Planning Commission - Regular Meeting

e e the first meeting of 2025 AT&T says 829 uh oh if we can have roll call please Rick delange pre Chuck Coran here James Lily here rosan tortini Tor to I know and I'll we have the two alternates at least you didn't say torture tour torture some people do that do we have to have our state our alternates of present oh or did I not get Chris that's okay just I I want to acknowledge their presence you see okay and our alternates are present in the audience thank you Al righty so anybody had a chance to look at the minutes from last meeting and is there a motion to pass the meetings from last meeting motion to approve the meeting second right roll call sorry who was the second all right Rosanne yes

yes Mr delange yes Mr Horan yes gu to sign yes all right thank you so we have our first agenda item Quin anybody no do we need to swear anybody in for uh yes uh chair this is a quasi judicial hearing so uh before we swear everyone and I'd like to ask if there have been any expart communication so if I could I'll start down at at the end and uh yes um I received a letter stating my neighbor is looking for a variance okay thank you yeah I received that letter okay anyone else no no more okay okay so next uh because this is a qua IAL hearing we will swear everyone in who is going to give testimony including staff and anyone in the audience who intends to testify uh so if you could please raise your right hand and repeat after me I do swear to tell the truth the whole truth and nothing but the truth during these proceedings I do or I do I do sorry not repeat after me okay so you've been sworn in thank you thank you thank you yes good morning chair delange and board members gqu hin city planner for the city of Daytona Beach Shores this is a request for an outdoor dining conditional use permit which if approved will allow the mini golf course at 2504 South Atlantic to utilize six outdoor tables a counter and 38 chairs for outdoor

dining a little bit of background on the property um I stated the address already you see the parcel before you the owner applicant LTG DBS LLC is the owner David Bailey who um is the manager of a company who is a manager for LTG DBS LLC is present in the audience today the total property size is just over uh 1.3 Acres zoning District that it's in is gcrd which is The General commercial Redevelopment District future land uses tour tourist oriented commercial and as I stated it's a mini golf course at the current time has been for um almost a year just over a year the applicant submitted an outdoor dining conditional use permit application September 23rd 2024 to allow them to um to utilize outdoor dining as stated previously at The Mulligans Lagoon mini golf course this is the site location uh it is approximately 1.5 miles Northwest west or north along A1A uh from where we are at the present time about a 3 minute drive here's an aerial view and uh you'll see around it uh just north of it a motel uh east of it the Delta hotel and um and other hotels gian's Plaza is just south of it and uh there are single family res residences to the southwest of the property and to the full fully to the west of the property this is the zoning in the area this property as I stated is zoned gcrd as are the properties all along AA to the North and South with the exception

of the undone D just inside uh A1A that property is gc1 oriented or designated gc1 which is tourist oriented commercial and then all the properties along the east side of the street are utilizing either the te or the rmf1 um zoning classification this is a street view and I apologize it was a cloudy day it was much like today when I took this picture the colors pop a bit more than they did on that day so I gave you a nice pretty picture of the sign at the bottom left but this is an A1A view of this property and you can see what we're talking about today that outdoor dining use uh at the left side of the long picture this is the uh diagram of the proposed outdoor dining use prepared by the applicant who I stated is here today the gray in the middle is the existing building where they have kitchen facilities restrooms and the area where they check you in to play mini golf this area the large boxed in Orange you can see where that's located on the property by looking at that smaller aerial view it's down at the southeast corner of the property the blue circles represent three high top tables the green circles represent three low top tables there are seating there is seating around the fire pit and then there are countertop stools around the edge of the building which you can see at the northeast corner of that gray existing building rectangle of the criteria uh there are five different criteria that are part of all conditional use permits and then there are 18

criteria that are part of um only outdoor dining conditional use permits and so they have to meet both in order to be approvable this is the first set the that apply to all conditional use permits and as you can see and as you could see in the um in the packet the staff analysis and the exhibits which have been submitted for the record uh you could see that each of those individually was met and of the 18 that apply strictly to outdoor dining conditional use permits uh 17 were met and then one that dealt with with temporary stanions uh did not apply there are no temporary stanions in use or proposed to be used for this outdoor dining conditional use here is an image uh or a couple images of the outdoor dining seating as it is arranged at times the tables have had umbrellas um the owner and the manager the general manager again both of whom are here today um have had umbrellas at times at the six different tables and uh in this picture they were removed they had some advertising on them they're aware that they cannot utilize umbrellas with advertising and so they remove them and uh and have some other ideas and things that they'll do but they are aware of the requirements public notice requirements have been met for this process and the requisite staff review has been completed um today the Planning and Zoning Board recommendation is being sought and that will um proceed then the case will proceed to the city commission with your recommendation of approval or

