SME  22 S Orange St) Fellsmere, Florida 32948 Telephone: (772) 646-6319 Fax: (772)646-6359  AGENDA  PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MEETING  WEDNESDAY DECEMBER 18, 2024-5:05P.M.  1. CALLTO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC HEARING:  a) RESOLUTION NO. 2024-84 A RESOLUTION OF THE PLANNING AND ZONING COMMESIONLOCAL PLANNING AGENCY FOR THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, RECOMMENDING THE ADOPTION OF ORDINANCE NO. 2024-27 AMENDING ARTICLE III ESTABLISHMENT OF ZONING DISTRICT AND MAP, SECTION3.6 ESTABLISHMENT OF SIZE AND DIMENSION CRITERIA, TABLE 3D. DIMENSIONAL STANDARDS, RESIDENTIAL DISTRICT OF THEL LAND DEVELOPMENT CODE OF THE CITY OF FELLSMERE, FLORIDA.  5. NEW BUSINESS:  a) Discussion to make ai recommendation to City Council to amend the City of Fellsmere Land Development Code, Section 18-33 Fee Schedules.  b) Election of Chair and Vice Chair Johnathan Rhodeback.  c) Sunshine Law & Guide to the Code of] Ethics Presented by City Attorney  6. PUBLIC COMMENTS: 7. NEXT MEETING: 8. ADJOURNMENT:  1    Pursuant to Section 286.0105, Florida: Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting orh hearing, he or she will need ar record of the proceedings, and that, for such purpose, he or she may need to ensure that ay verbatim record of the proceedings is made, whichrecord In accordance with the Americans with Disabilities Act and Section 286.26 Florida Statutes, any personwhor may needs special accommodations. or translators fort this meeting must contacti the City Clerk's Office at (772) 646-6301 or the TDDI Line 772-783-6109 at least 48 hours in advance of the meeting. Copies of the proposed Ordinance and Resolution are available for reviewi in the Office oft the City Clerk, 22 S. Orange Street, Fellsmere FL betweent the hours of 8:30 a.m. and 12 noon and 1:00 p.m. and 5:00 p.m., Monday through Friday. Inferested parties may appear at ther meeting and be heard with respect to the proposed Ordinance and Resolution. The City Clerk must receive written comments at least 3 days prior De conformidad conl la Seccion 286.0105 del los Estatutos del lal Florida, la Ciudadi informa alp publico de que:Siuna persona decide apelar una decisiontomada: por laj junta, agencia o comision con respecto ao cualquier asunto considerado en dicha reunion o audiencia, necesitard un registro de los procedimientos, y que, parai talfi fin, élo ella puede necesitar asegurarse de que ser realice un registrol literal de losp procedimientos.regstroqueinclvygeltesimonioylaevidenci: sobre la cuals se! basaral laapelacion. De acuerdo con la Ley de Estadounidenses con Discapacidades y la Secciôn 286.26 de los Estatutos de la Florida, las personas con discapacidades que necesiten adaptaciones especiales para participar en esta reunion deben comunicarse con la secretonamunicipal. al (772) 646-6301 o comunicarse Copias de las propuestas Ordenanzas y /o Resoluciones estan disponibles para SU revision en la Oficina de la: secretaria municipal de la ciudad, 22 S. Orange Street, Fellsmere FL entre las 8:30 a.m. y 12 mediodia y 1:00, p.m. y 5:00 p.m. de lunes a viernes. Las personas interesadas pueden asistir al la reuniony ser escuchadas con respecto al las propuestas de las Ordenanzas y Resoluciones. La secretaria municipal debe recibir comentarios por escrito alr menos tres (3) dias antes del las reuniones del Consejo.  includes the testimony ande evidence upon which the appeal is to be based.  to the Council meetings.  con! lal Lineal IDD772-783-6109, alr menos 481 Horas antes de lar reunion.  P8Z12182024AGENDA.DOC  2    PLANNING COMMISSIONLOCAL PLANNING AGENCY  4la  REGULAR MEETING CITY COUNCIL CHAMBERS MEETING DATES  PZ: December 18, 2024.  COUNCIL: December 19, 2024  REQUEST: Hear Resolution #2024-84 and make recommendation to City Council to adopt Ordinance #2024-27. Af formal request to change the side corner setback from 25' to 15' in the R-1 Single Family Residential zoning district- which will match the side corner setbacks for other similar residential districts REASON FOR REQUEST: The city was originally platted in smaller 25' or 50' wide lot segments. The original plat did not account for corner lots and, as a result, many corner lots share the same width as neighboring interior lots but are somewhat hindered from development as they have a 25' side corner setback imposed on them. The proposed code change would allow a reduction in the side corner setback from 25' to 15' which would allow future home builders to have a greater flexibility when siting their properties for new homes. It should be noted that other municipalities with pre-platted lots typically create larger corner lots to compensate fori increased setback requirements. In the case of Fellsmere's platted lots, there was no provision for the increased lot size as the lots were platted long before the DESCRIPTION: The proposed code change would change the side-corner setback from 25' to 15'. The change would match all other side-corner setbacks found in other residential zoning districts int the city.  in the City.  zoning code or setbacks regulations were imposed on property owners.  