[4:19] good evening and welcome to the
[4:20] regular city commission meeting
[4:21] for tuesday, JANUARY twenty
[4:23] seven twenty twenty sachs now
[4:27] come to order please join me in
[4:28] putting your cell phones on
[4:31] silent something we usually
[4:32] forget.
[4:35] >> thank you.
[4:36] >> city clerk please call the
[4:39] roll commissioner pareene here
[4:40] commissioner martin
[4:43] commissioner actually
[4:44] vice mayor mcgirk here mayor of
[4:46] cleveland has an excused
[4:46] absence.
[4:50] Thank you city clerk please
[4:51] gentlemen please stand for the
[4:51] invocation.
[4:54] Commissioner pareene is going
[4:55] to read us the invocation and
[4:56] then we're going to do the
[4:58] pledge of allegiance spowart
[4:59] headspace dear precious
[5:02] heavenly father we thank you
[5:02] for this day this beautiful
[5:06] city that we live in and all
[5:07] of the leaders up here making
[5:10] these decisions for what's best
[5:10] for our community.
[5:13] Please watch over and guide us
[5:14] ,be with our citizens, help
[5:18] direct us be peace and we give
[5:21] you graciously all of our
[5:22] things.
[5:22] >> amen.
[5:22] Amen.
[5:28] Thank you MR. Allegiance to the
[5:28] flag of the united states
[5:31] of america and to the republic
[5:34] for which it stands one nation
[5:35] under GOD indivisible with
[5:39] liberty and justice.
[5:39] Thank you.
[5:47] Be seated at this time I'd like
[5:47] to take a brief moment
[5:50] of silence for assistance
[5:51] manager ronnie bird who can't
[5:52] be with here, can't be with
[5:55] here, can't be with us here
[5:56] tonight due to his the passing
[5:57] of his mother.
[5:59] >> so please take a moment
[6:05] of silence
[6:05] .
[6:06] Thank you.
[6:10] City manager ai are there any
[6:13] changes to the agenda?
[6:13] Yes sir.
[6:16] We we do have a couple
[6:17] of changes.
[6:21] Item seven f has been withdrawn
[6:24] from the consent agenda and
[6:29] also wanted to notify you that
[6:32] item ten a we have received a
[6:33] request from the applicant to
[6:37] continue that to the MARCH 10th
[6:37] meeting again this item tonight
[6:41] ask to do with s village on
[6:44] their application for community
[6:44] development district.
[6:45] You might want to you'll have
[6:48] to vote to continue that.
[6:49] You might want to do that early
[6:50] in case there's anybody here
[6:52] waiting for that.
[6:53] >> sure.
[6:54] City attorney, I think you had
[6:56] a statement you want to make on
[6:57] it once you all vote.
[6:59] >> ok, so is that is there a
[7:00] motion to move the item today
[7:03] to the MARCH 10th city
[7:04] commission meeting?
[7:04] >> I'll make that motion.
[7:07] Second city clerk by the royal
[7:11] commissioner bring yes
[7:12] commissioner martin.
[7:12] Yes, commissioner ashley.
[7:12] Yes.
[7:15] Vice mayor mcgurk.
[7:16] Yes.
[7:16] Thank you.
[7:19] Motion passes very and for the
[7:19] record ordinance number twenty
[7:22] sachs and ordinance of the city
[7:23] of new smyrna beach
[7:23] establishing the south village
[7:24] new smyrna beach community
[7:26] development district pursuant
[7:27] to chapter one ninety florida
[7:30] statutes providing for
[7:31] authority and power of the
[7:31] district providing for the
[7:32] board of supervisors of the
[7:35] district, providing for the
[7:35] district budget.
[7:36] Providing for functions of the
[7:38] district, providing for
[7:38] miscellaneous provisions.
[7:39] Providing for an effective date
[7:42] and this item will be continued
[7:43] to MARCH ten twenty twenty
[7:46] sachs five thirty at two
[7:50] fourteen sam's avenue a. In
[7:50] this meeting hall.
[7:51] >> thank you.
[7:51] Thank you.
[7:54] City attorney city manager do
[7:55] you have a report for us
[7:55] tonight?
[7:55] >> yes sir.
[7:58] Just a few things to mention
[8:01] and since maham from cleveland
[8:06] isn't here report that he and I
[8:08] attended the volusia county
[8:12] roundtable on JANUARY the 12th
[8:13] at that meeting we had reports
[8:17] from all of the volusia county
[8:18] constitutional officers
[8:21] including the sheriff, the tax
[8:22] collector, tax appraiser, the
[8:25] election supervisor and the
[8:25] clerk of court.
[8:29] We also had updates on pending
[8:33] legislative session and a lot
[8:36] of discussion about flooding
[8:37] the work that's going on in
[8:40] volusia county also report that
[8:41] I did follow up with staff and
[8:44] the complainant that was at the
[8:48] meeting the previous meeting
[8:52] concerning 705 falkiner street
[8:53] of that complaint is being
[8:56] investa ative investigated andnd
[9:00] appropriate action will be
[9:00] taken to resolve that matter.
[9:04] I would also like to state for
[9:05] the record there were some
[9:08] allegations made about some
[9:11] sort of staff impropriety
[9:12] regarding that I can assure you
[9:16] those allegations are not true.
[9:19] >> also followed up on a
[9:23] concern that the citizen
[9:23] brought to us regarding
[9:27] homelessness on canal street
[9:28] and the impact that has on
[9:31] business activity.
[9:32] Again, we are doing everything
[9:36] that we can within the confines
[9:39] of the law to manage the
[9:43] homeless and I did include some
[9:47] statistics for you in the city
[9:48] manager report just to show you
[9:50] some of the activity that that
[9:54] we are undertaking a couple
[9:58] of other things obviously
[10:02] images was this weekend a big
[10:05] success with with respect to
[10:09] that also and I am working with
[10:10] staff for our next big
[10:14] celebration in JULY the fourth
[10:17] and I think we've got fireworks
[10:18] on the agenda tonight and we're
[10:19] looking forward to making that
[10:21] a bigger celebration given the
[10:22] two hundred and fiftieth
[10:25] anniversary.
[10:32] >> also mayor cleveland and
[10:33] commissioner martin were in
[10:37] attendance at the DR. Martin
[10:39] luther king JR. Celebrations
[10:40] and that was a fine event,
[10:44] great attendance and was was
[10:47] happy to be there representing
[10:51] the city and that is my report
[10:52] ,sir.
[10:52] >> thank you.
[10:53] Great.T.
[10:53] Thank you.
[10:54] City manager, appreciate the
[10:56] update on that and the
[10:57] attendance of the roundtable.
[10:59] An update on the roundtable
[11:04] information at this time I'm
[11:05] going to open up public
[11:07] participation at three minutes
[11:08] and there's going to be a green
[11:11] light which starts three
[11:12] minutes.
[11:12] You have one minute remaining.
[11:15] The light will turn yellow and
[11:16] when the red light comes on you
[11:20] will be that you will be out
[11:20] of out of time.
[11:22] >> so at this time please come
[11:23] up if you have anything you
[11:23] want to discuss on the agenda
[11:26] or anything else you want to
[11:27] talk about related to the city,
[11:28] please come up and state your
[11:33] name and address for the record
[11:33] .
[11:37] Hello commissioners staff my
[11:38] name is david lannan and I
[11:41] reside at seventeen hundred
[11:42] section drive in new smyrna
[11:42] beach.
[11:46] I come before this panel to put
[11:49] on the record my concern and
[11:49] frustration about the current
[11:50] road conditions in the
[11:53] neighborhood I live in
[11:54] galilee's lisa creek vistas was
[11:57] approved and zoned residential
[12:00] by the city of new smyrna beach
[12:00] .
[12:01] It is a neighborhood like many
[12:04] other neighborhoods in new
[12:05] smyrna beach with one exception
[12:08] and that being saxen drive and
[12:12] its classification as an urban
[12:13] feeder.
[12:13] My neighborhood is home to
[12:16] people walking.
[12:17] Their dogs are just taking a
[12:17] walk.
[12:20] It is home to people riding
[12:21] bikes.
[12:24] It is home to people of all
[12:25] ages who work in the yards and
[12:27] who stopped to chat with others
[12:28] in the neighborhood.
[12:31] Well, my neighbors and I have
[12:32] to contend with it.
[12:32] No other neighborhoods in new
[12:35] smyrna beach are faced with is
[12:36] a city owned road that due to
[12:39] its classification has no
[12:40] deterrents to speeding.
[12:44] Police cannot patrol this road
[12:44] on a constant basis and when
[12:48] they do it is obvious there is
[12:49] a lot of speeding taking place
[12:51] given the amount of motorists
[12:51] they pull over.
[12:55] I would venture to say that if
[12:56] any member of this panel had to
[12:58] deal with the same issues as my
[12:59] neighborhood there would be
[13:03] changes made people should not
[13:03] have to fear using sidewalks or
[13:07] pathways from vehicle traffic.
[13:08] It is an indisputable fact that
[13:11] the population density is on
[13:14] the rise and will continue to
[13:15] rise in the future.
[13:18] A zone residential area in an
[13:18] urban theater are not
[13:22] compatible if the city has the
[13:23] power to create it also has the
[13:26] power to change its creation
[13:26] when necessary and for sachs
[13:30] and drive that time is now the
[13:32] northern part of from eleventh
[13:33] avenue to third avenue and or
[13:37] state road 44 is in desperate
[13:37] need of change.
[13:41] The speed limit at 25 miles per
[13:42] hour needs to be the goal not
[13:45] to suggestion I have in my hand
[13:48] the signatures on the traffic
[13:49] calming request form from a
[13:52] majority of homeowners on saxum
[13:53] from ninth avenue to the vacant
[13:56] lot across from the truest
[13:59] entrance residents are furious
[14:00] and they want something done
[14:01] before any more accidents take
[14:03] place.