denial um and they will ultimately approve or deny the um the application does anyone have oh I'm sorry staff is recommending approval of this conditional use permit based on the criteria all criteria having been met approval as presented is is the recommendation and does anyone have any questions I do um music are there what are the hours this is going to be open outside and what are they going to have music so that other people are going to be hearing this uh that live around there and uh you know I just wanted to know the time frame of the hours music Etc the business actually closes at 10: the owner um owners and the manager are aware that the outdoor dining use ends I'm sorry the business is open until 11: the manager and owners are aware that the outdoor dining use ends at 10 so that there shouldn't be any outdoor dining taking place after that time um in the fall I was I was surprised that there was um a test conducted with um with a um an acoustic guitar and an amp outside in the area have spoken with uh one of the owners the owner applicant in fact about that um that that is not something that is approved with this outdoor dining permit that does not approve outdoor um music of any kind like that they may have speakers I believe that they do um but they also have been um operating with those speakers going out to their the folks who play golf for the time that

they've been open which is over a year and um they're aware that the allowable decb decrease at 10 p.m. and staff has not received from a code enforcement standpoint any complaints regarding music and so have not done any kind of Investigation regarding that in in my capacity as working with our new code enforcement officer and then now that we don't have one actually conducting code enforcement um to some degree we have not received any complaints so those loudspeakers that are going to be talking to the people who are playing golf how late are people playing golf the business is open until 11: I haven't seen how many folks are being accommodated at that hour but uh but the business is open until 11: the outdoor dining use is only um usable until 10: but we have discussed music with the owner and everything we're going to we have discussed that live music is not um approved as a part of this process and that outdoor activities are are extremely limited um in you know by the codes of the city of the Tona be CH thank you any other questions I have so in the beginning when we first approve did it have outside dining and would they're just asking for greater because it seems to me since I passed by there every single day that nothing has changed that they've constructed this from the very start so was it a a a situation that they built and then they realized they needed a permit or what exactly occurred the site plan application that you would have approved and did approve did have these these elements um not necessarily pointing out individual chairs but possibly pointing

out individual chairs but did have those elements uh depicted or some of these elements depicted during the site plan approval however that was to build in a a specific way this is to use the same property in a specific way and there was some confusion about that on the part of the applicant I do believe um even when we discussed the uh the need for a conditional use permit to conduct that outdoor dining um there was still a little bit of confusion as to wait a minute it was approved on our site plan you knew we were doing this and we had to go through again that it was that was to build it that way this is for the use and conditional use permits can be sought either prior to building during the building or in this case after it's built so some sometimes people um in fact I have one uh on my desk right now for outdoor dining conditional a conditional use permit that is being sought before the fact to make sure that they can do what they want to do in the location thank you for the clarification I was a little confused but you cleared it cleared it up excellent thank you thank you any other questions and we do have again the manager and the applicant owner here if you have questions for them I'm just a little concerned about the the noise with the speakers uh they plan on playing music while while the place is open that has not been um well I've been to the property a few times to to assist with pictures um and to check for the public notice requirements having been met um there is some music being played for the golfers and as I said I believe that's been played since they opened and we haven't from a code enforcement standpoint had any complaints uh regarding the volume of the music the time that the music is being played Etc so I don't believe that they plan to do

anything differently than the way that they have been operating however they are here so that's an it's an excellent opportunity to ask them and have that clarified and just for clarification purposes we have two other put put places and they do have speakers and they do have music that you hear as you walking or biking down their area so correct as long as there's consistency consistent yes consist consistency is important and um following the the ordinances that are in place is important and um we have not at times sometimes the music will um I can think of one of those two existing mini golf places that the um the settings were cancelled out and the music was too loud and I heard about it within 24 hours and they fixed it even more promptly thank you thank you any other questions like to make one comment about that you know building when we build there's a lot of noise but after s the noise is gone so I love music okay but a lot of people might not like that they're going to have music until 10:00 at night that's all I want to say hopefully the music that they choose um to to um broadcast is more pleasant than construct sounds I I there are no guarantees because everybody is different about it but I I think that both the manager and the owner applicant being here are getting the sense that um that this is something that that they need to be aware of and need to adhere to thank you yes thank you Al righty is there any other further questions we'll move to see is there a motion for approval

