- Planning and Zoning Commission
- Planning & Zoning Meeting December 8, 2021
Planning & Zoning Meeting December 8, 2021
CITY OF TITUSVILLE
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
NOTICE OF REGULAR MEETING
December 8, 2021
550 S. Washington Avenue Titusville, Florida 32796
Fire Department Multi-Purpose Room
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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. DETERMINATION OF A QUORUM
5. APPROVAL OF MINUTES
A. November 17, 2021 Minutes
Approve the minutes.
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. CUP 9-2021 Childcare Facility
Staff recommends approval of CUP 9-2021 to allow a childcare facility at 213 S. Palm Avenue within the Downtown Sub-district of the Downtown Mixed Use (DMU) zoning district.
B. DA #2-2021, Tranquility
Consider the amendment to the Development Agreement and make a recommendation to City Council. - This item is legislative.
This item is scheduled to be considered by the City Council on December 14, 2021 beginning at 6:30 PM.
C. CIE 2021 Update - P&Z
Conduct a public hearing and recommend approval of Ordinance No. XX-2021 Updating the Five Year Capital Improvements Schedule of the Comprehensive Plan of the City of Titusville for the 2022 - 2026 horizon relating to the Capital Improvement Element.
The public hearing is scheduled to be conducted by the City Council on December 14, 2021 beginning at 6:30 pm.
10. PETITIONS AND REQUESTS FROM PUBLIC PRESENT AND PRESS
11. REPORTS
(a) City Council Summary of Action November 23, 2021
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 a Fire Station 11, in the Fire Department Multi-Purpose Room located at 550 South Washington Avenue on Wednesday December 8, 2021 at 6:00 p.m.
XXX
Chairwoman Speidel called the meeting to order at 6:00 p.m. Present were Vice Chairman Richardson, Secretary Grant, Member Porter, Member Rice, Member Aton, Alternate Member Childs, and Alternate Member Fayson. Member Riley was absent. Also in attendance were Senior Planner Eddy Galindo, Redevelopment Planner Tim Ford, Assistant City Attorney Chelsea Farrell, and Recording Secretary Laurie Dargie.
XXX
Member Porter made a motion to approve the minutes from the November 17, 2021 as presented. Vice Chairman Richardson seconded. There was a unanimous voice vote.
XXX
Quasi-Judicial Confirmation Procedures
XXX
Chairwoman Speidel stated that Assistant City Attorney Farrell provided the Form 8B that was filled out by Member Rice to abstain from voting on the Developers Agreement DA# 2-2021 Tranquility item 9B on tonight’s agenda.
Member Rice explained his conflict of interest pertaining to the Developers Agreement DA# 2-2021 - Tranquility. Member Rice said he will not vote but he will participate in discussion.
XXX
Old Business
None
XXX
New Business
CUP# 9-2021 – Childcare Facility
Mr. Ford gave an overview of this item.
Cheri Dunbar of 4477 Bethany Lane Titusville, Florida came to speak in favor of this item.
XXX
Vice Chairman Richardson made a motion to recommend approval of the Conditional Use Permit CUP#9-2021 as presented. Secretary Grant seconded.
Roll call was as follows:
Vice Chairman Richardson Yes
Member Porter Yes
Member Childs Yes
Member Aton Yes
Secretary Grant Yes
Member Rice Yes
Chairwoman Speidel Yes
Motion passed.
XXX
Member Rice made a motion to recommend advisability to City Council with the following suggestion: If a conditional use permit with the same use is less than 5 years from the last known use, should not require a conditional use permit but should be evaluated by staff for compliance with the land development regulations and special use requirements , if the site is found to not be in compliance with any of the requirements during the staff review the conditional use process shall then be required. Other than this it is a staff approval without a conditional use permit fee, however there might be a review fee. Member Childs seconded.
Roll call was as follows:
Secretary Grant Yes
Member Childs Yes
Vice Chairman Richardson No
Member Rice Yes
Member Porter Yes
Member Aton Yes
Chairwoman Speidel Yes
Motion passed with a 6 yes, 1 no vote.
XXX
Developers Agreement DA# 2-2021 – Tranquility
Mr. Galindo gave an overview of this item.
