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Home My WebLink About02-17-2022 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES FEBRUARY 17. 2022 I. Call to Order -- Chairman Alvarez called the meeting to order at 6:00 p.m. II. Pledoe of Aileaiance was recited by all. ^� I � i III. Roll Call (/ Present: Mr. Simmons Mr. Christino (a) y i �^ Ms. Kautenburg Ms. Kinchen E Mr. Carter Mr. Alvarez o o '� E Ms. Jordan (a) ` Also Present: .. o Ms. Lisa Frazier, Community Development Director d Ms. Dom Bosworth, Community Development Manager 5 Ea Mr. Manny Anon, Jr., City Attorney E M e Ft a " Mr. Gary Vicars., MIS Technical Analyst o m o a m Ms. Janet Graham, Technical Writer U 0 $ w' Dr. Mara Schiff, Indian River County School Board liaison, was not present IV. Announcements and/or Aaenda Modifications Mr. Alvarez announced that Mr. Roth and Mr. Qizilbash have resigned. Together they have volunteered over 21 combined hours of public service for the City of Sebastian. He thanked them for their service and wished them well. This evening, Ms. Jordan and Mr. Chdstino will be voting in their places. V. ADoroval of Minutes: December 3, 2021 and February 3, 2022 Mr. Alvarez asked if all the Commissioners have had a chance to review the Minutes of the December 3, 2021 meeting. All indicated they had. There being no comments or corrections, Mr. Alvarez called for a motion. A motion approving the Minutes as presented was made by Mr. Carter, seconded by Mr. Christino, and approved unanimously via voice vote. Mr. Alvarez asked if all the Commissioners have had a chance to review the Minutes of the February 3, 2022 meeting. All indicated they had. There being no comments or corrections, Mr. Alvarez called for a motion. A motion approving the Minutes as presented was made by Ms. Jordan, seconded by Mr. Carter, and approved unanimously via voice vote. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF FEBRUARY 17, 2022 At this time, Mr. Alvarez closed the Planning and Zoning Commission meeting and opened the Local Planning Agency (LPA) Public Hearings VI. Local Plannina Aaencv (LPA) Public Hearings A. Public Hearing — Recommendation to City Council — Ordinance 0-22-02 -- Land Development Code Amendment — Recreation Concurrency — Sec. 54-3-9.4, Sec. 54-3-9.7, Sec. 54-3-9.8, Sec. 54-3-9.9, Sec. 54-4-18.4., Sec. 54.4.19.11 Mr. Anon read the item into the record. Mr. Alvarez called on staff to give their presentation. Ms. Frazier stated this is one of the first amendments that the Commissioners will be receiving/reviewing of the Land Development Code and/or the Code of Ordinances in conformance with the City's updated Comprehensive Plan. The Florida statute requires that the City update and bring into compliance the City's Land Development Code with any changes that have been made to the Comprehensive Plan. She stated that she has provided the Commissioners with a list of the policies that are being addressed with this Code change (SEE ATTACHED). She stated that staff has recommended deleting the formula in No. 6(b), Nos. 1, 2, and 3 set forth on pages 5 and 6 in Section 54-4-19.11. Ms. Frazier reviewed and explained in detail Ordinance 0-22-02 and the changes that are being proposed and answered questions by the Commissioners. Staff recommends that that the Commissioners find this Ordinance 0-22-02 to be in compliance with the Comprehensive Plan and recommend approval. Ms. Kautenburg: • Wanted to make it clear that each and every lot that is sold in any development will also pay an impact fee, and the developer provides above and beyond what the impact fee covers. Ms. Frazier said that is correct. That impact fee goes into the Recreation Impact Fee Fund, which can only be spent on community and neighborhood parks. If the land is not available, fee -in -lieu can be done, which she suggested goes into the Recreation Fund, and it can be utilized to purchase land or facilities. • Suggested that the word "may" at the bottom of page 6 be changed to "shall" or "shall not." . Suggested that designation requirements be 100%. Ms. Jordan: PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF FEBRUARY 17, 2022 • In the items that staff is proposing to delete, she asked if staff knows that City Council will grant up to 50%. Ms. Frazier stated Council's choices would be open. Mr. Simmons: • Agrees that the formula set forth in Amendment 3, Section 544-19.11, Nos. 1, 2, and 3 set forth on Pages 5 and 6 of the policy changes that staff has suggested should be deleted. Mr. Christino: • Suggested staying with 50% across the board regarding dedication requirements for recreation space. • Clarified that when the motion is made for this item, Nos. 1, 2, and 3 as set forth above will be deleted, all other designation requirements will be 50%, and Mr. Carter interjected that, with the exception that Environmental Preserves, No. 5 will be 100%. Ms. Frazier said that is correct. Mr. Carter: • Asked, if these requirements would be for the development's use, the public would not be allowed to use that area. Ms. Frazier said that is possible, but she explained that if those areas were connected off site and had walking paths in them, it would be open to the public. There being no public input on this item and no further questions/comments from the Commissioners, Mr. Alvarez called for a motion. A motion approving Ordinance No. 0-22-2 with removing items 1, 2, and 3 on pages 5 and 6 of the staff Memorandum, as well as changing the 15% to 100% for environmental preserves in compliance with the Comprehensive Plan was made by Ms. Kinchen, and seconded by Ms. Kautenburg, Roll Call Ms. Jordan (a) — Yes Ms. Kinchen -- Yes Mr. Alvarez — Yes Mr. Carter — Yes Mr. Christino (a) -- Yes Ms. Kautenburg — Yes Mr. Simmons — Yes Vote was 7-0 in favor. Motion carries. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF FEBRUARY 17, 2022 B. Public Hearing — Recommendation to City Council — Ordinance 0-22-03 -- Land Development Code Amendment — Murals — Sec. 54-5-2.2 and Sec. 54-3-16.3 Mr. Anon read the item into the record Mr. Alvarez called on staff to give their presentation. Ms. Frazier give the history on how this matter arose. She stated that mural programs are present throughout the state, and they are very popular in downtown areas. It was presented to City Council, and the City Council approved the idea. In order to make this happen, there needs to be some modifications to the Land Development Code, and that is what the Commissioners have before them this evening. She has attached the application program as proffered from the Chamber of Commerce (SEE ATTACHED). There is a representative of the Chamber present if the Commissioners have any questions. The purpose of this amendment is to add the definition of murals to the Land Development Code and then modify the section that exempts signs from the permitting process, which includes murals. She further explained this and reviewed the attached Memorandum from the Chamber of Commerce. The Chamber is going to oversee this program. This proposal has been reviewed for quite some time. Ms. Kautenburg asked if there is a reason why other buildings in the City may not have murals. Ms. Frazier said this program is only available to commercial buildings in the CRA area. That area is much more amenable to sidewalk traffic, and mural programs are typically in areas that are walkable. There are actually mural tours where people go from one area to another to look at the murals. Ms. Frazier announced that there will be an Eau Gallie Arts District Mural Walking Tour on Thursday, March 10, 2022. She has printed out several of these Flyers if anyone is interested. She will be attending, and she has invited the Chamber also to attend. Ms. Bosworth explained that there is a threshold where a mural will become a sign. When the business wants to do a mural that advertises its business, it then becomes a sign and is subject to permitting, etc. Ms. Frazier also explained that text or lettering shall not exceed 10% of the area of the mural. Mr. Alvarez asked if a business has a wall and wants to have a mural, they go to the Chamber and present their ideas. Ms. Frazier said that is correct. Mr. Alvarez called for questions/comments from the Commissioners. Mr. Christino: • Asked if this would include the "Triangle" area. Ms. Frazier said yes. • Asked who is responsible for the upkeep of the mural. Ms. Frazier said the owner of the building would be responsible. Ms. Kautenburg PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING OF FEBRUARY 17, 2022 Stated she is highly in favor of this program. She hopes everyone keeps an open mind that it may be expanded in some ways. There being no further discussion among the Commissioners, Mr. Alvarez called for a motion. A motion recommending Ordinance 0-22-03 — Proposed Land Development Code Amendment — Murals -- Sec. 54-5-2.2 and Sec 54-3-16.3 to City Council was made by Mr. Simmons and seconded by Mr. Carter. Roll Call Ms. Jordan (a) -- Yes Mr. Carter -- Yes Mr. Alvarez — Yes Mr. Simmons — Yes Ms. Kinchen -- Yes Ms. Kautenburg — Yes Mr. Christine (a) — Yes Vote was 7-0 in favor. Motion carries. At this time, Mr. Alvarez closed the Local Planning Agency hearing and reopened the Planning and Zoning Commission meeting. VII. Unfinished Business -- None Vill. Public Input — None IX. New Business -- None X. Commissioner Matters Ms. Kautenburg reviewed that, according to the City's Comprehensive Plan, the City will work toward creating, approving, or developing obtainable shelter. As most are aware, not just locally, but state-wide, and in particular our city, there is almost zero obtainable housing for people working in lots of areas. She further reviewed the research she has done on this subject. She hopes this Commission and City Council will focus on this subject. There was extended discussion among the Commission members and staff regarding this subject, and Ms. Frazier said that this subject is constantly being discussed by staff and the consultants, and it is a very important item. They are discussing an incentive program to present to developers. XI. Citv Attomev Matters — None PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING OF FEBRUARY 17, 2022 XIL Staff Matters -- None XIII. Adlourn There being no further business, Mr. Alvarez adjourned the meeting at 7:05 p.m. 0 jg Date: