- Planning and Zoning Commission
- October 4, 2023
October 4, 2023
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 October 4, 2023 at 6:00 p.m.
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Chairman Richardson called the meeting to order at 6:00 p.m. Present were Vice Chairman Aton, Secretary Grant, Member Moscoso, Member Fayson, Member Perez, Alternate Member Childs and Alternate Member Rogers. Member Garrod and School Board Member Gilbert were absent. Also, in attendance were Community Development Director Brad Parrish, Assistant City Attorney Chelsea Farrell and Recording Secretary Laurie Dargie.
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Secretary Grant made a motion to approve the minutes from the September 20, 2023 meeting. Vice Chairman Aton 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
Industrial Conditional Use Permits Ordinance
Mr. Parrish gave an overview of this item.
The Planning and Zoning Commission had brief discussion.
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Member Fayson made a motion to recommend approval of the Industrial Conditional Use Permits Ordinance with the requirement that if the laboratory, mini-warehouse and warehouse/wholesale uses are located within 500-feet of a residential use, that they maintain the requirement of a conditional use permit process. Member Moscoso seconded.
Roll call was as follows:
Vice Chairman Aton Yes
Member Perez Yes
Member Childs Yes
Member Moscoso Yes
Secretary Grant Yes
Member Fayson Yes
Chairman Richardson Yes
Motion passed.
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Live Local Act Ordinance and Resolution
Mr. Parrish gave an overview of this item.
Member Moscoso asked that in the future the Planning and Zoning Commission members can receive any staff presentations before the Planning and Zoning Commission meetings take place as she finds that the presentations are very informative.
Member Fayson disclosed that he had a phone conversation with Robin Fisher regarding this item.
There were lengthy discussions that took place between the Planning and Zoning Commission members and staff.
Vice Chairman Aton disclosed that he had a phone conversation with Robin Fisher and Cole Oliver prior to tonight’s meeting.
Some of the concerns brought up by the Planning and Zoning Commission members were relating to height, calculating the 20% floor area ratio in the mixed-use zoning district, and affordable housing.
Cole Oliver of Melbourne, Florida came to speak in favor of this item.
Stan Johnston of Titusville, Florida came to speak neither for nor against this item.
Discussion continued at length between the Planning and Zoning Commission members, staff and Assistant City Attorney Farrell.
Mr. Parrish stated that staff would like to have an ordinance in place that allows staff to have parameters to use when reviewing applications that are submitted for Live Local Act projects, so that staff is not only relying on the law for their reviewing tool. Mr. Parrish said that an ordinance can always be brought back to the Commission for review and recommendations to City Council.
Some discussion took place regarding whether or not it would be appropriate to enact a moratorium. Assistant City Attorney Farrell said that a moratorium would most likely not be supported because the Live Local Act Ordinance has an express preemption, therefore the city’s legal department would not advise City Council to enact a moratorium as it would not be in the best interest of the City of Titusville.
Chairman Richardson, Member Moscoso and Member Perez said that they need more time and information to fully understand this ordinance.
Member Childs, Vice Chairman Aton and Member Fayson thought it would be good to have an ordinance in place and then have more time to review and understand it and make recommendations as needed to change it in the future.
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Member Moscoso made a motion to table the Live Local Act Ordinance and Resolution to allow the Planning and Zoning Commission to have more time to review and understand the ordinance. Member Perez seconded.
Roll call was as follows:
Secretary Grant No
Member Fayson No
Member Childs No
Vice Chairman Aton No
Member Perez Yes
Member Moscoso Yes
Chairman Richardson Yes
Motion fails with a 3 yes, 4 no vote.
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Member Childs made a motion to recommend approval of the Live Local Act Ordinance and Resolution as presented but requests that City Council allow the ordinance to come back before the Planning and Zoning Commission for additional review and recommendations in the future. Vice Chairman Aton seconded.
Vice Chairman Aton asked if staff could help educate the Planning and Zoning Commission members when applications for the Live Local Act projects come in with regards to the process and any issues that may arise. Mr. Parrish said yes.
Member Moscoso reiterated that she is not comfortable approving this without more information and a better understanding of the ordinance.
Member Perez said that the ordinance can be flushed out as it is used during the review process but he would like for the City Council to stay on top of this in order to be prepared as applications come in.
Member Fayson believes it is very important to enact an ordinance to help protect the city.
Roll call was as follows:
Member Fayson Yes
Member Perez Yes
Member Moscoso No
Vice Chairman Aton Yes
Member Childs Yes
Secretary Grant Yes
Chairman Richardson No
Motion passed with a 5 yes, 2 no vote.
Chairman Richardson voted no because he does not feel prepared enough to vote on the ordinance.
Member Moscoso voted no also because she does not have enough information to fully understand the ordinance.
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Petitions & Requests
Stan Johnston of Titusville came to speak about the inaccurate survey for SNJ Oaks. Mr. Johnston provided a small handout.
Member Moscoso asked Mr. Parrish about the accuracy of the survey. Mr. Parrish said that the applicant has been made aware of the concerns from Mr. Johnston and staff will have to review the survey for accuracy when the applicant comes to that point in the site plan process.
Member Moscoso made a motion to allow an additional two minutes of speaking for Mr. Johnston. Member Perez seconded.
There was discussion amongst the Planning and Zoning Commission members and staff and it was determined that it is a concern that will be reviewed in depth when the site review process comes to that stage for review.
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Reports
Accessory Dwelling Unit Draft Ordinance
Mr. Parrish gave an overview of this item. Mr. Parrish said that this will come to the Planning and Zoning Commission for action at their next Planning and Zoning Commission meeting. There is no action required at tonight’s meeting as this item was not advertised for public hearing but requested by Chairman Richardson to be presented to the Commission early for review.
Chairman Richardson thought it would be very beneficial for the City Council to watch the webinar presentation that was provided by Assistant City Attorney Farrell on affordable housing.
The Planning and Zoning Commission members had brief discussion on lot size, minimum and maximum floor area and the parking space(s).
Mr. Parrish said that there will be a community meeting located at the Harry T. Moore Center on October 5, 2023 at 5:00pm regarding the Canaveral Heights Neighborhood.
Chairman Richardson asked why the variance on Silver Star & US1 was withdrawn. Mr. Parrish explained that the variance was no longer needed.
Member Moscoso asked for a brief overview of the Bristol development project. Mr. Parrish provided a brief update regarding the development.
Chairman Richardson said that there is a seminar in Deland, Florida on November 3, 2023. Mr. Parrish said he will be providing detailed information about this in the future to the Commission members.
Assistant City Attorney Farrell provided a follow-up explanation to Member Moscoso’s question as to why some Conditional Use Permits are not coming before the Planning and Zoning Commission. Assistant City Attorney Farrell spoke of the previous meetings by City Council where it was requested that staff review all Conditional Use Permit requirements to determine if they needed to come before Planning and Zoning and City Council. Assistant City Attorney Farrell also provided the dates when City Council will hear about the Conditional Use Permits relating to Commercial (October 10, 2023), Industrial (October 24, 2023), Civic (November 28, 2023), and Residential (November 28, 2023) uses.
Chairman Richardson asked for Assistant City Attorney Farrell to provide information on Quasi-Judicial proceedings as it related to the Commission members having communications outside of public meetings. Assistant City Attorney Farrell explained ex parte communications to the Planning and Zoning Commission members.
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Adjournment 9:05pm