City Council Approves Land Development Code Amendment

City Council discussed several key issues at its meeting on Monday, August 19, 2024:

Quasi-Judicial Hearings

• Boat Dock Extension at 860 Panama Court: Resolution 24-44 approved a 31-foot, 6-inch extension to the boat dock at 860 Panama Court for Vantage Point Condominium Association Inc. Mary Holden from Growth Management noted the extension was needed due to a new seawall being built 18 inches in front of the old one. Despite safety and manatee concerns, the Planning Board recommended approval with a 3-1 vote. Tim Hall from Terrell Hall & Associates clarified that new seawall methods, including "corkscrew type tiebacks," help avoid extensive excavation. The motion passed unanimously, 6-0.
• RV Garage at 1960 San Marco Road: Resolution 24-45 approved a Conditional Use Permit for construction of an RV garage at 1960 San Marco Road. Holden reported that the Planning Board had recommended approval with a 4-0 vote on July 12, 2024. With no further discussion, the resolution passed unanimously, 6-0.

Ordinances

• Land Development Code Amendment: Ordinance 24-14, proposing amendments to allow mixed-use development in the C3 Zoning District, was reviewed. Holden explained that this is the second reading of the amendment, which does not increase overall density but permits mixed-use development in Sub-District 2A. The Council previously approved the amendment on first reading with a 6-1 vote. The current ordinance removes a provision exempting projects in this district from applying for parking credits. Vice Chairman Brechnitz sought clarification on density allocation, which Holden confirmed remains within the overall limit. Concerns about building heights were addressed, confirming that the maximum height of 50 feet in Overlay District 2A remains unchanged. The roll call vote passed 6-1, with Councilor Rola dissenting.

Resolutions & City Council Items

• Floodplain Variance at 230 Polynesia Court: Resolution 24-46 requested a floodplain variance for the property. The property's mechanical equipment was installed at 8.7 feet elevation, 0.3 feet below the required 9 feet NAVD. Daniel Smith, Director of Community Affairs, attributed the discrepancy to a surveying error. Ryan Williams of KWC Homes requested the variance be extended to the mechanical equipment. Issues included flood damage risk and compliance with new standards requiring equipment at 10 feet NAVD. City Staff recommended a denial of the variance. Councilor Blonna expressed concerns about potential future liability for the city if the variance was granted. Vice Chairman Brechnitz and Councilor Grifoni supported the variance, noting it wouldn’t set a precedent. The motion passed 5-2, with Councilors Rola and Blonna dissenting.
• Construction Handbook Amendments: Resolution 24-25 updated the Construction Standards Handbook with changes including updated definitions, new swale requirements, revised sidewalk specifications, and updated driveway details. Public Works Director Justin Martin explained these updates aim to enhance infrastructure, stormwater management, and ADA compliance. Notable changes include thicker sidewalks and new exfiltration swales. Martin confirmed the city received a $1.5 million grant for these improvements. Councilor Irwin inquired about potential additional costs for homeowners if driveway repairs exceed 50% of the total area, noting such repairs could cost between $2,000 and $5,000. Concerns about citizen pushback and the practicality of new standards were raised. The updates were unanimously approved.

City Council Item: Lobbyist Renewal

• Lobbyist Ronald L. Book: Casey Lucius, Assistant City Manager, summarized the renewal of the lobbying services contract with Ronald L. Book. Brechnitz questioned the evaluation process. Lucius explained that the evaluation followed city codes and allowed staff to handle them based on RFQ responses. Palumbo debated whether the contract should be for three years or a one-year deal with two renewal options, acknowledging Book’s performance. The council unanimously approved the renewal.

Future Agenda Items

• C-HaWQ (Pronounced “Sea Hawk”) Proposal: Grifoni introduced a proposal from C-HaWQ, a public-private partnership with Earthworks, for dredging Marco Island’s canals to improve water quality. Despite past cost concerns, Grifoni suggested scheduling a presentation in September. Brechnitz supported the idea, citing positive experiences with dredging in Illinois.
• City’s Safety Ranking: Irwin celebrated Marco Island’s ranking as Florida’s safest city for both violent and property crimes. Referencing Thomas Jefferson's quote, “The government is best which governs least,” Irwin emphasized the role of both the police force and the community in maintaining safety and commended the council’s cautious regulatory approach.
• Tax Base Insights: Grifoni highlighted the role of non-homesteaded properties in reducing taxes for homesteaded properties. 

City Attorney’s Report

• Vacation Rental Lawsuits: The report highlighted delays in ongoing litigation related to vacation rentals due to non-cooperation from involved parties. The office has filed motions to expedite the proceedings and will withhold documents from closed-door sessions until litigation concludes.
• FEMA Credits Issue: The report addressed frustrations with FEMA over unfulfilled credits and insufficient documentation. The council considered several options:
• Public Records Request: To seek FEMA documents, though their existence is uncertain.
• Congressional Outreach: Meeting with Congressman Byron Donalds or his chief of staff.
• Lobbyist Assistance: Hiring a lobbyist to navigate federal processes, though this would be costly.
• State-Level Help: Collaborating with Ron Book for state legislative support at no extra charge.

Grifoni supported these approaches, agreeing they were sensible steps to resolve the issue.