XXX XXX XXX XXX XXX XXX. New Business: Ordinance Amendment to Regional Mixed Use zoning Courtney gave an overview of this item.

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1 Planning and Zoning Commission Regular Meeting January 16, 2008 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, January 16, 2008 at 7:00 p.m. called the meeting to order at 7:00 p.m.,,,, and was present with Member Chambers, Vice-Chairman Williams and Chairman Fayson absent. Also in attendance were Planning and Growth Management Director Courtney Harris, Senior Planner Arturo Interia, Planner Karen Steil, Environmental Planner Afi Fancon, Assistant City Attorney Richard Broome and Recording Secretary Darsi Davis. The first item of business was the approval of the minutes for the December 19, 2007 regular meeting. motioned to approve the minutes as corrected; seconded by. There was a unanimous voice vote. reviewed the quasi judicial procedures verifying that all persons wishing to speak have signed an oath card; if all agenda items have been properly advertised; asked members to comment if they have visited sites or have spoken to any members of the public regarding an item to be reviewed. Consent Agenda Items: None Old Business: None New Business: Ordinance Amendment to Regional Mixed Use zoning Courtney gave an overview of this item. Dave McWilliams, 517 B. North Harbor City Boulevard, Melbourne. Declined to speak.

2 Planning and Zoning Commission -Page 2- January 16, 2008 asked if the adoption of this ordinance changed any of the environmental requirements for a Planned Unit Development (PUD) that lessened the requirements for a twenty-five foot setback off of the water or anything environmentally detrimental. Courtney said it only pertains to the lot and t to the buffers. asked if there would be other projects in the City that would come in under this ordinance. Courtney said. asked if this was an agreement between staff and the applicant. Courtney said the developer wanted to amend the developer s agreement and to amend it to the design which staff supports they need to have greater flexibility on the lot sizes which needs to be done by a Planned Unit Development (PUD). motioned to approve Ordinance Amendment to Regional Mixed Use zoning; Seconded by ; Roll call vote was as follows: Sandy Pointe Developers Agreement Courtney gave an overview of this item. motioned to remove the table; second by. There was a unanimous voice vote. asked the time frame once approved. Attorney Evans said once engineering is approved construction would start immediately. asked why there is a 75 foot height limitation 250 feet from Columbia Boulevard. Attorney Evans said staff requested a stepping of the elevations. asked if there is a planned variance for this project. Attorney Evans said there are 3 possible variances for this project. One relates to the block lengths, the curvature of a road and for sidewalks. asked where in the process parcel five would get platted. Attorney

3 Planning and Zoning Commission -Page 3- January 16, 2008 Evans said that would be the first one with the sidewalk on U.S. 1 within two yeas. said the architectural theme of Florida collective is interesting. He asked why there is such a wide rage of architectural themes here. Attorney Evans said the buyer doesn't own the project yet and they will be issuing a set of architectural guidelines for this community that everyone will have to comply with and their intent is to have a Florida style type community. asked if they could rely on the drawing for the commercial area and that it won't become a strip commercial area. Attorney Evans said it was the buyer that wanted the commercial piece increased because they didn't like the strip nature of the commercial. They wanted a wider piece with an internal road and a shopping village. asked Attorney Evans what he thought if they added that, that area would t be a strip commercial area. Attorney Evans said it wouldn't kill the deal. said on the Declaration of Covenants, it reads that all lots that abut the Indian River would have a minimum of twenty-eight hundred square feet of living area and asked why the City is interested in that and what are they getting from that? Attorney Evans said typically in all upper scale subdivisions they put a limitation on square footage to assure the quality of the homes and it was t done for the City. Courtney said during the numerous public hearings there were residents that were worried that this project would be of the upper end that the homes would be small and more like patio home developments and it was suggested by a Council Member and the City Attorney to include a minimum square footage as a way to address the community s concerns. said large homes are longer desirable and he is concerned from an energy point of view. Attorney Evans said he agrees and that it was suggested by staff. asked if the major change is to move the clubhouse. Attorney Evans said and the lot lines were enlarged to move up the public improvements. asked if there was a trail along the waterfront for the single family homes. Attorney Evans said that the St. Johns River Water Management District is requiring a twenty-five foot buffer in natural condition. advised that some homeowners might put gardens encroaching the buffer area. Attorney Evans advised that St. Johns River Water Management District would require a fence between the private property and the conservation area. asked how the shoreline along the river at the public park area would be treated and could it be used for kayaking. Attorney Evans said there is a proposed marina with seawall that would be very shallow. Courtney advised that they would look at it during the plat stage. asked if there were plans for future individual boat docks along the river.

