e I am here thank you commissioner Dylan here commissioner Noble commissioner Conley commissioner Mah here commissioner laru here all right we have enough to run perfect so next item on the agenda is public comment we obviously encourage public participation if you're addressing the Planning Commission please come up to the podium state your name and address for the record limit your comments to 3 minutes please and please do not include any topic that is on the agenda you'll have time to speak to that topic when we approach that agenda item um and then for any quasi judicial hearing on the agenda any affected person be may become a party to this proceeding can be entitled to present evidence at the hearing including sword and testimony uh of witnesses and relevant exhibits and other documentary evidence to cross-examine all Witnesses by following a notice of intent to be a party with the community development director not less than 5 days prior to the hearing and we do have one item on our agenda that is a quasi judicial piece of business so at this time is there any public comment on an item that is not specifically on our agenda perfect okay the next item will be the approval of the minutes I'm assuming everyone here has reviewed the minutes and I'll look for a motion to approve or modify as you see fit uh motion to approve the minutes from the previous meeting thank you Mr lar anybody have a second second all right we have a motion second you please call the rooll commissioner Laro yes commissioner mayor yes commissioner connley not here oh sorry commissioner Dylan yes chairman wof yes ad minutes are approved thank you so our first item of new business uh is ordinance 202 24-9 appendix D Johns Pass Village Activity Center zoning who's taking that one uh I will take that let me just make this a little larger so all of you on the Planning Commission should be familiar with the John's Pass Village Activity Center U just as a little bit of a background uh the boc adopted 2023-24 d02 back in March of 2024 th so those two ordinances updated the madir Beach Comprehensive plan and the future land use map to Activity Center in the Johns Pass Village um Activity Center area so within a year we are required to amend our zoning Our Land Development regulations so with that there will be multiple ordinances that you will see tonight there's actually four this is the first one um so ordinance which is the new Johns Pass Village Activity Center development standards and it follows the special area plan that was approved back in March and this has been brought to Planning Commission as well as boc multiple times this is the main document that goes through um what's allowed what the development standards will be um it's zoning categories for for that John's Pass Village Activity Center area and it's broken down into the six character districts and each character district has uses accessory uses special exception uses building Site Area requirements the setbacks in each district maximum building Heights and it follows all the other zoning categories and a document that we brought those on the dis for all the Commissioners um and there's a few copies in the back um of the room as well a few amendments that staff is recommending to be put into the recommendation from Planning Commission um it would be on page five of the ordinance so let me scroll up so under the special exception uses for three John's Pass Resort this open rooftop and Terrace uses and on this document that was on the dis it's highlighted the the changes so instead of just stating open rooftop and Terrace use just making that a little bit more specific to open rooftop balcony and elevated Terrace use and so you'll see that in John's Pass Resort low intensity mixed use District as well as the transitional District just making sure that that is specific in those areas and then the other amendment that staff is recommending is on page nine of the ordinance let me see what page that is in is page 18 of the packet and I can zoom up in here make it a little bit more clear for everyone else watching so the heights are measured from the design flood elevation to the e line of the building um and then we are recommending to include um the use of stories so here in Boardwalk it would say 34 ft not to exceed two stories over ground floor parking or commercial and then down in commercial [Music] core that would read um 34t comma not to exceed two stories of ground floor commercial here on B would be not to exceed three stories of her ground floor commercial and C 55 ft not to exceed four stories of her ground floor commercial John's Pass Resort uh the 44t not to exceed four stories of her ground floor parking B let's see 55 ft not to exceed five stories of her ground floor parking the low intensity mix use 34 ft not to exceed three stories of ground floor parking five traditional Village the 34 ft not to exceed two stories over ground floor commercial B 44 ft not to exceed three stories of her ground floor commercial and then in transitional you would have an A and A B so a is West Side of Gulf Boulevard not to exceed four stories of her ground floor parking and then B would be east side of Gulf Boulevard not to exceed four stories over ground floor parking or commercial and a lot of these numbers came from us looking at what's on the ground um as well as referring back to the 2002 master plan and what was proposed in the master plan in these districts and so we corresponded with both of those things um the master plan really reflects the same numbers that we have the story numbers that we have written in there um for a recommendation all right makes sense to me and besides that there's no other changes from the document that was in your packet um I know that you have seen this multiple times so it says goes over floor area ratio and per perious surface ratio the alternative temporary lodging use standards which requires a development agreement [Music] um and then we also have design standards and guidelines and which states that if you if someone is applying for a plan development resoning um as well as using the alternative temporary lodging use standards they must conform to all of the standards um and guidelines in this section D 113 and then we also have recently um given from the Tampa Bay Regional planning Council which was on the Das as well Andrew was there copies at the back or there's some copies at the back as well so this is a support document just to show what those standards look like it's a little easier to read than just reading through the ordinance um or the the appendix D so it shows the uses accessory uses special exception uses and then each character District those step backs that we talked about um that are listed within the setbacks in the code and then just a visual of what that looks like realistically uh are these tables somehow Incorporated or is this just for reference this is just for reference this Tampa Bay Regional planning Council this isn't this wouldn't be adopted this is just a reference guide okay something that is a little easier to for the public to look through and read and see and visualize I've got a question in terms of adding these open rooftop and balcony issues so is that going to allow it or if they have it they have to go for a special exception so they're already allowed right now they're allowed just by right they don't have to go through any special process this requires a rooftop or say if um not in the traditional Village but in other areas say if they if you look on the screen if a property owner wanted to put a restaurant or something on this like open elevated Terrace area and say you're next to a duplex next to a condo uh you would have to get that special exception right now it's a just a given right so this just allows Property Owners they surrounding to be notified come to the public hearing um and speak if they're in support not in Support also staff as well as a special magistrate would have to review uh 10 criteria one of