Gary Allen Jr. of 9179 The Lane Naples, Florida came to speak in favor of this item.
Discussion took place amongst the Planning and Zoning Commission members, Mr. Allen and staff.
Robin Fisher of 1019 Indian River Avenue Titusville, Florida came to speak in favor of this item.
Assistant City Attorney Farrell advised that the Planning and Zoning Commission may want to make motions separately to address each amendment change.
XXX
Member Childs made a motion to approve Section 1 – States that the overall density of the internal parcels may be adjusted so long as the total density of the project is not increased and the zoning density is not exceeded for any individual parcel as set forth in the code and comprehensive plan. Member Aton seconded.
Roll call was as follows:
Member Fayson Yes
Member Porter Yes
Member Aton Yes
Vice Chairman Richardson Yes
Member Childs Yes
Secretary Grant Yes
Chairwoman Speidel Yes
Motion passed.
XXX
Member Aton made a motion to approve Section 2 – Extends the time for the developer to complete an initial assessment of a site for a future fire station to be completed within two years after the effective date of the amendment, or six (6) months after notification by the City of its intent to proceed with construction of the fire station, whichever comes first. Vice Chairman Richardson seconded.
Roll call was as follows:
Member Aton Yes
Secretary Grant Yes
Member Childs Yes
Member Fayson Yes
Vice Chairman Richardson Yes
Member Porter Yes
Chairwoman Speidel Yes
Motion passed.
XXX
Member Aton made a motion to approve Master Plan – Amends Parcel 5 of the master plan to delete a proposed layout for the subdivision. Vice Chairman Richardson seconded.
Roll call was as follows:
Vice Chairman Richardson Yes
Secretary Grant Yes
Member Porter Yes
Member Childs Yes
Member Aton Yes
Member Fayson Yes
Chairwoman Speidel Yes
Motion passed.
XXX
Member Fayson made a motion to approve amending the Master Plan Data Table to eliminate the columns titled “Proposed Number of Units” and “Proposed Density Units/Acre”, and correcting the “Allowed Density Units/Acre” shown for the RMU-200 (single family) parcels to be consistent with the maximum density permitted under the comprehensive plan. Also, to correct the error regarding the inconsistency with the comprehensive plan in the RMU-200 from 12 units per acre to 6.7 units per acre. Member Aton seconded.
Roll call was as follows:
Member Fayson Yes
Member Childs Yes
Secretary Grant Yes
Member Porter Yes
Member Aton Yes
Vice Chairman Richardson Yes
Chairwoman Speidel Yes
Motion passed.
XXX
Member Rice made a motion to recommend allowing existing Developer Agreements to react to market conditions, minor changes to be approved with Developers Agreements maybe approved administratively providing none of the comprehensive plan policies are violated and the original approval of total density is not increased. Member Childs seconded.
Roll call was as follows:
Vice Chairman Richardson No
Member Porter Yes
Member Childs Yes
Member Aton Yes
Secretary Grant No
Member Rice Yes
Chairwoman Speidel No
Motion passed with a 4 yes, 3 no vote.
XXX
CIE 2021 Update
Mr. Galindo gave an overview of this item.
XXX
Secretary Grant made a motion to approve the CIE 2021 update as presented. Member Aton seconded.
Roll call was as follows:
Secretary Grant Yes
Member Childs Yes
Vice Chairman Richardson Yes
Member Rice Yes
Member Porter Yes
Member Aton Yes
Chairwoman Speidel Yes
Motion passed.
XXX
Petitions & Request from Public Present
None
XXX
Reports
City Council Summary of Actions November 23, 2021
Informational only.
Mr. Galindo said that staff is presenting a request for advisability to City Council to make a correction to the tree ordinance regarding tree survey requirements. Chairwoman Speidel said that Ms. Busacca sent an e-mail regarding this correction request to the Planning and Zoning Commission members.
Chairwoman Speidel made an announcement regarding the Sustainability Action Plan meeting that will take place tomorrow December 9, 2021 at 6:00pm here in the Fire Department Multi-Purpose Room.
XXX
Adjournment 7:59pm