Planning & Zoning Board

1. CALL TO ORDER A. Roll Call 2. APPROVAL OF MINUTES 2.A Consider the Approval of the Planning and Zoning Board November 3, 2025 Regular Meeting Minutes. 3. PUBLIC PARTICIPATION 4. OLD BUSINESS 4.A ZT-10-25 Subdivision Plat Process 5. NEW BUSINESS 5.A A-0010-2025: Review and give a recommendation to the City Commission on an overall annexation application for property located on Paige Avenue. 5.B A-0011-2025: Review and give a recommendation to the City Commission on an overall annexation application for property located on Paige Avenue. 5.C Special Exception 2-25: 707 Cheston Street, request to allow an attached Planning & Zoning Board Monday, December 1, 2025 at 5:30 PM City Commission Chambers 214 Sams Avenue, New Smyrna Beach, Florida 32168 The City of New Smyrna Beach December 1, 2025 1

dwelling unit to a principle commercial structure in the I-1, Light Industrial, zoning district NEED TO UPDATE W P&Z results 5.D A-0012-2025: Review and give a recommendation to the City Commission on an overall annexation application for property located on Paige Avenue. 5.E A-0013-2025: Review and give a recommendation to the City Commission on an overall annexation application for property located on Oliver Drive. 5.F Z-0004-2025: Review and give a recommendation to the City Commission on a proposed partial rezoning application for property located at 1701 South Dixie Freeway. 5.G Review and approval of the 2026 Meeting Schedule for Planning and Zoning Board 5.H Nominate and vote on 2026 Planning and Zoning Board Chair 6. COMMENTS OR STATEMENTS BY MEMBERS OF THE BOARD 7. REPORTS AND COMMUNICATION BY THE STAFF 8. ADJOURNMENT Pursuant to Florida Statutes 286.0105, if an individual decides to appeal any decision made by the board, agency or commission of the City of New Smyrna Beach with respect to any matter considered at this meeting, a record of the proceedings will be required and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Such person must provide a method for recording the proceedings. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk’s office in person or by mail at 210 Sams Avenue, New Smyrna Beach, Florida 32168, (386) 410-2630, prior to the meeting. The City of New Smyrna Beach December 1, 2025 2

THE CITY OF NEW SMYRNA BEACH - PLANNING DEPARTMENT CONSIDER THE APPROVAL OF THE PLANNING AND ZONING BOARD NOVEMBER 3, 2025 REGULAR MEETING MINUTES. December 1, 2025 Background: Florida Statutes require that minutes be prepared and approved for all meetings of the Planning and Zoning Board. Findings: Staff recommends the Planning and Zoning Board approve the minutes of the regular Planning and Zoning Board meeting held on November 3, 2025 Regular Meeting Minutes. Fiscal Analysis: N/A Strategic Plan Item: No Staff Report Created By: Stephanie Ferrara - Development Services Coordinator Attachments: FULL MEETING MINUTES.pdf 3

Planning and Zoning Regular Meeting Monday, November 3, 2025, at 5:30 PM MINUTES The City of New Smyrna Beach Page 1 1. CALL TO ORDER Having been duly advertised as required by law, the regular meeting of the Planning and Zoning Board of the City of New Smyrna Beach, Florida, was held on Monday, November 3, 2025, at the City Commission Chambers, 214 Sams Avenue, New Smyrna Beach, Florida 32168. Larry Wheatcraft called the meeting to order at 5:30 PM. Roll Call Attendee Name Title Status Arrived Jesse Thompson Non-Member Present 5:30 PM Deb Denys Member Present 5:30 PM David McKenna Member Present 5:30 PM John Causey Member Present 5:30 PM Thomas Bien Member Present 5:30 PM Jon Hall Member Present 5:30 PM Stephen Yates Vice-Chair Absent -------- Larry Wheatcraft Chair Present 5:30 PM Also present were Shane Corbin, Director of Development Services, Stephanie Doster, Planning Manager, City Assistant Attorney Grant Day, and Board Secretary Stephanie Ferrara. Chair Wheatcraft asked City Staff if there were any changes to the agenda. Stephanie Doster stated that the Staff would like to continue agenda item 5.C: ZT-10-25: Subdivision Plat Process to the December meeting and move 5.B CPA-07-25: 1300 S. Atlantic Avenue to 5.A. The Planning Board members had no objections to the request. Stephanie Doster, Planning Manager, welcomed the two new board members, Deb Denys and David McKenna. 4

PLANNING AND ZONING BOARD November 3, 2025 The City of New Smyrna Beach Page 2 2. APPROVAL OF MINUTES 2.A Consider the Approval of the minutes from the Planning and Zoning Board regular meeting held on October 6, 2025. Chair Wheatcraft asked the Board if they had any additional questions or comments. Motion: Member Denys moved to approve the minutes of the Planning and Zoning Board regular meeting held on Monday, October 6, 2025, as submitted. Member Hall seconded the motion, and the motion carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Denys SECONDER: Hall AYES: Denys, Mckenna, Causey, Bien, Hall, Wheatcraft 3. PUBLIC PARTICIPATION None. 4. OLD BUSINESS None. 5. NEW BUSINESS 5.A CPA-07-25: 1300 S. Atlantic Ave - Review and give recommendation to the City Commission on a proposed Small Scale Comprehensive Plan amendment changing the Future Land Use designation from Commercial to Medium Density Residential on approximately 1.01 acres located at 1300 S. Atlantic Avenue. Shane Corbin, Director of Development Services, outlined the Applicant’s request to amend the City’s Comprehensive Plan, changing the Future Land Use designation from commercial to Medium Density Residential. 5

