 00:26:26,897 shopping center and just east 698 00:26:26,897 --> 00:26:30,168 the terminal creek and at the 699 00:26:30,168 --> 00:26:31,202 regular schedule meeting on 700 00:26:31,202 --> 00:26:33,871 DECEMBER the 1st, 2025 the plan 701 00:26:33,871 --> 00:26:34,605 and zoning board voted seven to 702 00:26:34,605 --> 00:26:37,605 zero to give a positive 703 00:26:37,709 --> 00:26:38,342 recommendation to the city 704 00:26:38,342 --> 00:26:39,100 commission to approve the 705 00:26:39,100 --> 00:26:41,100 requested annexation small 706 00:26:41,345 --> 00:26:42,213 scale comprehensive plan 707 00:26:42,213 --> 00:26:45,213 imminent change in the future 708 00:26:45,450 --> 00:26:46,184 land use category to city 709 00:26:46,184 --> 00:26:48,584 conservation and rezoning to 710 00:26:48,653 --> 00:26:49,287 city conservation with an 711 00:26:49,287 --> 00:26:49,921 attached for the airport 712 00:26:49,921 --> 00:26:51,921 identification zone plan 713 00:26:52,657 --> 00:26:53,358 department also recommended 714 00:26:53,358 --> 00:26:53,958 city commission also approve 715 00:26:53,958 --> 00:26:55,958 the request annexation 716 00:26:56,995 --> 00:26:59,395 smallscale conference plan and 717 00:27:00,398 --> 00:27:01,199 rezoning and with that 718 00:27:01,199 --> 00:27:01,866 of provided a summary of the 719 00:27:01,866 --> 00:27:04,266 staff report of questions 720 00:27:04,602 --> 00:27:05,203 commissioners MAY have. 721 00:27:05,203 --> 00:27:07,203 Thank you bob. 722 00:27:07,572 --> 00:27:08,500 Questions comments for about ok 723 00:27:08,500 --> 00:27:08,606 thank you. 724 00:27:08,606 --> 00:27:10,606 >> thank you. 725 00:27:11,309 --> 00:27:12,209 At this time I'm going to open 726 00:27:12,209 --> 00:27:13,110 up for the public hearing. 727 00:27:13,110 --> 00:27:16,710 Is there anybody who would like 728 00:27:18,650 --> 00:27:19,484 to comment on this item? 729 00:27:19,484 --> 00:27:21,884 Ok, hearing seeing none. 730 00:27:22,554 --> 00:27:23,488 I'm going to close the public 731 00:27:23,488 --> 00:27:23,889 hearing, bring it back to the 732 00:27:23,889 --> 00:27:25,889 commission. 733 00:27:26,570 --> 00:27:26,925 >> this city commission want to 734 00:27:26,925 --> 00:27:30,525 adopt we're going to adopt each 735 00:27:30,795 --> 00:27:31,796 ordinance separately. 736 00:27:31,796 --> 00:27:32,531 So is there a motion to adopt 737 00:27:32,531 --> 00:27:34,432 the ordinance to dash twenty 738 00:27:34,432 --> 00:27:37,432 sachs some moved second cityy 739 00:27:37,602 --> 00:27:38,236 court by the royal 740 00:27:38,236 --> 00:27:38,837 commissioner pareene yes, 741 00:27:38,837 --> 00:27:39,271 commissioner martin yes 742 00:27:39,271 --> 00:27:41,271 commissioner. 743 00:27:41,907 --> 00:27:42,708 Actually yes. 744 00:27:42,708 --> 00:27:43,410 >> vice mayor mcgirk. 745 00:27:43,410 --> 00:27:43,442 Yes. 746 00:27:43,442 --> 00:27:45,770 Thank you. 747 00:27:45,770 --> 00:27:45,811 Ordinance number two that's 748 00:27:45,811 --> 00:27:46,712 twenty sachs has been adopted. 749 00:27:46,712 --> 00:27:50,312 Is there a motion for three 750 00:27:52,818 --> 00:27:53,619 twenty sachs the second city ah 751 00:27:53,619 --> 00:27:56,190 the royal commissioner pareene 752 00:27:56,922 --> 00:27:57,589 yes commissioner martin yes 753 00:27:57,589 --> 00:27:59,589 commissioner actually yes. 754 00:28:00,626 --> 00:28:01,360 >> vice mayor mcgirk yes 755 00:28:01,360 --> 00:28:03,760 ordinance number three that's 756 00:28:04,290 --> 00:28:04,897 twenty sachs has been adopted. 757 00:28:04,897 --> 00:28:05,464 >> is there a motion for 758 00:28:05,464 --> 00:28:07,464 ordinance for dasch. 759 00:28:07,999 --> 00:28:08,867 Twenty sachs some moved second 760 00:28:08,867 --> 00:28:11,867 city clerk called the roll 761 00:28:12,104 --> 00:28:12,738 commissioner martin yes 762 00:28:12,738 --> 00:28:13,338 commissioner actually yes 763 00:28:13,338 --> 00:28:15,338 commissioner pareene yes 764 00:28:16,410 --> 00:28:16,308 vice mayor mcgirk yes thank 765 00:28:16,308 --> 00:28:17,176 you. 766 00:28:17,176 --> 00:28:19,576 >> ordinance number four dash 767 00:28:19,878 --> 00:28:20,913 twenty sachs has been adopted 768 00:28:20,913 --> 00:28:24,415 we want a public hearing will 769 00:28:24,415 --> 00:28:25,117 be conducted to consider the 770 00:28:25,117 --> 00:28:27,517 adoption of ordinance number 771 00:28:28,200 --> 00:28:28,721 five twenty sachs sachs twenty 772 00:28:28,721 --> 00:28:29,354 sachs and seven twenty sachs 773 00:28:29,354 --> 00:28:31,354 regarding the annexation 774 00:28:32,258 --> 00:28:33,250 of property located on oliver 775 00:28:33,250 --> 00:28:36,250 drive city attorney will read 776 00:28:36,610 --> 00:28:36,762 by ordinance number five twenty 777 00:28:36,762 --> 00:28:37,429 sachs sachs twenty sachs and 778 00:28:37,429 --> 00:28:39,165 seven twenty sachs for the 779 00:28:39,165 --> 00:28:39,898 second time by title only 780 00:28:39,898 --> 00:28:40,666 ordinance number five twenty 781 00:28:40,666 --> 00:28:43,936 sachs an ordinance of the city 782 00:28:43,936 --> 00:28:45,400 of new smyrna beach and sixteen 783 00:28:45,400 --> 00:28:45,671 point two to plus or minus 784 00:28:45,671 --> 00:28:47,173 acres of property generally 785 00:28:47,173 --> 00:28:48,400 located on the west side 786 00:28:48,400 --> 00:28:48,741 of oliver drive north of liddie 787 00:28:48,741 --> 00:28:51,141 away providing for redefining 788 00:28:51,944 --> 00:28:52,712 boundaries the city designating 789 00:28:52,712 --> 00:28:55,112 the property within commission 790 00:28:55,281 --> 00:28:56,150 zone for providing for public 791 00:28:56,150 --> 00:28:56,616 hearing provided for required 792 00:28:56,616 --> 00:28:57,215 five lines providing for 793 00:28:57,215 --> 00:28:59,215 conflicting ordinances, 794 00:28:59,685 --> 00:29:00,386 providing for severability and 795 00:29:00,386 --> 00:29:02,786 providing an effective date 796 00:29:03,422 --> 00:29:04,457 ordinance no 006 twenty sachs 797 00:29:04,457 --> 00:29:04,991 an ordinance of the city of new 798 00:29:04,991 --> 00:29:05,758 smyrna beach immonen 799 00:29:05,758 --> 00:29:07,693 comprehensive plan changing the 800 00:29:07,693 --> 00:29:08,461 feature land use designation 801 00:29:08,461 --> 00:29:10,495 appoint to two plus or minus 802 00:29:10,495 --> 00:29:11,364 acres of property generally 803 00:29:11,364 --> 00:29:12,980 located on the west side 804 00:29:12,980 --> 00:29:14,867 of oliver drive north of liddie 805 00:29:14,867 --> 00:29:15,635 away from alutiiq county urban 806 00:29:15,635 --> 00:29:18,604 medium intensity to city medium 807 00:29:18,604 --> 00:29:19,405 density residential providing 808 00:29:19,405 --> 00:29:20,206 for amendment of the associated 809 00:29:20,206 --> 00:29:23,420 comprehensive plan maps to show 810 00:29:23,420 --> 00:29:23,676 the area incorporated into the 811 00:29:23,676 --> 00:29:24,243 city providing for public 812 00:29:24,243 --> 00:29:26,790 hearing provided for 813 00:29:26,790 --> 00:29:26,813 conflicting ordinances and 814 00:29:26,813 --> 00:29:27,180 providing an effective date 815 00:29:27,180 --> 00:29:29,180 ordinance. 816 00:29:30,683 --> 00:29:31,384 076 an audience of the city 817 00:29:31,384 --> 00:29:32,850 of new smyrna beach rezoning 818 00:29:32,850 --> 00:29:34,754 point to two plus or minus 819 00:29:34,754 --> 00:29:35,488 acres of property generally 820 00:29:35,488 --> 00:29:36,222 located on the west side 821 00:29:36,222 --> 00:29:38,191 of oliver drive north of liddie 822 00:29:38,191 --> 00:29:41,191 away from volusia county are 823 00:29:41,461 --> 00:29:42,161 for a urban single family 824 00:29:42,161 --> 00:29:42,929 residential airport overlayed 825 00:29:42,929 --> 00:29:46,166 to city or to a single family 826 00:29:46,166 --> 00:29:46,733 residential airport zoning 827 00:29:46,733 --> 00:29:47,500 district providing for 828 00:29:47,500 --> 00:29:49,469 conflicting ordinances provided 829 00:29:49,469 --> 00:29:49,869 for severability and providing 830 00:29:49,869 --> 00:29:50,804 effectively. 831 00:29:50,804 --> 00:29:51,710 >> thank you, said attorney 832 00:29:51,710 --> 00:29:53,710 bob. 833 00:29:53,506 --> 00:29:54,107 You're up. 834 00:29:54,107 --> 00:29:55,410 Yes, sir. 835 00:29:55,410 --> 00:29:55,642 So the property owners have 836 00:29:55,642 --> 00:29:57,109 requested the volunteer 837 00:29:57,109 --> 00:29:57,743 annexation a small scale 838 00:29:57,743 --> 00:29:58,378 conference plan amendment 839 00:29:58,378 --> 00:30:00,778 change the future change 840 00:30:01,480 --> 00:30:03,448 category from blusher, urban 841 00:30:04,518 --> 00:30:05,352 medium intensity and arizonian 842 00:30:05,352 --> 00:30:06,860 from the volusia county zoning 843 00:30:06,860 --> 00:30:06,720 designation of our four urban 844 00:30:06,720 --> 00:30:08,720 single family residential 845 00:30:08,989 --> 00:30:09,756 within attatched for the 846 00:30:09,756 --> 00:30:12,756 airport hypothecation zone to a 847 00:30:13,392 --> 00:30:14,600 compatibles any future land use 848 00:30:14,600 --> 00:30:16,460 category of meeting density 849 00:30:16,730 --> 00:30:17,664 residential and a compatible 850 00:30:17,664 --> 00:30:18,398 city zoning designation of r to 851 00:30:18,398 --> 00:30:20,601 singleton residential with an 852 00:30:20,601 --> 00:30:23,601 attached for the airport height 853 00:30:24,370 --> 00:30:24,771 allocation zone so the 854 00:30:24,771 --> 00:30:25,505 undeveloped site does contain 855 00:30:25,505 --> 00:30:27,708 approximate zero point two to 856 00:30:27,708 --> 00:30:29,708 plus minus acres. 857 00:30:32,178 --> 00:30:32,946 Yeah also it's located on the 858 00:30:32,946 --> 00:30:35,215 west side of oliver drive just 859 00:30:35,215 --> 00:30:35,883 north of lydie away and it's an 860 00:30:35,883 --> 00:30:37,883 existing planted residential 861 00:30:39,190 --> 00:30:40,530 subdivision. 862 00:30:40,530 --> 00:30:40,821 >> so at its regular schedule 863 00:30:40,821 --> 00:30:43,221 meeting on DECEMBER 1st, 2025, 864 00:30:43,590 --> 00:30:44,324 the is zoning board voted seven 865 00:30:44,324 --> 00:30:44,992 to zero to give a positive 866 00:30:44,992 --> 00:30:47,361 recommendation to the city 867 00:30:47,361 --> 00:30:48,280 commission to approve the 868 00:30:48,280 --> 00:30:50,428 request of annexation small 869 00:30:50,964 --> 00:30:51,799 scale comprehensive plan to 870 00:30:51,799 --> 00:30:52,566 change the future land use 871 00:30:52,566 --> 00:30:55,436 category to city medium density 872 00:30:55,436 --> 00:30:56,170 residential and rezoning the 873 00:30:56,170 --> 00:30:58,570 city or to singleton 874 00:30:58,639 --> 00:30:59,306 residential with an attack for 875 00:30:59,306 --> 00:30:59,606 the airport identification 876 00:30:59,606 --> 00:31:01,606 zone. 877 00:31:02,343 --> 00:31:03,760 The planning department also 878 00:31:03,760 --> 00:31:03,644 recommends the city commission 879 00:31:03,644 --> 00:31:05,945 to approve the request 880 00:31:05,945 --> 00:31:06,647 annexation smallscale 881 00:31:06,647 --> 00:31:08,647 comprehensive plan amendment 882 00:31:10,417 --> 00:31:11,152 and a rezoning in provided a 883 00:31:11,152 --> 00:31:11,685 summary of the staff reports 884 00:31:11,685 --> 00:31:14,850 of any questions the 885 00:31:14,121 --> 00:31:14,854 commissioners MAY have. 886 00:31:14,854 --> 00:31:15,589 Thank you bob. 887 00:31:15,589 --> 00:31:17,324 Any comments or questions? 888 00:31:17,324 --> 00:31:18,258 Go ahead. 