Good evening and welcome to our land meeting. Um, Marty, would you please call the role? Council member Steve Freriedman here. Council member Deb Gillis here. Council member Anna Richards here. Vice Mayor Don Horton, I'm here. And Mayor Sharon Mahoney
here. And we have a quorum. Okay, Mr. Would you lead us lead us in the pledge of allegiance? Mr. Harris is like the back of the room. Harris is just somebody of America and to the republic for which
it stands. One nation under God, indivisible, with liberty and justice for all. Fun. I will. Okay. So, Scott and Pastor Hammond, would you like to come up
please for a remembrance for 911? Good evening. Uh, thank you for the opportunity. honored and uh and humbled to offer a couple remarks uh in observance of 911. I I think we all have um memories of our
parents describing stories that they encountered um throughout their lives. I know as a as a kid, my dad always had one that he often told and I can it's it sticks with me even now that he's gone and that's when how he explained he
where he was on the day that JFK was shot and the details that he remembers being outside of 7-Eleven and everybody being on their phones and trying to figure out what was going on and uh and for me you know throughout my life now one of the the first ones that I had was
911 as a young petty officer in the US Coast Guard uh in my fourth year, I had the privilege to be sent out to Ilwako, Washington, uh Cape Disappointment, Columbia River Bar for surf school, driving motor lifeboat, learning how to drive, uh motor life boats and 30 foot
seas and 50 knot winds. Um, however, that was cut a little short on September 11th when we woke up and sitting in the days hotel room watched the uh the Twin Towers come down and my my career was um shaped very much um from that day on. So
today, as we mark September 11th, I'm especially aware of how history, remembrance, and the present moment all converge. We remember the terrible loss and the courage shown on that day in 2001. nearly 3,000 lives gone, families changed forever, first responders who
gave everything, and a nation forced to reckon with its vulnerabilities. But remembrance isn't just about what happened then. It's also about what happens now. How we respond when faced with tragedy. How we hold on to our values when they are challenged. In recent days, we've seen another shocking
act of violence, the shooting of Charlie Kirk at Utah Valley University, a targeted attack at a public event. It serves as a painful reminder that political violence, the division among us, the danger of hatred, those things are not just stories of the past.
They're real. They're present, and they demand our attention. What struck me is this. In both 911 and the Kirk incident, we see lives shattered, communities awoken, and a need to come together. On 911, we saw people drop everything to
help. We saw strangers become guardians, neighbors become allies. In this more recent incident though a very different though very different in scale we again see shock grief fears and anger. But in the midst of that there's an opportunity an opportunity for us to
reaffirm what unites us rather than be consumed by what divides us. Here in our village we may be far from the headlines but we are not immune. What happens in the world beyond our immediate sight still affects us. Political violence undermines civil discourse. Fear erodess
trust. And when people are afraid or when ideology replaces empathy, the bonds that hold us together risk breaking. So today, as we remember those who were lost 24 years ago, let it let us also pray for peace in our speech, compassion in our decisions, and
strength to defend our freedoms without allowing ranker or fear to rule us. May we honor the memory of 911 911 not just with solemn ceremony but with actions by reaching out to those we disagree with by protecting the dignity of every
person. By insisting on justice and by rejecting violence of any kind, political or otherwise. May we never forget those we lost. May we never take for granted the safety and solidarity we've been given. And may we always choose to build bridges and not
walls. Well, I know exactly where I was that day because I was on my way to my office when this all began to unfold. And then we open the church doors and people kept coming and kept coming and kept coming and kept
coming for days. We had firefighters that would come in and say, "I just need somebody to talk to. I just need somebody to pray with me. I just need something. Often they didn't know what it was.
But you know, scripture says, it's going to be part of my prayer. It says to rejoice with those who rejoice and to mourn with those who mourn. We should be a nation in mourning. Not just from 9/11,
but certainly from yesterday and all the events that have unfolded between here and there. We had a shooting yesterday also in a school. And uh so we as a nation need to follow
the advice that Scott just gave us. And uh just want to remember those. So, as you have not seen the display down front here, it's in remembrance of those firefighters that lost their lives and those that continued to lose their lives
and the families that have continued to suffer since that day. And may we never forget. So, let's pray together. Our heavenly father, we thank you for just the privilege and the honor, the freedom that we have to come together
in a gathering like this where we can simply cry out to you and say, "God, we hurt. We don't understand. I hurt for the families. I hurt for the
friends. I hurt for the dad that I spoke to two years ago who lost his son. a firefighter who made the ultimate sacrifice at 911 and then father for the events of this week.
We just pray for unity and stability within our land. We thank you for our nation, for the privilege and honor we have to be here, to live here. May we be ambassadors for good and where
your play pray your blessing over each person here tonight. Thank you for this council. We pray that you'll bless this time tonight in your precious name. Amen. Thank you very much. Okay. Um additions, deletions, Steve,
anything? Anna, Deon? Amen. Okay. Okay. Mayor, council, communication. Um, no, I'm going to pass on that. And so, village attorney, village manager.
Anything from you guys? Nothing from me, Ron. Okay. So, now I'm going to open up public comment. And this is public comment that has nothing to do with any of the tabs tonight. Marne, do we have anyone? Uh, Mr. Wishmire signed up for general
public comment. Yes. Hello, Joe Wishmire, Plantation Key. Mayor and Council, I know that some of you were at the county commission meeting yesterday. Most of the meeting was concerning traffic along US1. Again, Isa Marada failed to meet LOS
requirements. Lower Matt, upper mat, and Windley Key all got a D, which would mean no more development until that is corrected. Then I discovered at the meeting that Islam Marada actually only uses the county overall traffic study to
determine availability for development. Marathon only uses their segments because they're always better for its decisions. We all know the county only accepts traffic studies that are favorable to them. 2019 fail not accepted. 2021
favorable accepted. 2023 fail not accepted. 2025 was favorable with a claim that there is a 40% reduction in traffic. It was accepted.
Are you kidding me? A reduction in traffic? Has anybody seen that? If you listen to the public, you heard concerns about the environment and overdevelopment. The only way to ease traffic is to stop adding more and more development. Plantation Ki got the only
passing grade even though the commission gave away all 1600 available trips on US1 plus some to Publix but that has not been you recorded. Despite f despite failing grades,
tonight council will hear five quasi judicial hearings, including the islander resort and the crooked palm that if approved will add even more traffic. Failing grades repeatedly should be a message loud and clear. Again, like I did on Tuesday, I would
like to bring up my concerns about the fairness of people opposed to an item on a quasi judicial hearing only getting three minutes to express our concerns, and staff and applicants have weeks and months to prepare their case. This week,
the agenda with staff reports was not even posted until Sunday. Over 750 pages of information. Not all quasi judicial hearings require extra time, but very controversial items should get some extra time like the village charter
stated. For example, an item like crooked palm that took over 17 months of meetings and negotiations with owners and neighbors and a council meeting which lasted over 5 and 1/2 hours should get some more consideration. give
everyone the time required to give you all the facts and concerns so you can make an informed decision. Thank you. Thank you. Don, you want to get that before we go on? I'm sorry. Go ahead, Marne. Uh there's no one else.
Oh, okay. So then public comment is closed. Go ahead. Um, in just in consideration with with what Joe just said, the importance of the testimony here, can we consider giving um people that want to give testimony some additional time rather than just the standard three minutes that they get for
regular public comment? Um, I've turned it off. I have turned it off. Sure you have. Okay. Um, Deb, how do you feel about that? the mic. I would like I would like not to go much
over three. We're not combining any tabs tonight. So, Don, no. Um, I guess I'd be okay with five at a maximum of five minutes, but cutting it
off at five, you know. Well, I feel like at this point we've beat this horse to death that I feel like three minutes is plenty of time to get up and say yes or no. Steve, do you Yeah, I I I think five minutes is reasonable. We can even ask if there are people that are planning to
give testimony if they if they know about how much time they might need. Maybe it's less than five minutes. Okay. Well, we'll just cut them off at five. I do think that we need to be reminded that since it's quasi judicial, it's factual. It's it's it's not opinion.
It's not um uh the decisions that we have to make up here are based off of the facts that are presented on both sides and and not based off of opinion. So I think that if if all if this 5 minutes is going to be
just opinion based innuendo hyperbole then it's not adding to the discussion. But if there's five minutes of fact facts that that are presenting so that we can make a a a proper decision in a quasi judicial hearing, I'm okay with that.
Okay. I'll just wing it. Okay. Between 3 and 5. Okay. John, do you want to say anything? No, I was just going to chime in if you wanted me to cl up on uh what Vice Mayor Warden said, which which he is is absolutely correct. Any decision that you all make tonight one way or the other in quasi judicial as with any
quasi judicial needs to be based on competent substantial evidence that's in the record and it the public testimony in quasi judicial is different than uh just general public comment. It has to be testimony that's supported by facts and evidence which is why there the
witnesses are sworn in um in advance. Okay, that clear. Thank you. Okay. Um John, you want to start with the first uh first tab A? Yep. We are in uh we're not in quasi judicial yet. We're in the resolutions. This is a resolution of the village council of Alamara Village of Islands,
Florida, amending the schedule of fees and deposits for planning and development services applications and providing for an effective date. Jennifer, good evening council. Um so this resolution is being brought to you tonight. You may recall during our budget workshops, there was some discuss discussion regarding um the cost of
legal services and ways that we could look to reduce those costs to the village. One of those ways is to include legal services as part of cost recovery for development permits. In order to do that, we need to increase the amount of deposit money we request from applicants
during that process. So, this resolution would increase uh the deposit amounts for cost recovery, particularly going towards um new the new legal fee cost recovery. Um I reviewed all of our applications in conjunction with our um
village attorney, John Quick, and determined which applications would need legal services, and we that's how we arrived at these numbers. So, happy to answer any questions um here if you need anything. Anybody have anything? It's quite a jump. Just
I I just want to thank Jennifer for being the first one on the block for making these changes that are user fees and and not based off of the taxes, but actually folks that are going to walk in. So, thanks for being first on the block to make this happen. Jennifer
De Well, and I thank John for helping out with that and coming up with those figures, too, because it took both of you to get that done. Steve, Anna, anything? Okay. Do we have Oh. Oh, brother. Do we
have any public comment? Marne? No, ma'am. Any discussion with council or are we ready to make a motion? I move to approve. Second. Marne, would you call the role, please? Vice Mayor Don Horton, yes. Council member Anna Richards,
yes. Council member Steve Freriedman, yes. Council member Deb Gillis, yes. and mayor Sharon Mahoney. Yes, that motion passes 5-0. Okay, moving on to B. Next is a resolution of the village council of Alamara Village of Islands,
Florida, approving the professional services agreement between John J. Hearn and Alamada Village of Islands to provide services for code compliance hearing officer, authorizing village officials to implement the terms and conditions of the agreement, authorizing the village manager to expend budget funds, authorizing village manager to execute the agreement, and providing for
an effective date. Jennifer. So, as I think I mentioned during our budget workshops, um our current code officer, code hearing officer has uh decided that he has other obligations is was not able to continue on being the village's uh hearing officer. So, we he
provided a recommendation. Um why serotto was able to do some vetting of him of Mr. Hearn and came out with glowing recommendations. So, we met with him. He's willing to provide the services for us. Uh, the one thing I do want to point out when I did my council
communication, the the fee was going to remain the same as it was with Mr. Vvelchic. Um, since I did my council communication, there was some negotiation and Mr. Hearn's fee is actually reduced by $40. So, he'll be $210 an hour, not $250 an hour. So, it'll actually be a reduction in savings
for the village. Um, so we are happy and excited to have Mr. Attorney Hearn um on board with us and ready to go if you guys are happy. Okay. Okay. Any anybody want to say anything before I open public comment? No. Is there anything? Marne, there is no one signed up for this.
Okay. Council discussion or a motion? Motion to approve. Second. Second. Marne. Council member Steve Freriedman. Yes. Council member Deb Gillis. Yes. Council member Anna Richards. Yes. Vice Mayor Don Horton. Yes. And Mayor Sharon Mahoney. Yes.
Motion passes 5-0. Okay. C. All right. We are uh into the quasi judicial portion of the agenda. Um uh the following agenda items are will be quasi judicial in nature. If you wish to comment on these items, please inform the village clerk by filling out the
available signup form. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. As a reminder, testimony and quasi judicial items must be in person and Zoom testimony is not permitted. These proceedings will be handled in accordance with the village code requirements. All testimony,
including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you do not wish to be either cross-examined or sworn, your testimony shall be disregarded. The general public will not be permitted to cross-examine witnesses, but the public may request the council to ask questions
of staff or witnesses on their behalf. The full agenda packet on each item is hereby entered into the record along with the village code and comprehensive plan. Any correspondence that was received by the village staff is included in the file and part of the record. Persons representing organizations must present evidence of their authority to speak for
organizations for the organization. Further details of the quasi judicial procedures uh in section 30-256 of the village code may be obtained from the village clerk. Tonight they are there are five quasi judicial items. They are tabs C through G. At this time I'd like to ask anyone who intends to speak on
the quasi judicial items tonight to please raise your hand and be sworn in by the clerk if you intend to speak on any of these five tabs. In the matter in which you are about to give testimony, do you swear to tell the truth, the whole truth, and nothing but the truth?
