You guys ready? You ready? Everybody ready? Good evening. Wait. There you go. Good evening everyone. We thank you for attending our council meeting. And uh Marne, would you please call the role? Council member Steve Freriedman
here. Council member Deb Gillis here, Council Member Erena Richards here, Vice Mayor Don Horton with bells on, and Mayor Sharon Mahoney here. We have a quorum. Thank you very much. Brad Bloom, would you lead us in the pledgece
to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. I thank you very much.
Okay. Council requests for deletions, additions, emergency. Steve, Anna, Deb, the book. Excuse me. Oh, yeah. I get that, too. Sorry. And Don. No, ma'am. None.
Okay. Well, I have one and I wanted to do this sooner than later and I apologize to the people that have come for this one. I'm having a real struggle with tab G with uh it's the last tab. Um I all the facts that I've gotten have
been very different and I don't think and I want to refer to Jennifer and to our attorney if uh how we go about getting more information. Is it doable? I don't know how the rest of the council feels. I'm having a really hard time on
this one. And what I don't want to do is I see how the staff recommended denial. What I don't want to do is say no to someone without having all the facts. So, Jennifer, can I get your input? Well, I mean I mean it's up to the
council. If they feel like they need additional information, I'm happy to provide it. I obviously would need additional time and to know what additional information the council needs. Um so if if you know what your need or if you feel like you need to have a conversation with me, we can
certainly do that. I'm happy to to do that, but we would need additional time. Deb, do you have a question for Jennifer while she's up? No, I had a comment though finish. Okay. And John, can you weigh in on this? Is there more information you can give us so I can make a better decision? Yeah, I mean there there are some things
I do think at least from the legal side I would say some additional time would be beneficial. Um there were some uh legal issues that were were raised that I recently became aware of um related to an equitable estoppel argument. Um we've been trying to obtain some of that data
um as it relates to um uh uh uh wastewater and that was um done by a third party subcontractor and we haven't been able to get that information yet. Um so that's why I say from the legal standpoint it' be beneficial because um I don't want to set a precedent by
granting something with equitable if it shouldn't be but I also don't want to deny something if there is a valid legal argument for it. And I appreciate that. That's my concern. Go ahead, Deb. You want to say something? Well, that I actually I was going to bring it up during the item because I thought that that's where it should be
brought up, but if we if we withdraw it now, I don't have a problem. Is that I saw that and I questioned it and I I remember some of those days of figuring .edus and stuff and um yeah, I'd like to see my extra time on that, too.
So, Don, do you want to say anything? I just don't have a problem if that's what the preference is. You guys okay with it? And John, is this where we move it to a definite time certain or how does this work? It um so under the code, the council uh
can uh by motion can move it for uh continue it up to 180 days. Um uh in if you are planning to move it to the next council meeting, I would say let's specify that tonight. um just because I'm that would be be sufficient in terms
of um uh for for not legal notice. If it's going to be beyond the next council meeting, I don't think we need to specify the exact date uh now because we can readvertise it. So, here's my question back to you. And first of all, I do apologize to the to the people who are here for that tab, but what I don't want to do is make a
decision on something I'm not totally informed on, and that's sort of not fair to anybody. Um, uh, could you guys provide us all with more information by September so we could do a time certain? I don't want to make them wait any longer than they have to.
That That would be a Jennifer and a John question. Yeah. I'm just looking at the agenda date. September 11th. September 11th. 11th. Yeah. Or 11th. Yeah. I I would think so. Um
I would think we should be able I mean again part of it is it's because the the information is in the hand of sub third party subcontractor. So um I would assume we would be able to get that information by then we're talking about about a month and a half now at that at this point. Um I would assume we'd have
that information at that point. Go ahead Deb. If if we find that we haven't got that information is the council able to defer it a second time? Um, yes, I think you could because the MAC you could the maximum you can continue
it is 180 days. So if you do it by 30 it doesn't mean or I guess it's a little over 30 now. I don't think it means you can't do another continuance. I just think you can't exceed the 180. Is that I'd like to be fair to the people here. Is that agreeable? Is there a representative for TAB G? Is that fair?
Yeah. Um, good evening everyone. Yes, I am the attorney for Gino P. Um, we are, if the council requires more time, we're obviously not going to object, but we certainly would not want to delay this matter 180 days. I don't want to do that.
This appeal was filed in June of last year. So, we've been pending for over a year and it's not a new argument. The stople argument is not a new argument. Is a an argument that has been in the file since a year ago. So we understand and obviously we want the council to be as knowledgeable as possible and
obviously we want to resolve that it's beneficial to our clients but 180 days we do believe it's it's too long. I understand that next month the council won't meet so it'd be September. It would be September. So we would be amendable because of what you're you're
requesting but obviously 180 days it's it's I don't think we're considering that. Mr. Horton, did you want to say something? just it it sounds to me like we need a motion and in fairness to be able to make this a great decision, a good decision, the right decision, I'd make a motion that we uh postpone it
until time certain of September 11th. Is everybody okay with that? Do I have a second? I'll second. Can and just for clarification, the motion just because we need to uh include a couple more things for the the notice. So, it would be a motion to continue um uh this matter until
September 11th, 2025 at uh council meeting starting at 5:30 p.m. in this room um at um uh uh what do we call this? The community center. Sorry. Where am I? Okay, that's I'm still 6 hours ahead. So, isn't that what you said?
Exactly what he said. I just did it shorthand, but that's and that's what I said. Okay, Marty, would you call the role, please? Okay. Vice Mayor Don Horton. Yes. Um, Council Member Deb Gillis. Yes. Council member Steve Freriedman. Yes. Council member Anna Richards.
Yes. And Mayor Sharon Mahoney. Yes. And again, I apologize, but I do not like making decisions if I don't have all the information. And I appreciate No, I appreciate that very much to all the members of the council. And I brought my phone just I want to make sure that I was available on September
11th. And I am. Thank you very much. See you. family two months. Thank you. Okay. So, I guess I was the last person. Mayor, council, communication. I got none, which is surprising. Village attorney, village manager. I have actually it's a question of of
the council. So, I was approached the first quasi judicial that you have um today, which is tab C in your book, is an administrative appeal. um the the question that was raised to me. So in an administrative appeal you have an
applicant the applicant files for something which is what happened here and then and then you have somebody who is challenging it and appeals it. Under the quadrant judicial procedures the appellant is the applicant so they get 10 minutes of of time. the underlying
applicant, the original applicant. So, the person whose um uh application is being appealed asked if they could get 10 minutes of time. It is not addressed in our code. Um so, so our code just
says the applicant, but in an administrative appeal, the appellant is the applicant. So, I wanted to um pose that to the council um as to whether you wanted to treat the underlying applicant as a member of the general public or if
you would like to um treat them as an applicant as well. And and think and thinking through this, this would apply to all uh administrative appeals. We would treat them all this way. It just we haven't had this issue come up before and it's not addressed in the code. Um,
and I didn't want to just make the legal call without without, you know, posing it to you all as to what your your preference might be. Um, I think I could I could go either way. Um, so whatever the council's preference, I'm I'm happy to to deal to do it either way. Does anybody have an opinion or is
anybody okay with it? What do you guys want to do? Wait, go ahead. I I'm I'm okay with letting the original applicant have his time or their time to talk as well. Yeah. Deb, how do you feel? You guys all I'm okay with the term fair. All right. Yep.
That that's where like I said, I just didn't want to and so we'll we will interpret it that way going forward. And I think that that's the interpretation towards where I was leading, but since it wasn't crystal clear in the code, I just didn't want to appreciate that. I appreciate that. Ron, do you have anything?
Uh just one unrelated item. Uh next Tuesday, we're going to have another meeting of the Citizens Budget Review Task Force here in this room at 5:30. So that's July 29th. One of the members, uh, Elizabeth Jolen's here. All them are going to try to make it. So, next Tuesday, 5:30 here in these, uh, these
forum here, uh, the citizens budget review task force. Uh, mayor, go ahead. Are they going to are they just having a meeting or are they going to come up with another report? Uh, because that was very interesting last last time they were here. So,
I've asked to have certain specific items addressed. I've asked Mr. Quick to appear by Zoom. We're going to have discussion about legal fees, uh, how we can have a better, uh, handle on that. I've asked Chief Ael to come in and discuss his budget request, uh, since
it's a significant part of our budget. I'm going to ask our public works director to come in and talk about overtime at the fills and also wastewater. Uh, so there's some specific things I want them to talk about. Then they can obviously talk about other things. I've had some calls from the public of people want to come in and give input after they saw the first
meeting. So, it's going to be kind of a informal meeting, but we want to get as much input on the budget because we're going through the process and we want to get that mill rate back. We have to get some good input as far as where we can find some savings. I think that I think that's great and I I appreciate that. I you know, we uh
I've been to many many budget hearings and the public is it only seems like there's two or three people that would show up. We're getting some response now and some public coming and I'm appreciate that. So, I think this committee, this this way we're doing
this is working out good. So, thank you. You said July 29, 5:30, right? And you know, there's another meeting that night. So, I'll be at the other meeting. So, yeah, I understand there's a nearshore quality meeting and unfortunately with the lobster min kind of limited how many
days we can meet next week and I wanted to do the budget review task force before your budget hearing start August 5th. So, we were kind of limited on what dates were available and so unfortunately that does have a little bit of a conflict, but I think the budget one will take quite a while. So, you could probably try to make both.
Okay. And that is classified as a workshop, right? 5:30 workshop, right? Yes. The citizens budget review task force workshop. It's a public session. They're not a committee. Uh but uh they're still I still have them meeting in the sunshine. We're going to notice
the meeting and uh it will be televised. Okay. Appreciate it. Okay. That was July 29th at 5:30. Okay. All right. I guess Marne, we're going to move on to public comment. And this is comment on anything with the
exception of what we're talking about tonight that are tabs. So, Marne, who do you have? I have a couple folks who have uh put out an issue, but I don't believe it's on the agenda. So, I'm going to call them up during public comment. So, we will start with Sandy Williams.
Good evening, council. Thank you again. My name is Sandy Williams. I live on Lower Madakumbi and I am the designated beach walker for Seats Beach. And I'm back back again because we still have not resolved the rock wall. The uh
calendar or the map that the village has is the only map out of FWC, DP in coastal water, all of those that show that beach as not being a turtle nesting beach. I was hoping to get uh somebody from D to come with me tonight, but
alas, I did not. So, I just wanted you all to know that from our perspective, there are a number of violations there. They built the rock wall with the intent of making their lot much larger, filling it in, and now
they're going to get a permit. They are going to apply to get a permit to build a house there, which will definitely not enhance the turtle nesting. And we're having a bonanza year this year. We have the first time in 25 years green turtles
nesting on our beach. So, we're very excited about that. So, thank you all. I appreciate it. If you have any questions, I have a question. Um, John and Jennifer, what or probably John, what can we do to find out if a I remember when you came here before, what
can we do to find out if we have the accurate mapping for turtle beaches? Do we? And also, are these people in violation that are doing that? I don't know the answer. And she's back twice. So, clearly, we need to address this. So,
does anybody know? I can see. Yeah. I mean, I know Jennifer's want to chime in. I mean, I It looks like Daniel. Oh, there's Dan. I didn't see I was just going to say Daniel's Oh, I didn't see you, Daniel. You're hidden back there. I was just going to say we have a map that that is the official map. Um I guess Daniel can can chime in as
before you chime in. I've sent it to everybody, DP, FWC, everybody, and they can't figure out a where you got the map and why. You think that these two houses out of the whole beach
should not be turtle nesting beaches because the turtles nesting there kind of prove that you're wrong. Okay, Daniel, can you help us out, please? Yes. So the the way the the state and local municipalities work is we get delegated authority to determine sea
turtle nesting habitat. So that's why the maps are different between FWC, the state, different entities, local governments. Um we set our own map. The map we have was the original map from the the county back in the 80s and we just revised it slightly from them. Um
the rock wall has been resolved. It's been brought into compliance with our code. Um they Yeah. Excuse me. What they did was they made them take out the concrete. I know the rock wall is still there. Just in terms of like you have a three minute public comment which has expired
and now there's questions being asked of Yeah. So you can I just want to know if our map is correct. That's that's what I'm looking for. The the map that's published online is the current uh correct map. Okay. Thank you. May I ask Daniel a question? Uh when's when's the last time that map
was updated? I heard you say we updated it. Mhm. Uh, I believe it was late 2018. Okay. So, it's recent. Yes. Fairly recent. Okay. I'd like to go ahead, Daniel. But you've amended that map multiple times since 2018 as well, right? I believe three times.
Three. Three individual properties though, not not overall. And was there a scientific method that came up with that map or was it just somebody guessing? Right. So the original map from the county, which is the one that was adopted by council, says that everything Bayside and Oceanside of lower mat is
turtle nesting regardless of what's there. And then all of Oceanside of upper mat is turtle nesting regardless of what's there. That didn't answer my question. Right. So the methodology scientific method used in order to come up with that. So, if there was permitted shoreline hardening that the state and
federal government allowed, we determined that not to be turtle nesting beach since it was it was granted hardening from the government. You said we was that you were part of that map that the county did back then. I was not. It was adopted by council in um when the village became the village.
Okay. I would think if she says she sees seen turtles there, then it's our responsibility to have you dress as a turtle, go out there and hide and watch. No, but we do need to if she sees the turtles, we need to address that. Can I say anything else?
Make it make it very fast. I don't want to Okay, there has their definition of hardening of the beach has been Can you get better on the mic, please? The definition of hardening of the beach has been expounded upon. There were like a row of boulders and now there's a rock
wall. Thank you. Okay. Okay. All right, Daniel, if you could take a look at that area again, I you know, if you would please, just because we we'll take a close look. I appreciate that. Thank you very much. Appreciate it. Marne,
up next is Henry Danzig. Is Henry here? He was in the background. I saw him. I think he left. He's outside. He's outside. Can we move to the next one and then call him again? Next speaker is Joe Wishmire.