889 00:31:18,258 --> 00:31:21,258 I don't understand why the 890 00:31:21,962 --> 00:31:25,166 airport zoning I think is so we 891 00:31:25,166 --> 00:31:26,132 have airport notification was 892 00:31:26,132 --> 00:31:26,901 in the city where so many 893 00:31:26,901 --> 00:31:29,537 thousands of feet away from the 894 00:31:29,537 --> 00:31:30,404 airport if you're above three 895 00:31:30,404 --> 00:31:31,137 stories in height, you have to 896 00:31:31,137 --> 00:31:31,505 notify the faa to get approval 897 00:31:31,505 --> 00:31:32,706 for that. 898 00:31:32,706 --> 00:31:33,607 It's not near the airport. 899 00:31:33,607 --> 00:31:36,700 >> it's within so many 900 00:31:36,277 --> 00:31:36,510 thousands of feet of the runway 901 00:31:36,510 --> 00:31:37,478 . 902 00:31:37,478 --> 00:31:40,348 So we have a circle that goes 903 00:31:40,348 --> 00:31:40,848 around the city and is barely 904 00:31:40,848 --> 00:31:42,848 just into it. 905 00:31:44,852 --> 00:31:45,586 Ok, so if you want to build a 906 00:31:45,586 --> 00:31:46,287 four story or if your zoning 907 00:31:46,287 --> 00:31:48,220 allows you one three you have 908 00:31:48,220 --> 00:31:51,526 the faa has to be notified so 909 00:31:51,526 --> 00:31:52,593 they can put on the map, ok, ok 910 00:31:52,593 --> 00:31:55,593 ,no further comments from bob 911 00:31:55,996 --> 00:31:56,731 is the applicant here and does 912 00:31:56,731 --> 00:31:59,400 the applicant wish to say 913 00:31:59,400 --> 00:32:00,534 anything. 914 00:32:00,534 --> 00:32:03,534 >> ok seeing not seeing an 915 00:32:03,971 --> 00:32:04,738 applicant wishing to speak I'm 916 00:32:04,738 --> 00:32:07,208 going to open this up for 917 00:32:07,208 --> 00:32:08,276 public hearing. 918 00:32:08,276 --> 00:32:10,445 >> is anybody from the public 919 00:32:10,445 --> 00:32:10,845 wanting to comment on this item 920 00:32:10,845 --> 00:32:12,130 seeing none? 921 00:32:12,130 --> 00:32:15,216 I'm going to close a public 922 00:32:15,216 --> 00:32:18,786 hearing, bring it back up to 923 00:32:18,786 --> 00:32:19,487 the city commission is there a 924 00:32:19,487 --> 00:32:22,487 motion to adopt the ordinance 925 00:32:22,690 --> 00:32:23,625 five twenty sachs some moved 926 00:32:23,625 --> 00:32:26,127 second city court called the 927 00:32:26,127 --> 00:32:28,527 royal commissioner pareene yes. 928 00:32:29,764 --> 00:32:30,432 Commissioner martin yes 929 00:32:30,432 --> 00:32:30,999 commissioner actually yes. 930 00:32:30,999 --> 00:32:31,332 >> vice mayor mcgirk. 931 00:32:31,332 --> 00:32:31,733 Yes. 932 00:32:31,733 --> 00:32:33,733 Thank you. 933 00:32:34,200 --> 00:32:34,636 Ordinance number five twenty 934 00:32:34,636 --> 00:32:37,360 sachs has been adopted. 935 00:32:37,505 --> 00:32:38,273 Is there a motion to adopt 936 00:32:38,273 --> 00:32:40,673 ordinance number sachs twenty 937 00:32:40,842 --> 00:32:41,676 sachs so moved second city 938 00:32:41,676 --> 00:32:44,760 clerk called the roll 939 00:32:44,946 --> 00:32:45,547 commissioner ashleigh yes. 940 00:32:45,547 --> 00:32:46,181 Commissioner pareene yes 941 00:32:46,181 --> 00:32:48,181 commissioner martin yes. 942 00:32:49,284 --> 00:32:50,452 Vice mayor mcgurk yes. 943 00:32:50,452 --> 00:32:53,321 >> or it is number sachs twenty 944 00:32:53,321 --> 00:32:55,991 sachs has been adopted and is 945 00:32:55,991 --> 00:32:56,958 there a motion to approve seven 946 00:32:56,958 --> 00:33:00,558 twenty sachs I move to approve 947 00:33:00,729 --> 00:33:03,729 seven twenty sachs second city 948 00:33:05,233 --> 00:33:05,834 court commissioner pareene yes 949 00:33:05,834 --> 00:33:06,435 commissioner martin yes 950 00:33:06,435 --> 00:33:08,236 commissioner ashely yes 951 00:33:08,236 --> 00:33:08,937 vice mayor mcgirk yes thank you 952 00:33:08,937 --> 00:33:11,337 orrenius number seven twenty 953 00:33:15,344 --> 00:33:16,110 sachs has been adopted 954 00:33:16,110 --> 00:33:16,979 . 955 00:33:16,979 --> 00:33:17,646 >> a public hearing will be 956 00:33:17,646 --> 00:33:20,460 conducted to consider the 957 00:33:20,482 --> 00:33:21,183 adoption of an ordinance number 958 00:33:21,183 --> 00:33:21,750 eight twenty sachs which if 959 00:33:21,750 --> 00:33:23,750 adopted would rezone 960 00:33:24,319 --> 00:33:26,719 approximately point eight five 961 00:33:27,689 --> 00:33:28,423 plus acres of land to r to 962 00:33:28,423 --> 00:33:30,823 single family residential with 963 00:33:31,693 --> 00:33:32,328 in a attached for the airport 964 00:33:32,328 --> 00:33:34,328 height notifications for 965 00:33:35,697 --> 00:33:36,932 property located at seventeen 966 00:33:36,932 --> 00:33:40,532 zero one s dixie freeway city 967 00:33:40,703 --> 00:33:41,437 attorney avallone will read the 968 00:33:41,437 --> 00:33:43,739 ordinance number eight twenty 969 00:33:43,739 --> 00:33:44,640 sachs for the second time and 970 00:33:44,640 --> 00:33:45,441 by title only ordinance number 971 00:33:45,441 --> 00:33:47,776 eight 2006 an audience of the 972 00:33:47,776 --> 00:33:48,510 city of new smyrna beach 973 00:33:48,510 --> 00:33:50,979 rezoning point eight five plus 974 00:33:50,979 --> 00:33:51,847 or minus acres of property 975 00:33:51,847 --> 00:33:52,581 generally located on the west 976 00:33:52,581 --> 00:33:55,500 side of magnolia street between 977 00:33:55,500 --> 00:33:55,918 ninth and tenth street's 978 00:33:55,918 --> 00:33:58,918 address the seventeenth one s 979 00:33:58,920 --> 00:33:59,555 dixie freeway from city b three 980 00:33:59,555 --> 00:34:00,256 highway service business 981 00:34:00,256 --> 00:34:02,656 district airport overlayed to 982 00:34:03,559 --> 00:34:04,226 city r to a single family 983 00:34:04,226 --> 00:34:04,894 residential airport overlay 984 00:34:04,894 --> 00:34:06,595 zoning district writing for 985 00:34:06,595 --> 00:34:07,329 conflict ordinances, providing 986 00:34:07,329 --> 00:34:09,729 for severability and providing 987 00:34:10,299 --> 00:34:10,833 an effective date. 988 00:34:10,833 --> 00:34:12,833 All right. 989 00:34:15,300 --> 00:34:15,638 Off be back at it. 990 00:34:15,638 --> 00:34:16,720 >> come back up. 991 00:34:16,720 --> 00:34:18,720 Yes sir. 992 00:34:18,841 --> 00:34:19,575 So the property is located on 993 00:34:19,575 --> 00:34:21,778 south dixie freeway just north 994 00:34:21,778 --> 00:34:22,378 of tenth street across from the 995 00:34:22,378 --> 00:34:22,778 mcdonald's quick service 996 00:34:22,778 --> 00:34:24,778 restaurant. 997 00:34:25,681 --> 00:34:26,415 The property owners requested a 998 00:34:26,415 --> 00:34:29,218 partial rezoning from b three 999 00:34:29,218 --> 00:34:30,252 how we service business 1000 00:34:30,252 --> 00:34:33,322 district to r to single family 1001 00:34:33,322 --> 00:34:34,257 residential. 1002 00:34:34,257 --> 00:34:34,824 There is commercial zoning to 1003 00:34:34,824 --> 00:34:37,224 the west and there's 1004 00:34:37,894 --> 00:34:40,663 residential zoning to the east 1005 00:34:40,663 --> 00:34:41,564 north in the south. 1006 00:34:41,564 --> 00:34:44,564 So I provided an existing 1007 00:34:44,600 --> 00:34:45,668 zoning map and a proposed only 1008 00:34:45,668 --> 00:34:46,436 map and as you can see on the 1009 00:34:46,436 --> 00:34:48,905 current zoning map on the left 1010 00:34:48,905 --> 00:34:49,606 side of the slide shows the 1011 00:34:49,606 --> 00:34:52,606 entire parcel with a current 1012 00:34:52,976 --> 00:34:53,610 zoning to be three which is 1013 00:34:53,610 --> 00:34:55,610 highway service business 1014 00:35:00,150 --> 00:35:00,749 district this the park was 1015 00:35:00,749 --> 00:35:03,353 surrounded on three sides with 1016 00:35:03,353 --> 00:35:04,187 the two single family zoning 1017 00:35:04,187 --> 00:35:04,854 and the proposed johnny mathis 1018 00:35:04,854 --> 00:35:06,990 located on the right side 1019 00:35:06,990 --> 00:35:07,724 of the slide shows where the 1020 00:35:07,724 --> 00:35:10,724 proposed are to single family 1021 00:35:11,940 --> 00:35:14,694 zoning would be so in this 1022 00:35:14,964 --> 00:35:15,832 slide provided the existing 1023 00:35:15,832 --> 00:35:19,350 future land use map and as you 1024 00:35:19,350 --> 00:35:19,669 can see on this map, the 1025 00:35:19,669 --> 00:35:22,690 partial currently has two 1026 00:35:22,739 --> 00:35:23,673 future land uses categories the 1027 00:35:23,673 --> 00:35:24,341 property, the west side, the 1028 00:35:24,341 --> 00:35:26,741 property that contains the 1029 00:35:27,100 --> 00:35:27,744 credit union has no future land 1030 00:35:27,744 --> 00:35:28,445 use category of commercial by 1031 00:35:28,445 --> 00:35:31,445 the undeveloped half of the 1032 00:35:31,481 --> 00:35:32,820 property as a future land use 1033 00:35:32,820 --> 00:35:33,817 category of low density 1034 00:35:33,817 --> 00:35:35,817 residential. 1035 00:35:38,288 --> 00:35:39,122 So I provided a copy of the 1036 00:35:39,122 --> 00:35:41,522 1925 plant and I highlighted 1037 00:35:41,825 --> 00:35:42,959 the five planted lots. 1038 00:35:42,959 --> 00:35:43,726 >> this would be the area where 1039 00:35:43,726 --> 00:35:46,726 the property owners requested a 1040 00:35:48,832 --> 00:35:49,700 change in the zoning. 1041 00:35:49,700 --> 00:35:50,400 So the property owner also 1042 00:35:50,400 --> 00:35:52,536 provided a survey of the 1043 00:35:52,536 --> 00:35:53,203 property and the survey does 1044 00:35:53,203 --> 00:35:55,772 show that the entire bank 1045 00:35:55,772 --> 00:35:56,206 operation is west of the 1046 00:35:56,206 --> 00:35:57,207 planted lots. 1047 00:35:57,207 --> 00:35:59,843 >> that's part of this rezoning 1048 00:35:59,843 --> 00:36:01,111 request. 1049 00:36:01,111 --> 00:36:01,777 >> so I was able to find the 1050 00:36:01,777 --> 00:36:03,647 original site plan for the 1051 00:36:03,647 --> 00:36:04,348 credit union in 1975 when this 1052 00:36:04,348 --> 00:36:06,748 site was originally drafted. 1053 00:36:07,451 --> 00:36:11,510 The original bank was the first 1054 00:36:11,540 --> 00:36:12,550 federal savings and loan. 1055 00:36:12,550 --> 00:36:14,792 >> we also found the original 1056 00:36:14,792 --> 00:36:15,926 landscaping and drainage plan 1057 00:36:15,926 --> 00:36:19,596 and with this slide you can see 1058 00:36:19,596 --> 00:36:20,364 that the plan originally was to 1059 00:36:20,364 --> 00:36:21,980 send the stormwater to the east 1060 00:36:21,980 --> 00:36:23,498 in the underdeveloped area. 1061 00:36:25,569 --> 00:36:26,203 >> the partial in the bank 1062 00:36:26,203 --> 00:36:26,971 submitted a revision and 1063 00:36:26,971 --> 00:36:29,971 decided to keep the stormwater 1064 00:36:30,740 --> 00:36:31,842 on site and with the area of a 1065 00:36:31,842 --> 00:36:35,442 bank in place a berm and 1066 00:36:36,313 --> 00:36:37,281 vegetation buffer. 1067 00:36:37,281 --> 00:36:40,684 >> and by and large in this 1068 00:36:40,684 --> 00:36:41,352 plan you can see the revised 1069 00:36:41,352 --> 00:36:43,352 stormwater vegetation plan 1070 00:36:44,355 --> 00:36:45,289 showing that the areas of the 1071 00:36:45,289 --> 00:36:47,358 drain is built back onto the 1072 00:36:47,358 --> 00:36:49,358 property itself. 1073 00:36:51,429 --> 00:36:52,163 So this area does show some 1074 00:36:52,163 --> 00:36:52,763 of the stormwater inlets that 1075 00:36:52,763 --> 00:36:54,131 are to the underground 1076 00:36:54,131 --> 00:36:56,131 stormwater collections storage 1077 00:36:58,970 --> 00:36:59,570 area and when the planning 1078 00:36:59,570 --> 00:37:01,570 department receives an 1079 00:37:02,707 --> 00:37:05,107 application for rezoning, staff 1080 00:37:05,977 --> 00:37:06,878 must review that application 1081 00:37:06,878 --> 00:37:09,878 for consistency with the city's 1082 00:37:10,314 --> 00:37:11,480 comprehensive plan and the 1083 00:37:11,480 --> 00:37:11,883 city's land development plan. 1084 00:37:11,883 --> 00:37:13,851 So after reviewing this 1085 00:37:13,851 --> 00:37:14,585 application it's the city's 1086 00:37:14,585 --> 00:37:15,286 comprehensive plan staff would 1087 00:37:15,286 --> 00:37:17,686 propose that the application 1088 00:37:18,122 --> 00:37:18,790 would be consistent with the 1089 00:37:18,790 --> 00:37:21,190 following future use land 1090 00:37:21,826 --> 00:37:22,193 element low density residential 1091 00:37:22,193 --> 00:37:24,193 category. 