Planning and Zoning Commission Regular Meeting August 19, 2009 The Planning and Zoning Commission (P&Z) of the City of Titusville, Florida met for a regular session in the Council Chamber of City Hall, located at 555 South Washington Avenue on Wednesday, August 19, 2009 at 6:00 p.m. Vice-Chairman Williams called the meeting to order at 6:00 p.m. Present were Secretary Petyk, Member Cardwell, Member Chavier, Member Shafer, Chairman Fayson, Member Banks, Member Chambers and Member Massarelli with Member Fuller absent. Also in attendance were Planning Manager Art Interia, City Engineer Woody Rice, Assistant City Attorney Broome and Recording Secretary Darsi Davis. The first item of business was the approval of the minutes for the July 22, 2009 regular meeting. Member Shafer motioned to approve the minutes; seconded by Member Banks. There was a unanimous voice vote. Chairman Fayson 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. Secretary Petyk advised she would abstain from voting on item New Business item C, Cerrato Medical Park-Sketch Plat because she is employed by Honeycutt and Associates. Consent Agenda Items: None Old Business: None New Business: Ordinance XX-2009, Amendment to the Sunset Provision of the Dog Friendly Dining Ordinance Afi gave an overview of this item.
Planning and Zoning Commission -Page 2- August 19, 2009 Member Chavier asked how many businesses have taken advantage of this. Afi said ne. Member Chavier ask if it can be withdrawn at any time. Afi said it will sunset on September 1, 2009 unless the City Council extends it. Member Massarelli said he likes that it was done as a pilot study but has some concerns about the wording in the ordinance and asked if it would be appropriate to recommend to the City Council that they review this ordinance in five years. Afi asked Assistant City Attorney Broome if they could request a two year pilot program instead of letting it sunset. Assistant City Attorney Broome said City Council could continue to have a sunset provision but unless action is taken it will sunset on September 1, 2009. Member Massarelli said he would like to see a sunset provision whether it be two, three or a five year time period where the City would be force to take a look at it again. Member Chavier would like to recommend three years instead of five because he has read that people were having problems enforcing this ordinance. He can t imagine restaurant employees having to clean up after the dogs and thinks that the dog owner should be responsible for cleaning up after their dogs. Afi said dog owners do pick up after their dogs. Chairman Fayson asked if a special application would need to be filled out. Afi said. Chairman Fayson asked if anyone has applied. Afi said. Chairman Fayson asked if it is limited to dogs. Afi said. Member Massarelli motioned to approve Ordinance XX-2009, Dog Friendly Dining Ordinance; with the amendment to section one, enacting a new section 59-207, shall sunset on September 1, 2012 unless otherwise extended by the City Council of the City of Titusville. Seconded by Member Chavier; Roll call vote was as follows: Vice-Chairman Williams Secretary Petyk Member Banks Member Shafer Member Massarelli Member Chavier Chairman Fayson Motion failed. Member Shafer motioned to allow the ordinance to sunset on September 1, 2009 as indicated since there have been applications. Seconded by Secretary Petyk; Roll call vote was as follows:
Planning and Zoning Commission -Page 3- August 19, 2009 Secretary Petyk Member Banks Member Shafer Member Massarelli Member Chavier Chairman Fayson Vice-Chairman Williams Motioned passed. Ordinance XX-2009, Adding Advertisement Fees to the Platting Phases of the Planned Unit Development and Urban Village Development Process Art gave an overview of this item. Secretary Petyk asked how much the advertisement fee is. Art said it is $150 right w. Secretary Petyk asked how come they did an edit to the Planned Industrial District zoning. Art said it stands out because the Planned Unit Development (PUD) and the Urban Village (UV) in the regulations where it is written says they have to go for a preliminary and master plan hearing at the City Council level which are public hearings. They don t have this for the Planned Industrial Development (PID). Secretary Petyk asked if they paid an advertisement fee for a final plat. Art said they don t have a public hearing. Secretary Petyk said when a Planned Unit Development (PUD) final master plan is done and they are ready to plat it will go on the City Council agenda as new business. Art said. Member Massarelli motioned to approve Ordinance XX-2009, Adding Advertisement Fees to the Platting Phases of the Planned Unit Development and Urban Village Development Process; Seconded by Vice-Chairman Williams; Roll call vote was as follows: Secretary Petyk Member Banks Member Shafer Member Massarelli Member Chavier Chairman Fayson Vice-Chairman Williams Motion passed.
