CITY OF TITUSVILLE PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY NOTICE OF REGULAR MEETING

Transcription

1 CITY OF TITUSVILLE PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY NOTICE OF REGULAR MEETING November 20, South Washington Avenue, Titusville, FL Council Chamber at City Hall 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 # 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 6, 2013 Approve Minutes from November 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 Page 1 of 20

2 A. Conditional Use Permit (CUP) # REPORTS Approve CUP # with one (1) condition. 11. PETITIONS AND REQUESTS FROM PUBLIC PRESENT 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 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. Page 2 of 20

3 Category: 5. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Planning and Zoning Commission Members Peggy Busacca, Planning and Growth Management Director Subject: November 6, 2013 Department/Office: Recommended Action: Approve Minutes from November 6, 2013 Summary Explanation & Background: Alternatives: Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type November 6, /12/2013 Backup Material Page 3 of 20

4 Planning and Zoning Commission Regular Meeting November 6, 2013 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, November 6, 2013 at 6:00 p.m. Chairman Williams called the meeting to order at 6:00 p.m. Present were Vice-Chairman Chavier, Secretary Chambers, Dr. Tibbitts, Member Scott, Dr. Fayson, Member Baker, Member Bobik, and School Board Member Hare. Member Scott was absent. Also in attendance were Senior Planner Afi Fancon, Planning and Growth Management Director Peggy Busacca, City Attorney Richard Broome, Assistant City Attorney Chelsea Farrell and Recording Secretary Laurie Dargie. Secretary Chambers motioned to approve the minutes from the September 18, 2013 regular meeting. Vice Chairman Chavier seconded. There was a unanimous voice vote. Consent Agenda Items None Old Business None Ms. Busacca informed the Board that citizens were present to hear the CUP# if the Board would like to hear CUP# first. Chairman Williams agreed to hear the CUP# first. New Business Conditional Use Permit (CUP) # Ms. Fancon gave an overview of this item. Ed Rodriguez, President of Titusville Hope Center at 664 S. Park Avenue Titusville, FL came to speak for CUP# Member Bobik asked Mr. Rodriguez if any fresh food items will be available. Mr. Rodriguez said he does not have refrigeration at this time, therefore no fresh or frozen foods will be available. Mr. Rodriguez said that it is something they might move towards having in the future. Page 4 of 20

5 Planning and Zoning Meeting -2- November 6, 2013 Member Baker asked Mr. Rodriguez if they have any corporate sponsors or church sponsors helping? Mr. Rodriguez said that he does not have any sponsors at this time. He has been funding this with his personal funds and he has some friends helping. He is looking for corporate sponsors and grants but nothing yet. Chairman Williams asked if he was affiliated with any churches and if he was going to look into government grants. Mr. Rodriguez said he wants to maintain Titusville Hope Center as a food bank for the churches but he wants to separate the religions from it. Chairman Williams asked if Mr. Rodriguez currently has a business established or if it is brand new. Mr. Rodriguez said it is brand new. Dr. Fayson asked if the food is free? Mr. Rodriguez said that they will provide free food to those who can t afford to pay anything but they will also charge very low cost on foods to encourage low income families to contribute back into the pantry. Mr. Rodriguez said there will be membership requirements and it is partly based on those who do not exceed 2 times the poverty level. Dr. Fayson asked how will Mr. Rodriguez determine the individuals or family s needs? Mr. Rodriguez said it will have to be a case by case determination. Mr. Rodriguez said that he also hopes to help the people get out of the situation that is causing them to need to use the pantry. Dr. Fayson asked if volunteers are helping run the pantry. Mr. Rodriguez said he will use volunteers or people who are working in the Walkabout Ministry who can t get a job and if they work out in the pantry then maybe be hired full time. Secretary Chambers asked for clarity about the capability to be able to take frozen food because Mr. Rodriguez said something earlier about being able to take frozen items. Mr. Rodriguez said that as of right now he can not take fresh or frozen foods because he does not have freezers or refrigeration. He doesn t have space for it. Secretary Chambers asked if it was mainly packaged and can goods. Mr. Rodriguez said yes that it is non-perishable items. Dr. Tibbitts encouraged and congratulated Mr. Rodriguez for moving forward with such a worthy cause as a food bank. Mr. Rodriguez said that he was inspired to do this because of working in food banks etc. and seeing the tremendous amount of work that people had to do to get food and he wanted to make it easier to help people in need. Vice Chairman Chavier asked what the hours of operation were going to be. Mr. Rodriguez said that the hours will be from 7am to 7pm Tuesday thru Saturday. Vice Chairman Chavier asked if there were any other services of similar use in Titusville. Mr. Rodriguez said not that he was aware of. Vice Chairman Chavier asked if North Brevard Charity was a similar use. Mr. Rodriguez said that he thought it was more of a thrift store. Vice Chairman Chavier asked how people demonstrate their needs? Mr. Rodriguez said based upon his experience people who are in need usually don t lie about needing help. They have to fill out the application and it is case by case. Vice Chairman Chavier asked if Mr. Rodriguez has received any feedback from other businesses about opening up the pantry. Mr. Rodriguez said that everyone seems to be excited about it. Page 5 of 20