1092 00:37:25,730 --> 00:37:26,464 It would be consistent with the 1093 00:37:26,464 --> 00:37:27,198 future land use element goal 1094 00:37:27,198 --> 00:37:29,567 number two which is the general 1095 00:37:29,567 --> 00:37:30,435 land use pattern. 1096 00:37:30,435 --> 00:37:32,835 >> they'd be consistent with 1097 00:37:33,504 --> 00:37:34,338 the future land use element 1098 00:37:34,338 --> 00:37:35,206 goal number two objective one 1099 00:37:35,206 --> 00:37:38,243 which is the future land use 1100 00:37:38,243 --> 00:37:40,445 map and it would be consistent 1101 00:37:40,445 --> 00:37:41,179 with the future land use 1102 00:37:41,179 --> 00:37:43,480 ultimate goal number four 1103 00:37:43,480 --> 00:37:45,480 objective one nonresidential 1104 00:37:47,519 --> 00:37:48,353 uses. 1105 00:37:48,353 --> 00:37:49,540 So after reviewing the 1106 00:37:49,540 --> 00:37:51,454 application gets the city's 1107 00:37:51,656 --> 00:37:52,557 land development regulation. 1108 00:37:52,557 --> 00:37:53,910 The two zoning districts have 1109 00:37:53,910 --> 00:37:55,910 major differences. 1110 00:37:55,960 --> 00:37:56,728 The current three how we 1111 00:37:56,728 --> 00:37:57,429 service business district does 1112 00:37:57,429 --> 00:38:00,131 not allow for single family 1113 00:38:00,131 --> 00:38:03,131 homes as a permitted use. 1114 00:38:03,401 --> 00:38:04,101 The current three are service 1115 00:38:04,101 --> 00:38:06,501 business district does allow 1116 00:38:07,439 --> 00:38:08,139 more intense five foot front 1117 00:38:08,139 --> 00:38:11,139 and side building set backs 1118 00:38:11,176 --> 00:38:11,476 with a ten foot building set 1119 00:38:11,476 --> 00:38:13,476 back. 1120 00:38:14,646 --> 00:38:15,380 The proposed are to single 1121 00:38:15,380 --> 00:38:16,480 family zoning district allows 1122 00:38:16,480 --> 00:38:19,480 single family homes as a 1123 00:38:19,117 --> 00:38:22,117 permitted use with very limited 1124 00:38:22,187 --> 00:38:23,155 commercial uses. 1125 00:38:23,155 --> 00:38:23,821 Also the proposed are to say 1126 00:38:23,821 --> 00:38:25,821 within residential district 1127 00:38:26,580 --> 00:38:26,925 requires a 30 foot front yard 1128 00:38:26,925 --> 00:38:28,593 set back with a seven and a 1129 00:38:28,593 --> 00:38:32,193 half foot side and very arched 1130 00:38:32,698 --> 00:38:36,100 back so staff would also review 1131 00:38:36,100 --> 00:38:36,668 of a change in the zoning would 1132 00:38:36,668 --> 00:38:39,680 affect adjacent or closely 1133 00:38:39,905 --> 00:38:40,138 related neighboring properties 1134 00:38:40,138 --> 00:38:40,906 . 1135 00:38:40,906 --> 00:38:41,707 The neighboring properties to 1136 00:38:41,707 --> 00:38:44,576 the north, south and east are 1137 00:38:44,576 --> 00:38:45,210 already zoned or to single 1138 00:38:45,210 --> 00:38:47,610 family residential and the 1139 00:38:47,880 --> 00:38:48,514 change would limit any type 1140 00:38:48,514 --> 00:38:48,914 of large scale commercial 1141 00:38:48,914 --> 00:38:50,914 development. 1142 00:38:51,850 --> 00:38:52,484 It would allow a small scale 1143 00:38:52,484 --> 00:38:53,252 residential development. 1144 00:38:53,252 --> 00:38:56,121 So we feel that this request 1145 00:38:56,121 --> 00:38:58,521 MAY stabilize the existing 1146 00:38:59,191 --> 00:39:00,159 residential neighborhood. 1147 00:39:00,159 --> 00:39:03,159 So in summary the property 1148 00:39:03,862 --> 00:39:04,730 owners requested that the E.S. 1149 00:39:04,730 --> 00:39:07,266 That a property that contains 1150 00:39:07,266 --> 00:39:08,100 plotts one three five be owned 1151 00:39:08,100 --> 00:39:08,867 to our two single-file 1152 00:39:08,867 --> 00:39:11,637 residential the future land use 1153 00:39:11,637 --> 00:39:12,471 is already agency residential 1154 00:39:12,471 --> 00:39:15,740 so the art would be compatible 1155 00:39:15,740 --> 00:39:18,740 to that future links if 1156 00:39:19,311 --> 00:39:20,112 approved the property owner 1157 00:39:20,112 --> 00:39:20,846 wishes to separate those five 1158 00:39:20,846 --> 00:39:23,846 planted plots and develop those 1159 00:39:25,117 --> 00:39:26,252 lightwood single family homes 1160 00:39:26,252 --> 00:39:26,985 so it is better to schedule a 1161 00:39:26,985 --> 00:39:29,588 meeting back on DECEMBER the 1162 00:39:29,588 --> 00:39:30,256 first twenty twenty five the 1163 00:39:30,256 --> 00:39:30,923 plan the zoning board voted 1164 00:39:30,923 --> 00:39:33,759 seven to zero to give a 1165 00:39:33,759 --> 00:39:34,493 positive recommendation to the 1166 00:39:34,493 --> 00:39:35,294 city commission to approve the 1167 00:39:35,294 --> 00:39:37,863 request a change to or two 1168 00:39:37,863 --> 00:39:40,466 single in residential and after 1169 00:39:40,466 --> 00:39:41,400 the plan apartments valuation. 1170 00:39:41,400 --> 00:39:42,100 >> we've also determined that 1171 00:39:42,100 --> 00:39:44,737 the zoning request would be 1172 00:39:44,737 --> 00:39:45,504 consistent with the 1173 00:39:45,504 --> 00:39:48,374 comprehensive plan and the land 1174 00:39:48,374 --> 00:39:49,341 available regulations and since 1175 00:39:49,341 --> 00:39:52,512 the request is only would allow 1176 00:39:52,512 --> 00:39:53,212 for single homes the zoning 1177 00:39:53,212 --> 00:39:53,846 would stabilize the existing 1178 00:39:53,846 --> 00:39:55,615 residential neighborhood. 1179 00:39:55,615 --> 00:39:56,249 The plain apartment also 1180 00:39:56,249 --> 00:39:57,160 recommends commission to 1181 00:39:57,160 --> 00:40:00,616 approve the request a change to 1182 00:40:00,686 --> 00:40:01,870 be consistent with neighboring 1183 00:40:01,870 --> 00:40:01,955 properties. 1184 00:40:01,955 --> 00:40:04,624 With that as a summary of the 1185 00:40:04,624 --> 00:40:05,191 staff report such a request the 1186 00:40:05,191 --> 00:40:07,191 commissioner's behalf. 1187 00:40:07,627 --> 00:40:08,561 >> thank you bob. 1188 00:40:08,561 --> 00:40:08,928 >> any questions or comments 1189 00:40:08,928 --> 00:40:10,928 from bob? 1190 00:40:11,764 --> 00:40:12,598 I'm just verifying to simplify 1191 00:40:12,598 --> 00:40:16,198 that the property along U.S. 1192 00:40:16,302 --> 00:40:18,805 One will remain b three a for 1193 00:40:18,805 --> 00:40:19,572 commercial or business and the 1194 00:40:19,572 --> 00:40:22,572 portion of the property already 1195 00:40:22,609 --> 00:40:23,476 facing current family homes 1196 00:40:23,476 --> 00:40:26,476 will be resolved to single 1197 00:40:27,147 --> 00:40:27,847 family residential that is 1198 00:40:27,847 --> 00:40:28,581 correct thank bankside will 1199 00:40:28,581 --> 00:40:30,216 stay b three in commercial the 1200 00:40:30,216 --> 00:40:32,616 undeveloped site will be 1201 00:40:34,820 --> 00:40:35,822 residential in single family. 1202 00:40:35,822 --> 00:40:38,258 Will you go back to page twenty 1203 00:40:38,258 --> 00:40:39,125 three and elaborate on the said 1204 00:40:39,125 --> 00:40:42,462 the buyer the seven lawns what 1205 00:40:42,462 --> 00:40:42,829 did you say about that in the 1206 00:40:42,829 --> 00:40:43,497 property. 1207 00:40:43,497 --> 00:40:45,765 Well there's currently five 1208 00:40:45,765 --> 00:40:46,633 locks so they could divide 1209 00:40:46,633 --> 00:40:48,668 those five locks and have five 1210 00:40:48,668 --> 00:40:49,736 individual homes or they could 1211 00:40:49,736 --> 00:40:50,470 do any combination so if they 1212 00:40:50,470 --> 00:40:52,973 wanted to do three homes they 1213 00:40:52,973 --> 00:40:53,940 could do a lot and half. 1214 00:40:53,940 --> 00:40:54,708 >> that's really up to the 1215 00:40:54,708 --> 00:40:55,408 property owner that kolody owns 1216 00:40:55,408 --> 00:40:57,177 the property he's going to 1217 00:40:57,177 --> 00:40:57,811 market those odds. 1218 00:40:57,811 --> 00:40:58,845 >> hello. 1219 00:40:58,845 --> 00:41:01,114 I'm sorry I didn't mean to 1220 00:41:01,114 --> 00:41:02,480 interrupt. 1221 00:41:02,480 --> 00:41:03,160 He's going to market those to 1222 00:41:03,160 --> 00:41:04,451 be sold to a hopefully a local 1223 00:41:04,451 --> 00:41:06,851 builder with the the 1224 00:41:08,121 --> 00:41:09,560 differences with the stormwater 1225 00:41:09,560 --> 00:41:12,560 impact versus leaving as a 1226 00:41:12,125 --> 00:41:13,193 commercial. 1227 00:41:13,193 --> 00:41:13,894 >> well, if you leave it as 1228 00:41:13,894 --> 00:41:15,395 commercial they could develop 1229 00:41:15,395 --> 00:41:16,960 that side as commercial a 1230 00:41:16,960 --> 00:41:16,797 totally independent from the 1231 00:41:16,797 --> 00:41:17,397 bank so you'd have to could 1232 00:41:17,397 --> 00:41:19,397 have another commercial 1233 00:41:19,799 --> 00:41:20,299 building with its own 1234 00:41:20,299 --> 00:41:20,767 stormwater system. 1235 00:41:20,767 --> 00:41:22,767 It's too small. 1236 00:41:23,604 --> 00:41:24,571 I have potential answer though. 1237 00:41:24,571 --> 00:41:27,740 I have to do an underground 1238 00:41:27,740 --> 00:41:28,900 system like the bank did but 1239 00:41:28,900 --> 00:41:28,776 then you'd have that commercial 1240 00:41:28,776 --> 00:41:31,178 build would be facing all those 1241 00:41:31,178 --> 00:41:31,944 restaurants at home so since 1242 00:41:31,944 --> 00:41:32,646 his request to make the change 1243 00:41:32,646 --> 00:41:35,490 we're going to support that 1244 00:41:35,490 --> 00:41:35,916 change so that we the 1245 00:41:35,916 --> 00:41:36,617 homeowners would face a new 1246 00:41:36,617 --> 00:41:38,719 homes instead of a possible 1247 00:41:38,719 --> 00:41:39,653 commercial building in the big 1248 00:41:39,653 --> 00:41:43,557 three has a lot of uses from 1249 00:41:43,557 --> 00:41:45,957 tavern's restaurants to, you 1250 00:41:46,193 --> 00:41:47,461 know, service centers for cars 1251 00:41:47,461 --> 00:41:50,864 and so we'd like to limit those 1252 00:41:50,864 --> 00:41:51,499 we support him sort of just 1253 00:41:51,499 --> 00:41:54,499 went through this with a 1254 00:41:54,535 --> 00:41:56,935 different situation and the 1255 00:41:58,339 --> 00:41:58,739 owners had a problem finding a 1256 00:41:58,739 --> 00:42:00,739 future use. 1257 00:42:02,243 --> 00:42:03,100 >> the commercial has this 1258 00:42:03,100 --> 00:42:06,313 owner had a problem with that? 1259 00:42:06,313 --> 00:42:07,248 Is that why they're asking to 1260 00:42:07,248 --> 00:42:09,884 revert that to residential and 1261 00:42:09,884 --> 00:42:12,284 that's a good question. 1262 00:42:13,387 --> 00:42:14,155 >> so he's when came to us he 1263 00:42:14,155 --> 00:42:14,922 feels he just purchased a 1264 00:42:14,922 --> 00:42:15,756 property within the last couple 1265 00:42:15,756 --> 00:42:17,592 of years and now the bank is a 1266 00:42:17,592 --> 00:42:18,526 tenant. 1267 00:42:18,526 --> 00:42:18,993 This should have been the 1268 00:42:18,993 --> 00:42:19,894 property owner. 1269 00:42:19,894 --> 00:42:21,562 So I think to read that some 1270 00:42:21,562 --> 00:42:22,296 of his investment he's looking 1271 00:42:22,296 --> 00:42:25,296 to sell for residential to 1272 00:42:25,967 --> 00:42:28,669 recoup some of this cost and 1273 00:42:28,669 --> 00:42:29,537 pay for the properties and one 1274 00:42:29,537 --> 00:42:33,507 more thing I mean since we just 1275 00:42:33,507 --> 00:42:36,411 went through this property tax 1276 00:42:36,411 --> 00:42:37,211 situation, I see it's similar 1277 00:42:37,211 --> 00:42:39,611 that we're reporting from 1278 00:42:40,682 --> 00:42:41,215 commercial residential 1279 00:42:41,215 --> 00:42:43,215 understands words. 