CONCURRENCY ISSUES: Water- - N/A. Sewer - N/A. Transportation - N/A. Stormwater - N/A. Solid Waste = N/A. Recreation - N/A. Public Schools - N/A.  CONSISTENCY WITH COMPREHENSIVE PLAN: Yes.  CONDITIONS OF APPROVAL: N/A. approval of the Resolution.  STAFF RECOMMENDATION: Recommend the Planning and Zoning Board recommend City Council RECOMMENDED PZ/LPA MOTION/ACTION: Via Resolution #2024-84, recommend the City Council  approve the Resolution set forth in City Council Ordinance #2024-27.    10-30-2024  RESOLUTION NO. 2024-84  A RESOLUTION OF THE PLANNING AND ZONING COMMISSIONIOCAL PLANNING AGENCY FOR THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, RECOMMENDING THE ADOPTION OF ORDINANCE NO. 2024-27 AMENDING ARTICLE III ESTABLISHMENT OF ZONING DISTRICT AND MAP, SECTION 3.6 ESTABLISHMENT OF SIZE AND RESIDENTIAL DISTRICT OF THE LAND DEVELOPMENT CODE OF THE  DIMENSION CRITERIA, TABLE 3D. CITY OF FELLSMERE, FLORIDA.  DIMENSIONAL STANDARDS,  WHEREAS, the Planning and Zoning Commission/Local Planning Agency held an advertised public hearing to consider the adoption ofamendments to the Land Development Code  ofthe City of] Fellsmere, Florida ("Land Development Code"); and  WHEREAS, the Planning and Zoning Commission/Local Planning Agency has determined that the proposed amendments tot thel Land Development Code as set forthi in Ordinance  No. 2024-18 are necessary and appropriate.  NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning SECTION1. The Planning and Zoning Commission/Local Planning Agency for the City of Fellsmere, Florida, held a Public Hearing and heard comments from the public on  Commission/Local Planning Agency for the City of Fellsmere, as follows:  2024.  SECTION2. The Planning and Zoning Commission/Local Planning Agency for the City of Fellsmere, Florida, recommends to the City Council that they adopt Ordinance No. 2024-27  amending the Land Development Code.  SECTION: 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Commission Member  The motion was seconded by Commission and, upon being put to a vote, the vote was  Member as follows:  Chair, Revis "Buddy" Akers Commission Member Michael Barone Commission Member Jose Cardozo Commission Member Michael T. Ruehman Commission Member Claudia Luna Alternate Commission Member Dominic Foti Alternate Commission Member Vacant   Pagelof2-    10-30-2024  The Chairman thereupon declared this Resolution fully passed and adopted this  day of  2024.  PLANNING & ZONING COMMIESIONLOCAL PLANNING AGENCY CITY OF FELLSMERE,  FLORIDA  Revis "Buddy" Akers, Chairman  ATTEST:  Dulce Villasenor, Commision/Agency Secretary  2024.04.16 Matter No. 99-010-24 Resolution! No. 2024- LDC amend artI IIII Establishment ofz Zoning District and Map Table3 3D.  - Page 2of2-    11-25-2024  ORDINANCE No. 2024-27  AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF FELLSMERE LAND DEVELOPMENT CODE BY AMENDING TABE 3D DESIGN STANDARDS REGULATIONS, R-1, SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, SIDE CORNER SETBACK REGULATIONS; PROVIDING FOR RATIFICATION: PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE; PROVIDING FOR AMENDMENT; PROVIDING FOR AUTHORIZATION TO INCLUDE IN THE CODE; FURTHER PROVIDING FOR SEVERABILITY,  CONFLICI,AND AN EFFECTIVEDATE.  WHEREAS, the City ofl Fellsmere, Florida is a duly constituted municipality having such powers and authority conferred upon it by the Florida Constitution and Chapter 166 Florida  Statutes; and  WHEREAS, the Planning and Zoning Commission/Local Planning Agency held a duly Development Code as set forth in Exhibit "A" attached hereto and by this reference made a part hereof, were consistent with the Comprehensive Plan and applicable provisions of the Land Development Code and recommended that the City Council approve the changes; and  noticed public hearing on  2024, made a finding that the changes to the Land  WHEREAS, the City Council held duly advertised public hearings, made a finding that the changes to the Land Development Code as set forth in Exhibit "A" were consistent with the Comprehensive Plan and applicable provisions of the Land Development Code; and  WHEREAS, the City Council has determined that the changes made to the Land Development Code as set forth in Exhibit "A" are in the best interest of the public health, safety, environmental and general welfare of the residents of the City and that it is appropriate to adopt  these amendments to the Land Development Code.