Zoning Hearing

Agenda (non-virtual)

VILLAGE OF PALMETTO BAY

Mayor Karyn Cunningham

Vice Mayor Leanne Tellam

Council Member Patrick Fiore (Seat 1)

Council Member Steve Cody (Seat 2)

Council Member Marsha Matson (Seat 3)

Village Manager Nick Marano

Village Attorney John C. Dellagloria

Village Clerk Missy Arocha

In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting.

AGENDA

ZONING HEARING

MONDAY, JULY 17, 2023 - 7:00 PM

VILLAGE HALL MUNICIPAL CENTER

9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157

(305) 259-1234

1.

CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER:

Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting.

2.

REQUEST, PETITIONS, AND PUBLIC COMMENTS

3.

APPROVAL OF MINUTES

A.

Zoning Hearing (June 26, 2023)

4.

MAJOR PROJECTS UPDATE

5.

PUBLIC HEARING ITEMS

A.

Applicant: JOSS & ALINA FRANCO | FRANCO PALMETTO BAY PLAT

Location: 16901 SW 93 COURT

Property Folio: 33-5033-002-0223

Application: PL-23-002

Request: APPROVAL OF A TENTATIVE REPLAT OF LOTS 3, 4, 5, 6, BLOCK 4 OF PERRINE HEIGHTS SUBDIVISION CREATING THE FRANCO PALMETTO BAY PLAT WHICH WILL CONSIST OF FOUR PARCELS. (Continued from Zoning Hearing-June 26, 2023)

B.

Applicant: PALMETTO BAY ACADEMY

Location: 16637 SOUTH DIXIE HIGHWAY, PALMETTO BAY, FL 33157

Property Folio: 33-5028-004-0101

Mayor Karyn Cunningham Vice Mayor Leanne Tellam Council Member Patrick Fiore (Seat 1) Council Member Steve Cody (Seat 2) Council Member Marsha Matson (Seat 3) Village Manager Nick Marano Village Attorney John C. Dellagloria Village Clerk Missy Arocha 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER: Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting. 2. REQUEST, PETITIONS, AND PUBLIC COMMENTS 3. APPROVAL OF MINUTES A. Zoning Hearing (June 26, 2023) 4. MAJOR PROJECTS UPDATE 5. PUBLIC HEARING ITEMS VILLAGE OF PALMETTO BAY In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting. AGENDA ZONING HEARING MONDAY, JULY 17, 2023 – 7:00 PM VILLAGE HALL MUNICIPAL CENTER 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157 (305) 259-1234 1

A. Applicant: JOSS & ALINA FRANCO | FRANCO PALMETTO BAY PLAT Location: 16901 SW 93 COURT Property Folio: 33-5033-002-0223 Application: PL-23-002 Request: APPROVAL OF A TENTATIVE REPLAT OF LOTS 3, 4, 5, 6, BLOCK 4 OF PERRINE HEIGHTS SUBDIVISION CREATING THE FRANCO PALMETTO BAY PLAT WHICH WILL CONSIST OF FOUR PARCELS. (Continued from Zoning Hearing-June 26, 2023) B. Applicant: PALMETTO BAY ACADEMY Location: 16637 SOUTH DIXIE HIGHWAY, PALMETTO BAY, FL 33157 Property Folio: 33-5028-004-0101 Application: SU-23-002 Request: ESTABLISHMENT OF A PRIVATE SCHOOL AND MODIFICATION OF AN EXISTING SITE KNOWN AS PALMETTO BAY ACADEMY EDUCATION, LLC, TO PERMIT A MAXIMUM OF THIRTY-SIX (36) STUDENTS IN GRADES 9-12 LOCATED AT 16637 SOUTH DIXIE HIGHWAY. C. Applicant: VILLAGE OF PALMETTO BAY Application: RZ-23-006 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO CONSTRUCTION NOISE; AMENDING CHAPTER 30, ZONING SECTION 30-60.29 NOISES; UPDATING DEFINITIONS RELATED TO ZONING DISTRICTS AND THE VILLAGE RECOGNIZED HOLIDAYS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. (Sponsored by Administration) (Second Reading) (Passed on First Reading-Zoning Hearing-June 26, 2023) 6. ADJOURNMENT WE, THE VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, HEREBY COMMIT OURSELVES TO MAINTAINING CIVILITY IN OUR PUBLIC AND POLITICAL DISCOURSE AND PLEDGE TO THE FOLLOWING PRINCIPLES: We will respect the right of all citizens in our community to hold different opinions; We will avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; We will strive to understand differing perspectives; We will choose our words carefully; We will speak truthfully without accusation and we will avoid distortion; We will speak out against violence, prejudice, and incivility in all of their forms, whenever and wherever they occur. 2

