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 Quick

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, OCTOBER 19, 2026 - 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.

Local Planning Agency Meeting (September 28, 2026)

B.

Zoning Hearing (September 28, 2026)

4.

MAJOR PROJECTS UPDATE

5.

ORDINANCES FOR SECOND READING AND PUBLIC HEARING

A.

Applicant: Village of Palmetto Bay

Location: Village-wide

Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO COMMUNITY PLANNING AND DEVELOPMENT, TO ADOPT HIGHER REGULATORY STANDARDS; AMENDING CHAPTER 30 "ZONING," ARTICLE II "VILLAGE OF PALMETTO BAY, FLORIDA - LAND DEVELOPMENT CODE," DIVISION 30-100.6 "FLOODPLAIN MANAGEMENT REGULATIONS" TO REVISE THE EFFECTIVE DATE OF THE FLOOD INSURANCE STUDY; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Sustainability & Resiliency Planner, Andrea Candelaria) (Passed on First Reading on September 28, 2026, Zoning Hearing)

6.

ORDINANCES FOR FIRST READING AND PUBLIC HEARING

A.

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 Quick 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, OCTOBER 19, 2026 – 7:00 PM VILLAGE HALL MUNICIPAL CENTER 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157 (305) 259-1234 1

3. APPROVAL OF MINUTES A. Local Planning Agency Meeting (September 28, 2026) B. Zoning Hearing (September 28, 2026) 4. MAJOR PROJECTS UPDATE 5. ORDINANCES FOR SECOND READING AND PUBLIC HEARING A. Applicant: Village of Palmetto Bay Location: Village-wide Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO COMMUNITY PLANNING AND DEVELOPMENT, TO ADOPT HIGHER REGULATORY STANDARDS; AMENDING CHAPTER 30 “ZONING,” ARTICLE II “VILLAGE OF PALMETTO BAY, FLORIDA - LAND DEVELOPMENT CODE,” DIVISION 30-100.6 “FLOODPLAIN MANAGEMENT REGULATIONS” TO REVISE THE EFFECTIVE DATE OF THE FLOOD INSURANCE STUDY; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Sustainability & Resiliency Planner, Andrea Candelaria) (Passed on First Reading on September 28, 2026, Zoning Hearing) 6. ORDINANCES FOR FIRST READING AND PUBLIC HEARING A. Applicant: Village of Palmetto Bay Location: Village-wide Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ADOPTING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT (CIE) OF THE VILLAGE’S COMPREHENSIVE PLAN FOR 2026 AND THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR FISCAL YEARS 2026/2027 – 2030/2031 PURSUANT TO SECTION 163.3177(3)(B), FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Planning and Zoning Director, Javier Gonzalez) B. Applicant: Village of Palmetto Bay Location: Village-wide Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ACCEPTING AND ADOPTING THE MOBILITY FEE TECHNICAL REPORT AND PARKS IMPACT FEE STUDY REPORT PREPARED BY STANTEC CONSULTING SERVICES INC.; AMENDING APPENDIX A, "FEE SCHEDULE," OF THE CODE OF ORDINANCES RELATING TO THE VILLAGE-WIDE MOBILITY IMPACT FEE SCHEDULE AND PARK CONCURRENCY IMPACT FEE SCHEDULE PURSUANT TO THE FLORIDA IMPACT FEE ACT (SECTION 163.31801, FLORIDA STATUTES); PROVIDING FOR STATUTORY PHASE-IN INCREMENTS AND NOTICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Planning and Zoning Director, Javier Gonzalez) 2

C. Applicant: Village of Palmetto Bay Location: Village-wide Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO BUILDING PERMIT FEES; RESTRUCTURING APPENDIX A OF THE CODE OF ORDINANCES IN COMPLIANCE WITH HB 399 AND HB 803 OF THE 2026 FLORIDA LEGIUSLATURE; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Building Official, Dean Klements) 7. PUBLIC HEARING ITEMS 8. 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. AMERICAN DISABILITIES 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 3

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: October 19, 2026 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Local Planning Agency Meeting (September 28, 2026) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: 2026-09-28 LPA-Minutes 5