6 Planning and Zoning Meeting -3- November 6, 2013 Chairman Williams asked staff how they came up with the figures for the amount of trips and the impact in the area. Ms. Fancon said that it is based on retail and daily trips. Chairman Williams asked if it was a CUP because of the semi-public threshold. Ms. Fancon said that yes because of the code. The pantry is more of a retail but it is operating as a non-profit and according to the code it falls under semi-public. Chairman Williams asked if the city has had any response from the community or other businesses regarding this type of business opening. Ms. Fancon said that the applicant held a public meeting but no one showed up to the meeting. Ms. Fancon said that the businesses next to the applicant are excited to have the business open. Vice Chairman Chavier made a motion to approve the Conditional Use Permit # with the staff recommended conditions. Dr. Tibbitts seconded Roll call was as follows: Vice-Chairman Chavier Member Baker Member Tibbitts Secretary Chambers Dr. Fayson Member Bobik Chairman Williams Motion passed. Ordinance XX-2013 Establishing and Administrative Waiver Process for Setbacks and Lot Sizes Ms. Busacca gave an overview of this item. Ms. Busacca gave one example of a business in Titusville that this would have benefited which is the Taco Bell on US Highway 1. They are improving the façade of the building and were going to use foam columns but the columns were going to encroach the setback by 5 or 6 inches and therefore they chose to modify the original plan in order to stay with the timeline for finishing the project. Chairman Williams said that he liked the Ordinance. He said he went thru and hi-lited the areas that he really liked and he thinks it will really benefit the City. Chairman Williams said that the only thing he would recommend is a quarterly or bi-annual reporting to City Council and Planning & Zoning Commission to show what has been administratively done with this Ordinance. Ms. Busacca said that the reporting is an excellent idea. Page 6 of 20

7 Planning and Zoning Meeting -4- November 6, 2013 Member Bobik asked what the minimum lot size is in the City. Ms. Busacca said the minimum lot size is 7,500 square feet. Member Bobik asked for a dimension size. Ms. Busacca said it would be 75 x 100. Ms. Busacca said it would be 1 foot narrower for the minimum lot size. Ms. Busacca said it would benefit lots along US 1 more than residential areas. Member Bobik said he brought up residential due to the person a few meetings ago coming to the Board requesting a variance for an overhang. Ms. Busacca said that the citizen came because of a vacation easement and this Ordinance would not comply with easement vacations, the Ordinance states that The waiver shall not result in an encroachment into an easement. Vice Chairman Chavier said he agreed with Chairman Williams comments about the Ordinance, however he said he hopes that it doesn t cause problems with loosening the process. Member Baker asked about the 6 month limit on the survey and why it is only 6 months since is it expensive to have a survey done. Ms. Busacca said that the Ordinance states that it needs to be a current survey although it does not define what current is. Ms. Busacca said that the purpose is so that if there has been any expansion done to the property that the most current survey showing all the updates is available for how the property looks at present day. Dr Fayson said he agrees with Chairman Williams and Vice Chairman Chavier that this is a good Ordinance. Dr. Fayson made a motion to approve the Ordinance XX-2013 Establishing and Administrative Waiver Process for Setbacks and Lot Sizes. Secretary Chambers seconded. Roll call was as follows: Chairman Williams Vice Chairman Chavier Member Baker Dr. Tibbitts Secretary Chambers Dr. Fayson Member Bobik Motion passed. Reports City Attorney Broome introduced the new Assistant City Attorney Chelsea Farrell to the Board Members. Page 7 of 20