1280 00:42:44,585 --> 00:42:45,520 >> there's so much pushback on 1281 00:42:45,520 --> 00:42:46,220 the other and not this and I 1282 00:42:46,220 --> 00:42:48,620 understand the seminar versus 1283 00:42:49,570 --> 00:42:49,791 what we just went through. 1284 00:42:49,791 --> 00:42:51,659 >> so even though the 1285 00:42:51,659 --> 00:42:52,393 applications sound similar, 1286 00:42:52,393 --> 00:42:53,127 they're actually two separate 1287 00:42:53,127 --> 00:42:55,527 differences for this property. 1288 00:42:56,631 --> 00:42:57,398 It already has a future land 1289 00:42:57,398 --> 00:43:00,134 use of low density residential. 1290 00:43:00,134 --> 00:43:01,102 So even ahead of commercial 1291 00:43:01,102 --> 00:43:01,803 zoning if they want to do a 1292 00:43:01,803 --> 00:43:03,605 commercial project they would 1293 00:43:03,605 --> 00:43:04,539 have to do a complaint 1294 00:43:04,539 --> 00:43:07,539 amendment to change it to 1295 00:43:08,443 --> 00:43:09,770 commercial so really the 1296 00:43:09,770 --> 00:43:09,678 current genre of b3 is 1297 00:43:09,678 --> 00:43:11,678 incompatible with that 1298 00:43:12,247 --> 00:43:12,948 ladieswear where the other 1299 00:43:12,948 --> 00:43:15,830 application had to do both. 1300 00:43:15,830 --> 00:43:15,850 They had to go from residential 1301 00:43:15,850 --> 00:43:18,954 to commercial and they had to 1302 00:43:18,954 --> 00:43:19,988 do a zoning from our opposite. 1303 00:43:19,988 --> 00:43:22,988 They had to do commercial 1304 00:43:22,991 --> 00:43:23,692 residential and to a zoning for 1305 00:43:23,692 --> 00:43:24,459 commercial to residents with 1306 00:43:24,459 --> 00:43:24,993 this one the future land use is 1307 00:43:24,993 --> 00:43:26,993 already in place. 1308 00:43:27,362 --> 00:43:27,796 It's the zoning that's now 1309 00:43:27,796 --> 00:43:28,230 incompatible. 1310 00:43:28,230 --> 00:43:30,230 >> thank you. 1311 00:43:30,432 --> 00:43:30,999 I thought that was very 1312 00:43:30,999 --> 00:43:31,633 important from that 1313 00:43:31,633 --> 00:43:33,633 clarification to public. 1314 00:43:34,336 --> 00:43:37,336 >> thank you to MR. Ashley. 1315 00:43:38,600 --> 00:43:39,740 Any questions? 1316 00:43:39,740 --> 00:43:39,374 >> it sounds like a good idea 1317 00:43:39,374 --> 00:43:39,775 to me. 1318 00:43:39,775 --> 00:43:41,775 All right. 1319 00:43:42,144 --> 00:43:42,911 So I think he's a neighbor 1320 00:43:42,911 --> 00:43:44,846 living across the street there. 1321 00:43:44,846 --> 00:43:45,781 >> I say it's a good idea so 1322 00:43:45,781 --> 00:43:46,248 that's what we've received from 1323 00:43:46,248 --> 00:43:47,182 the neighbors. 1324 00:43:47,182 --> 00:43:49,170 >> so I have a few comments on 1325 00:43:49,170 --> 00:43:49,984 this bob. 1326 00:43:49,984 --> 00:43:52,988 Our problem on U.S. One has 1327 00:43:52,988 --> 00:43:53,922 always been we took home lots 1328 00:43:53,922 --> 00:43:56,922 which were our commercial home 1329 00:43:57,459 --> 00:43:59,859 homesites, lots of residential 1330 00:44:01,960 --> 00:44:03,496 lots which arterial commercial 1331 00:44:04,266 --> 00:44:08,137 road and you know that we have 1332 00:44:08,137 --> 00:44:08,871 split those up sometimes 1333 00:44:08,871 --> 00:44:09,772 exactly what we're doing here 1334 00:44:09,772 --> 00:44:12,940 which is half of the block is 1335 00:44:12,940 --> 00:44:13,675 going to be commercial in the 1336 00:44:13,675 --> 00:44:16,278 back half of the property is 1337 00:44:16,278 --> 00:44:17,346 going to be residential the 1338 00:44:17,346 --> 00:44:17,746 back of whatever road is in the 1339 00:44:17,746 --> 00:44:19,381 back of it. 1340 00:44:19,381 --> 00:44:20,316 >> what it's created is 1341 00:44:20,316 --> 00:44:23,316 properties too small to be 1342 00:44:24,219 --> 00:44:25,454 developed commercially. 1343 00:44:25,454 --> 00:44:27,489 >> so we're doing this we're 1344 00:44:27,489 --> 00:44:29,489 river actually potentially 1345 00:44:31,600 --> 00:44:31,794 creating the problem that this 1346 00:44:31,794 --> 00:44:34,194 property actually doesn't have 1347 00:44:35,297 --> 00:44:36,465 in that the whole thing of the 1348 00:44:36,465 --> 00:44:39,340 whole lot is right now be three 1349 00:44:39,340 --> 00:44:42,340 commercial once we make this 1350 00:44:42,705 --> 00:44:43,472 change is any of the existing 1351 00:44:43,472 --> 00:44:46,472 commercial building going to be 1352 00:44:47,900 --> 00:44:47,810 on conforming well so in the 1353 00:44:47,810 --> 00:44:50,810 three zoning you're required to 1354 00:44:51,147 --> 00:44:51,881 have a ten foot rheostat back 1355 00:44:51,881 --> 00:44:54,150 from commercial and residential 1356 00:44:54,150 --> 00:44:54,984 so there's no additional 1357 00:44:54,984 --> 00:44:55,751 requirement for landscaping or 1358 00:44:55,751 --> 00:44:58,587 set back like in other 1359 00:44:58,587 --> 00:44:59,789 commercial districts. 1360 00:44:59,789 --> 00:45:01,624 >> so so in this case it would 1361 00:45:01,624 --> 00:45:02,692 be compatible. 1362 00:45:02,692 --> 00:45:03,292 >> so I'm not talking yet from 1363 00:45:03,292 --> 00:45:03,693 the commercial to the 1364 00:45:03,693 --> 00:45:05,495 residential. 1365 00:45:05,495 --> 00:45:07,895 I'm talking about the 1366 00:45:09,365 --> 00:45:10,200 commercial use the frontage on 1367 00:45:10,200 --> 00:45:13,335 U.S. One just the commercial. 1368 00:45:13,335 --> 00:45:14,370 >> so if someone else wanted 1369 00:45:14,370 --> 00:45:15,138 the bank decided to leave and 1370 00:45:15,138 --> 00:45:18,138 and someone and a different 1371 00:45:18,207 --> 00:45:18,941 business want to come in, are 1372 00:45:18,941 --> 00:45:21,941 all of the current designs 1373 00:45:22,211 --> 00:45:22,545 conforming when we make this 1374 00:45:22,545 --> 00:45:23,313 change? 1375 00:45:23,313 --> 00:45:25,748 So is the front yard set backs, 1376 00:45:25,748 --> 00:45:26,849 the parking spaces off of U.S. 1377 00:45:26,849 --> 00:45:28,885 One are those conforming so all 1378 00:45:28,885 --> 00:45:29,819 of those conforming because 1379 00:45:29,819 --> 00:45:30,586 front yard set back can be 1380 00:45:30,586 --> 00:45:31,287 three is five feet and they're 1381 00:45:31,287 --> 00:45:33,523 more than five because they 1382 00:45:33,523 --> 00:45:34,290 have drive that runs across the 1383 00:45:34,290 --> 00:45:37,600 fro all the side in the 1384 00:45:37,600 --> 00:45:37,827 front and the rear that backs 1385 00:45:37,827 --> 00:45:38,595 would still be conforming even 1386 00:45:38,595 --> 00:45:40,930 with this rezoning application. 1387 00:45:40,930 --> 00:45:42,198 >> ok, great thank you. 1388 00:45:42,198 --> 00:45:45,268 At this time I'd like if the 1389 00:45:45,268 --> 00:45:45,935 applicant is here and would 1390 00:45:45,935 --> 00:45:46,269 like to speak applegate can 1391 00:45:46,269 --> 00:45:46,769 come up. 1392 00:45:46,769 --> 00:45:49,169 It's up to you. 1393 00:45:50,740 --> 00:45:51,474 You go ahead and come up here. 1394 00:45:51,474 --> 00:45:53,474 >> come on up. 1395 00:45:54,444 --> 00:45:55,178 We'll find out just a second 1396 00:45:55,178 --> 00:45:57,578 please state your name. 1397 00:45:58,882 --> 00:45:59,916 >> my name's jeff allen. 1398 00:45:59,916 --> 00:46:02,916 >> I own the property since 1399 00:46:02,986 --> 00:46:03,753 twenty nineteen currently has 1400 00:46:03,753 --> 00:46:04,200 the space coast credit union on 1401 00:46:04,200 --> 00:46:05,889 it. 1402 00:46:05,889 --> 00:46:07,889 They're a tenant. 1403 00:46:10,260 --> 00:46:13,730 >> they are they have no no 1404 00:46:13,730 --> 00:46:14,797 issue with this. 1405 00:46:14,797 --> 00:46:18,680 In fact I'm working up a new 1406 00:46:18,680 --> 00:46:18,836 lease to represent the property 1407 00:46:18,836 --> 00:46:19,136 as it's going to be when it's 1408 00:46:19,136 --> 00:46:21,136 split. 1409 00:46:21,538 --> 00:46:24,538 Hopefully and there's no issue 1410 00:46:25,508 --> 00:46:28,508 with ingress or egress or 1411 00:46:29,112 --> 00:46:30,460 they're parking we're going 1412 00:46:30,460 --> 00:46:33,150 through all that with them and 1413 00:46:33,150 --> 00:46:33,984 and so there's nothing that I'm 1414 00:46:33,984 --> 00:46:36,854 aware of that would impede them 1415 00:46:36,854 --> 00:46:39,854 to continue doing the business 1416 00:46:40,690 --> 00:46:41,910 as possible as it's being done 1417 00:46:41,910 --> 00:46:43,910 today. 1418 00:46:44,561 --> 00:46:45,529 So other than that there one 1419 00:46:45,529 --> 00:46:48,932 question I did hear was did the 1420 00:46:48,932 --> 00:46:49,599 owner try to want to do 1421 00:46:49,599 --> 00:46:50,334 something commercially and 1422 00:46:50,334 --> 00:46:52,502 couldn't so it did residential 1423 00:46:52,502 --> 00:46:56,102 that wasn't the case at all. 1424 00:46:56,106 --> 00:46:57,274 We realized that this property 1425 00:46:57,274 --> 00:47:00,644 is two acres and it's split in 1426 00:47:00,644 --> 00:47:03,847 the credit union has had some 1427 00:47:03,847 --> 00:47:04,715 issues over the last few years 1428 00:47:04,715 --> 00:47:07,184 the storms and having to 1429 00:47:07,184 --> 00:47:07,818 maintain all those trees and 1430 00:47:07,818 --> 00:47:08,885 that type of thing. 1431 00:47:08,885 --> 00:47:11,555 So they're happy to not have to 1432 00:47:11,555 --> 00:47:12,256 pay taxes on and maintain it 1433 00:47:12,256 --> 00:47:15,856 and and that sort of thing. 1434 00:47:16,930 --> 00:47:19,563 So it's kind of a win win for 1435 00:47:19,563 --> 00:47:20,197 everybody and I think we had 1436 00:47:20,197 --> 00:47:20,931 quite a few residents or 1437 00:47:20,931 --> 00:47:22,733 several residents here during 1438 00:47:22,733 --> 00:47:25,133 the planning meeting that 1439 00:47:27,137 --> 00:47:28,105 expressed their their happiness 1440 00:47:28,105 --> 00:47:28,805 that it was going to become 1441 00:47:28,805 --> 00:47:30,708 residential and there wasn't 1442 00:47:30,708 --> 00:47:31,408 any any commercial going to be 1443 00:47:31,408 --> 00:47:31,976 built on that site on the 1444 00:47:31,976 --> 00:47:33,976 magnolia street side. 1445 00:47:38,449 --> 00:47:39,183 So ok, I just want to make you 1446 00:47:39,183 --> 00:47:39,717 finish what you're saying. 1447 00:47:39,717 --> 00:47:41,717 Yeah, ok. 1448 00:47:46,457 --> 00:47:48,857 At this time questions 1449 00:47:50,795 --> 00:47:51,328 go ahead 1450 00:47:51,328 --> 00:47:51,662 coommissioner A.M.. 1451 00:47:51,662 --> 00:47:52,529 >> yes. 1452 00:47:52,529 --> 00:47:53,397 Do you have any renderings yet 1453 00:47:53,397 --> 00:47:54,164 or do you have an idea of what 1454 00:47:54,164 --> 00:47:54,532 exactly each lot we know would 1455 00:47:54,532 --> 00:47:55,233 be put on? 1456 00:47:55,233 --> 00:47:56,340 I'm not a developer so I'm 1457 00:47:56,340 --> 00:47:56,801 probably going to pass it on to 1458 00:47:56,801 --> 00:47:57,301 to somebody that wants to build 1459 00:47:57,301 --> 00:47:58,360 some homes there. 1460 00:47:58,360 --> 00:48:00,471 That's that's that's my plan 1461 00:48:00,471 --> 00:48:01,706 right now. 1462 00:48:01,706 --> 00:48:05,310 I MAY I MAY end up building 1463 00:48:05,310 --> 00:48:06,770 some homes but I really don't 1464 00:48:06,770 --> 00:48:09,380 want to get into that business. 