- Planning and Zoning Commission
- Planning & Zoning Meeting June 16, 2021 Regular
Planning & Zoning Meeting June 16, 2021 Regular
CITY OF TITUSVILLE
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
NOTICE OF REGULAR MEETING
June 16, 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. June 2, 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. This is a legislative agenda item.
The Tree Protection Ordinance has been advertised to be considered by the City Council on July 27, 2021 beginning at 6:30 PM.
B. Strategic Planning Activity
Rank the Strategic Planning priorities
9. NEW BUSINESS
A. Low Impact Development (LID) Ordinance
Approve the LID ordinance.
The TEC recommended several changes to the ordinance.
The LID Ordinance has been advertised to be considered by the City Council on July 27, 2021 beginning at 6:30 PM.
B. 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). This is a legislative agenda item.
The City Council will hold a Transmittal Hearing on July 13, 2021.
10. PETITIONS AND REQUESTS FROM PUBLIC PRESENT AND PRESS
11. REPORTS
(a) June 8, 2021 City Council Summary of Action
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, June 16, 2021 at 6:00 p.m.
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Chairman Severs called the meeting to order at 6:16 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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Member Grant made a motion to approve the June 2, 2021 meeting minutes. Member Aton seconded. There was a unanimous voice vote in favor.
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Quasi-Judicial Confirmation Procedures
Chairman Severs said there are no Quasi-Judicial items.
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Consent Agenda Item
None
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Old Business
Tree Protection Ordinance (Video start time 00:11:46)
Chairman Severs said they will resume the discussion from the 5:00pm meeting regarding the tree ordinance. Chairman Severs said his goal tonight is to completely finish reviewing the tree ordinance and provide all of the recommendations to staff and then for staff to draft the tree ordinance and include all of the recommendations in draft form to review at the July 7, 2021 Planning and Zoning Commission meeting.
Assistant City Attorney Farrell asked for a motion to affirm the decisions made by the Planning and Zoning Commission members at their 5:00pm Special Planning and Zoning Commission meeting that took place tonight.
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Secretary Richardson made a motion to affirm the decisions that were made at the June 16, 2021 5:00pm Special Planning and Zoning Commission meeting. Vice Chairman Speidel seconded.
Roll call was as follows:
Secretary Richardson Yes
Member Porter Yes
Member Aton Yes
Member Grant Yes
Member Rice Yes
Vice Chairman Speidel Yes
Chairman Severs Yes
Motion passed.
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Secretary Richardson asked to be excused from the meeting for a few minutes.
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(Video start time 00:13:20)
Chairman Severs provided a handout with additional incentives that he would suggest adding to Section 30-34 Mitigation Plan (i) of staff’s version.
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Member Rice made a motion to accept Section 30-34 Mitigation Plan (i) (incentives) of staff’s version and also include the incentives suggested on Chairman Severs’ handout. It is up to staff as to where this should be placed in the ordinance. Vice Chairman Speidel seconded.
Roll call was as follows:
Member Grant Yes
Secretary Richardson Not present for roll call
Vice Chairman Speidel Yes
Member Rice Yes
Member Porter Yes
Member Aton Yes
Chairman Severs Yes
Motion passed with a 6 yes vote.
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Secretary Richardson returned to the meeting.
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(Video start time 00:17:48)
Member Rice made a motion to change the language that he provided on his comments for Section 2: Section 30-31.5 – Canopy requirements. (2); the minimum canopy tree of a lot is at minimum of 40% and the Administrator may deviate from this intent with justification which shall be considered at the Pre-Application meeting.
Mr. Parrish asked for clarification as to using lot, and does Member Rice mean the subdivision. Member Rice said before it is a subdivision it is a lot. Member Rice said it is the parent lot that 40% of the tree canopy is interior of the parent lot of the development.
Discussion took place.
Chairman Severs said delegation without objective guidelines is not lawful to do. Assistant City Attorney Farrell agreed that there should be guidelines.
Mr. Parrish said there is Administrative wavier criteria in the existing code and this could be used.
Member Aton asked for clarification that the motion is for 40% minimum with the ability to request a waiver for anything less than the 40%. Mr. Parrish said that is what he understands.
Chairman Severs said he would prefer that the interior be much closer to 60% than 40%.
