July 22, 2020 Minutes 6:00pm

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, July 22, 2020 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 Richardson, Secretary Speidel, Member Porter, Member Murrary, and Member Grant. Member Taylor was absent. Also in attendance were Planning Manager Brad Parrish, Senior Planner Gabriel Quintas, Planner Navael Fontus, Assistant City Attorney Chelsea Farrell, and Recording Secretary Laurie Dargie.

 

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Vice Chairman Richardson motioned to approve the minutes from the January 8, 2020 regular meeting with corrections.  Secretary Speidel seconded. There was a unanimous voice vote. 

 

Vice Chairman Richardson motioned to approve the minutes from the January 8, 2020 special meeting. Secretary Speidel seconded. There was a unanimous voice vote.

 

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Quasi-Judicial Confirmation Procedures

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Chairman Severs said that items 9A, 9B, 9C and 9D are all Quasi-Judicial items.

 

Chairman Severs said he did inquire to know what Jay Jay Road was considered to be and he was told it was a local road. 

 

Chairman Severs said he did communicate with St. Johns River Water Management District in regards to the permitting on the Brooks Landing project.

 

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Consent Agenda Items

 

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Old Business

None

 

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New Business

 

EAS# 2-2020 – 2545 Christopher Drive (Video start time 01:14:23)

Mr. Quintas gave an overview of this item.

 

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Secretary Speidel made a motion to approve EAS# 2-2020. Member Porter seconded.

 

Roll call was as follows:

 

Member Grant                        Yes

Secretary Speidel                    Yes

Member Murray                      Yes

Vice Chairman Richardson     Yes

Member Porter                        Yes

Chairman Severs                     Yes      

            

Motion Passed.

 

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EAS# 1-2020 – 5778 Cheshire Drive (Video start time 01:16:07)

Mr. Quintas gave an overview of this item.

 

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Vice Chairman Richardson made a motion to approve EAS# 1-2020. Member Porter seconded.

 

Roll call was as follows:

 

Secretary Speidel                    Yes

Member Porter                        Yes

Member Murray                      Yes

Vice Chairman Richardson     Yes

Member Grant                         Yes

Chairman Severs                     Yes      

            

Motion Passed.

 

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CUP# 1-2020 – Fuel Tank Upgrade (Video start time 01:18:35)

Mr. Quintas gave an overview of this item.

 

Christine Valliere, representative of the applicant, of 2725 Judge Fran Jamieson Way C-308 Viera, Florida came to speak in favor of this item. Ms. Valliere passed out a handout to each Commission member and Staff. Ms. Valliere went over the handouts and gave details regarding the fuel tank.

 

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Secretary Speidel made a motion to approve CUP# 1-2020.  Member Grant seconded.

 

Roll call was as follows:

 

Vice Chairman Richardson     Yes

Secretary Speidel                    Yes

Member Porter                        Yes

Member Murray                      Yes

Member Grant                         Yes

Chairman Severs                     Yes      

            

Motion Passed.

 

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Brooks Landing – Sketch Plat (Video start time 01:28:40)

Mr. Quintas gave an overview of this item.

 

Member Murray asked what the density is in this development compared to the surrounding houses that already exist. Mr. Parrish said that the surrounding properties are under the county’s jurisdiction and have a residential land use. Mr. Parrish said that those areas have two (2) units per acre. 

 

Secretary Speidel asked what percentage of the property are ponds because she was unsure what the word ponded meant. Secretary Speidel asked how much of the property would need fill. Secretary Speidel asked what the meaning of hydric was. Mr. Quintas said he is unable to answer those questions at this stage of the process. Mr. Parrish said during the sketch plat stage the review is done mainly to make sure it is consistent with the zoning and master plan.

 

Secretary Speidel asked if a traffic study was done. Mr. Parrish said yes and the study indicated that it would not exceed the city’s concurrency standards.

 

Vice Chairman Richardson said that the Planning and Zoning Commission previously recommended denial of this project due to two main reasons. The first reason is because Jay Jay Road is a county road and not an arterial road. Second, there was only one point of ingress and egress for 143 lots. 

 

Secretary Speidel asked if emergency vehicles can access the development easily. Mr. Parrish said that this has been reviewed by the Fire Department and they did not have any objections. 

 

Chad Genoni with AG Ventures of 4760 N. US1 Melbourne, Florida came to speak in favor of this item. Mr. Genoni said he would answer any questions if needed. 

 

Member Murray asked Mr. Genoni if the internal areas will have trees and vegetation. Mr. Genoni said there will be trees. Member Murray strongly encouraged Mr. Genoni to preserve trees. 