1465 00:48:09,380 --> 00:48:12,950 I I know that in the area there 1466 00:48:12,950 --> 00:48:13,685 are quite a few vacant lots 1467 00:48:13,685 --> 00:48:15,987 being developed right now with 1468 00:48:15,987 --> 00:48:16,921 developed with builders and 1469 00:48:16,921 --> 00:48:19,757 it's you know, I have a 1470 00:48:19,757 --> 00:48:20,625 question for would that 1471 00:48:20,625 --> 00:48:23,625 decision have to come back 1472 00:48:23,661 --> 00:48:24,662 before us? 1473 00:48:24,662 --> 00:48:25,396 In other words, if somebody 1474 00:48:25,396 --> 00:48:28,199 wanted to build a three story 1475 00:48:28,199 --> 00:48:29,166 apartment there, a condo and 1476 00:48:29,166 --> 00:48:31,836 then a house or if they want to 1477 00:48:31,836 --> 00:48:32,504 build something, it's in 1478 00:48:32,504 --> 00:48:34,904 conformity with zoning and 1479 00:48:35,840 --> 00:48:36,541 subdivision regulations, they 1480 00:48:36,541 --> 00:48:39,541 wouldn't have to come back. 1481 00:48:39,777 --> 00:48:42,777 >> ok, so what visioning is 1482 00:48:43,782 --> 00:48:44,316 what we saw that that bobby did 1483 00:48:44,316 --> 00:48:46,316 with his idea. 1484 00:48:48,860 --> 00:48:48,854 You know if that and I have 1485 00:48:48,854 --> 00:48:49,588 that in my mind about what 1486 00:48:49,588 --> 00:48:52,890 these adjacent lots that you 1487 00:48:52,890 --> 00:48:52,958 owned would look like you know, 1488 00:48:52,958 --> 00:48:53,325 I don't know if you saw what 1489 00:48:53,325 --> 00:48:55,325 happened. 1490 00:48:56,428 --> 00:48:59,428 Uh that thirteen hundred south 1491 00:48:59,498 --> 00:49:01,898 atlantic and what's interesting 1492 00:49:03,602 --> 00:49:04,436 ,you know well it was the the 1493 00:49:04,436 --> 00:49:06,771 the area was zoned commercial 1494 00:49:06,771 --> 00:49:10,371 forever and it stayed empty and 1495 00:49:10,542 --> 00:49:11,910 MR. Luthor came before us and 1496 00:49:11,910 --> 00:49:15,180 had a plan to do some very nice 1497 00:49:15,180 --> 00:49:15,780 residential homes and the 1498 00:49:15,780 --> 00:49:17,780 rendering look great. 1499 00:49:18,784 --> 00:49:19,618 And so I'm trying to envision 1500 00:49:19,618 --> 00:49:20,586 uh what might go there. 1501 00:49:20,586 --> 00:49:21,190 >> I think it's a good idea. 1502 00:49:21,190 --> 00:49:23,190 Yeah. 1503 00:49:23,755 --> 00:49:24,189 I think it's a good idea. 1504 00:49:24,189 --> 00:49:26,189 >> yeah. 1505 00:49:27,192 --> 00:49:27,760 I like I said, I'm probably not 1506 00:49:27,760 --> 00:49:30,160 going to develop it. 1507 00:49:30,629 --> 00:49:31,463 I would assume the whoever does 1508 00:49:31,463 --> 00:49:34,766 has to come before you guys 1509 00:49:34,766 --> 00:49:38,366 like the city manager said if 1510 00:49:38,470 --> 00:49:39,405 there's going to be any 1511 00:49:39,405 --> 00:49:40,390 variance for me it'd be a 1512 00:49:40,390 --> 00:49:41,600 proper procedure with the 1513 00:49:41,600 --> 00:49:41,940 property seizure with the 1514 00:49:41,940 --> 00:49:44,940 behind the buildings at that 1515 00:49:45,311 --> 00:49:49,415 point I do have yesterday a new 1516 00:49:49,415 --> 00:49:50,182 survey was done and and corey's 1517 00:49:50,182 --> 00:49:53,452 going to do a survey for me 1518 00:49:53,452 --> 00:49:54,860 next week to for each of the 1519 00:49:54,860 --> 00:49:56,860 five plighted lotte's 1520 00:49:57,556 --> 00:49:58,324 individually utilities are 1521 00:49:58,324 --> 00:50:00,559 there all the everything is 1522 00:50:00,559 --> 00:50:02,959 there but that's it. 1523 00:50:04,864 --> 00:50:08,464 Ok, just a reminder that the 1524 00:50:08,934 --> 00:50:09,802 rezoning goes with the land, 1525 00:50:09,802 --> 00:50:12,438 not just any site planned not 1526 00:50:12,438 --> 00:50:14,838 to be specific development. 1527 00:50:15,641 --> 00:50:16,475 It just rides with the land. 1528 00:50:16,475 --> 00:50:18,475 >> that's all coommissioner 1529 00:50:19,678 --> 00:50:20,379 bring any question for the 1530 00:50:20,379 --> 00:50:21,180 applicant and the only thing 1531 00:50:21,180 --> 00:50:24,500 that I'd mentioned to you is 1532 00:50:24,500 --> 00:50:27,253 you MAY have picked up on when 1533 00:50:27,253 --> 00:50:27,987 I was talking to staff right 1534 00:50:27,987 --> 00:50:28,688 now you have a sizable 1535 00:50:28,688 --> 00:50:31,880 commercial property and that 1536 00:50:31,491 --> 00:50:32,558 will be reduced significantly. 1537 00:50:32,558 --> 00:50:35,428 So what you will be able to do 1538 00:50:35,428 --> 00:50:36,195 with that commercial property 1539 00:50:36,195 --> 00:50:38,665 will be limited in the future. 1540 00:50:38,665 --> 00:50:42,235 So you have what you have and 1541 00:50:42,235 --> 00:50:43,102 luckily with this change you're 1542 00:50:43,102 --> 00:50:46,102 still be conforming which which 1543 00:50:46,572 --> 00:50:47,173 is good but you will obviously 1544 00:50:47,173 --> 00:50:47,907 limit whatever future 1545 00:50:47,907 --> 00:50:50,543 commercial uses will go there 1546 00:50:50,543 --> 00:50:51,110 simply by the size of the land. 1547 00:50:51,110 --> 00:50:53,110 >> right. 1548 00:50:57,416 --> 00:50:58,251 Ok, no with no further comments 1549 00:50:58,251 --> 00:51:01,454 to the applicant I'm going to 1550 00:51:01,454 --> 00:51:02,322 take an opportunity now to open 1551 00:51:02,322 --> 00:51:03,123 a hearing up to the public. 1552 00:51:03,123 --> 00:51:03,856 Is there anybody from the 1553 00:51:03,856 --> 00:51:07,456 public who would like to speak 1554 00:51:07,661 --> 00:51:08,727 on this item? 1555 00:51:08,727 --> 00:51:12,198 Ok, see nobody from the public 1556 00:51:12,198 --> 00:51:15,798 I'm going to close the public 1557 00:51:15,869 --> 00:51:18,869 hearing portion and if there's 1558 00:51:19,806 --> 00:51:20,540 any other if we have any more 1559 00:51:20,540 --> 00:51:23,540 questions for the applicant or 1560 00:51:27,747 --> 00:51:28,515 staff, ok, thank you. 1561 00:51:28,515 --> 00:51:29,382 >> all right. 1562 00:51:29,382 --> 00:51:30,116 Is there a motion to adopt 1563 00:51:30,116 --> 00:51:32,486 ordinance number eight twenty 1564 00:51:32,486 --> 00:51:35,455 sachs some moved second city 1565 00:51:35,455 --> 00:51:36,890 clerk call the roll 1566 00:51:36,890 --> 00:51:38,890 coommissioner martin yes 1567 00:51:38,925 --> 00:51:39,859 coommissioner pareene yes. 1568 00:51:39,859 --> 00:51:41,859 >> coommissioner ashley yes. 1569 00:51:42,929 --> 00:51:43,664 Vice mayor mcgirk. 1570 00:51:43,664 --> 00:51:44,398 >> yes, thank you. 1571 00:51:44,398 --> 00:51:46,798 Ordinance number eight twenty 1572 00:51:46,866 --> 00:51:47,667 sachs has been adopted. 1573 00:51:47,667 --> 00:51:50,667 Moving on to audiences first 1574 00:51:50,904 --> 00:51:51,638 reading city attorney avallone 1575 00:51:51,638 --> 00:51:52,339 please read the ordinances 1576 00:51:52,339 --> 00:51:55,275 number nine twenty sachs ten 1577 00:51:55,275 --> 00:51:55,976 twenty sachs eleven twenty 1578 00:51:55,976 --> 00:51:59,213 sachs by title only for its 1579 00:51:59,213 --> 00:52:00,800 first reading ordinance number 1580 00:52:00,800 --> 00:52:00,847 nine twenty sachs an ordinance 1581 00:52:00,847 --> 00:52:02,616 of the city of new smyrna beach 1582 00:52:02,616 --> 00:52:03,249 and sixty five plus or minus 1583 00:52:03,249 --> 00:52:03,884 property generally located 1584 00:52:03,884 --> 00:52:05,919 south apage avenue east 1585 00:52:05,919 --> 00:52:06,553 of trophy hunter trail 1586 00:52:06,553 --> 00:52:07,154 providing for redefining 1587 00:52:07,154 --> 00:52:09,554 boundaries of the city 1588 00:52:10,557 --> 00:52:11,258 designating the property within 1589 00:52:11,258 --> 00:52:11,992 commission zone one providing 1590 00:52:11,992 --> 00:52:14,428 for a public hearing provided 1591 00:52:14,428 --> 00:52:15,128 for require filings running for 1592 00:52:15,128 --> 00:52:15,863 kolody ordinances provide for 1593 00:52:15,863 --> 00:52:18,980 several city and providing an 1594 00:52:18,980 --> 00:52:18,932 effective date ordinance number 1595 00:52:18,932 --> 00:52:19,766 ten twenty sachs an ordinance 1596 00:52:19,766 --> 00:52:21,201 of the city of new smyrna beach 1597 00:52:21,201 --> 00:52:22,136 amending comprehensive plan 1598 00:52:22,136 --> 00:52:25,136 changing the future land use 1599 00:52:25,606 --> 00:52:26,206 designation of five plus or 1600 00:52:26,206 --> 00:52:26,907 minus acres of property 1601 00:52:26,907 --> 00:52:29,307 generally located south apage 1602 00:52:29,510 --> 00:52:30,277 avenue e trophy hunter trail 1603 00:52:30,277 --> 00:52:33,277 from volusia county urban low 1604 00:52:33,347 --> 00:52:34,140 intensity urban medium 1605 00:52:34,140 --> 00:52:34,682 intensity and environmental 1606 00:52:34,682 --> 00:52:37,820 systems corridor to city 1607 00:52:37,618 --> 00:52:38,318 conservation in providing for 1608 00:52:38,318 --> 00:52:40,718 amendment of the associated 1609 00:52:41,522 --> 00:52:42,289 comprehensive plan maps to show 1610 00:52:42,289 --> 00:52:42,923 the area incorporated into the 1611 00:52:42,923 --> 00:52:45,292 city providing for public 1612 00:52:45,292 --> 00:52:45,993 hearing provided ordinances and 1613 00:52:45,993 --> 00:52:48,393 providing an effective date 1614 00:52:49,196 --> 00:52:50,970 ordinance no. 1615 00:52:50,970 --> 00:52:52,497 Eleven twenty sachs an 1616 00:52:53,367 --> 00:52:54,134 ordinance of the city of new 1617 00:52:54,134 --> 00:52:54,768 smyrna beach rezoning five plus 1618 00:52:54,768 --> 00:52:57,638 or minus acres of property 1619 00:52:57,638 --> 00:52:58,439 generally located south apage 1620 00:52:58,439 --> 00:53:00,341 avenue e of trophy hunter trail 1621 00:53:00,341 --> 00:53:01,740 from volusia county arcy 1622 00:53:01,740 --> 00:53:03,474 resource corridor arwani urban 1623 00:53:05,179 --> 00:53:05,812 single family and are for urban 1624 00:53:05,812 --> 00:53:06,547 single family residential 1625 00:53:06,547 --> 00:53:09,517 airport overlay to city seei 1626 00:53:09,517 --> 00:53:10,217 conservation airport overlay 1627 00:53:10,217 --> 00:53:12,353 zoning district providing for 1628 00:53:12,353 --> 00:53:13,870 conflicting ordinances, 1629 00:53:13,870 --> 00:53:13,788 providing for severability and 1630 00:53:13,788 --> 00:53:14,455 providing an effective date. 1631 00:53:14,455 --> 00:53:16,824 All three of those public 1632 00:53:16,824 --> 00:53:17,358 hearings will be held on 1633 00:53:17,358 --> 00:53:17,792 FEBRUARY 10th 2026. 