I mooved to recommend approval of outdoor dining conditional use permit cup1 12024 to wait as presented a second did you get that yes I have an MR horing initiated and Mr Desi was second thank you roll call on that yes sir Mr delange yes Mr Horan yes Mr Lily yes M yes Mr yes Mr thank you very much decided that Joanna is hungry when she comes because she always turns your name [Laughter] into bring some next time thank you so we move on to the second item if I can get to that here we go comprehensive plan updated in 2045 Stuart good morning for the first time this year so does this mean steart that we're getting an updated version of this so I'll get into it in a second Happy New Year everyone um the record my name is SE Cruz service director of City Shores good morning Mr chair Madame Vice chair uh board members the item that you have before you at this moment is ordinance 25-01 which is an evaluation and appraisal report base comprehensive plan Amendment application by the city of Shores uh board members you may remember those of you who have been around for a while you may remember that the State of Florida requires every seven years for

the city to basically evaluate and appraise this comprehensive plan it's land use Constitution for development within the local government and so staff has done that and has um essentially determined that all the changes that have been made since the last um 2017 comprehensive plan amendments related to this particular statute that our comprehensive plan are consistent with those changes however there are additional changes and updates that we have to do that's required under Florida law and that's the reason why we're here today so we have conveyed this information to to the State of Florida and we're here now going through that process so what happens is after the board provides a recommendation it goes to the city commission if the city commission approves then we go ahead and transmit to both the State of Florida this is what you call a state coordinated review that means it not only goes to the state land planning agency which is now the Department of Commerce it also goes to the school uh to the Department of Education to the Florida Department Environmental Protection all these other state agencies in addition to that it also goes to our local land use uh comprehensive land use um Agency for review which is called the volucia growth management commission so the volucia growth management commission is comprised of local governments including the county um who get to review um each other's comprehensive plans to ensure that when it comes to infrastructure and development that each other's comprehensive plans are consistent and one jurisdiction is not going to put um owner us or um unfair um demands on their infrastructure and services so that's the reason why we're here today okay that's a long that's a mouthful very well said by the way oh thank you so in our evaluation we we according to Florida statute our planning Horizon has to be for the comprehensive plan has to be 10 or 20 years and so um at this point our comprehensive plan is up to 2030 we're at 2025 and so we obviously have to change that and so um staff is recommending that we extend the planet Horizon to 20145 we've also recommended

as as you'll see in your staff report several changes to not being entire comprehensive plan but all but to certain elements or chapters within the comprehensive plan and I'll go through that so whatever I talk about today and whatever you see in your actual comprehensive plan that doesn't have a strike through um or underling Remains the Same so our com our future land use maps and all the other policies that don't have an underline or a striketh through uh type um uh feature will remain the same so the first thing I mentioned is the planet Horizon will change in chapter one we're going to to uh do some minor house cleaning there are outdated numbers outdated deadlines and and texts and things to that uh uh effect and so minor house cleaning will occur in chapter one five and some of the other chapters as well but in addition to minor house cleaning in chapter one um staff is also recommending that we include off Beach parking as a permitted use in the public quazi public land use category so what that means is that um in any uh property that has a future land use classification so you have your future land use which is basically the long-term vision of the city for how properties will be used and then you have your zoning which is basically your short-term um goal of how the property is going to be used so in the comprehensive plan the future land use category of public Quai public future land use um does not include off Beach parking and we know that um you know the county has some properties around here where they want to do off Beach parking and just to to facilitate a good cultural relationship with the county and to be consistent with what they already have of here in bside that particular um land use would be added to the Future land use category which makes sense right if you have a public Quai public land use category why not have public off Beach parking allowed in that category and so that is being proposed in chapter one in chapter uh five which is our Coastal management element again they're minor house cleaning uh text amendments that are being proposed but in addition to that um staff is

