Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 11, 2024 6:00 P.M. T he Ci ty of Madeira Beach Board or Comm issioners held a regular meeting at 6 :00 p.m. o n September 11 , 2024 in the Patricia Shontz Comm ission Chambers at City Ha ll , located at 300 M unic ipa l D rive, Madeira Beach. Florida. MEMBERS PRESENT: Anne-Marie Brooks, Mayor Dav id Tagliarini, Vice Mayo r/Comm issioner District I Ray Kerr, Commissioner Distri ct 2 Eddie McGeehen, Commissioner District 3 l loush Ghovaee, Comm issio ner District 4 MEMBERS ABSENT: CHARTER OFFICERS PRESENT: Robin Gomez, City Manager C lara VanB largan. City C lerk A ndrew Laflin, F inance Director/C ity Treasurer Thomas Trask, City Attorney l. CALL TO ORDER Mayor Brooks called the meeting to order at 6:00 p.m. 2. INVOCATION AND PL EDGE OF ALLEGIANCE City Attorney Tom Trask gave the Invocation and led the Pledge or Allegiance. 3. ROLL CALL City C lerk C lara VanB largan cal led the rol l. All were present. 4. APPROVAL OF THE AGENDA Commi ssioner Kerr motioned to approve the agenda as written. Vice Mayor Tagl iarin i seconded the mo tion. ROLL CALL: Comm ission Kerr "Y ES " Vice Mayor Tagliarini "YES" September 11, 2024, BOC Reg ular Meeting Page 1 of 20  Commissioner McGee hen "YES" Commissioner Ghovaee "YES" Mayor Brooks "YES" The motion carried 5-0. 5. PROCLAMATIONS 6. PRESENTATIONS (limited to 10 minutes each) 7. PUBLIC COMMENT Tom Edwards, District 1, said he saw on the agenda that they were trying to get Duke Energy to talk about the Gulf Blvd. undergrounding project. During the last hurricane, he and his wife noticed many homes with power outages in Madeira Beach compared to Treasure Island, St. Pete Beach, and Redington Beach. It would be very helpful to get someone from Duke Energy to come and talk about where they are with the undergrounding project since it has been a couple of years since they started the process. 8. APPROVAL OF MINUTES A. 2024-08-14, BOC Regular Meeting Minutes B. 2024-08-28, BOC Budget Workshop Meeting Minutes C. 2024-08-28, BOC Regular Workshop Meeting Minutes Commissioner Kerr said the minutes looked good to him except for one change to be made. On Page 32 of the packet and Page 3 of 12 of the regular meeting minutes, in the first paragraph, eighth line, it states, "He does not know why they should be impacted by the property insurance escalating ...... " The word insurance should be property taxes. Commissioner Kerr motioned to approve the minutes as written with the one correction to be made, changing the word insurance to taxes. Commissioner Ghovaee seconded the motion. ROLL CALL: Commissioner Kerr "YES" Commissioner Ghovaee "YES" Commissioner McGeehen "YES" Vice Mayor Tagliarini "YES" Mayor Brooks "YES" The motion carried 5-0. 9. CONSENT AGENDA There were no Consent Agenda items. September 11, 2024, BOC Regular Meeting Page 2 of20 10. PUBLIC HEARINGS A. Ordinance 2024-09: Appendix D John's Pass Village Activity Center Development Standards - 2 nd Reading & Public Hearing City Attorney Trask read Ordinance 2024-09 by title only. ORDINANCE 2024-09 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO ADOPT APPENDIX D TO ESTABLISH THE JOHN'S PASS VILLAGE ACTIVITY CENTER DEVELOPMENT STANDARDS; PROVIDING THAT SAID STANDARDS SHALL REGULATE DEVELOPMENT IN THE JOHN'S PASS VILLAGE DISTRICT; PROVIDING FOR PERMITTED, ACCESSORY AND SPECIAL EXCEPTION USES; PROVIDING FOR BUILDING SITE AREA REQUIREMENTS; PROVIDING FOR SETBACK REQUIREMENTS; PROVIDING FOR RESIDENTIAL, VACATION RENTAL AND TEMPORARY LODGING USE DENSITY; PROVIDING FOR MAXIMUM BUILDING HEIGHT; PROVIDING FOR MAXIMUM FLOOR AREA RATIO; PROVIDING FOR IMPERVIOUS SURFACE RATIO; PROVIDING FOR ALTERNATIVE TEMPORARY LODGING USE STANDARDS; PROVIDING FOR DESIGN STANDARDS AND GUIDELINES; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said there had been a change in the ordinance, which is reflected in the staffing memo and green color in the ordinance. Marci Forbes, Community Development Engineer, reviewed the item and said the two changes in green were verbiage changes. Mayor Brooks opened to public comment. Joanne Klaben, Gulf Lane, said at the meeting she attended, they discussed 36 feet. A picture of a building 36 feet to the eave, two stories above the parking underneath, was shown. She was I 00% sure no one said 54 feet to the eave. That would add two more stories to any building there. They heard 36 feet, and she would like them to consider that. Jack Kline, Gulf Lane, said he remembered when Madeira Beach was a small fishing town. They recognize that progress must go on and revenue generated, but not at the expense of what they are trying to keep and create within Madeira Beach. It is still a small town with buildings that exceed 50 feet at John's Pass. He does not understand the need to do that. If they agree on 36 feet, and that September 11, 2024, BOC Regular Meeting Page 3 of20 is what goes down, they should stand by that to maintain the type of atmosphere within Madeira Beach that they need. He asked them to reconsider the higher heights, especially at John's Pass. Jeff Beggins, 429 Boca Ciega Avenue, said he was also at all meetings concerning John's Pass Village. It was never 36, and it was talked about as being consistent. The parking garage is higher than the 55 feet in the ordinance, so it is lower than what is already in the commercial core district with the parking garage there. The Planning Commission voted on it, and the Board of Commissioners passed it on first reading. It seems like they are getting confused about verbiage. Tom Edwards, District I resident, said John's Pass Village is a local tourist attraction, and people do not want to see tall buildings in the Village area. He was at two of the charrette meetings where they talked about height. One diagram showed from ground to the top of a chimney, 65 feet, and there is no chimney there. The information given at meetings should be accurate. It is a significant variation because there is no chimney there. They were talking about from the ground to the roofs pitch; 55 feet was the top. He asked that they consider going ahead and changing it since they were given the incorrect information by mistake. Steve Koc hick, non-resident, said he had just come from the 911 Memorial. Channel 10 News had been filming there most of the day, and it was emotional. He thanked the Mayor, Commissioners, City Manager, employees, and the Madeira Beach Fire Department for their presence. They should be very proud of what they have there. Bill Karns, 400 I 50th Avenue, said he, too, has been at every meeting regarding the Activity Center, heights, and FAR. There are different districts in the Activity Center, one of which is the commercial core. John's Pass parking garage is in the commercial core and is taller than what is being proposed at 55. They have kicked the can down the road, and his involvement has been going on for almost three years. He asked for the Board's approval. Ms. Forbes said the actual measurements she had been able to take to the uppermost point were 64 feet and 2 inches, and above DFE was 54 feet and 2 inches. The height from grade to the top of the parking garage slab is 49 feet 8 inches and 39 feet 8 inches from the DFE. When the required setbacks and the step-backs are added, they can control the mass and how it flows within the village. Commissioner Kerr reviewed the handouts he provided. When the variance for the garage was granted, measurements were to the roof eave and not to the highest point of the building. They used base flood elevation. not design flood elevation, making a 4-foot difference. They were granted a 40-foot eave height. Measuring from the design flood elevation, it is 36 ft. eave height. That is what is there now. He thought the 55 feet to the eave height written in the ordinance was an error. The tallest eave height in the commercial core is 36 feet at the parking garage. Commissioner Kerr said he would change Section D-108, 2a. from 34 feet to 34-36 feet. He would strike 2b. and 2c. He asked if the garage could be built with those changes. Ms. Forbes said the garage could be replicated with 40 feet to the top of the garage slab and another 4 feet to the eave. He said he could live with it being 40 feet. September 11, 2024, BOC Regular Meeting Page 4 of20 Commissioner Ghovaee said measuring height from DFE has come about for insurance purposes, and he thought the 4 feet of height should automatically be given. There are a lot of controlling factors that establish the mass of a building. The biggest controlling factors are FAR and units per acre. If they allow a little more height, the developers would have more flexibility to narrow up the building and have more visual effects at the ground level. He has a problem with measuring to the eave height; he would rather go to the top of the roof if it is flat or mid-point if it is a hip roof. Commission McGeehen asked how many of the six character districts allow buildings to be 55 feet high. Andrew Morris, Long Range Planner, said there are two: John's Pass Resort and the commercial core. Commissioner McGeehen did not see 55-foot tall buildings as having a big impact on visitors to the commercial core. They had the blessing of the Planning Commission and Forward Pinellas. The vote at the first reading of the ordinance was five to zero, and staff recommended it. He wanted to stay with his initial vote. Vice Mayor Tagliarini said he was confused about