them being is it does it match the character of the neighborhood does it fit into the neighborhood um so I don't think that we have that list in front of us but we could always pull that up as well well that's okay I mean because that was one of the things I believe in some of the meetings many of the people were concerned about the rooftop and as a good example Cambria you know it's it's it's noisy so so it's now going to be restricted it before you can do that it would have to go to a public hearing to the special magistrate and for clarity though that's if it's accessible by more than one per one unit owner yes right if it's a townhouse or a a condo that has a balcony and the only access to that is through that condo unit it doesn't have to get a special exception but if it's a public you know if more than one person has access to it then it's a special exception use so that goes for condos um that goes for hotels that goes through you know any commercial use as well like the camera yeah okay thank you thank you all right I didn't ask for public comment I wanted her to add our uh changes into it so at this time I will ask for public comment if anyone has any comments on uh item a here this order is 20249 please come on up to the podium state your name and address for the record and you'll have your three minutes Tom Edwards district one resident uh the only concern I have is with the open rooftop activity is um is there a way of putting something in there that there would not be any uh live music or Amplified music uh if it's one of those places that are within maybe 500 ft of a residence as you know sound carries with the wind and everything like that and some consideration should be given to that and I understand that you would have to go before a special magistrate or my suggestion was the city commission if they were asking for an exception but um there something could be written in there that there wouldn't be any Amplified or live band music because it would disturb the neighborhood you you got a 300 foot limit and that's not enough that's all I have perfect thank you anyone else good okay that'll be the end of the public comments then to the Planning Commission any questions for the city and I'll I'll ask m Mr TR or whomever is there a way to address that topic so the no we already have a noise ordinance in effect and we can enforce it through a noise ordinance I'm not sure City staff has had the opportunity to go through the process to determine whether or not it's appropriate in in adding it in these sections um and I would leave that to um to Jenny to explain what what they have done to address that because I'm not aware of that so what we've talked about internally because we we had that comment before is that the noise ordinance the alcohol ordinance um isn't there another one accessory struct accessory accessory structures uh we'll all go to the boc workshop the next BC Workshop to discuss okay um implementing that especially in in this johnp pass Village Activity Center area this if this is adopted or when this is adopted we will have to change other sections in the code to address um the different character districts and make sure that everything is in line so those are the two um the alcohol section in the code as well as the noise will be going to the next p Workshop okay so it would be too cumbersome to put it in this particular area yes um you techn you would usually have um if there's something that has to do with noise you would look at the noise ordinance not necessarily the zoning so that's why we we felt like it's more appropriate to address it in the noise section in the code and the noise ordinance would reference the certain character districts yes we could talk about the zoning districts in the areas so this would all be essentially C1 but then you have the character districts within it yeah so any modifications there would be a prerequisite and then we would then adopt something that points back to that correct or or not at all they would just point to the zoning yeah so it would be something with noise related would be more appropriate within the noise section in the code I get it and so that will be addressed and talked about and that that's on the list for the next VOC Workshop okay all right thank you any other questions you know what comes next all right I'd like to make a motion to approve uh ordinance 202 24-9 appendix d John's Pass Village Activity Center zoning development standards development standards okay thank you so we have a motion to approve ordinance 202 24-9 appendix D johnp pass Village Activity Center development standards do we have a second I just want to make sure before we get to that second that it includes the recommendations that have been provided to you tonight on the de so it's different than the packet so I think the motion should include those additional changes thank you fair enough including the recommended changes presented today thank you okay so the amended motion is to recommend approval of ordinance 202 24-9 appendix D Johns Pass Village Activity Center development standards amended as presented now I need a second I'll second okay so we have a motion and a second any discussions about the motion itself if none we'll call the roll please commissioner laru yes commissioner Mah yes commissioner Dylan yes chairman woff yes thank you on to Item B uh ordinance [Music] to the microphone seeing none City staff you're up okay so this is the second ordinance in our for ordinances with John's Pass Village activity center and implementing it in the Land Development regulations so here we are going to rename the C1 zoning District to John's Pass Village activity center and then refer back to that appendix D that was just recommended approval um and then talking about the development standards are all in appendix D and removing everything else in that zoning District so pretty straightforward okay anyone have any questions for City staff so this is reverting everything back to the ordinance that we just approved yes so all of um essentially C1 zoning District which is now tourist commercial um that would turn into the John's Pass Village Activity Center so if the rezoning goes um goes forward then everything would be rezoned the C1 zoning district and then all the development standards it would refer back to that appendix D what we just saw with the character districts and everything um that was listed in there pexd so the whole area is going to become C1 and then within C1 are going to be the six designations yes okay got it any other questions for the staff all right do I have a motion I make a motion to approve ordinance 2024 d10 C1 referring to appendix d i second it all right we've got a motion in a second anybody have any discussion on the motion seeing none let's call the roll please commissioner Mah yes commissioner Dylan yes commissioner Laro yes chairman woff yes motion passes thank you our next item uh on the agenda is Ordinance 2024-the one this is a quasi judicial matter and I'm going to ask Mr trass to step in thank you Mr chairman just wanted to go over a couple of things based upon the direction of your code so I'm going to give you a summary of the application um ordinance 202 4-11 rezones the entire John's Pass Village Activity Center to C1 John's Pass Village Activity Center zoning District the future land use in the Mader Beach Comprehensive plan as activity center and designated Activity Center within the countywide plan map all three plan maps and plans s regulations the countywide plan madira Beach Comprehensive plan and madira Beach Land Development regulations will be consistent with John P Village Center plan that's our special area plan once ordinance 202 24-11 is adopted the burden of proof um in this matter is set forth in section 2-10 B I just want to read that to you if the Quasi judicial matter is rezoning of land once the city satisfies the burden of proof at the hearing the burden shall shift to the other party to show by a greater weight