recommending that we go ahead and remove outdated community redevelopment area off Beach parking reference you may have seen if you took a look um that in that that policy there is a uh the standard of five the city providing 500 off Beach parking uh spaces and so and that's tied into What's called the community redevelopment agency or the CRA the CRA is no longer in effect the city no longer has that commitment to the county and so instead of um maintaining that particular policy staff is recommending that we strike through that policy and replace with a commitment to maintain the existing of Beach parking spaces that we have and currently we have about um about 200 or so in addition to that in the coastal management element staff is is is recommending that we that we include language or text that that speaks to the effect of promoting What's called the the introduction of an engineered Beach you've probably heard of that for the last two years or so that is one of the things that um the smarter people in this community believe that we need when I say smarter people I mean the county and all the other stakeholders um believe that an engineered Beach of some sort is required to help protect Upland properties meaning the properties that you guys have live on invest in um that is above the beach um in order to protect that beach fully in addition to a seaw wall what I what we've been told um as staff is that an engineer Beach is required and so this is not committing us to an engineering Beach what it is committing us to do is to promote uh the introduction of an engineering Beach so basically we coordinate with the county and other stakeholders to Lobby the state and the federal government to essentially uh develop an engineer Beach at some some point in time other changes that are being recommended um and these are just standard that we do all the time um upda in the sanitary sewer solid waste and portable water level of service standards consistent with the city of Porter so the city of por orange provides sewer and uh portable water to the city of Dayton be Shores in in most

cases um for for for portable water and in all cases for sanit sewer and so it only makes sense for us to have standards level of service standards consistent with what they having their comprehensive plan as well and finally um in the coastal management element uh staff is proposing that we update and include um increase in boat slips subject to additional boat slip entitlements via the annexation process uh allowed under the Florida statute so what that means is um every local government in valua county has a that has a um um Waterfront they're allowed to have a certain number of boat slip a boat slip is basically where you put a boat or some sort of watercraft and so according to that plan that the bou county has for uh boat slips it's actually called the manity protection plan and in that manity protection plan every local government has a certain number of boat slips so generally you can't increase the number of boat slips in your local government unless the city actually grows and the city Only grows through annexation uh for the most part and so that is just a cleanup type uh policy in which we won't be shooting ourselves in the feet or basically tying our hands in the event that we increase the size of the city on river front side in which we cannot or would not be allowed to have additional bat slips so in other words what that means is when we Annex we can have additional boat slips gu clarification So currently we have zero no we have a certain amount every local government Waterfront has a certain number of boat slips um and and so the policy essentially had said that we cannot increase our boat slips or we are stuck with a certain number that's in the manity protection plan what this is saying is that that number can change or increase over time whenever the city increases its size in other words if we Annex more waterfront property the entitlement that comes with those boat slips for those waterfront property are now added into the pool that the city has okay does that make sense yes thank

you and so uh chapter nine Capital Improvements element again um there are some minor house cleaning um updates that we have to make in there but in addition to that the capital Improvement elements have two tables um one of the table is five-year Capital Improvements plan and so what we're doing there is we're we're updating that plan because the one that we have in the conference of line is outdated and we're now updating it consistent with the 5year CIP that was recently approved by the city commission the other table that's in there um is the valua county school district 5-year work program um we have to update as that as well because one is outdated and two it's required by the interlocal agreement that we have with the school district the county and all the other cities in Bui County and then finally again just as I mentioned earlier um with the coastal management element in the Capital Improvements element there are um level of service standards for sary sewer solid waste and pable water that we that we we propose to amend to be consistent with the city of Port Orange and then finally chapter 11 which is the public school facilities element there are some minor house cleaning um uh text amendments that we have to make as well so you may have seen a report that was used used to substantiate the the proposed amendments um typically whenever we do a major comprehensive plan Amendment um here in the State of Florida we have to provide something that's called a data inventory and Analysis and these are the highlights I'm just going to show two slides you may have seen that there was a bunch of different numbers and figers in that report that you'll see in there but essentially um staff did an analysis of our population and um based on the the ratio between the city and gucha county sta has essentially utilized the ratio that was provided by Bieber which is the Bureau of Economic and Business uh research which is basically the standard for the State of Florida in terms of providing projections we utilize their number um in terms of the relationship