why they were not allowing more height. Ms. Forbes said the buildable usable area is maxed at 55 feet, but an elevator shaft or parapet could go up 20 more feet. Because it would be a controlled build, it would not feel like 55 feet. Mr. Morris said in the ordinance as written, the step-backs for all floors above the second story would be required to reduce bulk and keep within the character of John's Pass. Mayor Brooks said the idea of height was not to allow a big, tall building because they still must adhere to the floor area ratio. If a building were to be built in the commercial core now. the FAR would include parking. Height matters, but the design elements are what is going to matter. The staff made a recommendation, and the Planning Commission exhaustively went through it. The changes should have been made at the workshops, not when they voted on it. She did not think a few feet would make a difference in the visual or architectural changes in the Commercial District. Commissioner Kerr said they will override what the public approved if they approve it. Mayor Brooks disagreed. What Commissioner Kerr is wanting would encourage planned development. Commissioner Kerr said the 36 feet to eave is the maximum of what the public stated they would approve. The eave height of 55 feet on any existing building was not represented at any public meeting. Commissioner McGeehen said Commission Kerr was generalizing the public's opinion. He was at the workshops and remembers 55 feet and 34 feet being a toss-up at his table. His friends who own businesses in John's Pass are not concerned about 55 feet. He wanted to move forward with it. Commissioner McGeehen motioned to adopt Ordinance 2024-09: Appendix D John's Pass Village Activity Center Development Standards after second reading and public hearing. Commissioner Ghovaee seconded the motion. ROLL CALL: Commissioner McGeehen "YES" Commissioner Ghovaee "YES" September 11, 2024, BOC Regular Meeting Page 5 of20  Vice Mayor Tagliarini "NO" Commissioner Kerr "NO" Mayor Brooks "YES" The motion carried 3-2. B. Ordinance 2024-10: C-1 refer to Appendix D - 2nd Reading & Public Hearing City Attorney Tom Trask read Ordinance 2024-10 by title only. ORDINANCE 2024-10 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE V. DISTRICTS, DIVISION 5. C-1, TOURIST COMMERCIAL OF THE CITY'S LAND DEVELOPMENT CODE TO RENAME IT AS C-1 JOHN'S PASS VILLAGE ACTIVITY CENTER; PROVIDING FURTHER INFORMATION ON PURPOSE AND INTENT OF THE JOHN'S PASS VILLAGE ACTIVITY CENTER DISTRICT; REPLACING THE DEVELOPMENT STANDARDS SET FORTH IN SECTIONS 110-257 THROUGH 110-265 WITH THE DEVELOPMENT STANDARDS SET FORTH IN APPENDIX D (JOHN'S PASS VILLAGE ACTIVITY CENTER DEVELOPMENT STANDARDS); PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said there had been no changes since the first reading. Mayor Brooks opened to public comment. There were no public comments. Ms. Forbes explained the purpose of the proposed ordinance. Vice Mayor Tagliarini motioned to adopt Ordinance 2024-10: C-1 refer to Appendix D after second reading and public hearing. Commissioner McGeehen seconded the motion. ROLL CALL: Vice Mayor Tagliarini "YES" Commissioner McGeehen "YES" Commissioner Kerr "YES" Commissioner Ghovaee "YES" Mayor Brooks "YES" The motion carried 5-0. C. Ordinance 2024-11: Rezone John's Pass Village Activity Center area to C-1, John's Pass Village Activity Center Zoning District - 2 nd Reading & Public Hearing September 11, 2024, BOC Regular Meeting Page 6 of20 City Attorney Tom Trask read Ordinance 2024-11 by title only. ORDINANCE 2024-11 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING REAL PROPERTY FROM C-1 JOHN'S PASS VILLAGE ACTIVITY CENTER, C-2 JOHN'S PASS MARINE COMMERCIAL, C-3 RETAIL COMMERCIAL, C-4 MARINE COMMERCIAL, PD PLANNED DEVELOPMENT, AND R-3 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL ZONING DISTRICTS TO C-1 JOHN'S PASS VILLAGE ACTIVITY CENTER FOR THE AREA AS SET FORTH IN THE ACCOMPANYING LEGAL DESCRIPTION AND PARCEL IDENTIFICATION NUMBERS LISTED IN EXHIBIT A A TTACHED HERETO AND HEREBY MADE A PART OF THIS ORDINANCE; PROVIDING FOR FUTURE REVITALIZATION AND DEVELOPMENT WITHIN THE ACTIVITY CENTER CATEGORY TO BE CONSISTENT WITH AND PURSUANT TO THE PROCEDURES, GUIDELINES AND STANDARDS OF THE JOHN'S PASS VILLAGE ACTIVITY CENTER PLAN AS ADOPTED BY ORDINANCE 2023-01; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. The City Attorney said there had been no changes since the first reading. Mayor Brooks opened to public comment. There were no public comments. Andrew Morris, Community Development Long Range Planner. explained the purpose of the proposed ordinance. Vice Mayor Tagliarini motioned to adopt Ordinance 2024-11: Rezone John's Pass Village Activity Center area to C-1 John's Pass Village Activity Center Zoning District after second reading and public hearing. Commissioner Kerr seconded the motion. ROLL CALL: Vice Mayor Tagliarini "YES" Commissioner Kerr "YES" Commissioner Ghovaee "YES" Commissioner McGeehen "YES" Mayor Brooks "YES" The motion carried 5-0. D. Ordinance 2024-12: Amending C-2 to reserve - 2 nd Reading & Public Hearing City Attorney Tom Trask read Ordinance 2024-12 by title only. September 11, 2024, BOC Regular Meeting Page 7 of20  ORDINANCE 2024-12 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, DELETING DIVISION 6. JOHN'S PASS MARINE COMMERCIAL, SECTIONS 110-286 THROUGH 110-295 OF CHAPTER 110 ZONING, ARTICLE V. DISTRICTS OF THE CITY'S LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said there had been no changes since the first reading. Mayor Brooks opened to public comment. Chuck Dillon, 529 Lillian Drive, asked for the effective date of the ordinances. The City Attorney said the ordinances become effective upon adoption, today if approved. Mr. Morris explained the purpose of the proposed ordinance. Commissioner Ghovaee asked about the definition of reserve. The City Attorney explained that it removes the code language because it is no longer needed. The code number will be available if needed in the future. Commissioner Ghovaee motioned to adopt Ordinance 2024-12: Amending C-2 to reserve after second reading and public hearing. Commissioner Kerr seconded the motion. ROLL CALL: Commissioner Ghovaee "YES" Commissioner Kerr "YES" Vice Mayor Tagliarini "YES" Commissioner McGeehen "YES" Mayor Brooks "YES" The motion carried 5-0. E. Ordinance 2024-13: C-3 to be consistent with MBTC SAP - 2 nd Reading & Public Hearing City Attorney Tom Trask read Ordinance 2024-13 by title only. ORDINANCE 2024-13 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE V. DISTRICTS, DIVISION 7. C-3, RETAIL COMMERCIAL, OF THE CITY'S LAND September 11, 2024, BOC Regular Meeting Page 8 of20  DEVELOPMENT CODE PROVIDING FURTHER INFORMATION ON DEFINITION; PURPOSE AND INTENT; ALLOWING TOWNHOUSES AS AN ALLOWED USE; INCLUDING OPEN ROOFTOP USES AS A SPECIAL EXCEPTION USE; INCLUDING DEVELOPMENT STANDARDS THAT REFERENCES DENSITY AND INTENSITY, HEIGHT, FLOOR AREA RATIO, AND IMPERVIOUS SURFACE RATIO REGULATIONS IN THE COMMERCIAL CORE AND TRANSITIONAL CHARACTER DISTRICTS FROM T H E MADEIRA BEACH TOWN CENTER SPECIAL AREA PLAN; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said there had been no changes since the first reading. Mayor Brooks opened to public comment. There were no public comments. Mr. Morris explained the purpose of the proposed ordinance. Commissioner Ghovaee asked if the rooftops would be allowed to serve alcoholic beverages. Mr. Morris said it would have to be done in a public area and approved by the Board. The rooftop itself would be voted on at a special magistrate meeting. Vice Mayor Tagliarini motioned to adopt Ordinance 2024-13: C-3 to be consistent with MBTC SAP after second reading and public hearing. Commissioner Ghovaee seconded the motion. ROLL CALL: Vice Mayor Tagliarini "YES" Commissioner Ghovaee "YES" Commissioner McGeehen "YES" Commissioner Kerr "YES" Mayor Brooks "YES" The motion carried 5-0. F. Ordinance 2024-14: C-4 to be consistent with MBTC SAP - 2 nd Reading & Public Hearing City Attorney Tom Trask read Ordinance 2024-14 by title only. ORDINANCE 2024-14 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE V. DISTRICTS, DIVISION 8. C-4, MARINE COMMERCIAL, OF THE CITY'S LAND DEVELOPMENT CODE PROVIDING FURTHER INFORMATION ON September 11, 2024, BOC Regular Meeting Page 9 of20  DEFINITION; PURPOSE AND INTENT; ALLOWING TOWNHOUSES AS AN ALLOWED USE; INCLUDING OPEN ROOFTOP USES AS A SPECIAL EXCEPTION USE; INCLUDING DEVELOPMENT STANDARDS THAT REFERENCES DENSITY AND INTENSITY, HEIGHT, FLOOR AREA RATIO, AND IMPERVIOUS SURFACE RATIO REGULATIONS IN THE CAUSEWAY CHARACTER DISTRICT FROM THE MADEIRA BEACH TOWN CENTER SPECIAL AREA PLAN; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said there had been no changes since the first reading. Mayor Brooks opened to public comment. There were no public comments. Mr. Morris explained the purpose of the proposed ordinance. Commissioner McGeehen motioned to adopt Ordinance 2024-14: C-4 to be consistent with MBTC SAP after second reading and public hearing. Vice Mayor Tagliarini seconded the motion. ROLL CALL: Commissioner McGeehen "YES" Vice Mayor Tagliarini "YES" Commissioner Kerr "YES" Commissioner Ghovaee "YES" Mayor Brooks "YES" The motion carried 5-0. G. Ordinance 2024-15: R-3 to be consistent with MBTC SAP - 2 nd Reading & Public Hearing City Attorney Tom Trask read Ordinance 2024-15 by title only. ORDINANCE 2024-15 