HomeMy WebLinkAbout04-21-2022 PZ MinutesCITY OF SEBASTIAN
PLANNING AND ZONING COMMISSIONILOCAL PLANNING AGENCY MINUTES
APRIL 21, 2022
I. Call to Order — Vice Chairperson Kautenburg called the meeting to order at 40
p.m. \
06 \\4 C )
It. Pledae of Allegiance was recited by all. m c �q C
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III. Roll CallA
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Present:
C Lo as
C0l
A G ~ m
Ms.
Kinchen
Mr. Christino (a)
S
d T gj
Mr.
Simmons
Mr. Lucier
C O,�m�
Ms.
Kautenburg
Ms. Battles
Rf (i �\ g
Mr.
Carter
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W C > >
Not Present:
C L ° m
CD
C N <<0
Ms.
Jordan (a)-- Excused
Mr.
Alvarez -- Excused
Also Present:
Ms. Lisa Frazier, Community Development Director
Ms. Dorri Bosworth, Community Development Manager
Mr. Manny Anon, Jr., City Attorney
Mr. Gary Vicars, MIS Technical Analyst
Ms. Janet Graham, Technical Writer
Dr. Mara Schiff, Indian River County School Board liaison, was not present.
IV. Announcements and/or Aaenda Modifications
Ms. Kautenburg announced that Ms. Jordan and Mr. Alvarez are excused from this
evening's meeting. Mr. Christino will be voting in Ms. Jordan's place. Ms. Kautenburg
also welcomed Ms. Battles to the Committee.
V. ADoroval of Minutes: Regular Meeting of March 17, 2022
Ms. Kautenburg asked if all the Commissioners have had a chance to review the Minutes
of the March 17, 2022 meeting. All indicated they had. There being no comments or
corrections, Ms. Kautenburg called for a motion. A motion approving the Minutes of
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2
MINUTES OF APRIL 21, 2022
March 17, 2022 as presented was made by Ms. Kinchen, seconded by Mr. Christino, and
approved unanimously via voice vote.
Ms. Kautenburg closed the Planning and Zoning Commission meeting and opened the
Local Planning Agency Hearing
AT THIS POINT, MS. BATTLES RECUSED HERSELF.
VI. Local Planninc Acencv I LPA1 Public Hearna
A. REMOVE FROM TABLE
1. Public Hearing -- Recommendation to City Council -- Ordinance
0-22-06 -- Land Development Code Amendment -- ARTICLE V
BY ADDING TRANSFER OF DENSITY AND DENSITY INCENTIVE
PROGRAM REGULATIONS; AMENDING ARTICLE XI BY ADDING
THE COASTAL HIGH HAZARD AREA; AND TO PROVIDE FOR
SEVERABILITY, CONFLICTS, CODIFICATION, SCRIVENER'S
ERRORS, AND AN EFFECTIVE DATE
Mr. Anon read the item into the record, and Ms. Kautenburg called for staff presentation.
Ms. Bosworth reviewed that this had been discussed at the March 170 meeting. At that
meeting, there were still some issues that the Commission wanted staff to look into
regarding possible revisions. A motion at that meeting was to table this item. At this time,
a motion is needed to take the item off the table and put it on the agenda for this hearing.
Ms. Kautenburg called for a motion on this item. A motion removing the above item from
the table and putting it back on the agenda for this meeting was made by Mr. Christino,
seconded by Ms. Kinchen, and approved unanimously via voice vote.