between dayon Shores and blushia County that ratio and we we extrapolated that and we basically projected into the future what the future uh population of Dayton shores would look like for the planet Horizon which is 20 years or 2045 and this is what you can see um unfortunately um you'll note that the population the permanent and when I say population I mean the permanent residential population of Daton be shes is only going to grow by um 900 plus so less than a thousand and so you'll see that over over the long term you'll see that our population is projected to kind of stabilize if you will um the if you look at this uh chart to the right you'll see that the the the growth spurt if we will um occurred between 1980 and 2000 and from 2000 um up to about 220 but over the long term the population projection is is expected to kind of stabilize and and not be as as uh um as incremental as as it was earlier um the last 20 30 years so another um slide that I'm going to show in terms of the data um that was in the data inventory analysis or Dia report is the land use distribution you may have seen this and so you can obviously tell that the ma the vast majority of our land use in terms of um land area shes is residential I mean it doesn't take a genius to figure that out but the data shows that and so next um behind that would be commercial and um public facilities as well so generally when the data when the population is of a certain amount and the and the level of housing is not there or the level of infrastructure improvements that are necessary to sustain that projected population is not there that is when there's a whole bunch of other changes to your future land use map to your uh Capital Improvements element and to all the other elements in

your comprehensive plan but because uh we have a surplus of over 1,500 when it comes to permanent residential population we know that on paper theoretically that additional 1500 housing units are being occupied by short-term rentals but for the purposes of the Florida Statutes and for the purposes of of urban planning um and Regional planning uh we look at permanent residential population because that's the most important thing and because we have a surplus when you compare 1,000 um uh people being added from now to 2045 and you have over 1500 units um additional units in terms of Supply it doesn't require or Foster any major changes in a comprehensive plan and that's the reason why what you see before you today is essentially just things that are required by the statute um and and updates that are required as I mentioned by the statute as well so based on that that was a mount full based on that staff has recommended approval is presented if there's any questions I'll be happy to take those thank you Stuart any questions well done thank you I I do have some questions um recently in the news city of Edgewater Fort Orange they're con considering delaying or looking at the approvals of certain properties because of water damage and flooding and that's a concern that I think we all are having especially we we live on the you know on an island that it's pretty curved down to our neighbors so water retention and flooding potential becomes a big concern for the city I did not dig into every single line but can you give us an assurance or an over viw of the concerns of the other cities and what we have done in order to make sure that we comply and we're looking at that

situation so I can certainly um not assure you of what other cities are doing what and what their thought process is but what I can tell you for the city of dayon Shores because we're in a Barry Island and in the data inventory and Analysis report there is a section there um about flooding and about storm order um is it's very minimal and the reason for that is because in dat to be Shores we do not have the same Geographic makeup as other places so other places they have more of a Peete and on I don't want to sound nerdy but an organic type of substrate basically the ground is more Compact and so when there's rain or when there's uh you know any kind of uh uh precipitation the water percolation rate is much lower than it is over on Beachside in Beachside the sand is much more uh perious when it comes to percolation rate rates and so we have a higher rate and the retention rate of of water precipitation on the Bay Island for the most part is is very very high and that's the reason why um whenever it rains meat side for the most part you don't see any issues now in the last storm there was what you call localized flooding so localized flooding is is somewhat different but what I can assure you of you ask for some Assurance what I can assure you of is that our storm water regulations are consistent with Florida Statutes and consistent with the general engineering and storm water practices um in the United States of America so unless those changes um you know we would still continue to remain consistent the big challenge um I shouldn't say the big challenge but what we do and what local governments should be doing in in general anywhere in the United States is to ensure that whenever there's a new development or Redevelopment that the development contains all water on site any new um what we call positive uh uh uh storm water that's created so essentially and