Planning and Zoning Commission -Page 4- August 19, 2009 Cerrato Medical Park-Sketch Plat Woody gave an overview of this item. Chairman Fayson asked if there would be ather cul-de-sac there. Woody said that was correct. Chairman Fayson asked if they would try and get the right-of-way to Silver Star Road in the future. Woody said he hopes they could make a connection. Chairman Fayson asked how many feet it is beyond the five hundred. Woody said approximately seventy. Rodney Honeycutt, 5195 S. Washington Avenue. Spoke in favor. Member Cardwell asked if the cul-de-sac was large eugh for supply trucks to make the turn. Mr. Honeycutt said it was large eugh for a fire truck to make the turn. Member Massarelli asked what the irregular shaped piece of property south of Tract A is on the drawing. Mr. Honeycutt said the Cerratos purchased that property to dedicate it to the City. Member Massarelli asked if the irregular shaped property is part of the proposed plat. Mr. Honeycutt said, it would be dedicated to the City. Member Massarelli asked why it is on the sketch plat. Mr. Honeycutt said they would clarify that. Member Massarelli asked if they are recommending everything but the irregular shaped piece of property. Mr. Honeycutt said. Member Massarelli said that creates a problem because there are utility lines running all over and asked if there were existing easements for those utility lines. Woody said it is proper to have utilities in the right-of-ways. Member Massarelli said it is t a right-of-way for this plat. Woody said it will have to be part of the plat and at the time of the final plat it will have to be dedicated as a public right-of-way. It is owned by the applicant. Member Massarelli asked if it would be a public right-of-way. Woody said they do have prescriptive rights and they did go out and look at the connection per prescriptive rights and they do already have access across the tract. Woody said it does need to be in the final plat as a public right-of-way. Member Massarelli asked if the applicant has any concerns with extending tract B in the future. Mr. Honeycutt said that was problem.
Planning and Zoning Commission -Page 5- August 19, 2009 Member Massarelli said the large retention area on sheet four makes lot nine look unbuildable and sheet five has stormwater around it and asked which is correct. Mr. Honeycutt said sheet five is correct. Member Massarelli said their recommendation should reflex sheet five. Mr. Honeycutt said that is correct. Member Massarelli asked where the length of five hundred feet for cul-de-sac came from. Mr. Honeycutt said he didn t kw and that in other places it is longer than that. Vice-Chairman Williams thought the Fire Department has problems with the cul-de-sac being longer than five hundred feet because of low pressure in the lines. Woody said they do a hydraulic analysis in all the lines to make sure they are flowing properly. Member Massarelli said it would create poorer quality and might cause contamination problems because of the length of the water line. What have they done to insure that the lines will be sufficient and maintain good quality water standards? Woody reminded the commissioners that he is t in Water Resources but said he would try and answer the question but it might t be the complete answer. He said during engineering they always put blow offs at dead end lines to basically act as a function so they can go out and flush the lines so they can make sure they don t have the kind of situation that Member Massarelli is talking about and they also have an end user to take care of some of the concerns. Member Massarelli said under the current approved plan for Cerrato Court and Silver Star Road, it would be improved by the developer at cost to the City. He is very concerned with the shifting of the burden because of tight budgets and other road type improvements that need to be done. How do they justify the cost of the improvement from the developer to the public? Woody said he doesn t kw that they are totally shifting the cost but agrees that it may be a very long time before Silver Star Road gets paved and improved. Member Massarelli asked if the property to the west that owns the Silver Star Road right-of-way wants to develop would they be required to improve Silver Star Road all the way to U.S 1 and could they make that as part of the condition. Woody said it is a different land owner and would probably remain a dirty road for a long time. Member Massarelli asked if Tract B is really necessary and if Silver Star Road would t be improved for a long time what would prevent the lot owners of one and sixteen to petition the City to vacate the public right-of-way. Can they te that Tract B is to provide access when Silver Star Road is improved? Woody said that would be appropriate and the final plat usually has tes about tracts with their intended use. Member Cardwell asked about the pressure if this is an eleven hundred foot dead end water line and at fifty-five feet the water pressure could go to twenty. Woody said there is a hydraulic analysis and they make sure it doesn t drop below twenty; the pressures in Titusville usually run about fifty to fifty-five PSI.