of the evidence that maintaining the existing zoning class ifications accomplishes a legitimate public purpose in such event the resoning application shall be denied the order presentation tonight will be first by the city and then by any Property Owners um that um are having their properties rezoned um and then we have one affected uh party who has um filed a notice of intent and that is Kathleen bman um is she here yes okay um I need to go ahead and read those quas judicial procedures for you this is a quad judicial proceeding where uh the Planning Commission acts in a quas rather than a legislative capacity at this hearing it is not the board's function to make law but rather to apply law that has already been established in a quasi proceeding the board is required by law to make findings of fact based upon the evidence presented at the hearing and apply those findings the fact of privilege established criteria containing the code of ordinances in order to make a legal decision regarding the application before it the board may only consider evidence at this hearing that the law considers competent substantial and relevant to the issues if the competent substantial and relevant evidence of the hearing demonstrates that the applicant which is the city here has met the criteria established in the code of ordinances then the board is required by law to find or in favor of the applicant by the same token if the competent substantial and relevant evidence theing demonstrates the applicants failed to meet the criteria established in the code of ordinances then the board is required by law to find against the applicant at this point I need to ask any everyone on the board whether or not they have received any experted Communications with anyone about this matter no no any conflicts of interest that anyone needs to disclose no and at this point I need swear on the witnesses anyone that's going to speak on this matter if you could stand up raise your right hand I need to swear you on oath anyone that's going to speak ma'am ma'am are you gonna speak Kathy no okay you swear the testimony you're about to give is going to be the truth the whole truth and nothing but the truth okay thank you so at this point we'd ask City staff to go ahead and make the presentation okay so this is the third ordinance for Johns Pass Village so this is rezoning the Johns Pass Village Activity Center area you can see the current zoning in this map on the screen and so this whole area reposing to rezone to C1 zoning district and just like we talked about earlier the C1 zoning District would then refer to the appendix D that has all the development standards for all the six character districts so although it looks like just one zoning District in that appendix D it really has all those um design development standards for for each character district and that is that is all I have they all kind of work together so so the the heavy lifting has already been done in the uh first first Go Round right yes exactly okay anyone to have any questions for City no okay there's no questions is anyone from the and the affected person does not wish to make a presentation I assume did you not wish to say anything Kathy okay okay anyone else from the public like to speak on this agenda item nope okay then it's back to the Planning Commission for consideration okay anybody have anything they want to discuss about this or any questions for the city we have been through this a bit haven't we all right then I guess we'll be I was going to say the only comment I have it's been a long time coming it has it's been a lot of work they they put a lot of work into this uh along with penel County's uh staff too they a lot lot going on here um all right at that point we'll uh look for a motion well I'll ask Tom is there any specific CICS um I mean you other than do I shall I just read that whole thing my suggestion well first of all you got a staff recommendation if you can read your motion as U being um I move to approve staff recommendation or you could read that recommendation into the motion however you'd prefer that would be what the city would be looking for I make a motion to accept the staff recommendation on ordinance 202 41 rezoning John's Pass Village Activity Center to see1 John's Pass Village activity zoning District correct yes to C1 John's Pass Village Activity Center zoning District thank you thank you so we have a motion to approve and do I need a second second okay we have a motion in a second didn't seem to be a lot of discussion needed so we'll call the roll commissioner Dylan yes commissioner laru yes commissioner Mah yes chairman woff yes all right that was a long time coming thank you for all the hard work on that everyone thank you Mr tras for your guidance uh the next item on the agenda is ordinance [Music] 2024-25 have any public comment on this particular item of business no okay City okay this one is the last ordinance with the John's Pass Village Activity Center area so you can see on this map um this kind of hot pink area is C2 it's a boardwalk District uh so this would no longer be used since everything would be rezoned that C1 zoning District so as you can see in let's see starting on page 69 of your packet it would just be deleting that whole C2 John's Pass Marine commercial Boardwalk area down in John's Pass and then just renaming it as reserved okay so basically just taking an eraser to that one all right any questions motions I got a question I was too busy flipping through my pages where where is C2 let me see if we have a boardwalk it's a boardwalk area just the boardwalk area yeah I can show you this is the best map so it's this hot pink area so along the boardwalk so that would no longer be used since everything in this area would be reson to C1 so we wouldn't we wouldn't need that C2 so it's basically putting it on reserve and then in the future if we ever needed to use it it would be open okay so it's still putting it within the C1 category yes so it would be rezone the previous ordinance rezones that area everything that's C2 it's really C2 is only right here in the whole entire city so we wouldn't we wouldn't need that zoning District anymore since now everything would be zoned C1 basically and that was the considered the boardwalk district one of the six right wasn't it yeah by the first one we've erased the need for this one pretty much okay right yep and the boardwalk area is still within that appendix D it's a little confusing it's a lot of moving things around and all the uh character districts are accounted for in that appendix d uh we just have no need for that zoning District because it's going to be considered the boardwalk District it'll be considered the C1 John's Pass Activity Center Boardwalk District yeah okay got it yeah don't need a motion any any more discussion is there any more discussion on that after our question was asked and answered okay no then we need a motion and I make a motion to approve ordinance 20242 amending C2 to reserve all right we've got a motion to approve ordinance 202 24-12 amending C2 to reserved we have a second second got a second thank you Mr Mah we'll call the role please I'm sorry who would who was second Mr Mah Mar yes sorry thank you thank you um okay commissioner Dylan yes commissioner Mah yes commissioner laru yes chairman woff yes that one pass thank you very much item e on the agenda ordinance 2024 D13 C3 to be consistent with madira Beach I forgot what the T stood for the Town Center for Town Center thank you I I always call the one want to call that Marina District sorry uh with the Mader Beach town center special area plan anybody from the public like to come up and use your three minutes to speak about this particular agenda item please step forward okay City staff please okay thank you so you've seen this before at a discussion I believe last meeting um possibly the meeting for so this is basically uh looking at our different zoning categories that were touched in the Mader Beach town center