The council approved the minutes of the December 5, 2023 Business Meeting and the December 12, 2023 Workshop Meeting. Both were approved by voice vote.
Michael Schiumento, authorized agent for JTL Grand Landings, presented a request for rehearing on the Cascades future land use map amendment, arguing that the November 7, 2023 council action improperly included JTL's 44.3-acre 'hook parcel' without the property owner's authorization. Council Member Pontieri opposed the rehearing, citing email records showing JTL's representatives had communicated authorization and arguing the council had not erred. Council Member Klufas noted potential litigation risk if the rehearing was denied. The motion to schedule a rehearing at the earliest possible date passed 3-1.
Staff presented Ordinance 2024-XX, a Future Land Use Map amendment for approximately six acres at the intersection of Belle Terre Boulevard and US 1 from Greenbelt to Mixed Use, with a site-specific policy capping non-residential development at 30,000 square feet. The remaining five acres of the parcel will be rezoned to Preservation as a buffer. The PLDRB recommended approval 6-0. Council approved the first reading unanimously.
As the companion item to G.4, Ordinance 2024-XX rezones 11+/- acres at Belle Terre Boulevard and US 1 (Application No. 5500) from Suburban Estates (EST-1) to General Commercial (COM-2) for approximately six acres and Preservation (PRS) for approximately five acres. The PLDRB recommended approval 6-0. Council approved the first reading unanimously after confirming no ex parte communications.
Ordinance 2024-XX to rename Richenbacker Drive (as spelled on the plat) to Rickenbacker Drive (the name in use for over 20 years by the city, county entities, residents, and USPS) was presented as a cleanup item requested by E-911. No residents would experience address changes. The ordinance passed unanimously on first reading.
Resolution 2023-XX approving purchase of freshwater mitigation credits from Brick Road Mitigation Holdings, LLC, related to the Matanzas Woods Roadway Extension Project was included in the consent agenda and approved as part of the omnibus consent vote.
Resolution 2023-XX approving a work order with McKim & Creed, Inc., for engineering design and construction services for the Citation Blvd Reclaimed Watermain Extension, Street Lighting and Pathway was included in the consent agenda and approved.
Resolution 2023-XX approving a Master Services Agreement with PBM Constructors, Inc., for upgrades of two aging pump stations was included in the consent agenda and approved.
Resolution 2023-XX approving the Annual Affordable Housing 2023 Report of Recommendations from the Affordable Housing Advisory Committee (AHAC) was included in the consent agenda. Council Member Pontieri noted that approval of the report does not authorize any of the specific incentives listed, such as density bonuses, which would require a separate ordinance. The resolution was approved as part of the consent agenda.
Resolution 2023-XX approving the CDBG Consolidated Annual Performance and Evaluation Report for program year October 1, 2022 through September 30, 2023 was included in the consent agenda and approved.
Resolution 2023-XX amending the Mayor and City Council Meeting Policies and Procedures was discussed prior to the consent vote. Vice Mayor Danko raised concern that the draft included a 30-minute cap on total public comment time for workshops and business meetings, which he said was not what was agreed upon. All four council members present reached consensus to remove the 30-minute total time cap (sections 5C and 5C.3), retaining only the individual three-minute speaker limit. The resolution as amended was approved in the omnibus consent vote.
Vote: 4-0 (unanimous)
J
Public Participation
K
Discussion By City Council Of Matters Not On The Agenda
L
Discussion By City Attorney Of Matters Not On The Agenda
M
Discussion By City Manager Of Matters Not On The Agenda
The Reporting of Emergency & Sole Source Purchases for November 2023 was included in the agenda packet. The City Manager noted it and council had no questions.
N
Adjournment
N.25
Agenda Worksheet And Calendar
Advisory Notes
— (context, F.3)
The Cascades rehearing request involves the JTL Grand Landings 'hook parcel' (approximately 44.3 acres) and questions of whether its owner authorized inclusion in a prior future land use map amendment. Email records from June 2023 presented by Council Member Pontieri show conflicting communications between the authorized agent (Schiumento), property representatives (Jeff Douglas), and city staff (Dan Welch) about whether the hook parcel was to be included, with the owner David West having signed a certification stating the application was correct. The council voted 3-1 to rehear the matter in January.
— (public_comment, H)
The Old Kings Road Multi-Family Master Site Plan (Application 5447) for 216 units drew the largest public turnout of the meeting, with approximately 20 speakers from the Hidden Lakes and Tuscana communities opposing the project. Recurring subjects included: Old Kings Road traffic congestion and safety (including reference to a recent fatality on the road), emergency vehicle access gridlock experienced on Halloween 2023 when I-95 was closed, adequacy of notice sent to HOA management companies versus current community representatives, the road's designation as a State Scenic Byway, and the appropriateness of high-density rental apartments adjacent to single-family communities. A speaker also raised a conflict-of-interest allegation regarding a named planning board member's prior property transaction involving the subject land. Staff clarified that notice was sent per code to property appraiser addresses of owners within 300 feet, and that Hidden Lakes HOA was not within the legally required notification radius.
— (public_comment, D)
Multiple public speakers raised the subject of new residential construction on infill lots being built at elevated grades that allegedly causes stormwater runoff onto adjacent lower-lying pre-existing homes. Speakers requested a moratorium on permits for elevated construction and cited city code prohibiting runoff into neighboring yards. This is a recurring subject before the council; the city manager later confirmed an active case-load review process with 133 cases and a planned February workshop update.
— (public_comment, J)
A speaker raised ongoing opposition to a proposed 5G wireless tower at 7 Clubhouse Drive, stating it is located approximately 80 feet from a retirement home, that the site is nonconforming in size, that it is not in the city's master wireless plan, and that its height would be twice that of nearby trees. The speaker requested the application be rescinded or at minimum relocated to the Linear Park area where no homes are nearby. This subject was also raised during opening public comment by a different speaker.