NSB Commission signals support of development moratorium ahead of final January vote
NEW SMYRNA BEACH — In one of the new City Commission’s most significant decisions yet, commissioners signaled on Tuesday night their support for the proposed six-month development moratorium in New Smyrna Beach’s flood zones.
The measure, which would last until June 27 of next year, would be imposed on “property 10 acres in size or larger proposed for residential development located in FEMA flood zones A or AE,” according to the proposed ordinance document. The flood zones cover most of the city territory, both on the beachside and mainland.
The moratorium would allow for “the city to review the impacts of Hurricane Ian and determine if updates to the city’s stormwater management and drainage regulations are appropriate.”
Previously:NSB Planning Board approves development moratorium; City Commission to make final decision
Ongoing development:Developer postpones meeting to discuss controversial LPGA Golf Villas project in Daytona
Condos recovery:Condos in Daytona Beach Shores damaged by Ian and Nicole could face millions in repairs
During the measure’s first reading on Tuesday, commissioners voted unanimously to approve it.
Mayor Fred Cleveland explained, however, that Florida statue 166.041 requires local governing bodies “in cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more” to hold a public hearing and vote during the proposed measure’s first and second readings.
During Ian, the city recorded close to 21 inches of rain and 4 feet of storm surge in some areas, according to City Manager Khalid Resheidat. County and city first responders rescued about 215 individuals as a result of the flooding, while over 850 homes suffered catastrophic damage to their properties, he added.
“The city will seek answers as to why the flooding happened and whether the existing stormwater and flood drain regulations are sufficient,” Resheidat said.
The study into the city’s stormwater system will be conducted by the engineering firm Jones Edmunds & Associates and will cost the city $58,500. Resheidat said the study is expected to be completed in May, during which time he hopes city officials and residents will get the chance to discuss the situation during public meetings with the firm’s engineers as part of the process.
Community shows support for the measure
The idea for the moratorium was brought to the city Planning & Zoning Board in September by the City Commission, where it passed unanimously later in November.
Former New Smyrna Beach Mayor Russ Owen told The News-Journal last month that the idea for the moratorium stemmed from a “sentiment” in the community that “recent developments could have played a part” in the flooding situation.”
“I’m not saying there is merit to this, but I am saying that it is a chance for us to take a moment and pause and check this out,” Owen said.
More than 10 residents, several of which suffered some form of property damage from Ian’s flooding, spoke in favor of the proposed moratorium at the meeting on Tuesday.
“Just because we’ve had massive flooding and damage, it is not stopping outside development,” said New Smyrna Beach resident Randy Herman. “I think it is so essential that we take this stand. We’re not saying we are against development, but we’re saying we really have been faced with a crisis that is probably going to be something we have to consider not just for us, not just for our children, but for our grandchildren.”
Glenn Storch, an attorney at Storch Law Firm in Daytona Beach and who represents several large-scale residential development applicants in the area, spoke against the moratorium.
“If you look at the idea of stopping everything, saying ‘We can’t have any more growth,’ that’s not relating to a flooding issue,” Storch said. “When you’re dealing with a moratorium, you have to be very specific that this is the whole purpose of what you’re doing. Otherwise, you run the risk of creating massive damages for the city.”
The moratorium would not apply to property owners who “can demonstrate by substantial competent evidence" that their development was approved prior to the moratorium period and that they have spent "substantial" money on the development, according to the ordinance.
The second reading and final vote on the proposed moratorium will happen during the City Commission's Jan. 10 meeting.
This article originally appeared on The Daytona Beach News-Journal: NSB signals support of development moratorium ahead of January vote
