Zoning Hearing

Agenda (non-virtual)

VILLAGE OF PALMETTO BAY

Mayor Karyn Cunningham

Vice Mayor Mark Merwitzer

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, DECEMBER 16, 2024 - 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

Individuals wishing to speak on matters on the agenda and on items pertinent to the Village may do so by speaking during this section of the agenda. The Mayor will recognize those persons who wish to speak. Each speaker must sign-in prior to speaking on the designated public commentary sign-in sheet. Items for public hearing provided for within the agenda shall not be a topic of discussion during this section of the agenda. Please limit your comments to three (3) minutes or less. Public comments made by members of the public are important to the Village Council. Speakers will address the Village Council with respect.

3.

APPROVAL OF MINUTES

A.

Zoning Hearing (September 16, 2024)

4.

MAJOR PROJECTS UPDATE

5.

PUBLIC HEARING ITEMS

A.

Applicant: VILLAGE OF PALMETTO BAY

Location: VILLAGE-WIDE

Application: RZ-24-005

Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY; RELATING TO SIGNAGE; REPEALING DIVISION 30-90. SIGN REGULATIONS IN THEIR ENTIRETY AND REPLACING WITH A NEW DIVISION 30-90; PROVIDING FOR CODIFICATION, SEVERABILITY; AND AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody)

B.

Applicant: VILLAGE OF PALMETTO BAY

Location: VILLAGE-WIDE

Application: CP-23-001

Mayor Karyn Cunningham Vice Mayor Mark Merwitzer 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 Individuals wishing to speak on matters on the agenda and on items pertinent to the Village may do so by speaking during this section of the agenda. The Mayor will recognize those persons who wish to speak. Each speaker must sign-in prior to speaking on the designated public commentary sign-in sheet. Items for public hearing provided for within the agenda shall not be a topic of discussion during this section of the agenda. Please limit your comments to three (3) minutes or less. Public comments made by members of the public are important to the Village Council. Speakers will address the Village Council with respect. 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, DECEMBER 16, 2024 – 7:00 PM VILLAGE HALL MUNICIPAL CENTER 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157 (305) 259-1234 1

3. APPROVAL OF MINUTES A. Zoning Hearing (September 16, 2024) 4. MAJOR PROJECTS UPDATE 5. PUBLIC HEARING ITEMS A. Applicant: VILLAGE OF PALMETTO BAY Location: VILLAGE-WIDE Application: RZ-24-005 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY; RELATING TO SIGNAGE; REPEALING DIVISION 30-90. SIGN REGULATIONS IN THEIR ENTIRETY AND REPLACING WITH A NEW DIVISION 30-90; PROVIDING FOR CODIFICATION, SEVERABILITY; AND AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody) B. Applicant: VILLAGE OF PALMETTO BAY Location: VILLAGE-WIDE Application: CP-23-001 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY; RECOMMENDING AMENDMENTS TO THE VILLAGE’S COMPREHENSIVE PLAN’S GOALS, OBJECTIVES, AND POLICIES CONSISTENT WITH THE VILLAGE’S ADOPTED EVALUATION AND APPRAISAL REPORT (EAR) OF THE VILLAGE’S COMPREHENSIVE PLAN, IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTE; RECOMMENDING ADOPTION OF THE UPDATED MAP SERIES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. C. Applicant: CHRIST FELLOWSHIP ACADEMY, LLC. Location: 8900 SW 168TH STREET Property Folio: 33-5033-000-0060 Application: SU-24-003 Request: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA; RELATING TO ZONING; PURSUANT TO DIVISION 30-110 STYLED “RELIGIOUS FACILITIES; PRIVATE SCHOOLS, CHILD CARE FACILITIES; APPROVING A MODIFICATION TO RESOLUTION NO. 4-ZAB-292-73, BY CHRIST FELLOWSHIP ACADEMY, LLC. LOCATED AT 8900 SW 168 STREET TO MODIFY APPROVED GRADE LEVELS TO INCLUDE GRADES 7 AND 8; PROVIDING FOR AN EFFECTIVE DATE. The applicant withdrew the application. D. Applicant: MILK PLANNING & DEVELOPMENT, LLC Location: 9730 SW 182ND STREET Property Folio: 33-5023-007-0530 Application: V-24-004 Request: VARIANCES WAIVING THE REQUIRED MINIMUM BUILDING 2

