good evening and welcome to the
regular city commission meeting
for tuesday, JANUARY twenty
seven twenty twenty sachs now
come to order please join me in
putting your cell phones on
silent something we usually
forget.
>> thank you.
>> city clerk please call the
roll commissioner pareene here
commissioner martin
commissioner actually
vice mayor mcgirk here mayor of
cleveland has an excused
absence.
Thank you city clerk please
gentlemen please stand for the
invocation.
Commissioner pareene is going
to read us the invocation and
then we're going to do the
pledge of allegiance spowart
headspace dear precious
heavenly father we thank you
for this day this beautiful
city that we live in and all
of the leaders up here making
these decisions for what's best
for our community.
Please watch over and guide us
,be with our citizens, help
direct us be peace and we give
you graciously all of our
things.
>> amen.
Amen.
Thank you MR. Allegiance to the
flag of the united states
of america and to the republic
for which it stands one nation
under GOD indivisible with
liberty and justice.
Thank you.
Be seated at this time I'd like
to take a brief moment
of silence for assistance
manager ronnie bird who can't
be with here, can't be with
here, can't be with us here
tonight due to his the passing
of his mother.
>> so please take a moment
of silence
.
Thank you.
City manager ai are there any
changes to the agenda?
Yes sir.
We we do have a couple
of changes.
Item seven f has been withdrawn
from the consent agenda and
also wanted to notify you that
item ten a we have received a
request from the applicant to
continue that to the MARCH 10th
meeting again this item tonight
ask to do with s village on
their application for community
development district.
You might want to you'll have
to vote to continue that.
You might want to do that early
in case there's anybody here
waiting for that.
>> sure.
City attorney, I think you had
a statement you want to make on
it once you all vote.
>> ok, so is that is there a
motion to move the item today
to the MARCH 10th city
commission meeting?
>> I'll make that motion.
Second city clerk by the royal
commissioner bring yes
commissioner martin.
Yes, commissioner ashley.
Yes.
Vice mayor mcgurk.
Yes.
Thank you.
Motion passes very and for the
record ordinance number twenty
sachs and ordinance of the city
of new smyrna beach
establishing the south village
new smyrna beach community
development district pursuant
to chapter one ninety florida
statutes providing for
authority and power of the
district providing for the
board of supervisors of the
district, providing for the
district budget.
Providing for functions of the
district, providing for
miscellaneous provisions.
Providing for an effective date
and this item will be continued
to MARCH ten twenty twenty
sachs five thirty at two
fourteen sam's avenue a. In
this meeting hall.
>> thank you.
Thank you.
City attorney city manager do
you have a report for us
tonight?
>> yes sir.
Just a few things to mention
and since maham from cleveland
isn't here report that he and I
attended the volusia county
roundtable on JANUARY the 12th
at that meeting we had reports
from all of the volusia county
constitutional officers
including the sheriff, the tax
collector, tax appraiser, the
election supervisor and the
clerk of court.
We also had updates on pending
legislative session and a lot
of discussion about flooding
the work that's going on in
volusia county also report that
I did follow up with staff and
the complainant that was at the
meeting the previous meeting
concerning 705 falkiner street
of that complaint is being
investa ative investigated andnd
appropriate action will be
taken to resolve that matter.
I would also like to state for
the record there were some
allegations made about some
sort of staff impropriety
regarding that I can assure you
those allegations are not true.
>> also followed up on a
concern that the citizen
brought to us regarding
homelessness on canal street
and the impact that has on
business activity.
Again, we are doing everything
that we can within the confines
of the law to manage the
homeless and I did include some
statistics for you in the city
manager report just to show you
some of the activity that that
we are undertaking a couple
of other things obviously
images was this weekend a big
success with with respect to
that also and I am working with
staff for our next big
celebration in JULY the fourth
and I think we've got fireworks
on the agenda tonight and we're
looking forward to making that
a bigger celebration given the
two hundred and fiftieth
anniversary.
>> also mayor cleveland and
commissioner martin were in
attendance at the DR. Martin
luther king JR. Celebrations
and that was a fine event,
great attendance and was was
happy to be there representing
the city and that is my report
,sir.
>> thank you.
Great.T.
Thank you.
City manager, appreciate the
update on that and the
attendance of the roundtable.
An update on the roundtable
information at this time I'm
going to open up public
participation at three minutes
and there's going to be a green
light which starts three
minutes.
You have one minute remaining.
The light will turn yellow and
when the red light comes on you
will be that you will be out
of out of time.
>> so at this time please come
up if you have anything you
want to discuss on the agenda
or anything else you want to
talk about related to the city,
please come up and state your
name and address for the record
.
Hello commissioners staff my
name is david lannan and I
reside at seventeen hundred
section drive in new smyrna
beach.
I come before this panel to put
on the record my concern and
frustration about the current
road conditions in the
neighborhood I live in
galilee's lisa creek vistas was
approved and zoned residential
by the city of new smyrna beach
.
It is a neighborhood like many
other neighborhoods in new
smyrna beach with one exception
and that being saxen drive and
its classification as an urban
feeder.
My neighborhood is home to
people walking.
Their dogs are just taking a
walk.
It is home to people riding
bikes.
It is home to people of all
ages who work in the yards and
who stopped to chat with others
in the neighborhood.
Well, my neighbors and I have
to contend with it.
No other neighborhoods in new
smyrna beach are faced with is
a city owned road that due to
its classification has no
deterrents to speeding.
Police cannot patrol this road
on a constant basis and when
they do it is obvious there is
a lot of speeding taking place
given the amount of motorists
they pull over.
I would venture to say that if
any member of this panel had to
deal with the same issues as my
neighborhood there would be
changes made people should not
have to fear using sidewalks or
pathways from vehicle traffic.
It is an indisputable fact that
the population density is on
the rise and will continue to
rise in the future.
A zone residential area in an
urban theater are not
compatible if the city has the
power to create it also has the
power to change its creation
when necessary and for sachs
and drive that time is now the
northern part of from eleventh
avenue to third avenue and or
state road 44 is in desperate
need of change.