Sorry, you're not. You're used to I'm used to it too much. Joe Wishmire, Plantation Key. Mayor and Council, again, I would like to express my gratitude to our village manager for creating a citizen advisory group to
involve all the citizens to review the budget. Even though every council member attended the workshop, whether in person or online and heard concerns about the inflated budget, still voted to start the millage
rate at 3.0. I don't understand. As I stated at the budget workshop, 2020 to 2021, our total budget was $35.8 million. Last year, it was $60.7 million, even
though property values have risen by $560 million just in the last year alone, leaving Marada taxpayers to pay even double the amount of the Marathon residents. Why is this? Many of you during your campaigns expressed concern
for the environment and water quality. Councilman Freriedman introduced a resolution opposing alligator Alcatraz and not one of you even seconded his motion. His resolution pointed out environmental and pollution concerns.
Yet the four of you chose to make it political. Shame on you. You should pay attention to the people who make a living on our fragile backcountry waters and see firsthand the damage created by projects including the Everglades.
Just when I thought that I could not become any more disgusted, our public works director got up and outlined a change to the village responsibility in the case of sewer backups. Homeowners had always had a responsibility for
repairs to lines on their property. to now imply that the village maintains their lines, but sometimes there are breaks. Even though the public works director says that a backup may occur in a house due to a village issue, the
homeowner would still be held responsible because the malfunction was not neglect. How could you in good conscience do that to the people who elected you? Oh, well, we'll just send out a flyer. Only Deb Gillis seemed to
concerned enough to question his policy and vote no. While others, some even made light of the situation by saying, "Well, do you want to take it outside?" On such an important issue, this is unacceptable. Your actions have consequences and hopefully people will
remember on the next elections. Thank you, Marne. Who's next, please? Um, is Mr. Danzing in the X? Is Henry in the room? I checked outside also. Okay, we'll move on. Thank you. Uh, next
up is Bart Smith. Yes. Uh, Bart Smith on behalf of What a Good Catch. It's been a while. Good to see you all. Um, so what Brett's passing out is a couple documents. Uh, and I'll I'll wait till he's he gets done with it, but uh, a couple years ago
uh, a resolution was passed for What a Good Catch, resolution 230445. And it was based on an appeal that we had fi filed on behalf of What a Good Catch. And we we made a request to overturn the denial and had specific uh
criteria that we would then agree to which was that the hammock be placed under conservation easement and the applicant further enhanced the hammock through a certified biologist approved by the village biologist. Uh the minutes reflect that when um it's in blue little
tab that Mark Greg when he profered it, he suggested approval of the conditions profered by the applicant. Well, then the resolution was passed. Uh it wasn't I didn't get a copy of it till much later. There was three conditions which were the first three were the
three that were profered and a fourth condition was added that basically is keeping us to the stock plans that were put in BPAS. We've requested that uh this be corrected. We've been informed that the you there's m a couple different ways to
do it, but the the we feel the simplistic way is to put to get it on the next agenda as an actual item. We can walk through what we're looking for on an agenda item and potentially correct this and hopefully be able to
move forward with a home for the clients. And so we're asking that you just ask direct staff to uh place an agenda item uh to uh discuss uh the fourth um condition of the resolution that I provided to you which is
resolution 23 04-45. Thank you. And if you have any questions one second John um do if he wants to try to get us to you know I think there's two parts to a motion. First, we have to wave what
happened on the last council. Am I correct? You'd wave your procedures to allow you to uh um to consider it um at a future meeting. We couldn't consider it today. It's a judicial and then there'd be a motion to move it to September. Correct.
Uh yes. If you wanted to direct it for September, we could do it, but it would be a uh it would be a quasi judicial. Um so, yes. Correct. So my question now is can we do that now or should we address this later and see how the rest of the council feels about hearing this again? When
does when do we make that decision I guess is what I'm ask my recommendation is would be for us to get through public comment and then if you want to do it um after public comment um then uh we can do it then at that point before we get into all the other stuff. Is that okay with you? I would appreciate that. Thank you.
Okay. Thank you. Thank you John. You're welcome. morning. Okay, on Zoom we have U Matthew Baron. Okay, Matthew, go ahead. You've got three minutes. Are you there? We can't hear you. It looks like you're mute.
Sorry, I don't have anything to add. I'm just I'm just here to listen. Sorry about that. Thank you. Sorry, I saw the raised hand. Thank you. Marty, is there anyone else? No, ma'am. Okay, I guess public comment is now closed. So, I guess we move to um John. I guess I'm looking for a motion to wave
the last uh the god the first of the two. Whatever I said, I don't remember. Yeah, it would be a motion to wave uh the council procedures to allow uh excuse me to allow for um uh additional consideration of resolution number 23-04-45.
And that is totally because of the amount of time that has gone by. Correct. Correct. Right there. You know, I'm see I'm learning. So, council, does anybody have any questions they'd like to ask Mr. Smith or do I have a motion to
uh Steve? Any questions? No, I I I just I'm concerned because uh of what just happened earlier with Gino. He's been waiting for a year to get this on the agenda. We're delaying him. Mr. Smith comes in, asks us to put it on the next agenda. It just it just seems a little awkward to me.
Okay. Anna, do you have anything to say? No. Good. Deb Don. Uh no. I I think that uh the postponement for Mr. Gino was so that we
could gather additional information and be able to give him a really fair and knowledgeable impartial hearing aging through looking at staff's report and u and just relying on that. If there's additional information, I think we need to hear that because it's real easy to
look at a staff report, staff recommends denial and we just deny that. So, I think as much information as we can glean between now and then is may may be or may not be helpful to Mr. uh Gino. Uh, I think that what BART's asking for
is that for whatever reason they they're they're looking at a condition that was placed by a previous planning director that um they're saying wasn't really part of the hearing and it was a misinterpretation. It's not in the minutes that way. So, they would like
for us to be able to revisit that. And I think that's fair for the applicant, too. So, I make a motion to Okay. those things. Do you want to say anything before? Yeah, I was just going to add is that this was brought to my attention a while back and I did some research on it and
and I think it's worth rehearing. Um I think there was some confusion that night. Um I was there. Was it was confusing? Yes, you were there. It was confusing. Um, and and I I'm not sure I'm not sure,
and I don't mean this offensive at all, but I'm not sure everybody understood what they were actually voting. Wouldn't be the first time. Understand? Understand? We all do it. It all happens. Anyway, all right. Do I have a motion then? Yes, ma'am. I I make that motion that we
uh wave the procedures and we're able to rehear and we discuss that on the uh next Let's hold off on the date just cuz I want to get some clarification first. Okay, that's fine. All right, I have a second. I'll second it. Marty, 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. And motion passes 5 to zero. Okay. Now we move to the second part which is Go ahead.
Yeah. I just wanted to get clarification from the applicant that um so it's my as I understand it based on the motion it's going to be a rehearing under the original application. Uh I just wanted to confirm that with the applicant because if it's going to be anything
different then that changes the date we could hear it. It also potentially changes whether a new application fee would be required. We just want to to just redisuss the fourth point. We're we're comfortable with the resolution as to the first three conditions. It was
the fourth condition as to the stock plans and uh so within the confines of the four it's all under the original application. So no issue with the September date. I just sorry to split that up. That's fine. It needs to be we need to be clear about it. I think that maybe is
why the first issue happened. So September 11th is what I would move that to to be on. Okay. So it would be a motion to uh to place this on the agenda September 11th at the land use council meeting at 5:30 p.m. uh here in this room at the community center
to specifically hear that fourth item. Yep. Okay, that's my motion. Do I have a second? I'll second it. Um Miss Mary, would you call the role, please? Vice Mayor Don Horton. Yes. Council member Deb Gillis. Yes. Council member Steve Freriedman. Yes. Council member Anna Richards.
Yes. And Mayor Sharon Mahoney. Yes. And motion passes five to zero. Thank you. Thank you. It's good seeing you all. Yeah. Thank you very much. Drive safe going home. Okay. So, public comments been closed. I guess we're moving to tab A. John, if
you would please. We got to snap out of vacation mode now. It's tough. Tab A is an ordinance of Island Village of Islands, Florida, amending policy 1-3.1.3. Institute a program for transfer of development rights of the Marada comp uh
Alamada comprehensive plan by amending procedures and eligibility criteria for the transfer of development rights. Providing for the transmitt of this ordinance to the state department of commerce, providing for separability, providing for conflicts, and providing for an effective date upon approval of this ordinance by the state department of commerce. Okay. I believe Jennifer.
Hi. How are you? I'm good. How are you? Good. Thanks. So, this evening we have um uh two ordinances. Are we going to do them together or separately? That was I should have asked that before you put your papers away.
Um since these are not quasi judicial, we let's do them separately even though they're they're companions. Okay. So, um we have I'm going to talk them talk about them together because they're basically the same thing, but they're separate items. So, we have two companion um ordinances. One is to
change the comprehensive um plan policy 1-3.1.3 institute program for transfer of development rights and that's the one we're talking about right now. So basically um policy 1.3-1.1 is our um regulates our transfer of
development rights policy. Uh recently, and I say recently, we're talking now probably a year and a half to two years ago, the village council had directed staff to look at the types of transfers. Um when I say types of transfers, the
land use types of transfers, whether it be residential and commercial, and then the different habitats that you could transfer to. And funny enough, the What a Good Catch project was one of the um instigators for the request of looking at the TDR ordinance because that
property um the reason there were so many conditions related to habitat was it was a property that was unique in that it had several different classifications of habitat on it. Um, and so the reason that they had to come for an appeal was we couldn't as staff
approve a straight for TDR even though they were constructing within the scarified area of the lot because of the way our code is written. You have to go from lake to light. And I'm getting probably too into the weeds and Daniel's here to speak more about the the changes we made to the habitat stuff. So I'll
let him deal with that. I just wanted to talk a little bit about um why this is important. So it's important to make these mechanisms available to allow um people with util to utilize their existing development rights. We have to remember these are existing development
rights that people have on their property. This is not new development. Um these are existing development rights. So we're allowing people to utilize those existing rights. Um this is also important moving forward as the village has few if any um BPASS
allocations left and people would be looking to utilize these to help maybe take some relief from the BP pass list um which will aid the the village in in some of those issues as well. So that's one of the reasons we're looking to do this as well. So, um, what we've done as
far as the land use goes in our current, um, or ordinance and code, there's a chart that says if you're in this zoning district, you can only transfer to these zoning districts. We got rid of that chart completely and we basically said if you have a residential TDR, if it was
existing residential, you can transfer to any district that allows a residential use. um if you have a commercial well commercial separate so it's basically residential for residential and then um we also um removed the restriction that you can't transfer into a vzone which you may
recall we just did that with the affordable housing so this also just makes that consistent with the previous ordinance that we just did as well for the same reasons you know that we um require stricter development standards we have flood plane management standards and things like that in a vone so those
are the two general land use items that we've done for this and then I'll let Daniel speak to the habitat which is a little bit more um in depth. So, good evening council. So, the way the current TDR ordinance is written is that you have to when you do a transfer, the
receiver site has to be less environmentally sensitive than the sender site as a whole. It doesn't allow us to look at areas that are going to be built or anything else. So, in order to make the TDR ordinance more flexible, um, we incorporated some flexibility
that allows a sender site to send the development right to a receiver site that has an area that is less sensitive than the sender site. So, if you're transferring, say, from a hammock lot, you're able to build a house in a scarified area even if it has hammock in
the back. So, uh, it's more flexible that way. But in in order to make it more flexible, we left the same protections for the environment in we didn't we didn't um uh relieve any of the current environmental regulations. And we clarified that by saying uh class
one habitat, which is your highquality hammock, uh undisturbed wetlands, beach berm, um that cannot uh be disturbed during the transfer and during the construction. So you're able to transfer, but the high quality stuff has to stay where it is. And that's how we made it more flexible. Oh, and then the
only just thing I wanted to add is that on June 3rd, the LPA reviewed this and unanimously recommended approval of the ordinance. Okay. Before Daniel, you leave, anybody have a question for Daniel before he goes away? No. Thank you. Thank you very
much. Okay. So, uh, council, do you want to have a discussion? You want to do public comment? Does anybody have anything? Um, let's public comment. Okay. Marne, is anybody signed up? Yes, ma'am. Um, first up we have Ty Harris.
Good evening, council. Ty Harris, 110 Plantation Shores Drive on beautiful Plantation Key. The staff has been working on some version of this ordinance since 2018. But we knew even before then that we were never going to
have enough building rights to accommodate all the vacant properties. And so we're now at the stage what I would call looking for change under this the cushions of the couch. We're trying to find existing building rights that
can be transferred uh without causing any type of environmental issues so that we get at least a little bit closer to having the number of allocations we need to provide for the folks that would still want to build here. I mean we know
that now that Senate Bill 180 has been passed um that our last moratorum is probably going to come off the books. So we expect that more people are going to get into BPASS which just is going to make the problem worse. So we have a fiduciary responsibility to protect our
tax base and to tax and our tax funds. And the fewer the the less we're exposed to takings cases because we can't provide these building rights, the better off we are. So that's why this is so important. Um, this is basically
found money because essentially you're taking uh development rights that are coming from mostly lower Madakumbbe. Uh, when there was a couple condos that were destroyed after in 2017 during Irma, they built back as two unit town homes.
So, there's still eight units that could have been built back on Lower Matt in in one spot and in another spot it was eight and two were built back. So those are those are units that are still out there that the demand is now in single family. It's not to do another multif
family project. If I was to come here and ask to do a 20 unit town home project, there would be a ton of people here standing say we don't want that kind of density. What you're talking about are are infill lots and Indian keys, um Venetian shores. Those are the
types of lots that are looking for for a water, you know, wet allocation to to purchase. they would much rather purchase one than get into BPASS or potentially end up in a lawsuit in five years with the with the village. So those are my comments and I urge you to to pass this ordinance as drafted. Thank
you. Thank you Mr. Harris. Next Barney. Next is Sumeiller. You hit your mic on. There you go. Sue Miller lower. A difference of opinion. and I'll be representing the Alamrada Community Alliance.