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE V. DISTRICTS, DIVISION 4. R-3, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL, OF THE CITY'S LAND DEVELOPMENT CODE PROVIDING FURTHER INFORMATION ON DEFINITION; PURPOSE AND INTENT; ALLOWING TOWNHOUSES AS AN ALLOWED USE; INCLUDING OPEN ROOFTOP USES AS A SPECIAL EXCEPTION USE; INCLUDING DEVELOPMENT STANDARDS THAT REFERENCES DENSITY AND INTENSITY, HEIGHT, FLOOR AREA RATIO, AND IMPERVIOUS Sl!RFACE RATIO REGULATIONS IN THE BEACHFRONT, CAUSEWAY, September 11, 2024, BOC Regular Meeting Page 10 of20  AND PENINSULA CHARACTER DISTRICTS FROM THE MADEIRA BEACH TOWN CENTER SPECIAL AREA PLAN; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said there had been no changes since the first reading. Mayor Brooks opened to public comment. There were no public comments. Mr. Morris explained the purpose of the proposed ordinance. Commissioner Ghovaee motioned to adopt Ordinance 2024-15: R3 to be consistent with MBTC SAP after second reading and public hearing. Commissioner Kerr seconded the motion. ROLL CALL: Commissioner Ghovaee "YES" Commissioner Kerr "YES" Vice Mayor Tagliarini "YES" Commissioner McGeehen "YES" Mayor Brooks "YES" The motion carried 5-0. H. Ordinance 2024-16: Fees & Collection Procedures Manual FY 2024 Update #2 - 2nd Reading & Public Hearing City Attorney Tom Trask read Ordinance 2024-16 by title only. ORDINANCE 2024-16 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, ADOPTING THE FEES AND COLLECTIONS PROCEDURE MANUAL; REPEALING ORDINANCE 2024-05; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said there had been no changes since the first reading. Mayor Brooks opened to public comment. There were no public comments. Finance Director Consultant Andrew Laflin explained the purpose of the proposed ordinance. Commissioner McGeehen asked about the $100 annual short-term rental inspection. Mr. Laflin said any changes to that fee would require an amendment to the Fees and Collections Manual by ordinance, which requires two readings. September 11, 2024, BOC Regular Meeting Page 11 of20 Commissioner Kerr motioned to adopt Ordinance 2024-16: Fees & Collection Procedures Manual FY 2024 Update #2 after second reading and public hearing. Commissioner Ghovaee seconded the motion. ROLL CALL: •Commissioner Kerr "YES" Commissioner Ghovaee "YES" Commissioner McGcehen "YES" Vice Mayor Tagliarini "YES" Mayor Brooks "YES" The motion carried 5-0. I. Ordinance 2024-17: Business Tax Receipt (BTR) fee update - 2 nd Reading & Public Hearing City Attorney Tom Trask read Ordinance 2024-17 by title only. ORDINANCE 2024-17 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 62 TAXATION, ARTICLE II LOCAL BUSINESS TAX, SECTION 62-60 LOCAL BUSINESS TAX SCHEDULE OF THE CITY'S CODE OF ORDINANCES TO INCREASE THE LEVY OF THE LOCAL BUSINESS TAX FEES BY FIVE PERCENT; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said there had been no changes since the first reading. Mayor Brooks opened to public comment. There were no public comments. The City Manager explained the purpose of the proposed ordinance. He said the last increase occurred in 2014. Vice Mayor Tagliarini motioned to adopt Ordinance 2024-17: Business Tax Receipt (BTR) fee update after second reading and public hearing. Commissioner McGeehen seconded the motion. ROLL CALL: Vice Mayor Tagliarini "YES" Commissioner McGeehen "YES" Commissioner Kerr "YES" Commissioner Ghovaee "YES" September 11, 2024. BOC Regular Meeting Page 12 of20  Mayor Brooks "YES" The motion carried 5-0. 11. UNFINISHED BUSINESS A. Flood Insurance Update/Homestead Issue - Letter to State Commissioner Kerr asked if anyone had any objections. Ifthere are no objections, the letter would be mailed if not mailed already. It needs Board approval. He said Ms. Forbes and Mr. Trask gave him input, which were minor modifications, just wordsmithing. Mayor Brooks opened to public comment. There were no public comments. The Board said Commissioner Kerr did a great job on it. Commissioner McGeehen motioned to approve the Flood Insurance/Homestead Issue Letter to the State. Commissioner Kerr seconded the motion. ROLL CALL: Commissioner McGeehen "YES" Commissioner Kerr "YES" Vice Mayor Tagliarini "YES" Commissioner Ghovaee "YES" Mayor Brooks "YES" The motion carried 5-0. 12. CONTRACTS/AGREEMENTS A. Approve FY 2025 PCSO Law Enforcement Services Contract The City Manager said it was the annual agreement with the Pinellas County Sheriffs Office to provide law enforcement services. A list of services they provide is in the agreement, which includes patrol, code enforcement, community policing, school crossing guards, and any other service the City may need. The significant change is the increased rates due to increased personnel service costs and equipment costs. It would be about a 7% increase for all listed services from the current year. He mentioned at the workshop that they would be looking at how they deploy their community policing to be able to alter the schedule to be able to have some additional visibility on the sand, particularly during the peak times of the year, so that they are enforcing the ordinances a bit more out on their sands such as trash, no dogs on the sand, not having glass on the sand, and grilling open fires. Captain Leiner with the Sheriffs Office said they enjoy their relationship with the City and its residents. September 11, 2024, BOC Regular Meeting Page 13 of20 Mayor Brooks opened to public comment. A lady who did not provide her name said their Sheriffs office is exemplary. She has seen them in motion when there has been a drowning, and you could not ask for finer people than they have with the Sheriffs Otlice. Vice Mayor Tagliarini said he has lived in Madeira Beach for 27 years and only had positive interactions with the Sheriff who has been around protecting them. The most important thing is to enforce the ordinance on the beach. He asked what part would address dogs, glass, violence, or whatever on the beach. Captain Leiner said it was just general patrol stuff, which is included in the community policing and the patrol deputy, which he explained. Vice Mayor Tagliarini said dogs on the beach are a growing problem around sunset, which he and his neighbors have noticed. The city manager said that many nights, he had seen deputies driving up and down before sunset and observed them tell dozens of people that they could not have their dogs on the beach. That is why they want to work on the scheduling so he could have one of their two community policing deputies out there while patrolling to develop better relationships with the residents there. Their response has been extremely quick and professional in resolving issues. They monitor it daily, and they have installed cameras in some areas, which are helpful. Captain Leiner said the Sheritl's Office is a full-service provider, so his job is to address any concerns about anything the City may have to solve that problem. Commissioner Ghovaee commented that the Sheriffs Office provides first-class service to the City. Commissioner McGeehen said he has been a Madeira Beach resident since 2005. Over the years, their community's safety has gone to an amazing level. There is less crime. You cannot put a price on safety. They are doing an amazing job. Mayor Brooks thanked Captain Leiner for coming to the meeting. Vice Mayor Tagliarini motioned to approve FY 2025 PCSO Law Enforcement Services Contract. Commissioner Kerr seconded the motion. ROLL CALL: Vice Mayor Tagliarini "YES" Commissioner Kerr "YES" Commissioner McGeehen "YES" Commissioner Ghovaee "YES" Mayor Brooks "YES" The motion carried 5-0. September 11, 2024, BOC Regular Meeting Page 14 of20  B. Gulf Beaches Public Library Service Contract - October I, 2024 through September 30,2025 The City Manager reviewed the item and explained the purpose of the annual services agreement. The City will provide the funding detailed in the Gulf Beaches Library budget the Board approved a couple of months ago. Mayor Brooks opened to public comment. There were no public comments. Commissioner Kerr motioned to approve the Gulf Beaches Public Library Service Contract - from October 1, 2024 through September 30, 2025. Commissioner McGeehen seconded the motion. ROLL CALL: Commissioner Kerr "YES" Commissioner McGeehen "YES" Commissioner Ghovaee "YES" Vice Mayor Tagliarini "YES" Mayor Brooks "YES" The motion carried 5-0. C. 1TB #24-07 Awning Over Parking Pad/Storage at the Fire Station Fire Chief Clint Belk said the item was presented at the last workshop. The contractor selected to install the awning is Muratte Construction Co. He responded to questions and comments from the Board. Mayor Brooks opened to public comment. There were no public com men ts. Commissioner Kerr motioned to approve 1TB #24-07, Awning over the parking pad/storage at the Fire Station. Commissioner McGeehen seconded the motion. ROLL CALL: Commissioner Kerr "YES" Commissioner McGeehen "YES" Commissioner Ghovaee "YES" Vice Mayor Tagliarini "YES" Mayor Brooks "YES" The motion carried 5-0. D. Approval of 2024 Emergency Medical Services ALS First Responder Agreement and FY 25 ALSFR Budget September 11, 2024, BOC Regular Meeting Page 15 of20 Fire Chief Belk said the item was presented at the last workshop. It will coincide with the new Sunstar paramedic agreement with the county for five years. Instead of coming back to the Commission every two or three years, it will come for approval every five