The speed limit at 25 miles per
hour needs to be the goal not
to suggestion I have in my hand
the signatures on the traffic
calming request form from a
majority of homeowners on saxum
from ninth avenue to the vacant
lot across from the truest
entrance residents are furious
and they want something done
before any more accidents take
place.
>> thank you for your time.
Thank you MR. Landon.
Is there anybody else for
public participation?
Ok, seeing none.
I'm going to close public
participation.
Ok at this time I'm going to
open up consent.
is there any coommissioner free
would you like to pull anything
from the consent agenda?
>> no thank you
commissioner martin just have
one question for seven be ok
hold on but I'm going to do is
have you have you pull it
instead of just comments you're
going to be you're nothing ok
go ahead and and discuss
seventeen.
>> well it's just the question
does the fec get half of the
vacated property?
I'm trying to understand if
what I think about property
vacation is accurate, that's
all.
>> so the railroad has an
easement over the property.
The property will be split to
the landowner on both sides and
I thought that what was your
storage makes any other
arrangements?
That's what they're private
matter.
Ok, but that's what I was
asking simply thank you.
>> ok, you want to make a
motion to approve that?
>> sure.
Motion to approve.
Is there a second I second ok
motion a second to approve item
b city clerk coommissioner
preened yes commissioner martin
yes.
Commissioner ashley yes.
Vice mayor mcgirk yes.
Item b consent agenda is
approved now can I have a
motion to approve on consent
agenda item a b c d e g h I and
j I'll make that motion second
again city call the roll
commissioner martin yes
commissioner ashley yes.
>> commissioner pareene yes.
vice mayor mcgirk yes.
>> consent agenda is approved.
>> moving on to item nine quasi
judicial hearings a quasi
judicial hearing is set to be
held to consider the approval
of a special exception c three
dash twenty five at thirteen
eleven north dixy freeway to
allow into our auto sales in
the b three highway service
district.
>> jake, I think you're going
to take this.
Yes, we have a special
exception request to allow
indoor auto sales and the be
three at thirteen where I
forgot the address here at nc
freeway between industrial park
avenue and pine street park
slide seven four three eight
one four zero zero zero zero
one zero thirteen eleven north
dixie freeway.
So here it is right here the
little yellow spot there on the
east side of U.S. One one large
parcel two point five nine
acres is b three surrounding
areas also b three has
underground exfiltration.
The site was once the former
mullinax dealership.
So what these people want to do
basically is take a portion
of one of these buildings here
and it's going to be indoor
auto sales.
So be nothing outside.
It's kind of more on a high end
collector luxury car side
of things and going to be
outside.
You hardly know there's no cars
being sold here.
So special exception
requirements that are for all
special exceptions the
requested use is listed among
the special exceptions
permitted in the district.
Yes, this is b three.
It is a criterion has been met
as auto sales are allowed and b
three special exceptions
of course is useful that
impaired the character of the
surrounding or adjoining
district or be detrimental to
the public health care for
morell's the property is
developed as a car dealership
originally this thing is going
to be totally indoors.
You really won't even know it's
there this criterion has been
met as well and adequate
utilities access roads,
drainage, sanitation are all
available and again the site's
been in use for four years.
This criteria has been met as
well.
Here's kind of the cars that
they have in there right now.
They're stored there and he's
not selling anything yet but
kind of like I think a bentley
and a ferrari they're and
planning and zoning recommended
five oh and we recommend as
well with two conditions obtain
a btr before theiness opens
and the approval be good for
two years or until they back
the business tax receipt has
been obtained.
Any questions for me?
>> thank you jay..
Any questions for go ahead
please correct me if I'm wrong
I'm looking for klarik vacation
but as I understand it granting
a special exception would apply
to all possible uses not
necessarily just indoor cars.
>> allow outdoor display
of cars, rvs new in use because
that's all it is.
>> this is limited to indoor.
That was his request.
Yes, but if it's if somebody
comes and he moves and the
different business takes it
over
then the next person has
to come in and do a new special
exception.
So are you telling me that the
special exception follows the
business is not the property
you're wading through is a
couple of years ago with the
same site where someone came
in, had it, sold it and then
leave it was the campbells
actually went through the same
process before.
>> so it it goes if they know
it's gone.
>> thank you for that
clarification and it's indoors
you limit to that as well.
>> thank you.
So ok any other questions for
jake.
>> ok at this time I'd like to
give the opportunity does the
applicant want to come up and
say anything to them you can
pass or you don't have to.
Yeah well a question come up at
this time we're going to go and
hear from the applicant and go
ahead and introduce yourself.
>> it's dennis toweled 13 11
north dixie freeway.
>> I'll ltt any questions for
the applicant
commissioner assignee you're
going to be in the business
of selling luxury cars now our
corporation owns the property
so we're just trying to get
that exemption granted.
So for indoor car sales no
outside display it's already in
our lease.
>> we don't allow any any
particular genre of cars that
we're talking about.
>> I wouldn't want to commit to
that right now and but we would
not allow for our leases.
Anything that's not operable
cannot come in.
They're damaged that lost
everything.
So we're very particular about
that and we don't allow any
outside display right now as it
is in our I'm just curious why
white wine?
Oh, because we don't want used
cars on the lot.
>> ok, yeah so we're ok with
someone coming in with a couple
three cars and saying and their
specialty cars and that type
of thing that was my specialty.
What does that mean.
Specialty?
>> well you know we have a lot
of collectors here in the city
and then we have a lot of high
end market also in this city.
>> I wouldn't call those used
cars.
I mean it sounds great with the
two you just saw.
>> those are probably between
80 and one hundred and twenty
thousand dollars.
So I mean those are unique cars
but we're just only trying to
let them sell inside because
most cars are sold on the
internet now they're not
driving up and down you one and
very going in, you know and so
we don't really need that.
I just think that we have a
great location.
We have all those bays in the
back.
No one we even know they're
there other than if you look
online and call a person and
want to come look at the car.
>> ok, any other questions for
the applicant?
>> ok, thank you very much.H.
Thank you.
At this time a commission that
we'll hear from members of the
public wishing to comment in
favor of the opposition of the
approval of said dash three
dash twenty five at thirteen
eleven north dixy freeway.
