- Planning and Zoning Commission
- Planning & Zoning Commission February 16, 2022
Planning & Zoning Commission February 16, 2022
CITY OF TITUSVILLE
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
NOTICE OF REGULAR MEETING
February 16, 2022
555 S. Washington Avenue Titusville, Florida 32796
City Hall in Council Chamber
6:00 PM
Notice
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.
Please be advised that the following board members, Linwood V. Rice and Thomas Perez, are dual-members for Planning and Zoning Commission and Titusville Environmental Commission, and these board members are permissible participants at each of these respective board meetings.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. DETERMINATION OF A QUORUM
5. APPROVAL OF MINUTES
A. January 19, 2022 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. Election of Officers
Elect new Officers
B. Small Scale Comprehensive Plan Amendment (SSA) No. 1-2021
Consider SSA No. 1-2021 to amend the Future Land Use Map and rezone property located south of State Road 405, just west of Windover Way. The Land Use Amendment is a legislative item and the Rezoning is a quasi-judicial item.
10. PETITIONS AND REQUESTS FROM PUBLIC PRESENT AND PRESS
11. REPORTS
(a) City Council Summary of Action January 25, 2022
Informational Only
(b) City Council Summary of Action February 8, 2022
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 City Hall Council Chamber located at 555 South Washington Avenue on Wednesday February 16, 2022 at 6:00 p.m.
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Chairwoman Speidel called the meeting to order at 6:00 p.m. Present were Vice Chairman Richardson, Secretary Grant, Member Rice, Member Aton, Member Perez, Member Riley, Alternate Member Childs and Alternate Member Fayson. Also in attendance were Planner Navael Fontus, Assistant City Attorney Chelsea Farrell and Recording Secretary Laurie Dargie.
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Assistant City Attorney Farrell swore in Thomas Perez as the newest regular member on the Planning and Zoning Commission.
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Vice Chairman Richardson made a motion to approve the minutes from the January 19, 2022 as presented. Member Grant seconded. There was a unanimous voice vote.
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Quasi-Judicial Confirmation Procedures
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Old Business
None
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New Business
Election of Officers
Joseph Richardson nominated Jane Speidel to continue as the Chairwoman. Jane Speidel accepted. Member Riley seconded. There were no other nominations.
Roll call was as follows:
Member Riley Yes
Vice Chairman Richardson Yes
Member Perez Yes
Member Aton Yes
Secretary Grant Yes
Member Rice Yes
Chairwoman Speidel Yes
Motion passed.
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Romie Grant nominated Joseph Richardson to continue as Vice Chairman. Joseph Richardson accepted. Member Riley seconded. There were no other nominations.
Roll call was as follows:
Secretary Grant Yes
Member Riley Yes
Vice Chairman Richardson Yes
Member Rice No
Member Perez Yes
Member Aton Yes
Chairwoman Speidel Yes
Motion passed with a 6 yes, 1 no vote.
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Joseph Richardson nominated Romie Grant to continue as Secretary. Romie Grant accepted. Member Riley seconded. There were no other nominations.
Roll call was as follows:
Member Perez Yes
Member Aton Yes
Member Rice Yes
Member Riley Yes
Vice Chairman Richardson Yes
Secretary Grant Yes
Chairwoman Speidel Yes
Motion passed.
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Small Scale Comprehensive Plan Amendment SSA#1-2021
Mr. Fontus advised the Planning and Zoning Commission that staff is requesting that this item be tabled due to a standard in the Comprehensive Plan Amendment application that has not been met. The standard is from the city’s development procedures manual 4.1.11, A wetlands determination approved by the St. Johns River Water Management District or other appropriate regulatory agency valid at the time of submittal to the City is required to determine the boundaries of the wetlands and surface waters (ponds, canals, ditches).
The Planning and Zoning Commission members said that due to the number of citizens that have come to the meeting they wanted to get more information regarding the item before deciding to table or not.
The Planning and Zoning Commission requested that the applicant speak to the Commission and let them know if they were in agreement to table the item.
The Planning and Zoning Commission asked Ms. Wright to explain what their intentions are for the property.
Megan Wright of 5121 Bridge Road Cocoa, Florida (applicant) came to speak. Ms. Wright said that the intent is to build one single-family home on one of the five (5) acre parcels and another single-family home on the other five (5) acre parcel and the commercially zoned part of the property will stay commercial. Ms. Wright said that the request for the rezoning is to delineate between where the wetlands are and where the buildable uplands are located.
Ms. Wright informed the Planning and Zoning Commission that she and her husband, Jason Wright met with Navael Fontus and Brad Parrish at 4:00pm today and staff informed them at that time of the request to table the item. Ms. Wright said that they were informed of the Comp Plan standard on Monday February 14, 2022 and they did contact the Department of Environmental Protection (DEP) and St. Johns River Water Management (SJRWM) but they were informed by SJRWM and DEP that these surveys are impossible to get because they don’t do them anymore because they don’t have the staff resources to do them.
Chairwoman Speidel asked Ms. Wright if they agreed to table the item. Ms. Wright said that they feel caught between a rock and a hard place because they want to comply.
Member Rice said that based on what Ms. Wright has explained as their intent, would the applicants be in favor of doing two things. 1. Making the zoning contingent on this plot plan only, where there can only be one commercial and two residential and make it binding. 2. Would you be willing to put the wetlands into a conservation easement. Ms. Wright said yes to both.
Jason Wright of 5121 Bridge Road Cocoa, Florida (applicant) came to speak in favor of this item.
The Planning and Zoning Commission strongly encouraged the applicants to try and hold a community meeting so that discussion can take place and the community can have a better understanding of what is intended to take place on the property and clear up any concerns.
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Member Riley made a motion to table SSA#1-2021 until the March 2, 2022 Planning and Zoning Commission meeting. Member Grant seconded.
Roll call was as follows:
Member Aton Yes
Member Rice Yes
Secretary Grant Yes
Member Riley Yes
Vice Chairman Richardson Yes
Member Perez Yes
Chairwoman Speidel Yes
Motion passed.
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Petitions & Request from Public Present
Jacqueline Leader of 7762 Windover Way Titusville, Florida came to speak. Ms. Leader wanted clarification as to what Vice Chairman Richardson meant when he talked about an agreement. Vice Chairman Richardson said he was encouraging a community meeting between the applicants and community and then for the applicants to meet with staff to reach a compromise.
Connie Milton of 6822 Windover Way Titusville, Florida came to speak. Ms. Milton said that the community meeting could take place at the park in Windover. Ms. Milton asked if the setbacks are off the zoning line or property line. Member Rice said it is off the property line.
Stan Johnston of 860 Poinsettia Avenue Titusville, Florida came to speak. Ms. Johnston spoke about the right to speak on agenda items and he spoke about emails that he has sent out.
Sandra Clinger of 2685 Bobcat Trail Titusville, Florida came to speak. Ms. Clinger asked for clarification in regards to setbacks off property lines or zoning lines because she stated at city staff told her incorrect information and said that setbacks are off zoning lines. Member Rice said if that is what staff said, he disagrees, it is off property lines.
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Reports
City Council Summary of Action January 25, 2022
Informational only.
City Council Summary of Action February 8, 2022
Informational only.
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Adjournment 7:11pm