Ms. Frazier reviewed the history of this item, and that this ordinance was reviewed
thoroughly at the last meeting, and the option was provided for the Commission to table
it and to bring it up again at a time certain, which was at this meeting, in order to finalize
any discussion. Staff incorporated the changes that the Commission had recommended
at the previous meeting. Staff and the consultant reviewed both Section 54-2-5.16 as
well as Section 54-2-5.17 and Section 54-3-11.12 regarding the discussion that was had
at the last meeting. She stated that regarding Section 54-2-5.16, the Transfer of
Development Rights, there were very few changes that were made, or for the Coastal
High Hazard area. The majority of changes occurred in Section 54-2-5.17, Development
Incentives. There was discussion about whether we wanted to just delineate the
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3
MINUTES OF APRIL 21, 2022
potential benefits as far as what the incentives were —the public benefit infrastructure —
or attempt to put numbers to it. She cited some examples. She stated staff also found
that there were not many good examples from other municipalities or local governments
utilizing that. Staff felt that they should refer back to what is done today in the City's PUDs
in the assessments of the City's planned unit developments, giving them that flexibility
when they provide public infrastructure benefits. Staff felt that that would be the best way
to go about this. Staff has delineated the Public Benefit Infrastructure standards with
some positive ideas. It is not an exhaustive list, but it is a list that meets the items that
were put in the City's Comprehensive Plan and which staff has always measured as public
benefits during the PUD process. Staff did not allocate numbers to it, as that became
very cumbersome, and staff felt that that was not the correct way to proceed. That was
the biggest change that was made to that section and overall. Ms. Frazier then asked for
questions/comments from the Commission members. She added that Ms. Bosworth is
here also. She has been heavily involved with Kimley-Horn during this process, and she
is here to answer any questions the commissioners may have regarding this subject.
Ms. Bosworth followed up by explaining how the incentives would be managed. She
explained that when a project is presented to the City, staff is going to rely heavily on the
section that states that the developer has to submit to the City a development incentive
program. She stated that staff is going to look for very specific items that would be in a
development proposal that would then come to this Commission with the developer's
application such as a site plan or a subdivision, etc. so that this Commission can
determine, along with City Council, if this development program is warranting the amount
of increased density that they want.
Mr. Christino inquired if this is consistent with what was discussed recently. Ms. Frazier
said that it is. Mr. Christino asked if these parameters are for anyone who wants to
develop in the City, not just in the Coastal High Hazard area. Ms. Frazier said yes. She
also said the Coastal High Hazard area is only along Indian River Drive, which is
miniscule. She added that there are some areas along the River to the west in the City.
Ms. Frazier emphasized that these incentives are over and above what would be required
for a regular development plan such as sidewalks, etc.
Ms. Bosworth reviewed some examples. She emphasized that the land use is always
going to establish what density is allowed through the Comprehensive Plan.
Ms. Kautenburg asked if staff will be able to provide to the entity asking for incentives a
list of incentives as examples. Ms. Frazier said yes, that is what is in front of the
commissioners this evening. Ms. Kautenburg asked if the staff will be open to other
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4
MINUTES OF APRIL 21, 2022
suggestions, and Ms. Frazier answered yes. Ms. Kautenburg stated this is a good
beginning, but she does not think it will go very far in providing affordable housing in the
City. Ms. Bosworth stated that in the City's zoning districts there are specifics for new lot
sizes, what the setbacks must be, etc. Also, within the RM-8 district there are established
townhouse regulations She explained that in the new zoning district for RM-10 and mixed
use, there will be included attainable housing standards. Staff felt that that was a better
fit in the zoning districts versus the incentives. At that point, staff can set up affordable
housing for 5,000 square -foot lots, etc. Ms. Kautenburg agreed.
There being no further questions/comments from the commissioners, Ms. Kautenburg
called for public input on this issue. There being no public input, Ms. Kautenburg called
for a motion. A motion recommending to City Council approval of Ordinance 0-22-06 --
Land Development Code Amendment -- Article V by adding transfer of density and
density incentive program regulations; amending article XI by adding the Coastal High
Hazard Area; and to provide for severability, conflicts, codification, scrivener's errors, and
an effective date, in compliance with the Comprehensive Plan of the City, was made by
Mr. Christino and seconded by Mr. Carter.
Roll Call
Mr.
Christino (a) -- Yes
Ms.
Kinchen — Yes
Mr.
Lucifer — Yes
Mr.
Carter — Yes
Mr.
Simmons — Yes
Ms.
Kautenburg — Yes
Vote was 6-0 in favor. Motion carried.