and again I don't want to sell nerdy or whatever have you but whenever you have a site there's a certain amount of natural runoff that comes um on that site whenever a property is redeveloped the ex the the the additional or surplus supply of storm water has to be contained on site and so land use and and storm water regulations in Ci's Land Development codes and in their conference of plans to some extent you know ought to require that containment be on site and so assuming that a developer or development happens the right way and the storm water system is designed to capture and shreat that additional supply of storm water if it is maintained the right way and that's the big thing the big as I was mentioning challenge the big challenge is maintenance of your storm waterer system and so that is something that probably as a city we need to continue to remind property owners off um because when you're living on a 10th 11th floor or whatever you're not thinking about the storm water system under the ground the storm water system if it's not maintained if it gets clogged up if it's not pigged if it's not clean continuously if you're just if there's not a replacement and a maintenance schedule for that it becomes clogged up and when there is a normal rain or a heavy rain an abnormal rain event there will be you know if your pipes are clogged up what's going to happen the water's going to back up and it's going to flood and and that's what we've seen um in other jurisdictions we haven't really seen that here in T be Shores but it is a possibility that that can occur so that's the most important thing the localized flooding that we had um uh with Milton I believe it was and then even before Milton that unfortunately is a is is a we believe is a subject of tital influence during a storm in other words um so everyone knows that you have your Beach which is lower and then you have your Dune Dune Ridge Which is higher and in Dayton be Shores it ranges anywhere from 17t to about 22 23t F feet is actually very

high you know and then from there the the grade of of of the Barry Island kind of slopes down when you get closer to the River properties that are closer to the river have a propensity to flood um because when there's a storm the tides rise in the river and so the water cannot get out because there's an automatic shut valve because there's nowhere else for the water to go because the tide and the elevation of the river is higher than the outlet for the storm water and so we believe that some of that may have played an influence in the recent flood that we had um um in in the lapaloma area in addition to that we also have been getting reports that maybe there was some illegal um movements that occurred we don't have the data to substantiate this um but we believe that maybe some Property Owners did things that they weren't supposed to do and and this is what I'd like to the public to know you know you might think that you know making an innocent change in your property you know might for Aesthetics or Landscaping purposes is something that's wonderful you know you're going to make your your spouse happy your kids happy or whatever have you well unfortunately down the road if it's not done right it will make you and your neighborhood unhappy and so we always try to tell people you know before you go moving dirt or Earth on their properties get with the city get a permit to ensure that it's done the right way great explanation appreciate that thank you so you mentioned earlier on about engineer Beach and that's a subject that we never thought about before our prior ver games um I heard from a couple of people that we're one of the few counties in the State of Florida that the uh Army Corps of engineer has not had an engineering review of our beaches is that correct so so um I do not know that for a fact but that is what I'm hearing from again

people who are smarter than I am and people who do that for a living you know Beach management is a totally different world from from the planning World um so I I don't want to go in record saying that but that is what I have heard and I know that there is um some movement towards um coalation efforts here in Dayton Shores not day be sh I'm sorry in vua County to basically um Lobby the state and the federal government to to come to that product and it's my understanding that um the cor Engineers have had some folks down here last year taking a look get that particular opportunity there thank you for I I because you mentioned it early on and it clicked and I wanted to make sure that that the rest of the board hears that and understands where we are and where we're going so I appreciate that is there any other questions or concerns or Stewart or the city or Gwen very impressive presentation but after we vote on this because yes same here not all right having said that I'm looking for the motion can you put it up there if you could is there a motion for approval I move the recommend approval of ordinance 20 25-01 as presented second thank you if we have a roll call please yes sir Mr jange yes mran yes Mr Lily yes m foror yes Mr decide yes thank you very much is there now we have um that's it I thought we had another item but we don't um but I do have a question for steuart okay if we go

under board comments go ahead I'm sorry Stuart um as far as light in uh straighten me out okay is there a rule an expert right next to me okay is there a rule honey on U the quality of lighting facing different condo buildings I have a Condo building that's right next door to the pomella that has just put in Orange lights oh yeah all on the side I want to know if we have anything that says the quality of lighting is registered in a certain area or whatever in other words shouldn't those lights be geared to the surroundings of where we are and I'm concerned because what if it doesn't say you can put purple lights in or yellow lights in or blue lights in or whatever can people put any color of lighting anywhere they want in the short and were the was that orange terribly orange light promoted and and given a you know approval approved yeah terrible okay so you have a couple layers to your question um bottom line colors of lighting are not currently regulated that's not something that we that we address in our code at all in fact the one piece that our code does address is very specific and it has to do with glare um visible from Residential Properties not even glare to another commercial property or doesn't specify where the glare has to come from it could be from residential from