[14:04] >> thank you for your time.
[14:05] Thank you MR. Landon.
[14:08] Is there anybody else for
[14:11] public participation?
[14:15] Ok, seeing none.
[14:16] I'm going to close public
[14:16] participation.
[14:19] Ok at this time I'm going to
[14:19] open up consent.
[14:23] is there any coommissioner free
[14:23] would you like to pull anything
[14:26] from the consent agenda?
[14:27] >> no thank you
[14:30] commissioner martin just have
[14:31] one question for seven be ok
[14:34] hold on but I'm going to do is
[14:35] have you have you pull it
[14:36] instead of just comments you're
[14:41] going to be you're nothing ok
[14:44] go ahead and and discuss
[14:45] seventeen.
[14:48] >> well it's just the question
[14:49] does the fec get half of the
[14:51] vacated property?
[14:52] I'm trying to understand if
[14:55] what I think about property
[14:56] vacation is accurate, that's
[14:56] all.
[14:59] >> so the railroad has an
[15:00] easement over the property.
[15:01] The property will be split to
[15:04] the landowner on both sides and
[15:07] I thought that what was your
[15:08] storage makes any other
[15:08] arrangements?
[15:09] That's what they're private
[15:09] matter.
[15:12] Ok, but that's what I was
[15:14] asking simply thank you.
[15:16] >> ok, you want to make a
[15:19] motion to approve that?
[15:19] >> sure.
[15:20] Motion to approve.
[15:23] Is there a second I second ok
[15:24] motion a second to approve item
[15:27] b city clerk coommissioner
[15:31] preened yes commissioner martin
[15:31] yes.
[15:32] Commissioner ashley yes.
[15:34] Vice mayor mcgirk yes.
[15:35] Item b consent agenda is
[15:38] approved now can I have a
[15:39] motion to approve on consent
[15:43] agenda item a b c d e g h I and
[15:46] j I'll make that motion second
[15:49] again city call the roll
[15:50] commissioner martin yes
[15:53] commissioner ashley yes.
[15:54] >> commissioner pareene yes.
[15:57] vice mayor mcgirk yes.
[16:00] >> consent agenda is approved.
[16:05] >> moving on to item nine quasi
[16:06] judicial hearings a quasi
[16:08] judicial hearing is set to be
[16:09] held to consider the approval
[16:12] of a special exception c three
[16:13] dash twenty five at thirteen
[16:16] eleven north dixy freeway to
[16:17] allow into our auto sales in
[16:19] the b three highway service
[16:23] district.
[16:24] >> jake, I think you're going
[16:27] to take this.
[16:28] Yes, we have a special
[16:31] exception request to allow
[16:32] indoor auto sales and the be
[16:35] three at thirteen where I
[16:39] forgot the address here at nc
[16:42] freeway between industrial park
[16:43] avenue and pine street park
[16:46] slide seven four three eight
[16:47] one four zero zero zero zero
[16:50] one zero thirteen eleven north
[16:51] dixie freeway.
[16:52] So here it is right here the
[16:55] little yellow spot there on the
[16:58] east side of U.S. One one large
[16:59] parcel two point five nine
[17:02] acres is b three surrounding
[17:05] areas also b three has
[17:06] underground exfiltration.
[17:09] The site was once the former
[17:09] mullinax dealership.
[17:11] So what these people want to do
[17:14] basically is take a portion
[17:15] of one of these buildings here
[17:15] and it's going to be indoor
[17:17] auto sales.
[17:18] So be nothing outside.
[17:19] It's kind of more on a high end
[17:22] collector luxury car side
[17:22] of things and going to be
[17:23] outside.
[17:24] You hardly know there's no cars
[17:25] being sold here.
[17:28] So special exception
[17:29] requirements that are for all
[17:30] special exceptions the
[17:33] requested use is listed among
[17:33] the special exceptions
[17:36] permitted in the district.
[17:37] Yes, this is b three.
[17:40] It is a criterion has been met
[17:41] as auto sales are allowed and b
[17:43] three special exceptions
[17:44] of course is useful that
[17:45] impaired the character of the
[17:47] surrounding or adjoining
[17:48] district or be detrimental to
[17:49] the public health care for
[17:52] morell's the property is
[17:52] developed as a car dealership
[17:56] originally this thing is going
[17:56] to be totally indoors.
[17:57] You really won't even know it's
[17:59] there this criterion has been
[18:00] met as well and adequate
[18:02] utilities access roads,
[18:03] drainage, sanitation are all
[18:07] available and again the site's
[18:08] been in use for four years.
[18:11] This criteria has been met as
[18:11] well.
[18:12] Here's kind of the cars that
[18:13] they have in there right now.
[18:14] They're stored there and he's
[18:15] not selling anything yet but
[18:16] kind of like I think a bentley
[18:18] and a ferrari they're and
[18:18] planning and zoning recommended
[18:22] five oh and we recommend as
[18:23] well with two conditions obtain
[18:26] a btr before theiness opens
[18:27] and the approval be good for
[18:30] two years or until they back
[18:31] the business tax receipt has
[18:31] been obtained.
[18:33] Any questions for me?
[18:33] >> thank you jay..
[18:36] Any questions for go ahead
[18:37] please correct me if I'm wrong
[18:41] I'm looking for klarik vacation
[18:44] but as I understand it granting
[18:45] a special exception would apply
[18:49] to all possible uses not
[18:52] necessarily just indoor cars.
[18:53] >> allow outdoor display
[18:56] of cars, rvs new in use because
[18:56] that's all it is.
[19:00] >> this is limited to indoor.
[19:01] That was his request.
[19:02] Yes, but if it's if somebody
[19:04] comes and he moves and the
[19:05] different business takes it
[19:11] over
[19:16] then the next person has
[19:17] to come in and do a new special
[19:17] exception.
[19:18] So are you telling me that the
[19:19] special exception follows the
[19:19] business is not the property
[19:20] you're wading through is a
[19:21] couple of years ago with the
[19:22] same site where someone came
[19:23] in, had it, sold it and then
[19:23] leave it was the campbells
[19:26] actually went through the same
[19:26] process before.
[19:27] >> so it it goes if they know
[19:30] it's gone.
[19:31] >> thank you for that
[19:32] clarification and it's indoors
[19:35] you limit to that as well.
[19:35] >> thank you.
[19:37] So ok any other questions for
[19:38] jake.
[19:39] >> ok at this time I'd like to
[19:41] give the opportunity does the
[19:42] applicant want to come up and
[19:46] say anything to them you can
[19:49] pass or you don't have to.
[19:55] Yeah well a question come up at
[19:56] this time we're going to go and
[20:02] hear from the applicant and go
[20:03] ahead and introduce yourself.
[20:06] >> it's dennis toweled 13 11
[20:10] north dixie freeway.
[20:11] >> I'll ltt any questions for
[20:13] the applicant
[20:14] commissioner assignee you're
[20:15] going to be in the business
[20:17] of selling luxury cars now our
[20:18] corporation owns the property
[20:21] so we're just trying to get
[20:22] that exemption granted.
[20:25] So for indoor car sales no
[20:26] outside display it's already in
[20:28] our lease.
[20:29] >> we don't allow any any
[20:33] particular genre of cars that
[20:33] we're talking about.
[20:34] >> I wouldn't want to commit to
[20:37] that right now and but we would
[20:40] not allow for our leases.
[20:41] Anything that's not operable
[20:42] cannot come in.
[20:45] They're damaged that lost
[20:45] everything.
[20:46] So we're very particular about
[20:48] that and we don't allow any
[20:49] outside display right now as it
[20:52] is in our I'm just curious why
[20:56] white wine?
[20:57] Oh, because we don't want used
[20:59] cars on the lot.
[21:01] >> ok, yeah so we're ok with
[21:03] someone coming in with a couple
[21:04] three cars and saying and their
[21:08] specialty cars and that type
[21:09] of thing that was my specialty.
[21:09] What does that mean.
[21:11] Specialty?
[21:13] >> well you know we have a lot
[21:15] of collectors here in the city
[21:16] and then we have a lot of high
[21:19] end market also in this city.
[21:20] >> I wouldn't call those used
[21:21] cars.
[21:23] I mean it sounds great with the
[21:24] two you just saw.
[21:27] >> those are probably between
[21:28] 80 and one hundred and twenty
[21:28] thousand dollars.
[21:31] So I mean those are unique cars
[21:35] but we're just only trying to
[21:36] let them sell inside because
[21:38] most cars are sold on the
[21:39] internet now they're not
[21:40] driving up and down you one and
[21:43] very going in, you know and so
[21:46] we don't really need that.
[21:47] I just think that we have a
[21:47] great location.
[21:48] We have all those bays in the
[21:49] back.
[21:50] No one we even know they're
[21:51] there other than if you look
[21:53] online and call a person and
[21:54] want to come look at the car.
[21:57] >> ok, any other questions for
[22:01] the applicant?
[22:02] >> ok, thank you very much.H.
[22:02] Thank you.
[22:05] At this time a commission that
[22:06] we'll hear from members of the
[22:06] public wishing to comment in
[22:09] favor of the opposition of the
[22:09] approval of said dash three
[22:13] dash twenty five at thirteen
[22:13] eleven north dixy freeway.
[22:16] >> any members of the public
[22:20] wish to do so?
[22:21] Ok, seeing none.
[22:22] I'm going to go ahead and close
[22:23] a quasi judicial hearing.
[22:28] >> does the city staff at the
[22:28] city staff or applicant have
[22:29] any further comments you want
[22:29] to make?
