The City of New Smyrna Beach is proposing to rezone and change the comprehensive plan designations for 27.48 acres of land in the West Canal Street area. Staff analyzed 4 options for rezoning the area, including no change, rezoning the entire area to mixed-use, or splitting the area into mixed-use and neighborhood business or highway service business zones east and west of Myrtle Avenue. Staff recommended the Planning and Zoning Board approve one of the 4 options and make associated changes to the future land use map and zoning descriptions to avoid creating non-conforming uses.

1. DEPARTMENT OF DEVELOPMENT SERVICES
SUMMARY REPORT
JULY 7, 2003
CASE CPA-2-03: WEST CANAL
Background
The City of New Smyrna Beach is proposing to rezone and amend the
comprehensive plan designations of property in the West Canal Street area.
The subject properties are generally east of Robert Street, west of the FEC
railroad, north of Downing Street, and south of Washington Street, consisting of
approximately 27.48 acres. Please see Exhibit A.
Findings
1. The New Smyrna Beach Community Redevelopment Agency asked the
Development Services Staff to prepare a recommendation for the Planning and
Zoning Board regarding their request to rezone, and the associated comprehensive
plan amendment.
2. Upon review staff decided to consider other property in the area. The result is a
combination of various future land use and zoning designation changes. The
following are the proposed changes:
1) The majority of the area affected by the proposed zoning changes is in
response to one of the recommendations of the “U.S. 1/North Myrtle Avenue
Expansion Area” study. That study was a companion piece to the “Blight
Study for U.S. 1/North Myrtle Avenue Expansion Area” study. Staff has
copies of these reports available for review.
2) The City purchased additional property to expand the Babe James Center, and
therefore should have the appropriate zoning and future land use.
3) When the City established Myrtle Park, mapping was by hand, an error was
made, and the result was an area that did not receive the proper zoning and
future land use. Essentially this an administrative effort to coordinate current
use, the Zoning map and the Future Land Use map, in order to avoid confusion
in the future.
3. Staff proposes to change the Zoning and the Future Land Use map in the West
Canal Area. For a current Zoning map, please see Exhibit B. For a current
Future Land Use map, please see Exhibit C. Staff elected to pose four scenarios:
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2. LPA/PLANNING AND ZONING BOARD
JULY 7, 2003 – WEST CANAL
SUMMARY – CPA-1-03
1) The first option would be to make no change.
2) The second option would be to convert the entire subject area into a Mixed
Use, MU zoning district.
3) The third option would be to convert the portion east of Myrtle into MU, and
west of Myrtle Avenue into Neighborhood Business, B-2.
4) The forth option would be to convert the portion east of Myrtle Avenue into
MU, and the portion west of Myrtle Avenue into Highway Service Business,
B-3.
Please see Exhibits D, E, and F for options two, three, and four for the Zoning
Map. Because B-2 and B-3 have the same Future Land Use Map designation,
Exhibit G covers option two and Exhibit H covers options three and four.
4. There are many reasons behind the main change along Canal Street. Foremost is
to fight the blight of the area by promoting economic development. Other goals
are to maintain consistency with the Canal Street business area, provide for more
uses in the area, and reduce the required setbacks, similar to the development east
of U.S. 1.
5. The Board may recall a recent zoning text amendment for a portion of the subject
area, to reduce the distance between taverns. Receiving its final approval from
City Commission on January 14, 2003, this amendment speaks to the political will
to revitalize the area.
6. Staff considered the impacts of the existing zoning versus the proposed zoning
classifications. For complete descriptions of the R-5, R, MU, B-2 and B-3 zoning
designations, please see Exhibit I. For a comparison of the impacts of those
zoning designations, please see Exhibit J.
7. There are a number of differences between the existing and proposed zoning
options. The allowable height, number of allowable uses, amount of impervious,
and the amount of built area will all increase. The rezoning will not increase the
density. The result may be an increase the intensity of development, since
commercial development does not count towards density maximums, and an
increase in height may allow for a higher utilization of the allowable density.
8. The MU zoning allows for single-family dwellings, while the B-2 and the B-3 do
not. This factor may act to reduce the overall density in the future. Currently
there are single-family homes in the area, which makes them non-conforming. A
similar situation exists in portions of Dora Street, which creates problems for
owners of single-family residences in that area with redevelopment, refinancing,
and replacement after fires. A similar problem may exist here, but a solution
would be to change the zoning to MU, making the single-family structures a
conforming land use. That may act to reduce the density and intensity of use.
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3. LPA/PLANNING AND ZONING BOARD
JULY 7, 2003 – WEST CANAL
SUMMARY – CPA-1-03
9. There are a number of uses allowed in the existing zoning designations that are not
allowed in the MU zoning district. Staff has found two instances where this might
be an issue. The American Legion Post 17 is within the subject property. As a
semi-public club in the B-2 district, it is an allowable use in that district, but not in
the in the B-3 or MU district. The property at the southwest corner of Park
Boulevard and Canal Street, 902 West Canal, is an assisted living facility, allowed
in the R-5, Multi-Family zoning district, but not in the B-2, B-3, or MU districts.