MINUTES Local Planning Agency Meeting – Monday, September 28, 2026 Page 1 of 5 1 2 3 4 MINUTES5 LOCAL PLANNING AGENCY MEETING6 MONDAY, SEPTEMBER 28, 2026 – 7:00 PM7 VILLAGE HALL MUNICIPAL CENTER8 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 331579 10 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND11 DECORUM STATEMENT, IN THAT ORDER.12 13 Mayor Karyn Cunningham called the meeting to order at 7:00 p.m.14 15 The following members of the Village Council were present during the roll call:16 Mayor Karyn Cunningham17 Vice Mayor Mark Merwitzer18 Councilmember Patrick Fiore19 Councilmember Steve Cody20 Councilmember Marsha Matson21 22 The following Charter Officers were present during the roll call:23 Village Manager Nick Marano24 Village Attorney John Quick25 Village Clerk Missy Arocha26 27 The innovation was led by Councilmember Patrick Fiore and the pledge of allegiance was28 led by Building and Planning Director, Dean Klement.29 30 2. REQUESTS, PETITIONS, AND PUBLIC COMMENTS: The following speakers spoke for31 a time allotment of three minutes:32 33  Jeffrey Berman (14063 SW 67th Place) – explained that he is the president of the34 Homeowner’s Association of Yacht Club by Luxcom and inquired by the settlement35 agreement between the Village and Luxcom.36 37 3. PUBLIC HEARING ITEMS38 39 A. Applicant: Village of Palmetto Bay40 Location: Village-wide41 Request: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE42 VILLAGE OF PALMETTO BAY, FLORIDA, SITTING AS THE LOCAL PLANNING43 AGENCY; RECOMMENDING APPROVAL TO THE VILLAGE COUNCIL OF AMENDING44 CHAPTER 30 “ZONING,” ARTICLE II “VILLAGE OF PALMETTO BAY, FLORIDA – LAND45 DEVELOPMENT CODE,” DIVISION 30-100.6 “FLOODPLAIN MANAGEMENT46 REGULATIONS” TO REVISE THE EFFECTIVE DATE OF THE FLOOD INSURANCE47 STUDY; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and48 6

MINUTES Local Planning Agency Meeting – Monday, September 28, 2026 Page 2 of 5 prepared by Sustainability & Resiliency Planner, Andrea Candelaria)1 2 Item 3A was moved by Councilmember Patrick Fiore and seconded by Vice Mayor3 Mark Merwitzer.4 5 There were no public comments or public comments submitted by form on the public6 hearing item.7 8 Sustainability & Resiliency Planner, Andrea Candelaria explained and presented the9 changes regarding the floodplain management section of the Division 30-100.6 of10 the Code of Ordinances.11 12 There were no Council objections, questions, or comments to the public hearing13 item.14 15 Final Vote for Item 3A16 The question was called in favor of the Resolution. All voted in favor (5-0). The17 Ordinance passed unanimously by a roll-call vote.18 19  Vice Mayor Mark Merwitzer - YES20  Councilmember Steve Cody - YES21  Councilmember Patrick Fiore - YES22  Mayor Karyn Cunningham - YES23  Councilmember Marsha Matson - YES24 25 B. Applicant: Village of Palmetto Bay26 Location: Village-wide27 Request: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE28 VILLAGE OF PALMETTO BAY, FLORIDA, SITTING AS THE LOCAL PLANNING29 AGENCY; RECOMMENDING APPROVAL TO THE VILLAGE COUNCIL OF A TEXT30 AMENDMENT TO SECTION 30-40 OF THE VILLAGE CODE OF ORDINANCES31 ENTITLED "DEFINITIONS AND RULES OF CONSTRUCTION;” RECOMMENDING THE32 CREATION OF SECTION 30-60.32 TO EXPRESSLY PROHIBIT DATA CENTERS IN ALL33 ZONING DISTRICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Vice34 Mayor Mark Merwitzer)35 36 Item 3B was moved by Vice Mayor Mark Merwitzer and seconded by37 Councilmember Patrick Fiore.38 39 There were no public comments or public comments submitted by form on the public40 hearing item.41 42 Vice Mayor Mark Merwitzer introduced the proposed Ordinance, explaining that data43 centers are a rapidly growing industry throughout Miami-Dade County and reported44 that that these facilities may be established through the conversion of existing45 buildings or developed as artificial intelligence (AI) and telecommunications hubs.46 He reported that the Ordinance would define data centers and their operations within47 the Village Code and prohibit data centers throughout Palmetto Bay, while48 preserving the legality of small businesses and other permitted uses in the Village.49 50 7