>> any members of the public
wish to do so?
Ok, seeing none.
I'm going to go ahead and close
a quasi judicial hearing.
>> does the city staff at the
city staff or applicant have
any further comments you want
to make?
>> ok, is there any further
questions the city staff from
the commission just one
recommendation if you would
like to tie it to this
applicant I would make that a
condition of approval.
My understanding is it runs
with the land.
So in order to address that
question I would recommend that
approval of ok so at this time
I'll ask for a motion I'll move
to to approve with a condition
that it runs with this specific
business owner and the specific
application.
Yeah I'll second that.
>> ok citicorp call the royal
commissioner martin yes
commissioner actually yes.
Vice mayor mcgurk yes
commissioner purring yes.
>> thank you.
Ok, the special reception at
three twenty five located
thirty seven north dixie
freeway has been unanimously
approved with condition that it
is tied specifically to the
ampligen at this particular
business in this particular
business in other words not the
applicant later coming in and
having arv's.
>> yes.
So I just want to make sure we
were clear.
>> yeah ok.
>> I think that's clear.
>> a public hearing will be
conducted to consider the
adoption of ordinance number
two dash twenty sachs zero dash
twenty sachs for dash twenty
sachs regarding the annexation
of property located at page
avenue or or the go ahead
ordinance to twenty sachs an
ordinance of the city of new
smyrna beach annexing fifteen
point two plus or minus acres
of property generally located
south apage avenue east
of trophy hunter trail
providing for redefining
boundaries of the city,
designating the property within
commission zone one providing
for public hearing provided for
required filings for running
ordinances providing for
severability and providing an
effective date ordinance ember
03 2006 and ordinance of the
city of new smyrna beach
maintain the comprehensive plan
changing the future land use
designation of fifteen point
two plus or minus acres
of property generally located
out the page avenue e of trophy
hunter trail from volusia
county urban medium intensity
and environmental systems
corridor to city conservation
providing for amendment of the
associated comprehensive plan
maps to show the area
incorporated into the city
providing for public hearing,
providing for conflicting
ordinances and providing an
effective date.
Ordinance number four 2006 and
ordinance of the city of new
smyrna beach rezoning fifteen
point two plus or minus acres
of property generally located
south apage avenue e of trophy
hunter trail from volusia
county rcr source corridor and
are for urban single family
residential airport relate to
city seet conservation airport
overlay zoning district
conflicting ordinances
providing for severability and
providing an effective hi thank
you city attorney bob you're
yes or so the city is the owner
of the property and we've
requested a voluntary
annexation of small scale
comprehensive plan amendment
change in the future land use
categories from volusia county
urban medium intensity and
environmental service corridor
also rezoning from volusia
county zoning designation
of our for urban single family
residential and resource
corridor with an attached for
the airport identification zone
to a city future land use
category conservation and a
city zoning designation
of conservation and with an
attached for the airport
identification zone.
>> so the undeveloped site
contains approximately fifteen
point two plus or on his acres.
It's located on the south side
of page avenue south the public
shopping center and just east
the terminal creek and at the
regular schedule meeting on
DECEMBER the 1st, 2025 the plan
and zoning board voted seven to
zero to give a positive
recommendation to the city
commission to approve the
requested annexation small
scale comprehensive plan
imminent change in the future
land use category to city
conservation and rezoning to
city conservation with an
attached for the airport
identification zone plan
department also recommended
city commission also approve
the request annexation
smallscale conference plan and
rezoning and with that
of provided a summary of the
staff report of questions
commissioners MAY have.
Thank you bob.
Questions comments for about ok
thank you.
>> thank you.
At this time I'm going to open
up for the public hearing.
Is there anybody who would like
to comment on this item?
Ok, hearing seeing none.
I'm going to close the public
hearing, bring it back to the
commission.
>> this city commission want to
adopt we're going to adopt each
ordinance separately.
So is there a motion to adopt
the ordinance to dash twenty
sachs some moved second cityy
court by the royal
commissioner pareene yes,
commissioner martin yes
commissioner.
Actually yes.
>> vice mayor mcgirk.
Yes.
Thank you.
Ordinance number two that's
twenty sachs has been adopted.
Is there a motion for three
twenty sachs the second city ah
the royal commissioner pareene
yes commissioner martin yes
commissioner actually yes.
>> vice mayor mcgirk yes
ordinance number three that's
twenty sachs has been adopted.
>> is there a motion for
ordinance for dasch.
Twenty sachs some moved second
city clerk called the roll
commissioner martin yes
commissioner actually yes
commissioner pareene yes
vice mayor mcgirk yes thank
you.
>> ordinance number four dash
twenty sachs has been adopted
we want a public hearing will
be conducted to consider the
adoption of ordinance number
five twenty sachs sachs twenty
sachs and seven twenty sachs
regarding the annexation
of property located on oliver
drive city attorney will read
by ordinance number five twenty
sachs sachs twenty sachs and
seven twenty sachs for the
second time by title only
ordinance number five twenty
sachs an ordinance of the city
of new smyrna beach and sixteen
point two to plus or minus
acres of property generally
located on the west side
of oliver drive north of liddie
away providing for redefining
boundaries the city designating
the property within commission
zone for providing for public
hearing provided for required
five lines providing for
conflicting ordinances,
providing for severability and
providing an effective date
ordinance no 006 twenty sachs
an ordinance of the city of new
smyrna beach immonen
comprehensive plan changing the
feature land use designation
appoint to two plus or minus
acres of property generally
located on the west side
of oliver drive north of liddie
away from alutiiq county urban
medium intensity to city medium
density residential providing
for amendment of the associated
comprehensive plan maps to show
the area incorporated into the
city providing for public
hearing provided for
conflicting ordinances and
providing an effective date
ordinance.
076 an audience of the city
of new smyrna beach rezoning
point to two plus or minus
acres of property generally
located on the west side
of oliver drive north of liddie
away from volusia county are
for a urban single family
residential airport overlayed
to city or to a single family
residential airport zoning
district providing for
conflicting ordinances provided
for severability and providing
effectively.