4 Planning and Zoning Commission -Page 4- January 16, 2008 Attorney Evans said it had been requested to limit boat docks. Courtney said it would be addressed at the time of plat. said if they have a marina would they have a channel. Attorney Evans said there was a channel there w. asked if the developer would mark the channel. Attorney Evans said that would be down the road. asked if they were going to build the entire infrastructure at once or in stages. Mr. Wise said it would focus on the single family residential area first. asked what stage the engineering plans were in. Mr. Wise said the engineering drawings have been reviewed and probably 95% complete. They have to resubmit for design changes. Courtney said they have submitted engineering plans to the City. Dave McWilliams, 517 B. North Harbor City Boulevard, Melbourne. Spoke in favor. Jake Wise, 2651 W. Eau Gallie Boulevard. Spoke in favor. asked if they would be moving tortoises in the environmental preserve and how many were found on site. Mr. McWilliams said they didn't get an exact amount but they would be moved to the preserve or to South Lake. asked who would be doing the preserves. Mr. McWilliams said EELS. asked for more description on parcels 8 and 9, the high density multifamily mixed use on Columbia Boulevard. Mr. McWilliams said it would be residential on top of some type of commercial and that they have t gotten into the design but would like to see nice restaurants or a bank that would compliment the community. asked if parcel 8 and 7 would tie into the public boardwalk. Mr. McWilliams said. asked if he went to the commercial area on parcel 8 would there be an opportunity to walk along the river. Mr. McWilliams said, it would all loop together. asked if the medium density multi-family on parcel 13 between the two preservation areas would be 100 foot buildings. Mr. McWilliams said that is lower density at 8 units an acre and would be more like a townhouse or small condominium. motioned to approve Sandy Pointe Developers Agreement; Seconded by for discussion. asked if there would be a traffic light at the entrance on S.R. 405.

5 Planning and Zoning Commission -Page 5- January 16, 2008 Courtney said, that it is in the Developer s agreement. advised that he has concerns that he would like to highlight so when they go through the EAR process and amend the Comprehensive Plan, they might take this and see how the plan applies. He said that this is a gated community and that recent studies are coming out that says gated communities are safer than n gated. The trend he sees in the market is away from gated community. A gated community causes more traffic concerns. There are two places they are dumping all the traffic. Integration of the different uses is important. The Regional Commercial area has a road, a lake and probably a gate separating all the potential users and the only way to get there is by car. He said he likes the higher density and the way they pull toward the commercial but wished they were better integrated and he has concerns with the 2800 square foot building requirements that the code doesn't require and feels if they are serious about becoming a green community and about considering planning and the impact of their decision on the ecomy and environment they need to start thinking about things like this. said he will support the motion but wants more discussion of developing the community in the future. said there is a combination here and feels this is the last multi-family home development we will probably see along the river front and feels that there is a market for larger single-family homes. said one of the concerns he has with our comprehensive plan is that they focus so much on low density and lower intensity and they need to start looking at how to bring the community into a more compact more efficient area. Roll call vote was as follows: Park/Dixie Small Area Plan Courtney gave an overview of this item. Nitin Hate, 5 Indian River Avenue #1201. Declined to speak.

6 Planning and Zoning Commission -Page 6- January 16, 2008 Robert Upthegrove, 119 N. Dixie Avenue. Spoke neither for r against. Courtney asked that Mr. Upthegrove speak during the Small Scale Amendment. asked if the drainage west of the property could be diverted into the Draa field property. Courtney committed to the neighborhood residents that she would make sure meetings will be held with them as they plan for Draa field. asked how many collector roads in the City had single family homes developed along them. Courtney said several. asked if the single family is t compatible. Courtney said, in the comprehensive plan it is commercial along collector and arterial roads and single family on local roads. asked if the comprehensive plan has strip commercial along all our collector roads. Courtney said but it requires collector and arterial access and frontage. is concerned about strip commercial and sees it as a collector that they want to make into commercial and that DCA has concerns with a lot of comprehensive plans of other communities that is strip commercial and they don't want to see this. He doesn t interpret our comprehensive plan as saying strip commercial. He is also concerned with the drainage in this area and asked if approved, would go to site plan to meet requirements for stormwater. He asked if the regional improvements are required for them to do that, can they be put on hold until regional is done. Courtney said, this is a small area study that is recommending regional stormwater improvements and office usage for the primary area. asked under the comprehensive plan are they required to consider infrastructure. Courtney said. asked if it should be reviewed to see if they are meeting the concurrency requirements. Courtney said the Land Development Regulations as well as St. Johns River Water Management District require them to maintain all stormwater that is currently being captured on site. asked if the recommendation is for the primary area to be changed to Downtown Mixed Use (DMU). Courtney said. asked if Downtown Mixed Use (DMU) is considered a transitional designation. Courtney said it allows for things that would be typically downtown. asked if there is a height increase. Courtney said there is height associated with land districts in Titusville. asked if someone could ask for Community Commercial (CC) zoning on the property. Courtney said they could ask for anything they wanted.