activity center with any activity center land use at the county it has to have a special area plan we've seen this with John's Pass Village so madir Beach town center is also an activity center and has a corresponding special area plan within that special area plan there are specific specific intensities densities um as well as impervious surface ratios that were never codified into the Land Development regulations so this is really putting them those intensities densities and perious surface ratios into the Land Development regulations and then also noting that the activity center land use with the county um and the plan Redevelopment mixed use locally with a comprehensive plan as here we can scroll down to the ordinance the changes and the definitions purpose and intent so in this section it references the comprehensive plan as well as the countywide plan and those land uses so just putting in those plan Redevelopment mixed use that's what we call the Town Center locally on the comprehensive plan and then stating that that's an activity center with the county County's plan including town houses as a permitted use and then we do have one recommendation that's that would be a change um just to read similar to that ordinance 2024 d09 the appendix D so it's um reads the same way instead of just open rooftop uses for it to read as open rooftop balcony and elevated Terrace use if commercial use or accessible to more than one temporary lodging vacation rental or residential unit so that would be the only change that uh staff would be recommending from what was in the packet other than that um you've seen this at our previous discussion just calling out that plan Redevelopment mixed use and the intensities densities and also in the special area plan it discussed the standards for the height so putting that as well in Land Development regulations and that is all all right anyone have any questions so this is now the Town Center which is where we are and it's going to be doing the same thing kind of as John's Pass activity where we're combining all of the existing zoning areas creating one Madera Beach town center and then we're going to be splitting them up as to what different designations are like at John's Pass so they're all ready zoned you can kind of see this uh this is from the special area plan from the madir beach special area plan um for Town Center so you can see there's different character districts similar to what we've done in John's Pass Village Activity Center these character districts wish I could have this page side by side um but I can't so you can see there's different zoning districts so we we are not rezoning anything in this but you can see um let's see this one is C3 so all this R is that C3 right here and then if you go back up to this map with the character districts which is adopted in like the comprehensive plan you can see that um that C3 zoning District hits a few different character districts so just putting those standards that were in the special area plan writing it into the Land Development regulations um they live the comprehensive plan essentially through the special area plan but just bringing them over into the Land Development regulations so it's everything's consistent so for for example let's say you have a C3 property that's in the um commercial core character district and the madir Beach town center special area plan your height limit would be three stories from base flood elevation so but your property would still be Zone C3 we're just putting the development standards that referen in the special area plan for the zoning District in into our Land Development regulations and our code of ordinances so we're we're not doing any map changes or anything zoning map stays the same in in towns there it's just just referencing the character districts and the existing zoning that's on the ground okay well will this one be the new map then no so this is already adopted this was adopted um I believe in 2009 actually so this this right here that's on the screen um this and then the next page Pages 88 and 89 of your packet those are two pages from from the madir Beach town center special area plan so if you remember we had when we were going through the John's Pass Village Activity Center we had this corresponding document I think it was like 70 Pages there was a special area plan that's what this is but it's for this area in madir beach so this is the um Town Center the madir Beach town center so Madar Beach town center has also has a special area plan these are just two pages from that document um and we showed you the full document last I believe it was last Planning Commission but this is really the specifics of the density floor area ratio impervious surface ratio and the height that was there standards that were written into the special area plan they were never carried over and written to Land Development regulations so we've seen this inconsistency and so now we're bringing it over into our Land Development regulations the zoning yeah they're both governing documents the special area plan was adopted when it was change when this land area was changed to Activity Center back in 2009 I believe um it just wasn't put into the Land Development regulations okay makes sense anyone else this is a little specific but the um commercial core and transition District maximum height we only say stories above base flood was there a reason to leave out a specific height I don't know um I couldn't really speak to that that's just how it's written uh right now we referred to it as height above the design flood elevation um back then they had stories I think in some districts previously there was height and stories and then you saw in our our appendix D we included those stories as well just to be a little bit more specific um but this only has the stories written into the special area plan and like I stated before it it is a governing document this was adopted back in 09 there wasn't amendment in 2014 um but this is a a document that it lives within kind of like the comprehensive plan so it's already adopted so we're not asking to change any of these standards it's just spelling them out yeah yeah okay yeah just so weird inconsistency I guess but yeah from 2009 so yeah yeah and the main thing it would lead to by not pulling it into the Land Development regulations would be like you know six seven years 12 years down the road when you have new people here who don't know the history they would just go to munic code and look at our ldrs and follow that now we're closing the Gap so that it's all in one location you're not having to look at multiple documents makes it easier for for us to staff as well as anybody who's um scrolling through the munic code yeah the amount of overlaying of this location is kind of wild y so we're just trying to make it easier and everything to be consistent so you didn't have to refer back and forth exactly all right any more um and then I just wanted to remind you that we wanted to change that on oh the wrong 39 prin 11 to read open rooftop balcony and elevated Terrace use if commercial use or accessible to more than one temporary lodging vacation rental or residential unit yes thank you Tom we would like that included in the motion as well as um staff recommendation to adopt the ordinance well if we're adding that in couldn't you add in a uh the footage I'm just asking I mean you know if we're we're we're making an addition to it so um to change this document would so we're not asking to change the special area plan we're just changing the Land Development regulations to reflect the standards that are in the special area plan so if you add something different than what's in the special area plan you're going to create an inconsist consy which is just the opposite of what we're trying to accomplish is to narrow it down make sure there was no inconsistencies so if you if you address height by foot how high it' be by foot but at the special area plan does it by stories you create an