- Planning and Zoning Commission
- Planning & Zoning Meeting May 19, 2021
Planning & Zoning Meeting May 19, 2021
CITY OF TITUSVILLE
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
NOTICE OF REGULAR MEETING
May 19, 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. May 5, 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
A. Tree Protection Ordinance
Review the tree protection ordinance and TEC recommendation. and provide a recommendation to City Council. This item was tabled during the May 5, 2021 Planning and Zoning Commission meeting.
The Tree Protection Ordinance has been advertised to be considered by the City Council on July 27, 2021 beginning at 6:30 PM.
9. NEW BUSINESS
A. Draft Vision Based Comprehensive Plan - Transmittal
Review and make a recommendation regarding transmitting the draft 2040 Vision Based Comprehensive Plan to the State Land Planning Agency (FL Dept of Economic Opportunity) for review (Comprehensive Plan Amendment Application No. 1-2021)
B. Impact Fee Credit Transfer Ordinance
Review the proposed ordinance and make a recommendation to City Council.
The public hearing for this ordinance is scheduled to be conducted by City Council on June 8, 2021 beginning at 6:30 PM.
C. Low Impact Development (LID) Ordinance
The TEC table this item to the June 9, 2021 meeting. The staff recommends continuing this item until the TEC makes a recommendation.
D. Strategic Planning Activity
Conduct the requested Strategic Planning Activity
10. PETITIONS AND REQUESTS FROM PUBLIC PRESENT AND PRESS
11. REPORTS
(a) City Council Summary of Action 05/11/21
Informational Only
(b) CITY STAFF
(c) CITY ATTORNEY
(d) CHAIRPERSON
(e) 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 19, 2021 at 6:00 p.m.
XXX
Chairman Severs called the meeting to order at 6:07 p.m. Present were Vice Chairman Speidel, Secretary Richardson, Member Porter, Member Grant, Member Rice, Alternate Member Childs and Alternate Member Riley. Also in attendance were Senior Planner Eddy Galindo, Planning Manager Brad Parrish, Assistant City Attorney Chelsea Farrell, and Recording Secretary Laurie Dargie.
XXX
Chairman Severs said that Alternate Member Riley will serve as the voting member at tonight’s meeting.
XXX
Secretary Richardson made a motion to approve the May 5, 2021 regular meeting minutes. Vice Chairman Speidel seconded. There was a unanimous voice vote in favor.
XXX
Quasi-Judicial Confirmation Procedures
Chairman Severs said there are no Quasi-Judicial items.
XXX
Consent Agenda Item
None
XXX
Old Business
Tree Protection Ordinance (Video start time 00:06:45)
Chairman Severs said this item will be moved to the end of the meeting as the Planning and Zoning Commission will not be taking any action on this item at tonight’s meeting.
XXX
New Business
Draft Vision Based Comprehensive Plan (Video start time 00:07:04)
Chairman Severs passed out a copy of an e-mail he sent out and he read the e-mail. A copy of the e-mail was given to the Planning and Zoning Commission members and staff.
Mr. Parrish gave a PowerPoint presentation regarding this item.
Member Riley asked if anything in the draft Comp Plan addresses situations such as the Sandpoint Park situation that happened this past December. Mr. Parrish said he will research this and provide information back to the Commission.
Kay St. Onge of 2360 Maryland Avenue Titusville, Florida came to speak against this item.
Secretary Richardson made a motion to allow one more minute of speaking time. Vice Chairman Speidel seconded. There was a unanimous voice vote in favor.
Marlys Breckle of 3 Indian River Avenue #906 Titusville, Florida came to speak neither for nor against this item.
William Klein of 3 Indian River Avenue #906 Titusville, Florida came to speak neither for nor against this item. Mr. Klein provided the Recording Secretary his handout for public record.
Vice Chairman Speidel made a motion to allow one more minute of speaking time. Member Grant seconded. There was a unanimous voice vote in favor.
Mary Sphar of 825 Clifton Cove Court Cocoa, Florida came to speak neither for nor against this item. Ms. Sphar provided a handout to the Planning and Zoning Commission and to Staff.
Secretary Richardson made a motion to allow three more minutes of speaking time. Vice Chairman Speidel seconded. There was a unanimous voice vote in favor.
Kathleen Perez od 3025 S. Washington Avenue Titusville, Florida came to speak neither for nor against this item.
Secretary Richardson made a motion to allow one more minute of speaking time. Member Grant seconded. There was a unanimous voice vote in favor.
Chairman Severs said he brought up his concerns with the draft Comp Plan early on regarding the Indian River Lagoon and the Area of Critical Concern. Chairman Severs said he has the same concerns.