SEPARATION UNDER SECTION 30-50.23.3-02.4 – TABLE 14, TO PERMIT A BUILDING SEPARATION OF 17 FEET WHERE 20 FEET IS REQUIRED, PROVIDING A LANDSCAPE BUFFER WIDTH UNDER SECTION 30-50.23.6-01 TO PERMIT A LANDSCAPE BUFFER OF 12 INCHES WHERE IS 30 INCHES IS REQUIRED FOR FOUR (4) DETACHED TOWNHOUSES IN THE DOWNTOWN DISTRICT, NEIGHBORHOOD SECTOR PURSUANT TO SECTION 30-30.6 STYLED “VARIANCES”, AND PROVIDING FOR AN EFFECTIVE DATE. E. Applicant: MILK PLANNING & DEVELOPMENT, LLC Location: 9730 SW 182ND STREET Property Folio: 33-5023-007-0530 Application: SP-24-002 Request: APPROVAL OF A SITE PLAN TO BE KNOWN AS "ALMOND COURT", TO ALLOW FOR FOUR (4) DETACHED TOWNHOUSES IN THE DOWNTOWN DISTRICT NEIGHBORHOOD SECTOR PURSUANT TO SECTION 30-30.5 STYLED “SITE PLAN APPROVAL” AND SECTION 30-50.23.3.02.4 STYLED “NEIGHBORHOOD SECTOR”, AND PROVIDING FOR AN EFFECTIVE DATE. 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. 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. 3

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. 4

AGENDA ITEM NO. 3.A Item Cover Page DATE: December 16, 2024 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Zoning Hearing (September 16, 2024) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: 2024-09-16 Zoning-Minutes 5

MINUTES Zoning Hearing – September 16, 2024 Page 1 of 6 1 MINUTES2 ZONING HEARING3 MONDAY, SEPTEMBER 16, 2024 – 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, AND9 DECORUM STATEMENT, IN THAT ORDER: Any person making impertinent or10 slanderous remarks, or who becomes boisterous, while addressing the Council may be11 barred from further appearance before the Council by the Mayor, unless permission to12 continue or again address the Council is granted by a majority vote of the Council.13 Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or14 opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards15 shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so16 quietly. All cellular telephones and beepers are to be silenced during the meeting.17 18 The Zoning Hearing was called to order at 7:20 PM by Mayor Karyn Cunningham,19 immediately following the Attorney-Client Executive Session in the case of Fairchild vs.20 Village of Palmetto Bay21 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 Manager Nick Marano31 Village Attorney John C. Dellagloria32 Village Clerk Missy Arocha33 34 Councilmember Patrick Fiore led the innovation and Village Attorney John Dellagloria led35 the pledge of allegiance.36 37 2. REQUEST, PETITION, AND PUBLIC COMMENTS38 39 The following speaker spoke for a time allotment of three minutes during public comments:40 41  Vitality Falcovitch (9280 SW 167 th Terrace – thanked the Council for their public42 service.43 6

