Local Planning Agency - Regular Meeting

Yeah, we'll do the pledge.

Okay. Thank you. Thank you.

Welcome, ladies and gentlemen. We're going to get started. We're going to start this evening with our local planning agency. So that's going to be a meeting that we're going to have before our regular council meeting where we'll get into the presentations. I know many of you are here for that. So, Mr. Clerk, if you can call the roll.

Yes, roll call. Vice Mayor Salver. Here. Councilman Levy. Here. And he needs to put his...

He's muted. Muted. There he goes.

Can you hear me? Yes. And Councilman Sklar and Councilman Wolf, we have quorum.

Thank you.

Please rise for the pledge.

Thank you.

First order of business is approval of minutes from the September 17th, 2024 LPA meeting. I'll make a motion. I hear a motion. Is there a second? Second. It's been moved and seconded. All those in favor say aye. Aye. Aye. Minutes are approved. Now, Mr. Clerk for the reading? Yes, LPA1. Okay. Yes.

LPA1. An ordinance of the Village Council of Bell Harbor Village, Florida, amending Chapter 8.5, Flood Damage Prevention, Section 8.5-2, definitions of the Code of Ordinances, amending Chapter 21, Zoning Articles 1 through 3, to amend definitions, procedures, and regulations related to height, providing for conflicts, severability, inclusion in the Code, and for an effective date.

Thank you, Mr. Manager. Mr. Mayor, thank you. This item is here before your second reading at your council meeting later today. You've had an opportunity to discuss this item during a discussion item in late last year, and it involves the notion that a lot of laws that have been passed in Tallahassee over the last few years have to do with preempting local authorities. This is another example of that, and we're reacting to that preemption. In this instance, it's what was termed the zoning by referendum, which was prohibited by state statute to essentially preempt any charter amendments that have to do with zoning-like requirements As you know, in our charter several years ago, a referendum was passed to limit the way height can be amended or enacted in this village. That charter provision, after a review by our legal counsel, has been determined that it's essentially preempted or in conflict with state law at this point. And so through the discussion and then at retreat and in your first reading, you directed us to come up with an ordinance that could be put in place that still provides some level of protection for our community when it comes to height. And so this ordinance that you're about to consider does a number of things to address the preemption. It also aligns, you know that the way we measure height is different inside the gate for single-family homes as it relates to outside the gate for multifamily and commercial. So it aligns that. It specifies municipal height in zoning districts and then establishes a process by which any future consideration for height would be undertaken, which is extraordinary in its effort, including additional public hearings, separate meetings, and ultimately a supermajority vote as a way of recognizing that while at one time this was a referendum requirement and now it can't be done, it still puts a little bit more support for the residents as it relates to how something like that would be considered. It is here for your consideration as an LPA, so you can make your recommendation to the council. I'll let Susan speak more specifically on the legal aspects. Michael Miller Planning is here as well if you have any questions of our planning person. And it's ready for your consideration at this time. I'll be happy to answer your questions. Thank you. Madam Attorney?

Thank you, Mr. Vice Mayor. So I'll also refer to the discussion that we had at first reading. There's extensive analysis in your backup, but the bottom line is that our legal analysis identified that there is at least an argument that this statute does preempt, and given that uncertainty, the administration has recommended going forward with this change, and we believe the ordinance is ready for your review and recommendation in your capacity as the local planning agency to the council for approval later this evening. Thank you.

Thank you. Any discussion from council before we open up to the public? No. Okay. Is there any public comment? Mr. Rahib?

Rahab, 128 Balfour Drive. What is the new height that we are covering that it will approve? What height, maximum height, the building, for example, on the west side of the Balfour would it be now? I think you should make your comment.

Ask any question and then I'll answer.

My concern, approval and disapproval will be based on that answer. What height are we going? Are we going to save it? I mean, from my understanding is that basically the residents can't have referendum anymore based on preemptive law that was passed in Tallahassee. I just wanted to make it as difficult as possible to be able To increase anything on the west side construction-wise or something, I wanted to keep the village at the same way that it looks now. No major difference. And that's what I want. If this thing does that, then I'm all for it. Thank you.

Any further public comment? Seeing none.

I can clarify the question. I think it's appropriate. So except for municipal buildings, which is being set at 56 feet, which is what's in the business district, This does not change height. So whatever exists today on the west side, on the ocean front, anywhere in the village, this doesn't change it. So those remain. What it does is, as I said, the process makes it not quite a referendum, but something extraordinary in order for it to any time in the future, if a request for height change were to be made, you have to go through this process. So we're not amending heights today.

But full transparency, what this does, there is no height limit as long as you get four-fifths of a vote.

You're saying that in a different way. There is a height limit.

You can change it with a four-fifths vote. Right, exactly. So I just want to be fully transparent. Okay.

And we will be measuring height, though, from the base flood?

Correct, yes. The alignment is that instead of measuring from the average of the crown of the road, we're aligning it to be from the base flood elevation, whatever the FEMA state or federal requirements, the FEMA maps are as base flood, and that's what we will use as point zero. And then 35 feet for a home on the water, 30 feet for a home in the dry lot. I think it's 35 feet, I think, on the west side of Collins and 270 feet on the east side and 56 feet in the business district. So those are the numbers that exist today and remain. It will require a forfeits vote to change it upward.

Okay, very good. If there's no further discussion from the public or from the council, is there a motion?

I'll make a motion.

It's been moved. Is there a second?

Second.

It's been moved and seconded. All those in favor say aye. Oh, right.

Sorry. Sorry. Vice Mayor Sauber?

Yes.

Councilman Wall. Did you say me? Yes. Sorry. Councilman Levy. Yes. Councilman Sklar. Yes. The motion to recommend that the village council pass the ordinance on second reading passes 4-0.

Okay. Without any further business, a motion to adjourn the local planning agency. Adjourned.

Okay. A second? Yeah.