- Planning and Zoning Commission
- Planning Zoning Meeting April 21, 2021 6:00pm
Planning Zoning Meeting April 21, 2021 6:00pm
CITY OF TITUSVILLE
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
NOTICE OF REGULAR MEETING
April 21, 2021
555 S. Washington Avenue Titusville, Florida 32796
City Hall in Council Chambers
6:00 PM
Notice
In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all local, state, and federal laws and guidelines regarding social distancing rules, designated seating shall be provided for the public at Planning and Zoning Commission and other City Boards meetings. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items during the meetings in accordance with City of Titusville policies and Resolution No. 36-2020. No tripods, easels, props, or other demonstrative aids shall be brought into public meetings of Planning and Zoning Commission and City Boards. Speakers are permitted to have a sign with them during their designated speaking time provided that the sign is held by the speaker and is to be removed at the conclusion of their speaking time. Speakers who appear in person will be subject to screening for symptoms of COVID-19 and any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall or public meetings of Planning and Zoning Commission and City Boards. As an additional method for public participation, the public may submit written comments, via email to planning@titusville.com or by regular mail to Planning and Zoning Commission's attention at City Hall, 555 South Washington Avenue, Titusville, FL 32796. Written comments must be received by noon (12:00 p.m.) prior to the start of the meeting and include the senders name, address and the subject line must specify the agenda item being addressed. All comments will be disseminated to the Planning and Zoning Commission members and made a part of the public record prior to any action being taken.
All persons who anticipate speaking on any Public Hearing item must fill out an Oath Card to be heard on that agenda item and sign the oath contained thereon. These cards are located on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary. This meeting will be conducted in accordance to the procedures adopted in Resolution #24-1997
Those speaking in favor of a request will be heard first, those opposed will be heard second, and those who wish to make a public comment on the item will speak third. The applicant may make a brief rebuttal if necessary. A representative from either side, for or against, may cross-examine a witness.
Anyone who speaks is considered a witness. If you have photographs, sketches, or documents that you desire for the Commission to consider, they must be submitted into evidence and will be retained by the City. Please submit such exhibits to the Recording Secretary.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. DETERMINATION OF A QUORUM
5. APPROVAL OF MINUTES
A. March 17, 2021 Minutes
Approve
6. QUASI-JUDICIAL CONFIRMATION PROCEDURES
The following items are subject to quasi-judicial rules of procedure. Anyone wishing to speak on any of these items must first sign a Public Hearing Agenda Card and sign the oath contained thereon. Those speaking in favor of a request will be heard first. If you have photographs, sketches, or documents that you desire for Planning and Zoning to consider, they must be submitted into evidence and will be retained by the City. Submit these exhibits to the Recording Secretary.
7. CONSENT AGENDA ITEMS
8. OLD BUSINESS
9. NEW BUSINESS
A. Outdoor Areas of Seating
Discuss a draft ordinance amending Section 28-361 related to outdoor areas of seating, and provide input to staff.
B. Brewery Ordinance
Discuss the ordinance relating to breweries and provide input to staff.
10. PETITIONS AND REQUESTS FROM PUBLIC PRESENT AND PRESS
11. REPORTS
(a) City Council Summary of Action 03/23/2021
Informational Only
(b) City Council Summary of Action 04/13/2021
Informational Only
(c) CITY STAFF
(d) CITY ATTORNEY
(e) CHAIRPERSON
(f) MEMBERS
12. ADJOURNMENT
Any person who decides to appeal any decision of the Planning and Zoning Commission with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should at least 48 hours prior to the meeting, submit a written request to the chairperson of the meeting that the physically handicapped person desires to attend.
The Planning and Zoning Commission (P&Z) of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, located at 555 South Washington Avenue on Wednesday, April 21, 2021 at 6:00 p.m.
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Chairman Severs called the meeting to order at 6:00 p.m. Present were Vice Chairman Speidel, Secretary Richardson, Member Porter, Member Grant, Member Rice, Alternate Member Childs and Alternate Member Riley. Member Parrish was absent. Also in attendance were Senior Planner Eddy Galindo, Planner Navael Fontus, Assistant City Attorney Chelsea Farrell, and Recording Secretary Laurie Dargie.