NOTICE OF APPEAL RIGHTS Pursuant to Florida Statutes 286.0105, the Village hereby advises the public that if a person decides to appeal any decision made by the Council with response to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, the affected person may need to ensure that verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Village for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed. AMERICAN DISABBILITIES ACT OF 1990 This meeting is open to the public. In accordance with the American Disabilities Act of 1990, persons needing special accommodation or a sign language interpreter to participate in this proceeding should contact the Village Clerk at (305) 259-1234 no later than four (4) days prior to the meeting. Hearing Assistance Devices are available with the Village Clerk. 3

AGENDA ITEM NO. 3.A Item Cover Page DATE: July 17, 2023 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Zoning Hearing (June 26, 2023) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: Minutes (June 26, 2023) I. Public Comments Form.pdf II. Public Comments Form.pdf 4

MINUTES Zoning Hearing – June 26, 2023 Page 1 of 7 1 MINUTES2 ZONING HEARING3 MONDAY, JUNE 26, 2023 – 7:00 PM4 VILLAGE HALL COUNCIL CHAMBERS5 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 331576 7 8 1. CALL TO ORDER, ROLL CALL, INVOCATION,PLEDGE OF ALLEGIANCE,9 AND DECORUM STATEMENT, IN THAT ORDER: Any person making10 impertinent or slanderous remarks, or who becomes boisterous, while11 addressing the Council may be barred from further appearance before the12 Council by the Mayor, unless permission to continue or again address the13 Council is granted by a majority vote of the Council. Applauding speakers shall14 be discouraged. Heckling or verbal outbursts in support or opposition to a15 speaker, or his or her remarks, shall be prohibited. No signs or placards shall16 be allowed in the Council meeting. Persons exiting the Council meeting shall17 do so quietly. All cellular telephones and beepers are to be silenced during the18 meeting.19 20 The Zoning Hearing was called to order at 7:01 PM.21 22 The following members of the Village Council were present during roll call:23 Mayor Karyn Cunningham24 Vice Mayor Leanne Tellam25 Councilmember Patrick Fiore26 Councilmember Steve Cody27 Councilmember Marsha Matson28 29 The following Charter Officials were in attendance:30 Village Attorney John C. Dellagloria31 Village Manager Nick Marano32 Village Clerk Missy Arocha33 34 Councilmember Patrick Fiore led the invocation.35 36 Clerk Missy Arocha led the pledge of allegiance.37 38 2. REQUESTS, PETITIONS, AND PUBLIC COMMENTS39 40 The following in-person speaker spoke during public comments:41 42  Bev Gerald (14271 SW 74th Court) – questioned how the Village will43 manage the Palmetto Bay Foundation, Inc., specifically as it relates to44 funding.45 46 There were no public comments submitted by form.47 48 3. APPROVAL OF MINUTES49 50 A. Zoning Hearing (May 15, 2023)51 52 Vice Mayor Leanne Tellam motioned to amend the minutes:53 54 o Page 3, lines 11 and 14, and Page 4, line 27: replace “illustrated”55 with “presented”56 o Page 4, line 23: replace “commercial” with “residential”57 o Page 4, line 39: insert the word “to” in between “motioned” and58 “amend”59 60 5