Um, in just a few weeks, we'll be seeing a draft for the amendments to our comp plan by Able City East. Probably one of the most significant areas that needs to be addressed is the TDR ordinance. 20 years ago, we were all baffled as to the
long-term impact we might see from this innovative process as our planners put together TDR regulations that include the ability to transfer development rights and density from one location to another. It's been used sparingly so far
because TDRs have proven to be expensive compared to waiting in line for BPASS allocations. As BPASS allocations became more limited and the wait to get them longer, the TDR process started looking better, at least for some. Now
we can look ahead and see a time when there be may be no more market rate BPASS allocations and TDRs will be the only way to get a permit to build a market rate home. And now we recognize there are rewards that TDRs have over
BPASS allocations in our current code. Using TDRs can increase the allowable density in some zoning classifications. They can be used to transfer residential development rights to mixeduse commercial properties so that a single
family home built in the right zoning that doesn't allow vacation rentals can be transferred to a zoning that does. And thus a small residential single family home can become a huge four,
five, sixbedroom vacation rental. This change in the TDR process may be a boon to developers, converting small homes to huge vacation rentals, high resale value, and huge income producers.
But is that really what we want? That will require more services, more infrastructure, and create more traffic. Originally TDRs were to reduce the pro potential for takings liabilities.
They only allowed transfers to vacant property. Residentialonly TDRs must be to residentialonly zoning, not mixed use. The zoning the the vzone
should be protected. We should not be trying to transfer to a vzone. We need to study the long-term impact of our TDR ordinance on our infrastructure and on our environment before we make changes
like those proposed tonight. We are in an area of critical concern. We cannot continue to support more and bigger without careful studies of the real impact on our community. The very nature of the TDR ordinance as it exists
encourages the demolition of our smallest, most affordable homes and mobile homes to create even more McMansions. You all talk about the severe challenge of providing workforce housing. The TDR ordinance, as it exists
today, has developers seeking out the small, most affordable homes to replace them with mansions, often for high rental income. This change tonight would make it drastically worse. Please do not do this. Thank you.
Thank you, Sue. Marty, anybody else? Yes, Mr. Wishmire. Yes, Joe Wishmire, Plantation Key. It's hard to follow that up because most everything she said is what I was going to come up here to say. You know, starting with Able City East, you hired
a professional company to come in and redo our comp plan and LDRs. And I don't understand why this council is so determined to move ahead so quickly and try to change everything
because what happens then when Able City comes out with their plan? What if it dis what if it's different than what you're agreeing to now? Are we going to have lawsuits? Are we going to have more takes? I think it's going to create more and more problems. So, other than the developers trying to get in before any
restrictions get tougher and so that they can make more money, I don't think that you should really be considering these options until it's not going to be that much longer now. And originally, it took years and years and years to develop this comp plan. So, I'm hoping
that this council just with a stroke of a vote can outdo stuff that has been in place for years and years and it has worked. By the same token, when you buy a piece of property, you know what it is. And every time people come and they
just keep trying to change, say, "Well, you know, I bought a car, but I want more extras on it. So, I'm going to go back to the dealer and say, well, you need to put them on." It doesn't work that way. So, please vote now on this. Thank you. Thank you, Marne.
There's no one else. Thank you. Okay. The council input. Um Don, no. I I actually um in looking at this uh one thing that really helps me know
that this is uh the right thing to you know that it's really been done right is that uh not only did our professional staff look at this but they also had Rebecca Jaton as their village consulting working on this. I saw that. Uh I can tell Huh? I said I saw that too.
Yeah, you saw that. And Rebecca Jaton of course was uh the director of the the South Florida and Green Swamp U Department of Community Affairs back then um which is the state agency that's big brother that watches us. Um so she
certainly understands the rules and knows the rules very well. Uh additionally um these are existing rights. They can go from point A to point B. It's not an increase in density or or intensity because they these dwelling rights have already been
counted. Um, as far as the plus one or as far as the the flood zone moving to a vzone, you know, one of the changes that recently was made in the Florida building code was requiring that all structures be placed a minimum of 1 ft above the base flood elevation. So you
you even further lessen the effect on what's going to happen in in residential units that are built in the Vzone. So I I don't see a problem with that. So uh I think staff's done their homework. I can tell you that a comment made about
this being done so quickly. I I know this has been kicked around for um well before Jennifer before the last previous planning director before Tai was the planning director. This was something that has been being worked on. It seemed
like we had a couple of village managers that that redirected uh staff to not do this ordinance or concentrate on other things and not worry about this. That fly is driving you crazy. It certainly is. So, I think that it I think that staff's done the right thing
and and I think it's a good code uh good part of the code to change and uh I've quite honestly had a discussion with this with our consultants while they were here with our visit uh for the comp plan. I think they recognized that
something like this does also um take the strain off of the BPASS uh queue. It takes the uh strain off of uh uh the village as far as the potential for takings claim once we're out again. So that's where I sit on this one.
Thank you, Don. Who's next? And Anna? No, I think Don just summed it right up. Okay, that was easy for you and I want it. Steve. Um, I guess I I'm I'm just a little bit hesitant because uh I I prefer to let the comp plan um work this out so we
don't have to do changes then. I think that's one of the reasons why we hired him so we can have kind of this seamless transition. Deb, I've seen this this subject several times over the years and
and Don, you did sum it up very nicely. Uh that it will help it won't solve, but it will help take the pressure off of some of the takings and the fact that we don't have and they were counted. These are all units that were counted. Um,
as for waiting on the comp plan is the comp plan is being actually directed by us. So if this is where we think we should go, they it may need a few word twe tweaks or whatever or some of the stuff that relates to this may have to
be changed. But as we as we approve stuff going from now until we get that comp plan review um AEL city can can insert our thoughts into it and and that section is
I don't want to say done but done. So hit your little button. Um so so I I support this. I I it's funny that Mr. Joanetta and his son are here because I remember having this discussion with a council sitting
when uh Dante uh had won the uh national championship for Greco wrestling. So it at least goes back that far, don't they? That's all that tell you that. Well, you know, um Able City's in constant contact with us. It's not like
we told them to do the comp plan and they vanished. And something like a comp plan that hasn't been done in 20 25 years or something 20 years isn't going to be done overnight. We can't just freeze the community and wait for the comp plan and when we make changes
they're aware of it. They incorporate this fly and I are going to go around. Yeah, I know he does. We we communicate with them so they know everything the changes we're making. So this isn't a surprise and it will take the burden off
of lawsuits. And when Rebecca Jaton is like the guru and when she approves it, it's pretty hard to look the other way. So having said that, anybody else have anything? John, a question. Since these are two separate tabs, do we vote on them individually?
Uh yeah, actually I we had only called one anyway. Um and uh so but they will be voted on separately. So yeah, never mind. Do I have a motion from council or is there any other comment? I'll you ready for the motion? I make a motion to approve as presented. Do I have a second?
Second. Okay. Marty, would you call the role, please? Council member Deb Gillis. Yes. Council member Anna Richards. Yes. Council member Steve Freriedman. Yes. Vice Mayor Don Horton. Yes. And Mayor Sharon Mahoney. Yes. The motion passes 5-0.
Okay. John, tab B. Tab B is also an ordinance of first reading. It's an ordinance of Marada Village of Islands, Florida, amending village code sections 30-504 transfer procedure and 30-506 transfer of development rights for residential dwelling units and density
to amend procedures and eligibility criter criteria for the transfer of development rights TDRs providing for the transmitt of this ordinance to the state department of commerce providing for severability providing for conflicts providing for inclusion in the code and providing for an effective date upon approval of this ordinance by the state department of commerce.
I don't I don't have anything additional to add. Oh, come on. The same presentation. So, I'm here if you have any additional questions. You guys good with public comment first? Go ahead, Marne. Yes, we have uh Sue Miller.
Are you doing five minutes? No, I don't need Sue Miller. Lower Metacumbi. I need about two seconds. Okay. I um I reiterate that originally the TDR ordinance required
that you transfer to a vacant lot. That's been removed. So So the takings uh issue is we're trying to get as many properties that are vacant built on so that you don't have a takings lawsuit.
So, I don't know how you think that this will improve takings or decrease takings. I think it will will not do as well as it could if you only transfer to vacant. Thank Joe Wishmire.
I almost was going to say Joe, you're next. Joe Wishmire, plantation key. I too will make this rather quick, especially towards the last comment on allowing stuff in a vzone. Now, being from down here, we don't use the H word, so we're
just going to call it maybe a storm. So, let's tell all those people on the ocean side, oh well, you only have to build one foot above. Do you think that snappers and all those other places that got wiped out the islander one foot was
going to make that much of a difference? I think that you're open up a big can of worms especially allowing projects to go on in a vzone and you really ought to reconsider that one. Thank you. Thank you, Joe. Marty, anybody else? No, ma'am.
Okay, council thoughts. Uh, Don, you're ready to go, it looks like. Well, I just say as a certified flood plane manager and somebody that was the flood plane manager for Alamrada and for the county, I can tell you that one foot above base flood elevation matters a lot. uh
because FEMA's already set the the the the flood elevations and uh Snappers was built long before uh we had flood elevation requirements and many of these houses that are being damaged uh in hurricanes if they're substantially
damaged do have to be elevated to the current flood elevation. uh flood elevations have changed three times since 1985 and they've become more restrictive each time and we're still have a pending map that's going to make some things even that much more
restrictive. Uh and I think that's why the uh the state in not adopted that in the in the latest Florida building code to require what we call in the trade freeboard or 1 ft above the base flood elevation because it continues to lessen
the hazards uh and and the mitigation uh and the damage in the event of of hurricanes. So things don't get easier, they get harder and uh which is better for uh those structures. That's all I got to say. Anna, anything?
It was It was actually four times since 885. Four different flood maps. But yeah, and Vzona goes to the bottom of the beam, not just the floor. And after Hurricane Irma, we actually checked a lot of those places. And most of them, if they'd built to flood,
wouldn't have flooded. So, makes a difference. Steve, do you have anything? Deb. Okay. I'll make a motion to approve. Do I have a second? I'll second. Martney, would you call the role, please? Vice Mayor Don Horton.
Yes. Council member Deb Gillis. Yes. Council member Steve Freriedman. Yes. Council member Anna Richards. Yes. And Mayor Sharon Mahoney. Yes. Motion passes 5-0. Okay. Moving on to tab C. John, this is the quasi judicial part.
Yes, it is. I get to read my uh this is the the John Quick portion of the show here. I get to read my statement. Take it away, John. We are now into the quasi judicial. Uh, please be advised that the following agenda items are quasi judicial in nature. If you wish to comment upon 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 in quasa judicial matters must be in person. 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 the organization. Further details of the quas judicial procedures in section 30-256 of the village code may be obtained from the village clerk. Tonight there are
four quasi judicial items. There are tabs C, D, E, and F. Uh if you recall, tab G was continued. At this time, I would like to ask anyone who intends to speak on the quasi judicial items to please raise your hand and be sworn in
by the clerk. 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. Uh madame mayor uh the first is uh tab C which is a resolution of the village council of Marta village of islands
Florida considering the administrative appeal uh number plcu 202250012 filed by Russell Aagel agent for lower Madakumbi beach property owners association appellant relating to an administrative decision by the director of planning amendment to minor
conditional use permit for property located at 73501 overseas highway having real estate number 00388 8620-00000000 on lower Madakumbi 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 from the state department of commerce. Council, before we begin, I'd like for you to please disclose any exparte communications you may have had with the applicant or anyone else. Again, this is tab C. And please include whether the person represented any group or entity as well as the subject matter as you
recall. Thank you, Deb. Um, Mike, that's okay. Um, I spoke with Lori Manning. I She's just a citizen. Uh, and I to spoke with Ty Harris and he's representing
the association. And I wrote spoke with Robert Moer and he's part of that. Don, I was trying to go through my notes because I'm talking too. So, skip with me. Let me I I want to try not to miss
anybody, but I've spoken to Well, I kind of have spoke to the Lori Manning today, but then we lost signal on the phone and then um I think Robert Moser had left me a message, but I never talked to him. And then there's been a whole bunch of emails.
Steve, none. Um uh so I've talked to Tai uh of course uh the mayor of Dillan's I've spoken to uh I spoken to Robert Moer a couple of
times and uh miscellaneous other folks that that were quick conversations and lots of emails lots of emails Robert so we're good so Jennifer is this you or Emily here? So, um, Emily is ill, so I
will be presenting on her behalf. Okay. Ready when you are. Thank you. So, uh, back this past January, um, Kusa Clusa Smi LLC, um, and its agent, Ty Harris, submitted an application for a minor deviation to amend the conditions imposed by minor
conditional use um, for the former location of the Safari Lounge located at 75301 Overseas Highway. Um that original conditional use permit was for outdoor seating. Um on March 3rd, 2025, the village mailed notices to property
owners within 300 ft informing them of the director's intent to issue a minor conditional use permit with the amendments um as proposed, having determined that the project has met all the requirements for set approval. The amendments to the conditions included removing the following conditions. One,
that the operating hours for the seating customers of the Safari Lounge will be Sunday through Thursday 11 to 9:00 and Friday and Saturday from 11 to 10. Two, that the Safari Lounge shall not play amplified music on the ver at any time. And three, that there shall be no live music at the Safari Lounge. A condition
restricting all special events and/or parties from being hosted at and or operated by the Safari Lounge was to be amended to restrict such events and/or parties to a maximum of 12 per calendar year. On or about March 19th, 2025, the playing development services department
received a request from a public for a public hearing from Russell A. Yagel on behalf of the Jason Property Owners andor their homeowners association. The lower matter beach property owners association pursuant to the village code of ordinances. The public hearing before the village council was scheduled and
the adjacent property owners were notified. The hearing was properly advertised and the property was posted. This uh portion of the property where the restaurant is located is approximately 24,671 square feet in size. The property is zoned towards commercial. It is within
the mixed juice plum. The location of the restaurant is on the south or the property is on the south side of overseas highway and the restaurant is located in the southwestern tip of Kousa Cove Marina property abuing the edge of the Kousa Cove Resort to the north and to the east and open water shoreline to
the south. This use is a permitted use in the tourist commercial district. The full analysis is in your packet. I'm not going to read the entire thing. I just wanted to point out that conditional uses are generally those uses compatible with other uses permitted in the zoning district, but that require individual
review of their location, design, configuration, and intensity and density of use and the structures that may require the imposition of conditions pertinent thereto ensure the appropriateness and compatibility of the use at a particular location. and that the council at the public
hearing shall consider testimony given at the hearing. And if at any time during the public hearing, the village council determines that the application is based on incomplete or inaccurate information or misstatements of fact, you may deny the application or refer it back to the director for further review. At the close of the public hearing, the
council by not less than a majority of a quorum shall either approve, approve with conditions, or deny the application by resolution based on the standards in the chapter. And again, I've laid out or Emily laid out the standards in the chapter in your packet for you. Um, I would note that the proposed the staff
has felt that the proposed minor deviation from the major conditional use is consistent with policies in our comprehensive P plan as noted in the packet. Uh, a restaurant lounge has existed in the same location for decades without conditions that were placed on the new restaurant lounge. The project
is compatible with the surrounding commercial uses and will not negatively impact level of s service standards. The proposed conditional use complies with all relevant and appropriate portions of the LDRs. The proposed minor deviation is compatible and consistent with the uses
and character of the land surrounding and in the vicinity of the land proposed for the development. Um the historic location of the restaurant remains unchanged. intensity has been addressed by imposing a condition that limits the amount of special events and/or parties held at the restaurant operator to 12 per
calendar year. The proposed minor deviation does not entail the further development of any part of the property. And the proposed conditional use minimizes environmental impacts including but not limited to water, air, storm water management, wildlife, vegetation and wetlands and the natural
functioning of the environment as there are no environmentally sensitive habitats on the property that will be disturbed because there is no additional development. And then at this time the staff recommends the request for the minor deviation unconditional use be approved
um with the remaining conditions from the previous conditional use be um intact. that relieves eight conditions being remained and they're listed in your packet as well. I'm here to answer any questions that you may have. Council, anybody has a question for Jennifer before we start?