Member Rice asked where the wetland maps came from. Mr. Parrish said it came from GIS data from state agencies.
Secretary Richardson that this draft Comp Plan should be put on the back burner until the tree ordinance and LID ordinance is approved.
Member Grant agrees with Secretary Richardson.
Vice Chairman Speidel also agrees with Secretary Richardson.
Chairman Severs provided a handout to the Planning and Zoning Commission members and to staff regarding his Comp Plan suggestions. Chairman Severs went over the suggestions he has made on his handout.
Member Rice asked Mr. Parrish if this goes to state for transmittal does it come back to the Planning and Zoning Commission for additional review. Mr. Parrish said yes.
Member Rice would like to know what the cost would be and how it would be funded if the two year timeframe was the requirement based on Chairman Severs first suggestion on WF Strategy 4.
Member Porter asked if former Member Murray’s comments were incorporated into this draft Comp Plan. Mr. Parrish said he did meet with Member Murray and some of her comments were incorporated however she did not provide staff a document with all of her suggestions.
Discussion took place regarding tabling this item.
Mr. Parrish said he would like to speak in person with the citizens who spoke out about this item in tonight’s meeting and also meet with the Commission members to further discuss their questions and concerns to ensure that he understands each Commissioners concerns regarding specific policies.
Assistant City Attorney Farrell said that City Council has this item on their May 25, 2021 agenda, and whatever the Planning and Zoning Commission decides will be relayed to City Council.
(Video start time 01:45:00)
XXX
Vice Chairman Speidel made a motion to table the draft Comp Plan 2040 until the Tree Ordinance and the Low Impact Development (LID) ordinance are both passed. Secretary Richardson seconded.
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.
XXX
Impact Fee Credit Transfer Ordinance (Video start time 01:56:48)
Mr. Galindo gave an overview of this item.
XXX
Member Grant made a motion to approve the Impact Fee Credit Transfer Ordinance as presented. Secretary Richardson seconded.
Roll call was as follows:
Member Grant Yes
Member Riley Yes
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice Yes
Member Porter Yes
Chairman Severs Yes
Motion Passed.
XXX
Low Impact Development (LID) Ordinance (Video start time 02:04:00)
XXX
Secretary Richardson made a motion to table the Low Impact Development (LID) Ordinance until the Titusville Environmental Commission makes their recommendation to the Planning and Zoning Commission. 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.
XXX
Strategic Planning Activity (Video start time 02:06:00)
Chairman Severs recommended that this item not be discussed at tonight’s meeting and be put on the next agenda that may not have many items.
Assistant City Attorney Farrell said that there are three items on the June 2, 2021 agenda.
Chairman Severs said this can be an item on the June 2, 2021 meeting and if the Commission needs to table it again, they can make that decision.
XXX
Tree Protection Ordinance (Video start time 02:07:31)
Chairman Severs provided three handouts to the Planning and Zoning Commission members and Staff.
Chairman Severs made comments about his handouts.
The Planning and Zoning Commission members had some discussion.
XXX
(Video start time 02:29:40)
Member Rice made a motion to use Rule #13 to reconsider the motion on page 5 of 7 of the Planning and Zoning Commission meeting minutes from the May 5, 2021 Planning and Zoning Commission meeting.
The motion Member Rice is requesting to reconsider is as follows:
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.
Member Porter asked if this should be discussed at the June 16, 2021 meeting.
Assistant City Attorney Farrell explained the process for using Rule #13.
Member Rice said his intent is not to change the motion but to change his vote.
Member Childs seconded Member Rice’s motion.
Roll call was as follows:
Member Rice Yes
Secretary Richardson No
Member Childs No
Member Grant No
Vice Chairman Speidel No
Member Porter Yes
Chairman Severs No
Motion fails due to 2 yes, 5 no vote.
Member Rice said he was disappointed that the Planning and Zoning Commission members did not afford him the opportunity to change his decision after doing more research and changing his opinion on something he has previously voted on.
XXX
Member Rice made a motion to table the Tree Ordinance until the June 16, 2021 Planning and Zoning Commission meeting. Member Porter seconded. There was a unanimous voice vote in favor.
XXX
Petitions and Requests from Public Present
None
XXX
Reports
City Council Summary of Action May 11, 2021
No Comments.
Assistant City Attorney Farrell wanted to clarify that the Commission did decide to put the Strategic Planning Activity on the June 2, 2021 meeting agenda. Chairman Severs confirmed.
XXX
Adjournment 8:43pm