years. It does not affect the annual budget. He will still interact with the county, make his requests, and bring back the ALSFR budget every year for approval, but the agreement is for five years. Mayor Brooks opened to public comment. There were no public comments. Commissioner Kerr motioned to approve the 2024 Emergency Medical Services ALS First Responder Agreement and FY 2025 ALSFR Budget. Vice Mayor Tagliarini seconded the motion. ROLL CALL: Commissioner Kerr "YES" Vice Mayor Tagliarini "YES" Commissioner Ghovaee "YES" Commissioner McGeehen "YES" Mayor Brooks "YES" The motion carried 5-0. E. Approval of Construction Manager at Risk for Redington EMS Station Fire Chief Belk said the item was presented at the last workshop. They went through the procurement process as recommended by the City Attorney. They chose Biltmore Construction Company. Inc. to do the project. They had just completed the South Pasadena fire station brand new. He spoke to Chief Mixson. and their punch list is very minor, so they feel very confident with Biltmore Construction. Mayor Brooks opened to public comment. There were no public comments. Commissioner Ghovaee asked if the construction manager at risk would be an additional cost. Chief Belk said 7% of the total proposal cost. They did not want to get into too much before it was approved. They gave a tentative proposal of about $6 million. The total budget is about $7.4 million, so they should come under budget. That comes from Pinellas County. Biltmore would do the construction. Commissioner Kerr motioned to approve the chosen construction manager at risk for the Redington EMS Station, Biltmore Construction. Commissioner Ghovaee seconded the motion. ROLL CALL: Commissioner Kerr "YES" Commissioner Ghovaee "YES" Vice Mayor Tagliarini "YES" Commissioner McGeehen "YES" September 11, 2024, BOC Regular Meeting Page 16 of20  Mayor Brooks "YES" The motion carried 5-0. F. RFP 2024-03 City Seawall Repairs and Replacements Brian Crabtree, Marina Manager, said the item was presented at the last workshop and asked for approval from the Board. Mayor Brooks opened to public comment. There were no public comments. Commissioner Ghovaee asked if a consultant was used to obtain permits. Mr. Crabtree said they do not need a county permit. Vice Mayor Tagliarini motioned to approve RFP 2024-03 City Seawall Repairs and Replacements with Speeler Foundation to proceed for $329,650.00. Commissioner McGeehen seconded the motion. ROLL CALL: Vice Mayor Tagliarini "YES" Commissioner McGeehen "YES" Commissioner Ghovaee "YES" Commissioner Kerr "YES" Mayor Brooks "YES" The motion carried 5-0. G. 1TB 2024-08 Archibald Restroom Project Contract Approval Public Works Director Megan Wepfer said the item was discussed in detail at the last workshop. She asked the Board for approval of a contract with Khors Construction Inc. She responded to questions and comments from the Board. Mayor Brooks opened to public comment. There were no public comments. Commissioner Kerr motioned to approve the 1TB 2024-08 Archibald Restroom Project Contract with Khors Construction Inc. for $823,498 with a 10% contingency for $905,847.80. Commissioner Ghovaee seconded the motion. ROLL CALL: Commissioner Kerr "YES" Commissioner Ghovaee "YES" Vice Mayor Tagliarini "YES" Commissioner McGeehen "YES" September 11, 2024, BOC Regular Meeting Page 17 of20  Mayor Brooks "YES" The motion carried 5-0. H. Rubicon Sofhvare Contract Approval Director Wepfer said the item was presented at the last workshop. She requested approval of the contract with Rubicon for a three-year term. Mayor Brooks opened to public comment. There were no public comments. Vice Mayor Tagliarini motioned to approve the Rubicon Software Contract for a three-year term. Commissioner Ghovaee seconded the motion. ROLL CALL: Vice Mayor Tagliarini "YES" Commissioner Ghovaee "YES" Commissioner McGeehen "YES" Commissioner Kerr "YES" Mayor Brooks "YES" The motion carried 5-0. 13. NEW BUSINESS A. Forward Pinellas Reapportionment Plan City Manager Gomez said they received a request from Forward Pinellas for Commission approval of a change to the makeup of the Forward Pinellas Board. Mayor Brooks opened to public comment. There were no public comments. Commissioner McGeehen motioned to approve the Forward Pinellas Reapportionment Plan. Vice Mayor Tagliarini seconded the motion. ROLL CALL: Commissioner McGeehen "YES" Vice Mayor Tagliarini "YES" Commissioner Ghovaee "YES" Commissioner Kerr "YES" Mayor Brooks "YES" The motion carried 5-0. September 11, 2024, BOC Regular Meeting Page 18 of20 14. AGENDA SETTING - September 30, 2024 BOC Regular Workshop Meeting A. PRESENTATION: Representative Linda Chaney Check Presentation for Seawall Replacements B. PRESENTATION: Tampa Bay Beaches Chamber of Commerce C. Saltwater Destination LLC - 2nd Amendment to Lease D. Playground near 140th Ave. Area E. Court of Honor F. Boat Docks at ROC Park & John's Pass G. Beaches (sand), Public vs Private - City regulatory processes H. Sections in the Code to update for the new C-1 Zoning District I. Boca Ciega, Street End (pocket) park Update J. Stuart Park Bathroom & Landscaping K. Ordinance 2024-18 Planned Development L. Forward Pinellas Grant - John's Pass Village M. Gulf Blvd Undergrounding Project (invite Duke Energy) N. Code Enforcement - short-term rental, high/tall grass 0. Alcohol, Noise, and Special Events - Review for proposed changes Items added: 1. Derelict docks 2. Discuss a solution/code to assist residents when elevators are down in their building. 15. REPORTS/CORRESPONDENCE A. Board of Commissioners - 2024 BOC Meeting Schedule City Manager Gomez reviewed the changes in the upcoming meeting schedule. City Clerk VanBlargan said she would have the 2025 meeting schedule available at the November meeting. September 11, 2024, BOC Regular Meeting Page 19 of20  B. City Attorney C ity Attorney Trask rem inded the Board of the Victoria Cardo na motion fo r a contempt hearing on September 18, 2024. a nd the fire station case is go ing to mediation on December 19. C. City Clerk - September 2024 City Clerk's Report T he C ity C lerk sa id she hoped everyone had an oppo rtunity to read the Madeira Beach histo ry in the report. She plans to add more history next month. D. City Manager The City Manager re minded everyone of upcom ing eve nts. He thanked C ity staff for their work on the 9 11 remembrance event. 16. ADJOU RNM ENT Mayor B rooks adjourned the meeting at 8:26 p.m . fr _r--. n . \ c1L\,lil -L~~-' A nne-Marie Brooks, Mayor J J--_ ATTEST: September 11, 2024, BOC Regular Meeting Page 20 of 20 ... Ray Kerr Commissioner, District 2 City of Madeira Beach Florida 9/11/2024 City of Madeira Beach Board of Commissioners Ann Marie Brooks, Mayor David Tagliarini, Vice Mayor/Commissioner District 1 Eddie McGeehen, Commissioner District 3 Housh Ghovaee, Commissioner District 4 RE: ORDINANCE 2024-09 John's Pass Village Activity Center Development Standards Section D-108. - Maximum building height. Dear Mayor, Vice Mayor, and Commissioners, I appreciate the lively debate and respect that is shown on the dais at each of our meetings. The city has received accolades for this BOC's ability to discuss the City's business and envision the future with integrity although we may not always agree. This letter is intended to maintain this appreciation of our membership yet preserve my opposition to increasing the building heights in Johns Pass Village, as we are split on this issue even if I am ultimately the sole member opposed. A simple "No" vote is insufficient on such an important decision. It has been said that the Johns Pass Village Activity Center designation has been a work in progress for years. Some of us that had previously been on the Planning Commission had seen this topic before our election or appointment to the Board. While this is true, the topic of building height had only recently become a discussion point. The Board was notified that we would soon begin working on Land Development Regulations on March 27,2024 but the BOC did not begin discussions until after The City held three JPV Zoning Public Workshops on April 13th, April 18th, and April 20 th of 2024. The public input was typically at either the same as the current zoning of 35 feet above Design Flood Elevation (DFE), or the same as max height of the existing buildings. The city staff suggested that the tallest building was the parking garage at 55 feet above DFE. The DFE line is roughly 10 feet above grade, so the range being either45', or 65' above grade respectively. It is important to note here that current zoning restrictions are 35' above DFE to the rooftop peak, while the new regulations are measured to the roof eave, which allows redevelopment higher than current zoning without any other changes. This roof peak versus roof eave is critically important when we are discussing the existing garage. As you see in the drawings provided by the city, the garage eave height is 36' 2- ½" above DFE / 46' 2-½" above grade, which is roughly consistent with the default 35' DFE eave height minimum proposed. The 55' DFE / 65' grade roof height referenced in all previous meetings is to the top of a non-existent chimney. The drawing shows the chimney, but the attached photo confirms that it was never built. The BOC and the public were using the 55' reference in error. This taller height of 55' above DFE was used to set the height standard to match the existing parking garage