MINUTES Local Planning Agency Meeting – Monday, September 28, 2026 Page 3 of 5 Councilmember Steve Cody directed questions to Village Attorney John Quick and1 Planning and Zoning Director, Javier Gonzalez regarding the need for the proposed2 legislation and the Village’s existing regulations.3 4 Director Javier Gonzalez reported that AI data centers are not currently permitted5 under the Village Code, that no zoning district allows such facilities, and that the6 Village has not received any applications, zoning determination requests, or pre-7 application meeting requests for a data center.8 9 Councilmember Steve Cody further questioned whether staff had identified any10 properties where a data center could be approved under the existing Code and11 whether the Planning and Zoning Department had conducted an analysis supporting12 the proposed legislation.13 14 Director Javier Gonzalez responded that no such analysis had been conducted and15 explained that determining whether additional restrictions were necessary was a16 legislative decision for the Village Council.17 18 Councilmember Steve Cody questioned what the proposed measure would prohibit19 beyond what is already prohibited under the existing Code and what specific20 provisions would be codified.21 22 Village Attorney John Quick indicated that the Ordinance would provide clarification23 through an express prohibition.24 25 Councilmember Steve Cody questioned the planning basis for treating different26 types and scales of data center facilities similarly under the proposed measure.27 28 Village Attorney John Quick explained that determining whether such facilities29 should be treated the same was a policy decision for the Village Council and he30 further stated that additional information regarding the facilities’ scale and impacts31 would be needed to evaluate potential legal concerns associated with imposing32 restrictions.33 34 Councilmember Cody questioned whether staff had conducted studies to support a35 complete prohibition, identified potential locations for data centers within the Village,36 or received information indicating demand for such facilities in Palmetto Bay.37 38 Director Javier Gonzalez reported that no studies had been conducted, no potential39 locations had been identified through a staff study, and no information regarding40 demand had been identified.41 42 Village Manager Nick Marano confirmed that these studies had not been performed43 and stated that they were not required for the Council to consider the proposed44 measure as a policy decision.45 46 Councilmember Cody referenced the Comprehensive Plan’s Map FLU-2, Vacant47 Land, during the discussion of potential locations and development considerations.48 49 8

MINUTES Local Planning Agency Meeting – Monday, September 28, 2026 Page 4 of 5 Village Attorney John Quick responded to questions raised during the discussion.1 2 Councilmember Marsha Matson discussed the proposed prohibition and the3 inclusion of an express prohibition in the Village Code.4 5 Councilmember Patrick Fiore discussed the proposed legislation, indicating support6 for the Resolution as a recommendation to the Local Planning Agency (LPA) and7 stating that he will not support the item if it comes back as an Ordinance.8 9 Councilmember Cody requested that consideration of the proposal be deferred to10 allow staff to conduct studies regarding the potential impacts and practical11 considerations associated with data center facilities.12 13 Councilmember Steve Cody motioned to defer consideration of the LPA Resolution14 until December 7, 2026, to allow staff to gather and present additional information15 to the newly seated Council. Mayor Karyn Cunningham seconded the motion.16 17 Mayor Karyn Cunningham questioned about the time needed to compile additional18 information regarding the proposed data center prohibition.19 20 Director Javier Gonzalez stated that the scope of the study and the data or analysis21 required would need to be determined and that a consultant might be needed to22 assist with areas outside the Village’s expertise.23 24 Village Attorney John Quick stated that completing the work by the next Zoning25 Hearing scheduled for October 19, 2026, would be difficult.26 27 Vice Mayor Mark Merwitzer discussed the proposed Resolution and Ordinance28 process, reporting that the Ordinance would require two readings for adoption. He29 also explained the possibility of scheduling the subsequent Ordinance hearing for30 December to allow the incoming Village Council to consider the matter and staff to31 evaluate the proposal.32 33 Councilmember Steve Cody amended his motion to defer consideration of the LPA34 Resolution until February 2027. Mayor Karyn Cunningham accepted the35 amendment. There were no Council objections to the amendment on the motion.36 37 Vice Mayor Mark Merwitzer urged the Council to support the Resolution and38 explained the potential future implications of data center development and the39 Village’s existing Code provisions.40 41 Councilmember Steve Cody stated that the LPA Resolution was not accompanied42 by a staff memorandum or supporting analysis and requested that staff compile43 additional information regarding the need for the proposed measure before the44 Council decides.45 46 Village Clerk Missy Arocha read the motion on the floor to defer consideration of the47 LPA Resolution until February 2027. The motion failed by a vote of (2–3), with48 Vice Mayor Mark Merwitzer, Councilmember Patrick Fiore, and Councilmember49 9