MINUTES Zoning Hearing – September 16, 2024 Page 2 of 6 1 3. APPROVAL OF MINUTES2 3 A. Zoning Hearing (July 15, 2024)4 5 Moved by Vice Mayor Leanne Tellam. Seconded by Councilmember Steve Cody.6 All voted in favor (5-0). The minutes were approved unanimously.7 8 4. MAJOR PROJECTS UPDATE9 10 Village Manager Nick Marano illustrated a PowerPoint Presentation on the Village’s major11 projects status report dated September 2024. The presentation demonstrated Village12 capital improvements projects under construction, approved projects pending building13 permit and construction, and approved projects with no change. Following the presentation,14 he answered questions raised by the Council regarding the presentation.15 16 5. PUBLIC HEARING ITEMS17 18 Mayor Karyn Cunningham announced that the applicant for agenda items 5A and19 5B, withdrew their zoning applications.20 21 There was no public comments for agenda items 5A and 5B.22 23 A. Applicant: IGLASS PROPERTIES, LLC24 Location: 9055 SW 158 TH STREET25 Property Folio: 33-5028-000-026026 Application: SU-24-00227 Request: THE ESTABLISHMENT OF PRIMARY SCHOOL PURSUANT TO28 SECTION 30-110 STYLED “RELIGIOUS FACILITIES, PRIVATE SCHOOLS,29 CHILD CARE FACILITIES, AND OTHER NON-GOVERNMENTAL PUBLIC30 ASSEMBLY USES”.31 32 WITHDRAWN33 34 B. Applicant: IGLASS PROPERTIES, LLC35 Location: 9055 SW 158 TH STREET36 Property Folio: 33-5028-000-026037 Application: V-24-00338 Request: VARIANCE WAIVING THE TWO-HUNDRED AND FIFTY (250) FEET39 SETBACK REQUIREMENT FOR SCHOOL STRUCTURES AND40 CORRESPONDING BUILDINGS OR IMPROVEMENTS PURSUANT TO SECTION41 30-50.2(A)(11) STYLED “AG, AGRICULTURAL DISTRICT”.42 43 WITHDRAWN44 45 C. Applicant: PALMETTO HIGHLANDS, LLC46 Location: 8275 SW 172 ND STREET47 Property Folio: 33-5034-000-021148 Application: PL-24-00449 7

MINUTES Zoning Hearing – September 16, 2024 Page 3 of 6 Request: APPROVAL OF FINAL PLAT TO BE KNOWN AS “PALMETTO1 HIGHLANDS” TO ALLOW FOR THREE (3) RESIDENTIAL LOTS OF GREATER2 THAN 15,000 SQUARE FEET IN THE E-M MODIFIED SINGLE-FAMILY DISTRICT,3 PURSUANT TO DIVISION 30-80 STYLED “PLATTING AND SUBDIVISION”.4 5 Item 5C was moved by Councilmember Steve Cody. Seconded by Vice Mayor6 Leanne Tellam.7 8 STAFF’S PRESENTATION: Alex David, consultant of Calvin Giordano and9 Associates, explained that per the Planning and Zoning analysis, it was10 recommended that the Mayor Council approve the application for a Final Plat11 showing Lot 1 fronting SW 170 Street, and Lots 2 and 3 fronting SW 83 Avenue with12 the following conditions: (1) approval based on the Final Plat entitled “Palmetto13 Highlands” prepared by Suarez Surveying & Mapping, Inc, and certified on July 28,14 2022, and (2) the Final Plat submitted to Miami-Dade County for recordation in the15 public records.16 17 PUBLIC HEARING:18 There were no speakers in support or in opposition of item 5C.19 20 There were no Council questions or comments.21 22 The question was called in support of the final plat approval. All voted in favor (5-23 0). The applicant’s request passed unanimously.24 25 D. Applicant: MILK PLANNING & DEVELOPMENT, LLC26 Location: 9730 SW 182 ND STREET27 Property Folio: 33-5023-007-053028 Application: V-24-00429 Request: VARIANCES WAIVING THE REQUIRED MINIMUM BUILDING30 SEPARATION UNDER SECTION 30-50.23.3-02.4 – TABLE 14, TO PERMIT A31 BUILDING SEPARATION OF 10 FEET WHERE 20 FEET IS REQUIRED,32 LANDSCAPE BUFFER WIDTH UNDER SECTION 30-50.23.6-01 TO PERMIT A33 LANDSCAPE BUFFER OF 12 INCHES WHERE IS 30 INCHES IS REQUIRED,34 PARKING SPACE LENGTH UNDER SECTION 30-70.5 TO PERMIT TWO (2)35 PARKING SPACES TO HAVE A LENGTH OF 17 FEET 9 INCHES WHERE 1836 FEET IS REQUIRED AND AISLE WIDTH DIMENSION OF 15 FEET WHERE 2237 FEET IS REQUIRED FOR FOUR (4) DETACHED TOWNHOUSES IN THE38 DOWNTOWN DISTRICT, NEIGHBORHOOD SECTOR PURSUANT TO SECTION39 30-30.6 STYLED “VARIANCES”.40 41 Item 5D was moved by Councilmember Steve Cody. Seconded by Councilmember42 Patrick Fiore.43 44 STAFF’S PRESENTATION: Alex David, consultant of Calvin Giordano and45 Associates, explained on August 1, 2024, Milk Planning & Development LLC46 submitted a variance application with a total of four variances in conjunction with a47 proposed four unit detached townhouse development in the Downtown District.48 8