[22:31] >> ok, is there any further
[22:32] questions the city staff from
[22:35] the commission just one
[22:36] recommendation if you would
[22:38] like to tie it to this
[22:39] applicant I would make that a
[22:42] condition of approval.
[22:43] My understanding is it runs
[22:44] with the land.
[22:47] So in order to address that
[22:48] question I would recommend that
[22:54] approval of ok so at this time
[22:59] I'll ask for a motion I'll move
[23:02] to to approve with a condition
[23:03] that it runs with this specific
[23:07] business owner and the specific
[23:07] application.
[23:10] Yeah I'll second that.
[23:17] >> ok citicorp call the royal
[23:18] commissioner martin yes
[23:19] commissioner actually yes.
[23:21] Vice mayor mcgurk yes
[23:25] commissioner purring yes.
[23:25] >> thank you.
[23:26] Ok, the special reception at
[23:29] three twenty five located
[23:30] thirty seven north dixie
[23:32] freeway has been unanimously
[23:33] approved with condition that it
[23:36] is tied specifically to the
[23:40] ampligen at this particular
[23:44] business in this particular
[23:45] business in other words not the
[23:48] applicant later coming in and
[23:48] having arv's.
[23:49] >> yes.
[23:52] So I just want to make sure we
[23:52] were clear.
[23:55] >> yeah ok.
[23:59] >> I think that's clear.
[24:00] >> a public hearing will be
[24:00] conducted to consider the
[24:03] adoption of ordinance number
[24:06] two dash twenty sachs zero dash
[24:10] twenty sachs for dash twenty
[24:11] sachs regarding the annexation
[24:11] of property located at page
[24:18] avenue or or the go ahead
[24:21] ordinance to twenty sachs an
[24:22] ordinance of the city of new
[24:23] smyrna beach annexing fifteen
[24:25] point two plus or minus acres
[24:26] of property generally located
[24:26] south apage avenue east
[24:29] of trophy hunter trail
[24:30] providing for redefining
[24:30] boundaries of the city,
[24:33] designating the property within
[24:34] commission zone one providing
[24:35] for public hearing provided for
[24:37] required filings for running
[24:37] ordinances providing for
[24:38] severability and providing an
[24:41] effective date ordinance ember
[24:41] 03 2006 and ordinance of the
[24:45] city of new smyrna beach
[24:46] maintain the comprehensive plan
[24:48] changing the future land use
[24:49] designation of fifteen point
[24:49] two plus or minus acres
[24:52] of property generally located
[24:53] out the page avenue e of trophy
[24:54] hunter trail from volusia
[24:56] county urban medium intensity
[24:57] and environmental systems
[24:59] corridor to city conservation
[25:00] providing for amendment of the
[25:03] associated comprehensive plan
[25:04] maps to show the area
[25:05] incorporated into the city
[25:07] providing for public hearing,
[25:08] providing for conflicting
[25:09] ordinances and providing an
[25:11] effective date.
[25:12] Ordinance number four 2006 and
[25:13] ordinance of the city of new
[25:15] smyrna beach rezoning fifteen
[25:16] point two plus or minus acres
[25:19] of property generally located
[25:20] south apage avenue e of trophy
[25:21] hunter trail from volusia
[25:24] county rcr source corridor and
[25:24] are for urban single family
[25:28] residential airport relate to
[25:28] city seet conservation airport
[25:30] overlay zoning district
[25:31] conflicting ordinances
[25:32] providing for severability and
[25:35] providing an effective hi thank
[25:38] you city attorney bob you're
[25:40] yes or so the city is the owner
[25:40] of the property and we've
[25:43] requested a voluntary
[25:43] annexation of small scale
[25:45] comprehensive plan amendment
[25:46] change in the future land use
[25:47] categories from volusia county
[25:50] urban medium intensity and
[25:51] environmental service corridor
[25:54] also rezoning from volusia
[25:55] county zoning designation
[25:57] of our for urban single family
[25:58] residential and resource
[26:02] corridor with an attached for
[26:02] the airport identification zone
[26:03] to a city future land use
[26:06] category conservation and a
[26:07] city zoning designation
[26:10] of conservation and with an
[26:11] attached for the airport
[26:14] identification zone.
[26:15] >> so the undeveloped site
[26:15] contains approximately fifteen
[26:18] point two plus or on his acres.
[26:19] It's located on the south side
[26:22] of page avenue south the public
[26:26] shopping center and just east
[26:26] the terminal creek and at the
[26:30] regular schedule meeting on
[26:31] DECEMBER the 1st, 2025 the plan
[26:33] and zoning board voted seven to
[26:34] zero to give a positive
[26:37] recommendation to the city
[26:38] commission to approve the
[26:39] requested annexation small
[26:41] scale comprehensive plan
[26:42] imminent change in the future
[26:45] land use category to city
[26:46] conservation and rezoning to
[26:48] city conservation with an
[26:49] attached for the airport
[26:49] identification zone plan
[26:52] department also recommended
[26:53] city commission also approve
[26:53] the request annexation
[26:56] smallscale conference plan and
[27:00] rezoning and with that
[27:01] of provided a summary of the
[27:01] staff report of questions
[27:04] commissioners MAY have.
[27:05] Thank you bob.
[27:07] Questions comments for about ok
[27:08] thank you.
[27:08] >> thank you.
[27:11] At this time I'm going to open
[27:12] up for the public hearing.
[27:13] Is there anybody who would like
[27:18] to comment on this item?
[27:19] Ok, hearing seeing none.
[27:22] I'm going to close the public
[27:23] hearing, bring it back to the
[27:23] commission.
[27:26] >> this city commission want to
[27:26] adopt we're going to adopt each
[27:30] ordinance separately.
[27:31] So is there a motion to adopt
[27:32] the ordinance to dash twenty
[27:34] sachs some moved second cityy
[27:37] court by the royal
[27:38] commissioner pareene yes,
[27:38] commissioner martin yes
[27:39] commissioner.
[27:41] Actually yes.
[27:42] >> vice mayor mcgirk.
[27:43] Yes.
[27:43] Thank you.
[27:45] Ordinance number two that's
[27:45] twenty sachs has been adopted.
[27:46] Is there a motion for three
[27:52] twenty sachs the second city ah
[27:53] the royal commissioner pareene
[27:56] yes commissioner martin yes
[27:57] commissioner actually yes.
[28:00] >> vice mayor mcgirk yes
[28:01] ordinance number three that's
[28:04] twenty sachs has been adopted.
[28:04] >> is there a motion for
[28:05] ordinance for dasch.
[28:07] Twenty sachs some moved second
[28:08] city clerk called the roll
[28:12] commissioner martin yes
[28:12] commissioner actually yes
[28:13] commissioner pareene yes
[28:16] vice mayor mcgirk yes thank
[28:16] you.
[28:17] >> ordinance number four dash
[28:19] twenty sachs has been adopted
[28:20] we want a public hearing will
[28:24] be conducted to consider the
[28:25] adoption of ordinance number
[28:28] five twenty sachs sachs twenty
[28:28] sachs and seven twenty sachs
[28:29] regarding the annexation
[28:32] of property located on oliver
[28:33] drive city attorney will read
[28:36] by ordinance number five twenty
[28:36] sachs sachs twenty sachs and
[28:37] seven twenty sachs for the
[28:39] second time by title only
[28:39] ordinance number five twenty
[28:40] sachs an ordinance of the city
[28:43] of new smyrna beach and sixteen
[28:45] point two to plus or minus
[28:45] acres of property generally
[28:47] located on the west side
[28:48] of oliver drive north of liddie
[28:48] away providing for redefining
[28:51] boundaries the city designating
[28:52] the property within commission
[28:55] zone for providing for public
[28:56] hearing provided for required
[28:56] five lines providing for
[28:57] conflicting ordinances,
[28:59] providing for severability and
[29:00] providing an effective date
[29:03] ordinance no 006 twenty sachs
[29:04] an ordinance of the city of new
[29:04] smyrna beach immonen
[29:05] comprehensive plan changing the
[29:07] feature land use designation
[29:08] appoint to two plus or minus
[29:10] acres of property generally
[29:11] located on the west side
[29:12] of oliver drive north of liddie
[29:14] away from alutiiq county urban
[29:15] medium intensity to city medium
[29:18] density residential providing
[29:19] for amendment of the associated
[29:20] comprehensive plan maps to show
[29:23] the area incorporated into the
[29:23] city providing for public
[29:24] hearing provided for
[29:26] conflicting ordinances and
[29:26] providing an effective date
[29:27] ordinance.
[29:30] 076 an audience of the city
[29:31] of new smyrna beach rezoning
[29:32] point to two plus or minus
[29:34] acres of property generally
[29:35] located on the west side
[29:36] of oliver drive north of liddie
[29:38] away from volusia county are
[29:41] for a urban single family
[29:42] residential airport overlayed
[29:42] to city or to a single family
[29:46] residential airport zoning
[29:46] district providing for
[29:47] conflicting ordinances provided
[29:49] for severability and providing
[29:49] effectively.
[29:50] >> thank you, said attorney
[29:51] bob.
[29:53] You're up.
[29:54] Yes, sir.
[29:55] So the property owners have
[29:55] requested the volunteer
[29:57] annexation a small scale
[29:57] conference plan amendment
[29:58] change the future change
[30:01] category from blusher, urban
[30:04] medium intensity and arizonian
[30:05] from the volusia county zoning
[30:06] designation of our four urban
[30:06] single family residential
[30:08] within attatched for the
[30:09] airport hypothecation zone to a
[30:13] compatibles any future land use
[30:14] category of meeting density
[30:16] residential and a compatible
[30:17] city zoning designation of r to
[30:18] singleton residential with an
[30:20] attached for the airport height
[30:24] allocation zone so the
[30:24] undeveloped site does contain
[30:25] approximate zero point two to
[30:27] plus minus acres.