MINUTES Zoning Hearing – June 26, 2023 Page 2 of 7 The motion was seconded by Councilmember Steve Cody. All voted1 in favor (5-0). The amendment passed unanimously.2 3 Councilmember Marsha Matson motioned to amend the minutes:4 5 o Page 7, line 22, should read: Bridges not be included in the6 Comprehensive Plan.7 8 The motion was seconded by Vice Mayor Leanne Tellam. All voted in9 favor (5-0). The amendment passed unanimously.10 11 Vice Mayor Leanne Tellam motioned to approved the minutes as12 amended. Councilmember Steve Cody seconded the motion. All13 voted in favor (5-0). The amended minutes passed unanimously.14 15 4. MAJOR PROJECTS UPDATE16 17 Director Heidi Siegel, Community and Economic Development Director18 presented a Powerpoint Presentation on the Village’s major projects status19 report dated June 2023. The presentation demonstrated the Art in Public20 Places Update-Franjo Circle, new business activity, comprehensive plan21 updates, recent applications received, projects under construction, recently22 approved building permits, approved projects pending building permits and23 construction, and approved projects pending building permit applications.24 25 Following Director Siegel’s presentation, she answered questions raised by26 the members of the Village Council regarding the presentation.27 28 5. PUBLIC HEARING ITEMS29 30 A. Applicant: FRANCO PALMETTO BAY PLAT31 Location: 16901 SW 93 rd COURT32 Property Folio: 33-5033-002-022333 Application: V-23-00634 Request: A LOT FRONTAGE VARIANCE FOR ONE (1)35 NEW RESIDENTIAL LOT; WAIVING THE REQUIRED MINIMUM LOT36 FRONTAGE OF THIRTY-SEVEN AND ONE-HALF FEET TO ALLOW37 LOT #1, OF THE FRANCO PALMETTO BAY PLAT WITH A FRONT-38 AGE OF 33.37’.39 40 Item 5A was moved by Councilmember Steve Cody and seconded by41 Vice Mayor Leanne Tellam.42 43 Clerk Missy Arocha read the public hearing item by title.44 45 Attorney John Dellagloria provided an explanation on the quasi-judicial46 proceedings.47 48 The Village Council provided their disclosures (i.e., ex-parte communi-49 cations).50 51 Clerk Missy Arocha swore in the witnesses that wished to testify for all52 the public hearing items of the agenda.53 54 STAFF PRESENTATION:55 Planning Division Manager, Alexander Adams presented a PowerPoint56 Presentation on the lot width variance for R-2 zoning district and tenta-57 tive plat approval. The presentation demonstrated the applicant’s re-58 quest, lot history, variance evaluation factors, request of tentative plat,59 development application review committee information, and staff’s rec-60 ommendation. The Village staff recommended that the Village Council61 deny application for a lot width variance and request that the applicant62 redevelop the site as prescribed in the current land development regu-63 lations consistent with all requirements of the R-2 zoning district.64 65 6

MINUTES Zoning Hearing – June 26, 2023 Page 3 of 7 Following the presentation, Mr. Adams answered questions raised by1 the members of the Council regarding the application.2 3 APPLICANT’S PRESENTATION:4 Damian Thomason, on behalf of the applicant Jose Franco (12385 N.5 Parkland Bay Trail, Parkland, FL) introduced himself and reported that6 the property owners are seeking to re-plat the property into four sepa-7 rate lots to create four separate buildable sites. He explained that the8 two existing structures are to remain, and the two new duplex buildings9 will be constructed on the two additional lots.10 11 COUNCIL QUESTIONS/DISCUSSION:12 Following the applicant’s presentation, Councilmember Steve Cody13 questioned if the applicant’s representative registered as a lobbyist. Mr.14 Thomason responded no.15 16 Attorney John Dellagloria reported that Mr. Thomason could speak on17 behalf of the applicant but instructed him to register as a lobbyist the18 next day.19 20 Vice Mayor Leanne Tellam questioned the legality of the application21 considering the recommendation made by staff.22 23 Mr. Thomason explained that the application was not intended for it to24 be determined as a variance considering the lot width.25 26 Discussion ensued between the members of the Council and Mr. Thom-27 ason regarding the lot and radius foot requirement of the property, in-28 cluding the legality of the application.29 30 Planning Division Manager, Alexander Adams reported that the only31 way to approve the process is through a variance process-only way to32 approve what they submitted.33 34 Director Heidi Siegel reported that the Village was following the code.35 36 Discussion ensued between the members of the Council, staff, and the37 representative regarding the process, including the nature of the Reso-38 lution and how it was written and presented on the agenda.39 40 The Village Council held a recess at 7:48 p.m. and the meeting recon-41 vened at 7:59 p.m.42 43 Planning Division Manager Alexander Adams reported that during the44 recess, the applicant, and his representative, including the Village At-45 torney, spoke and agreed with platting the four lots per the code, with46 no variance requirement. He recommended that the applicant come47 back to staff within 120 days to move two lot lines – move the two lot48 lines within four feet.49 50 Mr. Thomason responded yes and agreed to shift the lots four feet-no51 variance requirement.52 53 Attorney John Dellagloria recommended that since no application was54 made for the variance by the applicant, that staff withdraw the public55 hearing item regarding the variance and for the Council to vote on the56 conditional plat, as accepted.57 58 Planning Division Manager Alexander Adams withdrew the public59 hearing item. No objections were made or received by the Village60 Council on the withdrawal of the item.61 62 63 64 65 7