 

Chairman Severs asked what percentage of common open space is being set aside. Mr. Quintas said on page 181 of the agenda packet it shows that the common open space percentage is 37.7%.

 

Chairman Severs asked if the retention ponds are included in this percentage. Mr. Quintas said yes. Chairman Severs asked what amenities are included in the retention ponds to make them be classified as common open recreation space.  Mr. Quintas said that there are two park benches proposed, a 5-foot-wide jogging trail connected to sidewalk, and a pavilion and fountain. 

 

Chairman Severs said he does not feel that the retention ponds meet the requirements of common open space in the code.

 

Chairman Severs asked what adjustments were made to the plan to preserve trees. Mr. Genoni said they might have moved the road. Mr. Genoni said on the edges of the lots they can use tree wells to preserve the trees.

 

Chairman Severs asked where on the plan does it show that 10% of the native vegetation and trees are being preserved. Mr. Parrish asked Mr. Genoni what this property was used for in the past. Mr. Genoni said that this used to be an orange grove. Mr. Parrish asked what vegetation exist on this property now. Mr. Genoni said there are some burned up trees and a lot of pepper trees. Mr. Genoni said there is a lot of invasive vegetation on the property.  Mr. Parrish asked what happened to the orange grove trees. Secretary Speidel said that she believes the orange groves died in the freeze of 1981. Secretary Speidel said her concern is that there will be hundreds of homes built with a little crepe myrtle tree planted beside it. 

 

Mr. Quintas said that the 10% preservation has not been identified at this stage of the process but will be required during the preliminary plat stage. 

 

Member Murray asked what the tree preservation will look like based on the current tree ordinance for this property. If there are no trees to replace, what will be required on the property. Mr. Quintas said the 10% of native tree and vegetation will be required to be planted. 

 

Chairman Severs read Section 30-324 of the tree ordinance.

 

Chairman Severs asked where the outfall is located on this project. Mr. Genoni said it is on the north east of the property. Chairman Severs asked if it will be going to Jay Jay Road. Mr. Genoni said no. 

 

Chairman Severs said that the plan clearly shows that the outfall will go to the Indian River. Chairman Severs said that the legal positive outfall should be located on the sketch plat. Chairman Severs asked Staff if they are satisfied with seeing the legal positive outfall. Mr. Quintas said this was reviewed by the City Engineer. 

 

Mr. Parrish wanted to point out that these lots have a 50-foot buffer around the lots which goes above the requirement of 20 feet. 

 

Member Murray asked where in the code is open space discussed. Mr. Quintas read from Section 30-163(f)(3) of the code.

 

Member Murray said that terms used in the code need to be defined better so that there is a clear understanding of the meaning. Member Murray said that open space is one of the terms that should be clearly defined. 

 

Chairman Severs asked if this is a phased development. Mr. Genoni said the plan is to develop it all at one time but there is the option to develop it in two phases. Chairman Severs asked if all the requirements are going to be met if it becomes a phased development. 

 

Mr. Parrish said that the Planning and Zoning Commission can make recommendations for open space requirements. 

 

Chairman Severs said the amenities do not comply with the code requirements for open space.

 

Member Murray is concerned about little lots and not a lot of vegetation. 

 

Chairman Severs asked when will this go before City Council. Mr. Parrish said July 28, 2020. 

 

Mr. Quintas said if the Commission desires they can make a recommendation that the open space requirements must be met within so many years to address the concern about all phases not being completed.

 

 Mr. Parrish addressed Chairman Severs earlier question as to if the legal positive outfall is shown on the sketch plat, Mr. Parrish referred them to page 189 of the agenda packet.

 

Vice Chairman Richardson said there is no commitment from the applicant to do the things that have been recommended. He stated, that the applicant does not answer questions, only city staff answers them. 

 

Member Murray asked Staff if all criteria for a sketch plat have been met. Mr. Quintas said yes. 

 

Secretary Speidel said all the criteria has not been met because the open space criteria have not been met. Mr. Quintas said that according to staff, all the criteria has been met. Secretary Speidel asked for Chairman Severs to clarify. Chairman Severs said it is a difference of opinion about the open space. 

 

Mr. Parrish said that the Planning and Zoning Commission can make recommendations to City Council to add specific amenities. 

 

Chairman Severs passed out information he received from the County regarding Jay Jay Road. 

   

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Member Murray made a motion to approve Brooks Landing Sketch Plat. Motion dies due to no second. 