1634 00:53:17,792 --> 00:53:19,792 >> thank you. 1635 00:53:20,828 --> 00:53:21,528 City attorney please read 1636 00:53:21,528 --> 00:53:22,296 ordinances number 12 twenty 1637 00:53:22,296 --> 00:53:25,330 sachs thirteen twenty sachs and 1638 00:53:25,330 --> 00:53:25,766 fourteen twenty sachs by titlele 1639 00:53:25,766 --> 00:53:28,766 only for its first reading 1640 00:53:29,360 --> 00:53:29,737 audience no twelve 26 an 1641 00:53:29,737 --> 00:53:30,538 audience of the city of new 1642 00:53:30,538 --> 00:53:33,308 smyrna beach and I see four 1643 00:53:33,308 --> 00:53:34,800 point five plus or minus acres 1644 00:53:34,800 --> 00:53:35,510 of property generally located 1645 00:53:35,510 --> 00:53:36,277 south of page avenue east 1646 00:53:36,277 --> 00:53:36,945 of ruby hunter trail providing 1647 00:53:36,945 --> 00:53:37,678 for redefining boundaries 1648 00:53:37,678 --> 00:53:40,181 of the city designated in the 1649 00:53:40,181 --> 00:53:40,815 property within commission zone 1650 00:53:40,815 --> 00:53:43,215 one providing for public 1651 00:53:43,418 --> 00:53:44,520 hearing provided for required 1652 00:53:44,520 --> 00:53:44,651 filings, providing for 1653 00:53:44,651 --> 00:53:45,386 conflicting ordinances, 1654 00:53:45,386 --> 00:53:47,786 providing for severability and 1655 00:53:47,989 --> 00:53:48,656 providing an effective date 1656 00:53:48,656 --> 00:53:50,656 ordinance number thirteen 1657 00:53:51,826 --> 00:53:52,527 twenty sachs and of the city 1658 00:53:52,527 --> 00:53:53,294 of new smyrna beach amending 1659 00:53:53,294 --> 00:53:53,862 the comprehensive plan changing 1660 00:53:53,862 --> 00:53:55,931 the feature land use 1661 00:53:55,931 --> 00:53:56,664 designation four point five 1662 00:53:56,664 --> 00:53:59,667 plus or minus acres of property 1663 00:53:59,667 --> 00:54:00,502 generally located south of page 1664 00:54:00,502 --> 00:54:01,136 avenue e of trophy hunter trail 1665 00:54:01,136 --> 00:54:03,138 from volusia county urban 1666 00:54:03,138 --> 00:54:03,772 medium intensity to city 1667 00:54:03,772 --> 00:54:04,472 conservation providing for 1668 00:54:04,472 --> 00:54:06,872 amendment of the associated 1669 00:54:07,275 --> 00:54:08,430 comprehensive plan maps to show 1670 00:54:08,430 --> 00:54:10,678 the area incorporated into the 1671 00:54:10,678 --> 00:54:11,513 city provided for public 1672 00:54:11,513 --> 00:54:12,180 hearing, provided for 1673 00:54:12,180 --> 00:54:12,881 conflicting ordinances and 1674 00:54:12,881 --> 00:54:14,949 providing an effective date 1675 00:54:14,949 --> 00:54:15,684 ordinance number fourteen 1676 00:54:15,684 --> 00:54:16,450 twenty sachs an ordinance 1677 00:54:16,450 --> 00:54:19,287 of the city of new smyrna beach 1678 00:54:19,287 --> 00:54:20,220 rezoning four point five plus 1679 00:54:20,220 --> 00:54:20,755 or minus acres of property 1680 00:54:20,755 --> 00:54:23,591 generally located south of page 1681 00:54:23,591 --> 00:54:25,994 avenue e of trophy hunter trail 1682 00:54:25,994 --> 00:54:26,828 from volusia county are for a 1683 00:54:26,828 --> 00:54:27,496 urban single family airport or 1684 00:54:27,496 --> 00:54:29,932 related to city c a 1685 00:54:29,932 --> 00:54:30,666 conservation airport overlay 1686 00:54:30,666 --> 00:54:31,266 zoning district providing for 1687 00:54:31,266 --> 00:54:33,266 conflicting ordinances, 1688 00:54:33,968 --> 00:54:34,670 providing for severability and 1689 00:54:34,670 --> 00:54:35,404 providing an effective date. 1690 00:54:35,404 --> 00:54:38,140 All three of these public 1691 00:54:38,140 --> 00:54:38,740 hearings will be held on 1692 00:54:38,740 --> 00:54:39,274 FEBRUARY 27th, 2026. 1693 00:54:39,274 --> 00:54:41,274 >> thank you. 1694 00:54:42,344 --> 00:54:43,112 City attorney please read 1695 00:54:43,112 --> 00:54:43,879 ordinances number twelve twenty 1696 00:54:43,879 --> 00:54:46,515 sachs thirteen twenty sachs and 1697 00:54:46,515 --> 00:54:47,182 fourteen twenty sachs by title 1698 00:54:47,182 --> 00:54:49,582 only for first reading 1699 00:54:50,552 --> 00:54:51,320 ordinance number fifteen twenty 1700 00:54:51,320 --> 00:54:52,210 sachs an ordinance in the city 1701 00:54:52,210 --> 00:54:54,623 of new smyrna beach annexing 1702 00:54:54,623 --> 00:54:55,290 two point eight plus or minus 1703 00:54:55,290 --> 00:54:57,526 acres of property generally 1704 00:54:57,526 --> 00:54:58,160 located south of alster drive 1705 00:54:58,160 --> 00:54:58,794 east of corvin park road 1706 00:54:58,794 --> 00:55:00,794 providing for redefining 1707 00:55:01,263 --> 00:55:02,310 boundaries of the city 1708 00:55:02,310 --> 00:55:04,431 designating the property within 1709 00:55:05,000 --> 00:55:05,867 commission zone one providing 1710 00:55:05,867 --> 00:55:06,368 for public hearing provided for 1711 00:55:06,368 --> 00:55:07,200 required filings. 1712 00:55:07,200 --> 00:55:08,971 Providing for conflicting 1713 00:55:08,971 --> 00:55:09,671 ordinances providing for 1714 00:55:09,671 --> 00:55:10,139 severability and providing an 1715 00:55:10,139 --> 00:55:12,139 effective date. 1716 00:55:13,109 --> 00:55:13,943 Ordinance number sixteen 2006 1717 00:55:13,943 --> 00:55:14,643 and ordinance of the city 1718 00:55:14,643 --> 00:55:17,312 of new smyrna beach amending 1719 00:55:17,312 --> 00:55:18,470 the comprehensive plan change 1720 00:55:18,470 --> 00:55:18,781 in the future land use 1721 00:55:18,781 --> 00:55:21,383 designation of two point eight 1722 00:55:21,383 --> 00:55:21,984 plus or minus acres of property 1723 00:55:21,984 --> 00:55:23,984 generally located south 1724 00:55:24,220 --> 00:55:24,987 of doster drive east corvin 1725 00:55:24,987 --> 00:55:25,688 park road from volusia county. 1726 00:55:25,688 --> 00:55:28,880 Urban low intensity and 1727 00:55:28,357 --> 00:55:29,910 environmental systems corridor 1728 00:55:29,910 --> 00:55:29,725 to city conservation providing 1729 00:55:29,725 --> 00:55:31,725 for amendment associated 1730 00:55:32,995 --> 00:55:33,729 comprehensive and maps to show 1731 00:55:33,729 --> 00:55:34,463 that you're incorporated into 1732 00:55:34,463 --> 00:55:36,499 the city providing for public 1733 00:55:36,499 --> 00:55:37,266 hearing provided for ordinances 1734 00:55:37,266 --> 00:55:40,266 and providing an effective date 1735 00:55:40,803 --> 00:55:41,571 ordinance no 1724 sachs and 1736 00:55:41,571 --> 00:55:42,304 ordinance of the city of new 1737 00:55:42,304 --> 00:55:44,474 smyrna beach rezoning two point 1738 00:55:44,474 --> 00:55:45,173 eight plus or minus acres 1739 00:55:45,173 --> 00:55:47,573 of property generally located 1740 00:55:48,277 --> 00:55:49,145 south of dorsetshire drive east 1741 00:55:49,145 --> 00:55:49,879 korbin park road from english 1742 00:55:49,879 --> 00:55:52,279 county arcy resource corridor 1743 00:55:52,782 --> 00:55:56,382 airport overlay an r for async 1744 00:55:56,451 --> 00:55:57,420 urban single family airport or 1745 00:55:57,420 --> 00:55:59,555 relate to city c a conservation 1746 00:55:59,555 --> 00:56:00,189 airport overlay zoning district 1747 00:56:00,189 --> 00:56:00,823 providing for conflicting 1748 00:56:00,823 --> 00:56:01,557 ordinances, providing for 1749 00:56:01,557 --> 00:56:03,326 survivability and providing an 1750 00:56:03,326 --> 00:56:04,360 effective. 1751 00:56:04,360 --> 00:56:05,128 >> all three of those public 1752 00:56:05,128 --> 00:56:07,296 hearings will be FEBRUARY 10th 1753 00:56:07,296 --> 00:56:08,164 twenty twenty sachs city 1754 00:56:08,164 --> 00:56:11,164 attorney I think you were 1755 00:56:11,601 --> 00:56:12,235 reading number eighteen twenty 1756 00:56:12,235 --> 00:56:14,635 sachs on first reading. 1757 00:56:15,380 --> 00:56:15,705 >> well ordinance number 1826 1758 00:56:15,705 --> 00:56:18,705 and ordinance in the city 1759 00:56:18,742 --> 00:56:19,809 of new smyrna beach. 1760 00:56:19,809 --> 00:56:22,312 >> many in the land development 1761 00:56:22,312 --> 00:56:22,912 regulations amending article ex 1762 00:56:22,912 --> 00:56:23,446 subdivisions section one 1763 00:56:23,446 --> 00:56:25,446 thousand seven plot 1764 00:56:26,850 --> 00:56:27,584 requirements section one 1765 00:56:27,584 --> 00:56:29,984 thousand eight preliminary plot 1766 00:56:30,920 --> 00:56:31,654 and plans approval in section 1767 00:56:31,654 --> 00:56:34,654 one thousand nine final plot 1768 00:56:34,691 --> 00:56:35,325 and development plan approval 1769 00:56:35,325 --> 00:56:35,992 rating for codification 1770 00:56:35,992 --> 00:56:36,593 provided for public hearing 1771 00:56:36,593 --> 00:56:38,593 approved overexploiting 1772 00:56:38,828 --> 00:56:39,296 ordinances providing an 1773 00:56:39,296 --> 00:56:39,996 effective date. 1774 00:56:39,996 --> 00:56:42,396 Second reading public hearing 1775 00:56:42,565 --> 00:56:44,565 will be FEBRUARY 2026. 1776 00:56:45,734 --> 00:56:46,436 >> thank you city attorney 1777 00:56:46,436 --> 00:56:47,170 please read order summer 1778 00:56:47,170 --> 00:56:49,840 nineteen twenty sachs by title 1779 00:56:49,840 --> 00:56:50,807 only for his first reading word 1780 00:56:50,807 --> 00:56:53,807 in summer 1926 an ordinance in 1781 00:56:53,810 --> 00:56:54,444 the city of new smyrna beach, 1782 00:56:54,444 --> 00:56:55,145 florida amending chapter 1783 00:56:55,145 --> 00:56:57,514 seventy streets and sidewalks 1784 00:56:57,514 --> 00:56:58,582 and other public places article 1785 00:56:58,582 --> 00:57:01,551 one in general to add section 1786 00:57:01,551 --> 00:57:02,285 seventy sachs sleeping to 1787 00:57:02,285 --> 00:57:02,986 prohibit sleeping on public 1788 00:57:02,986 --> 00:57:03,620 streets, alleys, sidewalks and 1789 00:57:03,620 --> 00:57:06,200 rights away providing for 1790 00:57:06,356 --> 00:57:07,900 codification and providing for 1791 00:57:07,900 --> 00:57:07,791 public hearing provided for the 1792 00:57:07,791 --> 00:57:09,993 ordinances running for several 1793 00:57:09,993 --> 00:57:10,293 and providing an effective 1794 00:57:10,293 --> 00:57:10,927 date. 1795 00:57:10,927 --> 00:57:13,327 Second reading and public 1796 00:57:13,530 --> 00:57:13,797 hearing will be FEBRUARY 10 20 1797 00:57:13,797 --> 00:57:15,797 26. 1798 00:57:16,900 --> 00:57:17,733 >> thank you city attorney 1799 00:57:17,733 --> 00:57:20,704 moving on the boards and 1800 00:57:20,704 --> 00:57:21,338 commissions 12 we have the 1801 00:57:21,338 --> 00:57:23,338 animal control board. 1802 00:57:24,908 --> 00:57:25,676 I think what we did was city 1803 00:57:25,676 --> 00:57:26,100 clerk is going to be looking 1804 00:57:26,100 --> 00:57:27,845 for us. 1805 00:57:27,845 --> 00:57:28,779 >> we temporarily approved 1806 00:57:28,779 --> 00:57:31,779 three to the JANUARY twenty 1807 00:57:32,349 --> 00:57:35,349 three to temporarily and city 1808 00:57:35,853 --> 00:57:36,820 clerk I think you want us to 1809 00:57:36,820 --> 00:57:40,900 move approve those three to the 1810 00:57:40,900 --> 00:57:42,490 JANUARY twenty twenty eight 1811 00:57:43,894 --> 00:57:44,828 twenty twenty eight date so yes 1812 00:57:44,828 --> 00:57:45,496 at their last meeting that we 1813 00:57:45,496 --> 00:57:47,896 brought to you applicants 1814 00:57:48,666 --> 00:57:49,400 because we need to have a 1815 00:57:49,400 --> 00:57:51,802 hearing that was going to be 1816 00:57:51,802 --> 00:57:52,670 appealed and the last meeting 1817 00:57:52,670 --> 00:57:53,403 we asked for a temporary 1818 00:57:53,403 --> 00:57:56,273 extension for three members so 1819 00:57:56,273 --> 00:57:57,700 the clerk's office is now 1820 00:57:57,700 --> 00:57:59,376 seeking to go ahead and fully 1821 00:57:59,376 --> 00:58:00,770 appoint five members tonight to 1822 00:58:00,770 --> 00:58:02,477 fulfill the board consistency 1823 00:58:03,613 --> 00:58:04,582 for the animal control board. 1824 00:58:04,582 --> 00:58:07,651 So my first motion I'm looking 1825 00:58:07,651 --> 00:58:11,540 for is the three members that 1826 00:58:11,540 --> 00:58:11,989 we did the 30 day extension to 1827 00:58:11,989 --> 00:58:14,258 ask for an extension so that 1828 00:58:14,258 --> 00:58:15,126 they can fulfill their two year 1829 00:58:15,126 --> 00:58:17,526 terms until the JANUARY 28, 1830 00:58:19,597 --> 00:58:21,597 2012 eight term extension. 1831 00:58:22,366 --> 00:58:23,201 >> so that would be member engo 1832 00:58:23,201 --> 00:58:25,601 member diana hoffman and 1833 00:58:29,373 --> 00:58:30,441 veterinarian robert leonard. 1834 00:58:30,441 --> 00:58:33,441 >> so I'm just looking for 1835 00:58:34,110 --> 00:58:36,681 motion I'd like to make that 1836 00:58:36,681 --> 00:58:37,482 motion a second I second call 1837 00:58:37,482 --> 00:58:39,882 the roll commissioner pareene 1838 00:58:40,385 --> 00:58:41,190 yes. 1839 00:58:41,190 --> 00:58:41,653 Commissioner martin yes. 1840 00:58:41,653 --> 00:58:43,653 Commissioner ashely yes. 1841 00:58:44,655 --> 00:58:47,550 Vice mayor mcgirk yes. 1842 00:58:48,660 --> 00:58:49,360 >> ok so now we have to 1843 00:58:49,360 --> 00:58:51,760 consider MISS Jane mcgrady's 1844 00:58:52,463 --> 00:58:53,565 who is an animal owner. 