>> thank you, said attorney
bob.
You're up.
Yes, sir.
So the property owners have
requested the volunteer
annexation a small scale
conference plan amendment
change the future change
category from blusher, urban
medium intensity and arizonian
from the volusia county zoning
designation of our four urban
single family residential
within attatched for the
airport hypothecation zone to a
compatibles any future land use
category of meeting density
residential and a compatible
city zoning designation of r to
singleton residential with an
attached for the airport height
allocation zone so the
undeveloped site does contain
approximate zero point two to
plus minus acres.
Yeah also it's located on the
west side of oliver drive just
north of lydie away and it's an
existing planted residential
subdivision.
>> so at its regular schedule
meeting on DECEMBER 1st, 2025,
the is zoning board voted seven
to zero to give a positive
recommendation to the city
commission to approve the
request of annexation small
scale comprehensive plan to
change the future land use
category to city medium density
residential and rezoning the
city or to singleton
residential with an attack for
the airport identification
zone.
The planning department also
recommends the city commission
to approve the request
annexation smallscale
comprehensive plan amendment
and a rezoning in provided a
summary of the staff reports
of any questions the
commissioners MAY have.
Thank you bob.
Any comments or questions?
Go ahead.
I don't understand why the
airport zoning I think is so we
have airport notification was
in the city where so many
thousands of feet away from the
airport if you're above three
stories in height, you have to
notify the faa to get approval
for that.
It's not near the airport.
>> it's within so many
thousands of feet of the runway
.
So we have a circle that goes
around the city and is barely
just into it.
Ok, so if you want to build a
four story or if your zoning
allows you one three you have
the faa has to be notified so
they can put on the map, ok, ok
,no further comments from bob
is the applicant here and does
the applicant wish to say
anything.
>> ok seeing not seeing an
applicant wishing to speak I'm
going to open this up for
public hearing.
>> is anybody from the public
wanting to comment on this item
seeing none?
I'm going to close a public
hearing, bring it back up to
the city commission is there a
motion to adopt the ordinance
five twenty sachs some moved
second city court called the
royal commissioner pareene yes.
Commissioner martin yes
commissioner actually yes.
>> vice mayor mcgirk.
Yes.
Thank you.
Ordinance number five twenty
sachs has been adopted.
Is there a motion to adopt
ordinance number sachs twenty
sachs so moved second city
clerk called the roll
commissioner ashleigh yes.
Commissioner pareene yes
commissioner martin yes.
Vice mayor mcgurk yes.
>> or it is number sachs twenty
sachs has been adopted and is
there a motion to approve seven
twenty sachs I move to approve
seven twenty sachs second city
court commissioner pareene yes
commissioner martin yes
commissioner ashely yes
vice mayor mcgirk yes thank you
orrenius number seven twenty
sachs has been adopted
.
>> a public hearing will be
conducted to consider the
adoption of an ordinance number
eight twenty sachs which if
adopted would rezone
approximately point eight five
plus acres of land to r to
single family residential with
in a attached for the airport
height notifications for
property located at seventeen
zero one s dixie freeway city
attorney avallone will read the
ordinance number eight twenty
sachs for the second time and
by title only ordinance number
eight 2006 an audience of the
city of new smyrna beach
rezoning point eight five plus
or minus acres of property
generally located on the west
side of magnolia street between
ninth and tenth street's
address the seventeenth one s
dixie freeway from city b three
highway service business
district airport overlayed to
city r to a single family
residential airport overlay
zoning district writing for
conflict ordinances, providing
for severability and providing
an effective date.
All right.
Off be back at it.
>> come back up.
Yes sir.
So the property is located on
south dixie freeway just north
of tenth street across from the
mcdonald's quick service
restaurant.
The property owners requested a
partial rezoning from b three
how we service business
district to r to single family
residential.
There is commercial zoning to
the west and there's
residential zoning to the east
north in the south.
So I provided an existing
zoning map and a proposed only
map and as you can see on the
current zoning map on the left
side of the slide shows the
entire parcel with a current
zoning to be three which is
highway service business
district this the park was
surrounded on three sides with
the two single family zoning
and the proposed johnny mathis
located on the right side
of the slide shows where the
proposed are to single family
zoning would be so in this
slide provided the existing
future land use map and as you
can see on this map, the
partial currently has two
future land uses categories the
property, the west side, the
property that contains the
credit union has no future land
use category of commercial by
the undeveloped half of the
property as a future land use
category of low density
residential.
So I provided a copy of the
1925 plant and I highlighted
the five planted lots.
>> this would be the area where
the property owners requested a
change in the zoning.
So the property owner also
provided a survey of the
property and the survey does
show that the entire bank
operation is west of the
planted lots.
>> that's part of this rezoning
request.
>> so I was able to find the
original site plan for the
credit union in 1975 when this
site was originally drafted.
The original bank was the first
federal savings and loan.
>> we also found the original
landscaping and drainage plan
and with this slide you can see
that the plan originally was to
send the stormwater to the east
in the underdeveloped area.
>> the partial in the bank
submitted a revision and
decided to keep the stormwater
on site and with the area of a
bank in place a berm and
vegetation buffer.
>> and by and large in this
plan you can see the revised
stormwater vegetation plan
showing that the areas of the
drain is built back onto the
property itself.
So this area does show some
of the stormwater inlets that
are to the underground
stormwater collections storage
area and when the planning
department receives an
application for rezoning, staff
must review that application
for consistency with the city's
comprehensive plan and the
city's land development plan.
So after reviewing this
application it's the city's
comprehensive plan staff would
propose that the application
would be consistent with the
following future use land
element low density residential
category.
It would be consistent with the
future land use element goal
number two which is the general
land use pattern.
>> they'd be consistent with
the future land use element
goal number two objective one
which is the future land use
map and it would be consistent
with the future land use
ultimate goal number four
objective one nonresidential
uses.
So after reviewing the
application gets the city's
land development regulation.
The two zoning districts have
major differences.
The current three how we
service business district does
not allow for single family
homes as a permitted use.
The current three are service
business district does allow
more intense five foot front
and side building set backs
with a ten foot building set
back.