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Secretary Richardson made a motion to approve the March 17, 2021 regular meeting minutes. Vice Chairman Speidel seconded. There was a unanimous voice vote in favor.
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Quasi-Judicial Confirmation Procedures
Chairman Severs said there were no Quasi-Judicial items.
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Chairman Severs said that it is Alternate Member Riley’s turn to fill in as the voting member at tonight’s meeting.
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Consent Agenda Item
None
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Old Business
None
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New Business
Outdoor Areas of Seating (Video start time 00:08:22)
Ted Garrod of 124 Park Lane Titusville, Florida came to speak neither for nor against this item. Mr. Garrod said he has concerns about the noise ordinance and the outdoor seating ordinance not jiving. Mr. Garrod brought up the music and noise from Harley Davidson.
Mr. Galindo said that Harley Davidson obtains special event permits for the times they have music etc. outside.
Secretary Richardson said that the distance requirement that was discussed at the February 3, 2021 Planning and Zoning Commission meeting was not included in the ordinance.
Discussion took place regarding this item.
Stuart Buchanan of PO Box 1545 Titusville, Florida came to speak neither for nor against this item. Mr. Buchanan asked if this ordinance would impact the existing restaurants if there is no expansion done. Mr. Galindo said if there is no expansion to the current site, there would be no impact.
Cathy Musselman of 2520 #50 S. Washington Avenue Titusville, Florida came to speak neither for nor against this item. Ms. Musselman said that Harley Davidson does obtain special event permits for the music etc.
Jason Reichman 3 Indian River Avenue #306 Titusville, Florida came to speak against this item.
Louis Sanders 3410 Sunset Mims, Florida came to speak neither for nor against this item. Mr. Sanders said he does not want this ordinance to impact negatively his business at Shiloh’s. He said that businesses need to be allowed to have music and outdoor seating for the young people who want to stay out late and enjoy dinner and drinks with music.
Kyle Sanders 3508 Sunset Avenue Mims, Florida came to speak against this item. Mr. Sanders said that he would not want this ordinance to reduce the hours of operation because they need the business and restaurants endured a hard year from the pandemic. Mr. Sanders said they need to retain the hours of operation and outdoor seating. Mr. Sanders said that they have an extended hours of operation permit to stay open and serve alcohol.
Laurilee Thompson 3550 Irwin Avenue Mims, Florida came to speak against this item. Ms. Thompson said this ordinance does not impact Dixie Crossroads at this time, however she would like the opportunity in the future to have outdoor seating available and does not want the ordinance to impact restaurants negatively.
Discussion took place in regards to this item.
Concerns that were brought up were regarding amplified music, enforcement, having the outdoor seating ordinance and the noise ordinance as separate ordinances but working together to not contradict each other.
(Video start time 01:17:25)
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Secretary Richardson made a motion to table the draft ordinance relating to Outdoor Areas of Seating so that Staff can adequately address outdoor areas of seating, noise ordinance and brewery pub ordinance. The ordinances should be addressed separately. Vice Chairman Speidel seconded.
Member Rice said to be careful with outdoor seating and where the distance is because it is related to noise, they need to be separated from an ordinance standpoint but from a decision standpoint they can’t be separated, they need to go hand in hand.
Roll call was as follows:
Member Riley Yes
Secretary Richardson Yes
Member Porter Yes
Member Grant Yes
Member Rice Yes
Vice Chairman Speidel Yes
Chairman Severs Yes
Motion passed.
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Brewery Ordinance (Video start time 01:22:16)
Mr. Fontus gave an overview of this item.
Discussion took place regarding this item.
Assistant City Attorney Farrell said that there was a request to City Council to review the hours of alcohol sales in Titusville. Assistant City Attorney Farrell said this will be coming before City Council at their next meeting.
Secretary Richardson would like to see the ordinances simplified so that they are easier to understand.
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Member Rice made a motion to approve the draft brewery ordinance. Member Grant seconded.
Roll call was as follows:
Member Grant Yes
Member Riley No
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice Yes
Member Porter Yes
Chairman Severs Yes
Motion Passed with 6 yes, 1 no vote.