The witnesses have been sworn. Um, madame mayor, our uh first uh item is uh a resolution of the village council of Ma Village of Violence, Florida, considering administrative appeal of number PLE20230193
filed by Joanne M. Herrera, agent for Gino and Pier Bolognia, applicant relating to the dwelling unit. determination by the director of planning for property located at 82925 Overseas Highway and 82929 Overseas Highway having real estate numbers
0043630-00000000 and 004364-00000000 on our Matakumbi key as legally described herein providing for the transmitt of this resolution to the state department of commerce and providing for an effective date upon the approval of this resolution by the state department of commerce. Um uh before we
begin, council, I'd like for you to please disclose any exparte communications that you may have had uh with the applicant or anyone else. Again, this is on tab C and please include whether the person represented any group or entity as well as the subject matter as you recall. Thank you. Okay, Deb.
Um yeah, quite a while ago, I had a short conversation with Gino and then um but it was really short. Uh, and I also had um I spoke with Elizabeth and it was just a short comment to me. Okay, Don.
Uh, as I recall, I spoke to Ty Harris, Elizabeth Jolan, uh, Tony Hammond and Gino. Okay. I spoke with Gino and Elizabeth. I spoke with Gino and Elizabeth also. Steve, I spoke with Gino and Elizabeth.
Okay, we are ready to proceed. Jennifer, do you want to Yes. start first? Good evening, council. Jennifer Deborian, planning director for the village of Island Marada. Again, we're here tonight under the administrative appeal for the dwelling unit determination for 82925 and 82929
Overseas Highway. Um the properties are located um within the village center zoning district. Um, back in December of 2023, the applicant requested a dwelling unit determination from the Department of Planning Development Services for three properties that he owns that are
um adjacent to each other. After some research and a couple meetings with the village, we issued a ter determination recognizing two legally established market rate dwelling units and 3,456 ft of non-residential floor area. After the determination was issued, the
applicant requested a reconsideration. The director was the plane director was on vacation so as to preserve their appeal rights. They filed an appeal a week later. Staff was not able to reconsider its decision and the applicant has asked to proceed with the appeal. The reason why we're here this evening.
A complete analysis of our dwelling unit determination for the three lots owned by the applicant can be found in your packet um via the letter dated June 7th, 2024. However, I'll highlight some points um in that letter here that might be helpful. The vill's comprehensive
plan chapter 3 under the housing and element housing element data inventory and analysis has a table 3-13 inventory of existing mobile home parks does not include or recognize a subject property as a lawfully established mobile home park and Monroe County zoning
regulations do not allow for dwelling units without a primary commercial use and mobile homes and trailer parks were not considered residential under the Monroe County Code. Village Code section 30-473 identifies certain criteria used to determine the existence of legally
established dwelling units for property number one. Criteria 1 and three have not been met. Property 1 meets the criteria existed in criteria 2 subsections B and C but not C but A and B but not C. V. The village does not
recognize any legally established dwelling units on property 1. For property two, criteria 1 and three have not been met. Property 2 meets the criteria listed in criteria 2, subsections A and B, but not C. The village recognizes one dwelling unit.
Although the county recolleations did not allow it without commercial use, there was some indication that a portion of the garage addition was used in conjunction with the auto shop on property 3. For property 3, criteria one has been met. The village recognizes one
legally established dwelling unit and 3,456 square ft of non-residential floor area on property 3. In total, the village recognizes two legally established dwelling units and 3,456 ft of non-residential floor area. The applicant argues that Howell's trailer
park was licensed by the Department of Health and that the Florida DDPR as early as 1977. However, our code requires licenses and permits from either Monroe County or the village of Alamrada, and there is a significant lapse in licensing. The licensing stopped sometime in the mid1 1980s until
about 2013. The applicant also refers to an email from the Florida Keys Electric Co-op regarding the number of meters on the property. As many of us know, electric meters can be installed on a property for a variety of reasons. Having a meter does not mean there's a separate dwelling unit. That is why the code
requires bills receipts from a utility company. Finally, the applicant makes an estoppable argument based on wastewater connections. The number of equivalent dwelling units for wastewater is calculated based on existing usage regarding the permitted uses and
structures. Typically, usage usage is typically calculated by using water records to estimate ADUs. There is no connection between the usage and the legally established dwelling units. To succeed on an estoppel claim, the applicant must show one that the
applicant relied in good faith, two upon material act or admission by the village, and three that the applicant made such an substantial change in position or incurred such an extensive obligations and expense in reliance on the act or admission that it would be highly inequitable and unjust to destroy
the right the applicant acquired. Essentially, the applicant needs to prove that an actor or emission by the village caused the applicant to expend such significant amount of funds that not granting them nine additional dwelling units would be highly inequitable and unjust. The village is
unaware of an act which the applicant relied upon in good faith which would support a claim for an equitable estoppel. After review with legal council, staff do not believe that an estoppel argument applies in this case. Based on the staff analysis and in compliance with the village code, staff
recommends denial of this appeal. And at this time, I'm available for questions if there are any. Did anybody have anything for Jennifer before she's leaping out of her seat right there? Anybody have anything? I go ahead. I'm sorry, Jennifer. You referred to the county's
code. Yes, sir. Uh what uh what year was that reference of the county's code? Uh was that the 86 code? We looked at 1963 and 1986. In 1963 it was BU2 and in
1986 it was SC. Great. Thank you. Good. Mhm. Ready when you are. Okay. Perfect. Thank you. So, thank you very much. Um, my name is Joan Perea. I am an attorney from Hershaw of Lupino Diego and I am here on behalf of my
client Gino Bolognia who's here and his wife Pier Bolognia. Uh, madame mayor and members of the council. Thank you very much for having me today. Um, first of all, I need to put something on the record. Um, the addresses that are cited that you read on that are on the notice,
you only read two addresses and it's actually three. The appeal is clear that there's three addresses with three RE numbers and three alternative keys, but it's only two in the notice. Um, additionally, um, we just heard
arguments for stoppable. Wait, just just one second. Um, and I'm sorry to cut you off. If No, it's okay. If the advertising did not include all three addresses, I would caution the council. I would advise the council that we should not
hear this today because there could be an argument that would be made or could be made by somebody that they were not aware that um uh that they would be considering something for the third address. um it would leave it open to a
potential um claim. Okay. Um if uh if the applicant wants to nonetheless go forward and the council's okay with that, it would be at the applicant's risk. I would I would recommend that. Um but if the advertising was not correct, my recommendation would be that it get
corrected and we and we move forward at a at a future meeting. Unfortunately, everybody okay with that? We have going on the advice of our attorney. I have to rely on that. We have Are you I know I need to object on the record. We We filed this appeal a year ago. We were
here two months ago. Staff actually requested more time. No, sorry, madame. Um mayor asked for more time so that uh one of the items could be uh better served or better explained by staff. Now we're here. I don't know if it was a mistake. Well, obviously it was a
mistake by staff. Our appeal is clear that there's three addresses. Even um Jennifer just read about three addresses. She went address by address. Um lot one, lot two, lot three. Um this is absolutely absurd that we have to wait another month um based on an error
by staff and again we were we were here a month a two months ago. Um we filed this appeal a year ago and we've been waiting for a hearing for over a year. Madame uh mayor, I think I can can uh uh
we can address this. I'm looking at a letter. Jennifer hand me a letter from June 25th, 2024 from Mr. Jagel, which is the actual appeal. And the appeal states that it it is appealing as it relates to properties one and two. If that is the
case, then we can proceed. If the applicant is intending to appeal property number three, that would be a different story. But based upon the letter from June 25th, 2024, that would be why the uh it was advertised for
those two addresses only. So, if they're proceeding based upon the the appeal as it was presented on June 25th, we're fine. We can move forward. I don't see an issue with the advertising and the notice. If they're looking to add the third property, then that's where the issue would come in.
Okay. So, are you adding the third property? Um, that's not the statement of appeal and initial brief. We go based upon the letter that was that was the actually the initiated letter for the appeal. That was a supplemental brief.
This is the brief that was filed with you with the application. I have the entire packet. That was a letter I think that was before. That is not the statement of appeal, an initial brief that I filed and I signed personally on July 8, 2024. Okay.
Again, the the letter of appeal is dated a little before that was submitted by her partner, um, Mr. Jaggel. That's the one that was opened up on those two addresses. Um it they filed a supplemental legal memorandum on the estoppel issue um that I guess addressed
the three properties, but the actual appeal letter that I'm looking at specifically says they're appealing the decision as to properties one and two. That's not the appeal letter. The appeal letter the appeal I have the the entire packet. We can proceed today under properties
one and two as was presented in the initial. If you'd like for us to not the initial John again, let me just finish. If you'd like for us to include property three, we can. This is this has every this is a requirement of state law for advertising purposes. We have to make sure that what is advertised for
the public that they can get out there and they know what's being considered. That's what the issue is here. I if you if you'd like to proceed with the for the three properties, we can do that. But I'm just saying we need to we need to readvertise for that.
Again, the letter that you're mentioning is a letter from my firm, from my boss, from Mr. Jgo to your office. That letter is not the statement of appeal that was submitted with you with the entire packet with the form with the applicable fees with all the documentation and it
clearly enumerates parcel one, parcel 2, and parcel 3. And the appeal form, which is a requirement by the village of Alamra, give me a second. the the appeal form that it's a requirement for the village of Alam Marada clearly states that the physical address is 82935
overseas highway 82929 overseas highway and 82925 overseas highway. The only reason why I'm why I stated the fact that there was an error is to be clear on the record, but not the fact that I'm I'm I'm not even sure what letter specifically we're you're referring to,
but it it's definitely not part of the actual appeal and definitely not the appeal brief that you're that you required me to submit with all the documentations a year ago on July 8, 2020. I understand I'm talking about what was actually advertised. the the title that
I read was the exact same title that was that was on the agenda last month. The issue was not raised last month. We could have corrected it then. Unfortunately, it's being raised now and we have to address it now. There's there's nothing we can do about it. And
and that's just online addresses. Okay. and and Jennifer I mean again Jennifer showing me that it was submitted online and there's only two addresses that are noted but it's either regardless nobody's prohibiting you all from proceeding on the three we just
need to make sure that the advertising requirements are met um and and that we have to go forward with that Jennifer staff addressed three lots John just for the record we go from here sorry Jennifer staff report stop for a second please so we don't
we're going in a circle here so what do we need to do. I think we need to if they want if we want to consider the three which which I understand that that's what they would like to do. I think we need to continue it to the um October meeting. Um and I mean we just have to have to make sure
we can get the advertisement out for the October meeting to make sure that uh it covers all three so that the public is aware that we are doing all three addresses and all three prop partial ID numbers. And Deb, I know you're trying to say something. I think I was just agreeing. Okay. So then I
guess then if our attorney is telling us no, uh, everybody in agreement here, it's a no then? Yeah. If if if we don't have the advertising right, we've done this before. If we don't have the advertising right, we need to postpone it. I am very
No, it's okay. I do want to put an objection on the record if I may. Yes. Um, essentially Jennifer spoke about so if I go to online the staff report does not mention still mentions today right now just logged in that the
applicant makes makes an estoppable argument based on wastewater connections as of the writing of this staff report has not staff has not had the time to investigate the validity of this argument. We hope to to have more information to prior to the hearing.
Everything that Miss Jennifer just read about the estoppel was not provided to us was not provided 10 days in advance as the the code specifically and I can cite uh stands for it states that it's required. It's not. It's not. It says,
and I'm going to read the code, section 30-255, general procedures, subsection two, duties of village staff. Staff shall have the responsibility of representing the case on behalf of the village. The staff report on the application shall not may or should
shall be posted on the village web page website at least 10 days prior to the quasi judicial hearing on the application. Okay. So clearly clearly something happened. Excuse me. It was posted on the Villagewood web page on August, what is today? September. August 29th,
10 days prior. It's not right now. It absolutely is right now. I we can go to the link, but the link that says for September 11 reason to post I have it up. I apologize. I I I reserved that way that uh
objection on the record. I thank you again and sorry. Can we schedule this again right now? I have to refer to John and Jennifer if they have time. Yeah, I think we have a time. Uh time certain. Do you want to do that? Yeah, I would just do it on the October is it?
I think it's the 9th. Yeah, the October 9th meeting. If I just ask for a motion to uh before he John referred to the fact of making sure that we can make the advertising deadline. So I need to be careful. We can That's why I just asked him. Okay. So
then do I have a motion to postpone? Correct. John, I'll be correct. There would be a motion to continue it to the October 9th meeting. Okay, I make that motion. October 9th, continue to the October 9th. Second. I'll second it. Marne.
Vice Excuse me. Vice Mayor Don Horton. Yes. Council member Deb Gillis. Yes. Council member Steve Freriedman. Yes. Council member Anna Richards. Yes. And vice excuse me, Mayor Sharon Mahoney. Yes.
The motion passes 5. Go ahead, Deb. What do you want to say? Okay. So along with that, when we rehear it, I was handed a pack tonight with numbers on the bottom of the page. I highly appreciate, but I was handed it as I walked through the door, so I can't even compare it to what was in our book.
So, make sure that your numbered pages are provided in our next pack. Okay. I I I don't have access to the packet. The reason why it has numbers is just for you for it to be easier if I reference a a I understand that. And I'm asking that
that we get it all at the same time. I don't have time while I'm here trying to do this to say, "Oh, that that Yeah, perfect. I will match them." Perfect. I will make sure. No offense met by matching, but Okay. No, no, it's okay. I'll I'll I'll make sure that.
Thank you. That will have plenty of time to fix all the little hiccups in the road here. So, I'm sorry, Madame Mayor, members of the council. Thank you. Okay. Okay. Let's hope they all get better here. Yeah. Go ahead, John. Next is a resolution of the village
council of Alamar Village of Islands, Florida, considering the request by Joseé A. Dampo and Vivian E. Fernandez for administrative relief from the village building permanent allocation system. BP pass for property located at 172 Irakcoy Drive, lower Madakumbi was legally described in exhibit A and providing for transmitt to the
Department of Commerce and providing for an effective date. Do you want to ask us if we've talked to somebody before, Jennifer? Yes, I do your job. Now, council, before we begin, there you go, Sheriff. You're doing double duty, sir. Um, will you please disclose any exparte
communications you may have had with the applicant or anyone else? And this is on tab D. Deb, I have none. Don, none. None for me. Anna, none. Steve, none. Okay. Now, Jennifer, please. Good evening again, council. Jennifer Deborian, planning director.