The proposed are to single
family zoning district allows
single family homes as a
permitted use with very limited
commercial uses.
Also the proposed are to say
within residential district
requires a 30 foot front yard
set back with a seven and a
half foot side and very arched
back so staff would also review
of a change in the zoning would
affect adjacent or closely
related neighboring properties
.
The neighboring properties to
the north, south and east are
already zoned or to single
family residential and the
change would limit any type
of large scale commercial
development.
It would allow a small scale
residential development.
So we feel that this request
MAY stabilize the existing
residential neighborhood.
So in summary the property
owners requested that the E.S.
That a property that contains
plotts one three five be owned
to our two single-file
residential the future land use
is already agency residential
so the art would be compatible
to that future links if
approved the property owner
wishes to separate those five
planted plots and develop those
lightwood single family homes
so it is better to schedule a
meeting back on DECEMBER the
first twenty twenty five the
plan the zoning board voted
seven to zero to give a
positive recommendation to the
city commission to approve the
request a change to or two
single in residential and after
the plan apartments valuation.
>> we've also determined that
the zoning request would be
consistent with the
comprehensive plan and the land
available regulations and since
the request is only would allow
for single homes the zoning
would stabilize the existing
residential neighborhood.
The plain apartment also
recommends commission to
approve the request a change to
be consistent with neighboring
properties.
With that as a summary of the
staff report such a request the
commissioner's behalf.
>> thank you bob.
>> any questions or comments
from bob?
I'm just verifying to simplify
that the property along U.S.
One will remain b three a for
commercial or business and the
portion of the property already
facing current family homes
will be resolved to single
family residential that is
correct thank bankside will
stay b three in commercial the
undeveloped site will be
residential in single family.
Will you go back to page twenty
three and elaborate on the said
the buyer the seven lawns what
did you say about that in the
property.
Well there's currently five
locks so they could divide
those five locks and have five
individual homes or they could
do any combination so if they
wanted to do three homes they
could do a lot and half.
>> that's really up to the
property owner that kolody owns
the property he's going to
market those odds.
>> hello.
I'm sorry I didn't mean to
interrupt.
He's going to market those to
be sold to a hopefully a local
builder with the the
differences with the stormwater
impact versus leaving as a
commercial.
>> well, if you leave it as
commercial they could develop
that side as commercial a
totally independent from the
bank so you'd have to could
have another commercial
building with its own
stormwater system.
It's too small.
I have potential answer though.
I have to do an underground
system like the bank did but
then you'd have that commercial
build would be facing all those
restaurants at home so since
his request to make the change
we're going to support that
change so that we the
homeowners would face a new
homes instead of a possible
commercial building in the big
three has a lot of uses from
tavern's restaurants to, you
know, service centers for cars
and so we'd like to limit those
we support him sort of just
went through this with a
different situation and the
owners had a problem finding a
future use.
>> the commercial has this
owner had a problem with that?
Is that why they're asking to
revert that to residential and
that's a good question.
>> so he's when came to us he
feels he just purchased a
property within the last couple
of years and now the bank is a
tenant.
This should have been the
property owner.
So I think to read that some
of his investment he's looking
to sell for residential to
recoup some of this cost and
pay for the properties and one
more thing I mean since we just
went through this property tax
situation, I see it's similar
that we're reporting from
commercial residential
understands words.
>> there's so much pushback on
the other and not this and I
understand the seminar versus
what we just went through.
>> so even though the
applications sound similar,
they're actually two separate
differences for this property.
It already has a future land
use of low density residential.
So even ahead of commercial
zoning if they want to do a
commercial project they would
have to do a complaint
amendment to change it to
commercial so really the
current genre of b3 is
incompatible with that
ladieswear where the other
application had to do both.
They had to go from residential
to commercial and they had to
do a zoning from our opposite.
They had to do commercial
residential and to a zoning for
commercial to residents with
this one the future land use is
already in place.
It's the zoning that's now
incompatible.
>> thank you.
I thought that was very
important from that
clarification to public.
>> thank you to MR. Ashley.
Any questions?
>> it sounds like a good idea
to me.
All right.
So I think he's a neighbor
living across the street there.
>> I say it's a good idea so
that's what we've received from
the neighbors.
>> so I have a few comments on
this bob.
Our problem on U.S. One has
always been we took home lots
which were our commercial home
homesites, lots of residential
lots which arterial commercial
road and you know that we have
split those up sometimes
exactly what we're doing here
which is half of the block is
going to be commercial in the
back half of the property is
going to be residential the
back of whatever road is in the
back of it.
>> what it's created is
properties too small to be
developed commercially.
>> so we're doing this we're
river actually potentially
creating the problem that this
property actually doesn't have
in that the whole thing of the
whole lot is right now be three
commercial once we make this
change is any of the existing
commercial building going to be
on conforming well so in the
three zoning you're required to
have a ten foot rheostat back
from commercial and residential
so there's no additional
requirement for landscaping or
set back like in other
commercial districts.
>> so so in this case it would
be compatible.
>> so I'm not talking yet from
the commercial to the
residential.
I'm talking about the
commercial use the frontage on
U.S. One just the commercial.
>> so if someone else wanted
the bank decided to leave and
and someone and a different
business want to come in, are
all of the current designs
conforming when we make this
change?
So is the front yard set backs,
the parking spaces off of U.S.
One are those conforming so all
of those conforming because
front yard set back can be
three is five feet and they're
more than five because they
have drive that runs across the
fro all the side in the
front and the rear that backs
would still be conforming even
with this rezoning application.
>> ok, great thank you.
At this time I'd like if the
applicant is here and would
like to speak applegate can
come up.
It's up to you.
You go ahead and come up here.
>> come on up.
We'll find out just a second
please state your name.
>> my name's jeff allen.
>> I own the property since
twenty nineteen currently has
the space coast credit union on
it.
They're a tenant.
>> they are they have no no
issue with this.
In fact I'm working up a new
lease to represent the property
as it's going to be when it's
split.
Hopefully and there's no issue
with ingress or egress or
they're parking we're going
through all that with them and
and so there's nothing that I'm
aware of that would impede them
to continue doing the business
as possible as it's being done
today.