in the proposed zoning ordinance. How does a 5-story hotel (Marriott, Hilton, etc.) benefit the residents? It can only detract from the fishing village vibe. It has been said that a Cambria could not be built, but with a 55' DFE/65' grade eave height what will prevent this? The proposed ordinance suggests different architectural features but how will the architectural design be monitored and approved? The only undeveloped area in the Commercial Core is the gravel parking area on the northeast end near Walt'z Fish Shak. Will the shops along Village Boulevard in this character district become an extension of a larger hotel? Will Waltz disappear and be absorbed into the redevelopment of the Commercial Core? Will Delosa's side of the street be rebuilt with parking and hotel rooms above? How would this benefit the residents? The largest property owner in the Commercial Core area of Johns Pass Village stated in our last BOC Workshop that the City would be hurting their own best interest if they don't approve the taller buildings, as it was his intention to relieve the parking problem. There is no gift to the City that I am aware of, but in reverse, the City is gifting a significant increase in property values if the tallest heights are approved. Without a Planned Development (PD), the city will get nothing in return for this gift. The city and its residents will only have more expenses for services provided, without a revenue share in the form of parking revenue. When I ran for a commissioner position, I vowed to vote in a way that would benefit the residents. I don't see how raising the building heights by over 50% in Johns Pass Village is a benefit for either the city or the residents. Once it is voted in, it would be difficult to reverse as it would be taking away property rights. We are here to serve the residents and to vote on their behalf. Sincerely, Ray Kerr Commissioner, District 2 City of Madeira Beach Florida  .. Cl .., .., 0 mm q~ r~ o- .44'-9 1/4" _:_►,f 21 ~ r 1 II - \. I lr - \.-r ! -.J fr 1 _·rp~ .. , I (1) - · (C I (1) ~ If I ~ - --;- v- <O ~ - s: s: -::;- - -<l l (1) (1) j~ t Q) Q) (/) C "' C co co ' 3(1) 3(D I ::, ui ui 'O a< ::, (/) -::;- .~ a: ::,~ ' :,.. (1) o_ o_ .., §_ - -- ~ 0 ::, I• I 1, j_ s: <O - · 'O U> C Q. ~ .r 10" 1 I ►l ~ ::; 3 o· 0 (1) !!!. $!!. o· ::, s <O ?=' "' Q) (,) 0 ::, i-v o_ .t> CD 0 () 1/2" ' 3(1) ~ ::, <O "' .--·- ''I I"! ( I I I o :' II ... !\. r.. lluhh.,rd'~ \Lvuw Rcdc'\ck',rmmt J._., , _" ' - · ~ D,ct,  No Chimney !44'-9 1/4" above DFE I ,, Roof Peak Edge 44' 9-1/4" above DFE  The City of Madeira Beach, Florida The Board of Adjustment Minutes January 6, 2004 I. MEETING CALLED TO ORDER. Chairperson Reynolds called the meeting to order at 7:00 p.m. n II. ROLLCALL MEMBERS PRESENT: Dennis L. Reynolds, Chairperson Joseph T. Jorgensen, 1st Vice-Chairperson Judy Alloway Brian Bomemann Michael Wyckoff, Alternate No. 2 MEMBERS ABSENT: Peter Malgadey, 2nd Vice-Chairperson Gerald Davis, Alternate No. 1 ADMINISTRATIVE STAFF PRESENT: Rick Johnson, Acting Building Official (County Representative) Thomas J. Trask. City Attorney (CA) Paula Cohen, Community Development Director (COD) Gil Farley, Deputy City Clerk (DCC) Ill. APPROVE MINUTES. The minutes of December 1, 2003, were approved as submitted. QUORUM. Chairperson Reynolds asked if any Board of Adjustment members wished to disqualify themselves from any of the Applications. Hearing no response. he stated the quorum would consist of Michael Wyckoff, Brian Bornemann, Judy Alloway, 1st Vice-Chairperson Jorgensen, and himself. INTRODUCTION, Chairperson Reynolds explained this is a hearing of the Board of Adjustment of the City of Madeira Beach. The function of the Board is to hear testimony and receive evidence and make an impartial determination of whether a variance should be grante~ from the provisions of the City Code, as interpreted by the Community Development Director or the Building Official. A majority vote of the Board of Adjustment members shall be necessary to reverse the decision of the administration, to over rule it, and to approve a variance. The Board of Adjustment, during their review C) of an application shall review the criteria as provided with the case application form. During the hearing, the Board will receive testimony and evidence that is relevant to issues of the case. All testimony shall be under oath. Documents and photographs will be received in evidence and made a part of the record of this hearing. The hearing, consideration, and the decision will be conducted in the format provided with the application form and in the information sheet at the entrance to this meeting room. All variances granted by the Board of Adjustment and not acted upon within one (1) year of being granted will automatically expire. The granting of a variance does not exempt the applicant from obtaining a normal building permit. Any appeals must be filed through the Circuit Court within thirty (30) days of the Board of Adjustment decision. OATH.· Chairperson Reynolds asked the Board of Adjustment Secretary to swear in all parties who desired to provide testimony and/or evidence. The fallowing people took an oath to tell the truth on the matters before the Board of Adjustment: Rick Johnson, Acting Building Official (County Representative) Paula Cohen, Community Development Director 04.02 Daniel J. Penn of 14099 East Parsley Drive 04.03 William Moore of 13426 Gulf Boulevard 04.04 Len Ericson of 523 - 129th Avenue 04.05 Patricia Hubbard of 140 - 129th Avenue 04.06 Kevin Bessolo of Bessolo Design Group, Inc. for 13620 Gulf Boulevard 04.07 Steven Lafferty for 14080 Gulf Boulevard Joel Weaver of 1022 Main Street, Dunedin Arthur Clark of 14110 Gulf Boulevard (Arena De Madeira Condominium), Unit 301 IV. PUBLIC HEARING FOR CONSIDERATION OF BUSINESS LISTED BELOW  The City of Madeira Beach, Florida The Board of Adjustment Minutes UNFINISHED BUSINESS - None. NEW BUSINESS Application AD 04.01 Wfi'MORAWNfEiY.'· ~ ... . .. i-fH. . . ffl.:; ... _.. . . . ·e•:a·.,.,LIGA •· ....... NT Speeler Enterprises representing Kingfisher Development, LLC (Fritz Hofmeister) for property located at 14009 North Bayshore Drive Legal Description: Gulf shores 3rd Addition, Block M, southeasterly ½ of Lot 19 (Parcel 10/31/15/34362/013/0190) Appealing the decision of the Building Official to revoke permit P33513-03, issued in error, under the Madeira Code of Ordinances, Chapter 14 (Building and Building Regulations), Article V (Marine Structures), Section 14-205 (Design criteria for private docks) due to the length of the dock exceeding one-half the width of the property at the waterfront. (24 Property owners were noti6ecJJ Application 04.02 Daniel J. Penn for the property located at 14099 East Parsley Drive Legal Description: Gulf Shores 6th Addition, Block Z, l.ot 36 (Parcel 10/31/15/34416/026/ 0360) Requesting a variance from the zoning requirements of the Madeira Beach Land Development Regulations, Chapter 110 (Zoning), Article V (Districts), Division 2 (R-1, Single Family Residential), Section 110-181 (Setback Requirements, item (1) Front yard, to reduce the required minimum front yard setback from 20 feet to 13 feet to construct an unattached standard two-car garage. DCC Farley read the public notice and advised 21 abutting property owners were notified and no correspondence was received. Acting Building Official Johnson summarized his administrative report, which is shown below: The applicant is requesting to encroach seven feet into the r-=quired twenty foot front yard setback leaving thirteen feet from the garage to the front property line and twenty-six feet to the curb line of the street. If the garage was attached to tha homa, tha encroachment would be reduced by three feet. The homeowner does not wish to attach the garage to the home as it would close off a windN to a bedroom. thus reducing the am:>unt of natural light in the room. Chairperson Reynolds asked if the applicant was present. Daniel Penn stated he did not wish to attach the garage to the main structure because there are two bedroom windows and a bathroom window which would then be blocked and reducing the amount of natural light to the room. Additionally having to tie the garage into the main structure would drastically increase the cost. The garage would be 20 feet in length and still be about 25 feet from the garage to the edge of the road ·pavement. Chairperson Reynolds opened the meeting to public comment. Hearing no response, Chairperson Reynolds closed the public hearing and stated the board would enter deliberation. Motion was made by Michael Wyckoff, seconded by Judy Alloway that Application 04.02, in the name of Daniel J. Penn, for the property located at 14099 East Parsley Drive, legal description as read into the record, requesting a variance from the zoning requirements of the Madeira Beach Land Development Regulations, Chapter 110 (Zoning), ArticleV (Districts), Division 2 (R-1, Single Family Residential), Sedion 110-181 (Setback Requirements. item (1) Front yard. to reduce the required minimum front yard setback from 20 feet to 13 feet to construct an unattached standard two-car garage be granted. The findings of fact being that the evidence presented at this hearing will not conform to the requirements of the Code of Ordinances of the City of Madeira Beach. The applicant meets the criteria for the variances as set forth in Section 2-107 of the Madeira Beach Code of Ordinances. because: 1. Special conditions and circumstances exist which are peculiar to the land, structure. or building involved and which are not applicable to other lands, structure or buildings in the same zoning district. 