Planning and Zoning Commission -Page 6- August 19, 2009 Member Cardwell asked what would happen at the end of the eleven hundred foot water drop. Is the calculation based on the pressure of the main line? Woody said this would be done during the engineering review. Vice-Chairman Williams is concerned because there is requirement for them to have access and w the tract of land next to Silver Star Road won t be developed. Vice-Chairman Williams asked if the City is asking the applicant to go forward with trying to gain access. Woody said they are t because they tried for a year to secure the proper right-ofway and he doesn t kw how to hold someone responsible for something that they can t achieve. Vice-Chairman Williams said that he thought the right-of-way was secured the first time they heard this item. Woody said that is why they send sketch plats to the Planning and Zoning and City Council and this is very rare that they couldn t make this happen. Vice-Chairman Williams thought the five hundred foot cul-de-sac was an issue last time. Woody said the cul-de-sac was t over five hundred feet. Vice-Chairman Williams asked if they are setting this up for future connections. Woody said he asked the applicant to put in the right-of-way because it is his recommendation to still secure the land for future connection because he kws if he don t ask for the right-of-way w the chances of the City ever getting the right-of-way to make a future connection would be slim to ne so if they want the Silver Star Road connection to tie in here he would t have the legal right to cross this property to make the connection. Member Massarelli commented that he like the currency assessment. Member Massarelli asked about n-residential intense, one thousand square feet equals eighty and he assumes it is eighty thousand square feet, but when he looks at the impervious area on the sixteen lots the maximum square feet is eighty thousand square feet. Art said he believes it is five thousand. Member Massarelli wants to make sure they are t setting a cap of five thousand square feet or because the lots are a half acre. Art said it is a for five thousand square foot medical office on each lot. Member Massarelli asked if they are recommending approval and are they putting a cap of five thousand square feet per lot. Art said that is how the analysis where done for concurrency. Woody said one of the lots may have three thousand allowing ather lot to have seven. Member Massarelli said on sheet five there is a twenty foot landscape buffer on the rear of the lots facing U.S. 1 and a twenty foot landscape buffer on the lots facing Cerrato Court but the lot to the west only have a ten foot landscape buffer and asked were the numbers came from. Woody said from the landscape ordinance and anything that fronts a road requires a twenty-foot buffer
Planning and Zoning Commission -Page 7- August 19, 2009 and easements do t count, twenty feet around each cul-de-sac, and if there is t a road down each side of the property the buffer can go down to ten feet. Member Massarelli said on sheet four at the rth end by Georgia Avenue it looks like there is a potable waterline running on the property. Woody said, the reason you don t see the connection is because it runs down the property line between lots ten and eleven. Member Massarelli motioned to approve Cerrato Medical Park-Sketch Plat with the conditions as proposed by staff and with the following conditions: 1. That the un-labeled Tract south of Tract A which includes Silver Star Road proposed right-of-way be label track C and be identified as a public right-of- way. 2. Tract B public right-of-way, adding a te in the final plat that the intent of Tract B is to extend Cerrato Court to Silver Star Road when it is approved in the future. 3. That sheet four is modified to reflect the stormwater management facility at the rth end of the property between lots nine and ten to be reflected on sheet five. 4. The Planning and Zoning Board approved the five hundred and seventy foot cul-de-sac; Seconded by Member Shafer; Member Cardwell said off the west end of the cul-de-sac where tract C is located why can t they end the road within the right-of-way instead of the cul-de-sac then they would have two entrances instead of one. Woody said the problem would be that there would be two roadways right next to each other. Roll call vote was as follows: Member Banks Member Shafer Member Massarelli Member Chavier Member Cardwell Chairman Fayson Vice-Chairman Williams Motion passed. Petitions and Requests from Public Present None Reports Assistant City Attorney Broome advised that according to Section 253 of the Code of Ordinance which addresses board members attendance at meetings and that it is the Chairman s duty to advise City Council if a board member fails to attend three consecutive meetings it would forfeit their membership on the board. He advised that Member Massarelli has missed three consecutive
Planning and Zoning Commission -Page 8- August 19, 2009 meetings and it is their duty to inform City Council of the missed meetings. Chairman Fayson asked if a cancelled meeting counts as a missed meeting. Assistant City Attorney said that does t count. Member Shafer suggested that since Member Massarelli is a loyal and well informed member she would t want to lose his services. Chairman Fayson agrees. Assistant City Attorney Broome advised that Chairman Fayson on behalf of the board should convey to the City Council whether or t Member Massarelli absences were excused by this board. Chairman Fayson advised they do have other responsibilities and that if funds are available they should attend training. Chairman Fayson advised he was disappointed when he made the semi-annual report to City Council that ne of the commissioners were present and reminded them that they are required to attend a City Council meeting every three months. Chairman Fayson asked about attending training. Art said he would advise them at the next meeting of available conferences that are coming up. Member Massarelli mentioned professional meetings that will be taking place are the Florida Section of the America Planning Association conference in Jacksonville in September and the Space Coast Chapter of the American Planning Association is putting together a schedule of upcoming local events and that he will get the information to the commissioners. Member Cardwell asked if they need to make a motion regarding Member Massarelli s absence to City Council being a valued member of the Planning and Zoning Commission. Assistant City Attorney Broome said he would recommend it. Member Cardwell motioned that based on Member Massarelli s extensive background in Planning that a special tation be made that the Planning and Zoning commissioners feel his presence is valued in making the correct decisions, as well as his point of views and his history. He is a loyal and valued member of the Planning and Zoning Commission; seconded by Member Banks. There was a unanimous voice vote. Adjournment 7:30 p.m.