inconsistency and so we're we're we don't we don't want you to add anything that would create a further inconsistency so the only addition is basically a little bit more of a clarification yes and just reflecting what's what was already adopted years ago yeah the revised the special area plan would require a comprehensive plan Amendment which then would need to be uh reviewed by the county and state and bunch of other agencies so it' be a very long process as we've learned with the John best Vil activity s plan that we adopted earlier in the year so it would be like a similar process to that so so these ordinances just basically take exactly what's been adopted and puts it word for word in in the existing zoning so like to make a motion to uh approve ordinance 2024-the Town Center special area plan including the recommendation staff recommendation to amend section 110- 319 parentheses 11 to State open rooftop balcony and elevated Terrace use if commercial use or accessible to more than one temporary lodging vacation rental or residential unit perfect that worked okay so we have a motion now we need to second I second that all right got a motion in a second want to any questions about the motion everybody clear on what the motion is we'll call the rooll commissioner laru yes commissioner Dylan yes commissioner marah yes chairman wof yes motion carries thank you nice work uh item F ordinance 20244 C4 to be consistent with Mader Beach town center special area plan I see a pattern forming here anyone from the public would like to speak to this particular agenda item please step forward to the podium and use your three minutes as you see fit seeing none City staff please so this looks very similar to what we just saw um staff would be recommending one change which we went over in the C3 so if if you look at page 95 of your packet instead of uh in section 110- 349 the special exception uses changing seven to read open rooftop balcony and elevated Terrace use if commercial use or accessible to more than one temporary lodging vacation rental or residential unit that would be the only change that we would be um recommending all right thank you any other questions for the city looks pretty familiar none you've already got it figured out so you might as well do it again I can do it again well rehearsed um like to make a motion to approve ordinance 202 24-14 uh making C4 to be consistent with Madar Beach town center special area plan and including the staff recommendation to change section 110- 349 parentheses 7 to State open rooftop balcony and elevated Terrace use if commercial use or accessible to more than one temporary lodging vacation rental or residential unit okay we have a well-crafted motion we'll need a second second all right Mr M thank you please call the RO commissioner L yes commissioner marah yes commissioner Dylan yes chairman woff yes motion carries thank you all right the last item of new business is ordinance 2024-the be consistent with the Mader Beach town center special area plan anyone from the public like to speak on this agenda item please step forward and use your three minutes as you need to thank you sir Tom Edwards District 1 just my suggestions again especially with R3 here you're talking about residential area and looking at what you did with the sanderling when you were talking about you could have people that could rent rooms in the sanderling have have something going at West events bring back 75 people for rooftop activity there's nothing in there talks about having Management on staff at the time that they're having rooftop activity and here you here you're creating noise in a primarily residential area where you're going to have the complaint this is one thing that you should look at make an exception on so again the noise is going to be the issue and also the music with Amplified music or live bands and that's what people are going to be doing when they're coming back from West events and partying up on that rooftop and again they need to have Management on top that can be in control and and try to regulate that so you're not having complaints from the neighborhood and I I just don't think that was considered in the past okay thank you anyone else which is the R3 R3 is is along uh the beach side of Gulf Boulevard and along 150th and um there's a little bit right here uh near us at City Hall um the Inland side is mostly either C3 or C4 um I think uh the the sanderling should be C3 retail commercial well I'm just wondering about you know where we're um moving this R3 in the uh Town Center oh um so the properties that are R3 in the Town Center are the condo buildings along 150th and then the condo buildings along the beach it it just references it doesn't reone or change it it's just basically just referencing the development standards from the special area plan and in some cases they're actually more restrictive than what's normally allowed in R3 so in my understanding right now rooftop uses are permitted correct we don't have any rooftop uses are permitted without any going through a special exception use or anything um so this at least puts it under the special exception use category this would be all R3 not just those that are in this Madar Beach um Town Center area which would be this area over here any R3 then it would be all R3 at least takes it a little further step yes and then like we stated I stated earlier the noise ordinance will be going to boc Workshop to discuss specifically open rooftop uses um so talking about that at the workshop and then seeing if there would be any changes to that what that would look like we'll come later okay um and then we would also be asking the same amendments that we discussed previously just so everything would read exactly the same so on page 110 of the packet section 110- 229 would read open rooftop oh 110- 229 and then that subsection 4 would read open rooftop balcony and elevated Terrace use if commercial use or accessible to more than one temporary lodging vacation rental or residential unit okay any other questions well I guess my thing is in terms of like tow houses so a townhouse is a single unit but if you've got a eight-bedroom townhouse and they go up on the roof and and that's where I think Tom's concern is and and truthfully I agree you know in terms of a one unit you know and it it's going down the slippery slope um you know if they've got eight bedrooms and they go up on the top and they're partying and they've just been doing that it's just um I I just think it's kind of a open-ended deal so right now it is an allowed use without going through any any hearings um this allows at least one hearing um through the special magistrate and then reviewing those 10 criteria and we can pull up that criteria no that's right that's what I forgot so by putting it in is a special use then it's going to then further further down the line we can get more stringent on it yes this would be more stringent on on those uses uh if it's if it's open to more than one unit so say if you have a Condo building that has or a small multi family that has like you know four units five units they have one open area that's open air that would have to go through the special exception CU we understand that there are areas deer beach is small everything's tight and next to each other so even in C3 R3 you might be next to a single family residence you might be next to a duplex um it just you know lot by lot can be different so Andrew is pulling up that special exception those stand ards and requirements so that's in section 110-124 B and there's uh one through 10 there and that four reads that the use will be compatible with the joining development and propos character the district where is to be located so right now we got nothing and this is adding that extra layer to be reviewed and this month at the boc workshop will be discussing um because we're revising need going to need to revise alcohol and noise ordinance and and things like that we if we're revising for John's Pass Rel we