No. Yes. I don't have any f questions, but I did find my list. I feel like I'm at award ceremony, but I want to make sure that I'm on the record that Jimmy Ryan and Pasta and Angie and Lorie Manning and Paul Gabber and Nikki Hefty. So, I
really did keep track of them. Thank you. All right. Thank you. So, anybody have anything for Jennifer? No. Okay. Thank you, Jennifer. So, we're going to start with the attorneys. Mr. Jaggel, would you like to come up, please? Yes, ma'am. Thank you.
Good evening, council. My name is Russell Jagel Hershel Fino and Yagel. I'm here on behalf of the applicant, the Lower Matter Cumbi Beach Property Owners Association. Um, I I I heard reference to the number of emails. I have seen emails that are
disparaging um suggesting my client is against all change and uh they're really not worth dignifying. This isn't a popularity contest. This is about following the code. And what we believe will demonstrate is the code has not been followed. And secondarily, any
concept that they're against growth or change was borne out last month when you gave a major conditional use approval with tooters world. that my client cooperated with. So, let's start on neutral. Let's forget about emails. Let's forget about disparaging remarks.
Let's look at the facts. So, we have three things that we say are wrong. First, this process was not the correct process. The code does not allow a minor deviation in these circumstances. Second, the code imposes a burden on the
applicant and the burden has not been carried. And third, one of the reliefs it's asking or the things that says give me, we maintain the council doesn't have the legal authority to give. So now we go to the exciting part. We start
reading code. So section 3216 of the code says the director may approve minor deviations. Authorized minor deviations are those that allow minor redesign or change to a project that would not substantially change or increase the anticipated
impacts. Most importantly, minor deviations by the director shall be limited to the following. Now, I'm not going to bore you and go through these, but if you pull up the code, I can tell you there's only one there's only one possible one that this could have passed
under. Redesign or change in use where there's no increase in traffic impact. That's it. None of the others even remotely apply. So first question is or first problem is they're saying remove
conditions. Conditions are not uses. So the reality is she cannot use this process to remove conditions. She can only do changes if it fits into this hole. And this hole says you have to
show there'll be no increase in traffic impact. Has the applicant showed that? Did they submit a traffic study? No. And in this case, that's particularly important. Why is it important? Because last month, we gave a major conditional use approval to operate a boat
dealership on the property. And the initial conditional use approval here occurred before that boat dealership was on the property. It's been on the property for over two years. Even though it just got the approval. So, we have no traffic impact study. So, we can't fit
into that hole. We cannot use this to say, "Oh, you know what? the director can give a minor deviation approval. The other problem with it, like I said, is it's limited to use. Can't remove conditions. So, what use is that issue here? There's only one possible use that
we could she could look at and the use is events. That's it. And you say, Mr. Agel, you events are a use. Well, of course I know their use because in the temporary uses section, it says if the use is an event. So, and which we'll
discuss in a little bit, you can't change that one. You can't grant them the relief they want because events are uses and the tourist commercial code sections say these are the uses you're allowed and it doesn't say events. The
only authority for hosting events is in the temporary uses section. So the simple truth is we can't get to where we're at today via this process because it does not fit to any into any of those categories. So it's not a minor
deviation. And if we treat it as a minor deviation at best the best we could do would be to remove the prohibition as a use or against a use. So what's the second problem? Well, there there's a really really important code provision
that applies here. 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. So that is a burden on the applicant. That is not a burden on the neighbors to say they didn't they have to do this. So let's look at the application. Let's see what the change in circumstances is.
These conditionitions limit hours of operation, music and events. Safari lounge and restaurant has been operation for over 30 years with no history of noise complaints. These conditions have made operation of the restaurant untenable and the owner has closed the
restaurant as a result. So a change in conditions would be something that occurred after the conditional use was granted. That's no change in conditions. This explanation seems to be you know what
you guys gave us extra seating but you didn't let us play music and we went out of business because of it. That's not a change in circumstances. a change in circumstances may have been the surrounding community said we're okay
with removing these prohibitions. So by virtue of your own code, they carry a burden. You gave them a conditional use approval and they carry a burden of demonstrating there's been a change in circumstances since they received that approval that would justify a change.
They fell very far short. They didn't even offer you a change in circumstances. They just said no noise complaints. Well, yeah, that's probably true because the Safari Lounge didn't have outdoor seating until you gave them a conditional use approval in
2023 and therefore they had no outdoor music and you didn't have to worry about anybody having noise complaints. So, that's kind of common sense, but the real question is what did they give you to say there's a change in circumstances? Are they saying we went
out of business? That's the change in circumstances. Well, they went out of business because you gave them additional seating. It's nonsensical. There is no logic to that. So, they have failed horribly on that burden that they must carry with
them as well. I'm making better time than I thought. So assuming for the sake of the argument that the applicant has met this threshold, which it hasn't, council cannot grant the requested relief for multiple reasons. As I told you, the
amendment seeks to authorize special events. Right? Well, this is a conditional use approval. Nowhere in the code does it say in the tourist commercial district you can host special events. The only place in this code is governed by the temporary use section
that says this is when you can hold special events. So, what they're asking you to do is effectively override your code and say you can do something the code says you can't do. But guess what? For you to do that, you have to have it as a use that's allowed in the zoning
district. And it's not a use that's allowed in the zoning district. They're asking you to just completely disregard your code. So you guys can do 12. Don't worry about that other sec. You can do 12 special events. We don't even know where those events are going to occur. Are those events going to be confined to
the veranda and inside of the building? So the simple truth is you can't grant them that request. You simply do not have the authority. The proposal, the proposed alteration also creates another problem because in
the original approval when you add the square footage, we exceed 3,000 square ft. If you read it, do the math. 3,000 square ft is a major conditional use approval. The other problem is the code provides for outdoor seating that if it
butts a residential area that you you the council must approve it. It was not approved to my understanding the last time by the council. So we have these violations of code. So we're here today saying you know what you're give us
3,000 in excess of 3,000 square ft. Do it do a minor deviation process. Council doesn't need to worry about it. Code doesn't say that. Doesn't say it at all. We maintain that contrary with staff and we have the utmost respect for staff
that that it it violates comp plan policy 1-2.41. One of those says restrict the scale and intensity of commercial development outside of village activity centers and other appropriate areas in the village. This proposed change increases the scale
outdoor seating special events potentially on the beach at least that's what we're being told which has raised significant issues and the intensity of the development in violation of that section. It says the same policy says avoid encroachment of incompatible
commercial activity into established residential area. The requested changes allow commercial activity out outdoor amplified music which were not historically present on this property. It's all there is to it. Safari Lounge never had outdoor seating and outdoor
music. So that is an encroachment upon the residential community and they acknowledge this by agreeing to these limitations last time. Violates comp plan policy 1-2.43.
It says commercial uses located outside of village activity centers. Redevelopment shall be encouraged for commercial structures and uses designated mu and located outside village activity centers but only to the extent that impacts generated by the new structure
in use or equal to or less than that generated by the previous structure in use. Well, the previous structure in use was a dead animal bar. It didn't have outdoor seating. It did not have live It did not have live music. Yes, it did.
Me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me me members of the public. Members of the public stop I'm sorry stop. Okay, go ahead. Apparently did but not authorized. At least that's what the crowd thinks. So
one way or another, whether it did or it didn't only goes to the last two points that I make to you, which is violations of the policy. It doesn't change the fact that where we're at today, we can't be because the director simply does not
have the authority to give this. I pointed out to you already that the additional outdoor square footage, and if there's a question about that, you can look at the code, took you in excess of the 3,000 square foot limitation, making this minor or major conditional use approval that has not been obtained.
as well. You know, the reality is, and there's nothing personal here. I know none of these people that are involved, but the reality is you're confronted constantly, particularly in the Keys, where you have a collision of rights. I look at these
rights when we when we take this area, it's a pie. And so, how was this pie broken up? Well, this pie was broken up, but the status quo when these people bought this property was we had the safari lounge and we had the marina. And
ever since then, and when we have this pie, when someone gets something, someone gives up something. And so, since the new owners have been there, they keep coming for pie. First they came for the minor conditional use
approval and they said okay we want to change the status quo that existed so go ahead and let us have some outdoor seating. Okay. Okay. My clients worked with them created reasonable limitations and said we can live with you getting more pie
because we don't think you're getting more pie is taking away from our pie which is right up there on the mission statement which is to protect their quality of life. So then they came back last month, actually a couple years back, and said, "We need to amend the
code because we need some more pie. We need to have a boat dealership there." Okay. And so you guys said or your predecessor said, "Okay, we'll give you more pie." My client said, "Okay, we're okay. You're changing the status quo
again. You're getting more than you had when you bought the property." And what was the expectation they had when they bought the property? It was what was there. There were no guarantees they get anything else. And so here we are today somehow blaming additional seating with
no music on the failure of a restaurant and saying we need more pie. But we just keep taking away from the residents pie when we give them pie. The mission statement says that we want
to protect the residents right to quiet enjoyment of life. That's why my client is here today. I have done more than my fair share of work related to event venues. And I can promise you there's nothing more terrifying than to think
that there'll be weddings hosted out on the beach next to this property with a loud music and bands and fireworks being shot off of a barge to celebrate a wedding. That's what they're trying to protect is their quality of life.
They're trying to make sure the mission statement is fulfilled. They are amanable to reasonable limitations, but no one wants any limitations. We've actually offered and are willing to concede to certain things that have
limitations. One, the special events have to be confined to the actual venue. They have to be on the veranda or within it. Two, no fireworks. Under any circumstances can they discharge fireworks in connection with any sort of
special event. They are amanable to amplified music on the veranda so long as the amplified music is limited to daylight hours. That's it. So the simple truth is the reason that
has been profered for this change is nonsensical. If Safari Lounge failed, it probably has more to do with the quality of the food, the quality of the service, whatever, health department, I don't know, but it surely did not fail because
you gave them additional seating and just didn't let them play music or amplified music. So, for these reasons, we believe the council has no choice but to deny this application on the legal reasons that we set forth herein. But
again, I stress you, we are immunable to withdrawing our objections if those reasonable conditions that we discuss were to be put onto this. Thank you, councel. Thank you very much, Mr. Harris. Believe it's your turn, please.
And everybody in the audience, please be respectful to the process. I'd appreciate it. Go ahead, Mr. Harris. Good evening again. Ty Harris with the law firm of Ty Harris, PA. Notice I'm now the attorney, Ty Harris, PA, not the resident PA. Uh, 110 Plantation Shores.
And Russ and I do agree on one thing. We shouldn't be here. But the reason we shouldn't be here is a little bit different. Um, you heard a bit of revisionist history that there's never been events. There's never been seating. There's never been um things on the
outside on the deck. That's just simply not true. And you I think you heard enough from the folks that have been down there to to hear that. But first, let's just talk about the appeal itself.
The appeal was filed on behalf of the Lower Madakumbi Beach Property Owners Association. Well, I looked them up. They don't own any property. I don't know how they can file an appeal. They're not a a a formal HOA.
and the other people it says is, you know, certain adjacent property owners. That's not identifying who who's who's appealing. I think it's a defective appeal and we're well past the 30 days. So, of a a procedural standpoint, I
think this appeal is defective to begin with. Second, the reason that we shouldn't be here isn't just because there's a defective appeal. We shouldn't be here because the footprint of use for Safari Lounge has not changed in 30
years. My understanding is that what precipitated the conditional use application was a discussion and a proposal to have extra seating out on the beach. Once that that was taken off
the table after meeting SUNTEX met with the with Robert Moer's group and met with um with the the village staff, they withdrew that request. At that point, they don't need a minor conditional use. They haven't increased the intensity or
or density that would trigger a either a minor conditional or a major conditional use. So, in the olden days when I was the planning director, when we had these situations, we would call the applicant up and say, "We'd like to refund you
half of your money. Have a nice day. You don't need a minor conditional or a major conditional use." So, unless they've expanded the use of the property, which they haven't, and there's no evidence that they have, they didn't even need a minor conditional use. So that was what we would call
legally void abinio, meaning void from the beginning. So they never needed it. They they imposed conditions on themselves because they were trying to be good neighbors. Those conditions um didn't work out. You know, the conditions that they need to to abide by
are the villages ordinances and regulations, not Robert's rules. You know, closing at 9:00 during the weekday is just not tenable. It's just not. It wasn't something that Safari Lounge, the dead animal, ever had to do. Why are we
imposing conditions now that are beyond what was allowed before? Because if they haven't expanded the use, there is no need for a minor conditional use. So, we shouldn't be here. That we agree upon. Uh second, I will tell you on the record
now, we are absolutely comfortable with having no fireworks or no noise makers for any type of events. We've we've offered that before. I think I've talked to uh at least four of you about reasonable, you know, accommodations are
one thing, but when we get into hours of operation, not being able to have live music, not being able to have amplified music, you know, I I promise I won't make any pie references like Russ, but if you know me, I'm a movie buff. And um
two movies come to mind. I feel like I'm Kevin Bacon in Foot Loose. I'm dealing with the you can't dance crowd. You know, these are conditions that you put on because you don't want people to have fun. Which brings me to my second movie
reference. This one's a little more obscure. If you remember Tom Cruz in Minority Report, you know, they arrested everybody because they knew they were going to do a crime in the in the future. What these conditions that we're asking to have removed are actually, you
know, perspective. They're not because these guys have done anything wrong or the dead animal did anything wrong. It's well, we don't trust the the the um the rules of the village to keep us safe and to keep it from being noisy and out of hand. So, we we're going to put these
9:00 restrictions. We're going to treat you like a a third grader instead of a responsible business owner. And that I find abhorrent. And um I think that most everybody here and I've didn't make them fill out speaker cost cards, but I
wanted them to be here to show that there is support in the community for the dead animal. And so at this point, I would just ask that they raise their hand if you're here in support. Just a few of us and we all vote.
