Commissioners hear public concerns over Causeway Cove density and ask staff for legal review of submerged‑land calculations

Public comments and a lengthy commission exchange on June 9 focused on the proposed Causeway Cove Marina development and how local zoning and state law interact on density and massing.

Jennifer Frey, a resident and preservation advocate, urged the city to engage with developers and described Causeway Cove as a public‑facing marina and destination. "Causeway Cove is that opportunity," she said, urging the city manager to meet with the project team.

Commissioner Broderick raised more detailed legal and planning concerns, describing the proposed scale as an "existential threat to the quality of life out on South Beach," and questioned whether developers were including submerged lands in density calculations in the same manner that was used for a prior Harbor Isle approval. Broderick asked staff to investigate the history and legal basis for any submerged‑land calculations and how they were applied to reach proposed unit counts.

Nut graf: The discussion centered on two linked but distinct issues: (1) whether massing/density calculations have, historically or currently, included submerged lands (aquatic or submerged classifications) and if so how that affects unit counts; and (2) how the state Live Local Act interacts with local zoning — particularly where Live Local sets affordable housing incentives that can affect allowable heights and densities. Commissioners requested a special meeting and additional expert review.

What the commission asked staff to do - City Manager and city attorney to assemble a focused briefing on the Causeway Cove proposal that documents (a) zoning history for the site and adjacent Harbor Isle approvals; (b) whether submerged lands were ever counted in density/massing calculations; and (c) how Live Local procedures apply in this case. - Identify applicable code provisions, charter language and any prior land‑use approvals that bear on submerged‑land calculations and unit allocations. - Consider inviting state or legislative representatives, or state legal counsel, to a public briefing if the legal view requires clarification.

Ending: Commissioners asked staff to gather documents, prepare a legal and technical briefing and return with recommendations on whether a special public meeting or further legal action is warranted. Several commissioners said they want outside counsel or state input because litigation and statute interpretation are likely to follow.