2. Granting the variance will not confer a, the applicant any special privilege that is denied to other lands, buildings or structures in the same zoning district. 2 January s. 2004  The City of Madeira Beach, Florida The Board of Adjustment'Mlnutes n 3. The granting of the variance will be in harmony with the general intent and purpose of the City Land Development Regulations, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Chairperson Reynolds state~ that an "Aye" vote will be to grant Application 04.02. Roll Call on the motion carried 5-0: Brian Bornemann-Aye; 1st Vice-Chairperson Jorgensen-Aye; Judy Alloway-Aye; Michael Wyckoff-Aye; Chairperson Reynolds-Aye. Chairperson Reynolds stated Application 04.02 has been granted and reminded the applicant to obtain all necessary permits. Application 04.03 William and Michelle Moore for the property located at 13426 Gulf Boulevard Legal Description: Mitchell's Beach Revised, Block 8, Lot 17 less the northerly 20 feet of the westerly 20 feet (Parcel 15/31 /15/58320/008/0170) Requesting two After-the-Fact variances from the zoning requirements of the Madeira Beach Land Development Regulations, Chapter 11 O(Zoning), Article VI (Supplementary District Regulation), Division 3 (Walls, Fences, Hedges, Railings and Sand Fences): 1: Section 110-448 (Side yards). to increase the height of the new fence 7 inches from a maximum of 6 feet to 6 feet 7 inches. 2: Section 110-449 {Rear yards not facing the water). to increase the height of the fence 7 inches from a maximum 6 feet to 6 feet 7 inches DCC Farley read the public notice and advised 120 abutting property owners were notified and one letter was received from the Collwood Condominium Association opposing the variance. Acting ·Building Official Johnson summarized his administrative report, which is shown below: (J lhe owner obtained a fence permit to erect a 6 foot fence on the property. A portion of the newly erected solid fence exceeds 6 foot in height. The fence is 5 to 7 inches too high in certain areas as this fence was erected on top of a deck rather than on the ground. This is an after-the-fact variance to allow the fence to remain as presently installed. Chairperson Reynolds asked if the applicants were present Mr. Moore stated the project started as putting pavers and a fence in the back yard; however when he was unable to accurately determine pervious surface with the pavers, the plan changed. The decision was to put in a deck and a fence. lhe fence permit was pulled thinking the pavers would be in place. When it came time for the installation, the deck company and the fence company determined it would be best to put the fence on the deck. This caused the fence to be 6 inches to high. The fence company assured Mrs. Moore this would not be a problem. However, at the time of final inspection the inspector red tagged the job, and because it is a PVC fence and all the pieces interlock it was not feasible to cut off 6 inches of the top of the fence. Chairperson Reynolds opened the meeting to public comment Hearing no response, Chairperson Reynolds closed the public hearing and stated the board would enter deliberation. Motion was made by 1st Vice-Chairperson Jorgensen, seconded by Michael Wyckoff that Application 04.02, in the name of William and Michelle Moore, for the property located at 13426 Gulf Boulevard, legal description as read into the record, requesting two After-the-Fact variances from the zoning requirements of the Madeira Beach Land Development Regulations, Chapter 11 O (Zoning), Article VI (Supplementary District Regulation), Division 3 (Walls, Fences, Hedges, Railings and Sand Fences): u 1: 2: Section 110-448 (Side yards), to increase the height of the new fence 7 inches from a maximum of 6 feet to 6 feet 7 inches. • Section 110-449 (Rear yards not facing the water), to increase the height of the fence 7 inches from a maximum 6 feet to 6 feet 7 inches. be granted. January 5, 2004 3  . r The City of Madeira Beach, Florida The Board of Adjustment Minutes The findings of fact being that the evidence presented at this hearing will not CO'\form to the requirements of the Code of Ordinances of the City of Madeira Beach. The applicants meet the criteria for the variances as set forth in Section 2-107 of the Madeira Beach Code of Ordinances. because: 1. Special conditions and circumstances exist which are peculiar to the land. structure, or building involved and which are not applicable to other lands. structure or buildings in the same zoning district. 2. Granting the variance will not confer on the applicants any special privilege that is denied to other lands, buildings or structures in the same zoning district. 3. Literal interpretation would deprive the applicants of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant. 4. The variance granted is the minimum variance that will make possible the reasonable use of the land. Chairperson Reynolds stated that an "Ayea vote will be to grant Appltcation 04 .03. Roll Call on the motion carried 5-0: Brian Bornemann-Aye; Judy Alloway-Aye; Michael Wyckoff- Aye; 1st Vice-Chairperson Jorgensen-Aye; Chairperson Reynolds-Aye. Chairperson Reynolds stated Application 04.03 has been granted. Appllcatlon 04.04 Len Ericson representing WIii.iam and Andrea Demarest for the property located at 523 -129th Avenue Legal Description: Bill Williams, 3rd Addition, Block 2, Lot 1 (Parcel 15/13/15/97866/002/0010j Requesting a variance from the zoning requirements of th& Madeira Beach land Development Regulations. Chapter 110 (Zoning), Article V (Districts;, Division 3 (R-2, Low Density Multifamily \ Residential), Section 110-206. {Setback Requirements}. item (3) a. Side y2rd setback reducing the minimum total side yard setback of 15 feet with a minimum of seven feet on either side to maintain 6 89 feet on one side of the home and a total side yard sett,ack of 13.27 feet to er.close 2 non- conforming existing screen porch to provide an additional room in the home. DCC Farley read the public notice and advised 16 abutting property owners were notified and no correspondence was received. Acting Building Official Johnson summarized his administrative report. which is shown below: The enclosing of this non-conforming screen porch to habitable space does not increase the degree of nonconformity on the property. The existing screen porch encroaches 0.11 feet into ttie side yard setback. The applicant wishes to convert this screen porch into a room addition Which would be built in line with the outside wall of the existing home and in the exact footprint as the non-conforming screen porch. Chairperson Reynolds asked if the applicant was present. Len Ericson stated he is the contractor representing William and Andrea Demarest. He further stated the structure was build over 30 years ago as is in the exact same footprint. The existing roof is already over the screened in porch and the owners want to enclose this and make it a habitable room with electric power and air conditioning. When the structure was built it was conforming. however through changes to the ordinances it is now a non-conforming structure. The enclosure will remain in the same footprint and will not increase the non-conformity. Chairperson Reynolds opened the meeting to public comment. Hearing no response, Chairperson Reynolds closed the publtc hearing and stated the board would enter deltberation. Motion was made by Brian Bornemann, seconded by 1st Vice-Chairperson Jorgensen that Application 04.04. in the name of Len Ericson representing William and Andrea Demarest, for the property located at 523 - 129th Avenue East, legal description as read into the record. requesting a 4 January 5, 2004 , The City of Madeira Beach, Florfda The Board of Adjustment Minutes n variance from the zoning requirements of the Madeira Beach Land Development Regulations, Chapter 110 (Zoning), Article V (Distrk:ts), Division 3 (R-2, Low Density Multifamily Residential), Section 110-206, {Setback Regui[ements>, item {3) a. Side yard setback reducing the minfmum total side yard setback of 15 feet with a minimum of seven feet on either side to maintain 6.89 feet on one side of the home and a total side yard setback of 13.27 feet to enclose a non-conforming existing screen porch to provide an additional room In the home, be granted. The findings of fact being that the evidence presented at this hearing will not conform to the requirements of the Code of Ordinances of the City of Madeira Beach. The applicant meets the criteria for the variances as set forth in Section 2-107 of the Madeira Beach Code of Ordinances, because: 1. Special conditions and circumstances exist which are pecular to the land, structure. or buDding involved and .which are not applicable to other lands, structure or buildings in the same zoning district. 2. The special conditions and circumstances do not result from the actions of the applicant. 