So, so again, I don't think the appeal is is actually legally constituted and I I don't think that we should even be subjected to a minor conditional use. Although we are still willing despite
that to agree to those conditions that we left untouched because there those were common sense like parking and things like that. We've also, you know, continued this dialogue about shutting everything down at 10:00 outside. That's
a reasonable that's a reasonable time. That's okay. But at dusk when everybody turns into a vampire, no, we're not doing that. I'm sure there's a movie reference there, but I'll I'll spare you a third. And with that, um, I'm here to
answer any questions. I have representatives of SUNTEX here and um as most of you know that they would like to enter into a lease with a local operator um Eddie who owns um Habano South. And
so, you know, as as all as all of you know, one thing, can I just ask that the public please refrain from commenting or cheering or booing or whatever it is, in order to
speak, you have to be sworn in. This is a quasi judicial uh hearing that we need to have a clean record regardless of which uh decision the council makes. So, please uh refrain from that. If you'd like to show support, you can do silent shaky hands, whatever it's called.
Jazz hands. Jazz hands. I'll I'll simply I'll simply end with this. The staff report in and of itself constitutes competent substantial evidence in a quasi judicial hearing, which is why U. Russ and his group tried
so hard to get staff to change its mind and to recommend denial or to recommend modified conditions. But um that's the evidence that's on the record that supports um our our stance which is these conditions are completely
unreasonable and anti Marada when we're in a tourist commercial zoning district in a place that's been open for 30 years or more. And with that, thank you very much. Ty, before you leave, does anybody on council have anything for Mr. Harris
before we start? Uh, Steve, Anna, Deb. Okay. Thank you. Thank you. Okay, John. I guess we do. All in in favor first. Correct. Marne. That's what I honestly
honestly. Go ahead, Marty. the folks who have um indicated support uh will speak first. Uh we begin with Robert Mojour. Can I clarify the support for the appeal? Yes. Okay.
So, yes, support would be in support of uphold uh denying the affirming the appeal, denying u the planning director's decision. Understood. But I I do think do think that things
got First of all, my name is Robert Moser. Hello council and mayor and staff and audience who hates me. Um, I am a homeowner on Sunset Drive since 1976,
although we've been coming down since the 60s. Um, I'm also the president of the Lower Madakumbi Beach Property Owners Association. So, I hope that I get both three and five minutes, so eight minutes. Um,
I hope not. Firstly, I'd like to say that I take just a little offense to Mr. Harris's calling me out and contributing to bullying. It's just not right and not fair. And I hope that the rest of this
meeting goes civily. Next, over the last third over the 30 years, it's actually been since 1982 when they were opened at the Safari Lounge. So 40 years minus the x amount of years they were closed as a result of
Hurricane Irma. Um and their reasoning for closing down otherwise. Um there has never been outdoor amplified music. There has never been outdoor seating.
Certainly not permitted. And even if either of those were true, it was closed for over 2 years. And there's certain rules in the village that do not allow nonconformance to come back in. Next, one of the main points that Mr.
Harris had mentioned was there was no ownership. Well, a judge recently has declared that the homeowners association owns an easement and that it is their property on Sunset Drive.
Um, not to mention a bank account worth well a nice bank account. Um, we pay for insurance for board of directors. We pay for insurance for the street and for the easement. Um,
next, uh, a new application for outdoor seating requires a hearing. Period. No matter what negotiations are going on, I'm not going to discuss anything further on
that matter. Next, outdoor seating is an increase. So, I'm going to leave that on the record. Now I'm going to go into what I was going to start with, which are just the facts. Robert, can you stop for a second? Marty,
she needs to add two minutes to this. She had you at three. Thank you. Thank you. I saw you playing with the clock. Okay. So, the mission state representatives that represented the association that had Could you hold that for me, please? I reclaim my time.
Okay, everybody, we need to take a step. So the mission statement above says the right to quiet enjoyment of life unless of course you want to be outside amplified music and drinking.
SUNTEX is the owner of hundreds of marinas and restaurants that they operate. They are very high-end operator. SUNTEX bought Kousa Cove and the Safari Lounge.
SUNTEX is the applicant, not our dear friend Eddie from Habanos, which we frequent on a regular basis. In March of 2023, the village proposed conditions on the restaurant Safari
Lounge, Oceanside Safari on their restaurant application for outdoor seating. SUNTEX revised those conditions and sent them back to the village. The village then updated those
conditions to address SUNTEX's concerns and sent them back to SUNTEX. SUNTEX then approved those revised conditions for their restaurant. The village then relied on this agreement and issued the permit for conditional
seating for outdoor seating. The restaurant was open for about 2 years and shut down. A main point that's going to be raised tonight are the hours that are in the condition. The association, myself, no one ever asked for hours to
be included in a condition. They certainly didn't ask for the hours that were mentioned. But by the way, for only four days a week, those hours are only one hour earlier than Habanos, which is one of the most successful I'm sorry, it
is the most successful restaurant in lower Madakumbi Key. Eddie from Habanos now wants to lease it. Robert, your time is up. Eddie might not always want to be their tenant. Last sentence, if the weddings and special events are allowed on the
beach, is that development as it was said that there is no development with environmental concerns? Thank you. Uh Marne, who's next, please? Next is Joe Campbell. So, wait, are Joe's in favor?
I'm going by what people wrote on. I I think there's a misunderstanding. I think there is, too. Okay. So, Mr. Robert just spoke against that. So was supposed to be for first, but it was for the appeal. I understand the confusion, but I don't want everybody else to be confused.
Well, how do we fix it? I I would suggest then that folks who have asked to provide testimony just come up. Yeah. When you guys come up, tell us if you're for or against because it is sort of uh confusing. So, Mr. Campbell, come on up.
It's very nice to see you. Nice to see you. Does this thing work? If it's not, well, if you do, that might come off the podium. Yeah, it does. Yeah, it does come off the podium. Well, there you go.
All right. What a hard act. What a hard act to uh follow here. My name is Dr. Joseph E. Campbell. I live at 121 Tollgate Lane, Isa Marada. I should say Laura Matakumbi and Tollgate Shores. Before I go on,
since I represent the homeowners of Tollgate Shores, could I get an extra few minutes? Go ahead, John. I was just say in terms of representing our code requires evidence of representation. So if if you do have
evidence if there's rep if you do have evidence that you're representing a formal organization, you mean like an official card or something? I mean, is this a you say you represent the residence or you represent a corporate like a We have a homeowners association and I talked to people there and they said if
you're going just go on with the letter that you wrote. They saw that. I sent it to all of the council members and they said they were in complete agreement with it. is that so council usually we would require a that that the board okay it Joe try to do it in three minutes
do it in three well how can I start you know I'd like to mention a couple of things but first uh I have to witness a miracle here tonight because I know lawyers can talk about everything and anything and make things seem obvious but tonight it's a
first lawyer actually made me hungry talking about so much pie Okay, very quickly, I met a man a long time ago who had a vision. It was Leslie Tazzle. He did more for this
portion of the Keys than anyone else. And it expanded all the way to Mariners's Hospital, built a building there, and when it was done, he walked through. He says, "It's bleak. We need art." He went out and bought many pictures of local artists and displayed
them on the wall. His pride and glory was Kusakov. He said, "We're going to have, you know, a barn. We're going to have this, that, the other." And in particular, his favorite was the safari lounge.
I think we owe it to him to continue it. Irma took it away from us. It's up to us as a village, not lawyers, but as a village to say, "Let's bring it back." Why? We're the only island of the
village of islands that doesn't have a bar. Okay. I demand parody. We should have that. So bring back the dead animal bar. Whatever you want to call it, we need
it. Why? Number of things. Yes, we did party there outside with extra seating, etc. Whether it be uh Christmas, St. Patty's Day, uh Memorial Day, Fourth
of July, oh, fireworks were included. Some guy came down religiously, wasn't even a member of the bar or resident here, but shot him off. Okay, fine. And even Labor Day, I I mentioned that one because few of us, especially with
veterans, like to raise a glass for the 242 veterans that were killed in the park at Tollgate Shores. Okay. So, we like to take care of our own. One of the things that's missing, people who died
would be celebrated for their lives. So people like Barbara Neil or Chuck McCarthy, nothing because there was no bar. We need it. It's something the government can't provide, but at least
he can agree to it. So Irma took it away. Could you please return our bar? We need it. Thank you, Joe. And and you did it in three minutes. So, I appreciate you being academic.
There you go. I appreciate it. Thanks, Doc. Marne and whoever comes up next, please say if you're for or against. So, Martney, thank you. Yes. Next up is Bill Hardy. My name is Bill Hardy.
Lisman Court, Port Antigua. First of all, I'd like to thank each and every one of you. This has just been a sample for us of the rigors of doing what you do. Thank you. I'm here to give Eddie total support in
unrestricted activity at the Safari Lounge, Dead Animal Bar, as you can tell by my hat. One thing we need to take in keep in mind specifically regarding music,
don't forget that the DAB was completely reconstructed after Irma with hurricane windows. And those of you who have gone through old windows versus hurricane windows as
I have know that they are unbelievable in terms of noise mitigation. So I think some of the concerns by the neighborhood with regards to music are unfounded. Secondly, I'd like to mention Eddie is a
local businessman obviously extremely conscientious. tremendous success with the restaurant. Try the hook and cook, by the way. It's fantastic. I have known two people who lived on
their boats in the harbor at Kousa Cove. Called them both. They both said they were never disturbed by the antics at the safari lounge, even with the old windows. So, I think some of the concerns and and
I get it. I mean, I understand that folks have concerns. I I have concerns in my neighborhood when folks get a little spunky and rambunctious, but at the same time, I think they're f their concerns due to distance
and not inconsequentially windows. Um, they don't need to worry about it. All the best to Eddie. I give him my ultimate respect and I urge you strongly to give him unlimited access to
develop the Safari Lounge. Thank you. Questions? No, no questions. Marty, who's next, please? Next is Thornike Williams. Please state if you're for or against, please. Uh, four. Okay.
Definitely four. Definitely. Um, my name is Thornike Williams, uh, 142 Sapadilla Drive, lower Madakumbi. Um, I just want to keep it simple because I think it is actually simple.
We're just looking for some relief to some of the um requirements or or um restrictions rather that were put on the um recent um paperwork or ordinance,
however you want to describe it, so that this thing can operate um in a as a a um local small local business in um in a profitable manner. cuz otherwise nobody's going to want to
do it. But I just um I just ran across a uh copy of this Keys Life magazine and I thought something was interesting about what I read in one of the first
paragraphs of of one of these um articles in here. says something you already only you all already know, but says the Florida Keys have always prided themselves on their small town charm and local businesses. From family-owned
restaurants serving the catch of the day to dive shops run by third generation locals, the islands thrive on that intimate everybody knows everybody atmosphere. Interestingly enough, that was the
opening of an article about what we're talking about. So, there's a certain understanding of what we value as members of the community.
And then I'll just repeat that um let's send a letter to the the um sent a letter to the council members um basically just indicating that as longtime residents I will just repeat this to you of lower Madakami my wife
and I are writing in strong support of reopening the safari lounge of Klus Cove. We believe there is a significant need to attempt to protect and preserve at least some of the originality and character of the village that initially
attracted many of us to this unique area. In the face of continued relentless corporate and private equity intrusion, we believe in the efforts to preserve at least some of the small pieces of culture and character of an area that
are disappearing as we speak. We we ask only for a balance between the need for tourist supported financial interests of the village in general and resort style businesses specifically
and small locallyowned businesses that contribute to the originality and character that we referred to above. We need to get some I know people interested in the rest of it preserving what we what I consider I
think a lot of people also consider is a community landmark. Thank you. Your three minutes are up. I I let you keep going because I felt bad. I didn't want to cut you off. But okay. Thank you. So I want I'm I vote yes. Please.
Thank you. I appreci appreciate you. Okay, Marne. Who's next, please? Uh, next is Joe Wish Meer. Uh, Mr. Wishmire. Are are you for or against? Let us know. Gee, anybody want anybody want to take a bet?
Joe Wishmire, Plantation Key. I'm going to say neutral because I just don't understand this for and against. So, let me just give you a background. I worked at an area. I don't really want to say what it was across the street
from the safari lounge for over 30 years. I had my boat there. I spent many, many a time off duty at the And I appreciate people calling it the DA. That's what we used to call it all the time,
especially by some of the uh pictures that were inside, Mr. Tassel himself. Have there been some special events there to a degree? Yes, we actually even had a pirates day one time where I had my sailboat over there taking people
out, including Mr. Tassel. The biggest problem that I have here is, you know, one of the conditions for the outdoor seating was no amplified music and the council agreed to that and I think that was pretty cut and dry.