This uh application is for administrative relief for 172 Koi Drive. Jose A. Doampo and Vivian M. Fernandez have applied for administrative relief pursuant to section 30-477 of the code of ordinances. Section 30-477 requires that a public
hearing be held during which the village council of Marada shall consider all evidence presented regarding the application and shall follow the procedures, standards, and criteria found within code sections 30-552 and 30-553 beneficial use. The burden of
proof shall be on the applicant. The subject property is located at 172 Airquoy Drive and legally described in exhibit A of the proposed resolution. The application was entered into the building permit allocation system on May 13, 2021. The application has been
considered in four consecutive annual allocation periods and has failed to receive an allocation award. At the close close of quarter 2 of 2025, the application was ranked 14 with 18 points. Pursuant to the requirements set forth in code 30-477A,
the applicant was eligible to apply for administrative relief between 12:01 p.m. on July 1st, 2025 and 12:00 p.m. on October 29th, 2025. The applicant submitted their application for administrative relief on July 2nd, 2025. The proposed development is a one is one
single family, three-bedroom, 3 and 1/2b home approximately 2,611 square ft. The site is approximately 6,475 ft with allowed clearing and mitigation based on habitat. The full analysis is in your pocket
of the administrative release application. Additional information provided by the applicant is that the property owner has complied with all requirements of the building per allocation system. The BPASS application has not been withdrawn at any time. The property owner has not applied for a
deferral. The applicant is seeking an allocation award or the purchase of the property at its fair market value and the remedies offered under code section 30-477F. At the conclusion of the public hearing, the village council may take any or a combination of the following actions.
One, grant the application of an allocation award or part for all or part of the allocation requested in the next succeeding allocation period or extended praa over several succeeding allocation periods. Two, offer to purchase the property at its fair market value. The
applicant has provided an appraisal in the amount of $965,000 as a possible form of administrative relief. Three suggests such other relief as may be necessary and appropriate. And the village currently has 18 allocations available for administrative relief. At
this time, staff recommends awarding the administrative relief allocation. And I'm available for any questions you may have. Anybody have anything for Jennifer? I do. But go ahead, Deb. Um, where do we stand on market rates that
we have available? Are we still on two? We have two available where we'll be giving one out at the end of this quarter and then one out next year. Okay. So, the stuff from the state has not come through yet. That's correct. Do we have an anticipated? Probably not.
Not at this time. Okay. Thank you. Anybody else? I got one question. Jennifer, it's it's undeveloped property, right? That's correct. Was it split between another piece of property at some time? Um, I'd have to look at that. I think
it's in the packet, but I haven't Give me one second. I just wondering how it got a permit for a in 2018 for a boat lift and a dock. There was a period of time in the village where if you were in the BPASS system, you could apply for a dock or a
boat lift in anticipation of getting your B pass allocation. And if you didn't get your award after a certain amount of time, you would have to remove that accessory structure. So, this may have fallen in that category. I I would have to do more research to find that out.
Okay. Okay. But the currently the property does have a boat lift and a dock on it. Yes. Okay, that helps me make a decision. Thank you. Go ahead, Deb. Um related to the question I asked about if we have any time frame on on um the
stuff coming out of the state and how it will be classified, whether it's affordable or market rate or whatever. um the fact that we don't have it now. Can we take that into consideration that
we will have it in the future could have it? I don't know how to understand your question. If I wanted to give points instead of an administrative relief so that they would come to the top of the list when we have allocations again.
Oh, um that's that's the gist of the question. I think that's a legal question. I have my gut instinct of what that answer is, but I I think you can take into account because it it is part of the law that
was passed. It's not just a um you know, a promise or a a wish. There's there is something that's in the law. Um I I will say though I believe that law is being challenged or at least I've I've read that some of the cities are planning to challenge that law that that Senate bill
unrelated to our allocations but related to the the planning restrictions that are in it. Yes, that's the same one. Yeah. So I would uh I think you can I I just mentioned that because obviously if that whole bill gets tossed it could have implications for us. I'm not sure if they they could sever it or
not. And the the the followup question is originally I heard that those units that were uh going to be allocated would be most likely restricted to affordable. So
that would not help my thought pattern if if we but there was there was also some chitchat about the fact that because we already had a stack of affordables that maybe we'd be eligible for market rates. I don't want to do
something that's going to I'm I'm pulling up the bill right now. I don't I don't think my recollection was it it wasn't restricted to affordable in the bill. Um I think my recollection there is a restriction that 70% of them be owner
occupied. So there will be that requirement if the bill stays as it is and I think there is a a recommendation that the municipalities create as much workforce housing as possible but I don't recommend requirement but John can
confirm that. Just for clarification we're talking about Senate Bill 180 right? That's correct. Yes that's correct. Sorry. Okay. Good. Is there is someone here representing the property owners? Would you like to come up before we
start? Yeah, it's working. Okay. Well, the only I have to say is uh I was a a resident of I'm sorry. You are Jose, the owner. You are the property owner. Sorry. Yes. Okay. Just for public records
purposes, if you could state your name for the record. Jose A. Dampo. Thank you. All right. So, I was a resident uh no resident owner of the property next door 168 drive that was destroyed by
Hurricane Irma. And uh I had no insurance. So, I had to sell the property to I'm trying to build this one. That's why I'm trying you people give me the right to build my property down so I can retire over there. I'm sitting now and two years from now I'm
going to be in retired age. That's what I had to say. Does anyone have any questions besides I could hardly hear you to be honest. My problem that was your problem too. Okay. Um does anybody have any questions for this gentleman? I don't think I do right now but I'd like to reserve that right as we get
through this. All right. Excuse me, John. I just I was whenever you had a moment I was going to follow up to confirm what was in Senate Bill 180. Go ahead. I was going to confirm it's not a so there is a the restriction says that the allocations um uh that come from the
state must prioritize allocations for owner occupied residences, affordable housing and workforce housing. So I don't think it's restricted only to affordable or workforce. Um but it has to prioritize each of those three. So I could see again we don't know how they're going to allocate it to us. I could see where they might allocate some
for each or or we'll have to see what the state gives us. But it does have owner occupied which is separate and distinct from workforce and affordable. Okay. And and that that divvy is coming from the state or is it I thought it was going to the county and then the county
would divvy the Well, ultimately it's coming I mean ultimately it's coming from the state in the details. Yeah. In terms of how they divvied up whether it goes to the county and then goes to us. um it it I don't it doesn't clarify that but the ultimate grantor will be the state. So um you know they
can put the conditions on consistent with uh with this Senate Bill 180. Okay. Um I'll I'll just continue with that so others can understand my thought pattern is that we have 18 administrative reliefs left. We'll need
them for things. This could be one. Um but if we have another alternative which I we have had on when I was on council before of giving points and bringing these people to the top when there's uh regular allocations available. That's
what we chose to do as opposed to using administrative relief you can sit down sir and if we bring you back up again we will. I think we start with all in favor four. Yes. Anyone? Morning.
I don't have anyone signed up for this item. Okay, then anyone against? None. Okay. Uh, council, go ahead, Don. Um, I think I've said it on almost every administrative relief is the these
people came in and applied in good faith for a permit. They're um on a scarified lot basically on Eric Koy Drive which is down in lower Madakumbi which is probably about 80 some maybe 90%
developed on that entire street and I don't uh I don't see a reason not to grant them administrative relief. They've been patient for the past four years trying to get a permit and are just asking for um a permit now. So,
okay, Steve, Anna, Deb, I'll just tag on. I I just wanted to make sure that we had all the options possible by asking those questions. I really don't have an objection to um giving out administrative relief. I'm
of the same belief as Don. These people followed all the rules, all the regulations. Um, I was just once again trying to preserve the stuff that we do have, we know we have that we might have. So, I'm actually in favor of this.
Well, I again, you know, we we set the the games that we play here and the gentleman followed it. His family followed it. It's I think it's only fair. So, um, does anyone ask the gentleman another question or should we I'm ready to make a motion.
Yeah. Yes. There were none. Okay. I'm sorry. She was asking me if I anybody was against and I said no. Yeah. Marty said there was nobody signed on. All right. Well, then do I have a motion? A council. Move to approve. Do I have a second?
Second. Marne. Vice Mayor Don Horton. Yes. Council member Anna Richard. Yes. Council member Steve Freriedman. Yes. Council member Doug Gillis. Yes. And Mayor Sharon Mahoney. Yes. That motion passes 5 to zero.
Okay, we thank you very much. All right, John. Next is tab E. This is a resolution of the village council of Alamata Village of Island Violence, Florida, reconsidering administrative appeal number PLADA 20230026 filed by Smith Hawk's PL agent on behalf of What a Good Catch LLC appellant
relating to an administrative decision interpretation by the director of planning, denial of a transferable development right for property located at 81912 Overseas Highway, real estate number 00399300-0000 and 82601 Old Highway, real estate
number 004126 60- 000000 on upperatumb Alam Marada village of Islands Florida as legally described herein providing for the transmitt of this resolution to the Florida Department of Commerce and providing for an effective date. Uh the council again before we begin if you'll please disclose any exparte communications you may have had on this
item um uh as well as the subject matter as you recall. Uh Deborah uh Deb says that it's sorry being formal only well only my father was allowed to do that. Sorry. Um, I talked to Brett a couple times uh about this this the
whole thing. I It's both pro and con. I talked to Bart a couple times and I actually talked to Mark Greg about this. Don, I talked to Brett Bart and Elizabeth Jolen. Oh, I'm sorry. Brett, Bart, and Elizabeth Jolen. Steve.
None. Anna, I talked to Brett and Ty. Okay. Okay. And I'm uh Brett, Bart, and Ty. Remember, I need to add Elizabeth on my list. Sorry. Okay. Okay. Jennifer,
good evening. It's me again. Uh Jennifer Deborri, planning director. This is a reconsideration of the administrative appeal for transfer of development rights um for a transfer of development right from the sender site at 81912 overseas highway to the receiver site at
82601 Old Highway. This application was originally before village council in April of 2023. Uh the applicant originally sought an appeal of an administrative decision uh by the planning director to deny the transfer of development rights based on the
habitat um from the sender site and the receiver site not matching in accordance with our village code. when they came to um the village council, there was a lot of conversation about the types of hammock and habitat classes and
the council had a lot of conversations about that. I'vemmarked uh the meeting um here for you with uh timestamps. So, if you had a chance to review that, you had easy access to the meeting. Um but um at the meeting on April 13th, the council overturned the
plane director's denial and approved the transfer with conditions. Uh it is staff's opinion that all the conditions were profered by the applicant's rep representatives. Um you will I will just note um at approximately 1 hour and 26 minutes and 40 54 seconds into the
meeting when councilwoman now mayor Mahoney asked the applicant's representative what size home they were going to build. He referenced the plans in B pass and stated that it was around 4,000 square ft and joked, "It's not 10. I can tell you that much." And in approximately 2 hours and 17 minutes and
43 seconds, Councilman Greg asked if they were intending to proceed with construction along the lines of the BPASS application, and the applicant's representatives stated yes. And Councilman Greg then said it would have the effect of a BPASS approval with conditions. Based on those conversations, it's
staff's belief that these were proper conditions of approval. A recon reminder that a reconsideration of the prival approval would be a reconsideration of the entirely entire previously approved resolution. And in addition, any change to the prior approval would result in a
new resolution superseding the previous one and require rendition of the new resolution to the Department of Commerce. I would also like to note that we have not seen a new plan. If the applicant is proposing new plans, um we would argue that a new plan would have
to go along with any new resolution so that it could m make sure that the GOIA matched and everything matched. Um we have not seen that. So we are unable to make any comment on what is proposed at this time. And given all that and based
on the review of the record, we recommend that council maintain the conditions as approved originally. Let me ask you a question, Jennifer. If uh if they haven't submitted any plans, shouldn't they do that first before
you're shaking your head? No. So, I guess Okay. So, the the way uh BPASS works is you get you submit building permit plans, you get those approved, then you apply for BPASS. Got it. They were in the BPASS system with a set of building permit plans. Now, there are
times, and I'm sure the applicants representative will tell you this, that people submit what you call stock plans, you know, to sort of hold your place. Um, and because a lot of times Pass will take a long time and the building code will change over time and you're going to have to redo them to match the new
building code anyway. So, why spend a lot of time and money if you're going to have to redo them anyway? So, he will tell you that that was probably what happened. Um, so I think that's where we're at. But we I know that when this
originally came up for a request to change the conditions, I know I asked for, "Well, what are you looking to change it to?" I know I think John asked for to see a new plan and we never received any new plans. So, don't you think that would be helpful? The problem is is you're asking for an
incredible expenditure for plans. I see what you're saying. Without any shity that we will ever be able to build them. Well, it's hard to make a decision on something I can't see. Well, so typically with BPASS or let's start with the TDR transfer. Normal TDR
transfer. You transfer the TDR and then you can build according to the code. That's what we applied to do to transfer the TDR unit to the property and then build to the code. there is required uh uh grant of conservation easement which would not be required as part of bees
pass but we're fine with that because that's part of the TDR transfer is if there would be environmentally sensitive land it's part of a TDR transfer required to to place conservation easement we even agreed that we would enhance the hammock which was one of the selling points of this we'll actually
enhance the hammock there it's very low quality hammock we'll enhance that you have a beach berm in the front which is a limitation towards the seawward side you have side setbacks. So you basically have a scarified area that's a buildable area just like any other parser as part of a TDR. In fact, your code is being
changed to recognize that you can transfer to the scarified area of a property. In fact, in a little bit if we went back and applied for this, we would simply be approved for the TDR transfer and we would not be required to submit these plans. We're requesting to do that
is what it which is we'll keep the GOIA. We can't build in that. We have to have a setback from the hammock as well. We have to have setbacks from the side setbacks. We have to have the front setback. And we have to have the shoreline setback which is past the beach room. Provides a square area that
we can build in. We do not want to spend the hundreds of thousands of dollars for architectural plans if you're going to simply tell us no, you have to build what was in the condition. And so we feel that we've given you enough that we're asking for you to remove this
condition. provide that the TDR is being transferred to a scarified area. The other conditions require that and simply eliminate this fourth condition which does not have any bearing on what should or should be allowed and can be allowed to be built on this property by your
code. We're requesting to build within the confines of the code. That's simply it. And so I would hope looking at this property, looking at the area that's verified that you would recognize in the equity of the situation that the prudent thing to do is to grant this request,
eliminate the fourth condition and allow them to submit for building permits for allow them to hire an architect knowing I have a square an area that I can build in and now I feel confident I can spend this money to go build to that area. And
so I hope that you can grant this request and we're asking for you to do so. Thank you. Council, does anybody have anything for Mr. Smith? No. Deb, ask anybody else? I'll formulate my questions and
Okay, Anna, Steve, never know. Of course you're good. Now it's back to you. So the the a TDR Tell me if I've got this wrong, and Jennifer can weigh in on this, too, because she knows our code. You know our
code. Um, a TDR normally is um already is restricted to whatever is in the plan that was whereas in in BPAS, you're allowed to to make changes, but
in TDRs, you were not allowed to make changes. Is that true? No. When you submit a TDR application, you don't typically have to submit a plan. You're just asking, can I transfer this development right from this lot to this lot? Okay. So, I do have that wrong.