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(Video start time 01:48:14)
Petitions and Requests from Public Present
Stan Johnston of 860 Poinsettia Avenue Titusville, Florida came to speak. Mr. Johnston spoke about Park Preserve, water shed, flood zones and errors in the Comp Plan, Development Plans and Construction Plans.
Secretary Richardson made a motion to extend Mr. Johnston’s speaking time by one (1) minute. Member Grant seconded.
Roll call was as follows:
Secretary Richardson Yes
Member Porter Yes
Member Rice Yes
Member Riley Yes
Vice Chairman Speidel Yes
Member Grant Yes
Chairman Severs Yes
Motion Passed.
Secretary Richardson asked if Park Preserve had a tree survey and protected species survey done. Member Rice said yes, Park Preserve did have a tree survey and protected species survey done and the project was approved and the code was followed.
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Ted Garrod of 124 Park Lane Titusville, Florida came to speak. Mr. Garrod spoke about how ordinances can have adverse effects on the City when they impact existing businesses negatively.
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(Video start time 01:59:40)
Reports
City Council Summary of Actions March 23, 2021
Informational only.
City Council Summary of Actions April 13, 2021
Informational only.
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Assistant City Attorney Farrell mentioned that a request came from a citizen to City Council to review the sell of alcohol hours.
Assistant City Attorney Farrell said that the Tree Ordinance will be brought up at the May 5, 2021 Planning and Zoning Commission meeting and City Council will hear the Tree Ordinance at the July 27, 2021 meeting.
Mr. Galindo said that the delay from May 5, 2021 Planning and Zoning Commission meeting and the July 27, 2021 City Council meeting is that City Council typically cancels their second meeting in June.
Secretary Richardson made a motion to request that Peggy Busacca attend the May 5, 2021 Planning and Zoning Commission meeting. The motion failed due to a lack of a second.
Member Riley said she does not feel that a motion should be made to request Ms. Busacca’s presence at the Planning and Zoning Commission meeting, but Staff could pass along a request to strongly encourage her to attend.
Chairman Severs asked if the large podium will be brought back to the Council Chamber because he feels that the small podium makes it difficult for those who would like to present items and need additional space to spread out their paperwork.
Chairman Severs asked if Staff will be giving the Titusville Environmental Commission’s recommendations to the Planning and Zoning Commission to review before the May 5, 2021 Planning and Zoning Commission meeting. Mr. Galindo said yes. Chairman Severs said he would also like to hear from Member Rice regarding the Titusville Environmental Commission’s recommendations since he serves on both of the Commissions. Member Rice said he will be happy to fill in the gap when needed. Member Rice said he also requested that Staff layout the recommendations in an easy to read format to help with reviewing the information easier.
Chairman Severs asked that the Planning and Zoning Commission meeting on May 5, 2021 start at 5:30pm instead of 6:00pm since it will be a long meeting.
Chairman Severs, Secretary Richardson, and Vice Chairman Speidel strongly encouraged everyone to take a ride to look at the Brookshire site.
Chairman Severs also suggested that the Planning and Zoning Commission members take a look at the site plans for the new developments such as Park Preserve, Forest Trace, South Carpenter Estates, Brookshire etc.
Chairman Severs would also suggest that Staff look at grandfather provisions relating to developers because developers should be on notice that once the ordinance passes they need to comply with the ordinance at that time.
Chairman Severs asked that the Planning and Zoning Commission members come prepared to speak about a list of priorities that the Commission feels should be addressed during future meetings. Chairman Severs asked that the Commission members be prepared for this discussion at the May 19, 2021 meeting.
Member Grant said he appreciated the information from Kay St. Onge from the Titusville Environmental Commission meeting.
Secretary Richardson gave a handout copy from the Titusville Talking Points to the Planning and Zoning Commission members to review regarding projects taking place in Titusville.
Member Riley suggested that the Planning and Zoning Commission come prepared on May 5, 2021 to take action and make the final recommendations to move the Tree Ordinance along to City Council. Member Riley asked Chairman Severs if the Planning and Zoning Commission will be recommending their final product on May 5, 2021, Chairman Severs said no, he thought there would be two or three more meetings.
Adjournment 8:30pm