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, MAY 15, 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.

A.

Notice of Zoning Hearing (May 15, 2023)

2.

REQUEST, PETITIONS, AND PUBLIC COMMENTS

3.

APPROVAL OF MINUTES

A.

Zoning Hearing (April 17, 2023)

4.

MAJOR PROJECTS UPDATE

5.

PUBLIC HEARING ITEMS

A.

Applicant: VILLAGE OF PALMETTO BAY

Ordinance: 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 ADOPT HIGHER REGULATORY STANDARDS; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration) (Second Reading) (Passed on First Reading-March 20, 2023)

B.

Applicant: VILLAGE OF PALMETTO BAY

Ordinance: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30-50.3 STYLED "R-1, SINGLE FAMILY RESIDENTIAL DISTRICT" BY AMENDING SUB-SECTION 30-50.3(C)(3) REGARDING PROHIBITED USES; AMENDING THE CODE OF ORDINANCES TO ALLOW SPECIFIED ZONING DISTRICTS TO KEEP AND MAINTAIN CHICKENS, AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Vice Mayor Leanne Tellam) (Second Reading) (Passed on First Reading-March 20, 2023)

6.

DISCUSSION ITEMS

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. A. Notice of Zoning Hearing (May 15, 2023) 2. REQUEST, PETITIONS, AND PUBLIC COMMENTS 3. APPROVAL OF MINUTES A. Zoning Hearing (April 17, 2023) 4. MAJOR PROJECTS UPDATE 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, MAY 15, 2023 – 7:00 PM VILLAGE HALL MUNICIPAL CENTER 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157 (305) 259-1234 1

5. PUBLIC HEARING ITEMS A. Applicant: VILLAGE OF PALMETTO BAY Ordinance: 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 ADOPT HIGHER REGULATORY STANDARDS; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration) (Second Reading) (Passed on First Reading–March 20, 2023) B. Applicant: VILLAGE OF PALMETTO BAY Ordinance: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30-50.3 STYLED “R-1, SINGLE FAMILY RESIDENTIAL DISTRICT” BY AMENDING SUB- SECTION 30-50.3(C)(3) REGARDING PROHIBITED USES; AMENDING THE CODE OF ORDINANCES TO ALLOW SPECIFIED ZONING DISTRICTS TO KEEP AND MAINTAIN CHICKENS, AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Vice Mayor Leanne Tellam) (Second Reading) (Passed on First Reading–March 20, 2023) 6. DISCUSSION ITEMS A. Update on Comprehensive Plan 7. 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 2

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

VILLAGE OF PALMETTO BAY NOTICE OF ZONING HEARING NOTICE IS HEREBY GIVEN that the Village of Palmetto Bay shall conduct a Zoning Hearing on Monday, May 15, 2023, at 7:00 p.m. The Zoning Hearing shall be held at Village Hall, 9705 East Hibiscus Street, Council Chambers, Palmetto Bay, Florida 33157. The following items are being heard and considered during the Zoning Hearing pursuant to the Village’s Land Development Code: Item 1: The following Ordinance is being considered pursuant to the Village’s Land Development Code on Second Reading: Applicant: VILLAGE OF PALMETTO BAY Ordinance: 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 ADOPT HIGHER REGULA- TORY STANDARDS; PROVIDING FOR SEVERABILITY, CODIFI- CATION AND AN EFFECTIVE DATE. (Sponsored by Administra- tion) (This Ordinance passed on First Reading – March 20, 2023) Item 2: The following Ordinance is being considered pursuant to the Village’s Land Development Code on Second Reading: Applicant: VILLAGE OF PALMETTO BAY Ordinance: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SEC- TION 30-50.3 STYLED “R-1, SINGLE FAMILY RESIDENTIAL DIS- TRICT” BY AMENDING SUB-SECTION 30-50.3(C)(3) REGARDING PROHIBITED USES; AMENDING THE CODE OF ORDINANCES TO ALLOW SPECIFIED ZONING DISTRICTS TO KEEP AND MAINTAIN CHICKENS, AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Vice Mayor Leanne Tellam) (This Ordinance passed on First Reading – March 20, 2023) All persons are invited to appear and be heard. The documents pertaining to this Hearing may be inspected at the Department of Planning & Zoning at Village Hall, 9705 East Hibiscus Street, Palmetto Bay, Florida, during regular working hours. Any meeting may be opened and continued, and, under such circumstances, additional legal notice would not be provided. Any person may contact Village Hall for more information. This meeting will be conducted using a teleconferencing platform and broadcast live. Members of the public may attend the meeting at the physical meeting location and/or watch the virtual meeting via the Village’s official Facebook page and/or our Granicus web stream on www.palmettobay-fl.gov. For persons wishing to participate virtually and provide public comment, please refer to the options described below: Public comments forum (Option 1): Prior to the meeting, the public can submit a web form available at this address: https://www.palmettobay-fl.gov/formcenter/public- comments-form-10/public-comments-form-52. Form submissions received prior to the meeting will be read before the item is heard. Form submissions received after 5:00 p.m. will remain part of the record. 4