Okay. Ordinarily, there would be no plan submitted with the transfer of TDR. The application, by the way, the next the next application the next application is actually this transfer of six TDRs and in the application is the PL transfer six TDRs. So, yes, we actually already
got that project approved, but so we are doing the reverse. I wasn't quite done. Sorry. So, um I I did go back and watch those meetings. Actually, I watched the meetings before you put the time stamp
out and I uh reached out to that council uh in particular Mark Greg because Mark was the one that that made the statement. Um, and he was just, in his words, he was just trying to,
um, make sure everybody understood what was being built. Uh, earlier in the conversation, it was talked about, well, was it a 4,000t home or what? And Bart says yes and joked with his clients behind him and all that was asked. that
was never repeated when they were actually voting that it was it was just inferred that that's what it was. The house that that is actually on the plans is a smaller house. Correct. Correct. It's 1,600 ft.
So, I'm I'm not sure that there wasn't confusion when they voted on what they were voting on. Um, and I can state as the applicant's agent, I was there were three conditions that Mark read off, which were the three
that I profered on slides. That's what we understood. I actually didn't receive the resolution until right before I sent the letter identifying, hey, there's a fourth condition I didn't even realize about. I was informed that, oh, it's past the 30
days the to appeal it. uh which as it may be that's why we're here asking you to reconsider it in terms of equity and allow us to build within the scarified area. No one's trying to build and the shoreline setbacks past the beach berm
har the hammock the hammock setbacks preserve the side setbacks it's solely the scarified area that any other person would allowed to be bu able to build in I'll I'll I'll stop for now and let everybody else Don do you have something I just I didn't know we were having
council mckim communication I thought we'd wait till after public comment no you can do you can ask him questions I don't need to ask barley question I guess you're not needed. Anybody else? Before I Everybody in favor, go ahead, John. Can I just ask a question because again,
depending on where how the council votes, I want to make sure there's no confusion. And when when staff's analyzing it, um when you say the GOIA will stay because I know there are plans that were submitted with BPAS and there is a GOIA area delineated. Are you you're saying that
the GOI is already recorded? Okay. So that Okay. I just wanted to make sure that we that's that's how I interpreted it. But I want to make sure the first three conditions remain strike the fourth condition. Yeah. I'm just trying to avoid if if this passes and avoid any confusion. Very clear. Keep the first three conditions. Strike the fourth.
Okay. All right. Well, then we'll call you back up if we have anything else. Marne, who's in favor? Um, I want to clarify because it seems like we've got some folks have confusion over the number or the letter of the item and the
tab. So, I want to make sure that these two speakers intended to speak on this item. Um, I have in support uh Ty Harris and Scott Goss. Is that correct? Ty, are you in favor?
Do I have the wrong item? There he is. Pink. He pops right up. No, stop it. He popped right up. It's a D. I actually put in on the other one, but I am in favor of this. Ty Harris 110
Plantation Shores Drive. This started when I was the planning director and this is still what we've been working on for years about amending the code to get it right as far so that one little 600 ft piece of high quality hammock isn't
pulling 2 acres of disturbed property around by the nose so that we can't actually put a house where a house can go under our code. And so this is just I think there was confusion at that hearing um about
the size of the house. I think that's what it was. But this is a result of what you guys have been finally able to at least begin to fix, which is the the problem with the code. So of course I support this because um otherwise you've
got a really nice takings lawsuit on your hands. Thank you. Uh any Marne in favor? There's no one else signed up either, right? No opposed. There's no one signed up. Okay. Thank you. All right. Well, then uh anybody have it? Go ahead, Don.
So, one of the things that Jennifer brought up was that that meeting and a a few portions of that meeting. And what struck me the most was Mark Greg's question of is this much like the BPASS application? And the BPASS application
has nothing to do with size. the pass applications have everything to do with points and um and I think what I believe by listening to what Mark was saying is are you basically going to maintain the same points that that you've got in your
BPASS application that's being more than a foot above flood and water saving devices and and um you know wind load and those type of things. Um, I I we have never I know that a previous planning director
tried his hardest to uh restrict a a size of a structure uh from a certain square footage and it transferred to a certain square footage and that went absolutely nowhere. And it shouldn't have gone anywhere because a dwelling unit is still a dwelling unit regardless
of it's 700 square ft or if it's 7,000 square ft. And that's evidenced even by when we um when we assess uh sewer assessments on people. Um one .edu is assigned to a house whether it's 700 ft²
or 7,000 ft. Um do I necessarily agree with edus on that? Not really. But when it comes to size of house, a house is a house whether it's big or little. So I don't think the intent was ever to restrict the size of the house. It was
to make sure that they kept the same points that they didn't go into the beach berm into the hammock or any of that that whatever they're going to build is going to stay within the footprint of of the scarified area and and I'm okay with that. So,
okay, Anna, I'm totally good with it, too. They're staying in there. They're still keeping the GOIA. They're still staying out of the beach burn, following setbacks, following code. Okay. Okay, Steve. Um, I guess I'm wondering, you know, you
said that there might have been some confusion, but it was, you know, it was a matter of public record that you could have reviewed and I I think the timetable was Jennifer, you can correct me if I'm wrong, was about 2 years, right, with without any sort of uh objection and error or confusion. Maybe
that doesn't matter. I'm just curious why there was that long span before you brought this back. That's incorrect. Okay. Please. Uh, so the approval was April 2023. I was not made aware of the resolution until they went to apply for a building
permit. Met with uh Dan Per uh Perbroke and it was brought up the house had to be 1600 square ft. Upon that time I asked for a copy of the resolution. That's when I uh first discovered that the resolution contained a fourth term. I immediately wrote a letter to the
planning department on February 23rd, 2024. At that time the response was that he it's past appeal time. So at that juncture we we requested multiple times from the staff that we asked for it to be put back. We also asked the former village manager to put it back. And in
fact we asked uh Mr. uh Saunders this village manager to put it back. And finally when we could not get that result we went to the council almost 3 months ago. We actually pushed this back from 3 months ago uh requesting that this be brought on this agenda. So, at no point did we let rest on our laurels
to not get this corrected when it was discovered. Thank you for clarifying. Thank you. Okay. Anybody have anything else? I just want to add that I think the the big part of the conversation uh back then was the the use of this habitat and
whether or not it it didn't match our code at all. We are resolving that part. I don't think it had anything to do with size of the house either. It just got mixed up in it. Okay. All right. Uh, anybody have anything else? Are we
Do I have a motion? I I make a motion to approve or I don't know exactly how that's supposed to be. I was just going to say so to approve those. John, help me with this. I I I believe that that you want to grant the appeal filed by
the the appelony. Yes. Okay. which which would result in the removal of uh condition four from the resolution. Just approved a removal of condition four, keeping all the other conditions and protecting the habitat and and all
of that on the property. Do I have a second? I'll second that. Okay. Marty, would you call the role, please? Vice Mayor Don Horton? Yes. Council member Deb Gillis, yes. Council member Steve Freriedman, no. Council member Anna Richards,
yes. and Mayor Sharon Mahoney. Yes. The motion passes 4 to one. Okay. Thank you. So, we have a second section to E, John, or No. Okay. So, we're on F. Yeah. No. Yeah, we're on to F. We're buzzing right along.
Yes, we are. Go ahead. Uh tab F is a resolution of the village council by Lamada village of Islands, Florida, concerning the request of LH Islander LLC for a transfer of development rights of five or more hotel/moel units from the property located at 81450
Overseas Highway in Upper Madakumbi Key with real estate number 004630-000000 as legally described herein to property located at 8210 Overseas Highway on Upper Madakumbi Key with real estate number 0040081 10-00000000
as legally described herein providing for the transmitt of this resolution to the Florida Department of Commerce and providing an effective date. Okay. You want to ask? Yes. Um I got I got thrown off because of the first one. I'm too many zeros. Too many zeros.
Um council uh before we begin, if you'll please disclose any exparte communications you may have had with uh with anyone. Um, and uh, please disclose whether that person represented a group or entity as well as the subject matter. As you recall, Deb, um, sorry, I spoke with Bart and he
represents his clients. Don, uh, I, as best I can recall, Bart asked me one question. That's all. None for me, Anna? None for me. Steve, none for me. Okay. Good evening, council. Again, Jennifer
Devobrian, planning director. This is a transfer of development rights from the island Lah Islander LLC being treated as a major conditional use. Um, they have submitted an application for the transfer of six hotel motel units. Um, this application coincides with their
previously approved major conditional use um for the redevelopment of their islander property on the ocean side. the redevelopment I mean the transfer of these six units will come from their islander property on the bay side of overseas highway. The center site is
located at 81 81450 overseas highway in Upper Madakumbi. It is located in the tourist commercial zoning district and it contains shoreline and is previously developed with a mix of uses. The receiver site is located 821000 overseas highway in Upper Madakumbi
and is located in the tourist commercial zoning district and contains shoreline and is previously developed as a resort hotel with amenities. Again, the applicant proposes a transfer of six hotel motel units from the sender site to the receiver site. This proposal requires the application to be reviewed
pursuant to the major conditional use procedures outlined in section 30-218 of the code. The applicant has filed a declaration of covenants and restrictions removing the proposed rights from the sender site. The declaration is attached in your packet. If approved, the 25 hotel moton units
will remain on the sender site. The receiver site has received a major citial use approval pursuant to resolution number 24-12-140 for the development of an additional 56 hotel motel units from to the existing 114 hotel motel units. This application
is a companion to that approval. The applicant has previously received approval to transfer 50 hotel motel units from Creek Side in pursuant to resolution 24-12-124 and all of those resolutions are in your packet. The analysis is in your packet
um for the major conditional use. Um that being said, uh based on all of that, the staff recommends that the village council approve with conditions the applicant's request for transfer of development rights through the adoption of the task resolution with the condition that the prior to the issuance of any building permits, the applicant
shall record the executed declaration of covenants, conditions, and restrictions provided herein removing the six hotel motel development rights from the sender site. Anybody have anything for Jennifer before we listen to Bart? Anything, Don? Jennifer, as I understand it, when the
uh um the units that are coming from here were leftover units from a previous development that that when they redeveloped that piece of property on the Bayside, there were still more units that were Yes. Back in um 2005, there was a site
plan um I have that in front of me, a site plan approval for the redevelopment of a 25 room hotel representing the redevelopment of 31 transient motel units. Um the hotel formerly known as the Indigo Bay Hotel, right? Okay. So, they've just kind of
been um development rights that's been dangling over that piece of property waiting to go somewhere. That's correct. Uh and then um certainly you've uh this a stupid question but I'm still going to ask it. You have you've checked
to make sure that the density and all where they're transferring to that it can handle an additional uh six units. Yes sir. As part of the previously approved major conditional use these six units were included in that review and F was included in that review
in anticipation of this transfer taking place. Thank you so much, Deb, do you have something? No. Anna, Steve? Nope. Go ahead, Bart. Uh, yes. Bart Smith on behalf of the applicant and, uh, Jennifer's done a fantastic job of summarizing this. It is
literally taking the six leftover units from the Bayside part of the Islander, moving them to the Oceanside. They're the last six BPASS units required to be transferred in order for the conditional use to have all of the units on site. And so we meet the requirements of the
code and we're requesting your approval and I'm here for any questions you may have. Thank you. Anybody I I'm not going to do it. I think you did a fantastic job. Sometimes I'm just going to leave leave it all on you with what you did. I appreciate it. I don't want I don't want to waste anyone's time by listening. Anybody have anything for Bart before we
go for the public? Deb mic on. No. Okay. That's okay. Don. No. Okay. Well, then Marne in favor. There's no one signed up in favor. Against. Yes. First uh Sum Miller followed by Joe
Wishman. Okay, Bart, just stay around so in case we have something. Hang around. Dangles. He's tall. Sue Miller, lower Matakumbbe. I thought this was the most confusing agenda item I've ever seen and I hope
you understood it better than I did. But I will say that the question as to whether there's room on the property, I um calculate differently than Jennifer does.