[30:32] Yeah also it's located on the
[30:32] west side of oliver drive just
[30:35] north of lydie away and it's an
[30:35] existing planted residential
[30:39] subdivision.
[30:40] >> so at its regular schedule
[30:40] meeting on DECEMBER 1st, 2025,
[30:43] the is zoning board voted seven
[30:44] to zero to give a positive
[30:44] recommendation to the city
[30:47] commission to approve the
[30:48] request of annexation small
[30:50] scale comprehensive plan to
[30:51] change the future land use
[30:52] category to city medium density
[30:55] residential and rezoning the
[30:56] city or to singleton
[30:58] residential with an attack for
[30:59] the airport identification
[30:59] zone.
[31:02] The planning department also
[31:03] recommends the city commission
[31:03] to approve the request
[31:05] annexation smallscale
[31:06] comprehensive plan amendment
[31:10] and a rezoning in provided a
[31:11] summary of the staff reports
[31:11] of any questions the
[31:14] commissioners MAY have.
[31:14] Thank you bob.
[31:15] Any comments or questions?
[31:17] Go ahead.
[31:18] I don't understand why the
[31:21] airport zoning I think is so we
[31:25] have airport notification was
[31:26] in the city where so many
[31:26] thousands of feet away from the
[31:29] airport if you're above three
[31:30] stories in height, you have to
[31:31] notify the faa to get approval
[31:31] for that.
[31:32] It's not near the airport.
[31:33] >> it's within so many
[31:36] thousands of feet of the runway
[31:36] .
[31:37] So we have a circle that goes
[31:40] around the city and is barely
[31:40] just into it.
[31:44] Ok, so if you want to build a
[31:45] four story or if your zoning
[31:46] allows you one three you have
[31:48] the faa has to be notified so
[31:51] they can put on the map, ok, ok
[31:52] ,no further comments from bob
[31:55] is the applicant here and does
[31:56] the applicant wish to say
[31:59] anything.
[32:00] >> ok seeing not seeing an
[32:03] applicant wishing to speak I'm
[32:04] going to open this up for
[32:07] public hearing.
[32:08] >> is anybody from the public
[32:10] wanting to comment on this item
[32:10] seeing none?
[32:12] I'm going to close a public
[32:15] hearing, bring it back up to
[32:18] the city commission is there a
[32:19] motion to adopt the ordinance
[32:22] five twenty sachs some moved
[32:23] second city court called the
[32:26] royal commissioner pareene yes.
[32:29] Commissioner martin yes
[32:30] commissioner actually yes.
[32:30] >> vice mayor mcgirk.
[32:31] Yes.
[32:31] Thank you.
[32:34] Ordinance number five twenty
[32:34] sachs has been adopted.
[32:37] Is there a motion to adopt
[32:38] ordinance number sachs twenty
[32:40] sachs so moved second city
[32:41] clerk called the roll
[32:44] commissioner ashleigh yes.
[32:45] Commissioner pareene yes
[32:46] commissioner martin yes.
[32:49] Vice mayor mcgurk yes.
[32:50] >> or it is number sachs twenty
[32:53] sachs has been adopted and is
[32:55] there a motion to approve seven
[32:56] twenty sachs I move to approve
[33:00] seven twenty sachs second city
[33:05] court commissioner pareene yes
[33:05] commissioner martin yes
[33:06] commissioner ashely yes
[33:08] vice mayor mcgirk yes thank you
[33:08] orrenius number seven twenty
[33:15] sachs has been adopted
[33:16] .
[33:16] >> a public hearing will be
[33:17] conducted to consider the
[33:20] adoption of an ordinance number
[33:21] eight twenty sachs which if
[33:21] adopted would rezone
[33:24] approximately point eight five
[33:27] plus acres of land to r to
[33:28] single family residential with
[33:31] in a attached for the airport
[33:32] height notifications for
[33:35] property located at seventeen
[33:36] zero one s dixie freeway city
[33:40] attorney avallone will read the
[33:41] ordinance number eight twenty
[33:43] sachs for the second time and
[33:44] by title only ordinance number
[33:45] eight 2006 an audience of the
[33:47] city of new smyrna beach
[33:48] rezoning point eight five plus
[33:50] or minus acres of property
[33:51] generally located on the west
[33:52] side of magnolia street between
[33:55] ninth and tenth street's
[33:55] address the seventeenth one s
[33:58] dixie freeway from city b three
[33:59] highway service business
[34:00] district airport overlayed to
[34:03] city r to a single family
[34:04] residential airport overlay
[34:04] zoning district writing for
[34:06] conflict ordinances, providing
[34:07] for severability and providing
[34:10] an effective date.
[34:10] All right.
[34:15] Off be back at it.
[34:15] >> come back up.
[34:16] Yes sir.
[34:18] So the property is located on
[34:19] south dixie freeway just north
[34:21] of tenth street across from the
[34:22] mcdonald's quick service
[34:22] restaurant.
[34:25] The property owners requested a
[34:26] partial rezoning from b three
[34:29] how we service business
[34:30] district to r to single family
[34:33] residential.
[34:34] There is commercial zoning to
[34:34] the west and there's
[34:37] residential zoning to the east
[34:40] north in the south.
[34:41] So I provided an existing
[34:44] zoning map and a proposed only
[34:45] map and as you can see on the
[34:46] current zoning map on the left
[34:48] side of the slide shows the
[34:49] entire parcel with a current
[34:52] zoning to be three which is
[34:53] highway service business
[35:00] district this the park was
[35:00] surrounded on three sides with
[35:03] the two single family zoning
[35:04] and the proposed johnny mathis
[35:04] located on the right side
[35:06] of the slide shows where the
[35:07] proposed are to single family
[35:11] zoning would be so in this
[35:14] slide provided the existing
[35:15] future land use map and as you
[35:19] can see on this map, the
[35:19] partial currently has two
[35:22] future land uses categories the
[35:23] property, the west side, the
[35:24] property that contains the
[35:27] credit union has no future land
[35:27] use category of commercial by
[35:28] the undeveloped half of the
[35:31] property as a future land use
[35:32] category of low density
[35:33] residential.
[35:38] So I provided a copy of the
[35:39] 1925 plant and I highlighted
[35:41] the five planted lots.
[35:42] >> this would be the area where
[35:43] the property owners requested a
[35:48] change in the zoning.
[35:49] So the property owner also
[35:50] provided a survey of the
[35:52] property and the survey does
[35:53] show that the entire bank
[35:55] operation is west of the
[35:56] planted lots.
[35:57] >> that's part of this rezoning
[35:59] request.
[36:01] >> so I was able to find the
[36:01] original site plan for the
[36:03] credit union in 1975 when this
[36:04] site was originally drafted.
[36:07] The original bank was the first
[36:11] federal savings and loan.
[36:12] >> we also found the original
[36:14] landscaping and drainage plan
[36:15] and with this slide you can see
[36:19] that the plan originally was to
[36:20] send the stormwater to the east
[36:21] in the underdeveloped area.
[36:25] >> the partial in the bank
[36:26] submitted a revision and
[36:26] decided to keep the stormwater
[36:30] on site and with the area of a
[36:31] bank in place a berm and
[36:36] vegetation buffer.
[36:37] >> and by and large in this
[36:40] plan you can see the revised
[36:41] stormwater vegetation plan
[36:44] showing that the areas of the
[36:45] drain is built back onto the
[36:47] property itself.
[36:51] So this area does show some
[36:52] of the stormwater inlets that
[36:52] are to the underground
[36:54] stormwater collections storage
[36:58] area and when the planning
[36:59] department receives an
[37:02] application for rezoning, staff
[37:05] must review that application
[37:06] for consistency with the city's
[37:10] comprehensive plan and the
[37:11] city's land development plan.
[37:11] So after reviewing this
[37:13] application it's the city's
[37:14] comprehensive plan staff would
[37:15] propose that the application
[37:18] would be consistent with the
[37:18] following future use land
[37:21] element low density residential
[37:22] category.
[37:25] It would be consistent with the
[37:26] future land use element goal
[37:27] number two which is the general
[37:29] land use pattern.
[37:30] >> they'd be consistent with
[37:33] the future land use element
[37:34] goal number two objective one
[37:35] which is the future land use
[37:38] map and it would be consistent
[37:40] with the future land use
[37:41] ultimate goal number four
[37:43] objective one nonresidential
[37:47] uses.
[37:48] So after reviewing the
[37:49] application gets the city's
[37:51] land development regulation.
[37:52] The two zoning districts have
[37:53] major differences.
[37:55] The current three how we
[37:56] service business district does
[37:57] not allow for single family
[38:00] homes as a permitted use.
[38:03] The current three are service
[38:04] business district does allow
[38:07] more intense five foot front
[38:08] and side building set backs
[38:11] with a ten foot building set
[38:11] back.
[38:14] The proposed are to single
[38:15] family zoning district allows
[38:16] single family homes as a
[38:19] permitted use with very limited
[38:22] commercial uses.
[38:23] Also the proposed are to say
[38:23] within residential district
[38:26] requires a 30 foot front yard
[38:26] set back with a seven and a
[38:28] half foot side and very arched
[38:32] back so staff would also review
[38:36] of a change in the zoning would
[38:36] affect adjacent or closely
[38:39] related neighboring properties
[38:40] .
[38:40] The neighboring properties to
[38:41] the north, south and east are
[38:44] already zoned or to single
[38:45] family residential and the
[38:47] change would limit any type
[38:48] of large scale commercial
[38:48] development.
[38:51] It would allow a small scale
[38:52] residential development.
[38:53] So we feel that this request
[38:56] MAY stabilize the existing
[38:59] residential neighborhood.