1845 00:58:53,565 --> 00:58:54,265 She's asked to be considered to 1846 00:58:54,265 --> 00:58:57,168 serve another term she has 1847 00:58:57,168 --> 00:58:57,935 served one term and she would 1848 00:58:57,935 --> 00:59:00,805 like to be reappointed as an 1849 00:59:00,805 --> 00:59:01,539 animal owner or we have two 1850 00:59:01,539 --> 00:59:03,842 other animal owners that are 1851 00:59:03,842 --> 00:59:04,609 presented to you that would 1852 00:59:04,609 --> 00:59:05,276 like to be considered for an 1853 00:59:05,276 --> 00:59:05,744 appointment to the animal 1854 00:59:05,744 --> 00:59:07,744 control board. 1855 00:59:07,946 --> 00:59:08,646 So it's the commission's 1856 00:59:08,646 --> 00:59:11,460 pleasure to either reappoint 1857 00:59:12,500 --> 00:59:15,320 jane mcgrady for a second termm 1858 00:59:15,320 --> 00:59:16,287 or to select karen o'leary 1859 00:59:16,287 --> 00:59:19,791 o'leary or clayton crane as the 1860 00:59:19,791 --> 00:59:20,525 animal owner to fill the 1861 00:59:20,525 --> 00:59:23,161 vacancy on the animal control 1862 00:59:23,161 --> 00:59:23,662 board has MISS Mcgrady been a 1863 00:59:23,662 --> 00:59:25,662 good participant? 1864 00:59:27,399 --> 00:59:27,666 Yes, and she's going to serve 1865 00:59:27,666 --> 00:59:28,300 yes. 1866 00:59:28,300 --> 00:59:28,600 >> she's willing to serve 1867 00:59:28,600 --> 00:59:30,600 again. 1868 00:59:31,336 --> 00:59:34,506 Ok, is there anyone want to 1869 00:59:34,506 --> 00:59:35,173 make a motion for MISS Mcgrady 1870 00:59:35,173 --> 00:59:37,573 or nominate someone else? 1871 00:59:38,443 --> 00:59:39,411 I will make a motion to approve 1872 00:59:39,411 --> 00:59:42,280 mcgrady and I'll second that 1873 00:59:42,280 --> 00:59:45,280 city clerk on the roll 1874 00:59:46,952 --> 00:59:47,686 coommissioner martin yes. 1875 00:59:47,686 --> 00:59:48,320 Coommissioner actually yes. 1876 00:59:48,320 --> 00:59:50,155 Vice mayor mcgirk yes. 1877 00:59:50,155 --> 00:59:50,655 Coommissioner yes. 1878 00:59:50,655 --> 00:59:52,655 Thank you. 1879 00:59:53,525 --> 00:59:54,159 And then one and final the 1880 00:59:54,159 --> 00:59:54,926 final qualification or 1881 00:59:54,926 --> 00:59:57,996 composition for the board is a 1882 00:59:57,996 --> 00:59:59,970 non animal owner. 1883 00:59:59,970 --> 00:59:59,831 We have two non animal animal 1884 00:59:59,831 --> 01:00:02,670 owners who are willing to serve 1885 01:00:02,670 --> 01:00:03,102 on the board. 1886 01:00:03,102 --> 01:00:05,771 >> that's pat weber sones and 1887 01:00:05,771 --> 01:00:06,771 julie strickland. 1888 01:00:06,771 --> 01:00:08,975 So it's commission's pleasure 1889 01:00:08,975 --> 01:00:09,742 to pick one non animal owner to 1890 01:00:09,742 --> 01:00:10,141 serve on the board any 1891 01:00:10,141 --> 01:00:12,141 nominations? 1892 01:00:13,312 --> 01:00:14,480 >> julie strickland and I'd 1893 01:00:14,480 --> 01:00:17,116 second that ok and I will call 1894 01:00:17,116 --> 01:00:17,916 role commissioner brene. 1895 01:00:17,916 --> 01:00:19,916 Yes, commissioner martin. 1896 01:00:21,420 --> 01:00:22,221 Yes. 1897 01:00:22,221 --> 01:00:22,488 >> commissioner ashley. 1898 01:00:22,488 --> 01:00:22,954 Yes. 1899 01:00:22,954 --> 01:00:23,222 Vice mirrabooka. 1900 01:00:23,222 --> 01:00:24,489 Yes. 1901 01:00:24,489 --> 01:00:25,157 thank you, MISS Trickle into 1902 01:00:25,157 --> 01:00:25,591 the animal control board. 1903 01:00:25,591 --> 01:00:26,325 >> thank you. 1904 01:00:26,325 --> 01:00:29,325 And that's all for today. 1905 01:00:29,562 --> 01:00:30,329 Also I am advertising for the 1906 01:00:30,329 --> 01:00:32,998 open position on the utilities 1907 01:00:32,998 --> 01:00:33,966 commission. 1908 01:00:33,966 --> 01:00:34,700 We will keep that advertisement 1909 01:00:34,700 --> 01:00:35,340 for this meeting in the next 1910 01:00:35,340 --> 01:00:36,235 meeting. 1911 01:00:36,235 --> 01:00:36,969 The applications will be 1912 01:00:36,969 --> 01:00:37,836 emailed to you for your 1913 01:00:37,836 --> 01:00:40,639 reference and review and we can 1914 01:00:40,639 --> 01:00:43,639 expect that on which meeting 1915 01:00:43,843 --> 01:00:44,811 right now it's the last meeting 1916 01:00:44,811 --> 01:00:47,280 in MARCH will present them to 1917 01:00:47,280 --> 01:00:47,813 be appointed to the board. 1918 01:00:47,813 --> 01:00:48,481 Ok, great. 1919 01:00:48,481 --> 01:00:48,948 Thank you city clerk. 1920 01:00:48,948 --> 01:00:49,415 You're welcome. 1921 01:00:49,415 --> 01:00:51,415 All right. 1922 01:00:51,450 --> 01:00:53,450 Moving on to 1923 01:00:56,322 --> 01:00:58,322 commissioner comments I'll 1924 01:00:59,192 --> 01:00:59,425 start with commissioner pareene 1925 01:00:59,425 --> 01:01:00,260 . 1926 01:01:00,260 --> 01:01:01,160 >> thank you. 1927 01:01:01,160 --> 01:01:03,796 Um, I just thought we had a 1928 01:01:03,796 --> 01:01:04,464 great turnout to police the 1929 01:01:04,464 --> 01:01:07,464 league of cities this week. 1930 01:01:07,633 --> 01:01:08,267 It was a oakhill and 1931 01:01:08,267 --> 01:01:08,935 mayor rikki taylor did a 1932 01:01:08,935 --> 01:01:11,335 fabulous job at goodrich's. 1933 01:01:11,904 --> 01:01:12,372 They did at this time seafood 1934 01:01:12,372 --> 01:01:14,372 was excellent. 1935 01:01:15,274 --> 01:01:16,442 We had an excellent speaker 1936 01:01:16,442 --> 01:01:19,450 named holly smith and she was a 1937 01:01:19,450 --> 01:01:22,450 pass mayor of sanibel island 1938 01:01:23,316 --> 01:01:24,250 and she gave an amazing report 1939 01:01:24,250 --> 01:01:27,754 on how the hurricane took out 1940 01:01:27,754 --> 01:01:28,621 their bridge and how the 1941 01:01:28,621 --> 01:01:32,221 residents how to deal with that 1942 01:01:32,291 --> 01:01:32,926 impact of not being able to get 1943 01:01:32,926 --> 01:01:35,829 to their own homes and the 1944 01:01:35,829 --> 01:01:36,529 island so she gave a lot 1945 01:01:36,529 --> 01:01:36,996 of good pointers about that 1946 01:01:36,996 --> 01:01:38,996 disaster relief. 1947 01:01:39,265 --> 01:01:39,699 I hope we never have to go 1948 01:01:39,699 --> 01:01:41,699 through that. 1949 01:01:42,869 --> 01:01:43,236 But it was a very good 1950 01:01:43,236 --> 01:01:44,136 solution. 1951 01:01:44,136 --> 01:01:47,206 league of cities and the last 1952 01:01:47,206 --> 01:01:47,940 thing I have I just want to 1953 01:01:47,940 --> 01:01:50,443 remind everyone that we have 1954 01:01:50,443 --> 01:01:52,843 our homeless shelter mayor's 1955 01:01:54,314 --> 01:01:55,810 event on FEBRUARY 7th on 1956 01:01:55,810 --> 01:01:58,810 saturday night it's at sachs 1957 01:01:58,351 --> 01:01:58,852 P.M. At the hilton daytona 1958 01:01:58,852 --> 01:02:00,852 oceanfront resort. 1959 01:02:01,421 --> 01:02:01,721 I hope to see everyone there 1960 01:02:01,721 --> 01:02:03,721 great. 1961 01:02:05,926 --> 01:02:07,926 >> commissioner martin, um, 1962 01:02:09,396 --> 01:02:10,530 just saying inspiring speakers 1963 01:02:10,530 --> 01:02:11,297 ,good music and dance at the 1964 01:02:11,297 --> 01:02:14,670 babe james center where a 1965 01:02:14,670 --> 01:02:17,670 lovely tribute to martin luther 1966 01:02:18,172 --> 01:02:18,839 king JR. And was also nice to 1967 01:02:18,839 --> 01:02:20,507 see a good turnout for the 1968 01:02:20,507 --> 01:02:21,141 crimson cares charity 1969 01:02:21,141 --> 01:02:23,141 fundraiser benefiting the 1970 01:02:24,978 --> 01:02:25,846 police foundation and I hope 1971 01:02:25,846 --> 01:02:29,820 the entire staff of the msb 1972 01:02:29,820 --> 01:02:32,820 feel supported by the nsb 1973 01:02:32,753 --> 01:02:33,687 community images with fabulous 1974 01:02:33,687 --> 01:02:36,687 as always and notably the 1975 01:02:37,124 --> 01:02:39,524 beloved band brought together 1976 01:02:40,927 --> 01:02:43,927 all different segments of our 1977 01:02:45,320 --> 01:02:45,766 local community poor rich, red, 1978 01:02:45,766 --> 01:02:48,166 blue everybody found common 1979 01:02:49,536 --> 01:02:52,840 ground and it was so beautiful 1980 01:02:52,840 --> 01:02:53,507 to see everybody on this common 1981 01:02:53,507 --> 01:02:55,907 ground singing together and 1982 01:02:56,744 --> 01:02:57,644 dancing together. 1983 01:02:57,644 --> 01:03:01,810 So many thanks for the beloved 1984 01:03:01,810 --> 01:03:01,815 band I was also delighted by 1985 01:03:01,815 --> 01:03:04,585 the removal of the cordaro 1986 01:03:04,585 --> 01:03:05,352 civic center and want to put a 1987 01:03:05,352 --> 01:03:08,522 big thank you out to directors 1988 01:03:08,522 --> 01:03:11,926 rob salazar, david ray and all 1989 01:03:11,926 --> 01:03:12,893 the staff that made it happen. 1990 01:03:12,893 --> 01:03:15,663 And finally I would like to 1991 01:03:15,663 --> 01:03:16,296 remind my fellow commissioners 1992 01:03:16,296 --> 01:03:18,296 variances, reasonings and 1993 01:03:19,967 --> 01:03:20,401 special exceptions follow the 1994 01:03:20,401 --> 01:03:22,401 land correct. 1995 01:03:23,971 --> 01:03:25,390 >> not the current owner, not 1996 01:03:25,390 --> 01:03:27,908 the site plan that the proposed 1997 01:03:27,908 --> 01:03:31,412 use just the property that yes, 1998 01:03:31,412 --> 01:03:31,912 I was going to address in my 1999 01:03:31,912 --> 01:03:32,480 comments as well. 2000 01:03:32,480 --> 01:03:34,480 >> thank you. 2001 01:03:35,517 --> 01:03:36,500 thank michel martin. 2002 01:03:36,500 --> 01:03:36,550 MR. Ashley. 2003 01:03:36,550 --> 01:03:36,951 Thank you. 2004 01:03:36,951 --> 01:03:38,951 Vice mayor. 2005 01:03:39,954 --> 01:03:42,991 I would like to give a shoutut 2006 01:03:42,991 --> 01:03:44,125 out to a city employee. 2007 01:03:44,125 --> 01:03:46,327 His name is kevin mcchrystal. 2008 01:03:46,327 --> 01:03:47,395 He's the plans examiner. 2009 01:03:47,395 --> 01:03:50,131 He helped a friend of mine from 2010 01:03:50,131 --> 01:03:51,165 venetian bay with questions. 2011 01:03:51,165 --> 01:03:54,165 My friend's name is larry 2012 01:03:54,869 --> 01:03:55,503 moskva and he asked me how he 2013 01:03:55,503 --> 01:03:57,503 should handle permitting 2014 01:03:58,572 --> 01:03:59,640 anything about permitting much. 2015 01:03:59,640 --> 01:04:01,809 I said you should go down to 2016 01:04:01,809 --> 01:04:02,576 the office and ask your 2017 01:04:02,576 --> 01:04:02,877 questions and he was actually 2018 01:04:02,877 --> 01:04:04,877 done. 2019 01:04:06,247 --> 01:04:07,140 He said I can't I'm talking at 2020 01:04:07,140 --> 01:04:09,484 the level kevin overheard the 2021 01:04:09,484 --> 01:04:11,484 conversation and voluntarily 2022 01:04:13,388 --> 01:04:14,454 and simply just went up. 2023 01:04:14,454 --> 01:04:17,225 I had a conversation with them, 2024 01:04:17,225 --> 01:04:17,959 answered his questions and I 2025 01:04:17,959 --> 01:04:20,959 was just floored by the 2026 01:04:21,290 --> 01:04:21,963 personal attention that 2027 01:04:21,963 --> 01:04:25,660 kevin gave was so he called me 2028 01:04:25,660 --> 01:04:25,633 and said, brian, you do you 2029 01:04:25,633 --> 01:04:28,330 want this guy kevin? 2030 01:04:28,703 --> 01:04:29,604 I said I don't he said I just 2031 01:04:29,604 --> 01:04:30,371 want to tell you what happened 2032 01:04:30,371 --> 01:04:32,206 and he explained what happened. 2033 01:04:32,206 --> 01:04:33,375 He was so grateful so he shared 2034 01:04:33,375 --> 01:04:36,478 it with you and it is often you 2035 01:04:36,478 --> 01:04:37,110 get a chance to praise a city 2036 01:04:37,110 --> 01:04:37,746 employee like that. 2037 01:04:37,746 --> 01:04:39,914 >> so I'm taking the 2038 01:04:39,914 --> 01:04:42,314 opportunity and I'm very 2039 01:04:43,751 --> 01:04:44,719 grateful for the people who 2040 01:04:44,719 --> 01:04:45,186 have met with me in the past 2041 01:04:45,186 --> 01:04:45,887 couple of weeks. 