commercial but it's but you cannot cause glare to Residential Properties it is um non um specific regarding like it's not quantitative it's qualitative so people will call and say somebody installed some lights they are um they're filling my home condo unit what have you with light can you see the light source like the bulb if not there's probably not each each Situation's different but there's probably not a glare issue which is the only thing that we regulate if someone fills your condo unit with light then it is there's nothing in the code that says that they can't do that that it's too you know that a piece is too bright however if they cause the layer meaning you look and you have to turn away because it's an unshielded light source that's something that has to be fixed and has been caused to be fixed in the past it doesn't make everybody happy we go out and assess that at night of course when you can see it um and sometimes there's glare and sometimes there's there is no glare the folks at Oceans Grand when Chase Bank went in there is that purpley blue lighting facing west and they were not the folks there were not happy about it we went out at night took a look and there is really no glare issue there was no glare issue created because of it we did work with the people at Chase to ask if they could turn it off at a certain time and they ended up doing just that but there was they did it um as a a gesture of Goodwill to the community as opposed to because the code required it we when you're done okay we are currently taking a look at um at some

commercial sources of lighting but that may or may not satisfy the issue that you're having in any way and and colors of light are definitely not currently included time frame if it's facing a whole building 75 lights orange all night long whatever is there a time frame limit is there any kind of could how do I get somebody to go over there and check it out as far as glare you would who do I have to call you would place a code enforcement complaint and then we would assess that whether or not there is glare coming to your the source of the complaint like your unit and if there were two other units that you knew had the same issue we would try to shut off there are 40 50 units that this complaint yeah I'll just there color Turtle safe lighting but that's the front for the side and then of course we have Turtle season and they really evaluate and look and see if there's any leakage of of Lights into the sand and Beach area and beyond that above that that's another aspect to what you're describing the turtles apparently don't see the orange and reddish lights as well and so it's it's better for them I know but yes these are facing this way and have nothing to do with the turtles ex I I do know a little bit about lighting I saw it too I forgot 47 years AG I'm so sorry that's okay but I yes I'll okay so I'll file a complaint yes please thank you I just wanted to add something uh staff is looking into um some lighting changes in

our land of the code but we just have to be careful and we are working with the we'll be working with the city attorney's office um as he canest there are some constitutional issues when it comes to uh what's called uh uh freedom of speech and and believe it or not liting is an expression of freedom of speech to some degree I agree correctly that is correct goes both ways stay there so tell us about the water tower the water tower has been demolished we don't have a water tower I didn't realize that we didn't have any water in it for the past seven years so um that property is it the city's property or is it the county Daytona Beach Daytona Beach is actually uh going through a removal of water towers outdated which is somewhat of an outdated system um the new pressurized system that they're utilizing is is more than adequate enough um for the city of Daytona Beach when it comes to firefighting services and so they're doing it all over beach side and some other places as well a lot of communities are actually doing that so that the the your question the property is owned by the city of dayon beach I apologize I went on a tangent and the removal of that water tower was an expense of the city in in very indirect to the consumer okay explain yourself you mean to tell me our it was in our water bill so basically what I'm saying is is that whenever um a consumer is leved a fee um everything having to do with infrastructure is somewhat or somehow Incorporated in that fee and but basically we pay that fee to the city of P orange that one is day tuna Beach okay okay so it is the land is on there is Daytona be Shores land the land is actually owned by um that land is it

yeah I think it's yes it's the city of Daytona Beach the city of Daytona Beach not Daytona Beach Shores no Daytona Beach okay Beach all right I I some people were asking me my God what's going on with the water tower and I go I don't know but but but you made a a very good uh point you know there hasn't it hasn't been functional and there hasn't been any water in there for several years my guess is that you're probably and you probably haven't been paying for that particular tower being there for years if you're south of th because remember Daytona Beach provides water north of themes whereas the city of Port Orange provides water portable water we're talking about nor uh south of things any other questions or concerns you see we save things up just when you're here and then we ask you all these questions you always catch me walking out there oh oh yeah thank you Stuart thank you so if there's anything else uh the next meeting is scheduled for February let's see what do we have it scheduled for Super Bowl February February 10th is that correct the next meeting I'm not sure to be honest you're not sure yet all right but if we if anybody has any issues please make sure you let Sher know when she comes back from vacation otherwise any oh is that right yes thank you and we are tentatively considering a training after the meeting uh on March 10th 10 has not been confirmed thank you so much my birthday seven oh did you hear that well thank her birthday is