MINUTES Zoning Hearing – September 16, 2024 Page 4 of 6 After discussions between the Applicant and staff, it was determined that the1 Applicant wished to reconsider and further discuss the application to potentially2 determine certain alternatives. He recommended deferral of the item to a future3 date.4 5 Mayor Karyn Cunningham inquired whether a specific date is required for a deferral.6 Village Attorney John Dellagloria explained that the Council has the option to table7 the item and address it at a later time.8 9 Vice Mayor Leanne Tellam asked how long the application would remain active in10 the queue.11 12 Mr. Alex David responded that the application would stay active for six months.13 14 Vice Mayor Tellam then motioned to defer the item to the December 16, 2024,15 Zoning Hearing. Councilmember Steve Cody seconded the motion. All voted in16 favor (5-0). The motion passed unanimously.17 18 E. Applicant: MILK PLANNING & DEVELOPMENT, LLC19 Location: 9730 SW 182 ND STREET20 Property Folio: 33-5023-007-053021 Application: SP-24-00222 Request: APPROVAL OF SITE PLAN TO BE KNOWN AS “ALMOND COURT”23 TO ALLOW FOR FOUR (4) DETACHED TOWNHOUSES IN THE DOWNTOWN24 DISTRICT, NEIGHBORHOOD SECTOR PURSUANT TO SECTION 30-30.525 STYLED “SITE PLAN APPROVAL” AND SECTION 30-50.23.3.02.4 STYLED26 “NEIGHBORHOOD SECTOR”.27 28 Councilmember Steve Cody motioned to defer the item to the December 16, 2024,29 Zoning Hearing. Councilmember Patrick Fiore seconded the motion. All voted in30 favor (5-0). The motion passed unanimously.31 32 6. RESOLUTIONS WITH PUBLIC COMMENT33 34 A. A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF35 PALMETTO BAY, FLORIDA, RELATING TO ONGOING PROFESSIONAL36 SERVICES; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO WORK37 ORDER NUMBERS 9 AND 10 WITH CALVIN, GIORDANO & ASSOCIATES, INC.38 FOR PLANNING AND ZONING SERVICES UNDER THE EXISTING39 CONTRACT FOR PROFESSIONAL CONSULTING SERVICES ON CONTINUING40 CONTRACT BASIS; AUTHORIZING THE VILLAGE MANAGER TO CREATE A41 PURCHASE ORDER IN THE AMOUNT NOT TO EXCEED TWO-HUNDRED42 SEVENTY-FIVE THOUSAND DOLLARS ($275,000); AND PROVIDING FOR AN43 EFFECTIVE DATE. (Sponsored by Administration and Prepared by Village44 Manager, Nick Marano)45 46 Item 6A was moved by Councilmember Steve Cody. Seconded by Vice Mayor47 Leanne Tellam.48 49 9