PLANNING AND ZONING BOARD November 3, 2025 The City of New Smyrna Beach Page 3 Chair Wheatcraft asked if the applicant would like to speak. Michael J. Woods, Esq, Cobb Cole, 231 N. Woodland Boulevard, DeLand, FL. 32720, representing the Applicant, presented a proposal to rezone a one-acre parcel from commercial to single-family residential, emphasizing a significant reduction in density and intensity compared to a prior commercial project that faced strong community opposition. He stated that the property has been vacant for years and sits adjacent to Walgreens and across from single-family homes. His key points included compliance with current stormwater standards, reduced impervious area, unchanged height limits, and a FAR reduction from 2.0 to 0.5, which aligns with practical limitations and neighborhood character. The applicant also proposed buffering solutions for the Walgreens parcel and stressed that the project reflects community feedback, aiming to build a few single-family homes rather than commercial development. Member Bien asked whether the applicant intends to develop the homes or sell lots, and Mr. Woods stated it could be either, but the focus is on single-family lots consistent with the surrounding area. Member Mckenna asked if the applicant had reached out to residents who opposed the previous parking garage project, Mr. Woods explained they had not, noting the current proposal is significantly less intense and they expect any major concerns would surface during the process. The primary goal was to present the plan and gather feedback, especially regarding land use interpretation. Member Denys asked whether the proposed buffer solution would prevent Walgreens from becoming a non-conforming structure. Mr. Woods confirmed that with the planned adjustments, likely to include planting and property dedication, the buffer issue would be resolved, and Walgreens would no longer be non-conforming. Member Bien asked if the required 25-foot buffer for commercial properties could be reduced by adding more trees, fences, or other alternatives. Ms. Doster clarified that there is no waiver for this requirement when transitioning from commercial to residential. Mr. Woods added that they explored options like variances or additional screening but found New Smyrna Beach’s code uniquely strict, requiring a buffer deeper than typical setbacks, which creates challenges for the project. 6

PLANNING AND ZONING BOARD November 3, 2025 The City of New Smyrna Beach Page 4 Jay Pendergast, Architect for the Applicant, presented a site plan and renderings showing the potential redevelopment with single-family homes. The initial concept includes up to eight houses with garages, parking spaces, rooftop decks, and optional pools or cabanas, though buffer requirements next to Walgreens may reduce the project to six units. He emphasized that landscaping could effectively address buffering concerns and improve aesthetics. The renderings illustrate how the homes would fit the site and take advantage of views, aligning with the applicant’s goal of creating a low-intensity, neighborhood-compatible development. Chair Wheatcraft opened Public Participation. As no citizens wished to speak, Chair Wheatcraft closed Public Participation. Chair Wheatcraft asked the Board if they had any additional questions or comments. Member Denys expressed concern that the proposal conflicts with the city’s Comprehensive Plan, which aims to maintain non-residential land and promote economic health through commercial development. She noted that New Smyrna Beach is already heavily skewed toward residential uses (approximately 84% residential vs. 9.6% commercial) and argued that converting commercial property to residential undermines these goals. While acknowledging the design quality, he stated he could not support the project based on the plan’s objectives and the need to preserve commercial land for tax base and job growth. Member Bien questioned whether the commercial-versus-residential percentages included future developments like Deering Park or South Village, and staff confirmed the data reflects current tax roll properties only. Bien noted that while preserving commercial land is important, the city must adapt and has already planned for additional business space, which offsets concerns. He also emphasized that the parcel is adjacent to similarly zoned residential and, in his view, does not represent an isolated residential island within a commercial zone. Member Mckenna highlighted the tension between adhering to the Comprehensive Plan and responding to public opinion. He noted that the previous parking garage proposal aligned with the plan but was withdrawn due 7

PLANNING AND ZONING BOARD November 3, 2025 The City of New Smyrna Beach Page 5 to community opposition, despite efforts to make it visually appealing. The current proposal, while requiring a land use and zoning change, aims to be sensitive to neighbors and create an attractive single-family development. Member Mckenna acknowledged the quality of the design but stated he could not support the project under the existing Comprehensive Plan, even though he views it as a good alternative if policy changes are possible. Chair Wheatcraft emphasized the importance of preserving commercial land, referencing prior discussions during the Deering Park approval and noting that over 80% of the city’s tax base comes from residential properties. He expressed concern that rezoning from commercial to residential rarely reverses and could permanently eliminate commercial opportunities. While acknowledging the property’s long vacancy and the need for the city to evolve, he stressed the importance of diversifying the tax base and suggested that a middle-ground solutions such as mixed-use development—might be preferable, though the parcel size may limit that option. He concluded by voicing concern about losing commercial space in a high-traffic area near the county’s busiest beach access point. Member Bien asked whether the site could accommodate 12 townhouse units allowed under B2 zoning and if that option was considered. Mr. Pendergast confirmed that townhouses could be designed but would significantly increase density, explaining that the intent of the current proposal was to reduce density rather than maximize it. Member Bien noted that under existing B2 zoning, the site could accommodate up to 12 townhouse units, whereas the current proposal suggests six to eight single-family homes, calling it a “middle ground” compared to prior plans. Mr. Woods clarified that while the land use change appears to reduce commercial intensity, the practical effect is minimal because achieving the 2.0 FAR allowed under commercial zoning is unrealistic due to height and impervious area limits. He emphasized that the proposed single-family lots would still provide significant property valuation, especially given their beachside location, and argued these offset concerns about losing commercial tax base. Woods also noted that much of the Comprehensive Plan’s commercial preservation policy focuses on areas west of SR 44, making this site less critical for commercial retention. 8