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTION 1. RATIFICATION. The above recitals are hereby ratified, adopted and  OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:  incorporated herein as legislation findings of the City Council.  SECTION2. CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE. The amendments to Article XV Subdivision Plat Regulations, Section 15.2 Exemptions to Subdivision Plat Review of the Land Development Code as set forth in) Exhibit "A"are consistent with the Comprehensive Plan and applicable provisions ofthe Land Development Code of the City of Fellsmere. The following findings of facts are made in  accordance with Section 17.17 ofthe Land Development Code.    1. 2. 3. 4. 5.  The amendments are not in conflict with any applicable portions of the Land The amendments are consistent with all elements of the City of Fellsmere The amendments are consistent with existing and proposed land uses within the The changing conditions within the City will support the amendments; The amendments will not result in excessive demands on public facilities, and the amendments will not exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit and emergency medical facilities; The amendments will not result in significant adverse impacts on the natural The amendments will result in an orderly and logical development pattern for The amendments will not be in conflict with the public interest, and are in harmony with the purpose and interest ofthe Land Development Code.  Development Code; Comprehensive Plan;  City;  6. 7. 8.  environment; the City;  SECTION 3. AMENDMENT. That, Section 3, Table 3D, Design Standards of the City of Fellsmere Land Development Code is hereby amended to read as set forth in Exhibit "A" attached hereto and by this reference made a part hereof, and all of such revised,  amended and new provisions are hereby adopted.  SECTION 4. AUTHORIZATION TO INCLUDE IN THE CODE. The revised, amended and new provisions of Section 3, Table #D Design Standards as set forth in Exhibit"A" shall be included and incorporated in the City of Fellsmere Land Development Code and to the extent necessary shall be numbered and titled in accordance with the numbering and titling  system oft the Land Development Code.  SECTION. 5. SEVERABILITY, Ifany section, part ofas sentence, phrase or word ofthis Ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereofand it shall be construed tol have been the legislativeintent toj pass this Ordinance without such unconstitutional, invalid or inoperative part.  SECTION6. CONFLICT. All ordinances or parts ofc ordinances in conflict herewith are  repealed to the extent of conflict.  Page 2of3    SECTION7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon The foregoing Ordinance was moved for adoption by Council Member  its adoption.  The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows:  Mayor, Jessica Salgado Council Member Fernando Herrera Council Member Inocensia Hernandez Council Member Shayla Macias Council Member Ben Baker  The Mayor thereupon declared this Ordinance fully passed and adopted this  day  of  2024.  CITY OF FELLSMERE, FLORIDA Jessica Salgado Mayor  ATTEST:  Maria Suarez-Sanchez, City Clerk  IHEREBY CERTIFY that Notice of the public hearing on this Ordinance was published in the Press Journal, as required by State Statute, that the foregoing Ordinance was duly passed  and adopted on the was held on the was held on the  day of day of day of 2024.  2024, and the first reading 2024, and the public hearing  2024 and the day of  second and final reading and public hearing was held on the  Maria Suarez-Sanchez, City Clerk  R.Loring generated Ordianance forl LDC changes tos setback standards  Page3of3    EXHIBIT"A" TO ORDINANCE CNO.2024-27            Ea   5  i 3  n  ER  U in  Ea  S S 5  in  in 3    53 i 5    d  2   in  N 00  n  in  in  A  &  A  R  A    &    R    Slo)  PLANNING COMMISSIONLOCAL PLANNING AGENCY  REGULAR MEETING CITY COUNCIL CHAMBERS MEETING DATES  PZ: December 18, 2024,  COUNCIL: January 23, 2025  REQUEST: A discussion to make a recommendation to City Council to amend the City of Fellsmere Land Development Code, Section 18-33 Fee Schedules to provide new language that allows the Building Official to utilize the International Code Council (ICC) building