Public comments forum (Option 2): Public attendees wishing to provide real-time, au- dible public comments during the meeting may do so using GoToWebinar’s desktop, lap- top, tablet, or smartphone app. Once registered, attendees will receive GTW session in- formation and call-in telephone numbers for those wishing to use a telephone. Telephone attendees may not participate in public comment as the system has no way to mute or unmute. Attendees wishing to speak during public comment time must use the Go- ToWebinar application on their desktop, laptop, or smart device. Attendees may not use a webcam whatsoever. In lieu if no availability to participate through the webinar, please submit your public comment using the web form as described above. Please register to attend the session as follows: https://attendee.gotowebinar.com/register/1203170713451861333 After registering, you will receive a confirmation email containing infor- mation about joining the webinar. Pursuant to Section 286.0105, F.S., if any person decides to appeal any decision by the Village Council with regard to this or any matter, he/she will need to ensure that a verbatim record of the proceedings is made, which record includes the 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 evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation (or hearing impaired) to participate in this proceeding or to review any documents relative thereto should contact the Village for assistance at (305) 259-1234 no later than seven (7) days prior to the proceedings. www.palmettobay-fl.gov 5

AGENDA ITEM NO. 3.A Item Cover Page DATE: May 15, 2023 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Zoning Hearing (April 17, 2023) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: Minutes-Zoning Hearing (April 17, 2023) Exhibit A-Public Comment Forms 6

MINUTES Zoning Hearing of Monday, April 17, 2023 Page 1 of 8 1 MINUTES2 ZONING HEARING3 MONDAY, APRIL 17, 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 7:00 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 A moment of silence was held for the victims affected by school shootings35 across the U.S.A.36 37 Councilmember Patrick Fiore led the pledge of allegiance.38 39 2. REQUESTS, PETITIONS, AND PUBLIC COMMENTS40 41 Clerk Missy Arocha read the public comments by form. All public comments42 submitted by form, are attached as "Exhibit A".43 7