So other than that there one
question I did hear was did the
owner try to want to do
something commercially and
couldn't so it did residential
that wasn't the case at all.
We realized that this property
is two acres and it's split in
the credit union has had some
issues over the last few years
the storms and having to
maintain all those trees and
that type of thing.
So they're happy to not have to
pay taxes on and maintain it
and and that sort of thing.
So it's kind of a win win for
everybody and I think we had
quite a few residents or
several residents here during
the planning meeting that
expressed their their happiness
that it was going to become
residential and there wasn't
any any commercial going to be
built on that site on the
magnolia street side.
So ok, I just want to make you
finish what you're saying.
Yeah, ok.
At this time questions
go ahead
coommissioner A.M..
>> yes.
Do you have any renderings yet
or do you have an idea of what
exactly each lot we know would
be put on?
I'm not a developer so I'm
probably going to pass it on to
to somebody that wants to build
some homes there.
That's that's that's my plan
right now.
I MAY I MAY end up building
some homes but I really don't
want to get into that business.
I I know that in the area there
are quite a few vacant lots
being developed right now with
developed with builders and
it's you know, I have a
question for would that
decision have to come back
before us?
In other words, if somebody
wanted to build a three story
apartment there, a condo and
then a house or if they want to
build something, it's in
conformity with zoning and
subdivision regulations, they
wouldn't have to come back.
>> ok, so what visioning is
what we saw that that bobby did
with his idea.
You know if that and I have
that in my mind about what
these adjacent lots that you
owned would look like you know,
I don't know if you saw what
happened.
Uh that thirteen hundred south
atlantic and what's interesting
,you know well it was the the
the area was zoned commercial
forever and it stayed empty and
MR. Luthor came before us and
had a plan to do some very nice
residential homes and the
rendering look great.
And so I'm trying to envision
uh what might go there.
>> I think it's a good idea.
Yeah.
I think it's a good idea.
>> yeah.
I like I said, I'm probably not
going to develop it.
I would assume the whoever does
has to come before you guys
like the city manager said if
there's going to be any
variance for me it'd be a
proper procedure with the
property seizure with the
behind the buildings at that
point I do have yesterday a new
survey was done and and corey's
going to do a survey for me
next week to for each of the
five plighted lotte's
individually utilities are
there all the everything is
there but that's it.
Ok, just a reminder that the
rezoning goes with the land,
not just any site planned not
to be specific development.
It just rides with the land.
>> that's all coommissioner
bring any question for the
applicant and the only thing
that I'd mentioned to you is
you MAY have picked up on when
I was talking to staff right
now you have a sizable
commercial property and that
will be reduced significantly.
So what you will be able to do
with that commercial property
will be limited in the future.
So you have what you have and
luckily with this change you're
still be conforming which which
is good but you will obviously
limit whatever future
commercial uses will go there
simply by the size of the land.
>> right.
Ok, no with no further comments
to the applicant I'm going to
take an opportunity now to open
a hearing up to the public.
Is there anybody from the
public who would like to speak
on this item?
Ok, see nobody from the public
I'm going to close the public
hearing portion and if there's
any other if we have any more
questions for the applicant or
staff, ok, thank you.
>> all right.
Is there a motion to adopt
ordinance number eight twenty
sachs some moved second city
clerk call the roll
coommissioner martin yes
coommissioner pareene yes.
>> coommissioner ashley yes.
Vice mayor mcgirk.
>> yes, thank you.
Ordinance number eight twenty
sachs has been adopted.
Moving on to audiences first
reading city attorney avallone
please read the ordinances
number nine twenty sachs ten
twenty sachs eleven twenty
sachs by title only for its
first reading ordinance number
nine twenty sachs an ordinance
of the city of new smyrna beach
and sixty five plus or minus
property generally located
south apage avenue east
of trophy hunter trail
providing for redefining
boundaries of the city
designating the property within
commission zone one providing
for a public hearing provided
for require filings running for
kolody ordinances provide for
several city and providing an
effective date ordinance number
ten twenty sachs an ordinance
of the city of new smyrna beach
amending comprehensive plan
changing the future land use
designation of five plus or
minus acres of property
generally located south apage
avenue e trophy hunter trail
from volusia county urban low
intensity urban medium
intensity and environmental
systems corridor to city
conservation in providing for
amendment of the associated
comprehensive plan maps to show
the area incorporated into the
city providing for public
hearing provided ordinances and
providing an effective date
ordinance no.
Eleven twenty sachs an
ordinance of the city of new
smyrna beach rezoning five plus
or minus acres of property
generally located south apage
avenue e of trophy hunter trail
from volusia county arcy
resource corridor arwani urban
single family and are for urban
single family residential
airport overlay to city seei
conservation airport overlay
zoning district providing for
conflicting ordinances,
providing for severability and
providing an effective date.
All three of those public
hearings will be held on
FEBRUARY 10th 2026.
>> thank you.
City attorney please read
ordinances number 12 twenty
sachs thirteen twenty sachs and
fourteen twenty sachs by titlele
only for its first reading
audience no twelve 26 an
audience of the city of new
smyrna beach and I see four
point five plus or minus acres
of property generally located
south of page avenue east
of ruby hunter trail providing
for redefining boundaries
of the city designated in the
property within commission zone
one providing for public
hearing provided for required
filings, providing for
conflicting ordinances,
providing for severability and
providing an effective date
ordinance number thirteen
twenty sachs and of the city
of new smyrna beach amending
the comprehensive plan changing
the feature land use
designation four point five
plus or minus acres of property
generally located south of page
avenue e of trophy hunter trail
from volusia county urban
medium intensity to city
conservation providing for
amendment of the associated
comprehensive plan maps to show
the area incorporated into the
city provided for public
hearing, provided for
conflicting ordinances and
providing an effective date
ordinance number fourteen
twenty sachs an ordinance
of the city of new smyrna beach
rezoning four point five plus
or minus acres of property
generally located south of page
avenue e of trophy hunter trail
from volusia county are for a
urban single family airport or
related to city c a
conservation airport overlay
zoning district providing for
conflicting ordinances,
providing for severability and
providing an effective date.