 

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Secretary Speidel made a motion with two conditions and discussion took place. Vice Chairman Richardson said he would second the motion if a third condition of requiring that the environmental study is done to protect the endangered species such as gopher tortoises. Mr. Quintas said this is already required. 

 

Member Murray asked Mr. Genoni if he has met the St. Johns River Water Management District’s requirements. Mr. Genoni said he is in the process of doing that. 

 

Member Murray said she is concerned about asking for things that are already required. 

 

Assistant City Attorney Farrell asked Secretary Speidel to clarify the basis for requiring the condition of a 20-foot area around each pond. Chairman Severs said that it was related to the 10% native vegetation being a requirement of the code, and if there is no native vegetation there, they are required to establish it. 

 

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Secretary Speidel made a motion to approve Brooks Landing Sketch Plat with the following two (2) conditions. 1. Provide clarification of the stormwater plan to determine the amount of drainage into the Indian River Lagoon with the requirement to lessen or prevent drainage into the Indian River Lagoon, or a clarification that there is no impact to the Indian River Lagoon with the current stormwater management proposal. 2. Require more open space, a minimum of 20 feet of a pathway around each pond for recreation including such items as a walking trail planted with native vegetation including both trees and shrubbery. Member Richardson seconded with an amendment to the motion to add a third condition: 3. Developer must provide proof of the required protection of protected animal species to the furthest extent possible abiding by state regulations. Secretary Speidel clarified that the code-required 10% natural planting/preserved area could be located within the minimum 20-foot clear pathway around each pond and the same could be counted toward the native plantings.   

 

Roll call was as follows:

 

Vice Chairman Richardson     Yes

Secretary Speidel                    Yes

Member Porter                        Yes

Member Murray                      No

Member Grant                         Yes

Chairman Severs                     No       

            

Motion Passed with a 4 yes, 2 no vote.

 

Chairman Severs provided a handout with the reasons for his no vote. These reasons will be included in the public record.

 

Member Murray voted no due to requiring things that are already required. 

 

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Public Participation Guide Presentation (Video start time 02:52:20)

Mr. Fontus gave a PowerPoint Presentation on the Public Participation Guide. 

 

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Draft 2040 Comprehensive Plan (Video start time 03:01:38)

Mr. Parrish gave an overview of this item and presented a PowerPoint Presentation. 

 

Chairman Severs said he is strongly for no net loss wetlands in the City of Titusville. 

 

Vice Chairman Richardson said that the ADA code needs to be reviewed and green infrastructure such as electric charging stations needs to be addressed and shared parking.

 

Chairman Severs asked the newly appointed Commission members if they were comfortable moving forward with the 2040 Comprehensive Plan. 

 

Member Murray said she read the old and new Comprehensive Plans. Member Murray gave a little background on herself coming from St. Louis Park, Minnesota and their Comprehensive Plan which she would like to share more about because it works well.  Member Murray said one difference in the City of Titusville’s Comp Plan and St. Louis Park’s Comp Plan is St. Louis Park has clear measurable items within the Comp Plan. 

 

Member Porter said he met with Mr. Parrish to discuss the Comprehensive Plan and is comfortable moving forward. 

 

Member Grant said he met with Mr. Parrish to discuss the Comprehensive Plan and said he really likes the plan and is comfortable with moving forward. 

 

Chairman Severs stated in the past that his two main concerns were protection of the Indian River Lagoon and the city’s wellfields. The Comprehensive Plan using the St. Johns River Water Management District regulations as its guide has not worked for the last 30-40 years because everything gets dumped into the Indian River Lagoon.

 

Vice Chairman Richardson said that Brooks Landing does not comply with the current Comp Plan and he wants staff to abide by the Comp Plan. 

 

Vice Chairman Richardson would like the Comp Plan to be easy to read and understand.

 

Chairman Severs said he would support moving forward with the 2040 Comprehensive Plan and provided a handout to city staff and the Planning and Zoning Commission members with his recommendations and comments for the 2040 Comprehensive Plan. 

 

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Member Murray made a motion to continue the 2040 Comprehensive Plan to the August 5, 2020 Planning and Zoning Commission meeting to allow the Commission more time to review and provide additional input before this goes to City Council.  Vice Chairman Richardson seconded.

 

 

 

 

Roll call was as follows:

 

Member Murray                      Yes

Member Grant                        Yes

Member Porter                        Yes

Secretary Speidel                    Yes

Vice Chairman Richardson     Yes

Chairman Severs                     Yes      

            

Motion Passed.