MINUTES Local Planning Agency Meeting – Monday, September 28, 2026 Page 5 of 5 Marsha Matson voting in opposition.1 2 Final Vote for Item 3B3 The question was called in favor of the Resolution. The Resolution passed by a4 vote of (3-2), with Councilmember Steve Cody and Mayor Karyn Cunningham5 voting in opposition.6 7  Vice Mayor Mark Merwitzer - YES8  Councilmember Marsha Matson - YES9  Councilmember Steve Cody - NO10  Mayor Karyn Cunningham - NO11  Councilmember Patrick Fiore - YES12 13 4. ADJOURNMENT:14 15 Councilmember Steve Cody motioned to adjourn the meeting. Councilmember Patrick16 Fiore seconded the motion. All voted in favor (5-0). The motion passed unanimously.17 18 The meeting adjourned at 8:09 PM.19 ____________________________________________________________________________20 21 The meeting minutes were approved this 19th day of October, 2026.22 23 Attest:24 25 26 27 ____________________________ ___________________________28 Mayor Karyn Cunningham Village Clerk Missy Arocha29 10

AGENDA ITEM NO. 3.B Item Cover Page DATE: October 19, 2026 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Zoning Hearing (September 28, 2026) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: 2026-09-28 Zoning-Minutes 11

MINUTES Zoning Hearing – Monday, September 28, 2026 Page 1 of 4 1 2 3 4 MINUTES5 ZONING HEARING6 MONDAY, SEPTEMBER 28, 2026 – 7:00 PM7 VILLAGE HALL MUNICIPAL CENTER8 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 331579 10 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND11 DECORUM STATEMENT, IN THAT ORDER.12 13 Mayor Karyn Cunningham called the meeting to order at 8:15 p.m. immediately following14 the Local Planning Agency Meeting.15 16 The following members of the Village Council were present during the roll call:17 Mayor Karyn Cunningham18 Vice Mayor Mark Merwitzer19 Councilmember Patrick Fiore20 Councilmember Steve Cody21 Councilmember Marsha Matson22 23 The following Charter Officers were present during the roll call:24 Village Manager Nick Marano25 Village Attorney John Quick26 Village Clerk Missy Arocha27 28 The innovation was led during the Local Planning Agency Meeting and the pledge of29 allegiance was led by Resiliency and Sustainability Planner, Andrea Candelaria.30 31 2. REQUESTS, PETITIONS, AND PUBLIC COMMENTS: There were no public comments32 or public comments submitted by form.33 34 3. APPROVAL OF THE MINUTES35 36 Councilmember Steve Cody motioned to approve the minutes. Vice Mayor Mark37 Merwitzer seconded the motion. All voted in favor (5-0). The motion passed38 unanimously.39 40 A. Local Planning Agency Meeting (June 15, 2026)41 B. Zoning Hearing (June 15, 2026)42 43 4. MAJOR PROJECTS UPDATE44 45 Principal Planner, Edgar illustrated a PowerPoint presentation on current planning and46 development projects and activities, including rezoning applications, site plan applications47 12