However, my biggest problem and I would urge some of the council maybe to ask the planning director when she comes back about parking. Parking has always been an issue over there, especially you have I believe it's 52 time share units.
I believe that there's a code that says you have to have certain amount of parking for them. You have charter boats. Again, I believe there's an says that you have to have a certain amount of parking spaces for that. You have the bar, the restaurant. Thankfully, Habanos
is still there. I can't tell you. I think the longest a restaurant was there maybe 4 months or 6 months before Habanos took over. It seemed like it was always changing over. But they are a very successful restaurant. Now, we even have a boat dealership. One
thing that I'm I'm afraid is not even included in any of this parking is the barn that has all the boat storage, in-n-out boat storage. I don't believe there was ever a reference for parking
or any parking spaces for that. So, is there a parking analysis? I don't know. I think that that that is the the only complaint that I have. I've I've spent many a time over there. had a great time at the at the DA and I would
love to see it continue, especially when it was a local affordable place as compared to some of them that are out there now. But I wish that somebody on council would ask the planning director, is there a parking analysis and what are the requirements in those specific
parking that I mentioned, the time share units, the charter boats, the bar, the restaurant, the boat dealership, and especially the barn. Thank you. Thank Thank you, Joe. Marne. Next is Paul Garber. Paul, please state if you're for or
against. Um, opposed to the change in conditional use. Go ahead. Yeah. So, Paul Garber, Sunset Drive, lower mat. So, my wife and I are full-time residents of Sunset Drive and we live a very short distance across the water
from the Safari Lounge. And contrary to some of the misinformation that been circulating, the residents of Eric Drive and Sunset Drive are not responsible for the closure of the Safari Lounge, nor are we opposed to the reopening.
Our concern lies solely with the permitting of outdoor music and amplified sound and the effect this will have on our quality of life. Excessive and prolonged outdoor music diminishes the peace and quiet that
residents in the area have long valued. On March 17, 2023, representatives of SUNTEX met with residents from Ericoy Drive and Sunset Drive and clearly stated that there would be no outdoor music or amplified sound.
The permit that allowed the Safari Lounge to reopen was based on these conditions. It is troubling that these terms have been altered and that the village planning and development services appears to support the change without regard for those living nearby.
For many years, the Safari Lounge coexisted peacefully within our community without outdoor music. That president demonstrates that successful business can operate here without negatively impacting the
residents. We respect and ask the village council to honor the original agreement and permit conditions. No business, regardless of popularity, should operate in a way that infringes on the well-being of its neighbors or
disregards prior commitments made to the community. Thank you. Thank you very much. Mary, next is Sue Miller. Sue, please state if you're for or against.
Um for and against um Sue Miller lower Madakumbi. Um I find this really an amazing meeting and I love to see this many people. I wish there were that this many people
when we were talking about the budget and so many of the other critical issues. So please come back often. Um I I find that that the purpose of this
is really confusing to me. Um this was considered a the changes being requested are considered a minor deviation that can be changed by the planning director.
I don't know whether whether how you judge what a minor deviation is, but I didn't go to law school, but I was listening and it was pretty confusing, but I believe that it is not a minor deviation
and it doesn't fit with the code. That's what I came up with, but I always thought I should go to law school before I made statements like that. I think that um this uh audience makes it clear. We've
always joked about how we used to be a quaint little fishing village with a drinking problem. Maybe now we're becoming a quaint little drinking village with a fishing problem because I know the fishing isn't like it used to
be. So, I happen to love Habanos and Eddie. I just I think he walks on water and he's done a remarkable job at Habanos with outdoor seating. No outdoor
seating, is there? No amplified music. and he can do anything without without amplified music and without door seating. I'm convinced his once he walks
onto that property, it will be a success. He will make it a success no matter what. And so I'm not sure that we even need these changes. It's going to
be a success one way or the other. and everybody, you'll all want to be there because it will be great. Thank you. Thank you, Sue. Morning. Our last speaker is Brad Dy.
I'm going to ask our planning director and our lawyer to keep it down. Everybody else has to. I can hear you. Brad Doerty, Laura Madakumbi. For or against? I'm for the
safari bar and I'm against the appeal. Go ahead. So, you know, I've been down here a long time. I'm got property in the subdivision that they all speak about lower Makumbi Beach. The problem is some people have made statements here saying
that they talk to the residents on Ericoy. Now, there are members that are in the association that are on both Sunset and Aircoy, but not all property owners are. So, they don't speak for everybody and not all of us have been included in some of their discussions if we weren't a member of the association.
I'd like to talk about Mr. Tassel. Great guy. Used to drive down the street in his golf cart. He'd always stop, talk to my kids, ask if he could have the coconuts off my coconut tree. I said, "Mr. Tassel, I'm I'll cut them open. What you want me to break open some co?"
Oh, no, no. I want to paint them. and I send them to my neighbors up north in Michigan. Great guy. He opened a safari bar in 1981, 44 years ago. Hurricane shut it down. So, they used to have numerous
activities there. They had um uh charity events. They had events where the politicians running for office would meet and greet the local residents. all kinds of activities. So, I'm against giving them any conditions. I think it
ought to be uh all that should be rescended. They shouldn't be restricted to 12 events. And more importantly, I'm concerned about why this appeal was even processed. Uh as the Mr. Harris stated, and I' I'm
not an attorney, but I can read and I can read pretty good. And the the the appeal uh and Mr. Jaggel seemed to be a a fanatic on codes and how strict you should be in following them. Well, he didn't follow the application process
because it says to file an appeal, you have to be a adjacent property owner. There are no adjacent property owners listed on his appeal to the planning department.
Lower Madakumbi Beach Property Owners Association does not own property. An easement is not ownership of property. There are no identified adjacent property owners. So, it's a nebulous appeal that's been requested. The planning department should have denied
immediately and told him the grounds for the reason why we shouldn't be here at all. I support the Safari bar as it was. Please deny this appeal. Throw it out. We shouldn't be here. and remove all the conditions. Thank you. Thank you very much.
Marne, where are we at? Uh, there are no other speakers. Can I add one more thing, please? No, I did want to say something about the pie. And Mr. Diego, he likes codes and he likes pie.
So, I want to say not long ago, some of these same people, this association, they wanted to take my pie away. They wanted to prevent the residents from going to the beach in their boats in the shallow waters. Just remember that
they don't have a problem taking away other people. Thank you. Okay, Marne. Public comment is now closed. And so hold on. I was on that list. I have She has a list. Come on. I didn't
know. Come on. Where'd you He's on the ground. There he is. Just I just want to wait. Just confirming that you were sworn in. Yes, I was here from the beginning. Hello everybody. So everybody knows I
wear my uh heart on my sleeve or against I am four 100%. What's your name please? Pasta pano. P S Ta P A N T A L O. I filled out the thing. So when I see the mission, it's for all the people, not three or four. This is
about three or four people. Always has been, always will be. I live on the street. I know that who they are. Same people that danced to some real heavy rock and roll at the DAB every Tuesday night. They were all there. We all partied together. We all hung out. I also know Eddie a long time. He's very reputable. He's a pillar of the
community. He's not going to do anything to jeopardize our quality of life on that piece of property. I know that for a fact. What he's going to do is what everybody else does. We can't take Island Grill. We can't take uh Lauraai. We can't take all these places and start dictating what they can do. People come here and spend millions of dollars a
year to take the flavor of our keys and that is one of our flavors. Our flavor is acceptance, a little music, a little fun. We have we have some laws in the village and everybody has to abide by those laws. Everybody according sound ordinances. I play live in a lot of places. I know what the decel ratings
are. I know how loud we can play at some of the breweries and we have live music at every brewery up and down the street. This is no different. He's not asking for live music. He's not even asking to have big parties. He's asking to have a business that he can dictate what he can do within the letter of law to village.
And this village was formed on one thing, mom and pop shops. That's what it was formed on. That's why we succeeded from the union. That's why it became a village. We wanted no big box stores. We got some. We know we had to bend on rules. We had to get these people in here. I get it. We had to. We need a pharmacy. So, we break a rule. We need
all these things. But what we don't have is we have corporations, but we have mom and pops. I'm a mom and pop. Everybody like around here is mom and pops. Without the mom and pops, we're not a village anymore. We're just not. And one of the best mom and pops we have is Hobanos. It's hard to have a restaurant
here and make it. How many people change restaurants and get that feeling where they're not here anymore? The people aren't here. We have a real great standard with with the Habanos. Let the man have his place. Let the man have his property. He's going to do a really good job with it. And there's ordinance against anything he's wanted to do. And
no fireworks. No fireworks. I'm I don't like fireworks anyway. Thank you, Pasta. Thank you very much. Okay, so now public comment is now closed. All right, council, who wants to go first?
Can I just I just wanted to clarify a couple things that were said. So, first, um, the adjacent property owner appeal rights are in the site plan review section. This is not a site plan review. This is an administrative appeal. If you read the administrative appeal section, those refer to any
person agrieved by an administrative decision. So, they had every right to file the appeal. Um, second, um, regarding u, Mr. Eagle's comments regarding temporary uses would just be a free-for-all and they didn't need to apply for a temporary use permit. They would still need to apply for a temporary use permit under that section
of the code. This would just limit how many they could apply for. And third, um, the comment Mr. Eagle made about they didn't have the we don't have the right to do this um, under the minor deviation section. If you read one
section, I got to go back there now. Sorry. If you read one section down from that letter J, any development permit for conditional use may be amended, extended, varied, or altered only pursuant to the standards and procedures established for its original approval. This was originally approved by the planning director. So, it can be amended
by the planning director. Okay. What does that do? That is section 30-216 uh J. So, let me ask you an obvious question. When you add the size of the inside and the outside, it is over. You know, he's down there bugging you now
with me. When you add the two sizes, the inside the outside, it is over 3,000. So, but it was always existing. Okay. That's what I needed to know. Okay. Anything else for Jennifer? Do you have anything else before we start? No, ma'am. Okay. Who wants to go first?
Oh, no. Go ahead. Sometimes it pays to be the old guy in the room. So the but the you know the the the code used to say in a county code had always said that um when they adopted a code in 1986
there was a clause called the deemer clause and it said that when you were if you were in existence on the day of the adoption of the code you were deemed to have a conditional use and since the code went in in fact in 1986 and it's carried on and this was built in in the
early early 80s Yeah, I frequented it a bunch back in the day. Um, uh, you know, it was a conditional use. It was something that was previously approved and there was outdoor seating there and there was outdoor
entertainment there. Um the the code, you know, says that uh 216E uh says the director in accordance with the pro procedures and standards and limitations of chapter shall approve approve with conditions or deny an
application. So they she does have the authority to to to work through the code. John, you need me? Yeah. I well I just wanted to um because it sounded like we were getting into deliberations as opposed to questions of staff under the code before we we get
into council deliberations the um staff and applicant have the right to make a final argument. So I just wanted to make sure we want to do that. Yeah, sure. Let them do that. Okay. They can also wave it if they'd like. I'm all I'm all set. I don't need to make any additional argument.
I think Mr. Eagle standing up so I could I'm so confused about Yeah, I know we are team we're looking at we're looking at a code change on this. So the evidence is closed. Um so council I want to remind you this isn't about
habaneros. This is not about whether Safari Lounge should be allowed to reopen or not. Safari rounds can reopen anytime anytime at all. It closed because they said, "Well, we can't make it work." Why can't they make it work?
That probably has to do with what they pay with the property. I don't know. But the idea that we're sitting here today saying Safari Lounge, you know, we're trying to stop it from reopening. That's not at all. There's no prohibition of Safari opening today. That's it. So, as
the evidence, I think the evidence is clear that the code was not complied with. And as the mayor pointed out, we clearly've exceeded the major conditional use requirements or we exceeded the square footage requiring a major conditional
use. The argument in response is, well, we didn't do it right, but we're allowed to not do it right a second time. I don't think that's what the law says. So, you all put in a lot of time, and I don't want to make this any longer than it needs to be. This isn't a popularity contest. It's simply about reasonable
limitations that allow both parties. Safari or that property owner's uses have been expanded consistently since they got here. It's just asking reasonable limitations to be put in place so that people can enjoy their residential lifestyle. And in that
regard, if you look at the zoning map, that property is surrounded by residential neighborhoods. The only exception is the boy out camp across the street. So that's all people are asking. They're not trying to put Eddie out of business. They're not trying to do
anything to harm them. They would like it to be successful. They just want to preserve their lifestyle as well. So please understand, it's nothing personal. It's simply balancing rights. Whether you like the P pi analogy or not, it's about balancing rights. And
it's a tough thing for you guys to do. We're asking you to preserve ours. And that's it. Thank you, Mayor. Excuse me. May I reply in fairness to a comment, please? It's a question direct to you at
your discretion from the hearing procedures. I was I'm looking at our attorney. Only staff and the applicant have uh the right for um the applicant. Thank you. Your attorney is um your attorney spoke. So now I believe Ty
wants to get up there. I referred to the attorney because he knows much more than I know. Attorneys get paid by the word, right? Um so just to summarize, Mr. Jaggel pointed out that he did not
believe that the um modification of the conditions u met 1.2.4.1 and 1.2.4.3. I think those are the ones as you heard on the record from your uh professional
staff under section 30-216 uh the planning and development service director or the planning director has the authority to modify these conditions. So with that I will tell you that the appellant failed to meet their evidentiary burden which was theirs to
carry in an appeal. And with that I got nothing else to say. Okay. All right. Uh, go ahead, John. You want to say something? I was just say now we can we can close the um testimony portion and uh and move on to council deliberations. Okay. All right. John Don, do you want
to pick up where you were? Sure. Yeah. And and to follow up with what's been said, 3216E uh does give the planning director to approve or approve with conditions um um
or you know changes to the u conditional use. Um it's it's been an existing use. It's it's tourist commercial and not a nonconforming use that I can see. Um, so
I I I just think that I I think that sometimes the neighbors think of something that is just going to be terrible. And I heard this when I was sitting in that audience on another uh conditional use and approval that was
made. the sky was going to fall and you know terrible things were going to happen and and there's been to my knowledge no complaints from that particular business and they're I guess they're doing okay. Jennifer, do you
have you ever asked your code enforcement people in in the past how many noise complaints that we've actually had from from different business or people of of other businesses in the village?