MINUTES Zoning Hearing – June 26, 2023 Page 4 of 7 B. Applicant: JOSS & ALINA FRANCO-FRANCO PALMETTO BAY1 PLAT2 Location: 16901 SW 93 rd COURT3 Property Folio: 33-5033-002-02234 Application: PL-23-0025 Request: APPROVAL OF A TENTATIVE REPLAT OF LOTS 3, 4,6 5, 6, BLOCK 4 OF PERRINE HEIGHTS SUBDIVISION CREATING THE7 FRANCO PALMETTO BAY PLAT WHICH WILL CONSIST OF FOUR PAR-8 CELS.9 10 Item 5B was moved by Vice Mayor Leanne Tellam. Seconded by Councilmem-11 ber Patrick Fiore.12 13 Clerk Missy Arocha read the public hearing item by title.14 15 Councilmember Marsha Matson motioned to defer the public hearing item16 until the representative is registered as a lobbyist and submits a new proposal.17 Councilmember Steve Cody seconded the motion.18 19 COUNCIL QUESTIONS/DISCUSSION:20 Vice Mayor Leanne Tellam explained that if the Village could help the applicant21 within the requirements of the law to decrease a gap in time, she preferred for22 the applicant to move forward with the application.23 24 Councilmember Steve Cody spoke in support of a deferral. He explained that25 although a variance was calendared for the public hearing item, the applicant26 must submit an adequately measured plat. He also explained that the delay27 was caused by a misunderstanding of where the measurements had to be28 made for the replat.29 30 Councilmember Patrick Fiore spoke opposed to spending additional time on31 the application and in support of moving forward with the re-platting of the lots.32 33 Mayor Karyn Cunningham spoke in support of moving forward with the appli-34 cation and reported that the representative previously agreed to register as a35 lobbyist, including staff who would follow the application closely.36 37 Vice Mayor Leanne Tellam reported that going through the documents pre-38 sented is difficult and questioned how long the delay would be if the public39 hearing item is continued. She spoke in favor of receiving clean documents as40 they should be.41 42 Attorney Dellagloria recommended the next Zoning Hearing-July 17, 2023.43 44 Vice Mayor Leanne Tellam questioned if the Council would receive an45 amended Resolution.46 47 Director Heidi Siegel responded that a revised plat must be received by Plan-48 ning and Zoning in order to review the staff report for the next meeting.49 50 Mr. Thomason reported that the applicant can meet the requirement before51 the deadline if the public hearing item is continued to July 17, 2023.52 53 Councilmember Marsha Matson questioned what the difference is between a54 deferral and a continuance.55 56 Attorney Dellagloria explained that continuing an item, is to continue to a date57 certain, versus, a deferral would not determine a date certain.58 59 Councilmember Marsha Matson withdrew her motion. No objections were60 made by the Council regarding the withdrawal of the motion.61 62 Councilmember Marsha Matson motioned to continue public hearing item63 (5B) to the next Zoning Hearing-July 17, 2023, requiring that staff provide a64 8