MINUTES Zoning Hearing – Monday, September 28, 2026 Page 2 of 4 under review, and approved site plan applications. Following his presentations, he1 answered questions raised by the Council regarding the site plan applications under2 review.3 4 5. ORDINANCES FOR SECOND READING AND PUBLIC HEARING5 6 A. Applicant: Village of Palmetto Bay7 Location: Village-wide8 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE9 VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30-30.2 OF THE10 VILLAGE LAND DEVELOPMENT CODE ENTITLED “GENERAL APPLICATION11 REQUIREMENTS,” SUBSECTION (D)(4), TO UPDATE SURVEY "GENERAL12 APPLICATION REQUIREMENTS," SUBSECTION (0)(4), TO UPDATE SURVEY13 STANDARDS FOR MINOR RESIDENTIAL BUILDING PERMITS; PROVIDING FOR THE14 ACCEPTANCE OF SURVEYS OLDER THAN THREE YEARS FOR MINOR WORK15 SUBJECT TO A NOTARIZED AFFIDAVIT OF NO CHANGE; PROVIDING FOR16 SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND17 PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Karyn Cunningham)18 19 Item 5A was moved by Councilmember Steve Cody and seconded by Vice Mayor20 Mark Merwitzer.21 22 There were no public comments or public comments submitted by form on the public23 hearing item.24 25 Mayor Karyn Cunningham reported that the approval of the Ordinance would allow26 surveys older than three years for minor projects.27 28 There were no Council objections, questions, or comments to the public hearing29 item.30 31 Final Vote for Item 5A32 The question was called in favor of the Ordinance on Second Reading. All voted in33 favor (5-0). The Ordinance passed unanimously by a roll-call vote.34 35  Mayor Karyn Cunningham - YES36  Councilmember Marsha Matson - YES37  Councilmember Patrick Fiore - YES38  Councilmember Steve Cody - YES39  Vice Mayor Mark Merwitzer - YES40 41 6. ORDINANCES FOR FIRST READING AND PUBLIC HEARING42 43 A. Applicant: Village of Palmetto Bay44 Location: Village-wide45 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE46 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO COMMUNITY47 PLANNING AND DEVELOPMENT, TO ADOPT HIGHER REGULATORY48 STANDARDS; AMENDING CHAPTER 30 "ZONING," ARTICLE II "VILLAGE OF49 PALMETTO BAY, FLORIDA - LAND DEVELOPMENT CODE," DIVISION 30-100.650 13

MINUTES Zoning Hearing – Monday, September 28, 2026 Page 3 of 4 "FLOODPLAIN MANAGEMENT REGULATIONS" TO REVISE THE EFFECTIVE1 DATE OF THE FLOOD INSURANCE STUDY; PROVIDING FOR SEVERABILITY,2 CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration and3 prepared by Sustainability & Resiliency Planner, Andrea Candelaria)4 5 Item 6A was moved by Councilmember Marsha Matson and seconded by Vice6 Mayor Mark Merwitzer.7 8 There were no public comments or public comments submitted by form on the public9 hearing item.10 11 There were no Council objections, questions, or comments to the public hearing12 item.13 14 Final Vote for Item 6A15 The question was called in favor of the Ordinance on First Reading. All voted in16 favor (5-0). The Ordinance passed unanimously by a roll-call vote.17 18  Councilmember Steve Cody - YES19  Councilmember Patrick Fiore - YES20  Councilmember Marsha Matson - YES21  Mayor Karyn Cunningham - YES22  Vice Mayor Mark Merwitzer - YES23 24 B. Applicant: Village of Palmetto Bay25 Location: Village-wide26 Request: AN ORDINANCE OF THE VILLAGE OF PALMETTO BAY, FLORIDA,27 AMENDING CHAPTER 30, DIVISION 30-40, "DEFINITIONS AND RULES OF28 CONSTRUCTION"; DEFINING DATA CENTERS AND ACCESSORY SERVER29 ROOMS; CREATING SECTION 30-60.32 TO EXPRESSLY PROHIBIT DATA30 CENTERS IN ALL ZONING DISTRICTS; CLARIFYING THE TREATMENT OF31 TELECOMMUNICATIONS FACILITIES AND ACCESSORY SERVER ROOMS;32 PROVIDING FOR LAWFUL EXISTING USES AND VESTED RIGHTS; PROVIDING33 FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR34 AN EFFECTIVE DATE. (Sponsored by Vice Mayor Mark Merwitzer)35 36 Item 6B was moved by Councilmember Marsha Matson and seconded by Vice37 Mayor Mark Merwitzer.38 39 The following speaker spoke for a time allotment of three minutes:40 41  Jeffrey Berman (14063 SW 67th Place) – explained that he is the president of42 the Homeowner’s Association of Yacht Club by Luxcom and inquired by the43 settlement agreement between the Village and Luxcom44 45 Vice Mayor Mark Merwitzer motion