MINUTES Zoning Hearing – September 16, 2024 Page 5 of 6 There were no public comments for item 6A.1 2 Village Manager Nick Marano reported on the need to temporarily replace the3 Planning Manager following the departure of the previous Director of the position.4 During his report, he explained the temporary replacement: Alex David and Antonio5 Aguello, both properly credentialed professionals, will temporarily assume the6 planning manager functions. The hourly rate will be in accordance with the contract,7 with a “not-to-exceed” amount of $275 per hour. He also explained the department’s8 reorganization, the Building Department will be separated and led by the Building9 Official, Resiliency Coordinator position has been moved to report directly to the10 Manager’s Office, Code Compliance, previously part of the Building Department, it11 is currently being evaluated, with future discussions anticipated.12 13 Village Manager Nick Marano stated that for now, planning and zoning functions will14 remain separate from the Building Department, and their reporting structure will be15 further reviewed and requested approval of the contract to ensure planning and16 zoning functions are handled professionally and promptly.17 18 Vice Mayor Leanne Tellam questioned if it was appropriate to vote on the item during19 the Zoning Hearing.20 21 Village Attorney John Dellagloria responded that the item had been properly22 advertised and included on the agenda.23 24 Councilmember Marsha Matson questioned the Manager’s intent to separate the25 departments.26 27 Village Manager Marano responded that historically, planning and zoning were28 separate departments, though they were combined at one point. Zoning overlaps29 with plans review, while code functions overlap with both zoning and building. His30 intent is to consolidate overlapping functions while maintaining clear leadership for31 each area and that resiliency efforts will be prioritized under his direct supervision32 to amplify the Village's initiatives.33 34 Councilmember Steve Cody questioned if the funding for the contract would come35 from the current fiscal year or the next.36 37 Village Manager Marano responded that the contract would begin on October 1,38 2024, and fall under the Fiscal Year 2025 budget. He will outline the associated39 costs during the First Budget Hearing.40 41 Councilmember Patrick Fiore raised concerns regarding the efficiency of the42 permitting process and the importance of expediting it for residents and requested43 that ensuring that variances and other applications that meet established criteria are44 handled promptly and transparently.45 46 Village Manager Marano acknowledged past performance shortcomings in47 permitting, citing human error and outdated processes. He emphasized that new48 software, staff changes, and contracted employees would improve efficiency and49 10

MINUTES Zoning Hearing – September 16, 2024 Page 6 of 6 eliminate delays. The Building Official, Dean, will oversee permitting operations.1 2 Vice Mayor Leanne Tellam highlighted the need to ensure that contracted3 employees maintain a strong focus on serving Palmetto Bay residents and their4 needs.5 6 Mayor Karyn Cunningham commended Village Manager Marano for his transparent7 approach and willingness to take responsibility. She acknowledged the cost savings8 achieved by replacing higher-salaried employees with contract professionals.9 10 Village Manager Marano reported that the reorganization and use of contracted11 employees would result in cost savings.12 13 Following Council discussion, the question was called in favor of the Resolution. All14 voted in favor (5-0). The Resolution passed unanimously.15 16 7. ADJOURNMENT17 18 Councilmember Steve Cody motioned to adjourn the meeting. Councilmember Patrick19 Fiore seconded the motion. All voted in favor (5-0). The motion passed unanimously.20 21 The Zoning Hearing adjourned at 8:06 p.m.22 ____________________________________________________________________________23 24 The meeting minutes were approved this 16 th day of December, 2024.25 26 Attest:27 28 29 ____________________________ __________________________30 Mayor Karyn Cunningham Village Clerk Missy Arocha31 11