(Video start time 00:31:21)
Motion repeated.
Member Rice made a motion to change Section 2: Section 30-31.5 – Canopy requirements (2); to require a minimum of 40% canopy in the interior of the lot with the use of the Development Review Committee (DRC) process for any waivers to this section. Member Aton seconded.
Roll call was as follows:
Secretary Richardson No
Member Porter Yes
Member Aton Yes
Member Rice Yes
Vice Chairman Speidel No
Member Grant No
Chairman Severs No
Motion fails with a 3 yes, 4 no vote.
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(Video start time 00:33:58)
Vice Chairman Speidel made a motion to change Section 2: Section 30-31.5 – Canopy requirements (2); to require a minimum of 60% canopy in the interior of the lot with the use of the Development Review Committee (DRC) process for any waivers to this section. Secretary Richardson seconded.
Discussion took place.
Vice Chairman Speidel amended the motion to say that it is 60% interior outside the buffer. Secretary Richardson’s second holds.
Vice Chairman Speidel amended the motion to include that it is 60% interior outside of the required buffer with the provision that the DRC could waive it down to 40% minimum using their criteria. Secretary Richardson’s second holds.
Roll call was as follows:
Member Aton Yes
Member Rice No
Secretary Richardson Yes
Member Grant Yes
Vice Chairman Speidel Yes
Member Porter Yes
Chairman Severs Yes
Motion passed with a 6 yes, 1 no vote.
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(Video start time 00:39:09)
Chairman Severs provided a handout suggesting that sketch plat be inserted into Section 30-40 (a).
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Secretary Richardson made a motion to insert “sketch plat” into Section 30-40 (a) of the staff version. The insertion of “sketch plat” would go in the first sentence after the language building permit,
Vice Chairman Speidel seconded.
Roll call was as follows:
Vice Chairman Speidel Yes
Secretary Richardson Yes
Member Porter Yes
Member Rice Yes
Member Aton Yes
Member Grant Yes
Chairman Severs Yes
Motion passed.
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Member Grant pointed out a typo in Section 30-324 (c); regarding the Section #’s 30.01.5, should be Section 30.31.5.
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(Video start time 00:49:54)
Member Rice made a motion to accept staff’s version of Section 9; Section 30-324; with the following changes: (a) Residential development exemption as written in staff draft version; (b) Commercial Development exemption is 1.5 acres or less, (c) Industrial Development the exemption is three (3) acres or less, and provide an exemption to all of the Downtown Mixed Use (DMU). Vice Chairman Speidel seconded.
Roll call was as follows:
Member Grant Yes
Member Porter Yes
Member Aton Yes
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice Yes
Chairman Severs Yes
Motion passed.
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(Video start time 00:55:02)
Discussion took place regarding Section 12.
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(Video start time 01:15:20)
Member Porter made a motion to delete the entire (d) paragraph of Section 12 Grandfather Provision. Secretary Richardson seconded.
Roll call was as follows:
Secretary Richardson Yes
Member Porter Yes
Member Aton Yes
Member Grant Yes
Member Rice Yes
Vice Chairman Speidel Yes
Chairman Severs Yes
Motion passed.
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(Video start time 01:28:15)
Discussion took place regarding the need for a strong definition section of the ordinance.
Chairman Severs provided a handout with the definitions that have been provided for the Area of Alteration.
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(Video start time 01:36:07)
Member Rice made a motion to define the Area of Alteration as follows: means the area of the site, parcel or lot where alteration and/or disturbance will occur. If areas are excluded, non-altered areas will be credited if authorized by these regulations towards the required landscaping and/or canopy, then the area(s) is considered area of alteration for the purposes of landscaping and canopy requirements calculation. Vice Chairman Speidel seconded.
Roll call was as follows:
Member Grant Yes
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice Yes
Member Porter Yes
Member Aton Yes
Chairman Severs Yes
Motion passed.
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(Video start time 01:39:15)
Member Rice made a motion to accept his definition for dbh (diameter at breast height) as written. A measurement of the tree’s diameter made by a Tree Professional or Registered Land Surveyor, taken at breast or chest height. This diameter is measured over the outside bark using a diameter tape at the point “breast height.” Breast height is specifically defined as a point around the trunk at four and one-half (4.5) feet (1.37 meters in metric using countries) above the forest floor on the uphill side of the tree. For the purposes of determining breast height, the forest floor includes the duff layer that may be present, but does not include unincorporated woody debris that may rise above the ground line. [Staff version 30-39(b)].