3. The granting of the variance wiU be in harmony with the general intent and purpose of the City Land Development Regulations, and that such variance will not be injurious to the area involved or otherwise detrimental to the public weffare. Chairperson Reynolds stated that an uAye" vote will be to grant Appficatfon 04.04. Roll Call on the motion carried 5-0: Judy Alloway-Aye; Michael Wyd<off-Aye; 1st Vice-Chairperson Jorgensen-Aye; Brian Bomemam-Aye; Chairperson Reynolds-Aye. Chairperson Reynolds stated Application 04.04 has been granted and reminded the applicant to obtain all necessary permits. Application 04.05 Hubbard Enterprises, Inc. representing Charles Rainey for the (_J property located at 140 - 129th Avenue Legal Description: Mitchell's Beach Revised, Bk>ck 2, Lot 19 (Parcel 15/31/15/58320/002/0190) Requesting three variances from the zoning requirements of the Madeira Beach Land Devek>pment Regulations: 1: Chapter 82 (General Provisions), Section 82-2 (Definitions). to revise the parameters for measuring height from the current definition to base flood elevation to the highest point of the building to base fk>od elevation to the eave of the roof of the building. 2: Chapter 110 (Zoning), Article V (Districts), Division 5 (C-1 Tourist Commercial), Section 110- •262 (Maximum buHding heiiht), to increase the height of the structure 1O feet from a maximum of 30 feet or two stories to 40 feet. 3: Chapter 110 (Zoning), Article V (Oistrk:ts), Division 5 (C-1 Tourist Commercial), Section 110- 263 {Maximum lot coverage). item (1). to increase the floor area ratio by 0.10 from a maximum floor area ratio for a nonresidential /commercial use of 0. 70 to 0.80. DCC Farley read the public notice and advised 131 abutting property owners were notified and no correspondence was received. Acting Building Official Johnson summarized his administrative report. which is shown below: This is part of the property needed for the Hubbard parking garage project. The same variances are being requested for this parcel of land as had been requested and approved for the adjacent property owned by the Hubbard's. Due to the fact that the Hubbard's did not have control of this parcel or consent from the property owner at the April meeting to request the variances for this parcel, this application could not be heard untB this meeting. The variances being requested are for this parcel are to exceed the alowable building height by using the 40 feet measured from the eave instead of from the maximum roof height and to u exceed the floor area ratio by 10 % where 70 % Is required. Chairperson Reynolds asked if the applcant was present January 5, 2004 5  '\ The City of Madeira Beach, Florida The Board of Adjustment Minutes Patricia Hubbard stated when the initial application was made to the City this property was not included. The variances being requested are the same variances granted to the surrounding properties to complete the parking garage project Chairperson Reynolds opened the meeting to public comment Hearing no response, Chairperson Reynolds closed the public hearing and stated the board would enter deliberation. Motion was made by Brian Bornemann, seconded by Michael Wyckoff that Application 04.05, in the name of Hubbard Enterprises, Inc. representing Charles Rainey, forthe property located at 140 - 129th Avenue. legal description as read ilto the record, requesting three variances from the zoning requirements of the Madeira Beach Land Development Regulations: 1: Chapter 82 (General Provisions), Section 82-2 (Definitions). to revise the parameters for measuring height from the current definition to base flood elevation to the highest point of the building to base flood elevation to the eave of the roof of the building. 2: Chapter 11 O(Zoning), Article V (Districts), Division 5 (C-1 Tourist Commercial), Section 110- 262 {Maximum building height). to increase the height of the structure 1o feet from a maximum of 30 feet or two stories to 40 feet 3: Chapter 110 (Zoning), Article V (Districts), Division 5 (C-1 Tourist CommerciaO, Section 110- 263 <Maximum tot coverage), item (1), to increase the floor area ratio by 0.10 from a maximum floor area ratio for a nonresidential /commercial use of 0. 70 to 0.80. be granted. The findings of fact being that the evidence presented at this hearing will not conform to the requirements of the Code of Ordinances of the City of Madeira Beach. The applicant meets the criteria for the variances as set forth in Section 2-107 of the Madeira Beach Code of Ordinances, because: 1. Special conditions and circumstances exist which are peculiar to the land, structure, or building invol\ted and which are not applicable to other lands, structure or buildings in tne same zoning district 2. The special conditions and circumstances do oot result tron, the actions of the applicant 3. Granting the variance will not confer on the applicant any special privilege that is denied to other lands, buildings or structures il the same zoning district 4. Literal interpretation would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant. 5. The variance granted is the minimum variance that will make possible the reasonable use of the land. 6. The granting of the variance will be in harmony with the general intent and purpose of the City Land Development Regulations, and that such variance wiO not be inJurious to the area involved or otherwise detrimental to the public welfare. Chairperson Reynolds stated that an •Aye" vote will be to grant Application 04.05. Roll Call on the motion carried 4-1: Judy Alloway-Nay; 1st Vice-Chairperson Jorgensen-Aye; Michael Wyckoff-Aye; Brian Bornemann-Aye; Chairperson Reynolds-Aye. Chairperson Reynolds stated Application 04.05 has been granted and reminded the applicant to obtain all necessary permits. Application 04.06 Bessolo Design Group, Inc. representing Charles M. Scherzer for the property located at 13620 Gulf Boulevard Legal Description: Mitchell's Beach, Block 26, Lots 3, 4, 5, 26, 27, and 28 (Parcels 15/31/15/ 79370/000/0001; 15/31/15n9370/001/0010 through 15/31/15n9370/001/ ooeo; 15/31 /15/79370/002/0080 through 15131/15n9370/002/0120; 15/31/15/79370/002/ 0140 and 15/31/15/79370/003/0150 through 15/31/15n9370/003/0170) Requesting two variances fran the zoning requirements of the Madeira Beach Land Development Regulations, Chapter 11 O(Zoning), Article V (Districts), Division 4 (R-3, Medium Density Multifamily Residential): 6 January 5, 2004  The City of Madeira Beach, Florlda The Board·of Adjustment Minutes n 1: Section 110-231 {Setback reguirements). item t4)b 2 to reduce the required side yard setback by 13 percent from a total of 33 percent of the lot width and not less than 1o feet on one side to 20 percent with a 10 foot setback on each side to develop a new 6-unit condominium complex. 2: Section 110-233 {Maximum lot coyeraqe) item {1) to increase the floor area ratio by 0.03 from a maximum floor area ratio of 0.80 to 0.83 to 222 square feet to develop a new 6-unit condominium complex. DCC Farley read the public notice and advised 32 abutting property owners were notified and no correspondence was received. Acting Building Official Johnson summarized his administrative report which is shown below: The owner proposes to build a new 6-unit condominium complex. R-3 lots with 100 feet in width are required to provide a 33 percent side yard setback with at least 1Ofoot on one side. The developer proposes 10 feet on each side and centering the building on the property. This would reduce the side yard setback from 33% to 20%. The existing development on site has side setbacks of 10.8 feet and 4.7 feet The parcel of land is 0.51 acres in size. The bulldable area is limited to only 0.25 acres clle to the location of the Coastal Construction Control Line on this parcel. The existing development on the site is 100% impervious. The developer proposes to create 45% of the lot as pervious or green space. To accomplish this increase in green space and ability to provide for storm water treatment the developer is seeking a variance to increase the floor area ratio by 0.03 or 222 square feet Chairperson Reynolds asked if the applicant was present. Kevin Bessolo stated that although the applicant is requesting variances, the end result of the project will improve an of the existing non.conformities. The building will be further away from Gulf Boulevard allowing for additional green space. The existing front yard setback is approximately 9 feet and the proposed front yard setback will be 30 feel The primary reason for requesting the side yard setback is to allow for each unit to have two parking spaces under the structure. Even with the approval of this variance request, the side yard setback will increase from the existing side yard setback. Chairperson Reynolds opened the meeting to public comment. Hearing no response, Chairperson Reynolds closed the public hearing and stated the board wood enter deliberation. Motion was made by Michael Wyckoff, seconded by Brian Bornemann that Application 04.06, in the name of Bessolo Design Group, Inc. representing Charles M Scherzer, for the property located at 13620 Gulf Boulevard, legal description as read into the record, requesting two variances from the zoning requirements of the Madeira Beach Land Development Regulations, Chapter 11 O (Zoning), Article V (Districts), Division 4 (R-3, Medium Density Multifamily Residential): 1: Section 110-231 (Setback requirements}. item (4)b.2, to reduce the required side yard setback by 13 percent from a total of 33 percent of the lot width and not less than 1Ofeet on one side to 20 percent with a 10 foot setback on each side to develop a new 6-unit condominium complex. 