valuation data (BVD) to establish actual real costs associated with new construction for the purpose of fair and equitable fee structures for Building Permit REASON FOR REQUEST: In the past, there has been several instances where building permit applications have been undervalued to such an extent that it results in building fees being collected to projects that do not accurately reflect actual building costs for new construction. Byi implementing the ICC building valuation data, it will allow for an un-biased evaluation of new construction costs and creates a fair, equitable fee schedule for all new building construction. The ICC would be used only for new construction- renovations and other building related applications will still rely on the applicant affirming their stated construction costs which are reviewed and approved by the Building Official. DESCRIPTION: The proposed code change is enclosed in strikethrough and underline format. The change would direct the Building Department to implement the ICC Building Valuation Data upon  applications.  adoption of the ordinance. CONCURRENCY ISSUES: Water-NIA. Sewer-N/A. Transportation - N/A. Stormwater - N/A. Solid Waste = N/A. Recreation - N/A. Public Schools = N/A.  CONSISTENCY WITH COMPREHENSIVE PLAN: Yes.  CONDITIONS OF APPROVAL: N/A.  STAFF RECOMMENDATION: make recommendations to City staff for a future Resolution. RECOMMENDED PZ/LPA MOTIONACTION: Discussion item only, it requires no action to City Council  at this time.    Proposed Code Changes- Exhibit' 'A'  Sec. 18-33.- - Fee: schedule.  ALU new construction be evaluated underi the ICC (Internation Code Council) building valuation data (BVD) to assess permit fees accurately: and fairly. AIL Unless-otherwise specified,ali fees and charges for administering and reviewing the construction related codes set forth in this chapter, including re-inspection fees and/or other charges shall be established by resolution and shall be paid prior to release ofa (Ord. No. 09-12,53,10-1-2009; Ord. No. 2017-24, S 2(Exh. A), 1-11-2018)  permit or prior to final inspection(s) as applicable.    5lc)  SUNSHINE LAW/CODE OF ETHICS FUNDAMENTALS OF FLORIDA LAW  Review Summary  SUNSHINE LAW  The Sunshine. Law says:  All meetings of any board or commission of any agency or authority of any county, municipal corporation, or political subdivision at which official acts are to be taken are declared to bej public meetings open to thej public at allt times, andi nor resolution, rule, or formal action shall be considered  binding except as taken or made at such meeting. There are three basic requirements ofThe Sunshine Law: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken.  The Sunshine. Lawi is applicable to anys gathering, whether formal or casual, oftwo or more members oft the same board or commission to discuss some matter on whichforeseeable. action willl bet taken The following are examples of forms of communications where the Sunshine Law would apply:  by the public board or commission.  (1) Use of memoranda  The use oft memoranda among members ofap public board or commission to avoid a public meeting may constitute a violation of the Sunshine Law even though two members oft the board are not physically present. Ifa memorandum reflecting the views ofab board member on an issue pending before the board is circulated among the board members with each indicating his or her approval or disapproval and, upon completion oft the signatures, the memorandum has the effect ofbecoming the official action oft thel board, there is a violation However, the use ofa written report by one commissioner toi inform other commissioners of asubject which will be discussed at aj public meeting is not a violation oft the Sunshine Law ifprior to the meeting there is no interaction related to the report among the commissioners.  oft the Sunshine Law.  (00091562.DOC.I)  -1-    Ins such cases, the report, which is subject to disclosure under thel Public Records] Law, is not being used as a substitute for action at a public meeting inasmuch as there is no interaction among the commissioners prior to the meeting. If, however, the report is circulated among board members for comments with such comments being provided to other members, therei is interaction among the board members which is subject to the Sunshine Law.  Use of computers  The use of computers to conduct public business is now commonplace. While there is no provision generallyp prohibiting the use ofcomputers to carry out public business, theiruseb by members ofap public board or commission to communicate through email, texti messaging or otherwise among themselves on issues pending before the board, or on which forseeable  action will be taken by the Board is subject to the Sunshine Law.  (3) Telephone/Cell Phone Conversations  The Sunshine Law applies to the deliberations and discussions between two or more members ofal board or commission on some matter which: foreseeably will comel before that board or commission for action. The use ofai telephone to conduct such discussions does not  remove the conversation from the requirements of the Sunshine Law.  (4) Delegation of authority to single individual  The Sunshine Law also applies when an individual has been delegated the authorityto: act on behalfofa public board or commission covered by the Sunshine Law. Therefore, by way of example, the Sunshine! Law would applyt to meetings ofas singler memberofal board whol had been delegated thel boards authority to lease landi relating to thati issue. Thus, thei negotiations by that board member for the lease ofl land would have to be conducted in the sunshine. Ifthe council member has been authorized, formalyorinformaly, to exercise any decision- making authority on behalf oft the council, such as approving or rejecting certain contract provisions, he is acting on behalf of the council and such meetings are subject to the Sunshine! Law. However, when an individual has only! been authorized to gatherinformation  for the board, the Sunshine Law would not apply. (5) Use of nonmembers as liaisons between board members  The Sunshine Lawi is applicable to meetings betweena al board member and ani individual who is not a member of the board when that individual is being used as a liaison between  members oft the board.  (00091562.DOC.1)  2-    ETHICS LAW  The ethics laws generally consist oft two types of provisions, those prohibiting certain actions or conduct and those requiring that certain disclosures be made to thej public. Thel laws apply generally toa all public officers and employees, state and local, including members ofadvisorybodies.  PROHIBITED ACTIONS OR CONDUCT: (1) Solicitation and Acceptance of Gifts  Public officers, employees, local government: attorneys, and candidates are prohibited from soliciting or accepting anything of value, such as a gift, loan, reward, promise of future employment, favor, or service, that is based on an understanding that their vote, official A person required to file FORM1 1 is prohibited from directly or indirectly acceptingag gift worth over $100 from al lobbyist, from a partner, firm, employer, or principal ofthel lobbyist, or from: aj political committee or committee ofcontinuous existence. (Council members and city boarlcommisolcommite members are all required to file FORM1)  action, or judgment would be influenced by such gift.  (2) Unauthorized Compensation  Public officers or employees, local government attorneys, and their spouses and minor children are prohibited from accepting any compensation, payment, or thing of value when theyl know, or with the exercise ofreasonable care: should know, thati iti is given toi influencea  vote or other official action. (3) Misuse of Public Position  Public officers and employees, and local government attorneys are prohibited from corruptly using or attempting to use their official positions to obtaina as special privilege for themselves  or others.  (4) Disclosure or Use of Certain Information  Public officers and employees, andl local government: attorneys are prohibited from disclosing or using information not available to the public and obtained by reason of their public  positions for the personal benefit oft themselves or others.  (00091562.DOC.I)  3-    VOTING CONFLICTS OF INTEREST  Noi member ofany municipal governmental board who is present at any meeting where any official action is to be taken may abstain from voting, except when there is or appears to be a possible NOCOUNTY, MUNICIPAL, or other LOCALI PUBLIC OFFICER shall vote in an capacity upon any measure which would inure tol his or her special private gain or loss, or which the officer knows wouldi inure to thes special private gain orl loss ofanyP PRINCIPAL by whom he orshe ist retained, oft thel PARENT ORGANIZATION or SUBSIDIARY ofa CORPORATEI PRINCIPAL bywhich! he or she is retained, ofal RELATIVE, or ofal BUSINESS ASSOCIATE. The officer must publicly announce the nature ofhis or her interest before the vote and must file a memorandum of voting conflict on Commission: FORM 8B with the meeting-s recording officer within 15 days after  conflict ofinterest.  official  the vote occurs disclosing the nature of his or her interest in the matter.  (00091562.DOC.I)