- Planning and Zoning Commission
- Planning & Zoning Meeting May 5, 2021
Planning & Zoning Meeting May 5, 2021
CITY OF TITUSVILLE
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
NOTICE OF REGULAR MEETING
May 5, 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. April 21, 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. Tree Protection Ordinance
Review the tree protection ordinance and TEC recommendation. and provide a recommendation to City Council.
The Tree Protection Ordinance has been advertised to be considered by the City Council on July 27, 2021 beginning at 6:30 PM.
10. PETITIONS AND REQUESTS FROM PUBLIC PRESENT AND PRESS
11. REPORTS
(a) CITY STAFF
(b) CITY ATTORNEY
(c) CHAIRPERSON
(d) 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, May 5, 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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Member Grant made a motion to approve the April 21, 2021 regular meeting minutes. Member Porter 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 Child’s turn to fill in as the voting member at tonight’s meeting.
Chairman Severs stated that each public speaker will be given five minutes to make their presentations.
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Consent Agenda Item
None
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Old Business
None
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New Business
Tree Protection Ordinance (Video start time 00:09:46)
Chairman Severs provided handouts that he prepared to the Planning and Zoning Commission members and Staff.
Mr. Galindo gave a PowerPoint presentation.
Member Rice gave a brief overview of the Titusville Environmental Commission’s recommendations. Chairman Severs asked if Member Rice believes the minutes from the April 14, 2021 Titusville Environmental Commission meeting are accurate. Member Rice said they are in draft form and will not be approved until the May 12, 2021 meeting, but he feels they are accurate.
Kay St. Onge of Maryland Avenue Titusville, Florida came to speak for this item.
Mary Murray of 1765 Lakeside Drive Titusville, Florida came to speak against this item. Ms. Murray provided a handout.
Leland Chemerys of 1350 N. Carpenter Road Titusville, Florida came in after the meeting start and submitted a speaking card to speak for this item.
David Mandernack of 2645 Slash Pine Court Titusville, Florida came to speak against this item.
Toni Shifalo of 715 Tropic Street Titusville, Florida came to speak neither for nor against this item.
Mary Sphar of 825 Clifton Cove Court Cocoa, Florida came to speak neither for not against this item. Ms. Sphar provided a handout with her specific recommendations to be made on the staff version of the tree ordinance.
Member Rice made a motion to allow for an additional two minutes of speaking time. Vice Chairman Speidel seconded. There was a unanimous voice vote.
Ms. Sphar continued to speak.
Member Rice asked Ms. Sphar questions about her handout. Member Rice asked Ms. Sphar if in Section 30-31.5 (b)(1) if this is talking about existing canopy or mature canopy. Ms. Sphar referred Member Rice to Appendix A.
Member Rice asked how often are aerials done to look at tree canopy. Mr. Galindo said that Brevard County Property Appraisers updates their aerial images annually.
Chairman Severs suggested that the tree canopy be measured as it exists today.
Chairman Severs said according to Rick Kern, the County does aerials every three years.
Mr. Galindo read the percentages of tree canopy from other municipalities.
Michael Gaich of 3019 Wyndham Way Melbourne, Florida came to speak neither for nor against this item.
Member Grant made a motion to allow for an additional minute of speaking time. Member Rice seconded.
Laurilee Thompson of 3550 Irwin Avenue Mims, Florida came to speak neither for nor against this item.
Chairman Severs asked if the Planning and Zoning Commission would like to adopt a baseline version and then work on any changes to that version.
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Member Rice made a motion to approve the staff version of the tree ordinance as a baseline ordinance. Member Porter seconded.
Roll call was as follows:
Secretary Richardson No
Member Porter Yes
Member Childs Yes
Member Grant Yes
Member Rice Yes
Vice Chairman Speidel Yes
Chairman Severs Yes
Motion passed with a 6 yes, 1 no.
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Chairman Severs said he suggested that there be a WHERE AS for finding of fact for the current tree canopy.
Discussion took place on percentages regarding tree canopy.
Assistant City Attorney Farrell read language from the University of Florida IFAS pertaining to tree canopy percentages in Palm Bay, Melbourne and Titusville.
Chairman Severs asked that the City Attorney’s office come up with language regarding tree canopy percentages.
Discussion took place regarding Section 1, Section 30-31.
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Vice Chairman Speidel made a motion that heritage trees be no smaller than 33 inches. Secretary Richardson seconded.