2: Section 110-233 {Maximum lot coverage), item (1 l, to increase the floor area ratio by 0.03 from a maximum floor area ratio of 0.80 to 0.83 to 222 square feet to develop a new 6.unit condominium complex. • be granted. The findings of fact being that the evidence presented at this hearing will not conform to the requirements of the Code of Ordinances of the City of Madeira Beach. The applicant meets the criteria for the variances as set forth in Section 2-107 of the Madeira u Beach Code of Ordinances, because: 1. Special conditions and ciraJmstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structure or buildings in the same zoning district • January 5, 2004 7  The City of Madeira Beach, Florida The Board of Adjustment Minutes 2. The variance granted is the minimum variance that will make possible the reasonable use of the land. 3. The granting of the variance will be in harmony with the general intent and purpose of the City Land Development Regulations, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Chairperson Reynolds stated that an "Aye• vote will be to grant Application 04.06. Roll Call on the motion carried 5-0: Judy Alloway-Aye; 1st Vice-Chairperson Jorgensen-Aye; Brian Bornemann-Aye; Michael Wyckoff-Aye; Chairperson Reynolds-Aye. Chairperson Reynolds stated Application 04.06 has been granted and reminded the applicant to obtain all necessary permits. Application 04.07 Martin Drllllch/Starquest representing Ben Tam Lending Corp. for the property located at 14080 Gulf Boulevard Legal Description: Lot A. less the southeast 63 2/3 feet thereof which is adjacent to and parallel with the northwesterly line of Lot 25, Block A, Second Addition to Gulf Shores. (Parcel 10/31/15/34344/001/0010) Requesting four variances from the zoning requirements of the Madeira Beach Land Development Regulations: 1: Chapter 110 (Zoning), Article Ill (Nonconformances), Section 110-93 (Intent concerning nonconforming property. structures and uses). item l2) Nonconforming uses la). to permit a non-conforming 16 tourist unit motel to enlarge the individual tourist units by waiving the requirement that there shall be no enlargement, increase In activity or alteration to the use, permanent structure or both. 2: Chapter 82 (General Provisions), Section 82-2 {Definit:uns), to increase the size of an individual tourist dwelling unit with one-bedroom by 300 square feet from a maximum of750 squa.-e feet lo 1,050 square feet to renovate individual units of ari existing mntel. 3: Chapter 110 (Zoning), Anicle V (Dis!ricts), Divisio., 4 (R-3 Medium Density Multifamily Residential), Section 110-232 {Maximum building height), to increase the height by 20 feet and 2 stories from a maximum building height of 40 feet and 3 stories, whichever is more restrictive to 5 stories or 60 feet to renovate the existing tourist dwelling units. 4: Chapter 110 (Zoning), Article V (Districts), Division 4 (R-3 Medium Density Multifamily Residential), Section 110-233 (Maximum lot coverage), to increase the floor area ratio by 0.63 from a maximum floor area ratio of 0.80 to 1.43 to renovate the existing tourist dwelling units. DCC Farley read the public notice and advised 117 abutting property owners were notified and two letters were received opposing the variances: Arena De Madeira Condominium Association of 14110 Gulf 801.Jlevard Professor A. Selby of 14110 Gulf Boulevard (Arena De Madeira Condominium), Unit 201 Acting Building Official Johnson summarized his administrative report which is shown below: The property measures 0275 acre or 11,979 square feet. There is presently a two story concrete block structure on the site. The structure was built slab on grade in 1957. According to the county property appraiser there are 15 units currently on the property. To knock down the existing facility and rebuild condominiums under the current regulations limits the number of units to 4 and if tourist dwellings are built the zoning regulations permit up to five units. The current property use is nonconforming to the present land development regulations due to the number of units. Under Section 110-93 (Nonconforming structures) - any addition, alteration or renovation to the structure shall not increase the degree of nonconformity. The developer is requesting the definition of "tourist° be revised to permit an increased size of a single tourist unit to 1,050 square feet as well as, permit a taller height and greater FAR to accommodate the proposed unit changes. Chairperson Reynolds asked if the applicant was present 8 January 5, 2004  The City of Madeira Beach, Florida The Board of Adjustmen~ .~fnutes n Stephen Lafferty: • Stated he is the architect fa the project and displayed conceptual drawings of the proposed project • Indicated the project would be a condominium/hotel. • The 16 units woud be sold as condominiums, but allow part-time residents to rent the units out when not occupied. • Explained this is being proposed as a remode~ the first floor will not be vacated and the additional three floors will be built above the existing structure. • Further indicated that at this time, there were currently 14 units available to be rented. Chairperson Reynolds opened the meeting to public comment. Joel Weaver stated he was representing some of the owners of Arena De Madeira who oppose the granting of these variances. The owners are concerned, because the developer is calling this a renovation; however, it describes a total rebuild. If it is a renovation, will the ground floor hold the additional three floors? The structure was butlt in 1957, and the building codes have changed. It was not built back then to hold 5 floors and it will most tikely not hold 5 flpors today. With the increase in the size of the units, the accommodations will hold more people most likely arriving in more than one vehicle and the existing parking will not be adequate. The owners of the Arena De MatJeira feel they will have a problem dealing with the overflow parking from this development. One of the aiteria fa granting is if there are special conditions and circumstances do they result from the actions of the applicant. The owners of the Arena De Madeira feel: • There are no special conditions or circumstances and the action is totally the result of the () applicant by voluntary redeveloping th~ property. • The variances requested are not the minimum variance which would make possible the reasonable use of the land. Arthur Clark stated he objected to the variances, because the presented drawings appear to be well outside of the existing footprint. Hearing no additional response, Chairperson Reynolds closed the public hearing and stated the board would enter deliberation. Motion was made by Judy Alloway, seconded by Brian Bornemann that Application 04. 07, in the name of Martin Drillich/Starquest representing Ben Tam Lending Corp., for the property located at 14080 Gulf Boulevard, legal description as read into the recad, requesting four variances fran the zoning requirements of the Madeira Beach Land Development Regulations: 1: Chapter 11 O (Zoning), Article Ill (Non-conformances), Section 110-93 (Intent concerning nonconforming property. structures and uses). item C2) Nonconforming uses. Ca). to permit a non-conforming 16 tourist unit motel to enlarge the individual tourist units by waiving the requirement that there shall be no enlargement, increase in activity or alteration to the use, permanent structure or both. 2: Chapter 82 (General Provisions), Section 82-2 (Definitions). to increase the size of an individual tourist dwelling unit with one-bedroom by 300 square feet from a maximum of750 square feet to 1,050 square feet to renovate individual units of an existing motel 3: Chapter 110 (Zoning), Article V (Districts), Division 4 (R-3 Me~ium Density Multifamily Residential), Section 110-232 {Maximym building height), to Increase the height by 20 feet and 2 stories from a maximum building height of 40 feet and 3 stories, whichever is more restrictive to 5 stories or 60 feet to renovate the existing tourist dweUing units. u 4: Chapter 110 (Zoning), Article V (Districts), Division 4 (R-3 Medium Density Multifamily Residential), Section 110-233 (Maximum lot coverage). to increase the floor area ratio by 0.63 from a maximum floor area ratio of 0.80 to 1.43 to renovate the existing tourist dwelling units. be denied. January 5, 2004 9  The City of Madeira Beach, Florida The Board of Adjustment Minutes The findings of fact being that the evidence presented at this hearing will not conform to the requirements of the Code of Ordinances of the City of Madeira Beach. The appflcants does not meet the criteria for the variances as set forth in Section 2-107 of the Madeira Beach Code of Ordinances, because: 1. There is no hardship. 2. No special conditions and circumstances exist which are peculiar to the land, structure, or buildings involved. 3. Financial loss standing alone is not sufficient justification for a variance. Chairperson Reynolds stated that an "Aye• vote will be to deny Application 04.07. Roll Call on the motion carried 5-0: Michael Wyckoff-Aye; 1st Vice-Chairperson Jorgensen-Aye; Brian Bornemann-Aye; Judy /:Jbway-Aye; Chairperson Reynolds-Aye. Chairperson Reynolds stated Application 03.07 has been denied. V. GENERAL BUSINESS AND REPORTS - None. VI. ADJOURNMENt. Chairperson Reynolds declared the meeting of the Board of Adjustment adjoumed at 9:15 p.m. Respectfully submitted: Approved by .the Board on G.W.• B F~J~lae~ Fet)ruary 2, 2004 Dennis L. Reynolds Chairperson 10 January 5, 2004