MINUTES Zoning Hearing of Monday, April 17, 2023 Page 2 of 8 3. APPROVAL OF MINUTES1 2 A. Zoning Hearing (March 20, 2023)3 4 Clerk Arocha reported that the scrip nous error on page 10, line 47, the word5 “explication” will be corrected to read “explanation”.6 7 Vice Mayor Leanne Tellam motioned to approve the minutes. Councilmember8 Councilmember Patrick Fiore seconded the motion. All voted in favor (5-0).9 The minutes passed unanimously.10 11 4. MAJOR PROJECTS UPDATE12 13 Community and Economic Development Director Heidi Siegel announced the14 details of the Recycling Drive-Thru Event scheduled for April 29, 2023, and15 provided an update on the Village’s Comprehensive Plan.16 17 Director Siegel illustrated a Powerpoint Presentation on the Village’s major18 projects status report dated March 2023. The presentation showed data on19 the applications received in February 2022, pending applications, applications20 under review that require a public hearing, submitted and incomplete21 applications, projects under construction, recently approved building permits,22 approved projects pending building permits and construction, and approved23 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 ITEMS:29 30 Item 5A: The following Resolution requiring a public hearing is being considered31 pursuant to the Village’s Land Development Code:32 33 Applicant: JUAN CARLOS SAINZ / FAIRCHILD BAY SUBDIVISION, LLC34 Location: 9000 SW 174 STREET, PALMETTO BAY, FL 3315735 Property Folio: 33-5033-000-022036 Application: RZ-23-00437 Request: REQUESTING CHANGE OF ZONING FROM AG TO EM38 Ordinance: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE39 VILLAGE OF PALMETTO BAY FLORIDA; AMENDING THE ZONING MAP,40 REFERRED TO IN SECTION 30-10.5 TO CHANGE THE ZONING DESIGNATION41 FROM “AGRICULTURAL” (“AG”), TO “ESTATE MODIFIED SINGLE-FAMILY”42 (“EM”)WHICH ALLOWS ONE DWELLING UNIT PER EACH 15,000 NET SQUARE43 FEET OF LAND, FOR A PROPERTY LOCATED AT 9000 SW 174 STREET, WITH44 A PROPERTY FOLIO OF 33-5033-000-0220; PROVIDING FOR CONFLICT AND45 PROVIDING FOR AN EFFECTIVE DATE. (First Reading)46 47 8

MINUTES Zoning Hearing of Monday, April 17, 2023 Page 3 of 8 Item 5A was moved by Councilmember Steve Cody. Seconded by Vice Mayor1 Leanne Tellam.2 3 Attorney Dellagloria provided an explanation on quasi-judicial proceedings.4 5 Clerk Arocha swore the witnesses that wished to testify for all the public hearing items6 on the agenda.7 8 The Village Council individually reported on their ex-parte communications.9 10 Clerk Arocha read the Ordinance by title/caption.11 12 Clerk Arocha read the public comments submitted by form.13 14 The following in-person public comments were held opposed to the public hearing15 item:16  Nora Hentschel (17505 SW 91 st Avenue)17  Carol Vega (8845 SW 178th Terrace)18  Haydee Sanchez (8825 SW 178th Terrace)19  Alvaro Tanaka (17435 SW 91st Avenue)20  Rachel Stanton (8441 SW 180 th Street)21  Camila Ortega (9100 SW 174th Street)22 23 STAFF’S PRESENTATION:24 Planning Division Manager, Alexander Adams demonstrated a PowerPoint25 Presentation on the rezoning change from AG-Agriculture to EM-Estate Modified26 Zoning District. The presentation illustrated the applicant’s request, rezoning27 evaluation factors, and staffs recommendation. The Village staff recommended that28 the Village Council approve the application.29 30 Following the presentation, Mr. Adams answered questions raised by the members31 of the Council regarding the rezoning evaluation factors, including requirements for32 trees on the site.33 34 APPLICANT’S PRESENTATION:35 Mr. Angel Lopez introduced himself as the applicant’s planner and surveyor and36 reported that the property owner agreed with the staff's recommendations. He also37 explained that the site plan sketch illustrated during the staff’s presentation was38 incorrect. He introduced the corrected sketch of the site plan, explained the39 corrections, and reported that the applicant would not ask for variances. Following his40 presentation, he answered questions raised by the members of the Council regarding41 the site plan sketch.42 43 Mrs. Sira Sainz introduced herself as one of the site's property owners. She provided44 a property history and explained the applicant’s intent, need, and justification for the45 proposed change from “AG” to “EM”.46 47 48 9