At this point, Ms. Kautenburg closed the Local Planning Agency Public hearing and
reopened the Planning and Zoning Commission meeting.
VII. Unfinished Business — None
Vill. Public Input — None
IX. New Business — None
X. Commissioners Matters
Ms. Kinchen welcomed Ms. Battles to the Commission.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5
MINUTES OF APRIL 21, 2022
XI. Citv Attomev Matters — None
XII. Staff Matters — None
XIII. Adjournment
There being no further business, Ms. Kautenburg adjourned the meeting at 6:25 p.m.
A
19
Date:
APPOINTED OFFICERS (continued)
• A copy of the form must be provided Immediately to the other members of the agency.
• The form must be read publicly at the next meetng after the form Is filed.
IFY& MAKE•ND"ATTEMPI°TB�INFLUIENCE TIHF DitbiII04 EXCEPT BY DISCUSSION ATTHE MEETING:
• You must disclose orally the nature of your conflict In the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with Ilse pgrpon fasponsible for recordingAlke minutes e�lhe
meeting, who must Incombrbte theVomt In the inindtes. A copy or the forth mbst be pmMed immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the farm Is filed.
.. DISCLOSURE OF LOCAL OFFICER'S INTEREST
✓1w 1. 9"OL F-+tt{S , hereby disclose that on A Pp� ( 1 , 20 SZ:
(a) A measure came or will come before my agency which (check one or more)
✓ Inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ,
inured to the special gain or loss of my relative.
Inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of which
Is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure Is as follows:
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If disclosure of specific Information would violate confidentiality or privilege pursuant to law or miss governing attorneys, a public oiFcer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the Interest In such a way
as to provide the public with notice of the conflict.
•4,12-y I -L-7 _ �a�ll`VV �M3
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM BB- EFF. 10MO13 PAGE 2
Mooed by reference in Rule 34-7.01 Olt X0, FA.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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❑ ElECTTVE �APParrtwE
WHO MUST FILE FORM SB
This firm is for use by any person serving at the county, city, or other local level of government an an appointed or eleded board, council,
commission, authority, or committee. It applies to member; of advisory and non -advisory bodies who are presented with a voting conflict of
Interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced wgh voting on a measure In which you have a conflict of Interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the Instructions on this form before
completing and filing the toms.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would Inure to his or her speclgl.priyalergpin or los{. Each eleded, or appointed locatoffirar also MUST ABSTAIN from knowingly voting on
a measure which -would Inure to the spacial gain orld ot'g pdncosi {otherYhah WdWeMMgM ftenL•y'jlby wddmhetof,she.la retained
(including -lha`pardpl, subaidlely; prsibling orgeniiation-ollaprincipalpyyrhich he orehe is retained); to_the special private gain or loss of a
relative; or to the special pri0ale gain or loss of a business associate: OommissioneM of community redevelopment agencies (CRAs) under
Sec. 163.366 or.163.357,-F-K'and. efirers ofJndbpandant spedal.tax disbi6t.elecb d'on a.oneame obewote basis are not prohibited
fromyptlng in that capacity... . . .-
For purposes of this law, a mlative' ihdddes oily the officer's fatlleq mother, son, daughter, husband, wife, brother, sister, falher-in-law,
mother -In-law, son -In-law, and daughter-in-law A'business associale' means any person orentily, engaged'Jn )D Carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporstlon
are not listed on any national or regional stock exchange). t ,
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must diEdose the conflict:
PRIOR TO THE.VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you am
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should Incorporate the form in the minutes.
APPOINTED OFFICERS:,
Although you must abstain (rota voting -In the"situations described above, you are not prohibited by Sadion.112.3143 from otherwise,
participating In these matters. However, you mud disclose the nature of the conflict before making any attempt to Influence the decision,
whether orally or In writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the forth in the minutes. (Continued on page 2)
CE FORM 8B- EFF. 102013 PAGE i
Adopted by reference In Rule 34-7.010(1 fig, FA.C.