PLANNING AND ZONING BOARD November 3, 2025 The City of New Smyrna Beach Page 6 Member McKenna noted that while the city’s tax base is heavily skewed toward residential, the proposed six homes could each be valued at approximately $2.5 million, generating $14–$15 million in taxable property. He suggested this substantial revenue should be considered when evaluating the impact of converting the parcel from commercial to residential use. Bobby Luther, Property Owner, compared the financial impact of the proposed single-family development to the previously considered parking garage. He stated the garage would cost about $11.5 million to build, while six homes priced between $2.8 and $3 million each would generate roughly $18 million in taxable property value, significantly increasing revenue for the city compared to the garage option. Member Hall emphasized that the property has been vacant for five years and, due to its lack of visibility off SR 44, may remain undeveloped commercially for years to come. He praised the proposed residential concept as attractive and beneficial for nearby homeowners, noting it would improve property values and eliminate an eyesore. Hall also raised concerns about traffic near the heavily used 3rd Street beach access, suggesting that a high-traffic commercial project could create safety issues. He concluded that the residential plan, with an estimated value of around $27 million, offsets tax concerns and represents a positive investment for the community. Khalid Rasheidat, representing the applicant, explained that he suggested the switch to single-family homes after the previous parking garage and mixed-use proposal faced strong opposition over traffic, stormwater, and noise concerns. He noted that the new plan addresses these issues by reducing trips from thousands to fewer than ten per day and eliminating restaurant-related noise. Mr. Rasheidat emphasized that rezoning from commercial to residential is rare but argued that no commercial project would succeed without significant neighborhood backlash. He also pointed out that the ownership group is concurrently adding 14 acres of commercial land elsewhere, offsetting this change. Motion: Member McKenna moved to recommend approval to City Commission for CPA- 07-25: 1300 S. Atlantic Ave, as submitted. Member Hall seconded the motion, and the motion carried unanimously. 9

PLANNING AND ZONING BOARD November 3, 2025 The City of New Smyrna Beach Page 7 RESULT: DENIED [VOTE 2-4] MOVER: McKenna SECONDER: Bien AYES: Bien, Hall NAYS: Denys, McKenna, Causey, Wheatcraft 5.B Z-03-25: 1300 S. Atlantic Ave - Review and give a recommendation to the City Commission on the rezoning of commercial property from B-2, Neighborhood Business District to R-3A, Single Family and Two Family (Zero Lot Line) Residential located at 1300 S Atlantic Avenue. Shane Corbin, Director of Development Services, outlined the Applicant’s request to rezone commercial property from B-2, Neighborhood Business District to R-3A, Single Family and Two Family (Zero Lot Line) Residential. Chair Wheatcraft asked if the applicant would like to speak. The applicant did not wish to speak. Chair Wheatcraft opened Public Participation. Gayla Leslie, 1306 Hill Street, stated that neighbors opposed the previous parking garage due to safety, traffic, noise, and community preservation concerns. She noted that the current plan for eight single-family homes seems positive and similar to townhouses, which are already allowed. Ms. Leslie confirmed receiving a certified notice and assumed other neighbors did as well, expressing appreciation for the communication and interest in learning more about the project, which she feels looks good so far. Richard Flanagan, a local business owner, stated that the area surrounding the proposed site is predominantly residential, despite being near the busiest beach access point. He recalled involvement in earlier efforts to develop a mixed-use parking garage project intended to ease traffic on Flagler Avenue, which faced significant opposition. Mr. Flanagan criticized the city’s current zoning as outdated and urged officials to “get it right” this time, expressing doubt that any commercial project would be approved for the site. He concluded that the proposed single-family development is the best use for the property and benefits the surrounding neighborhood. 10

PLANNING AND ZONING BOARD November 3, 2025 The City of New Smyrna Beach Page 8 Sue Trzaskus, 1300 Hill Street, said she opposed the previous commercial proposal but is not against residential development. Her main concerns are maintaining required setbacks, preventing flooding since the area currently does not flood, and ensuring proper drainage for the new homes. She also noted the heavy traffic and emergency vehicle use on the street, urging careful consideration of these impacts. Despite these concerns, she acknowledged that something needs to be built and believes the proposed plan may be the best option overall. Chair Wheatcraft closed Public Participation. Chair Wheatcraft asked the Board if they had any additional questions or comments. Motion: Member Bien moved to recommend approval to City Commission for Z-03-25: 1300 S. Atlantic Ave, as submitted. Member McKenna seconded the motion, and the motion carried unanimously. RESULT: DENIED [VOTE 3-3] MOVER: Bien SECONDER: McKenna AYES: Mckenna, Bien, Hall NAYS: Denys, Causey, Wheatcraft 5.B ZT-10-25: Subdivision Plat Process Agenda Item Continued to December 1, 2025, Planning and Zoning meeting, without objections. 6. COMMENTS OR STATEMENTS BY MEMBERS OF THE BOARD Chair Wheatcraft thanked former board members Hodges and Hulvershorn for their years of service and reminded attendees that board members serve voluntarily without pay, emphasizing their commitment to helping the community. 11

PLANNING AND ZONING BOARD November 3, 2025 The City of New Smyrna Beach Page 9 7. REPORTS AND COMMUNICATIONS BY THE STAFF 7.A Development Activity Report – Listed on the City’s Website 8. ADJOURNMENT As there was no other business to discuss, Chair Wheatcraft declared the meeting adjourned at 6:43 P.M. 12

THE CITY OF NEW SMYRNA BEACH - DEVELOPMENTAL SERVICES ZT-10-25 SUBDIVISION PLAT PROCESS December 1, 2025 Background: Under existing law (prior to SB 784), plats and replats were typically submitted to local governing bodies (city commissions/councils or board of county commissioners) for approval, after technical review by staff and other agencies. In the 2025 Legislative Session the Florida Legislature enacted SB 784 (Chapter No. 2025-164) which became effective July 1, 2025. SB 784 amends § 177.071 and § 177.111 of the Florida Statutes to require that: A plat or replat that complies with § 177.091 must be administratively approved by a designated administrative authority of the local government, and no further action by the governing body is required. The governing body must, by ordinance or resolution, designate an administrative authority (department/division or an official/employee) to receive, review and process plats/replats. Within 7 business days of receipt of a plat/replat submittal, the administrative authority must provide written notice to the applicant acknowledging receipt, identifying any missing documents/information required to process the submittal under § 177.091, and outlining the process and applicable timeframe. Unless the applicant requests an extension of time, the administrative authority must approve, approve with conditions, or deny the plat or replat within the timeframe identified in that initial written notice. The local government may not require the applicant to request a written extension of time. If the plat/replat lies wholly within the boundaries of a municipality, that municipality has exclusive jurisdiction to approve. Commonly, plats become controversial as they make their way through the public hearing process regardless of their compliance with existing code. The state decided this process was too cumbersome by creating unnecessary delays and expenses. SB 784 is 13