MINUTES Zoning Hearing of Monday, April 17, 2023 Page 4 of 8 REBUTTAL1 Mr. Juan Sanzhez introduced himself as one of the site's property owners. He2 reported that the agricultural zoning of the property is a legacy zoning of the property3 that is legally non-conforming in terms of lot size, depth, and density and the that4 rezoning permits land use and building occupants that are no longer compatible with5 the character of the mature and stable estate-density single-family neighborhood that6 surrounds the subject property.7 8 Director Siegel answered questions raised by the members of the Council regarding9 the land parcel.10 11 COUNCIL DISCUSSION12 The members of the Village Council spoke opposed to the approval of the application.13 Attorney Dellagloria questioned that if the Council were to deny the applicant’s14 request, would that vote be with or without prejudice. He explained that if the vote15 were to be with prejudice, the applicant would not be able to re-file an application until16 one year later.17 18 Without prejudice was the consensus of the Village Council.19 20 The question was called in favor of the Ordinance on First Reading via a roll call vote:21 22  Councilmember Marsha Matson - NO23  Councilmember Steve Cody - NO24  Councilmember Patrick Fiore - NO25  Mayor Karyn Cunningham - NO26  Vice Mayor Leanne Tellam - NO27 28 All voted in favor of denying the application (0-5) without prejudice.29 30 Item 5B: The following Ordinance is being considered pursuant to the Village’s31 Land Development Code on Second Reading:32 33 Applicant: VILLAGE OF PALMETTO BAY34 Ordinance: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE35 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO LAND DEVELOPMENT36 AND ZONING; AMENDING THE LAND DEVELOPMENT CODE, STLYED37 “ZONING,” AT ARTICLE II, “VILLAGE OF PALMETTO BAY, FLORIDA-LAND38 DEVELOPMENT CODE,” AMENDING DIVISION 30-160 “ART IN PUBLIC PLACES”;39 PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION AND AN40 EFFECTIVE DATE. (Second Reading)41 42 Item 5B was moved by Councilmember Patrick Fiore. Seconded by Councilmember43 Steve Cody.44 45 Clerk Arocha read the Ordinance by title/caption.46 47 Clerk Arocha announced that no public comments were submitted by form.48 10

MINUTES Zoning Hearing of Monday, April 17, 2023 Page 5 of 8 No one wished to speak in support or opposed to the public hearing item during public1 comments.2 3 STAFF’S PRESENTATION:4 Resiliency Coordinator, Andrea Candelaria reported that no changes were made to5 the presentation that was presented during First Reading of the Ordinance.6 7 The consensus of the Council was not to have a staff presentation on the public8 hearing item on second reading.9 10 There were no Council questions.11 12 There was no Counicl discussion.13 14 The question was called in favor of the Ordinance on Second Reading via a roll call15 vote:16 17  Mayor Karyn Cunningham - YES18  Vice Mayor Leanne Tellam - YES19  Councilmember Patrick Fiore - YES20  Councilmember Steve Cody - YES21  Councilmember Marsha Matson - YES22 23 All voted in favor of the Ordinance on Second Reading (5-0). The Ordinance24 passed unanimously.25 26 Item 5C: The following Ordinance is being considered pursuant to the Village’s27 Land Development Code on Second Reading:28 29 Applicant: VILLAGE OF PALMETTO BAY30 Ordinance: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE31 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO LAND DEVELOPMENT32 AND ZONING; AMENDING THE LAND DEVELOPMENT CODE, STLYED33 “ZONING,” AT ARTICLE II, “VILLAGE OF PALMETTO BAY, FLORIDA - LAND34 DEVELOPMENT CODE,” AMENDING DIVISION 30-70 “PARKING AND LOADING35 STANDARDS"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION36 AND AN EFFECTIVE DATE. (Second Reading)37 38 Item 5C was moved by Councilmember Patrick Fiore. Seconded by Vice Mayor39 Leanne Tellam.40 41 Clerk Arocha read the Ordinance by title/caption.42 43 Clerk Arocha read the public comment submitted by form.44 45 No one wished to speak in support or opposed to the public hearing item during public46 comments.47 48 11