I I have always believed from day one that um the the the village code in for the particular zoning classification of I think it's
um allows six units per acre or 12 with TDRs and so that in discussions back years ago, that
12 per acre is considered a bonus for transferring units because you typically transfer from a more environmentally sensitive property to a less environmentally sensitive property. And then you put a conservation easement or
restrictions on the sender site that is typically uh a more more in need of protection. In this case that that doesn't apply but the the purpose of of giving additional bonus
for transferable um rights is how you would classify only those being transferred. Not the ones that were originally on the property because they don't get a bonus because
they weren't part of the transfer. they they didn't um get transferred from a more environmentally sensitive they're not reducing development rights so they don't deserve a bonus. So when I
calculate the end result is that we have 114 of the original units I believe some of them four of them are being demolished or changed to non-residential floor area. So you have 110 and at six
per acre that that means that you're using up 18.33 acres out of 20 22 approximately. And and then you have all of that commercial square footage for restaurants and and
other uses on the property. And as it turns out to me, um, after you add the 56 that you already transferred from, um, Plantation Key, you're up to 23
acres that you need in the properties, 21.12 acres. So, you're already over the limit as to density. And so I just think that it's a planning concept that Jennifer and I don't um
calculate the same way. And I think it it needs to be clarified because it makes no sense to me to transfer um units and say, well, now we've transferred some units, so we're giving
all of the units the the bonus density. Does that mean that if you have 114 and you transfer one that all 114 get the bonus? At what point do you give the bonus if you don't calculate it the way
I calculate it? I thank you very much. Thank you, Marty. Next up is Joe Wishmire. short. Joe Wishmire, Plantation Key. I'm pretty much here to echo the same thing that
Sue just mentioned. I had that written down because I remember that from the last time that this was heard by the council and the same arguments were were made back then. Uh the other thing was uh as far as the traffic goes, we kept
bringing that up and here in the middle of downtown Marada where the traffic is the worst and now you're going to be adding 56 more units to a place that already can't afford to have any more traffic. And due to the fact that with
the objections of it was we thought it was figured wrong in the density, I don't think that you should be adding any more to that. Lastly, these uh workforce housing that they're going to be putting down at the creek side in well that all sounds good
and nice, but I'm sure that's only going to be workforce for the islander and it's not going to help out the rest of the community. Lastly, I know that the code it says on the agenda that a CO will not be
administered until the workforce is done at the creek side in. I believe that the code actually said that construction on the receiver site, which is the islander, cannot start until the sender site renovations are complete. Now, I
know there was talk about the council trying to change that, but there again, the code is the code and it is what it is, and I would hope that you adhere to that. Thank you, Marne. Anybody else? No, ma'am.
Okay. Anybody have anything for Bart discussion? Steve, you want to go first? Um, just a silly question or condition. uh that there was a reference to um fire
inspection fees being paid um as part of the condition. Is that has that been done? Will you that says there appear to be some fees owed to the village requiring fire inspections? Any approval received should be conditioned on payment of those fees? We're fine with that. Yes. H
yes, we're fine with that condition. I thought you might be. Thanks. Anything else, Steve? Anna D, I just had a response to the traffic. Um, the traffic
technically is been at the Islander Bayside because that's where the properties were lodged. That's where it was counted originally, even though that they haven't been used in since I don't know what that year was, 70 07 maybe, maybe 10, I don't know. Um
so to you know we're just relocating the traffic in my mind uh because of that. Um and uh that's the only thing I had to comment on. done.
Um, I wanted to address I think Ron and I were having a discussion on something else with one of the lead people at the Islander and the um affordable housing they're doing did come up and they do not see using all that affordable
housing. So, it will be available to uh other people here in the community. So, I do want to put that out there because Ron, if you remember, we had that discussion with him and he doesn't see even using half of it. So, there will be housing for other people. So, I just want to put that out there.
Don, they'll have to report it anyway according to IKO who's living in there, what their rent roles are, what their income is. So, we'll we'll be able to verify that whenever the exchange happens. Okay. Anybody have anything for BART or we motion?
Well, and along that affordable housing the They wouldn't be exasperating. They wouldn't make it any worse if they made it all their employees anyway. They're at least not making it worse, right? No, of course not. Do I have anything
else? A motion. And motion to approve. I'll second. Marty, would you call the role, please? Council member Anna Richards? Yes. Council member Deb Gillis. Yes. Council member Steve Freriedman. No. Vice Mayor Don M, excuse me, Vice Mayor
Don Horton. That's me. Yes. And Mayor Sharon Mahoney. Yes. Okay, that motion passes four to one. Thank you. Thank you very much. Great seeing you. And Sue, I will lower this next time. Okay, John. All right, last but last but not least,
this is tab G. You think it's going to be long? Is it? Everybody's shaking their head. I just had somebody ask me, "Do you want to take a break before Crooked Palm?" Do you guys I just heard no. What do you guys feel? Whatever youall want. I'm good to go. Good. Yeah. Okay.
Do you want Okay. All right. Go ahead, John. Okay. This is tab G. It's a resolution of the village council of Alamara Village, Florida, considering a request of 90184 Overseas Highway LLC for an amendment to the major conditional use approval PLCUP2010151
to allow for the removal of six conditions of approval under resolution 22-12-138 for property located at 90184 Overseas Highway on Plantation Key with real estate number 0043187-000000 as legally described herein providing for the transmitt of this resol.
resolution to the Florida Department of Commerce and providing for an effective date. And council, again, before we begin, if you would please disclose any exparte communications you may have had with the applicant or anyone else, and please include whether the person represented any group or entity, as well as the subject matter as you best
recall. Deb, Mike, I may add on, but Elizabeth, Jolan, and Chris are the only two I think of right this second. Don As best I can recall, um, I spoke to
Chris, I spoke to Brett, I spoke to Dicki, I spoke to Joe Wishmeer, Roger Young, and, um, I only got five emails. Okay, Steve. None. Anna,
I spoke to Chris, Whitney, Ty, Brett, Roger, Jason, and I think Caitlyn. I spoke to Ty. I forgot Ty. I know, right? You're in trouble. And I forgot Joe Wishmire and Sue Miller.
Okay. Can I ditto for me for everybody? I mean, so we don't have to go through all this again. Okay. So, uh, Jennifer, I believe this is you. Yes. Good evening again. Jennifer Deolriam, planning director.
This is an amendment to the major conditional use PLCU 2022 0151 for 90184 Overseas Highway, the Crooked Palm Distillery. On May 29th, 2025, CBT Construction on behalf of 90184 Overseas
Highway LLC submitted an application to amend the conditions imposed by a major conditional use permit for the Crooked Palm Distillery located at 90184 Overseas Highway. The major conditional use permit was approved with conditions on December 6, 2022 under resolution
number 22-12-138 for the redevelopment of the property for a brew pub restaurant distillery on the first floor and the continuation of seven D-restricted residential housing units on the second floor along with outdoor seating. The amendments to the
conditions included removing the following conditions. Condition number six, the hours of operation of the brew pub restaurant distillery interior shall be limited to the following. Sunday through Thursday 11:00 a.m. to 11:00 p.m. Friday, Saturday, and holidays 9:00 a.m. to 1:00 a.m. The applicant owner
reserves a right to request the modification of the hours of operation after due public hearing. Any extension of the hours of operation shall be evaluated based on potential impacts to surrounding residential development, including a review of past noise complaints. Number seven, the hours of operation of outdoor seating area shall
be limited to 11:00 a.m. to 10:00 p.m. Sunday through Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday. The use of live amplified music shall be limited to 8:00 p.m. during the week and 9:00 p.m. on weekends. Condition number nine, the village council reserves the right to revoke the major conditional use and
terminate operation of the brew pub restaurant distillery at any time after due notice in a public hearing in the event a violation of these conditions occur. In addition, in the event operation of the brew pub restaurant distillery results in noise violations as defined by the village noise ordinance, the village council reserves
the right to further restrict the hours of operation of the brew pub restaurant distillery, including the outdoor seating area after due notice in a public hearing. Excessive, unnecessary, or unnaturally loud noises shall be determined pursuant to the village code chapter 18 new seasons article 4 noise
as may be amended from time to time. Noise disturbance means any sound that is unreasonably loud, rockous, or jarring, causing an adverse psychological or physiological effect on humans, unreasonably interferes with the enjoyment of life or property, including outdoor recreation, or is a nuisance as
defined by chapter 18, as may be amended from time to time. Applicant owner shall be provided an opportunity to address and remedy or cure any noise complaints prior to reduction in the hours of operation. Condition 11, delivery shall be limited limited to the curb cut
adjacent to Gardinia Street as shown on the site plan entitled Crooked Palm Distillery 90184 Overseas Highway, Island Marada, Florida, prepared by DJ Oak Architecture and dated 110422. The village reserves the right to address any traffic safety concerns
associated with the operation of the proposed loading area after due public hearing and testimony provided by traffic safety expert. The applicant owner shall be provided an opportunity to address, remedy, and otherwise cure any traffic safety concerns associated with the proposed loading area provided
prior to determination by the village council. Condition 16. The applicant owner agrees not to place live music within 75 ft of Gardinia Street property line and maintain compliance with the village of Alamada noise ordinance as may be amended from time to time. In
condition 17, the applicant has proposed a food truck as part of the use. The intention of the food truck is to provide food options that are currently lacking in the village activity center and as such an integral part of the operation. The applicant owner agrees that during the hours of operation, food will be available for sale and
consumption on site or to go. Any interruption of food service will be temporary and shall not continue for more than two weeks. The property is zoned village center and within the mixed juice I'm sorry, mixed juice future land use map designation. The property has
frontage on Overseas Highway, Gardinia Street, and Palm Drive. The surrounding land is characterized by a mix of residential and commercial uses. Properties along Overseas Highway to the north, and south are zoned village center. There is a residential neighborhood located to the west, northwest, across Gardinia Street.
Across Overseas Highway is a large conservation area, a large commercial property, and a church. [Music] In accordance with section 30-216J, a development permit for conditional use may be amended, extended, or varied or altered pursuant to the standards and
procedures established for its original approval and is otherwise set forth in this chapter. Before any conditional use is amended, extended, varied, or altered, the applicant shall demonstrate that a change of circumstances or conditions has occurred which make it necessary to amend, extend, vary, or
alter the conditional use. As this was a major conditional use approved by the village council, it can only be amended by the village council. The applicant has provided a letter justifi providing justification for their request. In your packet is the review of the
request for conditional changes in regards to the conditional use requirements. Um, and my review and I have and I'm not going to go through that, but it's in the packet. Um I did want to point out there was um in conversations with some of the neighbors there was some confusion about the hours
of operation. Um I did get clarity um from the applicant. They are looking for uh no restriction on hours of operation and the same as every other business in the village. We don't restrict ours on anybody. Um, and as far as outdoor
music, uh, they would want to follow our noise ordinance, which is outdoor bands, amplified music, and entertainers on all approved commercial properties between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and 7:00 a.m. and 11:00 p.m. Friday and Saturday. So,
that is the request. Um, I'm being told by the applicant, and when they come up, you can certainly clarify that them, but that is the request that is told by them. Um, based on all of that, staff has refuted the request for the amendment to the major conditional use and has determined that the applicant is consistent with the goals, objectives,
and policies of the comprehensive plan and complies with the applicable provision of the code of ordinances. At this time, staff recommends council approve the requested amendment. I'm here if there's any questions that you have. Anybody have anything for Jennifer, Deb? Not at this time. Don?
No, ma'am. Anna, Steve, no. Okay. So then uh do we have someone who wants to come up to speak on uh to start Chris? Good evening council. Chris Trentine
Marada and this is uh Good evening council. Thanks for hearing us today. Nick Schro with Alam Marada. Um we have a presentation we put together. I know you guys have it in your packet. It's similar. It's got some facts, questions, concerns. We can go
through it or I mean I think you guys have all seen it. It's up to you. I think everybody in the Everybody good? You want to see it or you good? You're good. You're good. They're good. Everybody, I think in the audience is knows where they're at. Um, as well,
obviously, we've uh spending a lot of time in this process. I'm sure you guys that weren't in the meetings saw the meetings the last four years we've been kind of going through this. So, um this is just a, you know, we should show showed good faith for the last, you know, year and change uh since we've
been open and just feel like we're should be allowed to have the same um hours as other businesses and um try try and maintain a a strong business model and keep moving. So, if you have any questions, let us know. Anybody have anything for Chris, Steve?