intended to streamline platting procedures, reduce delays, and remove unnecessary governing-body hearings for code-compliant plats. Staff has taken our existing requirements and drafted a hybrid amendment that maintains some cohesion of our current process while complying with the new regulations of SB 784. This proposed Land Development Regulation amendment has a new introductory section establishing the rules of SB 784, designates the City Manager or his/her designee as the administrative authority to approve plats and clarifies the new review/approval process. The proposed platting process is now broken down into three phases. In summary, the three phases cover the following: 1. Sketch plat (previously called a preliminary plat) - This first phase requires the minimum detail required for a property owner and staff to have initial discussions about a project before it gets into the more detailed and expensive design work. 2. Preliminary plat (previously called a final plat)- This second phase requires all of the detailed engineering required to record a plat prior to recording. New language regarding plat contracts was added to end of this section. Approval of the preliminary plat and development plans results in the issuance of a development order per state law even though a final plat has not been recorded. 3. Final plat recording - This third and final phase remains relatively unchanged from the existing text. During this phase the final documents are collected, a mylar is singed and the final plat is recorded in Volusia County clerk of court. Findings: The proposed amendment is administrative in nature and does not alter land use designations, densities, intensities, or development standards. It is consistent with the City’s Comprehensive Plan policies that call for efficient and timely review of development applications and transparent procedures. The draft has been reviewed by city staff, NSBU and should be approved to be compliant with state law. Staff recommends that the Planning & Zoning Board recommends approval to the City Commission of the proposed text amendment to update the Land Development Regulations’ subdivision/platting section to incorporate the procedural requirements of SB 784 amending the administrative authority designation, review timelines, and approval process for plats and replats. Exhibit A: 1007.00 Platting Requirements Redline Exhibit B: Senate Bill 784 Fiscal Analysis: 14

N/A Strategic Plan Item: No Staff Report Created By: Shane Corbin - Developmental Services Director Attachments: Exhibit A: 1007.00. Platting Requirements Redline Senate Bill 784 15

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 1 of 9 1007.00. Administrative Authority for Plat and Replat Approval A. Purpose and Applicability. This section shall apply to all plats and replats, whether denominated as preliminary, final, or otherwise, required pursuant to Chapter 177, Florida Statutes, or the City’s Land Development Regulations. B. Delegation of Authority (1.) The City Manager is hereby designated as the “administrative authority” for purposes of Section 177.071, Florida Statutes, as amended. (2.) The City Manager may delegate, in writing, the duties and responsibilities set forth in this section to one or more employees of the City possessing the requisite qualifications, including but not limited to the Director of Development Services or other appropriate staff or consultants. (3.) Any such designee shall have the same authority and responsibility as the City Manager to review, approve, approve with conditions, or deny plats and replats in accordance with this section. C. Review Procedure (1.) Upon receipt of an application for a plat or replat, the administrative authority shall within seven (7) business days: a. Acknowledge receipt of the application in writing to the applicant; b. Notify the applicant of any missing or incomplete required materials; and c. Provide the applicant with the expected timeframe for review and decision. The review period shall commence only when all materials in the application packet are complete. (2.) Within the stated timeframe, the administrative authority shall issue a written decision to approve, approve with conditions (required corrections or modifications), or deny the application. (3.) Any denial shall state with specificity the requirements of law, regulation, or technical standard not met by the application. D. Extensions. The review timeframe may be extended only upon written request by the applicant or by declaration of a natural disaster by the Governor. No extension shall be required by the City as a condition of review. E. Conformity with Law. All plats and replats shall conform to the requirements of Chapter 177, Florida Statutes, the City’s Land Development Regulations, and any other applicable laws. F. Effect of Approval. Administrative approval of a plat or replat under this section shall constitute final City action for purposes of Chapter 177, Florida Statutes, without the necessity of review or approval by the Planning and Zoning Board or the City Commission, except where otherwise required by law. 16

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 2 of 9 1007.0001. Plat requirements. A. Survey accuracy. The allowable angular and linear error of closure for subdivision surveys shall be as follows: (1) Angular error of closure shall not exceed 15 seconds times the square root of the number of angles turned. Total angular error shall be no greater than 40 seconds. (2) Linear error of closure shall not exceed one foot per 10,000 feet (1:10,000 feet). B. Monumentation. The developer shall cause a professional land surveyor and mapper to install monuments based on the requirements of F.S. ch. 177. The professional land surveyor and mapper shall establish the elevation in feet above National Vertical GeodeticNorth American Vertical Datum of 1988 (N.V.G.D.)(NAVD 88) for at least two permanent reference monuments in the subdivision and show such information on the plat. C. Lot and block layout. All lots shall be designed to meet the minimum dimensional requirements of their zoning district or any controlling master development agreement (MDA). The following additional criteria shall be considered in the layout of proposed subdivisions: (1) Maximum block length shall be 1,400 feet, unless longer blocks are required due to environmental or topographic limitations. (2) Blocks designed for non-residential uses should provide sufficient length and width to prevent adverse traffic impacts, while allowing adequate service areas and parking without requiring excessive points of entry on abutting streets. (3) Lots within non-residential blocks shall require a common vehicular access easement dedicated to the use, maintenance and benefit of all lots within the block. Alternatively, a lower functional classified side street may be used to provide access to the lot. (4) All lots shall front on a public or private street. (5) Where a residential subdivision abuts or includes an arterial or major collector road, streets and blocks shall be designed so that no lot requires access from the arterial or major collector road. (6) Double frontage lots are to be avoided. However, where double frontage lots are used to meet this requirement, the lot must be 20 percent deeper than the average lot depth of any adjoining lots. All double frontage lots shall contain one of the following: a. A decorative masonry wall; or b. A 15-foot landscaped buffer area. If a buffer area is used, this area must be placed in a conservation easement that is dedicated to the homeowners association or the controlling maintenance entity per the recorded MDA. (7) Access to a double frontage lot shall be from a local or minor collector road only as established by the comprehensive plan. (8) All corner lots shall be 15 percent wider than the minimum width required by this Codethese land development regulations. (9) Lots fronting on a cul-de-sac shall have a minimum width at the right-of-way line of not less than 30 feet measured at the chord of the arc. (10) Side lot lines shall be perpendicular or radial to street right-of-way lines except where physical lot features make such orientation impractical. 17