8 Planning and Zoning Meeting -5- November 6, 2013 Petitions and Requests from Public Present Joe Rinaldi, Director of Planning and Project Management for the schools spoke to the Board. Mr. Rinaldi said that he appreciates Ms. Peggy Busacca working with him in regards to the development agreements etc. Mr. Rinaldi said that they will be reappointing School Board Member Patricia Hare for another year and he appreciates all that she does for the schools. Reports School Board Member Hare updated the Board that she received a message from the North area Board member today saying that he was in meetings about the budget and they are talking about putting the ½ cent tax back onto the ballet to hopefully save future cuts from happening. Dr. Fayson asked about the trails because he read about it in the newspaper. Vice Chairman Chavier said that the information from the newspaper was regarding an overpass on Garden Street, which the state will fund however Vice Chairman Chavier said he wasn t sure how far the connectivity would go. Vice Chairman Chavier gave an update that the TEC Members were out at the Enchanted Forest on November 2, 2013 to pass out trees and celebrate Earth Day. He said about 400 people came out to the event. Vice Chairman Chavier said that TEC member Tony Koromilas is a member of the Men s Garden Club and he is the one who gives access to the trees to give away and he wanted to thank Mr. Koromilas. Secretary Chambers said no updates from the Affordable Housing. Chairman Williams said he is working with the Kiwanis Club this year and that the Kiwanis Club and the Jaycees are working together this year on the Christmas Parade. The Jaycees are looking to turn over the Christmas Parade to the Kiwanis Club. Chairman Williams reminded everyone that the Christmas Parade is on December 14, Chairman Williams also reminded the Members of the banquet tomorrow night November 7, 2013 at the Senior Center. Adjournment 6:48p.m. Page 8 of 20

9 Category: 9. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Planning and Growth Management Director Conditional Use Permit (CUP) # , to allow expansion of stormwater management systems into the Open Space and Recreation (OR) zoning district for the Assisted Living Facility (ALF) allowed by CUP Department/Office: Planning and Growth Management Recommended Action: Approve CUP # with one (1) condition. Summary Explanation & Background: On August 16, 2012, CUP was granted for the property located at the southeast corner of Fox Lake Road and State Road 405 to allow an assisted living facility (ALF). The owner of this property then proceeded to engineer the project but encountered difficulties in accommodating the stormwater pond for the proposed ALF. The applicant is requesting a modification of the conditional use permit to allow expansion of stormwater management system in Open Space and Recreation (OR) zoning district to accommodate the ALF. Alternatives: 1. Approve with one (1) or more conditions. 2. Deny Item Budgeted: NA Source/use of funds/budget Book Page: Strategic Plan: No. 2 Promote Economic Development Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type Staff Report 11/13/2013 Backup Material Zoning Map 11/13/2013 Backup Material Aerial 11/13/2013 Backup Material Plan 1 11/13/2013 Backup Material Plan 2 11/13/2013 Backup Material Page 9 of 20

10 City of Titusville Staff Report PLANNING & ZONING COMMISSION AGENDA ITEM Conditional Use Permit (CUP) # Meeting Date: November 20, 2013 Prepared By: Applicant(s): Applicant s Request: Aphidalin Fancon CCEI, Sid Chehayab CUP to allow expansion of stormwater management systems into the Open Space and Recreation (OR) zoning district for the Assisted Living Facility (ALF) allowed by CUP Staff Recommendation: Approve with a condition Background Information: On August 16, 2012 CUP was granted to the property located at the southeast corner of Fox Lake Road and State Road 405 to allow an ALF. The owner of this property then proceeded to engineer this project but encountered difficulties in accommodating the stormwater pond for stormwater management for the proposed ALF. The applicant is requesting a modification of the conditional use permit to allow expansion of stormwater management system in Open Space and Recreation (OR) zoning district to accommodate the Assisted Living Facility project. Property Information: Property Use Future Land Use Zoning Existing Vacant Conservation Open Space and Recreation (OR) Proposed Stormwater pond Conservation Open Space and Recreation (OR) Surrounding Property Information: Existing Use Future Land Use Zoning North Vacant Residential High Density Multifamily High Density (R-3) South Vacant land Commercial High Intensity and Community Commercial (CC) Conservation and Open Space and Recreation (OR) East Single Family Homes Residential Low Density Residential Estate (RE) West Vacant Land & Storage Center Industrial and County Industrial (M-2) and County Page 10 of 20

11 Planning & Zoning Commission Agenda Item Site Data: Acreage: Approx. 4.9 acres Soils: According to the 2001 National Resources Conservation Service Soil Survey, the site contains Anclote, Paola, Pomello and Quartzipsamments soil type. Natural Resources: Area of Critical Concern This property is not located in an Area of Critical Concern. Wetlands and Conservation Area The subject site does contain wetlands, and the size of the wetland is 2.02 acres. The wetland delineation was reviewed by the St Johns Water Management District. Infrastructure: Transportation: Primary Access: South Street (S.R.405) Existing Conditions: a. Average Daily Traffic: 15,180 b. Operating Level of Service: C Proposed Conditions: a. Proposed Land Use trip potential: No trips will be generated b. LOS with proposal: C Impact of short and long term planning - The stormwater management system will not impact the traffic on South Street. Solid Waste: There will be minimal impacts to Reserve Capacity. Stormwater Management: The City of Titusville has minimum design standards for the stormwater drainage systems in new developments. The applicant site design is required to comply with LDR Chapter 35 Article III. Potable Water and Sanitary Sewer: Water and sewer are available. Page 2 of 7 Page 11 of 20