[39:00] So in summary the property
[39:03] owners requested that the E.S.
[39:04] That a property that contains
[39:07] plotts one three five be owned
[39:08] to our two single-file
[39:08] residential the future land use
[39:11] is already agency residential
[39:12] so the art would be compatible
[39:15] to that future links if
[39:19] approved the property owner
[39:20] wishes to separate those five
[39:20] planted plots and develop those
[39:25] lightwood single family homes
[39:26] so it is better to schedule a
[39:26] meeting back on DECEMBER the
[39:29] first twenty twenty five the
[39:30] plan the zoning board voted
[39:30] seven to zero to give a
[39:33] positive recommendation to the
[39:34] city commission to approve the
[39:35] request a change to or two
[39:37] single in residential and after
[39:40] the plan apartments valuation.
[39:41] >> we've also determined that
[39:42] the zoning request would be
[39:44] consistent with the
[39:45] comprehensive plan and the land
[39:48] available regulations and since
[39:49] the request is only would allow
[39:52] for single homes the zoning
[39:53] would stabilize the existing
[39:53] residential neighborhood.
[39:55] The plain apartment also
[39:56] recommends commission to
[39:57] approve the request a change to
[40:00] be consistent with neighboring
[40:01] properties.
[40:01] With that as a summary of the
[40:04] staff report such a request the
[40:05] commissioner's behalf.
[40:07] >> thank you bob.
[40:08] >> any questions or comments
[40:08] from bob?
[40:11] I'm just verifying to simplify
[40:12] that the property along U.S.
[40:16] One will remain b three a for
[40:18] commercial or business and the
[40:19] portion of the property already
[40:22] facing current family homes
[40:23] will be resolved to single
[40:27] family residential that is
[40:27] correct thank bankside will
[40:28] stay b three in commercial the
[40:30] undeveloped site will be
[40:34] residential in single family.
[40:35] Will you go back to page twenty
[40:38] three and elaborate on the said
[40:39] the buyer the seven lawns what
[40:42] did you say about that in the
[40:42] property.
[40:43] Well there's currently five
[40:45] locks so they could divide
[40:46] those five locks and have five
[40:48] individual homes or they could
[40:49] do any combination so if they
[40:50] wanted to do three homes they
[40:52] could do a lot and half.
[40:53] >> that's really up to the
[40:54] property owner that kolody owns
[40:55] the property he's going to
[40:57] market those odds.
[40:57] >> hello.
[40:58] I'm sorry I didn't mean to
[41:01] interrupt.
[41:02] He's going to market those to
[41:03] be sold to a hopefully a local
[41:04] builder with the the
[41:08] differences with the stormwater
[41:09] impact versus leaving as a
[41:12] commercial.
[41:13] >> well, if you leave it as
[41:13] commercial they could develop
[41:15] that side as commercial a
[41:16] totally independent from the
[41:16] bank so you'd have to could
[41:17] have another commercial
[41:19] building with its own
[41:20] stormwater system.
[41:20] It's too small.
[41:23] I have potential answer though.
[41:24] I have to do an underground
[41:27] system like the bank did but
[41:28] then you'd have that commercial
[41:28] build would be facing all those
[41:31] restaurants at home so since
[41:31] his request to make the change
[41:32] we're going to support that
[41:35] change so that we the
[41:35] homeowners would face a new
[41:36] homes instead of a possible
[41:38] commercial building in the big
[41:39] three has a lot of uses from
[41:43] tavern's restaurants to, you
[41:46] know, service centers for cars
[41:47] and so we'd like to limit those
[41:50] we support him sort of just
[41:51] went through this with a
[41:54] different situation and the
[41:58] owners had a problem finding a
[41:58] future use.
[42:02] >> the commercial has this
[42:03] owner had a problem with that?
[42:06] Is that why they're asking to
[42:07] revert that to residential and
[42:09] that's a good question.
[42:13] >> so he's when came to us he
[42:14] feels he just purchased a
[42:14] property within the last couple
[42:15] of years and now the bank is a
[42:17] tenant.
[42:18] This should have been the
[42:18] property owner.
[42:19] So I think to read that some
[42:21] of his investment he's looking
[42:22] to sell for residential to
[42:25] recoup some of this cost and
[42:28] pay for the properties and one
[42:29] more thing I mean since we just
[42:33] went through this property tax
[42:36] situation, I see it's similar
[42:37] that we're reporting from
[42:40] commercial residential
[42:41] understands words.
[42:44] >> there's so much pushback on
[42:45] the other and not this and I
[42:46] understand the seminar versus
[42:49] what we just went through.
[42:49] >> so even though the
[42:51] applications sound similar,
[42:52] they're actually two separate
[42:53] differences for this property.
[42:56] It already has a future land
[42:57] use of low density residential.
[43:00] So even ahead of commercial
[43:01] zoning if they want to do a
[43:01] commercial project they would
[43:03] have to do a complaint
[43:04] amendment to change it to
[43:08] commercial so really the
[43:09] current genre of b3 is
[43:09] incompatible with that
[43:12] ladieswear where the other
[43:12] application had to do both.
[43:15] They had to go from residential
[43:15] to commercial and they had to
[43:18] do a zoning from our opposite.
[43:19] They had to do commercial
[43:22] residential and to a zoning for
[43:23] commercial to residents with
[43:24] this one the future land use is
[43:24] already in place.
[43:27] It's the zoning that's now
[43:27] incompatible.
[43:28] >> thank you.
[43:30] I thought that was very
[43:30] important from that
[43:31] clarification to public.
[43:34] >> thank you to MR. Ashley.
[43:38] Any questions?
[43:39] >> it sounds like a good idea
[43:39] to me.
[43:39] All right.
[43:42] So I think he's a neighbor
[43:42] living across the street there.
[43:44] >> I say it's a good idea so
[43:45] that's what we've received from
[43:46] the neighbors.
[43:47] >> so I have a few comments on
[43:49] this bob.
[43:49] Our problem on U.S. One has
[43:52] always been we took home lots
[43:53] which were our commercial home
[43:57] homesites, lots of residential
[44:01] lots which arterial commercial
[44:04] road and you know that we have
[44:08] split those up sometimes
[44:08] exactly what we're doing here
[44:09] which is half of the block is
[44:12] going to be commercial in the
[44:13] back half of the property is
[44:16] going to be residential the
[44:17] back of whatever road is in the
[44:17] back of it.
[44:19] >> what it's created is
[44:20] properties too small to be
[44:24] developed commercially.
[44:25] >> so we're doing this we're
[44:27] river actually potentially
[44:31] creating the problem that this
[44:31] property actually doesn't have
[44:35] in that the whole thing of the
[44:36] whole lot is right now be three
[44:39] commercial once we make this
[44:42] change is any of the existing
[44:43] commercial building going to be
[44:47] on conforming well so in the
[44:47] three zoning you're required to
[44:51] have a ten foot rheostat back
[44:51] from commercial and residential
[44:54] so there's no additional
[44:54] requirement for landscaping or
[44:55] set back like in other
[44:58] commercial districts.
[44:59] >> so so in this case it would
[45:01] be compatible.
[45:02] >> so I'm not talking yet from
[45:03] the commercial to the
[45:03] residential.
[45:05] I'm talking about the
[45:09] commercial use the frontage on
[45:10] U.S. One just the commercial.
[45:13] >> so if someone else wanted
[45:14] the bank decided to leave and
[45:15] and someone and a different
[45:18] business want to come in, are
[45:18] all of the current designs
[45:22] conforming when we make this
[45:22] change?
[45:23] So is the front yard set backs,
[45:25] the parking spaces off of U.S.
[45:26] One are those conforming so all
[45:28] of those conforming because
[45:29] front yard set back can be
[45:30] three is five feet and they're
[45:31] more than five because they
[45:33] have drive that runs across the
[45:34] fro all the side in the
[45:37] front and the rear that backs
[45:37] would still be conforming even
[45:38] with this rezoning application.
[45:40] >> ok, great thank you.
[45:42] At this time I'd like if the
[45:45] applicant is here and would
[45:45] like to speak applegate can
[45:46] come up.
[45:46] It's up to you.
[45:50] You go ahead and come up here.
[45:51] >> come on up.
[45:54] We'll find out just a second
[45:55] please state your name.
[45:58] >> my name's jeff allen.
[45:59] >> I own the property since
[46:02] twenty nineteen currently has
[46:03] the space coast credit union on
[46:04] it.
[46:05] They're a tenant.
[46:10] >> they are they have no no
[46:13] issue with this.
[46:14] In fact I'm working up a new
[46:18] lease to represent the property
[46:18] as it's going to be when it's
[46:19] split.
[46:21] Hopefully and there's no issue
[46:25] with ingress or egress or
[46:29] they're parking we're going
[46:30] through all that with them and
[46:33] and so there's nothing that I'm
[46:33] aware of that would impede them
[46:36] to continue doing the business
[46:40] as possible as it's being done
[46:41] today.
[46:44] So other than that there one
[46:45] question I did hear was did the
[46:48] owner try to want to do
[46:49] something commercially and
[46:50] couldn't so it did residential
[46:52] that wasn't the case at all.
[46:56] We realized that this property
[46:57] is two acres and it's split in
[47:00] the credit union has had some
[47:03] issues over the last few years
[47:04] the storms and having to
[47:07] maintain all those trees and
[47:07] that type of thing.
[47:08] So they're happy to not have to
[47:11] pay taxes on and maintain it
[47:12] and and that sort of thing.
[47:16] So it's kind of a win win for
[47:19] everybody and I think we had
[47:20] quite a few residents or
[47:20] several residents here during
[47:22] the planning meeting that
[47:27] expressed their their happiness
[47:28] that it was going to become
[47:28] residential and there wasn't
[47:30] any any commercial going to be
[47:31] built on that site on the
[47:31] magnolia street side.