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 3 of 9 D. Easements and miscellaneous dedications. The following minimum number and size of easements and dedications shall be reflected on the plat drawing. Larger easements may be specifically required based on the size, depth, or special maintenance requirements of a facility. All easements or dedications shall be graphically depicted unless otherwise noted. (1) Drainage facilities. A drainage easement shall be granted to the city where a proposed subdivision is traversed by any existing or proposed watercourse, canal, ditch, storm sewer, or other drainage way. Minimum size shall be as follows: a. Lake or retention areas shall be covered by an easement extending to ten feet beyond the top of bank. b. Canals, water courses, drainage ways, channels or streams shall be covered by an easement extending to 20 feet beyond the top of bank on one side, and 20 feet beyond the top of bank on the other side, if needed. c. Swales, or any other facility up to two 22greater than two feet deep and with side slopes no greater than 4:1 shall be covered by an easement extending to the top of bank. d. Storm sewer lines shall be covered by an easement of no less than 20 feet, centered on the centerline of the pipe. e. The city may require the dedication of a drainage right-of-way over major facilities providing area-wide drainage. (2) Utilities. A utility easement shall be granted to the utilities commissionNew Smyrna Beach Utilities (NSBU) wherever a proposed utility line or other facility is planned or located on or adjacent to any property not otherwise dedicated to or owned by the utilities commissionNSBU. Such easements shall be 20 feet in width and centered on the centerline of the pipe; with reasonable justification, the utilities commissionNSBU may reduce the easement to less than 20 feet in width or may request up to an additional five feet in width, if necessary. (3) Vehicular access control easements. A one-foot wide vehicular access control easement, precluding the construction of any accessway to the property from the adjoining street, shall be granted to the city parallel to the right-of-way line as follows: a. On all double frontage (through) lots adjacent to the arterial or collector road, along the rear or non-local road frontage. b. On all corner lots adjacent to an arterial or collector road, along the non-local road frontage. c. Along any other lot frontage where access must be restricted due to visibility restrictions or other traffic engineering considerations. (4) Conservation easements. Conservation easements shall be granted to the city or other appropriate governmental agency as follows: a. Over all required tree preservation areas. b. Around all individual specimen trees required to be preserved. c. Over all wetlands, wetland buffers and wetland mitigation areas. (Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 50-18, § 3(Exh. C), 9-25-2018) 18

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 4 of 9 1008.00. Preliminary Sketch plat and plan approval. A preliminary sketch plat must be reviewed and approved prior to the review and approval of development plans.preliminary plat. The requirement for approval of a preliminary sketch plat may be waived by the administrative official authority when the proposal is determined to be minor in review or consistent with the conceptual plan exhibit of a PUD master development agreement. A preliminary sketch plat approval does not convey any rights of a development order, and does not result in any reservation of capacity for concurrency management purposes. A. Pre-application conference. Prior to filing for preliminary sketch plat and plan approval, the developer or the developer's representative must meet with city technical review staff in order to discuss potential issues regarding the proposed subdivision. Comments made at the pre-application meeting are advisory and intended to provide guidance and are non-binding on the formal review of the preliminary plat and plans. B. Application. Application for preliminary sketch plat and plans approval shall be made to the planning and engineering department utilizing the form provided by the department for that purpose, and accompanied by the appropriate review fee as adopted by resolution of the city commission. Initial applications shall be accompanied by the required number of signed and sealed plat and development plans by professional land surveyors, including electronic copies, as determined by the administrative official. (1) Review of application materials. Within three working days of the receipt of an application, the department shall determine whether the application is complete. Incomplete applications shall be returned to the applicant with the deficiencies noted in writing. Re-application shall be accompanied by a re-application fee as adopted by resolution of the city commission. (2) Initiation of development review. When an application is determined to be complete, it shall be scheduled in accordance with the adopted submittal deadline calendar for the corresponding city technical review staff meeting and the applicant shall be so notified. All application packages must be submitted by noon on the deadline date in order to be scheduled for the next available city technical review staff meeting. C. Preliminary Sketch plat and plans and exhibits. The following information shall be shown on or enclosed with the preliminary plat and plans submitted for approval unless specifically waived by the city technical review staff member responsible for review of that item. The preliminary sketch plat itself shall be drawn at a scale of no smaller than 1" = 100'. (1) Subdivision name, date, north arrow, and the property's legal description, boundary dimensions and area in acres. (2) Name and address of owner, surveyor, engineer, and any other professional consultants involved with the generation of the plan information. If the property is owned by a corporation or company, the name and address of its president and secretary, and state of incorporation shall be given. (3) A vicinity map drawn to scale, showing the project boundary, the zoning of the area, and the relationship of the proposed subdivision to surrounding development. (4) Proposed streets, common areas, drainage areas, conservation areas, lot lines, and their dimensions. (5) Proposed street names and lot numbers. 19