MINUTES Zoning Hearing – June 26, 2023 Page 5 of 7 substitute resolution. Councilmember Steve Cody seconded the motion. All1 voted in favor (5-0). The motion passed unanimously.2 3 C. Applicant: HJB TRIPLE PLAY, INC.4 Location: 8540 SW 174 th STREET5 Property Folio: 33-5026-003-00616 Application: PL-23-0017 Request: APPROVAL OF A TENTATIVE PLAT CREATING TWO8 PARCELS TO BE KNOWN AS “BENDHEIM’S ESTATE HOMES”.9 10 Item 5C was moved by Councilmember Patrick Fiore and seconded by Vice11 Mayor Leanne Tellam.12 13 Clerk Missy Arocha read the public hearing item by title.14 15 The Village Council provided their disclosures (i.e., ex-parte communications).16 17 STAFF PRESENTATION:18 Planning Division Manager, Alexander Adams presented a PowerPoint19 Presentation on the tentative plat approval. The presentation demonstrated20 the applicant’s request, development application review committee infor-21 mation, and staff’s recommendation. The Village staff recommended that the22 Village Council approve the application.23 24 The following in-person speaker spoke during public comments:25 26  Kathy Ferro (17220 SW 85th Avenue) –questioned what the process27 would be next if the application is approved and how it would effect the28 neighborhood.29 30 Attorney John Dellagloria reported that the application is for a tentative plant,31 only.32 33 Planning Division Manager Alexander Adams reported that the tentative plat34 meets the zoning code. He also explained that Miami Dade County DERM will35 handle tree removal and mitigation, as the house would have to meet all EM36 zoning district setbacks and that the Village would be looking at those set-37 backs, including the landscape space (process from start to finish, including38 permitting process).39 40 COUNCIL QUESTIONS/DISCUSSION:41 Councilmember Marsha Matson questioned who would pay for widening the42 street. Mr. Adams responded, the county.43 44 Vice Mayor Leanne Tellam motioned to approve the Resolution with the fol-45 lowing annotations:46 o Page 1, line 31: consistent with the site development47 o Page 2, line 6: consistent with the VPB Comprehensive Plan48 o Page 2, line 9: approval for the application49 o Page 2, line 29: consistent with the Village’s Land Dev. Code50 o Page 3, line 5: found to be consistent51 o Page 3, line 7: approves the application52 o Page 3, lines 12-24: remove italic font, replace with regular font53 54 The motion was seconded by Councilmember Steve Cody. All voted in favor55 (5-0). The motion passed unanimously.56 57 The question was called in favor of the amended Resolution. All voted in fa-58 vor (5-0). The amended Resolution passed unanimously.59 60 D. Applicant: PAVEL DOMINGUEZ61 Location: 17642 SW 84 th AVENUE62 Property Folio: 33-5034-001-080063 Application: V-23-00564 9