Um not this time. Not at this time, but maybe later. Anna, Don, Deb. Uh, not right now. Thank you. Not right now. Okay. So, we're good for now. All right. All right. We'll be back. I don't think he's going to leave. Uh,
Marne in in favor. Yes, we have a few. First up, Ty Harris. Thank you. Ty Harris, 110 Plantation Shores Drive, Alen Marada, Florida. Uh this restaurant and um in distillery are
in my neighborhood. I'm across the street in walking distance and very excited to have them. It's nice to have a couple of new things including uh Leo 72 to give us some options where we don't have to leave uh our own key. Um,
but one of the things I wanted to point out and it's we've kind of touched on this before, but our code is based on intensity of use. If you look at our code, we have as of right uses, we have minor conditional uses, and then we have major conditional uses. And those and
those are based on how intense the use is. And intensity is actually um defined by the the trip generation rates. You've heard everybody talk about, oh, the traffic, the traffic, the traffic. So I took a look at um the IT manual which is
the Institute for of Traffic Engineers which is the Bible for generating trips and the bank which was there which set the baseline for the trips in that area. A bank of 3,000 square ft under air with two drive-throughs generates 300 daily
trips. There's not a distillery tasting room um in the IT manual currently, but there is tasting rooms and and food service and attached to a winery. And for that same
size, the number of trips is 72. So when we look at intensity of use, um overall the number of trips being generated are fewer by the distillery and the tasting room than than what the bank generated. And that's important
because the process that we put Chris through wasn't appropriate. It should have been a site plan approval with an outdoor seating license, not a major conditional use application. And we can have this debate, but I don't believe it's the job of the planning department
to to negotiate conditions between neighbors and and business owners. Their job is to determine whether or not the application meets the requirements of the code. And you've seen what's happened when we've had planning directors in the past that have attempted to do this. This is your
second second application after Safari where we're trying to unring a bell um where we've put expectations on neighbors um and we've hurt the businesses that are trying to to compete with with other businesses. So, I would
ask you to to allow Chris to to move forward without these conditions. And remember this, when people go, "Oh, well, it it's going to run forever, run forever, run forever, u and we have a problem with it. What are we going to do?" The village always has the
opportunity to shut down any business if it determines it's a public nuisance. So, that that doesn't have to be in any condition. You always have that right. So with that, um, I would urge that you let him operate like everybody else in town and, um, and follow the village's
rules, not somebody else's rules. Thank you. Thank you, Ty. Go ahead, Marty. Just just a reminder, if you're going to um cheer, just do a silent cheer. Do the hands. Yeah. Otherwise, you know, we'll we can be delayed a lot. Do a hand wave if you're in support.
Okay. Go ahead, Martney. Next up is Scott Goss. Thank you, Scott Goss, Plantation Key. Um, you know, since Crooked Palm opened, it's just been like, uh, it was already said, it's just been great to have a new place that's in a location that you don't have to take our, you know, as a
family, we can go out and uh, and spend time with other families that are uh, that are within the local uh, the local community. And it's very family oriented. It's got a place, you know, in the back where where kids can uh uh can can still be there and and have fun. Um it's right in the the heart of the res,
you know, not in the heart of the residential area, but it's it's it's in proximity to where we don't have to drive, you know, a long way to go and, you know, get some food and and again socialize. And, you know, when I go there, I just the the atmosphere, it's different than anywhere else that's down
in Upper Madakumbi or anywhere else. It's just there's community happening there. there's a lot of locals, you know, patron the place and um and it always seems, you know, pretty low-key and communities happening there and uh it's it's a great place and it would just be great to see it um you know,
have the same um hours as as other establishments. I mean, a lot of times that that affects, you know, if we can if we can patron and go there on a particular evening or not. So, be good to have it uh just the same as everybody else. Thanks. Thank you very much.
I cracked myself up. Marty, next is Jason Richards. Jason Richards, 193 Hibiscus Street. Council members, thank you for your time. I prepared a speech, so of course he did. Um, I want to address the proposed
restrictions on Crooked Palm. The restrictions that were uh put in there. I think somebody said it a second ago. Code is the code, right? So why is this different, right? The code for every other restaurant is something different
from what you're putting the restrictions on Cabana Bar. So in saying that, let's be clear, it's not a noise issue. One of the main one of main opponents lives in the neighborhood probably six lots away. I visit the Cabana Bar on a
weekly basis, sometimes two times a week. I barely hear noise coming from across the street. What really puzzle me is a double standard. I personally have witnessed DUI stops, a crime scene tape from somebody pulling a handgun, and at least 10 adults urinating in the bushes
outside the gas station right across the street. But yet, nothing from these same complainers ever gets brought up. Instead, they focus in on shutting down a small business that provides safe, family-friendly entertainment for our community.
Cabana bar is a legitimate community gathering spot. It provides jobs, supports the local economy, gives both residents and visitors visitors a safe place to spend their evenings. Cutting them their hours is effectively telling customers to go somewhere else and sets
a dangerous precedence. A gabana bar isn't just a business. I've had many of severe Uno games. It's the only place I'm allowed to be all-time quarterback with the boys out in the sideyard. Cutting ML off at 8:00 doesn't protect
our community that hurts it. Let's support Let's support this place that brings us together, not punish them. I urge you to give the Cabana Bar the same fair treatment as every other restaurant. Thank Thank you very much. There you go. Hand waves. I hope the camera sees that.
All right, Marty. There are no others uh signed up in support. Okay. And now we move to against. Uh first up is Diane Wishmire. Diane Wishmire, Plantation Key Colony.
Madame Mayor and Council, first I'd like to thank the owners and employees of Crooked Palm for honoring the rules that were agreed to at the December 22nd, 2022 meeting. There were a couple of incidents where cars are racing down Gardinia Street to look for parking or turnaround, but that was for some
special events. Um perhaps we need a larger dead-end sign that's needed at the corner of Palm A and Gardinia. When I spoke at December 2022 meeting about the major conditional use for Crooked Palm, I knew what the council vote was going to be before the vote
occurred. And tonight, I feel the same way. So, I'm going to take the same approach. I'm going to try to be the voice of compromise. But before I do that, I want this council to know what occurred before December 2022. For over a year, Gardiniah Street residents, met
with planning director Dan Gallesio to discuss parking, occupancy, inside hours, outside hours, music, and landscaping. Dan would meet with owners, and then update us on how negotiations were going. We compared hours of operation with the Alamra Brewing Company further down the road. Gardinia
Street residents were invested in a solution that we could live with in case the Crooked Palm Cabana got approved. So, when I spoke on December 2022, I requested music and outside hours be limited since it's adjacent to a family-friendly neighborhood. I don't feel comfortable speaking at these
meetings, especially because after we all spoke that night, we had to listen to Mayor Pender go through all the residents that spoke in support of Crooked Palm and state how good these people were. And I don't disagree with that because they are all good people. But he made us, the Gardinia Street
people, feel like we're not good people. So, it does not surprise me that not as many people are in opposition here tonight. We feel defeated and we feel those 17 months of work for a compromise was for nothing because here we are when the village council has the opportunity to undo all of our efforts. But now that
I have that all out of the way, here are my concerns for compromise. Music. Leo 73 has outside music on the other side of US1. They stop at 9:00 p.m. every night. In December 2022, I just asked for music to end at 8:00 p.m. on week nights and 9:00 p.m. on weekends, which
is reasonable for a business next to a residential neighborhood. So, tonight, I request that the music could end at 9:00 p.m. on week nights and 10:00 p.m. on weekends. I think that's reasonable. I don't know of a place around here that has outside music past 10 p.m. I don't get out much, but before another council
member tells me again that when I bought my house 25 years ago, I knew I was living down the street from a commercial building. Well, I've that house for for 20 years, the building was a bank. In fact, a few different banks. So, why would I ever think a bank building would
change to a bar and a distillery? As for hours of operation, if business is slow now with the current hours of operation, why would extending the longer hours solve anything? What's the true purpose of staying open till, say, 2:00 a.m.? Is it for Crooked Palm, or is
it for a future business that may take over? Why do the hours have to be longer than the hours at the islanding company? So, I was just requesting some full transparency on the reason for that. I do watch many of these council meetings online at home. One of the reasons I
don't like coming in person is cuz I have to look at that village mission statement on the wall cuz I do believe it's sometimes false advertising. I'm not sure how I can have a quiet enjoyment of life if the business hours and outside music are extended. Thank you for your time.
Good morning. Thank you, M. Next up is Sue Miller. Sue Miller, lower Makumbi. I've been hearing a lot lately about what a good guy Chris Trentine is, and I don't know him well enough to judge, but I guess he really is a good guy, but I don't think
that's why we're here tonight. Um, I have numerous uh irregularities that I found about this public hearing. The applicant applied for a minor deviation to a conditional use. The deviations requested are not minor and the staff
recognized that and changed it to a amendment to a conditional use and I agree with that. But the original fee that was paid in uh the do deposit was
for a different application. Uh I don't even think there's a process uh for an amendment to a major conditional use in our code. the um while the application from the property owner does not indicate that
there is a new site plan, the um original site plan that was approved uh in December of 2022 included in their agenda um was different than what we're seeing
tonight. Tonight's site plan was dated 314204, well after the um the site plan that was approved. I couldn't find any place where that
31424 site plan was approved and it differs from the site plan that was approved by the council in December of 2022. While there's no approved process for amending a conditional use approval, the
village code section 30-216J says before any conditional use is amended, extended, varied, or altered, the applicant shall demonstrate that a change of circumstances or conditions
has occurred which make it necessary to amend, extend, vary, or alter the conditional use. I can't see where the applicant has demonstrated a change of circumstances or conditions that make it necessary to amend the conditional use
that was previously approved by council. According to the staff report, the applicant provided a letter providing justification for the request. Justification letter does not provide what change of circumstance necessitates
a change. The limitation on outside hours has been a burden and is affecting our ability to operate. Yet, he's not operating at the hours that were approved. He's operating at shorter hours.
He doesn't like that the councils have a right to revoke that the condition creates an undue risk of losing the ability to operate. That was the same condition that was just approved for um Kousa Cove and
nobody objected to it then. So it's not the only business that has that. It's the ones that have new conditional uses approved. I believe live music within 75 ft of Gardinia Street. We ask that this
condition be lifted now that a mature hammock of landscaping has been developed along the rear of the property. We know that that noise goes through uh hedges pretty easily. Food truck requirement is a burden to the
property and limits future operations and flexibilities. I don't see where that is something that mandates a change. That was part of their plan. None of
these justifications provided are changes of circumstances or conditions. The circumstances remain the same as they were when when the conditions were negotiated and approved during the minor conditional use approval. several times
that letter stated that no other business had the same conditions. I disagree with that. I think there are conditions that have been placed uh specifically because of businesses in a unique situation across the street from a residential neighborhood that is
popular with families with young children because of the proximity to schools. And I understand that there are families that enjoy going there, but isn't it because of the conditions that have been placed there? It's 300 ft away
from a church. The council's right to revoke was willingly added by both parties. The applicant accepted these changes to demonstrate his intention to abide by the conditions and be a good neighbor. Re removal of the conditions
is a huge concern because it suggests the good neighbor behavior. Can you wrap it up? It's been five minutes. Thank you. Mhm. Thank Mley. Good evening everybody. Um, I'm a
capitalist. I want everybody to succeed. Restaurants fine. They haven't really bothered me. Um, people that were Can Can you give me your name and your address, please? Timothy Moley, Gardinia Street, 159. Thank you. Thanks a lot. I'm directly across. Thank you. Um, again, I'm a capitalist. I want
everybody to succeed. The the place has been quiet. Everything has been fine. Um, people that came and spoke for this don't live on Gardinia Street. they're not going to be affected like I am. Um the mission statement was was stated. I mean, it's clear clearly going to affect
me. Uh safety is another issue. I have two teenage daughters. You know, loud music across the street from my house. Um just the leniency that's been awarded to this applicant is quite frankly a lot. Uh from residence
on top of a brewery to parking. I mean, how far are we going to go? That's all I've got to say. Thank you. Good morning. Next, excuse me. Next is Rick Parin. Yeah, my name is Rick Parin. I live just
down the street from Tim on Gardinia Street. Basically the same feeling, more about safety than anything. I would even go as so far as to have the the the county put in speed bumps down that street because once you get liquored up,
your car seems to go faster. We do have a lot of children in our neighborhood. Um, not during school hours. I'm glad that they're not functioning at full potential, but uh it's just not really safe and it's it's not bothered me the
noise. I have impact windows and doors, so I don't hear it. But if I go outside to enjoy myself, I do hear it. Thank you. Marie, next is Joe Wishmire. Does it say five minutes on that?
Mhm. Okay. Thank you, Joe Wishmire, Plantation Key. First of all, I want to thank you for giving me a little bit of extra time here. For over 17 months, owners and neighbors diligently l work together to create 19 conditions for
approval to help protect the neighborhood and the owner from violations that would negatively affect our residential neighborhood. There are even about five houses within 50 ft of the property. Let's review village code upon which you are supposed to follow in
rendering your decision. Section 30-216J states that before any conditional use is amended, extended, varied, or altered, the applicant shall demonstrate that a change of circumstances or conditions has occurred which make it necessary to amend, extend, vary, or
alter the conditional use. Let's examine the conditions that they want removed. Number six and seven hours of operation inside and outside. Currently, the interior hours allowed are Sunday through Thursday,
11:00 a.m. to 11 p.m. and 9:00 a.m. to 1:00 a.m. Fridays, Saturdays, and holidays. Due to a lack of business, I go by there all the time and don't see the parking lot very full. The actual hours are closed Monday and Tuesday.
Wednesday, Thursday, and Sunday, 11:00 a.m. to 9:00 p.m. Friday, and Saturday, 11:00 a.m. to 11:00 p.m. The applicant is requesting to extend the hours until 2:00 a.m. every day, while closing at 900 p.m. currently on weekdays.