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 5 of 9 (7) Existing topography using one-foot contours, and delineation of flood insurance rate map flood zones. (9) All existing buildings, utilities, roads, easements or other improvements on the property, and all roads and lot lines within 150 feet of the property boundary. (10) A soils report including one percolation test per ten acres with one or more eight-foot deep soil boring at each percolation test site. (1110) Proposed utilities layout. (12) A tree survey in compliance with Article VI of this code. (13) One copy of the computer disk(s) depicting the proposed subdivision layout, including the streets and lots, for projects prepared on an appropriate computer-aided drafting (CAD) system. (14) A boundary survey certified to the city. (15) An opinion of title issued to the city. (1611) If zoned PUD, provide the required number of copies of any/all PUD Master Development Agreement (MDA) and Amendment(s) concerning the proposed development, as determined by the administrative official. D. Review process. (1) Plan review by city technical review staff. a. All applications shall be reviewed by city technical review staff and written staff comments shall be delivered and discussed at a regularly scheduled city technical review staff meeting. b. Plans must be resubmitted in response to city technical review staff comments no later than 180 days after the original review. c. Following resubmittal, city technical review staff shall have 20 working days to review and approve the revised plat and plans or provide the administrative official with a list of outstanding comments. (2) Failure to provide timely plan resubmission. Failure to meet any of the resubmission deadlines cited above shall require the applicant to pay late fees or file a new application, including the appropriate review fees, whichever is deemed applicable by the administrative official. (3) Extension of resubmittal deadlines. The administrative official may extend the resubmission deadlines cited above when warranted by unforeseeable events. A request for extension must be filed in writing with the planning and engineering department explaining the circumstances justifying the extension and include a resubmittal extension fee as adopted by resolution of the city commission. (4) Expiration. Preliminary plat and plan approval shall expire two years after approval or conditional approval unless an application for final plat approval is submitted. (Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 19-18, § 1, 3-13-2018; Ord. No. 104-20, § 1, 12-8-2020) 1009.0100. Final Preliminary plat and development plan approval. Approval of the final preliminary plat and development plans results in the issuance of a development order. 20

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 6 of 9 A. Pre-application conference. Prior to filing for development plan approval, the developer or the developer's representative shall meet with the city technical review staff in order to verify the steps necessary for application and review, and discuss potential issues regarding the development proposal. Comments made at the pre-application conference are intended to provide guidance and are nonbinding on the formal review of the development plans. B. Application for development plan approval. Application for development plan approval shall be made to the planning and engineering department utilizing the form provided by the department for that purpose, and accompanied by the appropriate review fee. Application shall be accompanied by the required number of signed and sealed plat and development plans, including electronic copies, as determined by the administrative official. Plans shall be signed and sealed by a registered engineer, or architect, or landscape architect, wherearchitect where required by this Code. Plans shall be prepared according to the standards of this Code. (1) Review of application materials. Within three working days of the receipt of an application, the department shall determine whether the application is complete. Incomplete applications shall be returned to the applicant with the deficiencies noted in writing. Re-application shall be accompanied by a re-application fee as adopted by resolution of the city commission. (2) Initiation of development review. When an application is determined to be complete it shall be scheduled in accordance with the adopted submittal deadline calendar for the corresponding city technical review staff meeting, and the applicant shall be so notified. All application packages must be submitted by noon on the deadline date in order to be scheduled for the next available meeting. C. Subdivision plat and development plan exhibits. In addition to the information listed in section 10081009.00 of this article, the following information and documentation shall be shown on or enclosed with the subdivision plat and development plans submitted for approval. The subdivision plat and development plans shall be drawn at a scale of no smaller than 1"=100'. (1) The final preliminary plat drawing(s) drafted in compliance with F.S. ch. 177, and including certificates of approval to be signed by the mayor and attested to by the city clerk. (2) An opinion title issued to the city. (3) A boundary survey certified to the city. (4) Acreage in lots, drainage areas, common areas, streets and other uses; and the minimum lot size, average lot size and total number of lots. (5) A soils report including one percolation test per ten acres with one or more eight-foot deep soil boring at each percolation test site and at every proposed stormwater retention pond. (6) Environmental assessments showing all wetlands, delineation of wooded areas and vegetative communities, endangered/protected species reports and tree surveys showing all specimen trees, with calculations as required in Article VI of this code. (27) Engineering drawings, prepared by an engineer registered in the State of Florida, showing all required improvements, and including: a. A composite plan drawing which shows all utility and drainage lines in relationship to each other; b. Individual plan and profile sheets for all roads and sanitary sewer lines, showing manholes, inlets, and pipe crossings. Plans and profile sheets shall show sanitary lines and all other buried utilities that cross sewer lines, and any that parallel and are within ten feet of sewer lines. This includes but is not limited to potable water lines, reclaimed water lines, storm 21

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 7 of 9 drainage pipes, and storm drainage lines and inlets. Plan views shall be drawn at a scale of 1"=40' horizontal. Profiles shall be drawn at 1"=4' vertical. c. Calculations justifying the sizing of utility lines. d. A drainage basin map showing the topography and size of drainage basins and the specific flows therein. e. Drainage calculations demonstrating compliance with this Code, and justifying the size of all facilitiesrecovery, conveyance and validating the capacity of the proposed stormwater management improvements. f. The lot grading plan required under section 1004.00 of this article. (38) A construction cost estimate detailing the tabulation of quantities and costs of all proposed improvements including landscaping and irrigation signed and sealed by the engineer of record and/or landscape architect as appropriate. (49) Any and all proposed deed covenants. (510) Copies of letters notifying all franchised utilities of the size, location, and layout of the proposed subdivision. (611) Letter of approval for street names from Volusia County 9-1-1 coordinator. (712) If zoned PUD, provide the required number of copies of any/all PUD Master Development Agreement (MDA) and Amendment(s) concerning the proposed development, as determined by the administrative official. D. Review process. (1) Plan review by the city technical review staff. a. All applications shall be reviewed by city technical review staff. Written technical review staff comments shall be delivered to the applicant and discussed at a regularly scheduled city technical review staff meeting. b. Plans must be resubmitted in response to city technical review staff comments no later than 180 days after delivery of the original written technical review staff comments. c. Following resubmittal, city technical review staff shall have 20 working days to review and approve the revised plat and plans or provide the administrative official with a list of outstanding comments. (2) Planning and zoning board review. Only projects with five or fewer outstanding technical and procedural city technical review staff comments shall be submitted by the department to the planning and zoning board for consideration, unless waived by the planning and zoning board. a. Planning and zoning board action. The planning and zoning board shall consider the final plat and plans at a regularly scheduled meeting and determine if they meet the requirements of this Code. The applicant or authorized agent shall be present at the consideration by the planning and zoning board. Upon consideration of the comments of the city technical review staff and the public, the board shall take one of the following actions: 1. Continue consideration of the project to the next regularly scheduled meeting to allow for the resolution of outstanding issues. 2. Recommend disapproval of the proposed final plat and plans. 3. Recommend approval of the proposed final plat and plans. 4. Recommend approval of the proposed final plat and plans with conditions. 22