[47:38] So ok, I just want to make you
[47:39] finish what you're saying.
[47:39] Yeah, ok.
[47:46] At this time questions
[47:50] go ahead
[47:51] coommissioner A.M..
[47:51] >> yes.
[47:52] Do you have any renderings yet
[47:53] or do you have an idea of what
[47:54] exactly each lot we know would
[47:54] be put on?
[47:55] I'm not a developer so I'm
[47:56] probably going to pass it on to
[47:56] to somebody that wants to build
[47:57] some homes there.
[47:58] That's that's that's my plan
[48:00] right now.
[48:01] I MAY I MAY end up building
[48:05] some homes but I really don't
[48:06] want to get into that business.
[48:09] I I know that in the area there
[48:12] are quite a few vacant lots
[48:13] being developed right now with
[48:15] developed with builders and
[48:16] it's you know, I have a
[48:19] question for would that
[48:20] decision have to come back
[48:23] before us?
[48:24] In other words, if somebody
[48:25] wanted to build a three story
[48:28] apartment there, a condo and
[48:29] then a house or if they want to
[48:31] build something, it's in
[48:32] conformity with zoning and
[48:35] subdivision regulations, they
[48:36] wouldn't have to come back.
[48:39] >> ok, so what visioning is
[48:43] what we saw that that bobby did
[48:44] with his idea.
[48:48] You know if that and I have
[48:48] that in my mind about what
[48:49] these adjacent lots that you
[48:52] owned would look like you know,
[48:52] I don't know if you saw what
[48:53] happened.
[48:56] Uh that thirteen hundred south
[48:59] atlantic and what's interesting
[49:03] ,you know well it was the the
[49:04] the area was zoned commercial
[49:06] forever and it stayed empty and
[49:10] MR. Luthor came before us and
[49:11] had a plan to do some very nice
[49:15] residential homes and the
[49:15] rendering look great.
[49:18] And so I'm trying to envision
[49:19] uh what might go there.
[49:20] >> I think it's a good idea.
[49:21] Yeah.
[49:23] I think it's a good idea.
[49:24] >> yeah.
[49:27] I like I said, I'm probably not
[49:27] going to develop it.
[49:30] I would assume the whoever does
[49:31] has to come before you guys
[49:34] like the city manager said if
[49:38] there's going to be any
[49:39] variance for me it'd be a
[49:40] proper procedure with the
[49:41] property seizure with the
[49:41] behind the buildings at that
[49:45] point I do have yesterday a new
[49:49] survey was done and and corey's
[49:50] going to do a survey for me
[49:53] next week to for each of the
[49:54] five plighted lotte's
[49:57] individually utilities are
[49:58] there all the everything is
[50:00] there but that's it.
[50:04] Ok, just a reminder that the
[50:08] rezoning goes with the land,
[50:09] not just any site planned not
[50:12] to be specific development.
[50:15] It just rides with the land.
[50:16] >> that's all coommissioner
[50:19] bring any question for the
[50:20] applicant and the only thing
[50:21] that I'd mentioned to you is
[50:24] you MAY have picked up on when
[50:27] I was talking to staff right
[50:27] now you have a sizable
[50:28] commercial property and that
[50:31] will be reduced significantly.
[50:32] So what you will be able to do
[50:35] with that commercial property
[50:36] will be limited in the future.
[50:38] So you have what you have and
[50:42] luckily with this change you're
[50:43] still be conforming which which
[50:46] is good but you will obviously
[50:47] limit whatever future
[50:47] commercial uses will go there
[50:50] simply by the size of the land.
[50:51] >> right.
[50:57] Ok, no with no further comments
[50:58] to the applicant I'm going to
[51:01] take an opportunity now to open
[51:02] a hearing up to the public.
[51:03] Is there anybody from the
[51:03] public who would like to speak
[51:07] on this item?
[51:08] Ok, see nobody from the public
[51:12] I'm going to close the public
[51:15] hearing portion and if there's
[51:19] any other if we have any more
[51:20] questions for the applicant or
[51:27] staff, ok, thank you.
[51:28] >> all right.
[51:29] Is there a motion to adopt
[51:30] ordinance number eight twenty
[51:32] sachs some moved second city
[51:35] clerk call the roll
[51:36] coommissioner martin yes
[51:38] coommissioner pareene yes.
[51:39] >> coommissioner ashley yes.
[51:42] Vice mayor mcgirk.
[51:43] >> yes, thank you.
[51:44] Ordinance number eight twenty
[51:46] sachs has been adopted.
[51:47] Moving on to audiences first
[51:50] reading city attorney avallone
[51:51] please read the ordinances
[51:52] number nine twenty sachs ten
[51:55] twenty sachs eleven twenty
[51:55] sachs by title only for its
[51:59] first reading ordinance number
[52:00] nine twenty sachs an ordinance
[52:00] of the city of new smyrna beach
[52:02] and sixty five plus or minus
[52:03] property generally located
[52:03] south apage avenue east
[52:05] of trophy hunter trail
[52:06] providing for redefining
[52:07] boundaries of the city
[52:10] designating the property within
[52:11] commission zone one providing
[52:11] for a public hearing provided
[52:14] for require filings running for
[52:15] kolody ordinances provide for
[52:15] several city and providing an
[52:18] effective date ordinance number
[52:18] ten twenty sachs an ordinance
[52:19] of the city of new smyrna beach
[52:21] amending comprehensive plan
[52:22] changing the future land use
[52:25] designation of five plus or
[52:26] minus acres of property
[52:26] generally located south apage
[52:29] avenue e trophy hunter trail
[52:30] from volusia county urban low
[52:33] intensity urban medium
[52:34] intensity and environmental
[52:34] systems corridor to city
[52:37] conservation in providing for
[52:38] amendment of the associated
[52:41] comprehensive plan maps to show
[52:42] the area incorporated into the
[52:42] city providing for public
[52:45] hearing provided ordinances and
[52:45] providing an effective date
[52:49] ordinance no.
[52:50] Eleven twenty sachs an
[52:53] ordinance of the city of new
[52:54] smyrna beach rezoning five plus
[52:54] or minus acres of property
[52:57] generally located south apage
[52:58] avenue e of trophy hunter trail
[53:00] from volusia county arcy
[53:01] resource corridor arwani urban
[53:05] single family and are for urban
[53:05] single family residential
[53:06] airport overlay to city seei
[53:09] conservation airport overlay
[53:10] zoning district providing for
[53:12] conflicting ordinances,
[53:13] providing for severability and
[53:13] providing an effective date.
[53:14] All three of those public
[53:16] hearings will be held on
[53:17] FEBRUARY 10th 2026.
[53:17] >> thank you.
[53:20] City attorney please read
[53:21] ordinances number 12 twenty
[53:22] sachs thirteen twenty sachs and
[53:25] fourteen twenty sachs by titlele
[53:25] only for its first reading
[53:29] audience no twelve 26 an
[53:29] audience of the city of new
[53:30] smyrna beach and I see four
[53:33] point five plus or minus acres
[53:34] of property generally located
[53:35] south of page avenue east
[53:36] of ruby hunter trail providing
[53:36] for redefining boundaries
[53:37] of the city designated in the
[53:40] property within commission zone
[53:40] one providing for public
[53:43] hearing provided for required
[53:44] filings, providing for
[53:44] conflicting ordinances,
[53:45] providing for severability and
[53:47] providing an effective date
[53:48] ordinance number thirteen
[53:51] twenty sachs and of the city
[53:52] of new smyrna beach amending
[53:53] the comprehensive plan changing
[53:53] the feature land use
[53:55] designation four point five
[53:56] plus or minus acres of property
[53:59] generally located south of page
[54:00] avenue e of trophy hunter trail
[54:01] from volusia county urban
[54:03] medium intensity to city
[54:03] conservation providing for
[54:04] amendment of the associated
[54:07] comprehensive plan maps to show
[54:08] the area incorporated into the
[54:10] city provided for public
[54:11] hearing, provided for
[54:12] conflicting ordinances and
[54:12] providing an effective date
[54:14] ordinance number fourteen
[54:15] twenty sachs an ordinance
[54:16] of the city of new smyrna beach
[54:19] rezoning four point five plus
[54:20] or minus acres of property
[54:20] generally located south of page
[54:23] avenue e of trophy hunter trail
[54:25] from volusia county are for a
[54:26] urban single family airport or
[54:27] related to city c a
[54:29] conservation airport overlay
[54:30] zoning district providing for
[54:31] conflicting ordinances,
[54:33] providing for severability and
[54:34] providing an effective date.
[54:35] All three of these public
[54:38] hearings will be held on
[54:38] FEBRUARY 27th, 2026.
[54:39] >> thank you.
[54:42] City attorney please read
[54:43] ordinances number twelve twenty
[54:43] sachs thirteen twenty sachs and
[54:46] fourteen twenty sachs by title
[54:47] only for first reading
[54:50] ordinance number fifteen twenty
[54:51] sachs an ordinance in the city
[54:52] of new smyrna beach annexing
[54:54] two point eight plus or minus
[54:55] acres of property generally
[54:57] located south of alster drive
[54:58] east of corvin park road
[54:58] providing for redefining
[55:01] boundaries of the city
[55:02] designating the property within
[55:05] commission zone one providing
[55:05] for public hearing provided for
[55:06] required filings.
[55:07] Providing for conflicting
[55:08] ordinances providing for
[55:09] severability and providing an
[55:10] effective date.
[55:13] Ordinance number sixteen 2006
[55:13] and ordinance of the city
[55:14] of new smyrna beach amending
[55:17] the comprehensive plan change
[55:18] in the future land use
[55:18] designation of two point eight
[55:21] plus or minus acres of property
[55:21] generally located south
[55:24] of doster drive east corvin
[55:24] park road from volusia county.