12 Planning & Zoning Commission Agenda Item Staff Analysis: The applicant is requesting to expand the stormwater pond to the OR zoning district. This stormwater pond is required to facilitate the proposed ALF in the adjoining parcel which was approved by CUP The concept plan (referred here as Plan 1) which was part of the said CUP shows that the stormwater pond would be located outside of the OR zoning district but after consultation with the FDOT the applicant had to provide additional stormwater area to meet their requirement and are requesting to expand the retention area into the OR zoning. The applicant also proposes to place a walking trail along the stormwater pond. The subject site has wetlands which are approximately 2.02 acres, there will be very minimal impacts to the wetland approximately 0.06 acres. The wetland impact will occur near SR 405 to allow for access into the site. The wetlands have been delineated and are shown in Plan 2. The plan also shows that there will be a 50 foot wetland buffer of which 25 feet will be undisturbed buffer. The 25 feet undisturbed buffer will be provided all along the wetland line except for the portion adjacent to SR 405 identified in Plan 2 as a segment between point A11 and A12. Conditional Use Permit Criteria: Section of the Land Development Regulations states that before any Conditional Use is granted, City Council shall apply the standards set forth herein and shall determine that satisfactory provisions and arrangements of the following factors have been met by the petitioner, where applicable: a. Are the elements of the Comprehensive Plan complied with? Staff s comments: Stormwater management systems are permitted within the OR zoning district. b. Is the ingress and egress to the property and proposed structures in compliance? Staff s comments: The project will have access to Fox Lake Road and South Street. c. Are off-street parking and loading areas sufficient? Staff s comments: This criteria is not applicable to the proposed use which is a stormwater pond. d. Is the refuse and service area sufficient? Staff s comments: Refuse will not be required. e. Are there nuisance factors that will be detrimental to adjacent and nearby properties and the City as a whole? Staff s comments: The proposed expansion of the stormwater pond into the OR zoning district will not be detrimental to adjacent properties. f. Are there utilities, with reference to location, availability, and compatibility? Staff s comments: Water and sewer will be available. Page 3 of 7 Page 12 of 20

13 Planning & Zoning Commission Agenda Item g. Is the screening and buffering requirements being met? Staff s comments: The subject site has wetlands which are approximately 2.02 acres, staff recommends that a 25 feet undisturbed buffer be provided all along the wetland line except for the portion adjacent to SR 405 identified in Plan 2 as segment between point A11 and A12. h. Are signs and proposed exterior lighting in compliance with the LDRs? Staff s comments: The applicant has not proposed signs or lighting in the subject site. i. Are the requirements for yard and open space being met? Staff s comments: Yard and open space requirement is not applicable as no structure will be located in the OR zoning district. j. Is there a general compatibility with adjacent properties and other properties in the district? Staff s comments: The proposed stormwater pond and walking trail can be considered as a passive recreational use. The intensity of this use is very low and hence compatible to the uses in adjacent properties as their uses are more intense. k. Is the change suggested out of scale with the needs of the neighborhood or the City? Staff s comments: The proposed use is not out of scale. l. Are there special requirements set out in the schedule of district regulations for the particular use involved? Staff s comments: There are no special requirements for this proposed use. Conclusion: Staff recommends approval with following condition. 1. Staff recommends a 25 foot buffer from the wetland line except for the portion adjacent to SR 405 as dentified in Plan 2 as segment between point A11 and A12. Page 4 of 7 Page 13 of 20

14 Planning & Zoning Commission Agenda Item Appendix A 1. Zoning Map 2. Aerial 3. Plan 1 4. Plan 2 Page 5 of 7 Page 14 of 20

15 Planning & Zoning Commission Agenda Item (Insert Map Here) Page 6 of 7 Page 15 of 20

16 Planning & Zoning Commission Agenda Item Appendix B - Exhibits Page 7 of 7 Page 16 of 20

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18 ALEXANDER DR FOX HOLLOW DR KNOX MC RAE DR FOX LAKE RD EXIST ING RD EXISTING RD BOBBI LA KILMARNOCH LA SOUTH ST EXISTING RD Legend Page 18 of 20 Subject Property. CUP # CUP#8-2013: Land Source:Involved Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community Feet

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