Number seven, the outdoor hours allowed are the same, Sunday through Thursday, 11:00 a.m. to 10:00 p.m. and 9:00 a.m. to 11:00 p.m. Friday and Saturday. Again, actual hours closed Monday and Tuesday,
Wednesday, Thursday, and Sunday hours 11:00 a.m. to 9:00 p.m. Friday and Saturday 11:00 a.m. to 11:00 p.m. Wants the outside hours to match the inside hours, which is 2:00 a.m. every day in a residential neighborhood. In his letter
to the council, the applicant states that the limitation on outside hours has been a burden and multiple guests walk out daily because they want to dine outside. That's what it says in the letter. Obviously, this is giving false
information to the council because refer back to the hours of operation that I just gave you. They closed down before they were even supposed to or allowed to. Condition nine. Council's right to revoke applicant claims that
this condition is unnecessarily unnecessary and subject to being a political pawn. Oh, you mean like you're doing now by requesting these changes after agreeing to them. Integrity. I brought this up the other night. A man's
word is his bond. When you give your word, people expect you to abide by it. That's how we got the votes necessary to even open. Violations have to be filed, investigated, and then a public hearing after giving the owner a chance to
correct any violation. So, it's not just arbitrary by any particular council. The applicant has not demonstrated that a change of circumstances has occurred. Deny the application and help safeguard our neighborhood from current and future
owners. He has been a good neighbor. We haven't had complaints and I believe that that is due to him following the conditions that he agreed to. If you're not going to violate the conditions, then we shouldn't have to
worry about ru about uh getting any repercussions from that. In the agenda, the comp plan number six states to avoid encroachment of incompatible commercial activity into established
residential neighborhoods. Putting like a hog heaven in the middle of a residential neighborhood. Do you think that that is compatible with a family neighborhood? So, I wouldn't want uh that to happen. We did have a meeting
with Jennifer and in that meeting we discussed how there is no actual procedure for this which is why we have all the confusion the application minor deviation the public notices we talked about that they're supposed to be every
200 ft. We brought up to Jennifer that their one sign was down and two were right next to each other. She said that they would go and take care of that but that hasn't been taken care of. We just heard that tonight. We didn't have proper public notice. We had to actually
delay that. So, that could uh happen here again. If we're going to do this, we need to make sure that we come up with a proper procedure. Thank you, Marne. Next is Colin Divera.
My name is Colin Divera. I live at 187 Gardinia. I think the restaurant's awesome. The food's great. Atmosphere is great. I just don't like the noise. I'm a cancer patient. I do my chemo overnight. All I hear is the bands. Last night in
particular, 11:40, all I heard was music. Aren't they supposed to be finished at 11:00? Who's Who's going to stay in charge? Who's going to keep an eye on this? I have to live there. I have to hear it. Again, restaurant's great. Keep the hours the way they are. I don't think it should change. That's
all I got to say. Thank you very much, Marne. Next is Jim Quigley. Good evening, council members. Jimwigley, Plantation Key. I live across the street from Crooked Palm. I oppose
the request to amend or remove the conditions of the major conditional use. When Crooked Palm was approved, it was not approved outright. It was only approved with strict strict conditions
on hours of operation, outdoor music, parking, and council's ability to enforce compliance. These conditions were the very reason the council granted the major conditional use in the first place. They
balanced the applicant's right to operate with the neighborhood's right to peace and quiet. The applicant is now asking to remove the same safeguards. Specifically, they want to extend hours until 2:00 a.m. or later, allow outdoor
amplified music well past the current cutoff, and strip away the council's ability to enforce compliance. These changes would fundamentally alter the balance that was struck in 2022.
We have children across the street, 9 and 10 years old, who need sleep for school. and I have a one-year-old granddaughter. We also have retirees and working families who deserve quiet enjoyment of their homes. The applicant
wants approval for outdoor amplified music until late at night combined with extended hours of traffic with music and acti activity carrying into the early morning hours. I oppose
these changes as well as their request to remove the council's ability to enforce compliance. It is important to note that we have no complaints during the past year, but that is not proof the conditions are
unnecessary. On the contrary, it proves the conditions are working. They are guard rails that have kept this business compatible with the neighborhood. If you remove them and remove the council's ability to enforce the compliance,
the residents will have no recourse. We are not against business. We want Crooked Palm to succeed. We success, but success must come with respect for the neighborhood. The general conditions are not optional. They are essential. I
respectfully urge you to deny the request for amendments or removals and to preserve the protections your council put in place for the residents of Plantation Key Colony and the surrounding community. Thank you.
Thank you very much. Marne Alanar Quickley Good evening, councilmen, members, and staff. Eleanor Quigley, Plantation Key. I live across the street from Crooked Palm. I oppose the request to amend or remove the conditions on its
major conditional use, especially conditions 6 and 7. A request to stay opened till 200 a.m. to extend the outdoor hours to match the indoor hours and to remove the outdoor music limits. Condition nine to remove the council's
right to revoke the permit if violations aren't corrected. And eliminating the food truck condition would change the approved MCU from a brew pub restaurant distillery to just a distillery bar in a residential area. This property is too
small in constraint and has many logistical restraints. Delivery, loading uh and loading are already major issues. This project was approved with significant leniency with strict conditions to offset major code
relaxations. An outdoor seating area addition took up major a majority of required parking where code required 70 to 105 spaces. Only 27 of 41 are provided for the g patrons. That's a 41
to 61% shortfall triggering condition 10 to maintain a shared parking agreement. 100% relaxations were given for parking islands, buffer yards, and street trees on US1. In addition, federal law concerns exist over whether a distillery can legally operate beneath 70
restricted housing units. The application now seeks to eliminate these MCU conditions, but let's be clear, nothing about our neighborhood has changed. We are still a residential community with elementary school children across the street, retirees next door, and families who rely on
quiet evenings and a good night's sleep in their homes. The only thing that has changed is the applicant's desire for fewer restrictions. We want Cricut Palm to flourish, but is not not at the expense of our neighborhood and residents rights to quality of life issues. If if you remove these
conditions, residents lose their only recourse and the original balance this council struck in 2022 disappears. Worse, it tells future applicants that conditions are temporary hurdles rather than binding commitments. These conditions are working. If you remove
them, you are not only impacting today's residents, you are setting a dangerous precedent. You would be telling every future applicant that conditions of an MCU are temporary, negotiable, and easily discarded once the approval is in
hand. That undermines the credibility of this council and the and the trust of the community. For these reasons, I urge you to deny resolution 22-12138 and preserve the original safeguards that were necessary for approval. Thank you.
Thank you, Mark. Next is Jay Quigley. He's not here. Thank you. Uh, next is Michael Carney. Mr. Carney, before you Mr. Carney, before you, Mr. Carney, before you come
in, I saw you come in after we had sworn the witnesses. I just need to make sure that you're sworn in for the um uh to give public hearing. Yeah. The the clerk can swear you in now. Okay. In the matter in which you are about to give testimony, do you swear or affirm
that you'll tell the truth, the whole truth, and nothing but the truth? I do. Okay. Thank you. My name is Michael Connie. I'm opposed to all the changes requested. I live across the street from Crooked Palm. As a matter of fact, I enjoy the smell of their garbage pel that they moved across the street from my house. It is no
longer in their property because of the smell and the flies and stuff. So, they moved it down the road where it's more convenient for them to be away. They leave the garbage open all the time. I got rats now. I got flies. I'm opposed to it. I agreed to the other options
when it was first opened up. It's been quiet. It's been nice. And it was mentioned that before that it was a bank. Had more people in and out of that bank. I guarantee you nobody ever left the bank drunk. You keep it open for 2:00 in the morning, we're going to have
drunks. Okay? And it's children are up and down that street till 10 11:00 at night. People are going to get killed from drunk drivers and I oppose it. Okay? That's what I have to say. Thank you. Thank you, Marne. Anyone else? Yes. Last
is Pascal Schlaggel. Okay. In the matter in which you're about to give testimony, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? Yep. Thank you. All right. Can you tell us your name and address again? My name is Pascal Schllegel, and I live
in uh the colony in Gardinia Street. Okay. Thank you. Good evening. Okay. I live in the quiet neighborhood of Plantation Key Colony. The neighborhood could be summarized as a family, school,
community, elementary, and high school are within this community. I would like to bring up three main points before you decide to bring more crime into our family neighborhood and lower our
property values. And why would you even consider this? The first point is it is a fact that the bars that serve alcohols are the source for 80 to 90% of DUIs in
the Florida Keys and bars that stay open later are responsible for the major of these 80 and 90% DUIs. Beside the crime of DUI, there is also a
higher incidence of fantal car accidents, assault, vandalism. Additional our police force will be impact. Second point, by allowing this ad on
provision to alcohol service, establishment into a family neighborhood, you are making the area less desirable, thereby lower property values.
Just be clear. If you sign off and allow this provision to the crooked pal, you are saying yes to more crime like assault and devices DUI to our families and in the process
lowering property values. You are placing yourself and our community in a very risk and both liability and harm. Why? Third point, a final point in the live
music. This is a quiet neighborhood and we would like to keep it that way. The brushes around the palm crooked, they do absolutely nothing. That's actually proved to
reduce the sound levels. I have to say how the handling now the cook pal I like it. I have no rejection to that. But I I can believe it that we still stand here after a year fighting for that and be
again to change it. Well, thank you so much. That's it. Thank you, Marne. There's no one else signed up to speak. Okay. Okay. Council, um, where do you want to
start? Deb, do you want to start? Don, um Christie, do you guys have any kind of rebuttal or any comments that you need to make before we get into council communication here? Yeah, just a couple comments. Um when we
started this process, um we started with we've been through many different planning directors and village managers and um and different uh employees of the the village. But, you know, going into this and and getting kind of pigeon
holed in these conditions, they they actually told us like once you get through this, you know, come back to us once it's you guys have had some time. I'm sure it'll be all right. You you know, we can work out and go go for the normal conditions that everybody else has. So, you know, the back and forth
and you could probably find that in some of the public record. Um, there's been a, like I said, a lot of back and forth and uh, you know, just like I said, we doing everything we can. We built the place. Whole reason we did the place in the beginning, I don't remember, is because of the way the comprehensive
plan does read that they want establish establishments like the one we built. Um, otherwise we wouldn't have done it. You know, they want things like banks and stuff to be turned over to some places that bring in people, bring in community. Um, so that's that's the whole reason why this this this came
about and Crooked Palm came about. So if you have any questions, let us know. Anybody have anything? Yeah, Nick. Sorry. I just like to Nick Shro for the record. Um 100% of DUIs are committed by people and people are ultimately responsible for their own actions. So I just want to
make sure um that's understood because we're we're simply trying to run a business that people enjoy and play by the same rules that everybody else plays by. Thank you. Okay. All right. Council, where do you want to start?
Who wants to start? Come on. Jump in there. Come on. first. You like to go first. I always let you go first. Okay. I want to start. Well, okay. What me?
Uh, let's start with the hours. I've literally sat there and watched people walk out of that restaurant in the evening because they couldn't stay there any longer because they were told they couldn't sit outside past 9:00 and people wanted to be outside. They left
and went to other establishments. I've witnessed it. I've also sat there. It doesn't matter. It's it's the point of what I'm trying to say right now. Um, I've also sat there and couldn't
hear the music playing because there was so much going on at 7-Eleven between police being there and um, kids and there was literally a BMW got stuck up on a curb and there was tow
trucks and everything else happening. So, I find that very hard to believe on anything else. and staying up till staying open till 2 am. They're not saying they're going to, but why should they be restricted when nobody else in this community has these restrictions?
It's almost discriminatory. It is okay. Right now, it's my turn. My turn to speak. You guys, you guys had your I'd just like to remind everybody in the audience under our quasi judicial rules once the presentations are completed and it's turned over to the council uh there's no
further um presentations or testimony unless the the unless there's a request and approved by the council. So all these discussions should be council and I want to remind the the audience of that. Um it is a very family very familyfriendly restaurant. I wish it was
there when my kids were little. I wouldn't have had to have even leave the neighborhood. They're in there. They're safe. They're playing. They have games. It's It's great for all of them. Um just the our previous meeting, Safari
Lounge was up here and you know, at least one of you in this audience spoke about Safari and didn't request these restrictions on them. So why are we restricting wanting to restrict other people? That's not fair. And one very interesting fact that I do
find is that, you know, Crooked Palm has a loyalty members program. So when you go there, you can put in your phone number and get loyalty points and they give you discounts later on.
And two of you that families that spoke against Crooked Palm both have loyalty points at Crooked Palm. And that would be uh Diane Wishmire and Angie Quigley.
So I find that interesting that you don't like it or don't want it, but yet you have points there and you so it means you go there. Um, guys, be quiet, please. Yeah, I I just think it's wrong to
restrict people on one thing. And yes, you did buy a a house next to a commercial piece of property. Any commercial property is subject to be changed at any given moment. If you don't buy it, you don't have a say in what goes in it. Simple.
If I didn't want it, I would have had to buy it. I can sit at my house and listen to Coral Shores High School football games if I walk outside and I'm a half a mile away and I can be outside walking at 5:30 in the morning past 7-Eleven and
there's big trucks and there's music blaring and everything else, but nobody's complaining about 7-Eleven. Nobody's complaining about the cars and all the high schoolers going up and down the road. There is a noise ordinance. So,
I just don't think it's fair. Okay. All right. One of you guys. Well, um I never understood all of these restrictions in the first place. The code is the code. Um I I we we just got
through reviewing an application that that um had restrictions on that we never had that the city the village had never put on on a residential unit as far as it relates to to size and those
kind of things. And I look I think that as as as you said, Anna, the code is the code. Um we um we should we should live by the code. Um
I think that uh I think that I was here in the audience. Uh, I think I had something in front of the previous council when the conditional use was going on for Crooked Palm and I was pretty astounded at all
of these conditions. My understanding was that that u, you know, that's this was based off of some negotiations and that stuff, but it wasn't based off of code. Um, I think that there are a lot of times when something's being
developed and the neighbors don't know what's going to be there or don't like what's going to be there. There are a a lot of scenarios that are brought up about, you know, how there's going to be people parking in people's yards and drunks driving down the street and
speeders and and and those kind of things. And I think in this particular instance, um there's been um I guess a year, maybe longer. I don't know how long y'all been open. I've only been there twice. Um
and I I think that I haven't I haven't I asked staff if there's been any complaints and noise complaints and I haven't heard of any. So it sounds to me like Coke Palm has been a good neighbor. I did talk to Joe and I asked Joe that. and he said, "Yeah, he's been a good
neighbor, but what if?" And um I guess we could what if uh any application um but again, we live by the code. The the the one that really confused me was about the the uh an inter interruption
to the food service on the on the uh food truck and said that it couldn't continue if it was closed for more than two weeks or something. So, what would happen to their food service if a hurricane hit? Uh, it these were restrictions. I think I think these were
agreements that they wanted to put on here to to try to prove to themselves that they want to be good neighbors. But nobody put any restrictions on any of those others. And yes, there are five other places that I can think of off the
top of my head that have outdoor live music that not all of them are is uh in a in exactly the close proximity to a residential area, but they still all have outdoor music that that go on.
