Planning and Zoning Board Meeting
January 20, 2022 at 5:45 PM
Zoom Meeting Application Was Utilized for the Meeting
City Hall Commission Chambers
516 8th Avenue West
Palmetto, FL 34221
Planning and Zoning Board Members Present
Randy Iaboni, Chairman
William Price, III
Kera Hill, Development Services
Marisa Powers, City Attorney
Penny Johnston, Executive Assistant
Chairman Randy Iaboni called the meeting to order at 5:45 p.m. Chairman Iaboni by-passed the moment of silence and the Pledge of Allegiance. Roll call revealed all Board members were present. There were no guests in the room or on Zoom intending to address the Planning and Zoning Board.
1. PLANNING & ZONING BOARD AGENDA APPROVAL
MOTION: Mr. Price moved, Mr. Moore seconded, and the motion carried 5-0 to approve the January 20, 2022 Agenda.
2. APPROVAL OF MEETING MINUTES
MOTION: Mr. Price moved, Mr. Marchese seconded, and the motion carried 5-0 to approve the December 16, 2021 Minutes as written.
3. FLOODPLAIN ORDINANCE NO. 2021-02 (K.HILL)
Ms. Kera Hill, Development Services Supervisor, introduced the Floodplain Ordinance based on regulations from FEMA and other federal building agency requirements.
Mr. Price suggested adding a “Whereas clause” explaining that the City is being forced to adopt these changes. He also cited Sec. 14.33 regarding Flood Plain Administrator and Building Official requiring everyone to get a market value appraisal. He opined the term “substantial” is subjective.
Mr. Moore requested a definition of LIMWA. He asked if the City was adopting the LIMWA map, and if there was a way to attach the map to the Ordinance. He questioned the Limited Action Water Management or Limited Moderate Wave Action Line that has been drawn on the map. Attorney Powers stated the City will have to utilize the FEMA maps. Mr. Moore opined this Ordinance will make a significant portion of the Palmetto coastline feasibly unbuildable. The changes to the County map happened Aug 10, 2021 effectively stating if a structure in Flood Zone AE is seaward of this arbitrary line the property will be considered in a much more expensive B zone.
Ms. Powers stated it is easy enough to define LIMWA and describe its role. The City will have to check all the boxes when redrafting the ordinance, or the insurance rates will skyrocket.
Mr. Moore asked if a property owner had to sign a document stating the changes on their property would comply with this ordinance, and if that is an encumbrance on the property.
Mr. Marchese stated the Army Corps of Engineers sets the zone lines, coming down from FEMA. He opined it is very hard to avoid the encumbrance. The biggest problem will be for pre-existing property. Referencing Sec.7.33, as the property owner invests in the site, the Building Department will have to ascertain the value of the property at the date of application. 50% value improvement is the trigger point, forcing the property owner to bring the entire structure to current code. This upsets the “grandfathering” process. He opined the Property Appraiser Tax Records set the value of the structure. He agreed the City will need very, very clear maps.
Mr. Iaboni shared a number of concerns:
need page numbers
page 2, the fifth “whereas”- remove words at least
correct the word accumulation not cumulation earlier in the document
Sec. 14.3.5- asked if definition of facilities included houses
Sec. 14.33- asked if the Building Official is able to assess the value of the property. Market value is used as tax assessment value, but is defined differently.
Sec. 14.33- change shall to may
Ms. Hill commented that the City is very responsive and communicates frequently with the applicant.
Mr. Marchese questioned if the ordinance was written by FEMA
Mr. Price found at typographical error in Sec. 14.33.3- previously permits issued
Mr. Iaboni inquired in Sec. 14.37 about the Flood Plain Administer and Building Official determining substantial improvements / substantial damages or are they defined by FL Building Code, as detailed later in the document (see 7.33)
Mr. Iaboni continued in Sec. 2- who has to be notified with the change of water course?
Mr. Price asked about the Declaration of Land Restriction form as mentioned in Sec. 14.48.8. Mr. Moore asked that the Board receive a copy of the form.
Sec. 14.60.4- Mr. Iaboni asked for clarification on the Velocity Zone paragraph
Typographical error- Sec.14.48 correct the first sentence, last word- written by City
Discussion ensued about Sec. 14.62.4, but it was determined people should not alter sand dunes or mangrove stands, as they are regulated through other agencies
Sec. 14.102- terms not defined, 2nd page- accessory structures only used for parking or storage, is a FEMA thing
Mr. Price asked about Sec. 14.112.1 …and located in coastal high hazard, and 100 sq. ft.
In Sec. 14.127.2, Mr. Iaboni asked if parking should be specifically non-penetrable.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF PALMETTO AMENDING THE CITY OF PALMETTO CODE OF ORDINANCES, CHAPTER 14, FLOODPLAIN MANAGEMENT; ADOPTING UPDATED FEMA FLOOD INSURANCE ROUTE MAPS (FIRM); AMENDING SPECIFIC FLOOD MANAGEMENT DEFINITIONS; PROVIDING CRITERIA FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; PROVIDING FOR A ONE-YEAR PERIOD FOR CUMULATION OF SUBSTANTIAL IMPROVEMENTS; REQUIRING DECLARATION OF LAND RESTRICTION/NONCONVERSION AGREEMENTS FOR ENCLOSURES UNDER ELEVATED BUILDINGS; PROVIDING SPECIFICATIONS FOR ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREAS; PROVIDING FOR LOCAL AMENDMENTS TO THE FLORIDA BUILDING CODE FOR SIMILAR PROVISIONS IN CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Mr. Price moved, Mr. Marchese seconded, and the motion failed 2-3 to recommend against approval of Ordinance 2021-02 to the City Commission until the Board can approve maps. Mr. Iaboni, Mr. Moore, and Ms. Roberts voted nay.
MOTION: Mrs. Roberts moved, Mr. Moore seconded, and the motion carried 4-1 to recommend approval of Ordinance No. 2021-02 with maps and modifications. Mr. Price voted nay.
4. FINAL ORDER GRANTING APPROVAL OF AA 2021-03
The Planning and Zoning Board approved Administrative Appeal, AA 2021-03, Jon and Vicki Moore, located at 704 Riverside Drive West at the December 16, 2021 meeting.
Mr. Moore asked to recuse himself on this issue.
MOTION: Mr. Price moved, Mr. Marchese seconded, and the motion carried 4-0 to approve the Final Order Approving AA 2021-03.
5. NEW BUSINESS
6. OLD BUSINESS-
Mrs. Hill reported that the RM5/ RM6 discussion went before the Commission January 3, 2022 where they voted to authorize staff to amend the footnote to provide additional language to allow residents to utilize the RS4 requirements.
Mr. Iaboni adjourned the meeting at 7:05 p.m.