[55:25] Urban low intensity and
[55:28] environmental systems corridor
[55:29] to city conservation providing
[55:29] for amendment associated
[55:32] comprehensive and maps to show
[55:33] that you're incorporated into
[55:34] the city providing for public
[55:36] hearing provided for ordinances
[55:37] and providing an effective date
[55:40] ordinance no 1724 sachs and
[55:41] ordinance of the city of new
[55:42] smyrna beach rezoning two point
[55:44] eight plus or minus acres
[55:45] of property generally located
[55:48] south of dorsetshire drive east
[55:49] korbin park road from english
[55:49] county arcy resource corridor
[55:52] airport overlay an r for async
[55:56] urban single family airport or
[55:57] relate to city c a conservation
[55:59] airport overlay zoning district
[56:00] providing for conflicting
[56:00] ordinances, providing for
[56:01] survivability and providing an
[56:03] effective.
[56:04] >> all three of those public
[56:05] hearings will be FEBRUARY 10th
[56:07] twenty twenty sachs city
[56:08] attorney I think you were
[56:11] reading number eighteen twenty
[56:12] sachs on first reading.
[56:15] >> well ordinance number 1826
[56:15] and ordinance in the city
[56:18] of new smyrna beach.
[56:19] >> many in the land development
[56:22] regulations amending article ex
[56:22] subdivisions section one
[56:23] thousand seven plot
[56:26] requirements section one
[56:27] thousand eight preliminary plot
[56:30] and plans approval in section
[56:31] one thousand nine final plot
[56:34] and development plan approval
[56:35] rating for codification
[56:35] provided for public hearing
[56:36] approved overexploiting
[56:38] ordinances providing an
[56:39] effective date.
[56:39] Second reading public hearing
[56:42] will be FEBRUARY 2026.
[56:45] >> thank you city attorney
[56:46] please read order summer
[56:47] nineteen twenty sachs by title
[56:49] only for his first reading word
[56:50] in summer 1926 an ordinance in
[56:53] the city of new smyrna beach,
[56:54] florida amending chapter
[56:55] seventy streets and sidewalks
[56:57] and other public places article
[56:58] one in general to add section
[57:01] seventy sachs sleeping to
[57:02] prohibit sleeping on public
[57:02] streets, alleys, sidewalks and
[57:03] rights away providing for
[57:06] codification and providing for
[57:07] public hearing provided for the
[57:07] ordinances running for several
[57:09] and providing an effective
[57:10] date.
[57:10] Second reading and public
[57:13] hearing will be FEBRUARY 10 20
[57:13] 26.
[57:16] >> thank you city attorney
[57:17] moving on the boards and
[57:20] commissions 12 we have the
[57:21] animal control board.
[57:24] I think what we did was city
[57:25] clerk is going to be looking
[57:26] for us.
[57:27] >> we temporarily approved
[57:28] three to the JANUARY twenty
[57:32] three to temporarily and city
[57:35] clerk I think you want us to
[57:36] move approve those three to the
[57:40] JANUARY twenty twenty eight
[57:43] twenty twenty eight date so yes
[57:44] at their last meeting that we
[57:45] brought to you applicants
[57:48] because we need to have a
[57:49] hearing that was going to be
[57:51] appealed and the last meeting
[57:52] we asked for a temporary
[57:53] extension for three members so
[57:56] the clerk's office is now
[57:57] seeking to go ahead and fully
[57:59] appoint five members tonight to
[58:00] fulfill the board consistency
[58:03] for the animal control board.
[58:04] So my first motion I'm looking
[58:07] for is the three members that
[58:11] we did the 30 day extension to
[58:11] ask for an extension so that
[58:14] they can fulfill their two year
[58:15] terms until the JANUARY 28,
[58:19] 2012 eight term extension.
[58:22] >> so that would be member engo
[58:23] member diana hoffman and
[58:29] veterinarian robert leonard.
[58:30] >> so I'm just looking for
[58:34] motion I'd like to make that
[58:36] motion a second I second call
[58:37] the roll commissioner pareene
[58:40] yes.
[58:41] Commissioner martin yes.
[58:41] Commissioner ashely yes.
[58:44] Vice mayor mcgirk yes.
[58:48] >> ok so now we have to
[58:49] consider MISS Jane mcgrady's
[58:52] who is an animal owner.
[58:53] She's asked to be considered to
[58:54] serve another term she has
[58:57] served one term and she would
[58:57] like to be reappointed as an
[59:00] animal owner or we have two
[59:01] other animal owners that are
[59:03] presented to you that would
[59:04] like to be considered for an
[59:05] appointment to the animal
[59:05] control board.
[59:07] So it's the commission's
[59:08] pleasure to either reappoint
[59:12] jane mcgrady for a second termm
[59:15] or to select karen o'leary
[59:16] o'leary or clayton crane as the
[59:19] animal owner to fill the
[59:20] vacancy on the animal control
[59:23] board has MISS Mcgrady been a
[59:23] good participant?
[59:27] Yes, and she's going to serve
[59:27] yes.
[59:28] >> she's willing to serve
[59:28] again.
[59:31] Ok, is there anyone want to
[59:34] make a motion for MISS Mcgrady
[59:35] or nominate someone else?
[59:38] I will make a motion to approve
[59:39] mcgrady and I'll second that
[59:42] city clerk on the roll
[59:46] coommissioner martin yes.
[59:47] Coommissioner actually yes.
[59:48] Vice mayor mcgirk yes.
[59:50] Coommissioner yes.
[59:50] Thank you.
[59:53] And then one and final the
[59:54] final qualification or
[59:54] composition for the board is a
[59:57] non animal owner.
[59:59] We have two non animal animal
[59:59] owners who are willing to serve
[1:00:02] on the board.
[1:00:03] >> that's pat weber sones and
[1:00:05] julie strickland.
[1:00:06] So it's commission's pleasure
[1:00:08] to pick one non animal owner to
[1:00:09] serve on the board any
[1:00:10] nominations?
[1:00:13] >> julie strickland and I'd
[1:00:14] second that ok and I will call
[1:00:17] role commissioner brene.
[1:00:17] Yes, commissioner martin.
[1:00:21] Yes.
[1:00:22] >> commissioner ashley.
[1:00:22] Yes.
[1:00:22] Vice mirrabooka.
[1:00:23] Yes.
[1:00:24] thank you, MISS Trickle into
[1:00:25] the animal control board.
[1:00:25] >> thank you.
[1:00:26] And that's all for today.
[1:00:29] Also I am advertising for the
[1:00:30] open position on the utilities
[1:00:32] commission.
[1:00:33] We will keep that advertisement
[1:00:34] for this meeting in the next
[1:00:35] meeting.
[1:00:36] The applications will be
[1:00:36] emailed to you for your
[1:00:37] reference and review and we can
[1:00:40] expect that on which meeting
[1:00:43] right now it's the last meeting
[1:00:44] in MARCH will present them to
[1:00:47] be appointed to the board.
[1:00:47] Ok, great.
[1:00:48] Thank you city clerk.
[1:00:48] You're welcome.
[1:00:49] All right.
[1:00:51] Moving on to
[1:00:56] commissioner comments I'll
[1:00:59] start with commissioner pareene
[1:00:59] .
[1:01:00] >> thank you.
[1:01:01] Um, I just thought we had a
[1:01:03] great turnout to police the
[1:01:04] league of cities this week.
[1:01:07] It was a oakhill and
[1:01:08] mayor rikki taylor did a
[1:01:08] fabulous job at goodrich's.
[1:01:11] They did at this time seafood
[1:01:12] was excellent.
[1:01:15] We had an excellent speaker
[1:01:16] named holly smith and she was a
[1:01:19] pass mayor of sanibel island
[1:01:23] and she gave an amazing report
[1:01:24] on how the hurricane took out
[1:01:27] their bridge and how the
[1:01:28] residents how to deal with that
[1:01:32] impact of not being able to get
[1:01:32] to their own homes and the
[1:01:35] island so she gave a lot
[1:01:36] of good pointers about that
[1:01:36] disaster relief.
[1:01:39] I hope we never have to go
[1:01:39] through that.
[1:01:42] But it was a very good
[1:01:43] solution.
[1:01:44] league of cities and the last
[1:01:47] thing I have I just want to
[1:01:47] remind everyone that we have
[1:01:50] our homeless shelter mayor's
[1:01:54] event on FEBRUARY 7th on
[1:01:55] saturday night it's at sachs
[1:01:58] P.M. At the hilton daytona
[1:01:58] oceanfront resort.
[1:02:01] I hope to see everyone there
[1:02:01] great.
[1:02:05] >> commissioner martin, um,
[1:02:09] just saying inspiring speakers
[1:02:10] ,good music and dance at the
[1:02:11] babe james center where a
[1:02:14] lovely tribute to martin luther
[1:02:18] king JR. And was also nice to
[1:02:18] see a good turnout for the
[1:02:20] crimson cares charity
[1:02:21] fundraiser benefiting the
[1:02:24] police foundation and I hope
[1:02:25] the entire staff of the msb
[1:02:29] feel supported by the nsb
[1:02:32] community images with fabulous
[1:02:33] as always and notably the
[1:02:37] beloved band brought together
[1:02:40] all different segments of our
[1:02:45] local community poor rich, red,
[1:02:45] blue everybody found common
[1:02:49] ground and it was so beautiful
[1:02:52] to see everybody on this common
[1:02:53] ground singing together and
[1:02:56] dancing together.