 

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Rezoning REZ# 1-2020 – Elizabeth Oaks Townhomes (Video start time 04:02:30)

This item has been withdrawn by the applicant.

 

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Petitions and Requests from Public Present

None

 

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Reports (Video start time 04:02:51)

 

 

Semi-Annual Report Jan-Jun 2020

Chairman Severs would like to see the actions of the Planning and Zoning Commission and the actions of City Council on the items that are put on the semi-annual reports. 

 

Vice Chairman Richardson said that the status of the Planning and Zoning Commission members should also be included on the report. 

 

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Vice Chairman Richardson made a motion to update the semi-annual report with the requested updates and bring back to the Planning and Zoning Commission for review. Member Murray seconded. There was a unanimous voice vote in favor. 

 

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City Council Summary of Actions July 14, 2020

Informational item.

 

Chairman Severs would like all wetlands identified with rezoning and conditional use permit submittals because it seems that primarily only 5 acres and above are identified. 

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Mr. Quintas gave out Ordinance No. 7-2020 and went over the changes that staff and legal made to the ordinance and this is the language included in the ordinance going to City Council. 

 

Assistant City Attorney Farrell said that she will be contacting each of the Planning and Zoning Commission members to go over their new e-mail addresses.

 

Chairman Severs said that there is a public meeting on July 30, 2020 regarding the tree ordinance. Assistant City Attorney Farrell said this will be a Staff led meeting starting at 5:30pm and is open to the public. Assistant City Attorney Farrell said that if two or more members of the Planning and Zoning Commission plan to attend this meeting, they should refrain from commenting on each other’s comments so they do not violate the Sunshine Law. 

 

Chairman Severs said he prepared comments based on previous meetings, minutes and concerns of the Planning and Zoning Commission and can present this during the public meeting on July 30, 2020. 

 

Member Murray asked if the meeting will be recorded to allow all members to view the meeting for themselves if they do not attend in person. Assistant City Attorney Farrell said she is not sure but she would ask about having it recorded so that members can avoid Sunshine Law violations. 

 

Member Grant asked what the definition of tree canopy is. Mr. Quintas said it may depend but usually it is referring to the over story of existing trees. 

 

Chairman Severs said he will attend the meeting on July 30, 2020 and provide the comments that he has given the Planning and Zoning Commission. 

 

(Video Start time 04:15:20)

Chairman Severs provided a handout to staff and the Planning and Zoning Commission members regarding concerns he has with the River Palms development. Chairman Severs went over his concerns in detail.

 

Discussion took place asking what happens to the property if the entire property is not developed within the Development Agreement’s guidelines. Assistant City Attorney Farrell said that the Development Agreement would be the guide for the development of the entire property. Mr. Parrish said that this property has been flagged to ensure that it is developed within the guidelines of the Development Agreement. Chairman Severs asked if the property owner has been notified of these guidelines. Chairman Severs asked if the southerly access will be addressed. Mr. Parrish said that if development of the entire property goes forward, this access will have to be addressed. Assistant City Attorney Farrell said that the building permits were issued when the Development Agreement was active, therefore the building permits are under the Development Agreement’s guidelines. Member Murray asked for clarification as to whether or not the development plan can change if the development is not completed and the property is sold. Mr. Parrish said there are protections in place to prohibit that from happening.  Member Murray asked Assitant City Attorney Farrell if the Development Agreement ran with the land and Assistant City Attorney Farrell said yes. 

 

Vice Chairman Richardson said that at a previous Planning and Zoning Commission meeting the Planning and Zoning Commission was presented an agenda item for a 10-story building at what was the Kirk Shopping Plaza. He said they were not given any concept plans or site plans, they were only told it would be 10 stories and the Commission voted to deny it. Vice Chairman Richardson said six days later it came up before City Council with a plan for 8 story buildings and it was approved unanimously by City Council. Vice Chairman Richardson said he received phone calls from City Council members asking him why Planning and Zoning did not approve it. Vice Chairman Richardson said the items were presented differently and he said it made the Planning and Zoning Commission look like fools.

 

Vice Chairman Richardson said Robin Fisher’s property on South Street that was approved by Planning and Zoning Commission is now up for sale. He said that the owner was so antsy at getting things approved and now it is not being done. He said he is disappointed at this and that the Planning and Zoning Commission was taken by surprise on these two items. 

 

Member Murray explained why she sometimes votes no on items. Member Murray said she looks at codes and ordinances to support or not support what they are specifically looking at. Member Murray said she would like for the Planning and Zoning Commission to be involved in the next phases of the review processes. 

 

Adjournment 9:56p.m.