MINUTES Zoning Hearing of Monday, April 17, 2023 Page 6 of 8 STAFF’S PRESENTATION:1 Director Siegel provided a synopsis, an overview of the proposed parking and loading2 standards, and summary amendments. She reported that staff recommended that3 the Council approve the adopt the Ordinance on Second Reading. She answered4 questions raised by the Council regarding parking.5 6 COUNCIL DISCUSSION7 Councilmember Marsha Matson spoke in favor of reserving one parking space for8 vehicle deliveries close to the delivery door of each building.9 10 Councilmember Marsha Matson motioned that one delivery parking space be11 reserved for deliveries close to delivery door. Councilmember Patrick Fiore12 seconded the motion. The motion passed (3-2); Vice Mayor Leanne Tellam and13 Councilmember Steve Cody voting opposed.14 15 Director Siegel reported that the intent exists in the code; however, it’s the16 enforcement of human behavior that is the issue. She explained that one of the17 changes made to the code, were that residential units did not have the requirement18 for front loading spaces; however, adding the requirement for residential units was19 made to the code.20 21 Attorney Dellagloria reported that if it is the intent of the Council to reconsider the22 amendment, a motion to reconsider the amendment must be made.23 24 No members of the Council wished to reconsider the amendment.25 26 Director Siegel announced that she would look at the code to see where it would fit27 appropriatly.28 29 Councilmember Steve Cody urged the Council to reconsider the amendment as no30 one proffered where to place the amendment on the proposed Ordinance.31 32 The question was called in favor of the amended Ordinance on Second Reading via33 a roll call vote:34 35  Vice Mayor Leanne Tellam - NO36  Councilmember Patrick Fiore - YES37  Mayor Karyn Cunningham - YES38  Councilmember Marsha Matson - YES39  Councilmember Steve Cody - NO40 41 All voted in favor of the amended Ordinance on Second Reading (5-0). The42 Ordinance passed unanimously.43 44 45 46 47 48 12

MINUTES Zoning Hearing of Monday, April 17, 2023 Page 7 of 8 6. ADJOURNMENT1 2 Manager Marano illustrated copies of invoices and complaints dated between3 2015 to 2018 related to complaints and actions at Coral Reef Park involving4 bird behavior such as ducks and geese. He explained that the Village had5 done everything the same from actions from the past-that; all actions have6 been consistent, including the efforts of previous Managers and Council.7 8 Councilmember Steve Cody questioned the timeline of the actions and if the9 prior Mayor knew of the happenings during that time frame.10 11 Manager Marano responded that he did not have records for the years prior to12 2008, only for the years between 2015 and 2018, that include the prior Mayor.13 14 Councilmember Marsha Matson reported that preceding Councilmember15 David Singer and she were the sponsors to the Ordinance relating to Bird16 Refuge in the Village that prohibited aggressive interaction with bird species17 which required trappers to file a registration with the Village Clerk. She18 explained her opposition to the recent administrative decision made regarding19 the removal of ducks at Coral Reef Park.20 21 Attorney Dellagloria reported that when he wrote Ordinance 2020-10, he22 drafted it as humanely as possible; however, permits are not required by the23 state to transport or euthanize birds.24 25 Mayor Karyn Cunningham urged the Council to move forward with creating a26 new model towards the future.27 28 Councilmember Steve Cody reported that he had placed a discussion item on29 the May Committee of the Whole Workshop relating to exotic and invasive30 species-birds. He also explained that the Village cannot override federal and31 state laws.32 33 Councilmember Patrick Fiore spoke in support of the 2020 bird sanctuary34 Ordinance that was approved by the Council and spoke opposed to the recent35 administrative decision made to euthanize ducks at Coral