MINUTES Zoning Hearing – June 26, 2023 Page 6 of 7 Request: SETBACK VARIANCE WAIVING THE REQUIRED SIDE1 SETBACK FOR A TIKI HUT AND A PERGOLA ACCESSORY STRUCTURE2 AND A VARIANCE TO ALLOW THE TIKI HUT TO BE LOCATED CLOSER3 THAN TEN FEET TO THE PRIMARY STRUCTURE ON A PARCEL ZONED4 ESTATE MODIFIED (E-M) AS A RESULT OF A CODE VIOLATION.5 6 Item 5D was moved by Councilmember Steve Cody and seconded by Coun-7 cilmember Patrick Fiore.8 9 Clerk Missy Arocha read the public hearing item by title.10 11 The Village Council provided their disclosures (i.e., ex-parte communications).12 13 STAFF PRESENTATION:14 Planning Division Manager, Alexander Adams presented a PowerPoint15 Presentation on the setback variance for a tiki and pergola. The presentation16 demonstrated the applicant’s request, variance evaluation factors, and staff’s17 recommendation. The Village staff recommended that the Council condition-18 ally approve a portion of the application for a residential tiki hut to be built within19 the setbacks with the trellis being moved, modified, or removed.20 21 APPLICANTS PRESENTATION:22 Pavel Dominguez, property owner explained that his lot is considered a center23 lot and that the trellis faces the neighbor and that he has taken steps in doing24 lush landscaping to protect the privacy of the neighborhood. He explained that25 his neighbors adjacent to the structure can’t view the structure. He also ex-26 plained that due to the financial hardship and the excess fines with the Village’s27 code division, he submitted plans to make the necessary arrangements to get28 the process finalized as the trellis is not facing the street.29 30 COUNCIL QUESTIONS/DISCUSSION:31 Councilmember Steve Cody questioned who put up the tiki hut and pergola on32 the property. Mr. Dominguez responded that he put in the tiki hut and that the33 pergola was put up by someone he hired.34 35 Councilmember Steve Cody questioned how long the code complaints have36 been ongoing and that the fines accumulated to approximately $450,000 in37 fines. Mr. Dominguez responded that the issue had been ongoing for many38 years and that he hired a contractor, and that he had some issues with the39 contractor and permit runners as the plans were not carried out correctly. He40 had to rehire a new architect.41 42 Discussion ensued between the Village Council and the property regarding the43 fines issued by code compliance and the ongoing issue of the structures on44 the property.45 46 Planning Division Manager Alexander Adams reported that the code compli-47 ance case is a separate matter from the Planning and Zoning application. The48 application is to discuss and approve the setbacks.49 50 The following speaker spoke in support of the item:51  Jorge Leon (17641 SW 84th Court52 53 The following speaker spoke opposed to the item:54  Bev Gerald (14271 SW 74th Court)55 56 Discussion ensued between the Village Council and the applicant regarding57 the code compliance fines and the special master hearing case.58 59 Attorney John Dellagloria explained that the Council does not have the author-60 ity to deal with the code violation, the Council may only view what is in front of61 them on the public hearing item and come up with a resolution for the struc-62 tures on the property.63 64 10

MINUTES Zoning Hearing – June 26, 2023 Page 7 of 7 Councilmember Steve Cody and Councilmember Marsha Matson spoke op-1 posed to the public hearing item.2 3 Vice Mayor Leanne Tellam motioned to approve the Resolution with the fol-4 lowing annotations:5 o Page 2, line 4: consistent with the VPB Comprehensive Plan6 o Page 2, line 8: approval for the application7 o Page 2, line 32: consistent with the VPB Comprehensive Plan8 o Page 3, line 4: consistent9 o Page 3, line 8: approves the application10 o Page 3, lines 17-30: remove italic font, replace with regular font11 12 The motion was seconded by Councilmember Patrick Fiore. The motion13 passed (3-2); Councilmember Steve Cody and Councilmember Marsha Mat-14 son opposed.15 16 The question was called in favor of the amended Resolution. The amended17 Resolution passed (3-2); Councilmember Steve Cody and Councilmember18 Marsha Matson opposed.19 20 E. Applicant: VILLAGE OF PALMETTO BAY21 Application: RZ-23-00622 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE23 COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO24 CONSTRUCTION NOISE; AMENDING CHAPTER 30 ZONING SECTION 30-25 60.29 NOISES; UPDATING DEFINITIONS RELATED TO ZONING DIS-26 TRICTS AND THE VILLAGE RECOGNIZED HOLIDAYS; PROVIDING FOR27 ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN EF-28 FECTIVE DATE. (Sponsored by Administration)29 30 Item 5E was moved by Councilmember Patrick Fiore and seconded by Vice31 Mayor Leanne Tellam.32 33 Heidi Siegel, Community and Economic Development Director explained the34 background and intent of the Ordinance on First Reading and reported that35 staff recommends the approval of the item to update and correct inconsisten-36 cies to the Village’s Land Development Code.37 38 There were no Council questions.39 40 All members of the Council spoke in support of the Ordinance on First Read-41 ing.42 43 The question was called in favor of the Ordinance. All voted in favor (5-0).44 Th