Um, in anticipation of this meeting, because I thought that this question might come up, I did ask um code enforcement to do a report. Um over the last 10 years within the village, we've had 10 noise complaints over the entire village. Three of which ended up in code enforcement. Um the rest were dismissed
as as not not actual noise complaints. So three actual in 10 years that were made that we know is a complaint. Yes, sir. That's my point is that nobody likes change and nobody everybody anticipates that the sky is going to
fall and you know it it makes people want to do resolutions and it makes people want to change the code and not allow people to to to run their businesses and and and the sky's not fallen and and we've got codes for noise
complaints. And if somebody's violating the code when it comes to a noise complaint, pick up the phone. That's what we've got our sheriffs for. That's what we've got code enforcement. But don't make somebody guilty before they even get a chance to do what they got to
do. Um we've got to support our local businesses. We've got to, you know, we they're exactly right. Lower Madagi has one restaurant and I I just think that Jennifer was within the bounds of of
what she's allowed to do and and I I I just I don't see a problem here. All right. Who wants to go next? Anna, Steve, Deb. Sure. Go ahead. I'll go. Um, I can tell you
being the young woman in the room, Don, that as a kid, um, I have been to Safari Lounge and there has been outdoor seating, there has been live music, there has been many events at that place many for many years. So
why anybody would even agree to these other conditions to start with, I don't know why they would do that. Eddie is a stand-up person. I know him personally. I know he would do nothing to disrespect the rest of that lower Madakubby beach. Robert, you're a great person. Also, I
think that you guys can all get along. I think that he's not going to do anything that's going to jeopardize that business and I think it I think it would be a good thing for lower Madakumbi. Get back to where it was. Steve
I guess I'm I'm seeing a a a trend of of whether it's residents or businesses going out, getting permits, not being satisfied with what the parameters are in those permits, and coming back to us for these changes. That's uh that's what
I'm seeing again here. Um I think that uh Mr. Harris was trying to indicate that that the owner was somehow forced to sign this original or this these original um uh caveats. Uh there was
they weren't forced. Um they were presented with this so they could open up the the bar again and and they accept it. So now we're back here again to seek that change to modify. And while I have every confidence that Mr. Ramos could
operate a successful bar whether there is seating outside or music outside or inside. Um I think that's made clear here. So I I guess I'm just concerned about the trend that we're setting here when um businesses or residents come in
and and and they get something and then they want to expand on that. That's really my my main concern here. Um, I I think that um that should this go through, I I also has every every confidence that Mr. Ramos can work with
the with the neighborhood uh association to uh to maintain a continual relationship to make sure that there are no complaints. I'm wondering if there's any sort of uh agreement that could be made for um uh sound um muffling uh
devices uh if they were to be music outside uh to to help in some sort of um um uh agreement with between the two sides. But uh uh that's really where I'm coming from on this is that I'm just concerned about this trend that we we
keep changing things when people come back to us when they originally agreed to something. I think we change things a lot of times because time's changing. It's look at Manny and Eis. It was a little teeny tiny place, few tables and now look what Chef Michael did to that
place. So to say people keep coming back and want more and more and more, times are changing, things are changing, the demands are different. So we have to we have to do that. Now Ty and I have worked together on several projects. I see where there can be some give and
take on both sides. As always, Ty, I see where uh the hours are sort of ridiculous, but yet then again, I agree with the fireworks. So, I'd be open to uh I do like the stipulations. It's only fair. And um um not everything. Like I
said, some of them are too stiff, but I see where there's the ability to find the middle of the road and to make both sides happy. You cannot cannot stop a commercial business that, you know, you just can't. People have property rights, but the neighborhood, they also have
rights. So, you try to find the balance between the two like we did with the brewery and Tavanir for Chris Trentine. There hasn't been a single complaint, and it was like the sky was falling when we did that. So, I'm I'd be more than willing to go through these things, find
the middle of the road between the two, and and and let this uh move forward. Somebody made a reference to a restaurant. Well, there's a difference between a restaurant and a bar. Habanos is strictly a restaurant. This is going to be a bar, so you can't say they can
be exactly the same. As far as the music goes, I don't see Metallica showing up there. I just don't. And uh, you know, I'm picturing acoustic guitar or something. And so, or something like that. Yeah, there you go. Or Pasta's band. But
uh I I'm just saying that we can find the middle of the road. And if everybody's willing to sit down and negotiate fair, we can make everybody happy because like everybody else, I even have my little giraffe that was in my drink from the dead animal bar still
in my flower shop actually. So um I think compromise is always the correct path. So that's what I'm looking for. Deb. So there if if that becomes a problem, there are sound barriers that can be
used. We've seen them used in this town before on the northern end in places and especially when they're on the water. So but but we don't have any history of that happening so far. Um you were perfectly right is as time change,
businesses change, and I agree with you. I if I was them, I would have never agreed to those hours to begin with. Um, it doesn't say that I don't think we should support our noise ordinance. They they can stay open all night as far
as I'm concerned, but there is a noise ordinance that that needs to be followed. And I don't have a lot of history down there, but I can tell you my dad does. He used to come here in the early days
and they they used to talk a lot about the place. So, um I would I would say that our our mission here tonight is to um say that the the uh planning director
were either supporting what she put in or not supporting what we put in, not necessarily changing the conditions. Um, and I'm satisfied with the conditions the way they're written. But I I think
she had the the um the right to make that call. I do too. Um, but I do see where the hours could be adjusted a little bit. You know, I mean, hours. Yeah. What time they're open and stuff. I don't think that that's our business.
What time they're open? Well, I'm just saying right now it's pretty early. What? 11 a.m.? Yeah. No, no, no, I mean closing. I'm in closing. Oh, no. No, that's being withdrawn. That's what's being withdrawn. It's only the eight that's listed in the book. Okay. Got it. Now,
sorry. Yeah. No, that's good. It's good. Go ahead. You know that when I was a building official of of Marada, we got we kept getting a complaint from one particular bar and um and and it um
you know, I went to the owner and just said, "Why don't you put up some icing glass and see if that does it?" You put the icing glass in it and it and a complaint stop. It does. Um, and it really, you know, it's it the noise ordinance is so subjective. I wish one of these days we would go to a noise
ordinance that used decibb and there was something that was metered and something like that. It so subjective that it it makes people kind of get antsy. But it, like Jennifer said, in the past 10 years, there's there's really only been three documented complaints. and and and
I think people have the right to come back to this council and say it's not working. Um uh and I and I can tell you that that the plan the these conditions that were placed on that were placed on a previous planning director that was so overly
restrictive on everything u that you know so many of the the restrictions that were placed on businesses were were just crazy and u that that's just not the way this town's ever been and and I don't want to see us head that direction. We need to support our local
businesses while protecting our neighbors. Yep. We need to support our local businesses. All right. So, anybody else? That's what I was going to say. Does anybody have a motion? I'll make a motion and John make sure I
get this correct. I'm I want to make a motion that we're supporting what the planning director approved. Okay. So, it would be a motion to deny the appeal. Deny the appeal. All right. Thank you. Second. Anybody? I'll second.
Okay. Marne, would you call the role, please? Council member Deb Gillis. She doesn't know to say yes or no. So, that that is a yes. I want to say correct. Correct. If you want to support your motion. Yes.
It's so hard. Okay. And Vice Mayor Don Horton. Yes. Council member Steve Freriedman. Yes. Council member Anna Richards. Yes. And Mayor Sharon Mahoney. Yes. That motion passes 5 to zero. You can say something now.
You can say something now. Five minute break. Mayor, can we take a break? Yeah. Hallelujah. Yeah, seating outside. Oh yeah. How are you? You're not
sees me. He sees me. Deborah. Debra. Oh, yeah. John, is he under the table? Where's John? Deborah, good luck. ready. Look, see, she just gave me the
finger. Yeah. Thank you. Well, I was putting my place. I was certainly putting my place there. Deborah, take care. Here they come. Drive safe. Going home. You guys ready to start again?
You're fine. This is a size room I like. Okay, John, I guess we're moving on to tab D. Yep. Actually D and E are companions. Um so we can like as historically we will take them together. Perfect. Um so I will read them. We'll take
separate votes on each one but we'll consider them together. Tab D is an ordinance of Alamarda Village, Florida, concerning the request of Tai Harris, PA agent for Leven family LLP to amend the village's future land use map from residential conservation and mixed use
for the subject property at 7680 Overseas Highway located on lower Madakumbi Key with real estate number 00396950-00002000 and to establish a new sub area policy under objective 1-2.11 as legal legally described herein uh
providing for the transmitt of this ordinance to the state department of commerce and providing for an effective date upon the approval of this ordinance by the state department of commerce. Tab E is an ordinance of Isa Marada Village of Islands, Florida, concerning the request of Taih Harris, PA, agent for Lebanon
Family LLP to amend the official zoning map from native residential to neighborhood commercial for the subject property at 76800 overseas highway located on Lower Madakumbi Key with real estate number 00396950-00002000 as legally described herein. providing
for this transmitt of this ordinance to state department of commerce and providing for an effective date upon the approval of this ordinance by the state department of commerce. Um madame mayor again this is a um before we begin uh if the council if you would please disclose any exparte communications you may have
had with anyone with regard to tabs D and E please include whether the person represented any group or entity as well as the subject matter as you recall. Okay, Deb, anything? Uh, yeah. I talked to Ty. Microphone. Can you imagine? Microphone.
Oh, sorry. I talked to Ty. Uh, I also talked to Cheryl Coerson and Lori Lulon separately after the LPA meeting. Don, I spoke to Lori Lelon. I spoke to Jim Ryan. I spoke to Ty Harris.
Uh, and I think that's all. Okay. For me, it was Ty Nancy Hershoff who's involved in it and one of the family members. I can't remember his name. I apologize. Anna, I think Tai is the only one I spoke to about it. Steve,
none that I'm aware of. Okay. Yes, one of the family members. Took a few minutes. Cannot remember his name. Yeah, it's the son. It was the son. Okay. Okay. Can't remember. All right. So, Jennifer, would you like to talk to us? Yes, ma'am.
Good evening. council. Um again, this is um two ordinances. One to amend the future land use map and one to amend the official zoning map. Um both for the property located at 76800 Overseas Highway. Um this property is um the
former tennis center. Uh it's abandoned tennis center and retail shop. Um the property is 3.2 acres. Um the current flum um is native residential. Uh no, that's the zoning. I apologize.
The current flum is residential conservation. Um they're proposing to go to mixed use. The current zoning is native residential and they're proposing to go to neighborhood commercial. Uh the applicant's agent has submitted needs analysis and detail detailing the
map amendment and flum amendment request. It's in your packet. Um the subject property has the existing residential conservation future land use map designation. The property to the north, south, and west is designated conservation. The properties to the east
across overseas highway are designated mixed use and residential conservation. The character of the surrounding area is mixed use with residential uses and conservation uses. The property is disturbed in the area that has been developed and has a hammock surrounding the disturbed
area. The applicant has submitted a vegetation survey and a habitat analysis on the undisturbed area. According to this survey, the area is classified as highquality tropical hardwood hammock. The property is not recognized as habitat to any state or federal listed animal species. A portion of the
property is within the Florida Forever Boundary. Previously, the village had expressed interest in including the entirety of the property on the Florida forever boundary list, and the property owner was not amendable to this idea. Pursuant to the village's GIS data and records, the parcel is identified as hammock and scarified. Um, the full
analysis is in your pocket. Again, I won't bore everybody with the details. You can read that. Um, I would just um also note that um the LPA did read uh re review this uh twice. Um after the first
hearing, there was some discussion about the concerns um going to neighborhood commercial and the uh number of uses that would be allowed um and intensity and that would be possibly allowed there. So um the applicant staff met and discussed the concerns that were brought
up with the LPA and the possible proliferation of uses and how to make the site more compatible to the surrounding area. Um after that we proposed to include policy 1-2.11.7 the lower matakumbi key mixeduse area 2. This new sub area policy would limit the
uses of this property to public and private recreational uses and storage. the applicant would still record a conservation e easement on the environmentally sensitive areas of the property. After that was proposed at its meeting on June 3rd, the LPA unanimously voted to recommend the approval of the
ordinance with that addition. Um and so that being said, at this time the staff recommends adoption of the both ordinances with that inclusion. I'm here if you have any questions. Okay. Um you want to do public comment first, Marne? Well, Ty gets a opportunity. Oh, I keep
I couldn't see him behind Joe. I'm sorry, John. I didn't know he was sitting down. I was slouching. Sorry. Um I I represent the family trust that owns the tennis center. And the tennis center has been
operation operational since 1995. Um the village incorporated as we know December 31st, 1997. and promptly, if you stop me if you've heard this before, took an ongoing viable commercial business and gave it a
zoning that's not compatible with what was already there. And in this case, the the flavor of the of the month was residential conservation, which you don't have to be great at math, but know this. Residential conservation takes 4.0
acres to meet the minimum size requirements. The property is 3.1 acres. So, the property was turned into a nonconformity once the comp plan and zoning code uh
changed the the designation on it. And for many years, it wasn't an issue. 2018, as we were in the height of COVID, the tennis center closed and has not reopened. But under our code, after a
year, 365 days, the use uh that was grandfathered in as a legal non-conforming use becomes no longer a use. So even if I had wanted to bring the tennis center back or some iteration
of the tennis center with pickle ball, I couldn't do it. I had to change the zoning. And in the village, there are two zoning class classifications that um allow private clubs. One of them is village center. We weren't really in the
village center area. Or the other is neighborhood commercial. So picking the lesser of two evils. I originally applied for um neighborhood commercial with a number of caveats where uses were stricken. um at LPA the question came if
you if we deed restrict that property those deed restrictions could possibly fall off after 30 years. So we went back and Jennifer and I worked on a sub area policy. Sound familiar? Sojourn. So we
did a sub area policy limiting the uses to only two things. recreation, which would still allow a club, or storage, which is the other pro um person that's been interested in buying it. It's it's either been a group that wants to do
pickle ball or tennis or a group that wants to do storage or a group that's going to combine the two. But those are the people and those are the uses that LPA recommended unanimously seem to fit for lower Madak Bay and this property. The other thing is that as part of this,
there will be a conservation easement placed over the area that's considered habitat. So the only area that could be quote redeveloped into a pickle ball, tennis ball, tennis court, whatever, is the area that's already scarified. So
none of the none of the area that's that's untouched will be touched in any redevelopment. And again, uh, we've we've promised that upon second reading and approval in the 30-day, uh, appeal period, we will file a conservation easement on that portion of the
property. So, with that, I'm going to wrap it up. And if you have any questions for me, did you guys restrict the height of the storage units? Well, the village has in its charter a maximum height of 35 ft. Are they going to do that? go. I haven't heard I've heard more outdoor
storage and possibly using the existing building as some kind of, you know, little office for the outdoor storage. Jennifer, do you know anything about that? Um, I don't know, but any future development like that would still have to come back through a whole development approval process. It's going to be site plan.