could revise it for other zoning districts too at the same time and just do a full cleanup of of the code but I mean that's up to the board to kind of give us Direction on that but it um we're definitely starting the G to start the process of going through that and and we can um definitely like clean up certain sections or ref or but we have to do these changes first so we can be able to like work through the other parts of the code later on okay yeah I mean I think I think as long as we're from a zoning perspective I think what we're doing today is fine but just hearing this you know being voiced a couple of times I as long as whenever y'all are when we're kind of done here and then y'all are kind of pulling your own thing together and just how that points back to the zoning code and whatever recommendations are made for that Workshop or who needs to put that in the noise ordinance I mean I just want to say I think it's worthwhile to draft something up and I think we as Planning Commission members have the right to go to the Board of Commissioners meetings and voice that concern that's been expressed to us here right so that they can take it under consideration at their workshop and when they finally vote on it uh on how that ordinance is going to be amended for for noise and use and things like that okay very good I make a motion to approve ordinance 202 24-15 on R3 to be consistent with the Madera Beach town center special activity project special area plan area plan you knew that we knew that okay have a motion we need to pick up that section 110 229 pen 4 also there was a recommendation to change that to open rooftop balcony and elevated terce uses if commercial use or access I'm sorry or accessible to more than one temporary lodging vacation rental or residential unit you're go go for it man okay so I'll restate the motion the motion is to approve ordinance 20241 15 R3 to be consistent with Mader Beach town center special area plan as presented with the amendment to section 110- 229 special exception uses parent for open rooftop uses balconies and Terraces if commercial use are accessible to more than one temporary lodging vacation rental or residential unit elevated Terror elevated Terror thank you let me restate that then to amend 110- 229 special except uses uses to open rooftop Terraces open rooftop uses elevated Terraces and balconies if for commercial use or accessible to more than one temporary lodging vacation rental or residential unit is that your motion Mr Dylan yes that's my motion so now we have the motion thank you do we have a second second okay perfect we're clear on the motion everyone thank you it does get a little bit cumbersome sometimes okay so please call the role commissioner Dylan yes commissioner laru yes commissioner marah yes chairman wof yes carries motion passes thank you um no items of old business that I can tell um any administrative staff presentation I see nothing on the agenda so I'm assuming there's none and then uh section8 here Planning Commission discussion a plan development zoning what have we got okay so I'll open this up um the PD or plan development zoning District in Our Land Development regulations has some inconsistencies um that should be resolved so commiss um Community Development staff has gone through the plan developments section in the code so you can see in your packets starts at page 122 and goes to page 130 so anything that's underlined uh would be adding anything that's strike through would be removing uh and we can go through this uh you'll definitely see this again as a discussion item to get more input from Planning Commission it'll also go to boc for their input as well um before we move forward with any recommendation so say the the biggest changes would be referring to the comprehensive plan how it supposed to be referred to um some of this area is or some of these some of this paragraph is um cut and put into the next section I really in this first section is talking about what is p what is a PD zoning um saying that it has to meet the criteria of the comprehensive plan and the countywide plan and then including the PD zoning is allowed in the following future land use categories of our comprehensive plan so it's pretty straightforward that first section and the next section would be the uses permitted in dimensional regulations talking about the flexibility for setbacks and Heights and we also looked at a few different cities plan development sections in their code um referred to that as well and talking about the comprehensive plan making sure that is compatible with the comprehensive plan and then you can see this is that on page 123 the top of that um is really a cut and paste from what was what's currently in our code and then going through to one section 110- 388 the application um just discussing that it has to go to Planning Commission boc as well as the development agreement process uh think currently there's not much discussion on the development agreement it's required with a PD we as shown here we also added language that um it needs to meet for pel's County countywide rules if it goes does the alternative temporary lodging use standards so we just want to make sure it properly references that because it has additional criteria that would have to be met yes and we have that in in the other sections in the code if you use alternative temporary lodging use standards that it has to follow those rules that that's in the countywide rules and then talking about the narrative and then what's included in the submitt just kind of updating those that process can I just ask you a quick question how different is forward penalises rules compared to what we currently have if you use the alternative temporary lodging use standards those are different standards than um what's Allowed by right you have to have a development agreement to use those standards even if you're not doing a resoning to a PD okay um one of the things is your parking is included in the floor area ratio which is very different but that's what's in the countywide rules so that's what you have to go by uh in the development agreement there's things like if you mean par like elevated parking or ground level parking um it's elevated parking I can't remember exactly how it'ses sense okay um but then oh here it is on the screen can make it a little larger you zoom up perfect so let's see concurrency management standards so here in C um comply with hurricane evacuation plans so all this has to be in the development agreement um shall prepare legally enforceable mandatory evacuation closure Covenant stating that the temporary lodging use will be closed as soon as the uh hurricane watch and then design considerations Mobility management [Music] Provisions let's see to meet here are the maximums with the county and then in Our Land Development regulations we also have the maximums in Land Development regulations as well as our comprehensive plans so this is the maximum with the county that isn't the maximums with us locally in madir beach and here are the design considerations have to be in the development agreement um so building design elevations facade treatments entrance porches all of this joining property use site improvements uh Mobility management and then there's operation operating character characteristics and restrictions so all of this has to be adhered to yeah and another important thing you can't convert it into residential dwelling units right there's a maximum occupancy by the owner yeah right okay seems to make sense yeah so we would imagine that if any PDS that our hotels would probably go this alternative temporary lodging use standard so we just wanted to also include that in there so it's not missed in the future say if there's different staff in however many years that that that's somewhere in this section that hey you still have to meet these um requirements with the county okay and let's see so we went through all the requirements of what would be submitted for the application um just based on what we see now what we would want to see um the site data table showing all open space the floor area um existing and proposed so just making certain things a little bit more descriptive the building height right there did you cross out green space uh because we have open space in our in our uh definition section 82- two um but it it's not specifically green so we have a definition for open space it doesn't spec specify if it's green or not um I think uh retention sites can be is also C under the definition of open space so okay so it's somewhere else yeah so their green is still there it's just just somewhere else and then we have landscape requirements and it it states this I think a little bit later probably on the same page y right here that the landscape standards must be met at a minimum um there's some things that we removed like the lighting design standards typically at this you know and the signage standards you typically wouldn't see that at the PD um typically at the PD stage you wouldn't see some of the level of detail of this stuff so we wanted to just pull it out just so that it was kind of clear and really the plan that we end up seeing is really the nuts and bolts of what's going in there and then once that's approved the designer can feel comfortable moving forward with a full-blown design for all the other stuff thanks Marcy pregnancy brain what one quick thing because I know there's been kind of uh from V various plan Commission board Commissioners even residents about kind of trying to make madira Beach more pedestrian friendly um one thing we did um change let me just see what page page six out of six out of nine under so previously it had a minimum of five foot sidewalk which is way too small um my fot usually does a minimum of six now so but we also had the language that we'd um if there was enough room that we prefer a 10 foot which would be more like a like wide enough like a multi-use path so we wanted to kind of promote that and make sure when when PDS do come in they're putting in good uh a pedestrian infrastructure um to a higher standard because 5 foot is is kind of inadequate so we wanted to fix that and then above that I think most of it's just pretty standard of just how we like the building height how we measure height um making sure that everything is consistent with the comprehensive plan um calling out let me see what page was that let's go back to for calling out in some of these areas you know in the site data table or with your submitt including the standards um if there's any you know design standards of the previous zoning District you know before the PD rezoning so just making sure that all of that's really clear in what we um interpreted how this was supposed to be written uh as well as you know the review with the Planning Commission just making it a little bit more clear and cohesive I think you see that as well with the boc and then including what Andrew just stated um That Sidewalk width instead of five making it six and then um 10t preferred it's really just cleaning up this section making sure everything is clear um and consistent with Comprehensive plan and the rest of the Land Development regulations so the progress would be we would see it and then it would be refined further and then the Board of Commissioners would see it and the Board of Commissioners would be basically almost the final plans uh with the PD yes so currently how say if a PD came in um the Planning Commission would see it as a rezoning similar to what we saw today you would also see a development agreement which is a contract between the city and the developer uh so you'd see two things and then if that was approved well we would get a recommendation that would go to boc for two two readings is typically and then this would more than likely trigger the site plan section in the code so you would see it again after so like with the sanderling when you saw the the site plans you would I would be shocked if you didn't see this again it's something that would be a PD would most likely trigger that site plan right that major site so so it'll be and I'm just trying to think in terms of before it would go to the boc it would be thoroughly vetted you know by us and by the public and all of that yes they would have they have to do a neighborhood meeting they have to now say if something comes in right now the PD we wouldn't be changing that has to be a neighborhood meeting and then it comes the Planning Commission uh you'd also see the development agreement and then it goes to the Board of Commissioners and then when you see the site plan that be later on once they were allowed that rezoning they work on the plans you would see further detail they would have to do another PL um neighborhood meeting and then it would come to Planning Commission for vote and then we would see the building plans after that so it's a long process okay I mean you know but but it's very good that you're getting it lined out completely so here it is folks if you want to do a PD this is a process you have to go through yes and right now there's a few sections that aren't aren't very specific aren't very clear so we're just cleaning cleaning that up and making sure that it references a comprehensive plan correctly thank you it's also the a PD zoning cannot um give you higher standards like more intensity more intensity than the comprehensive plan can so this is just making it clear you can't go over those those standards in the comprehensive plan no matter what so really outlining that whole process all righty any other questions good good we'll be seeing this again all right the next one we're going to have you talked to us about is the flood plan amendments okay Marcy is going to help me with the flood plan amendments so we were contacted with from the Florida Department of Emergency Management fdm um in conjunction with FEMA this is who vets and reviews our local flood plane codes so they contacted us that we needed some changes in our code so this will be when this comes to you for recommendation it'll be three different ordinances so we have the definition section in the code we'll be updating uh chapter 14 which is the technical codes and standards and then chapter 94 which is the flood plane management so basically in section and real quick what what triggers this contact is because the new Florida building code is issued so once that's issued we have to properly incorporate that into our ldrs so that's kind of what initiates this process so in three years we'll go through this again I know we went through this I think last when we had our map changes back in 2020 2021 I believe um so in section [Music] in essence it's just bringing all the definitions from chapter 94 and throwing them in 82 making sure that they're consistent we have some definitions in chapter 882-2909 it's all the same we don't have any inconsistencies CU right now there's a few inconsistencies I feel like I'm on repeat so we're just cleaning that up we're we're keeping the adult bookstores there's several definitions that we've come across that we thought we probably could get rid of but yeah exactly sure when that was put in but there's there's quite a few if you look through it so it's very depth and specific on some very interesting things for sure have we seen any major changes to the community rating system since uh we are still waiting for risk rating 2.0 came out we're still waiting for our um our rate back we that was about like a yearo As I understood it that got kind of no pun intended got watered down a bit um the community rating system did with the risk rating 2.0 because of the new mapping features that are going lot by lot instead of laying a blanket over an entire um flood plane area yeah with with your insurance rates definitely so do the community rating system really have any uh do it still have any strength to it you could get a discount um I think there's other areas that you could get higher discounts Marcy might be able to