Discussion followed.
Member Porter suggested that the heritage tree remain at the 32 inches.
Roll call was as follows:
Member Grant Yes
Secretary Richardson Yes
Member Childs Yes
Vice Chairman Speidel Yes
Member Rice No
Member Porter No
Chairman Severs Yes
Motion Passed with a 5 yes, 2 no vote.
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Discussion took place regarding the critical root zone (CRZ) and drip lines.
Member Rice pointed out differences in calculation when using radius verses diameter.
Chairman Severs read a sentence from a document Mr. Kern recommended for Section 30-31 (G)(2). Chairman Severs said he doesn’t hear any Commission member against using this language from Mr. Kern and said there is consensus to use this language.
Member Rice brought up Section 30-31(F) and said staff needs to correct the information provided because the calculations would be incorrect.
Member Rice brought up Section 30-31 (G)(1) and suggested that whenever terms such as drip lines and CRZ terms are used that it is made very clear as to if the intent is speaking of existing or mature.
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Member Rice made a motion that staff clarify when using the terms canopy, drip lines or describe the 25% canopy of table A whether the intent is to use the existing or mature canopy.
Roll call was as follows:
Secretary Richardson Yes
Member Porter Yes
Member Rice Yes
Vice Chairman Speidel Yes
Member Childs Yes
Member Grant Yes
Chairman Severs Yes
Motion Passed.
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Chairman Severs said he wanted to be sure that the Planning and Zoning Commission takes into consideration the Titusville Environmental Commission recommendations and insert them when going through the ordinance.
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Secretary Richardson suggested that the Planning and Zoning Commission continue to discuss this item until 9:30pm and then continue the discussion at the May 19, 2021 Planning and Zoning Commission meeting starting at 5:00pm since they still have a large portion of the ordinance to discuss. The Planning and Zoning Commission members were in agreement to end discussion at 9:30pm.
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Discussion took place regarding page 14 of 96, Section 30-31.5, canopy requirements.
Member Riley feels there should be a strong requirement in residential.
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Secretary Richardson made a motion to accept the Sierra Club percentages from the table provided in Ms. Sphar’s handout for Section 2, Section 30-31.5. Member Porter seconded.
Roll call was as follows:
Member Rice Yes
Secretary Richardson Yes
Member Childs Yes
Member Grant Yes
Vice Chairman Speidel Yes
Member Porter Yes
Chairman Severs Yes
Motion Passed.
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Discussion took place regarding whether or not to use the text language from the Sierra Club’s recommendations in Section 2 (A). Further discussion took place as to whether or not to keep or delete the last sentence of the paragraph in Section 2 (A).
The Planning and Zoning Commission members were in agreement to add language from the Sierra Club recommendation Section 30-31.5.(a) regarding when there is insufficient existing canopy on site to meet the canopy requirements.
Chairman Severs said that it is not clear as to the definition of canopy and canopy needs to be defined along with measurements before the Commission can move forward.
The Planning and Zoning Commission agreed to table discussions regarding canopy.
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Discussion took place regarding criteria for removal.
Chairman Severs suggested using the Titusville Environmental Commission’s recommended criteria or the Compromise recommended criteria.
Discussion took place regarding who should look at heritage tree removals.
Member Grant suggested appeals go to the Boards of Adjustments and Appeals.
Member Rice suggested that an arborist or landscape architect can be used when required.
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Member Porter made a motion to recommend using the Titusville Environmental Commission’s version for tree removal criteria and including specimen trees. Vice Chairman Speidel seconded.
Roll call was as follows:
Vice Chairman Speidel Yes
Secretary Richardson Yes
Member Porter Yes
Member Rice No
Member Childs No
Member Grant Yes
Chairman Severs Yes
Motion Passed with a 5 yes, 2 no vote.
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Petitions and Requests from Public Present
None
Reports
Chairman Severs spoke about his concerns regarding why the language for a tree survey requirement is not included during the sketch plat process. Chairman Severs said he thought this requirement was resolved. Chairman Severs would like to hear back from staff about this at the May 19, 2021 meeting.
Secretary Richardson requested a copy of any environmental reports that describe endangered species at the Brookshire project via e-mail.
Member Grant asked if discussion will resume on Section 4 of the tree ordinance at the next meeting. Chairman Severs said yes.
Adjournment 9:30pm