I think this is one of those perfect examples to where we need to we do need to change the code. Um, we need to change the code so that we've got something measurable in a noise ordinance. So that um so that the code
doesn't say something as stupid as u that's it's unreasonably loud or ronous or jarring or causes adverse physiological or psychological, you know, I mean really I went there without anybody knowing on Friday night.
I pulled my truck on the back of the fence. I was on the village right away, not on private property. I turned on my decibel meter and I know that my decibel meter isn't something that the cops would use or something, but thank God to this little computer that I get to carry
around and I I I sat there for about 15 minutes and it registered uh it has a description for the decibel reading, right? So, if it's 60 dB or below, it says quiet home or even quiet
whisper. It never got off a quiet home or quiet whisper. It was on a Friday night around 7 o'clock and um there were people there and there were conversation. There was music and there was nothing that was disturbing or
psychologically had a psychological effect. It was quiet. Quiet home. Quiet whisper. I I uh like I said, I' I've only been there twice, but I haven't heard people complaining the way that they complained
uh when they thought something bad was going to happen. I did hear I did hear uh about six, seven people get up and talk tonight. And while they were talking and they gave me their address,
I noticed that four of those people live in Miami or have a mailing address of Miami or live in Orlando. I I just, you know, so maybe it's a weekend place and maybe you're worried about things like property values, but that's not
what's in this instance. Um, I think that many of these uh conditions that were on here were not conditions that were put on any other business. And I I don't I think if if it's in the code, it if we need to
change the code, let's change the code. Let's not start sticking conditions on businesses that could harm these businesses. That's all I got to say. Well, I knew she was going to go. I didn't want to call anybody.
You were looking at me, so that's fine. Um, I I agree with what's being said is that first of all, I I was sitting in the audience when these conditions were placed on this business and went, I wonder how they're going to exist with
these conditions. Um, we don't we don't put conditions on business to make them fail. And yes, they've been complying with it. And you're saying we're we've heard tonight that, oh, well, there's nobody there. So, you know, what's the problem? Well,
that is the problem. First of all, business is down. We all know this. We don't we don't have to repeat all that. The hours of business doesn't just because he stated that, well, 2:00 in the morning. Well, just because you say
you're going to stay open, that you would like to be able to stay open, doesn't mean that your business is going to warrant you staying open to 2:00 in the morning. But everybody should have the right to decide what warrants their business,
their business hours. Um, one point of time I was told that, everybody knows I run a motel, that I should turn off my light at 10 o'clock at night. Well, that doesn't make any sense at all. How is that going to work?
You know, there's sometimes that the conditions are put on businesses that just don't work. Um, I think the hours of business should be controlled by him, uh, by their their business. Actually,
it will be controlled by their business. Um, the hours of music, we have a noise ordinance for a reason. Does it need improving? Most likely. We've tried over the years and never managed to get
anywhere. Uh, but I think these people are trying to be good neighbors. Um, so the same is true with first of all going back to just the hours of business. Just just because there's people outside doesn't outside and
inside hours it should be the same. Music you should take in consideration your neighbors. Um, village council the right to revoke their major conditional use.
Somebody said tonight that we put this on um the dead animal bar. I don't I didn't remember putting that on there. I don't either. Um but we we as a village have the right to
control what's going on in business. We don't need this. This is an overkill of what's going on. Um these people have proved that they're good neighbors. If the next people, because we all know that someday we're going to sell. If the next people aren't good neighbors, then
we solve that problem with the appropriate hammer. Um, deliveries. I am I am deliveries should be made where they should be made. I am um not
excited about if they're planning on doing deliveries out of the center of US1. And actually I think we have a code that says that they can't deliver from the center of US1. Jennifer, do you know that off the top of your head? I don't, but I can look it up. Hold on.
Okay, thank you. Um, but it when I spoke with Chris, he assured me that no, they were planning on using their parking lot, but they want to use the front of their parking lot in some of the cases, not just the side of their building. That makes sense for their business.
Once again, first of all, it wouldn't harm anybody at all if they moved it to the front. Um the condition on lost my place music. I actually already
referred to that. Um the food truck requirement businesses change. I think it was a great idea and I'm not sure that this condition was well thought through. It does require them to have always have a food truck
and within a couple weeks fix it if it broke. What if they decide that they don't want to have a food truck and that they just want to run the distory? He should have that right. It should not
you everybody would want their own right to decide how their business would be successful, how they need to run their business. Um, now I got to find my other notes. Sorry. Um,
I I do think it's absolutely amazing. And I thought it was amazing when this was first approved that we were having this months and months and months of discussion about this property and absolutely nobody came forward that I
can remember concerning 7-Eleven. And that is astounding in my opinion that nobody would speak up for uh thinking that 7-Eleven would cause a problem.
Um, they're right next door. They're in the same neighborhood. I think we need to follow the code. I thought most of these were reasonable to remove and I'm willing to listen to who else?
Steve. Well, I just want to start off by saying um I I really admire how you worked with the neighborhood originally on this. Um, I I think by almost all accounts from what I've heard this evening, um, people enjoy your establishment. I think you're
offering a service that that uh that people like and enjoy. I think that's abundantly clear that you have been a good neighbor. Uh, part of my concern is by lifting some of these, if if you decide to sell or your partners sell, then then the next owner might not be as
uh as generous a neighbor as as you've been. Um, I I also believe in an agreement is an agreement. Uh, I don't I don't think that you were really forced into anything to to do this. And this seems to me to uh I'm being cautious
because it's setting a precedent for businesses um to to agree to certain things and then come back to us short time later and and ask for uh those changes um maybe because their business isn't working or they just have a
different business plan. And so we, this was mentioned quite a bit tonight. Before any conditional use is amended, extended, varied, or altered, the applicant shall demonstrate a change of circumstances or conditions has occurred which make it necessary to amend, extend, alter, vary, or alter the
conditional use. And it says that the applicant provided a letter providing justification for the request. I I couldn't really find justification um to warrant this. maybe because we don't have that procedure in place. So, um uh
I I I appreciate the efforts that you're you're making. I think uh should this pass and these conditions get lifted, I I I understand that you will continue to be a great neighbor. Um and uh I I feel for the neighbors and I feel for the
customers that live by that enjoy it. So, um, uh, I'm just having a hard time with the, uh, getting to this point on the procedure in terms of lifting these conditions. Did you want to say something? Yeah, I'll just comment on on the justification.
Um, in my opinion, when I read the letter that stated what he thought, that was the justification of why it needed to be changed. Um, I don't know what you're
looking for in justification or it's financial or whatever, but he in his mind has a justification and and some of those justifications were stated in that letter, I believe. I just wanted to make that statement.
Okay. Um, well, I was on that goofy council that gave you those conditions. And why those conditions were made is because if we were anywhere else, anywhere else, the fact that our
planning director and people who are in the village would sit down with neighbors for months and months and months and negotiate something speaks volumes that this is a small town that people care. But
um the conditions I think were us trying to find at least the middle of the road to appease the neighborhoods and to get you guys going. Are some of them ridiculous? Yeah, some of them are really ridiculous, but um most places you as a neighborhood wouldn't have a
say in what goes in a commercial building. There's building rights and there's people who uh care. And from I've only got to know Chris recently. I know you do a lot for this community, which doesn't have anything to do with
it, but you are conscious of what you're doing. Um, these things that you guys are asking for, I'd like to find more of a middle of the road where at least these people who do care, you could be like the outside music, maybe move it in on the weekends or something, just
something. And I know they have every right to have a business like everybody else, but clearly this is upsetting the neighborhood, but at the same time, you guys own a business and you have every right to function. Every right. And uh um I don't think you've done anything
wrong so far. Whether it's been successful, not successful is not the point. The point is again some of these things that we put on you guys and I say we cuz it was me and the other four up here uh was done because there was so much concern in this neighborhood and
there were so many people who were upset and so for them I'd say the fact that you negotiated for 17 months and Jennifer would meet with you is above and beyond what most places would even do when a new business comes in. new
business comes in, it just opens its doors and it's too bad, you know, and but the fact that they tried to work with you guys to me speaks volumes. And again, what like Deb said, 2:00 and everything, I mean, I don't have a
problem with the food truck and all that stuff, but you guys have already demonstrated you care and you give. If you could just maybe accommodate them in some few ways, like 2:00 in the morning outside music, I wouldn't go for that either. Maybe you can move it inside.
Maybe there can be We have a noise. Yeah. Well, come on. We have a noise ordinance. How often have you seen it really enforced? So, the noise ordinance needs to the gentleman's I understand. The gentleman commented and he doesn't
know why somebody didn't do something about it. He has a telephone. Yeah. Well, I agree with that. And again, with the dumpster situation, if your dumpster's in the wrong place, I'd be picking up that phone. Me, too. doing something about it instead of thinking they're not just they're special cuz
you're not special. You know what I mean? I know your wife thinks you're special, but you know, but I'm just saying that there there is give and take on both ends. And again, the fact that Jennifer and everybody has sat down to listen to the concerns of the
neighborhood to me is above and beyond what most places would even do. So, I know you're a good neighbor. If you can, you know, find a little compromise for them somewhere, I'd be grateful. But again, you do have a business. And uh I have
not heard the single complaint about except you have key lime vodka, and I don't like key lime vodka. That's the I have never Yeah. I've never heard a complaint about your place. And so before we put doomsday on and the sky is falling, let's at least give them a
chance to see what happens. And we do have the ability to pull the plug. So instead of everybody being negative, let's just try to be a good neighbor and try to do what's right and uh see how it
goes because we can always go backwards. You know, that sound right, but you know what I mean. So also we did have people that came to support us but I just told him not to speak because I didn't want to think everybody knew didn't want everybody to say the same thing but if you want to
raise your you know support I see just wanted to make sure that it wasn't all opposed and I appreciate that again. So, does anybody else anything? Anna, I'll say something cuz everybody keeps talking about the music
and you're in if you're sitting outside or if you're in the parking lot, you can barely hear the music that's inside or in the courtyard playing like it's not that loud. And everybody keeps talking about being a good neighbor. I'm a neighbor. I live
in that neighborhood. I'm very aware of what's going on in there. I I just I think it's and some of the people that and if you look at most of those houses that are directly behind and right there by it, there's no cars
there. A lot of them are weekend people. So talking about kids being asleep and everything like that. I mean my neighbor behind me, their dog is barking at 4:00 in the morning several times.
Several several times. But I mean, you got kids playing music. You This morning, 5:30 in the morning, I was hearing music in somebody's car going down the road. Like, I I I just think it gets a it gets a little out of control
sometimes in trying to control people. And I don't think it's fair to control one business and not everybody else. Mhm. Don, I I think um I think Miss Wishmire
actually touched on something and and and and perhaps she's right that people are are not here the way they were that first hearing because they uh they don't feel like they're going to get what they want. But there again, we're speaking
for other people and maybe other people aren't there because there's been a year of a track record and it hasn't been as bad as everybody said it was going to be. Uh and and uh I think that happens a lot
of times when something new is coming into a neighborhood or into an area is you you you think the worst can happen out of it. I I I I can't stand uh I can't stand that 7-Eleven there. I mean, my own self personally, I drive I
don't even buy G. I if I'm almost out of gas, I don't even stop in there cuz I I can't stand the busyiness of that. I can't stand the way the way it is. And I still wish it was Okeis. Yeah. And you remember that. Some don't. Um,
I I I think this is a perfect segue though of of really working towards getting a real noise ordinance that is measurable and not judgmental. And that way if there is a problem the you know
the the sheriff or our code enforcement can have a meter that they can say absolutely there's a there's a problem but and not a perceived problem but a real problem. Um, but really I think that's for the most part to tonight was
the the main complaint I heard was uh you know it's gonna be noisy but that it can't be there till 2:00 with outdoor music. The code the code doesn't let it happen. So, um, again there I I think it's if there's a
problem there with a dumpster, if there's a problem there with parking, if there's a problem there with noise, then code enforcement needs to be addressed and not ignor ignored um so that they can fix that problem because you don't know you have a problem unless
and until somebody tells you. Yeah. Anything else, Deb, Anna, Steve? Okay. Motion. I have a motion to approve as written, which eliminates the how many? One, two, three, four, five, six conditions as
recommended. Second. Marty. Council member Deb Gillis. Yes. Council member Anna Richards. Yes. Council member Steve Freriedman. No. Council, excuse me, Vice Mayor Don Horton.
Yes. And Mayor Sharon Mahoney. Yes. But be a good neighbor. Motion passes for everyone. Spoken. Thank you. Council. Okay. Anything else? No, that's it.
Okay. Meeting adjourned.