All three of these public
hearings will be held on
FEBRUARY 27th, 2026.
>> thank you.
City attorney please read
ordinances number twelve twenty
sachs thirteen twenty sachs and
fourteen twenty sachs by title
only for first reading
ordinance number fifteen twenty
sachs an ordinance in the city
of new smyrna beach annexing
two point eight plus or minus
acres of property generally
located south of alster drive
east of corvin park road
providing for redefining
boundaries of the city
designating the property within
commission zone one providing
for public hearing provided for
required filings.
Providing for conflicting
ordinances providing for
severability and providing an
effective date.
Ordinance number sixteen 2006
and ordinance of the city
of new smyrna beach amending
the comprehensive plan change
in the future land use
designation of two point eight
plus or minus acres of property
generally located south
of doster drive east corvin
park road from volusia county.
Urban low intensity and
environmental systems corridor
to city conservation providing
for amendment associated
comprehensive and maps to show
that you're incorporated into
the city providing for public
hearing provided for ordinances
and providing an effective date
ordinance no 1724 sachs and
ordinance of the city of new
smyrna beach rezoning two point
eight plus or minus acres
of property generally located
south of dorsetshire drive east
korbin park road from english
county arcy resource corridor
airport overlay an r for async
urban single family airport or
relate to city c a conservation
airport overlay zoning district
providing for conflicting
ordinances, providing for
survivability and providing an
effective.
>> all three of those public
hearings will be FEBRUARY 10th
twenty twenty sachs city
attorney I think you were
reading number eighteen twenty
sachs on first reading.
>> well ordinance number 1826
and ordinance in the city
of new smyrna beach.
>> many in the land development
regulations amending article ex
subdivisions section one
thousand seven plot
requirements section one
thousand eight preliminary plot
and plans approval in section
one thousand nine final plot
and development plan approval
rating for codification
provided for public hearing
approved overexploiting
ordinances providing an
effective date.
Second reading public hearing
will be FEBRUARY 2026.
>> thank you city attorney
please read order summer
nineteen twenty sachs by title
only for his first reading word
in summer 1926 an ordinance in
the city of new smyrna beach,
florida amending chapter
seventy streets and sidewalks
and other public places article
one in general to add section
seventy sachs sleeping to
prohibit sleeping on public
streets, alleys, sidewalks and
rights away providing for
codification and providing for
public hearing provided for the
ordinances running for several
and providing an effective
date.
Second reading and public
hearing will be FEBRUARY 10 20
26.
>> thank you city attorney
moving on the boards and
commissions 12 we have the
animal control board.
I think what we did was city
clerk is going to be looking
for us.
>> we temporarily approved
three to the JANUARY twenty
three to temporarily and city
clerk I think you want us to
move approve those three to the
JANUARY twenty twenty eight
twenty twenty eight date so yes
at their last meeting that we
brought to you applicants
because we need to have a
hearing that was going to be
appealed and the last meeting
we asked for a temporary
extension for three members so
the clerk's office is now
seeking to go ahead and fully
appoint five members tonight to
fulfill the board consistency
for the animal control board.
So my first motion I'm looking
for is the three members that
we did the 30 day extension to
ask for an extension so that
they can fulfill their two year
terms until the JANUARY 28,
2012 eight term extension.
>> so that would be member engo
member diana hoffman and
veterinarian robert leonard.
>> so I'm just looking for
motion I'd like to make that
motion a second I second call
the roll commissioner pareene
yes.
Commissioner martin yes.
Commissioner ashely yes.
Vice mayor mcgirk yes.
>> ok so now we have to
consider MISS Jane mcgrady's
who is an animal owner.
She's asked to be considered to
serve another term she has
served one term and she would
like to be reappointed as an
animal owner or we have two
other animal owners that are
presented to you that would
like to be considered for an
appointment to the animal
control board.
So it's the commission's
pleasure to either reappoint
jane mcgrady for a second termm
or to select karen o'leary
o'leary or clayton crane as the
animal owner to fill the
vacancy on the animal control
board has MISS Mcgrady been a
good participant?
Yes, and she's going to serve
yes.
>> she's willing to serve
again.
Ok, is there anyone want to
make a motion for MISS Mcgrady
or nominate someone else?
I will make a motion to approve
mcgrady and I'll second that
city clerk on the roll
coommissioner martin yes.
Coommissioner actually yes.
Vice mayor mcgirk yes.
Coommissioner yes.
Thank you.
And then one and final the
final qualification or
composition for the board is a
non animal owner.
We have two non animal animal
owners who are willing to serve
on the board.
>> that's pat weber sones and
julie strickland.
So it's commission's pleasure
to pick one non animal owner to
serve on the board any
nominations?
>> julie strickland and I'd
second that ok and I will call
role commissioner brene.
Yes, commissioner martin.
Yes.
>> commissioner ashley.
Yes.
Vice mirrabooka.
Yes.
thank you, MISS Trickle into
the animal control board.
>> thank you.
And that's all for today.
Also I am advertising for the
open position on the utilities
commission.
We will keep that advertisement
for this meeting in the next
meeting.
The applications will be
emailed to you for your
reference and review and we can
expect that on which meeting
right now it's the last meeting
in MARCH will present them to
be appointed to the board.
Ok, great.
Thank you city clerk.
You're welcome.
All right.
Moving on to
commissioner comments I'll
start with commissioner pareene
.
>> thank you.
Um, I just thought we had a
great turnout to police the
league of cities this week.
It was a oakhill and
mayor rikki taylor did a
fabulous job at goodrich's.
They did at this time seafood
was excellent.
We had an excellent speaker
named holly smith and she was a
pass mayor of sanibel island
and she gave an amazing report
on how the hurricane took out
their bridge and how the
residents how to deal with that
impact of not being able to get
to their own homes and the
island so she gave a lot
of good pointers about that
disaster relief.
I hope we never have to go
through that.
But it was a very good
solution.
league of cities and the last
thing I have I just want to
remind everyone that we have
our homeless shelter mayor's
event on FEBRUARY 7th on
saturday night it's at sachs
P.M. At the hilton daytona
oceanfront resort.