AGENDA ITEM NO. 5.A Item Cover Page DATE: December 16, 2024 SUBMITTED BY: Antonio Augello, Community and Economic Development ITEM TYPE: Ordinance AGENDA SECTION: PUBLIC HEARING ITEMS SUBJECT: Applicant: VILLAGE OF PALMETTO BAY Location: VILLAGE-WIDE Application: RZ-24-005 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY; RELATING TO SIGNAGE; REPEALING DIVISION 30-90. SIGN REGULATIONS IN THEIR ENTIRETY AND REPLACING WITH A NEW DIVISION 30-90; PROVIDING FOR CODIFICATION, SEVERABILITY; AND AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: 1 Council Staff Memo Draft Signage Code Update 121624.pdf Attachment A Sign Code -Ordinance First Reading 121624.docx Attachment Aa DIVISION 30_90 SIGN REGULATIONS (updated) 121624.pdf Attachment B Signage First Reading 121624.pptx Attachment C Palmetto Bay Existing sign survey 040524.pptx Attachment D Other Municipal Existing Signs survey 060424.pptx 12

To: Honorable Mayor and Village Council Date: December 16, 2024 From: Silvia E. Vargas, FAICP, Interim Planning Director Re: Division 30-90 Sign Code Amendments RZ-24-005 BACKGROUND At the request of Councilperson Cody, the Village Council reviewed the existing signage regulations at the January 17, 2024 Committee of the Whole workshop. Using the direction and feedback staff received at the workshop, a draft update to the signage code was prepared. The Village engaged Calvin, Giordano & Associates (CGA) to propose amendments to the Village’s Sign Code with the goal of modernizing, strengthening, and adding or deleting language as necessary. On September 18, 2024, the Committee of the Whole reviewed the proposed draft presented by CGA. Staff recommends repealing the existing Division 30-90 regulations in their entirety and replacing them with a new Division 30-90. The proposed sign regulations attached to the Ordinance as Exhibit “A” are provided in a strikethrough and underline format and in red so that the changes may be easily followed. Generally, the changes include the following: 1. Adding language to exempt certain signage from these regulations (Government, Hazard or Public Notice signs) 2. Adding Crime Prevention Through Environmental Design (CPTED) principles language. 3. Adding, amending or deleting definitions. 4. Adding Temporary on premises signs regulations. 5. Prohibiting new pylon signs. 6. Clarifying language on window signs. 7. Providing for Safe Sight Distance Triangles. 8. Updating Tables 9. Allowances for Monument type signs. 10. Creating sign regulations for the Downtown (DMU). 11. Inserting the Old Cutler Neighborhood Commercial District sign regulations within Division 30-90. 12. Creating a process and schedule for sign amortization. 13

RZ-24-005 / Amending Division 30-90 Sign Regulations Page 2 of 2 ATTACHMENTS Attachment A: Ordinance – Sign Regulations Exhibit “A” Division 30-90. Sign Regulations Attachment B: Village Council Sign Presentation PowerPoint – December 16, 2024 Attachment C: Village Sign Survey PowerPoint – Survey Date – April 5, 2024 Attachment D: Survey of Other Municipalities’ Signage PowerPoint 14

Page 1 of 5 Additions shown by underlining and deletions shown by overstriking. ORDINANCE 2024-___1 2 AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE3 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO SIGNAGE;4 REPEALING DIVISION 30-90. SIGN REGULATIONS IN THEIR5 ENTIRETY AND REPLACING WITH A NEW DIVISION 30-90;6 PROVIDING FOR CODIFICATION, SEVERABILITY AND AN7 EFFECTIVE DATE. (Sponsored by Councilmember Cody and Prepared8 by Planning and Zoning)9 10 WHEREAS, the Mayor and Village Council of Palmetto Bay,11 pursuant to the Village’s adopted Comprehensive Plan have pledged to12 develop a Land Development Code tailored to the needs of the Village’s13 residents, businesses and other properties; and14 15 WHEREAS, the Village, as the governing body, pursuant to the16 authority vested in Chapters 163 and 166, Florida Statutes, is authorized17 and empowered to consider changes to its land development regulations;18 and19 20 WHEREAS, the Village