[1:02:57] So many thanks for the beloved
[1:03:01] band I was also delighted by
[1:03:01] the removal of the cordaro
[1:03:04] civic center and want to put a
[1:03:05] big thank you out to directors
[1:03:08] rob salazar, david ray and all
[1:03:11] the staff that made it happen.
[1:03:12] And finally I would like to
[1:03:15] remind my fellow commissioners
[1:03:16] variances, reasonings and
[1:03:19] special exceptions follow the
[1:03:20] land correct.
[1:03:23] >> not the current owner, not
[1:03:25] the site plan that the proposed
[1:03:27] use just the property that yes,
[1:03:31] I was going to address in my
[1:03:31] comments as well.
[1:03:32] >> thank you.
[1:03:35] thank michel martin.
[1:03:36] MR. Ashley.
[1:03:36] Thank you.
[1:03:36] Vice mayor.
[1:03:39] I would like to give a shoutut
[1:03:42] out to a city employee.
[1:03:44] His name is kevin mcchrystal.
[1:03:46] He's the plans examiner.
[1:03:47] He helped a friend of mine from
[1:03:50] venetian bay with questions.
[1:03:51] My friend's name is larry
[1:03:54] moskva and he asked me how he
[1:03:55] should handle permitting
[1:03:58] anything about permitting much.
[1:03:59] I said you should go down to
[1:04:01] the office and ask your
[1:04:02] questions and he was actually
[1:04:02] done.
[1:04:06] He said I can't I'm talking at
[1:04:07] the level kevin overheard the
[1:04:09] conversation and voluntarily
[1:04:13] and simply just went up.
[1:04:14] I had a conversation with them,
[1:04:17] answered his questions and I
[1:04:17] was just floored by the
[1:04:21] personal attention that
[1:04:21] kevin gave was so he called me
[1:04:25] and said, brian, you do you
[1:04:25] want this guy kevin?
[1:04:28] I said I don't he said I just
[1:04:29] want to tell you what happened
[1:04:30] and he explained what happened.
[1:04:32] He was so grateful so he shared
[1:04:33] it with you and it is often you
[1:04:36] get a chance to praise a city
[1:04:37] employee like that.
[1:04:37] >> so I'm taking the
[1:04:39] opportunity and I'm very
[1:04:43] grateful for the people who
[1:04:44] have met with me in the past
[1:04:45] couple of weeks.
[1:04:45] Mark billing's and stephanie
[1:04:48] ford had a chance to meet with
[1:04:51] them and it's also helpful to
[1:04:51] me to gain new knowledge and I
[1:04:54] really appreciate it and I want
[1:04:55] to thank them for helping out
[1:04:58] that the golf club at venetian
[1:05:02] bay once a year hosts a very,
[1:05:03] very interesting organization,
[1:05:06] the american golfers
[1:05:07] association.
[1:05:10] There are several participants
[1:05:15] all playing golf with you and
[1:05:18] your boys and girls and it is
[1:05:19] an opportunity to see these
[1:05:22] people play golf because most
[1:05:23] of them play better than people
[1:05:25] with tormes.
[1:05:26] I mean it is absolutely amazing
[1:05:30] and this organization out
[1:05:31] of the world and for them to
[1:05:34] select the city of smyrna beach
[1:05:37] and venetian bay as a venue is
[1:05:41] an honor and it just so happens
[1:05:42] that one of the members of that
[1:05:45] organization lives here in new
[1:05:45] smyrna beach.
[1:05:46] His name is james and I want to
[1:05:49] give a shout out to jackie for
[1:05:52] spreading the participation
[1:05:53] of a course here in new smyrna
[1:05:57] beach, venetian bay club then
[1:06:01] came out and kind of kicked off
[1:06:01] the tournament with a speech
[1:06:04] not long just a couple
[1:06:05] of hundred comments and the
[1:06:08] guys really, really appreciated
[1:06:09] us being in charge
[1:06:12] of supporting them.
[1:06:13] So I wanted to thank them for
[1:06:17] doing that and that's a great
[1:06:19] MISS Usa and I take my golf
[1:06:20] game in so that I'm sure every
[1:06:21] single one of those one of our
[1:06:21] people can beat me.
[1:06:23] No problem.
[1:06:27] Ok, so we had images this past
[1:06:31] weekend and I can't say enough
[1:06:34] about what and what a fantastic
[1:06:35] contribution or asset images is
[1:06:36] to our community.
[1:06:39] We had amazing warm weather.
[1:06:43] >> that town was packed images
[1:06:43] was highly successful as always
[1:06:46] in the economic benefit that it
[1:06:50] brings to this community I
[1:06:56] cannot overstate so I love
[1:07:01] the
[1:07:01] aca.
[1:07:02] i love our relationship with
[1:07:03] the aca and images just
[1:07:04] continues to just do an amazing
[1:07:04] thing in our community.
[1:07:06] >> the mlk walk my apologies.
[1:07:07] I was not able to make it this
[1:07:09] year but I look forward to it
[1:07:13] next year moving on to city
[1:07:16] courts report nothing else at
[1:07:17] this time.
[1:07:17] Thank you.
[1:07:21] Ok, city attorney um yeah I
[1:07:21] just was going to highlight
[1:07:24] three different bills and kind
[1:07:25] of follow up on what
[1:07:26] commissioner martin was saying
[1:07:28] regarding um zoning running
[1:07:31] with the land um so in my
[1:07:32] report there's several bills
[1:07:36] the ones that are kind
[1:07:36] of topical right now either
[1:07:37] because they've come up in
[1:07:40] conversation or one from last
[1:07:40] year.
[1:07:43] I know commissioner pareene had
[1:07:44] worked on the sovereign
[1:07:44] immunity caps the proposal this
[1:07:48] year is to go from two hundred
[1:07:51] thousand per person three
[1:07:52] hundred thousand per incident,
[1:07:52] change those to five hundred
[1:07:55] thousand per person one million
[1:07:59] per incident as well as staging
[1:08:00] an increase for twenty thirty
[1:08:00] one where the five hundred will
[1:08:03] go to sachs hundred the million
[1:08:04] would go to one point two
[1:08:04] million.
[1:08:07] Um they also would change it
[1:08:07] right now if you need to exceed
[1:08:11] those limits in order to settle
[1:08:11] like a personal injury claim
[1:08:14] you think of like loss of life
[1:08:15] ,that type of claim you
[1:08:16] normally have to go to the
[1:08:18] legislature to get a claims
[1:08:19] bill but under this proposed
[1:08:22] legislation it would allow
[1:08:23] local government to settle that
[1:08:24] claim without going through the
[1:08:25] legislature.
[1:08:29] >> um, the other popular common
[1:08:30] household talk would be
[1:08:34] regarding senate bill one
[1:08:37] eighty the fix under sb 840
[1:08:38] there's a senate bill and
[1:08:39] there's a house bill companion.
[1:08:41] The senate bill is actually
[1:08:42] pretty good.
[1:08:46] Um, the only issue that I would
[1:08:46] like but we're grateful to get
[1:08:49] what we could get would be to
[1:08:50] shorten that retroactive
[1:08:53] provision that went back to
[1:08:54] eight one twenty four and try
[1:08:54] to push it up to when they
[1:08:57] actually adopted.
[1:08:58] But generally it fixes most
[1:09:01] of the issues that were raised.
[1:09:05] >> the house bill is not does
[1:09:05] not address things like eight
[1:09:08] forty does so we really prefer
[1:09:09] the senate bill version.
[1:09:10] And finally another one was
[1:09:12] regarding building permits.
[1:09:16] So there's proposed legislation
[1:09:16] senate bill nine sixty eight
[1:09:19] house bill ten forty nine where
[1:09:20] it would provide an exemption
[1:09:21] from getting a building permit
[1:09:28] for generators.
[1:09:29] >> um so you could still
[1:09:32] inspect those generator
[1:09:33] installations to make sure they
[1:09:35] comply with the florida
[1:09:36] building code or the fire
[1:09:37] prevention code.
[1:09:37] But we couldn't require a
[1:09:40] permit.
[1:09:41] It also provides for no permits
[1:09:43] required for work under seventy
[1:09:44] five hundred dollars.
[1:09:47] But caveats for electrical
[1:09:47] plumbing or structural
[1:09:48] structural work.
[1:09:48] But it would remove the
[1:09:51] requirement for permits for
[1:09:52] outside doors and exterior
[1:09:55] windows that's on single family
[1:09:55] homes.
[1:09:56] >> and then finally just going
[1:09:59] back to you know, land use
[1:10:00] decisions run with the land.
[1:10:01] The purpose of that is so we're
[1:10:02] not making discriminatory land
[1:10:03] use decisions.
[1:10:04] So for example, if you think
[1:10:07] about a bank, if a bank is
[1:10:07] permitted use in that zoning
[1:10:10] district, it doesn't matter
[1:10:11] whether it's bank of america,
[1:10:14] wells fargo or any other
[1:10:15] financial institution, you're
[1:10:16] looking at the use of the land
[1:10:18] so my concern is we should not
[1:10:19] be making that general practice
[1:10:22] to tie it to the owner because
[1:10:23] you can get into trouble that
[1:10:23] way.
[1:10:25] This particular application the
[1:10:26] applicant must have agreed to
[1:10:27] that condition.
[1:10:30] Um, you in these land use
[1:10:30] decisions are there different
[1:10:33] than a sidewalk cafe license
[1:10:34] where they're getting
[1:10:35] permission to use our property?
[1:10:37] Those can be personal to the
[1:10:38] applicant and have to be
[1:10:41] renewed so that's all.
[1:10:42] >> thank you.
[1:10:42] Thank you.
[1:10:44] City attorney city manager.
[1:10:45] Any comment?
[1:10:45] Nothing, sir.
[1:10:47] Ok with that done a meeting is
[1:10:53] adjourned
[1:10:56] .