I hope to see everyone there
great.
>> commissioner martin, um,
just saying inspiring speakers
,good music and dance at the
babe james center where a
lovely tribute to martin luther
king JR. And was also nice to
see a good turnout for the
crimson cares charity
fundraiser benefiting the
police foundation and I hope
the entire staff of the msb
feel supported by the nsb
community images with fabulous
as always and notably the
beloved band brought together
all different segments of our
local community poor rich, red,
blue everybody found common
ground and it was so beautiful
to see everybody on this common
ground singing together and
dancing together.
So many thanks for the beloved
band I was also delighted by
the removal of the cordaro
civic center and want to put a
big thank you out to directors
rob salazar, david ray and all
the staff that made it happen.
And finally I would like to
remind my fellow commissioners
variances, reasonings and
special exceptions follow the
land correct.
>> not the current owner, not
the site plan that the proposed
use just the property that yes,
I was going to address in my
comments as well.
>> thank you.
thank michel martin.
MR. Ashley.
Thank you.
Vice mayor.
I would like to give a shoutut
out to a city employee.
His name is kevin mcchrystal.
He's the plans examiner.
He helped a friend of mine from
venetian bay with questions.
My friend's name is larry
moskva and he asked me how he
should handle permitting
anything about permitting much.
I said you should go down to
the office and ask your
questions and he was actually
done.
He said I can't I'm talking at
the level kevin overheard the
conversation and voluntarily
and simply just went up.
I had a conversation with them,
answered his questions and I
was just floored by the
personal attention that
kevin gave was so he called me
and said, brian, you do you
want this guy kevin?
I said I don't he said I just
want to tell you what happened
and he explained what happened.
He was so grateful so he shared
it with you and it is often you
get a chance to praise a city
employee like that.
>> so I'm taking the
opportunity and I'm very
grateful for the people who
have met with me in the past
couple of weeks.
Mark billing's and stephanie
ford had a chance to meet with
them and it's also helpful to
me to gain new knowledge and I
really appreciate it and I want
to thank them for helping out
that the golf club at venetian
bay once a year hosts a very,
very interesting organization,
the american golfers
association.
There are several participants
all playing golf with you and
your boys and girls and it is
an opportunity to see these
people play golf because most
of them play better than people
with tormes.
I mean it is absolutely amazing
and this organization out
of the world and for them to
select the city of smyrna beach
and venetian bay as a venue is
an honor and it just so happens
that one of the members of that
organization lives here in new
smyrna beach.
His name is james and I want to
give a shout out to jackie for
spreading the participation
of a course here in new smyrna
beach, venetian bay club then
came out and kind of kicked off
the tournament with a speech
not long just a couple
of hundred comments and the
guys really, really appreciated
us being in charge
of supporting them.
So I wanted to thank them for
doing that and that's a great
MISS Usa and I take my golf
game in so that I'm sure every
single one of those one of our
people can beat me.
No problem.
Ok, so we had images this past
weekend and I can't say enough
about what and what a fantastic
contribution or asset images is
to our community.
We had amazing warm weather.
>> that town was packed images
was highly successful as always
in the economic benefit that it
brings to this community I
cannot overstate so I love
the
aca.
i love our relationship with
the aca and images just
continues to just do an amazing
thing in our community.
>> the mlk walk my apologies.
I was not able to make it this
year but I look forward to it
next year moving on to city
courts report nothing else at
this time.
Thank you.
Ok, city attorney um yeah I
just was going to highlight
three different bills and kind
of follow up on what
commissioner martin was saying
regarding um zoning running
with the land um so in my
report there's several bills
the ones that are kind
of topical right now either
because they've come up in
conversation or one from last
year.
I know commissioner pareene had
worked on the sovereign
immunity caps the proposal this
year is to go from two hundred
thousand per person three
hundred thousand per incident,
change those to five hundred
thousand per person one million
per incident as well as staging
an increase for twenty thirty
one where the five hundred will
go to sachs hundred the million
would go to one point two
million.
Um they also would change it
right now if you need to exceed
those limits in order to settle
like a personal injury claim
you think of like loss of life
,that type of claim you
normally have to go to the
legislature to get a claims
bill but under this proposed
legislation it would allow
local government to settle that
claim without going through the
legislature.
>> um, the other popular common
household talk would be
regarding senate bill one
eighty the fix under sb 840
there's a senate bill and
there's a house bill companion.
The senate bill is actually
pretty good.
Um, the only issue that I would
like but we're grateful to get
what we could get would be to
shorten that retroactive
provision that went back to
eight one twenty four and try
to push it up to when they
actually adopted.
But generally it fixes most
of the issues that were raised.
>> the house bill is not does
not address things like eight
forty does so we really prefer
the senate bill version.
And finally another one was
regarding building permits.
So there's proposed legislation
senate bill nine sixty eight
house bill ten forty nine where
it would provide an exemption
from getting a building permit
for generators.
>> um so you could still
inspect those generator
installations to make sure they
comply with the florida
building code or the fire
prevention code.
But we couldn't require a
permit.
It also provides for no permits
required for work under seventy
five hundred dollars.
But caveats for electrical
plumbing or structural
structural work.
But it would remove the
requirement for permits for
outside doors and exterior
windows that's on single family
homes.
>> and then finally just going
back to you know, land use
decisions run with the land.
The purpose of that is so we're
not making discriminatory land
use decisions.
So for example, if you think
about a bank, if a bank is
permitted use in that zoning
district, it doesn't matter
whether it's bank of america,
wells fargo or any other
financial institution, you're
looking at the use of the land
so my concern is we should not
be making that general practice
to tie it to the owner because
you can get into trouble that
way.
This particular application the
applicant must have agreed to
that condition.
Um, you in these land use
decisions are there different
than a sidewalk cafe license
where they're getting
permission to use our property?
Those can be personal to the
applicant and have to be
renewed so that's all.
>> thank you.
Thank you.
City attorney city manager.
Any comment?
Nothing, sir.
Ok with that done a meeting is
adjourned
.