Roll call as follows:
Secretary Richardson Yes
Member Porter Yes
Member Aton Yes
Member Rice Yes
Vice Chairman Speidel Yes
Member Grant Yes
Chairman Severs Yes
Motion passed.
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(Video start time 01:47:18)
Vice Chairman Speidel made a motion to accept Internal Critical Root Zone (ICRZ) as a recognized new term and the definition is as follows: A inner circle that is half of the CRZ area. If this area is impacted, it would cause significant impact to the tree and would be potentially life threatening. [Source: Urban Forestry Services, Inc.]. Member Aton 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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(Video start time 01:49:43)
Member Rice made a motion to accept the definitions as written that he suggested on his handout (P&Z Member Rice comments and recommendations) for the following in Section 30-31 (b), (6) Canopy, Existing, (7) Canopy, Mature, (8) Canopy, Planted, (9) Canopy, Preserved, and (10) Canopy, Total. Member Aton seconded.
The board had a recess.
(Video start time 02:04:14)
Chairman Severs called upon Mary Sphar to come and speak about the 25% and exhibit A.
(Video start time 02:10:26)
Chairman Severs clarified the motion that was made.
Roll call was as follows:
Vice Chairman Speidel Yes
Secretary Richardson Yes
Member Porter Yes
Member Rice Yes
Member Aton Yes
Member Grant Yes
Chairman Severs No.
Motion passed 6 yes, 1 no vote.
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(Video start time 02:11:48)
Member Rice made a motion to add into Section 30-31 (b) (11) - Replacement Tree and the definition as written from his handout (P&Z Member Rice comments and recommendations). Vice Chairman Speidel seconded.
Roll call was as follows:
Member Grant Yes
Member Porter Yes
Member Aton Yes
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice Yes
Chairman Severs Yes
Motion passed.
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(Video start time 02:12:57)
Member Rice made a motion to add into Section 30-31 (b) (13) – Tree Professional and the definition as written from his handout (P&Z Member Rice comments and recommendations). Vice Chairman Speidel seconded.
Roll call was as follows:
Secretary Richardson Yes
Member Porter Yes
Member Aton Yes
Member Grant Yes
Member Rice Yes
Vice Chairman Speidel Yes
Chairman Severs Yes
Motion passed.
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(Video start time 02:15:06)
Member Rice made a motion to add into Section 30-31 (b) the following terms and definitions (14) Tree Survey/Location Plan (15) Native vegetation (17) Tree Protection Area and the definitions as written from his handout (P&Z Member Rice comments and recommendations) for each term. Also, include for (15) Native vegetation – using latest edition of Brevard County LDR. Vice Chairman Speidel seconded.
Roll call was as follows:
Member Grant Yes
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice Yes
Member Porter Yes
Member Aton Yes
Chairman Severs Yes
Motion passed.
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(Video start time 02:22:39)
Member Rice made a motion to change item (c) (2) of from his handout (P&Z Member Rice comments and recommendations) using staff’s version with the following changes in item (1) Impervious surfaces are allowed in the CRZ as long as 50% of the CRZ zone is preserved. Grade changes within the paved area shall not exceed six (6) inches between the pre-development grade and the post-development grade. (2) No impervious surface or grade changes are allowed in the ICRZ zone. Vice Chairman Speidel seconded.
Roll call was as follows:
Secretary Richardson No
Member Porter No
Member Aton Yes
Member Rice Yes
Vice Chairman Speidel Yes
Member Grant No
Chairman Severs No
Motion fails with 3 yes, 4 no vote.
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(Video start time 02:25:24)
Member Porter made a motion to change item (2) as follows No impervious surfaces are allowed in the ICRZ zone or grade change. And outside the CRZ zone using the language that staff has recommended which is 25% and three (3) inches. Member Grant seconded.
Roll call was as follows:
Member Aton Yes
Member Rice No
Secretary Richardson Yes
Member Grant Yes
Vice Chairman Speidel Yes
Member Porter Yes
Chairman Severs Yes
Motion passed with a 6 yes, 1 no vote.