Anything like that. So, that's good. Just checking. Thank you. We're just changing colors on a map right now. Anybody have a question for Ty before he goes away? Oh, back up there. Ty, you said that um that you were going
to put a GOIA on the uh uh high quality hammock that surrounds that. Yes. And I know that goas can change um at, you know, with an application to the director of planning. Is there something that you're willing
to do or your clients willing to do where they're they would in perpetuity protect that high-quality hammock and not come back and ask for the 10% clearing that would be allowed? Absolutely. We can make that um a condition of of approval, a volunteer.
I'm profering that because that is the intent of the owners and they would want whoever owns the property after them to honor that same condition. Nobody wants anything else touched. So, the way that you're going to you'll modify the they y'all will agree to modify the grants
conservation easement to where it cannot be modified at the at the applicant to the planning, right? And and and you know, on these applications, you're not required to provide a habitat or a veg survey that you don't need to do that for a zoning
or a comp plan change. But Jennifer was very concerned and and Daniel were cons were were both concerned about the habitat. And even though it wasn't required, they asked me if the applicant would be willing to to do it. And they we did. We we did a delineation. So we
know with great degree of accuracy where that line's going to be. You have a survey that shows the limits of the the area of Yes, we do. Very good. Okay. Thank you. In fact, Jennifer wouldn't recommend approval of this application until we did all of
that. Even though it wasn't even though it's not required, she's like, "If if you want a recommendation for approval, you're going to have to you're going to have to supply that." And so, we did. Thank you. I wouldn't even move it forward in the process till I'm sorry. Did you say yes or no? Oh, go ahead.
So, uh I I wanted to commend you for um making another sub area. Um I I think it's important going forward that we we recognize the fact that that the area
the zoning that the people were in is not allowing things to happen that need to happen and yet to open the door for unlimited growth in the area is not what I think
we want either. So, these sub areas that we're coming up with, I think are very important and um I've had watched both of the LPA meetings and and you guys did a you and Jennifer creating this did a
great job and LPA did a great job in in trying to work through that. Ste, are we done? I'm sorry. Done. Steve, do you have anything? Um no, I think uh uh Don alleviated one of my concerns. I think that's a great point. Um, thank you for profering that.
Uh, and, uh, I really respect what the LPA does and so, uh, you know, I appreciate their recommendation, their due diligence on this, Anna. Okay. Uh, any Do I have to ask Ty if he wants to come back up again? Was there anybody speaking for or
against? Uh, do we have Joe, Sue? Yes, they are the only two speakers I have signed up. Yeah, I figured that out. There not too many of us to do that, huh?
Yeah. Joe Ishmire, Plantation Key. Some of my concerns were alleviated here because my main concern was for all the hammock, all the high quality hammock that's around there. Number one, we don't know if even the tennis club should have been allowed to go there to begin with. How many times
have we seen people, developers that take a piece of property that is full and there are restrictions on to how much they can take and then next thing you know the whole lot is done and they say, "Well, we're just going to make mitigation."
And I certainly hope that doesn't happen in this case. I was concerned that the the owners were going to go for this and then try to put a whole bunch of housing and all kinds of stuff that was going to create all kinds of problems. But if it's only going to be recreational or
storage and you all put these caveats on there, that definitely uh alleviated a lot of my concerns. So, I want to thank you for that. Thank you, Sue. Sue Miller, lower Madakcomi. There is no notice on the property as
required. I asked that today and there is. There is not a notice. I go past there every day of my life. I went past there twice today. There is no sign. There hasn't been a sign for the last three weeks. Jennifer.
So, the property was posted as properly as required on July 1st. I have uh pictures of the posting and I have a posting affidavit signed by the agent. Okay. So where John? So So in other words, if you want to post something, then you can take down the sign after you take a picture. Thank
you. Um, our land development regulations provide a means for changing the official zoning map, and I quote, "It is not intended to relieve particular hardships, nor to confer special privileges or rights on any
person, nor a permit, nor to permit a change in community character, but only to make necessary adjustments in light of changed conditions." what conditions have changed. The applicant's
representative, Mr. Harris, in fact stated that the intent is to reestablish the tennis club, not to change anything. But it sounds like now that they do want to change something. But what what has
changed to cause that need to have the sub area at the application for the map change that's in the agenda. Uh the property owner states in his final argument,
the proposed reszoning and flum will not have an adverse effect on the community since the existing use will not change and the zoning and flum requests serve to protect that use. If in fact the intention is to protect the tennis use,
the zoning should be changed to recreational use. If now they want to change the use, they need to demonstrate what conditions have changed. Two policies were cited by the staff. Comprehensive plan policy 1-2.1.9
and comprehensive plan policy 1-2-1-14 requiring legitimate public purpose. It is the staff's opinion at one time that this request is not compatible with the two policies according to your agenda.
Staff also states the proposed amendment could negatively impact an area of highquality hammock. Our regulations are clear. In no event shall amendment be approved which would result in an adverse community change and the staff thought a commercial use would be
adverse. So to overcome the objections a sub areas proposed, I want to make it clear, I would like to have it made clear that when
um that sub area says that the only uses are public and private recreational uses and storage. Is that storage that would be a primary use
or are they allowed to have the sale of the stored product? Sue, you've gotten your three minutes, but I didn't know if you were doing five, so that's why I've let you supposed to do five, but I'm I'm sorry. We put you at three, so go on. Okay.
Um, many of the residents of lower Madacumbia have long enjoyed having tennis available on the island. It appears that they were enticed by accepting the subaria idea because tennis would be allowed, but it's not required.
You probably know in your hearts that if this is approved that eventually the property will be commercial. And um as we saw in the last hearing, you know, people come back, they change
their mind about what they want to do and come back and ask for a change. Um lower Matakumbi is predominantly residential with very limited recreational opportunities without a drive through the traffic. Tupperumbia or Plantation Key. Most people playing
tennis there in the past walked or rode bikes to get to the tennis club, reducing vehicles on the road. This is such an amazing location with Florida owned highquality hardwood hammock on both sides along with Alamrada's conservation hammock and wetlands to the
back. The staff acknowledged commercial use would result in an adverse community change. Um, I think this application should be denied if the tent intent is to establish tenant courts as clearly stated by we're at five minutes now. The zoning should be changed to
recreational. Thank you very much. Anybody else? Marty. No, ma'am. Public comment is now closed. Uh, I just want to clarify that the requirement is that it be posted and that we receive a posting affidavit and that we see pictures of the posting. We
have received those. We cannot monitor whether or not someone else removes the signs or if they were taken down by the weather or somebody mowing the lawn or something else. I called you today about that. Yes, ma'am. And she did tell me it was done legally cuz I checked.
So, okay. Um, so council, where are we? Does anybody have anything else to say? Anna, green lighted, so let her go. Anything? I would do motion to approve. Well, we have to do the we have to do these separately. So, does anybody have
anything else to say before we take these separately? Deb, no. I'm sorry. No, she made a motion and I was Okay, so the first motion's going to be Am I right on the first tab? Yeah, it would be uh we taking them separately. So, it would be a motion to approve tab. That's what I was going to You said something about Oh, go ahead.
It's okay. I just was going to say it was incorrectly zoned like so many other properties in the village in the first place and we're still cleaning up a mess of that. And I hope that I pray that when our comp plan is done, if we change our zonings, if we change our flums,
that we actually ground truth every one of those so we make sure that we do it the right way because this is probably at least the 50th one that's come in front of council. Um, that that is an obvious incorrect zoning.
You had it happen. I've probably changed 10 from that podium there. So maybe more. It's just it's writing or wrong is really what it is. Okay. So I did I have a motion in a second. Yes.
Okay. Uh Marty, would you call this is on the first tab, right? Okay. Marty, would you call the role, please? And just to clarify, council com council member Gillis seconded. Yes. Okay. Thank you. Okay. Council member Anna Richards, yes.
Council member Deb Gillis, yes. Council member Steve Freriedman, yes. Vice Mayor Don Horton, yes. And Mayor Sharon Mahoney, yes. The motion passes 5 to zero. Okay. Now, we're going to go to the second second one, right?
So, it's uh changing from native residential to neighborhood commercial. Anybody have anything to say before we take a motion? Okay. Do I have a motion? Do you have a motion? Motion to approve. A second. What did she I got you. She got it. She
had it right there in the tip of her mouth. Marne, call the role, please. Council member Anna Richards, yes. Vice Mayor Don Horton, yes. Council member Steve Freriedman, yes. Council member Deb Gillis, yes. And Mayor Sharon Mahoney, yes. That motion passes 5 to zero.
Okay, John, I believe we're on the last one. Yep. Last one is tab F. Uh, still part of Quasa Judicial. It's a resolution of the village council of vom village violence Florida considering the request of Patricia Essinger uh for a variance from the provisions of section 30-691E4C
rear yard setback to allow for the construction of an addition with the rear yard setback for property located at 80951 old highway on Upper Madakumbi Ki within the SR setler's residential zoning district with real estate number 00009-6200-00000000
as legally described herein and providing for an effective date. Uh again, council, if you will uh uh please advise um uh disclose any exparte communications that you may have had um and please include whether the person represented any group or entity as well
as the subject matter as you recall. Deb, none. Don Patty Stanley, none for I'm sorry. None for me. None for me. None. Okay. Thank you councel. This again is a
request for setback at the property located at 80951 old highway. This property is located in Upper M. The property is approximately 11,180 square ft. It is
sorry I pushed it. Uh settlers residential zoning district um within the mixeduse future land use map category. The site is adjacent to commercial properties located within the highway commercial zoning district to the north, south, and west and residential properties located within
the settler settlers residential and multif family zoning districts to the east. There is currently a multif family duplex residence on the site. The applicant is seeking a variance to encroach within the 20ft rear setback to allow a 9- foot rear setback.
Um pursuant to section 3221D when in considering a var application for variance the director and village council shall consider the following factors and no variance shall be approved which fails to meet the standards below. Failure to comply with any of the standards shall be deemed adverse to the public interest. One
special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other land structures or buildings in the same zoning district. In order to meet the existing foundation, the concrete slab must encroach into the setback. The addition is being constructed for those
with mobility issues and the aging population, and the access needs to be level with the existing home. Number two, the special conditions and circumstances do not result from the actions of the applicant. The topography, size, and shape of the property dictate how the slab should be poured. Number three, the literal
literal interpretation of the provisions of this chapter deprivives the applicants of the right commonly enjoyed by other properties in the same do zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant. Under section 30-691
accessory structures are limited to single family structures only. This literal interpretation is a hardship for the applicant. Number four, granting the variance requested conveys the same treatment to the individual owner as the owners of other lands, buildings, and structures of the same zoning district.
Granting the variance would provide the applicant with the same treatment by allowing what amounts to an accessory structure a reduced setback. The variance, if granted, is a minimum variance that makes it possible for the reasonable use of the land, building or
structure. That is correct. Number six, the grant of the variance is in harmony with the general intent and purpose of this chapter and is not injurous to the neighborhood or otherwise detrimental to the public welfare. The property is surrounded by commercial activity. Granting this variance would not be injurous to the neighborhood and otherwise detrimental to the public
welfare. At this time, staff has reviewed the request for the variance and determined that the request is consistent with the goals, objectives, and policies of the comprehensive plan does comply with the applicable provisions of the code of ordinances. Therefore, staff recommends the village council approve the proposed variance to the construction of an attached
accessory structure with the required 20ft rear setback to allow for a 9- ft rear setback by adoption of the attached resolution. I'm here if you have any questions. Anybody have anything for Jennifer? Okay. Um I guess opposed.
Yeah. The applicant's not here. So, are you opposed? Do you want to get and say anything? I'm not even gonna speak on this. There you go. All right. So, public comment. Yeah, keep it going. Okay. So, council, anybody have any questions for Jennifer or any comments? Steve, go ahead.
Uh, yeah, just uh to reiterate um all of the the surrounding areas and neighbors, they've been notified of of this. Yeah, I just confirmed that based on the last um conversation. Um they were the property was posted on July 3rd and um we received a posting affidavit as well
on July 3rd and um all the return mail receipts were sent back to us on July 22nd and and so no feedback from anyone? No sir. Okay. And then I'm just curious about the outdoor shower. Is that uh is that just part of the requirement because of the limited amount of space that they
had that they just for the applicant? That's their design. And I had we didn't Okay. So it had nothing to do with the requirements of No. You done? Yeah. Go ahead, Don. I I just looking at the other properties to the
uh to the Keys North and Keys South on there and and all the commercial that's surrounded. It looks like there's a plethora of nonconformities and and rear yard uh setbacks. It's not going to change the community character in any
way. And staff recommends approval. So, um, if there's not any other comment, I'd make a motion to approve. Let me ask Deb, do you have anything to say? Anna, go ahead. Move to approve. Do I have a second? Second.
Marty, 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. Motion passes 5-0. Okay. Um, Jennifer, I need to tell you
that when during the break the uh one for um uh September 11th, uh Gino, the attorneys asked if they could be up in the standings and I said I didn't. We we would put them, excuse me, we
would put them as the first quas. She asked and you guys were all gone. So yeah, if there's things that are not quas judicial, they would have to go first. But just by the way, your order is but Okay. Well, anything else we need to do or are we done? Ron, do you have anything to say? Okay, meeting adjourned.
Thank you.