and this has been a big topic for discussion I know Lisa Foster at the county level's um really been um kind of kind of you know spearheading a lot of information and trying to kind of tackle risk rating 2.0 with the FEMA officials and how it's being leveraged what we're finding is there's other ways you can get discounts on your flood insurance and you will get whichever one is the highest and you'll get only that one so sometimes you won't see the CRS discount because there's another discount and I don't know what those are but there's another discount that outweighs what you would get because we're you know a seven or a six or whatever the community is that makes sense so the individual site could have its own mitigating factors that would warrant a higher discount than the community rating system would give that is my understanding correct and I I will say that I am trying to dive a lot deeper into it um because I'm a little curious about the the ins and outs of the the insurance part of it okay and the county does have Representatives that will help uh property owners for free if you call I just hate to hamstring our residents with trying to inform and Community rating standards that don't really do them any good right yeah and the higher regulatory standards as well that we have in um chapter 14 too so what I was saying previously is so every five years we have our um not the annual but the um review basically of our CRS and we submitted ours last it's been about a year actually um but we're still waiting to receive um our points from that so we'll see when that comes back yeah and I I do think you're touching on something that Coastal communities are going to be struggling with is where where is that line of you know trying to get as much CRS points because we do we are limited you know as Barrier Island so you're hitting on the topic that's very much at the Forefront of our conversations as well yeah also the new CR well not so new anymore the CRS manual um that was published in 2017 makes it a lot harder for Barrier Islands to get points yeah yeah I understand that and then when risk rating 2.0 came out it changed everything as well and sometimes those two don't meet and they're a little bit desparate it's definitely making it harder for Barrier Island communities so um uh you educated me though thank you about that that you could get one or the other so that's good to know so we should you know try to maintain consistency with what FEMA is requiring because I know penel County and of course us being a Barrier Island even more you know we get hit harder with the ability to get those discounts because we get smacked around um but if we if we can't maintain any of those discount levels um you could run into a situation where you can't actually get flood insurance and that would really have a bad effect on our our property values and you overall quality of life around here velis county is I believe a three yeah um so and we are a seven so one is the best and yeah yeah we're we're on the wrong side of the spectrum right right but saying that penel county has a lot of areas that don't touch the water they have a lot of parks they have a lot of areas that they can receive um a lot of points where we just don't have the land area for that just looking through that manual so it doesn't work in our favor definitely so the yellow are all the ones that are either going to be changed or uh eliminated yes so anything that has a strike through that's removing and then underline will be the new and we received this straight from um fdm FEMA yeah so we're still going through it as well so okay so but then we'll see this again yes you'll see this again so this is just putting putting it on your radar start to look at it um yeah so we can other words we can take this home and decipher it and then we'll be seeing it again to yes you'll be seeing it again definitely and like I stated before it'll be three different ordinances so you'll have the definition section which is pretty lengthy um I can get past it my goodness so am I reading this right they're changing the categories too from from a a e and V to different me the different naming convention no where are you oh I'm Coastal High harzard you know the CH chha is that you got Coastal a in the definitions when the new mats came out they defined Coastal a communi so I don't know if this is this is the first time that we're getting it into our code is that for the coastal High Hazard area or it shouldn't be changing um we're they've added so some of the areas even if you're in an ae1 you that a11 may fall into a coastal a Zone which is treated like a velocity zone so I'm not sure if we're just better describing that like for instance mol a Bay Point falls into the coastal a Zone and is treated like a velocity Zone I don't of any changes to the actual map I think it's just um further defining okay yeah definitions oh I see where they have see page page 138 of the packet yes I think they've done it to include all right so we need we need to read this learn it love it and we'll see it again okay any more on that just one quick thing too as you guys Digest this and I know that there's a lot of talk around what ti is doing for you know elevating the houses and the roads and stuff just bear in mind that the difference between the use of structural fill and non-structural fill because our community is entirely on deep foundations so none of our houses rely none of our newer homes rely on fill to support their building it may support their parking slab but it can go away and their building stays in place so just as you digest it make sure that you differentiate between structural and not structural that seems to be one of the bigger confusions I'm running into with talking to people so okay all right that good for that one we have uh just one last H quick item just wanted to remind people that were're in the process of updating our master plan and if you scan the QR code or go to our City website we have a survey available just and also a public comment map and as you can see people have already added comments to it so we would encourage everybody to do that and pass along the news um to fill out both the survey as well as the map and that's found on our website and then we have some other documents of the previous master plan and the workshop and some handouts um here you can see the it's kind of embedded I don't know why it's like that it's embedded in in the website this is the survey it's pretty quick to fill out we've been getting some good responses and then also filling out this public comment map and that'll be essential for when uh kimley Horn's putting together the master plan we also um City staff and kimly Horn attended uh final final Fridays down in John's Pass um and we we got a lot of good good feedback from from both residents and visitors um also had a nice poster board a lot of families were there and a lot of people were just excited about it so it's it was good getting feedback and kind of hearing how people feel about the city and want want to see how where it goes in the future so just spread the news the more feedback the better you bet all right anybody got any else about that want to hit you want to hit the next item the master plan which you just alluded to that's it that's all we had for the master plan that's all that we had for for the master plan perfect well that was just spread the news and fill out the surveys and the and the maps um and we'll definitely let you know when the next public Workshop will be we don't have a date yet okay uh we don't have on here any Planning Commission discussion other in addition to that or we do have it is there anything in addition you guys wanted to bring up or bring to the city's attention no all right quiet group tonight good I like it so that means our next meeting is scheduled for September 9 at 6: PM right here um I didn't see anything else that we needed to hand out so we'll uh call this meeting adjourned thank you everyone