7 Planning and Zoning Commission -Page 7- January 16, 2008 said he doesn't see in the study where it says within the primary area for any parcel that someone could t come in and ask for Community Commercial (CC) or that they only could come in and ask for Office Professional (OP). Courtney read where it states that during the public meeting it was clearly addressed by the public that a retail plaza type of commercial use would t be acceptable and that the residents accepted residential. asked if they adopted this plan could someone could come in, in the future and asked for Community Commercial (CC) zoning. Courtney said someone could always ask for that. motioned to approve Park/Dixie Small Area Plan; Seconded by Member Pettit; Roll call vote was as follows: Small Scale Amendment # Art gave an overview of this item. asked if the drainage failure is mechanical. Sid Chehayeb said it is a regional system which needs to be improved that will put more flow into the inlet. said their biggest concern is the flooding and would it take away most of their concerns. Sid said they would install a drainage system that would stop the water from going towards Dixie. asked about the right angle of the pipes and wouldn t it impede the flow. Sid said it did and that they were limited with what they could work with. said he thinks it will address the flow and help with the issue in the neighborhood. asked the elevation of the ditch on the side of Park Avenue. Sid said they didn't have that information but the ditch needs to be improved.

8 Planning and Zoning Commission -Page 8- January 16, 2008 asked the water table elevation in the area. Sid said he thinks about ten to eleven. said since the pipe drains from Dixie to Park would it be public or private. Sid said it will be controlled by the City. asked about the existing conditions and the ditch t being very big. Sid said it went all the way around. asked if the right-of-way easement was to prepare for the widening of Park Avenue. Sid said. Courtney said it was a request. asked if the ditch was interconnected. Sid said. asked about the dry retention pond. Sid said they both would be wet. Nitin Hate, 5 Indian River Avenue #1201. Spoke in favor. Robert Upthegrove, 119 N. Dixie Avenue. Spoke neither for r against. Art advised that staff recommends the hours of operation between 7 a.m. 8 p.m. motioned to approve Small Scale Amendment #1-2008; Seconded by ; Roll call vote was as follows: Conditional Use Permit # Afi gave an overview of this item. John Tolbert, 4100 Barna Avenue, Apt. B. Spoke in favor. asked what ages this would be for. Mr. Tolbert said for the PAL Organization and less than 15 years of age would have to be accompanied by a parent. asked the hours of operation. Afi said Monday through Thursday until 9 p.m. and until 10 p.m. on Friday and Saturday.

9 Planning and Zoning Commission -Page 9- January 16, 2008 asked how they would get there. Mr. Tolbert said it is a residential area so they could walk or ride their bikes or the parents could come in as a family and wants to provide a family environment. asked how many days a week. Mr. Tolbert said 6 days. asked if he had a landlord and felt the condition of the dumpster should be handled by the owner. Mr. Tolbert said. Afi advised that she spoke with the owner and he would move the dumpster. asked which floor he was on. Mr. Tolbert said the second. asked if he was concerned with safety. Mr. Tolbert said. asked if he would have access to the police department for security if needed. Mr. Tolbert said. said that PAL has a lot of influence with children and feels he is headed in the right direction. asked if food or beverages would be sold. Mr. Tolbert said he was t sure but would have soda and chips but food preparation on site. Maureen Adams, 4405 S. Hopkins Avenue. Spoke neither for r against. Marlene Adams, 4405 S. Hopkins Avenue. Spoke neither for r against. asked why you had to get a Conditional Use Permit for an arcade. Art said it might be for the congregating of young adults. complimented Mr. Tolbert for wanting to do something for kids. motioned to approve Conditional Use Permit #1-2008; Seconded by ; Roll call vote was as follows:

10 Planning and Zoning Commission -Page 10- January 16, 2008 Conditional Use Permit # Karen gave an overview of this item. asked if the fuel tank vents had been located on the site plan. Attorney Evans said he didn t kw. asked if the loading zone was for fuel delivery. Attorney Evans was t sure. asked about the lighting plan. Attorney Evans said it would probably be down lighting. asked how many signs there would be. Attorney Evans said there is one sign on the site plan. asked how they could approve if they don t kw where the fuel tanks would be located at. said that he had a lot of issues. motioned to table Conditional Use Permit # to the next meeting; Seconded by ; Roll call vote was as follows: Corrective Ordinance 62A-2007 Art gave an overview of this item. motioned to approve Corrective Ordinance 62A-2007; Seconded by ; Roll call vote was as follows:

11 Planning and Zoning Commission -Page 11- January 16, 2008 Amendment to Planning and Zoning Commission By-Laws Art gave an overview of this item. motioned to approve the amendment to the Planning and Zoning Commission By-laws; Seconded by. There was a unanimous voice vote. Reports Petitions and Requests from Public Present None Adjournment 10:06 p.m.