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(Video start time 02:38:26)
Member Rice made a motion to accept the language on the Tree Protection Area Requirements from his handout (P&Z Member Rice comments and recommendations page 4 of 15) for item (c) in its entirety and (d) in its entirety; with the following change in items (3) and (4); to include as authorized in section (in whatever section that staff recommends this being in) and item (e) in its entirety. Member Aton seconded.
Roll call was as follows:
Vice Chairman Speidel Yes
Secretary Richardson Yes
Member Porter Yes
Member Rice Yes
Member Aton Yes
Member Grant Yes
Chairman Severs No.
Motion passed 6 yes, 1 no vote.
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Mr. Parrish wanted to point out that it is difficult to enforce landscape requirements and tree preservation in easements and on single-family private property lots in subdivisions.
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(Video start time 02:45:34)
Chairman Severs passed the gavel.
Chairman Severs made a motion to recommend as a provision in this ordinance a waiver provision or variance provision as deemed appropriate by staff and legal counsel to be inserted or included in the ordinance. Member Rice seconded.
Roll call was as follows:
Member Grant Yes
Member Porter Yes
Member Aton Yes
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice Yes
Chairman Severs Yes
Motion passed.
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Low Impact Development (LID) (Video start time 02:49:25)
Mr. Galindo said he has a presentation prepared, however, he suggested hearing the 2040 Comp Plan presented first.
Member Rice would like to see the Low Impact Development ordinance with the Titusville Environmental Commissions’ recommendations included so that they can easily review the ordinance with recommendations.
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Secretary Richardson made a motion to table the Low Impact Development (LID) ordinance to the July 7, 2021 Planning and Zoning Commission meeting and start the meeting at 5:00pm and continue the LID discussion into the 6:00pm meeting. Vice Chairman Speidel seconded.
Roll call was as follows:
Secretary Richardson Yes
Member Porter Yes
Member Aton Yes
Member Grant Yes
Member Rice Yes
Vice Chairman Speidel Yes
Chairman Severs Yes
Motion passed.
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Member Aton and Member Rice both voiced that they will be out of town for the July 7, 2021 Planning and Zoning Commission meeting.
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Draft 2040 Comprehensive Plan (Video start time 03:00:09)
Discussion took place amongst the Planning and Zoning Commission members regarding previous action taken by the Commission regarding this item.
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 extend Ms. Sphar’s speaking time by one (1) minute. Vice Chairman Speidel seconded. There was a unanimous voice vote in favor.
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(Video start time 03:19:05)
Secretary Richardson made a motion to recommend to City Council approval of the transmittal for the draft 2040 Comprehensive Plan with items discussed tonight along with the Sierra Club recommendations, previous Commission member’s comments (29 pages from former Chairman Williams, Chairman Severs, and Secretary Richardson) along with comments made from current Commission members and citizens. Vice Chairman Speidel seconded.
Roll call was as follows:
Member Grant Yes
Secretary Richardson Yes
Vice Chairman Speidel Yes
Member Rice No
Member Porter Yes
Member Aton Yes
Chairman Severs Yes
Motion passed with 6 yes, 1 no vote.
Member Rice voted no because he has not had the opportunity to review the entire document and does not want to vote upon something when he may not be afforded the right to change his mind later on after further reviewing it.
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(Video start time 03:26:19)
Petitions and Request from Public Present
Mary Sphar of 825 Clifton Cove Court Cocoa, Florida came to speak about being about to change your mind after a vote if you have time to review something as Member Rice requested.
Assistant City Attorney Farrell explained Rule 13.
Assistant City Attorney Farrell said that item 8B on the agenda was not addressed. Chairman Severs asked that item 8B: Strategic Planning Activity be moved to the July 7, 2021 meeting agenda.
Reports (Video start time 03:31:15)
City Council Summary of Action June 8, 2021
No comment
Mr. Parrish gave a handout regarding a Planning Commission Training that is available online. Please let Mr. Parrish know if you are interested.
Mr. Parrish said there are some extra handbooks available from the New Smyrna training if any of the Commission members are interested in having one.
Assistant City Attorney Farrell said that the 4th of July celebration will be at the Chain of Lakes this year.
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Adjournment 9:42pm