2042 01:04:45,887 --> 01:04:48,256 Mark billing's and stephanie 2043 01:04:48,256 --> 01:04:51,260 ford had a chance to meet with 2044 01:04:51,260 --> 01:04:51,893 them and it's also helpful to 2045 01:04:51,893 --> 01:04:54,763 me to gain new knowledge and I 2046 01:04:54,763 --> 01:04:55,630 really appreciate it and I want 2047 01:04:55,630 --> 01:04:58,800 to thank them for helping out 2048 01:04:58,800 --> 01:05:02,400 that the golf club at venetian 2049 01:05:02,804 --> 01:05:03,505 bay once a year hosts a very, 2050 01:05:03,505 --> 01:05:05,505 very interesting organization, 2051 01:05:06,842 --> 01:05:07,242 the american golfers 2052 01:05:07,242 --> 01:05:09,242 association. 2053 01:05:10,145 --> 01:05:12,545 There are several participants 2054 01:05:15,116 --> 01:05:18,716 all playing golf with you and 2055 01:05:18,720 --> 01:05:19,388 your boys and girls and it is 2056 01:05:19,388 --> 01:05:22,224 an opportunity to see these 2057 01:05:22,224 --> 01:05:23,250 people play golf because most 2058 01:05:23,250 --> 01:05:25,828 of them play better than people 2059 01:05:25,828 --> 01:05:26,895 with tormes. 2060 01:05:26,895 --> 01:05:30,265 I mean it is absolutely amazing 2061 01:05:30,265 --> 01:05:31,399 and this organization out 2062 01:05:31,399 --> 01:05:34,470 of the world and for them to 2063 01:05:34,470 --> 01:05:37,840 select the city of smyrna beach 2064 01:05:37,840 --> 01:05:41,210 and venetian bay as a venue is 2065 01:05:41,210 --> 01:05:42,111 an honor and it just so happens 2066 01:05:42,111 --> 01:05:45,147 that one of the members of that 2067 01:05:45,147 --> 01:05:45,581 organization lives here in new 2068 01:05:45,581 --> 01:05:46,548 smyrna beach. 2069 01:05:46,548 --> 01:05:49,218 His name is james and I want to 2070 01:05:49,218 --> 01:05:52,688 give a shout out to jackie for 2071 01:05:52,688 --> 01:05:53,656 spreading the participation 2072 01:05:53,656 --> 01:05:57,226 of a course here in new smyrna 2073 01:05:57,226 --> 01:06:00,226 beach, venetian bay club then 2074 01:06:01,130 --> 01:06:01,864 came out and kind of kicked off 2075 01:06:01,864 --> 01:06:04,734 the tournament with a speech 2076 01:06:04,734 --> 01:06:05,434 not long just a couple 2077 01:06:05,434 --> 01:06:08,434 of hundred comments and the 2078 01:06:08,704 --> 01:06:09,305 guys really, really appreciated 2079 01:06:09,305 --> 01:06:11,705 us being in charge 2080 01:06:12,174 --> 01:06:13,242 of supporting them. 2081 01:06:13,242 --> 01:06:17,246 So I wanted to thank them for 2082 01:06:17,246 --> 01:06:19,214 doing that and that's a great 2083 01:06:19,214 --> 01:06:20,349 MISS Usa and I take my golf 2084 01:06:20,349 --> 01:06:21,830 game in so that I'm sure every 2085 01:06:21,830 --> 01:06:21,617 single one of those one of our 2086 01:06:21,617 --> 01:06:23,919 people can beat me. 2087 01:06:23,919 --> 01:06:25,919 No problem. 2088 01:06:27,590 --> 01:06:31,360 Ok, so we had images this past 2089 01:06:31,360 --> 01:06:34,960 weekend and I can't say enough 2090 01:06:34,964 --> 01:06:35,798 about what and what a fantastic 2091 01:06:35,798 --> 01:06:36,299 contribution or asset images is 2092 01:06:36,299 --> 01:06:38,299 to our community. 2093 01:06:39,402 --> 01:06:42,402 We had amazing warm weather. 2094 01:06:43,106 --> 01:06:43,940 >> that town was packed images 2095 01:06:43,940 --> 01:06:46,842 was highly successful as always 2096 01:06:46,842 --> 01:06:50,246 in the economic benefit that it 2097 01:06:50,246 --> 01:06:53,246 brings to this community I 2098 01:06:56,986 --> 01:06:59,986 cannot overstate so I love 2099 01:07:01,324 --> 01:07:01,758 the 2100 01:07:01,758 --> 01:07:02,625 aca. 2101 01:07:02,625 --> 01:07:03,259 i love our relationship with 2102 01:07:03,259 --> 01:07:04,227 the aca and images just 2103 01:07:04,227 --> 01:07:04,860 continues to just do an amazing 2104 01:07:04,860 --> 01:07:06,529 thing in our community. 2105 01:07:06,529 --> 01:07:07,631 >> the mlk walk my apologies. 2106 01:07:07,631 --> 01:07:09,299 I was not able to make it this 2107 01:07:09,299 --> 01:07:13,169 year but I look forward to it 2108 01:07:13,169 --> 01:07:16,769 next year moving on to city 2109 01:07:16,939 --> 01:07:17,307 courts report nothing else at 2110 01:07:17,307 --> 01:07:17,707 this time. 2111 01:07:17,707 --> 01:07:19,707 Thank you. 2112 01:07:21,770 --> 01:07:21,811 Ok, city attorney um yeah I 2113 01:07:21,811 --> 01:07:24,811 just was going to highlight 2114 01:07:24,981 --> 01:07:25,582 three different bills and kind 2115 01:07:25,582 --> 01:07:26,316 of follow up on what 2116 01:07:26,316 --> 01:07:28,716 commissioner martin was saying 2117 01:07:28,718 --> 01:07:31,118 regarding um zoning running 2118 01:07:31,721 --> 01:07:32,422 with the land um so in my 2119 01:07:32,422 --> 01:07:34,822 report there's several bills 2120 01:07:36,930 --> 01:07:36,760 the ones that are kind 2121 01:07:36,760 --> 01:07:37,461 of topical right now either 2122 01:07:37,461 --> 01:07:40,163 because they've come up in 2123 01:07:40,163 --> 01:07:40,464 conversation or one from last 2124 01:07:40,464 --> 01:07:42,464 year. 2125 01:07:43,333 --> 01:07:44,101 I know commissioner pareene had 2126 01:07:44,101 --> 01:07:44,868 worked on the sovereign 2127 01:07:44,868 --> 01:07:47,868 immunity caps the proposal this 2128 01:07:48,105 --> 01:07:51,275 year is to go from two hundred 2129 01:07:51,275 --> 01:07:52,750 thousand per person three 2130 01:07:52,750 --> 01:07:52,909 hundred thousand per incident, 2131 01:07:52,909 --> 01:07:55,679 change those to five hundred 2132 01:07:55,679 --> 01:07:58,679 thousand per person one million 2133 01:07:59,249 --> 01:08:00,150 per incident as well as staging 2134 01:08:00,150 --> 01:08:00,918 an increase for twenty thirty 2135 01:08:00,918 --> 01:08:03,754 one where the five hundred will 2136 01:08:03,754 --> 01:08:04,488 go to sachs hundred the million 2137 01:08:04,488 --> 01:08:04,821 would go to one point two 2138 01:08:04,821 --> 01:08:06,821 million. 2139 01:08:07,910 --> 01:08:07,991 Um they also would change it 2140 01:08:07,991 --> 01:08:11,295 right now if you need to exceed 2141 01:08:11,295 --> 01:08:11,996 those limits in order to settle 2142 01:08:11,996 --> 01:08:14,497 like a personal injury claim 2143 01:08:14,497 --> 01:08:15,532 you think of like loss of life 2144 01:08:15,532 --> 01:08:16,233 ,that type of claim you 2145 01:08:16,233 --> 01:08:18,569 normally have to go to the 2146 01:08:18,569 --> 01:08:19,370 legislature to get a claims 2147 01:08:19,370 --> 01:08:22,370 bill but under this proposed 2148 01:08:22,506 --> 01:08:23,340 legislation it would allow 2149 01:08:23,340 --> 01:08:24,108 local government to settle that 2150 01:08:24,108 --> 01:08:25,942 claim without going through the 2151 01:08:25,942 --> 01:08:27,942 legislature. 2152 01:08:29,847 --> 01:08:30,481 >> um, the other popular common 2153 01:08:30,481 --> 01:08:32,881 household talk would be 2154 01:08:34,151 --> 01:08:36,551 regarding senate bill one 2155 01:08:37,655 --> 01:08:38,422 eighty the fix under sb 840 2156 01:08:38,422 --> 01:08:39,190 there's a senate bill and 2157 01:08:39,190 --> 01:08:41,726 there's a house bill companion. 2158 01:08:41,726 --> 01:08:42,126 The senate bill is actually 2159 01:08:42,126 --> 01:08:44,126 pretty good. 2160 01:08:46,130 --> 01:08:46,897 Um, the only issue that I would 2161 01:08:46,897 --> 01:08:49,467 like but we're grateful to get 2162 01:08:49,467 --> 01:08:50,100 what we could get would be to 2163 01:08:50,100 --> 01:08:52,100 shorten that retroactive 2164 01:08:53,303 --> 01:08:54,380 provision that went back to 2165 01:08:54,380 --> 01:08:54,839 eight one twenty four and try 2166 01:08:54,839 --> 01:08:57,740 to push it up to when they 2167 01:08:57,740 --> 01:08:58,420 actually adopted. 2168 01:08:58,420 --> 01:09:01,420 But generally it fixes most 2169 01:09:01,111 --> 01:09:04,711 of the issues that were raised. 2170 01:09:05,820 --> 01:09:05,816 >> the house bill is not does 2171 01:09:05,816 --> 01:09:08,720 not address things like eight 2172 01:09:08,720 --> 01:09:09,520 forty does so we really prefer 2173 01:09:09,520 --> 01:09:10,387 the senate bill version. 2174 01:09:10,387 --> 01:09:12,456 And finally another one was 2175 01:09:12,456 --> 01:09:14,456 regarding building permits. 2176 01:09:16,126 --> 01:09:16,894 So there's proposed legislation 2177 01:09:16,894 --> 01:09:19,894 senate bill nine sixty eight 2178 01:09:19,964 --> 01:09:20,798 house bill ten forty nine where 2179 01:09:20,798 --> 01:09:21,532 it would provide an exemption 2180 01:09:21,532 --> 01:09:24,532 from getting a building permit 2181 01:09:28,600 --> 01:09:29,240 for generators. 2182 01:09:29,240 --> 01:09:32,240 >> um so you could still 2183 01:09:32,276 --> 01:09:33,770 inspect those generator 2184 01:09:33,770 --> 01:09:35,847 installations to make sure they 2185 01:09:35,847 --> 01:09:36,648 comply with the florida 2186 01:09:36,648 --> 01:09:37,148 building code or the fire 2187 01:09:37,148 --> 01:09:37,949 prevention code. 2188 01:09:37,949 --> 01:09:40,185 But we couldn't require a 2189 01:09:40,185 --> 01:09:41,850 permit. 2190 01:09:41,850 --> 01:09:43,455 It also provides for no permits 2191 01:09:43,455 --> 01:09:44,210 required for work under seventy 2192 01:09:44,210 --> 01:09:46,210 five hundred dollars. 2193 01:09:47,158 --> 01:09:47,759 But caveats for electrical 2194 01:09:47,759 --> 01:09:48,226 plumbing or structural 2195 01:09:48,226 --> 01:09:48,927 structural work. 2196 01:09:48,927 --> 01:09:51,696 But it would remove the 2197 01:09:51,696 --> 01:09:52,364 requirement for permits for 2198 01:09:52,364 --> 01:09:54,764 outside doors and exterior 2199 01:09:55,233 --> 01:09:55,533 windows that's on single family 2200 01:09:55,533 --> 01:09:56,401 homes. 2201 01:09:56,401 --> 01:09:59,401 >> and then finally just going 2202 01:09:59,704 --> 01:10:00,405 back to you know, land use 2203 01:10:00,405 --> 01:10:01,406 decisions run with the land. 2204 01:10:01,406 --> 01:10:02,841 The purpose of that is so we're 2205 01:10:02,841 --> 01:10:03,308 not making discriminatory land 2206 01:10:03,308 --> 01:10:04,242 use decisions. 2207 01:10:04,242 --> 01:10:07,212 So for example, if you think 2208 01:10:07,212 --> 01:10:07,946 about a bank, if a bank is 2209 01:10:07,946 --> 01:10:10,946 permitted use in that zoning 2210 01:10:10,949 --> 01:10:11,683 district, it doesn't matter 2211 01:10:11,683 --> 01:10:14,683 whether it's bank of america, 2212 01:10:14,953 --> 01:10:15,687 wells fargo or any other 2213 01:10:15,687 --> 01:10:16,455 financial institution, you're 2214 01:10:16,455 --> 01:10:18,323 looking at the use of the land 2215 01:10:18,323 --> 01:10:19,910 so my concern is we should not 2216 01:10:19,910 --> 01:10:22,910 be making that general practice 2217 01:10:22,394 --> 01:10:23,128 to tie it to the owner because 2218 01:10:23,128 --> 01:10:23,395 you can get into trouble that 2219 01:10:23,395 --> 01:10:25,395 way. 2220 01:10:25,797 --> 01:10:26,565 This particular application the 2221 01:10:26,565 --> 01:10:27,320 applicant must have agreed to 2222 01:10:27,320 --> 01:10:29,320 that condition. 2223 01:10:30,202 --> 01:10:30,902 Um, you in these land use 2224 01:10:30,902 --> 01:10:33,302 decisions are there different 2225 01:10:33,806 --> 01:10:34,373 than a sidewalk cafe license 2226 01:10:34,373 --> 01:10:35,107 where they're getting 2227 01:10:35,107 --> 01:10:37,376 permission to use our property? 2228 01:10:37,376 --> 01:10:38,310 Those can be personal to the 2229 01:10:38,310 --> 01:10:41,310 applicant and have to be 2230 01:10:41,780 --> 01:10:42,481 renewed so that's all. 2231 01:10:42,481 --> 01:10:42,915 >> thank you. 2232 01:10:42,915 --> 01:10:44,915 Thank you. 2233 01:10:44,982 --> 01:10:45,451 City attorney city manager. 2234 01:10:45,451 --> 01:10:45,918 Any comment? 2235 01:10:45,918 --> 01:10:47,918 Nothing, sir. 2236 01:10:47,953 --> 01:10:52,153 Ok with that done a meeting is 2237 01:10:53,992 --> 01:10:55,992 adjourned 2238 01:10:56,295 --> 01:10:58,295 .