- Planning and Zoning Commission
- Planning & Zoning Meeting June 16, 2021 Special
Planning & Zoning Meeting June 16, 2021 Special
CITY OF TITUSVILLE
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
NOTICE OF SPECIAL MEETING
June 16, 2021
City Hall in Council Chamber
555 S. Washington Avenue Titusville, Florida 32796
5:00 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. ROLL CALL
3. DETERMINATION OF A QUORUM
4. BUSINESS WHICH IS THE SUBJECT OF THE SPECIAL OR CALLED MEETING
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.
5. PETITIONS AND REQUESTS FROM PUBLIC PRESENT
6. 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, June 16, 2021 at 5:00 p.m.
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Chairman Severs called the meeting to order at 5:00 p.m. Present were Vice Chairman Speidel, Secretary Richardson, Member Porter, Member Grant, Member Rice, Member Aton, 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.
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Business
Tree Protection Ordinance
Chairman Severs gave a brief overview of this item.
Chairman Severs said that the Planning and Zoning Commission members received numerous e-mails from the realtors with Space Coast Association of REALTORS. Chairman Severs stated that the Planning and Zoning Commission members took action as it relates to Commercial and Industrial canopy and it was a unanimous vote regarding Commercial being 25% and Industrial being 15% canopy. Chairman Severs said the Commission approved what staff recommended. Member Rice wanted to state that he asked to change his vote regarding that motion at the following meeting and he was not afforded that right and he wanted to go on record again stating that he wanted to change his vote.
Mr. Galindo provided a handout showing the timeline of when the tree ordinance will be heard at the next meetings.
Al Taylor of 2820 St. Charles Street Titusville, Florida came to speak in favor of this item.
Tammie Watts of 165 Tiki Drive Merritt Island, Florida came to speak in favor of this item.
Troy Post of 7101 US Highway 1 Titusville, Florida came to speak in favor of this item.
Michael Gaich of 3018 Wyndham Way Melbourne, Florida came to speak neither for nor against this item.
Kay St. Onge of 2360 Maryland Avenue Titusville, Florida came to speak neither for nor against this item.
Chairman Severs provided a handout regarding the tree ordinance as a guideline to review the tree ordinance at tonight’s 5:00pm and 6:00pm meetings.
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Member Grant made a motion to insert from Section 30-33 of the TEC version into the staff version; the following: Section 30-33 (d) (1) (2) (3) and (4). This will be inserted after (F) and labeled as (G) in the staff version. Secretary Richardson seconded.
Roll call was as follows:
Member Grant Yes
Member Porter Yes
Member Aton No
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice No
Chairman Severs Yes
Motion passed with a 5 yes, 2 no vote.
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Member Rice stated that changes made to the tree ordinance will have consequences on other ordinances such as the landscape ordinance and the technical manual and these other ordinances and the technical manual will have to be addressed. Chairman Severs agreed that there will be many inconsistences with the code and technical manual that will have to be addressed.
Discussion took place regarding the cleanup that will need to take place throughout the code.
Member Rice said he could not support the motion without knowing the consequences that will take place down the road.
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Member Grant made a motion to accept staff’s version as it relates to Section 5; Section 30-34 Mitigation Plan (a) (1) (2) and (3). Member Porter seconded.
Roll call was as follows:
Secretary Richardson No
Member Porter Yes
Member Aton Yes
Member Grant Yes
Member Rice Yes
Vice Chairman Speidel No
Chairman Severs Yes
Motion Passed with a 5 yes, 2 no vote.
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Member Rice made a motion to accept staff’s version as it relates to Section 5, Section 30-34 (e) with the change that forested wetlands count towards 100% canopy. Member Grant seconded.
Roll call was as follows:
Member Grant Yes
Secretary Richardson No
Vice Chairman Speidel No
Member Rice Yes
Member Porter Yes
Member Aton Yes
Chairman Severs No
Motion Passed with a 4 yes, 3 no vote.
Chairman Severs said he does not agree with counting wetlands towards canopy the idea is to preserve additional tree canopy.
Mr. Galindo asked for clarification as to if forested wetlands should be defined. Member Rice said he would defer to the St. Johns River Water Management District for their definition and expertise.
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Member Rice made a motion as it relates to Section 5; Section 30-34; (f) to have the mitigation fee for significant trees at $50.00 per mitigation dbh. Member Porter seconded.
Roll call was as follows:
Secretary Richardson Yes
Member Porter Yes
Member Aton Yes
Member Rice Yes
Vice Chairman Speidel No
Member Grant No
Chairman Severs No
Motion passed with a 4 yes, 3 no vote.
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Member Rice made a motion as it relates to Section 5; Section 30-34; (f) to have the mitigation fee for specimen trees at $100.00 per mitigation dbh. Secretary Richardson seconded.
Roll call was as follows:
Member Aton Yes
Member Rice Yes
Secretary Richardson Yes
Member Grant Yes
Vice Chairman Speidel Yes
Member Porter Yes
Chairman Severs Yes
Motion passed.
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Vice Chairman Speidel made a motion as it relates to Section 5; Section 30-34; (f) to have the mitigation fee for heritage trees at $200.00 per mitigation dbh. Chairman Severs seconded.
Roll call was as follows:
Vice Chairman Speidel Yes
Secretary Richardson Yes
Member Porter Yes
Member Rice No
Member Aton Yes
Member Grant Yes
Chairman Severs Yes
Motion passed with a 6 yes, 1 no vote.
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Petitions and Requests from Public Present
Mary Sphar of 825 Clifton Cove Court Cocoa, Florida came to speak in regards to the tree ordinance.
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Adjournment 6:09pm