Those properties could be removed from the subject change, but it is staff’s
opinion that any new zoning designation should be a cohesive area. The uses could
continue as non-conforming uses, but could have problems with financing,
insurance, and resale. Staff’s position is that the best alternative would be to add
the necessary uses to the list of permitted uses for the zoning designation chosen
for the area.
10. The rezoning may lead to an increase of the impact on roads, recreation, drainage,
and other aspects of City services. By increasing the floor area ratio (the amount
of floor space allowed, per gross area of land), the City may have a larger service
burden under the new zoning.
11. Staff also researched the City’s Comprehensive Plan. The Plan gives the following
information about the Mixed Use Land Use classification:
Mixed Uses – The Future Land Use map shows two areas that are suitable
for mixed uses.
The downtown area between Washington and Lytle east of US 1 is shown
for high-density residential and commercial similar to those uses permitted
in the B-1 district. Residential densities of up to 18 dwelling units per acre
are permitted in this area.
The Westside transitional area is within the Westside neighborhood, and
includes high-density residential and neighborhood commercial land uses
for the purpose of providing goods and services within the Westside
neighborhood.
The Plan gives the following information about the Commercial Future Land Use
Classification:
Commercial – These areas are primarily suitable for office and retail
businesses. They should be confined to certain arterial and collector road,
and to the Flagler Avenue and Canal Street districts. Hotels are permitted
uses in the same commercial areas at a maximum density of 24 dwelling
units per acre.
The Objectives and Policies of the Comprehensive state:
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4. LPA/PLANNING AND ZONING BOARD
JULY 7, 2003 – WEST CANAL
SUMMARY – CPA-1-03
Objective
To ensure that future development will be consistent with adjacent uses, natural
limitations such as topography and soil conditions, the needs of the citizens of
New Smyrna Beach, the Future Land Use Map, the availabilityof facilities and
services, and the goals, objectives and policies contained within this
Comprehensive Plan.
The proposed zoning and comprehensive plan amendment will extend the mixed-
use district to the north and west, and establish a consistency with the Canal Street
business area.
Objective
To eliminate by year 2015 those existing land uses that are inconsistent
with the community’s character and Future Land Use Plan.
Policies
d. Require all zoning to be consistent with the land use designations
shown on the Future Land Use Map; rezone property as needed.
Changing the zoning and the future land use of the subject property to mixed use
will increase the consistency between the Future Land Use Map, the existing
zoning, and the current land use. Currently 1.64 acres have a commercial zoning,
but has a mixed-use future land use designation, and there are a number of non-
conforming single-family homes in the area.
Objective
To implement land use patterns, utility service extensions, impact fees and
an annexation methodology, which provide for orderly development and
discourage urban sprawl.
Policies
b. Infill development in the service area will be encouraged through
development regulations, voluntary development agreements, and
interlocal agreements.
Changing the zoning and Future Land Use designation of the area to mixed use
will encourage infill development and redevelopment at high intensities.
12. Upon review of the Comprehensive Plan, Staff found that the description of the
location of the Mixed Use Land Use designation will need to change from, “east of
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5. LPA/PLANNING AND ZONING BOARD
JULY 7, 2003 – WEST CANAL
SUMMARY – CPA-1-03
US 1” to east of either Myrtle Avenue or Robert Street, depending on the Board’s
recommendation.
13. Staff has visited the site and taken photos of it and the surrounding neighborhood.
Please see Exhibit K.
Recommendation
Recommend the Planning and Zoning Board recommend the City Commission:
1. Approve one of the four options, to make no change, or adopt one of
the versions reflected in Exhibits D, E, and F, along with the
associated Future Land Use map changes and any other necessary
changes to the descriptions of the land use descriptions.
2. Instruct staff to recommend a zoning text amendment that would avoid
creating non-conforming land uses.
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6. LPA/PLANNING AND ZONING BOARD
JULY 7, 2003 – WEST CANAL
SUMMARY – CPA-1-03
US 1” to east of either Myrtle Avenue or Robert Street, depending on the Board’s
recommendation.
13. Staff has visited the site and taken photos of it and the surrounding neighborhood.
Please see Exhibit K.
Recommendation
Recommend the Planning and Zoning Board recommend the City Commission:
1. Approve one of the four options, to make no change, or adopt one of
the versions reflected in Exhibits D, E, and F, along with the
associated Future Land Use map changes and any other necessary
changes to the descriptions of the land use descriptions.
2. Instruct staff to recommend a zoning text amendment that would avoid
creating non-conforming land uses.
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