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St. Augustine Beach delays substantive charter change on building-height exceptions after heated debate
Summary
The commission approved housekeeping amendments to the city charter but paused a substantive charter amendment that would remove certain exceptions (parapets, elevator shafts, rooftop equipment) from residential exemptions, amid concern that shifting the language by ordinance could be misread as changing the 35-foot building limit.
The City of St. Augustine Beach commission advanced housekeeping charter edits but put a substantive charter change on hold after a lengthy debate over how the city measures building height.
City Attorney Brian Law presented two charter-related ordinances. One (O-2026-01) contains grammar, spelling, gender-neutral language, and minor clarifications. The other (O-2026-04) seeks to delete older charter language that lists structure elements (residential elevator shafts, parapets, tanks, mechanical equipment, and similar items) so that development-specific details would be regulated in the land development regulations instead of the charter.
Law showed an illustration of a recently completed residential project that, he said, exposed an unintended consequence of current charter/LDR wording: "Nowhere does this proposed change to the city charter say we're gonna let you build a 42 foot tall building," he said, adding the changes are intended to prevent architectural features from being used to circumvent the 35-foot limit. He explained that removing the exceptions would strengthen the 35-foot limit for residential structures and allow the LDRs to manage technical design elements.
Multiple commissioners expressed discomfort with moving substantive changes to the charter by ordinance without more public outreach. "It just makes me nervous," one commissioner said, noting that height limits have been politically sensitive in past debates (the Embassy Suites project was cited repeatedly as background). Residents also urged caution: Nick Bender told the commission that anything touching the 35-foot limit "is a critical issue" and recommended discussion with the Charter Review Committee before action.
In response to the concerns, commissioners and staff discussed a process alternative: adopt the LDR amendments through the planning and zoning process and then consider the charter change simultaneously to avoid a temporary regulatory gap. Staff and legal counsel said that is legally permissible and would reduce the risk that residents misunderstand the intent. The commission agreed to "put a pin in" O-2026-04 and move forward with O-2026-01 (housekeeping) while staff prepares coordinated LDR language for review by planning and zoning.
Action taken: the commission approved O-2026-01 (housekeeping charter changes) on first reading and deferred O-2026-04 pending simultaneous LDR text, planning and zoning review, and additional public engagement.
Why it matters: the discussion affects how the city enforces building-height limits and where technical development rules reside (charter versus LDRs). Commissioners said they want to avoid unintentionally loosening protections built into the charter while permitting staff to manage technical standards in the LDRs.
Next steps: staff will draft LDR language to mirror the charter changes where appropriate, schedule planning and zoning review, and return the coordinated package to the commission for consideration.