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 8 of 9 (3) Final document submittals for city commission review. a. Following the planning and zoning board meeting, the applicant shall submit any revisions of the final plat and development plans, addressing any outstanding city technical review staff comments, in order to be heard by the city commission. b. If the plat is to be recorded prior to the completion of improvements, an improvement guarantee must be included for city commission review. All agreements and guarantees shall be on forms acceptable to the city engineer and city attorney. The guarantee shall be in the amount of 115 percent of the construction costs as estimated by the developer and confirmed or adjusted by the city. (4) City commission approval. The city commission shall consider the final plat and development plans at a regularly scheduled meeting, and determine if they meet the requirements of this Code. Upon consideration of the comments of the department and public, and the recommendation of the planning and zoning board, the city commission shall take one of the following actions: a. Table or continue the consideration of the proposed development plan to allow for resolution of outstanding issues. b. Deny the proposed final plat and development plans. c. Approve the final plat and development plans. d. Approve the final plat and development plans with conditions. Revised plans and/or reflecting conditions of city commission approval shall be submitted to the planning and engineering department within 60 days of that approval. Plans and/or documents shall be reviewed by the department within ten working days of resubmittal to determine compliance with those conditions. e. Refer the proposed development plan back to the planning and zoning board for further review and recommendation based on new or additional information or circumstances. ED. Issuance of development order. The planning and engineering department shall issue a development order within five working days of unconditional city commission approval, or verification that city commission conditions for approval have been met. F. Failure to provide timely plan resubmission. Failure to meet any of the resubmission deadlines cited above shall require applicant to pay late fees or file a new application, including the appropriate review fees, whichever is deemed applicable by the administrative official. G. Extension of resubmittal deadlines. The administrative official may extend the deadlines cited above when warranted by unforeseeable events. A request for extension must be filed in writing with the planning and engineering department accompanied by the appropriate fee explaining the circumstances justifying the extension. HE. Expiration. Failure to install all required improvements and record the final plat within two years of the date of city commission approval shall result in the final preliminary plat approval being revoked. (Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 19-18, § 1, 3-13-2018; Ord. No. 104-20, § 1, 12-8-2020) 1009.0201. Final plat recording. A. The following information must be provided prior to the recording of the final plat: (1) A letter from the surveyor verifying that all survey monumentation required by this code is in place; (2) Evidence of a third party review and approval in conformity with Chapter 177 of Florida Statutes shall be placed on the face of the plat; 23

Created: 2024-08-01 09:42:41 [EST] (Supp. No. 47) Page 9 of 9 (23) A title opinion or property information report, in a format acceptable to the city attorney, dated not more than 30 days prior to the proposed date for plat recording; (34) A copy of the articles of incorporation for the property owner's association responsible for maintenance of common facilities; (45) One mylar copy of the final plat, executed by the owner(s), surveyor of record, and other entities associated with the developer; and (56) Electronic copies of the final plat and all supporting documents. B. Recorded plat. Upon receipt of all documents listed above, the mayor, city attorney, and city clerk shall sign the mylar copy of the final plat. The signed mylar will be returned to the developer for recording with the Volusia County clerk of court. Developer shall record the plat within 30 days of receiving the signed mylars from the city. Recording shall be done at the developer's expense. Developer shall provide the city with an electronic copy of the recorded plat. (Ord. No. 104-20, § 1, 12-8-2020) 24

ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. 1 An act relating to platting; amending s. 177.071,2 F.S.; requiring that certain plat or replat submittals3 be administratively approved with no further action by4 certain entities under certain circumstances;5 requiring the governing body of such county or6 municipality to designate an administrative authority7 to receive, review, and process plat or replat8 submittals; providing requirements for such9 designation; defining the term “administrative10 authority”; requiring the administrative authority to11 submit a certain notice to an applicant; providing12 requirements for such notice; requiring the13 administrative authority to approve, approve with14 conditions, or deny a plat or replat submittal in15 accordance with the timeframe in the initial written16 notice to the applicant; requiring the administrative17 authority to notify the applicant in writing if it18 declines to approve a plat or replat submittal;19 requiring that the written notification contain the20 reasons for denial and other information; prohibiting21 the administrative authority or other official,22 employee, agent, or designee from requesting or23 requiring that the applicant request an extension of24 time; amending s. 177.111, F.S.; conforming provisions25 to changes made by the act; providing an effective26 date.27 28 Be It Enacted by the Legislature of the State of Florida:29 25

ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. 30 Section 1. Section 177.071, Florida Statutes, is amended to31 read:32 177.071 Administrative approval of plats plat by designated33 county or municipal official governing bodies.—34 (1)(a) A plat or replat submitted under this part must be35 administratively approved and no further action or approval by36 the governing body of a county or municipality is required if37 the plat or replat complies with the requirements of s. 177.091.38 The governing body of the county or municipality shall39 designate, by ordinance or resolution, an administrative40 authority to receive, review, and process the plat or replat41 submittal, including designating an administrative official42 responsible for approving, approving with conditions, or denying43 the proposed plat or replat.44 (b) As used in this section, the term “administrative45 authority” means a department, division, or other agency of the46 county or municipality. For purposes of issuing a final47 administrative approval of a plat or replat submittal, the term48 also includes an administrative officer or employee designated49 by the governing body of a county or municipality, including but50 not limited to, a county administrator or manager, a city51 manager, a deputy county administrator or manager, a deputy city52 manager, an assistant county administrator or manager, an53 assistant city manager, or other high-ranking county or city54 department or division director with direct or indirect55 oversight responsibility for the county’s or municipality’s land56 development, housing, utilities, or public works programs.57 (2) Within 7 business days after receipt of a plat or58 26

ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. replat submittal, the administrative authority shall provide59 written notice to the applicant acknowledging receipt of the60 plat or replat submittal and identifying any missing documents61 or information necessary to process the plat or replat submittal62 for compliance with s. 177.091. The written notice must also63 provide information regarding the plat or replat approval64 process, including requirements regarding the completeness of65 the process and applicable timeframes for reviewing, approving,66 and otherwise processing the plat or replat submittal.67 (3) Unless the applicant requests an extension of time, the68 administrative authority shall approve, approve with conditions,69 or deny the plat or replat submittal within the timeframe70 identified in the written notice provided to the applicant under71 subsection (2). If the administrative authority does not approve72 the plat or replat, it must notify the applicant in writing of73 the reasons for declining to approve the submittal. The written74 notice must identify all areas of noncompliance and include75 specific citations to each requirement the plat or replat76 submittal fails to meet. The administrative authority, or an77 official, an employee, an agent, or a designee of the governing78 body, may not request or require the applicant to file a written79 extension of time.80 (4)(1) Before a plat or replat is offered for recording, it81 must be administratively approved as required by this section by82 the appropriate governing body, and evidence of such approval83 must be placed on the plat or replat. If not approved, the84 governing body must return the plat or replat to the85 professional surveyor and mapper or the legal entity offering86 the plat or replat for recordation. For the purposes of this87 27

ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. part:88 (a) When the plat or replat to be submitted for approval is89 located wholly within the boundaries of a municipality, the90 governing body of the municipality has exclusive jurisdiction to91 approve the plat or replat.92 (b) When a plat or replat lies wholly within the93 unincorporated areas of a county, the governing body of the94 county has exclusive jurisdiction to approve the plat or replat.95 (c) When a plat or replat lies within the boundaries of96 more than one county, municipality, or both governing body, two97 plats or replats must be prepared and each county or98 municipality governing body has exclusive jurisdiction to99 approve the plat or replat within its boundaries, unless each100 county or municipality with jurisdiction over the plat or replat101 agrees the governing bodies having said jurisdiction agree that102 one plat is mutually acceptable.103 (5)(2) Any provision in a county charter, or in an104 ordinance of any charter county or consolidated government105 chartered under s. 6(e), Art. VIII of the State Constitution,106 which provision is inconsistent with anything contained in this107 section shall prevail in such charter county or consolidated108 government to the extent of any such inconsistency.109 Section 2. Section 177.111, Florida Statutes, is amended to110 read:111 177.111 Instructions for filing plats plat.—After the112 approval by the appropriate administrative authority governing113 body required by s. 177.071, the plat or replat must shall be114 recorded by the circuit court clerk or other recording officer115 upon submission thereto of such approved plat or replat. The116 28

ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. circuit court clerk or other recording officer shall maintain in117 his or her office a book of the proper size for such papers so118 that they will shall not be folded, to be kept in the vault. A119 print or photographic copy must be filed in a similar book and120 kept in his or her office for the use of the public. The clerk121 shall make available to the public a full size copy of the122 record plat or replat at a reasonable fee.123 Section 3. This act shall take effect July 1, 2025.124 29

THE CITY OF NEW SMYRNA BEACH - PLANNING DEPARTMENT A-0010-2025: REVIEW AND GIVE A RECOMMENDATION TO THE CITY COMMISSION ON AN OVERALL ANNEXATION APPLICATION FOR PROPERTY LOCATED ON PAIGE AVENUE. December 1, 2025 Background: Applicant: Kevin Cowper, City Manager, 210 Sams Avenue, New Smyrna Beach, Florid 32168 Property Owner: City of New Smyrna Beach, 210 Sams Avenue, New Smyrna Beach, Florida, 32168 Request: Voluntary annexation, Small-Scale Comprehensive Plan amendment, and rezoning: From: Volusia County Future Land Use (FLU) categories of Environmental Systems Corridor and Urban Medium Intensity and Volusia County zoning designations of RC, Resource Corridor and R-4, Urban Single Family Residential with a “A” attached for Airport Height Notification Zone. To: City FLU category of Conservation and City zoning designation of Conservation with a “A” attached for Airport Height Notification Zone. Site Information: Size: 15.2 + acres Location: South side of Paige Avenue, east of Trophy Hunter Trail. Tax I.D. Number: 7343-06-00-0880 Findings: On April 23, 2013, the City Commission adopted an Interlocal Service Boundary Agreement (ISBA). The ISBA, which is permitted under Chapter 171, Part II, Florida Statutes, allows the City of New Smyrna Beach to annex any parcels that are within the designated annexation area, even if they are not contiguous to the current municipal boundaries. The agreement, which is between the County of Volusia and the City of new Smyrna Beach, was also approved by the County on May 2, 2013. A new updated agreement was approved on May 2, 2022. 30

The subject property is within the annexation area designated in the ISBA. The subject property on Paige Avenue is currently vacant. A location map is attached as Exhibit A and an aerial map is attached as Exhibit B. The existing Volusia County Future Land Use (FLU) categories and zoning designations of the subject property are shown on the following maps as Exhibits C and D. The text description of the existing Future Land Use categories for the subject property is attached as Exhibit E. The associated current zoning text descriptions for the subject property is attached as Exhibit F. Existing land uses are shown on the map attached as Exhibit G. The established City Commission policy is that when properties are annexed into the City, the City will assign futur