Planning and Zoning Commission Regular Meeting April 2, 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, April 2, 2008 at 6:00 p.m. Chairman Fayson called the meeting to order at 6:00 p.m. Vice-Chairman Williams, Member Petyk, Member Banks, Member Shivel and Member Massarelli was present. Member Shafer arrived at 6:20 p.m. Secretary Fuller and Member Chambers were absent. Also in attendance were Planning and Growth Management Executive Director Courtney Harris, Senior Planner Arturo Interiano, 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 March 5, 2008 regular meeting. Member Petyk motioned to approve the minutes; seconded by Member Banks. There was a unanimous voice vote. Verbatim from February 20, 2008 Laura Ward comments. No action taken. 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. Consent Agenda Items: None Member Banks motioned with Member Petyk seconding the removal of the table on Rezoning #3-2008. There was a unanimous voice vote. Old Business: Rezoning #3-2008 Art gave an overview of this item. Bob Retherford, Property Services, Inc. 8641 Baypine Road, Jacksonville. Spoke in favor. Mr. Retherford gave a brief background of the hotel property and advised that the hotel closed in March of 2006 putting the property on the market.
Planning and Zoning Commission -Page 2- April 2, 2008 Member Petyk motioned to grant Mr. Retherford three additional minutes to speak; seconded by Member Shivel. There was a unanimous voice vote. Mr. Retherford asked the commissioners for their approval of the rezoning. Member Massarelli asked if he was saying that multi family would devalue the property. Mr. Retherford said, because of the market conditions, the value of the structure and land. They don t see a market for that type of property in the near future. Jennifer Kachmarik, 6526 Saint Partin Place, Orlando. Spoke in favor. Ms. Kachmarik advised that this would be a residential facility and advised of the types of services that they would provide. Member Massarelli asked what type of illnesses they would be treating. Ms. Kachmarik said typically one in ten suffers from mental illness and they would be treating a wide range of illnesses. Member Massarelli asked what types of illness they would treat. Ms. Kachmarik said depression, bipolar, asperger s syndrome and disorders. Member Massarelli asked if they would be treating alcoholism. Ms. Kachmarik said no. Member Banks asked where most of the clients would come from. Ms. Kachmarik said from all over the county. Chairman Fayson said in staff s comparable study the largest number of beds is 85 and they were requesting 200 beds and asked why so many. Ms. Kachmarik said because of the warm sunshine there is a lot to do recreationally and this is a good place to live. Catherine Walker, 4200 Alpine Lane. Spoke in favor. Ms. Walker apologized for the misunderstanding in tabling the item and gave a brief overview of the rezoning request. Stephen L. Williams, 911 N. Orange Avenue. Spoke in favor. Mr. Williams advised of the requirement to enter into the program and that the warm climate is a great place to rehabilitate. Member Banks asked where the home office is. Mr. Williams said Colorado. Member Massarelli asked if the current office is in Orlando. Mr. Williams said. C. Michael Williams, 5130 Hopner Ct, Colorado Springs, Co. Spoke in favor. Mr. Williams recognized the concerns from the residents and advised that they are careful in their selection process and that they would like the opportunity to bring a great facility to the community. Chairman Fayson asked if he met with the residents. Mr. Williams said no.
Planning and Zoning Commission -Page 3- April 2, 2008 Member Massarelli asked what long term is. Mr. Williams said his son is an original client from the facility that opened in 2002. Member Massarelli asked if it could be a lifetime. Mr. Williams said it could be. Member Massarelli asked what assurance they could give the public that the exclusion would not change. Mr. Williams said he couldn t predict the future. Member Banks asked about the screening process. Mr. Williams referred to Mr. Kachmarik saying that he could answer that better. Vice-Chairman Williams asked what the current patient account at the Orlando facility is now. Mr. Williams said the bed count is fourteen. Vice-Chairman Williams asked if it was feasible to jump from 14 to 200. Mr. Williams said they are consistently turning people away. Chairman Fayson advised that they will listen to both sides and make a decision. Valerie Williams, 5130 Hopner Ct. Spoke in favor. Ms. Williams advised that they would only have 100 beds. Member Banks asked Ms. Williams her address. Ms. Williams said 5130 Hopner Court, Colorado Springs, Colorado. George Kachmarik, 119 Pasadena Place, Orlando. Spoke in favor. Mr. Kachmarik said he believes this facility would have a positive effect on the community, increase the tax base, increase green space and that only one property that abuts them has homestead exemptions and that he doesn t think the uses would conflict with U.S. 1 corridor study. Vice-Chairman Williams said Florida is a good place to help people with mental illness because of the weather and advised that they have a hospital district and asked if there is property in that area that they would be willing to locate to. Mr. Kachmarik said they think the spot they have now has good potential, value and they don t look at their facility as a hospital they look at it as a residence with long term care. Vice-Chairman Williams said he looks at the zoning as Hospital Medical (HM). Mr. Kachmarik said they look at it as a residential type place. Chairman Fayson asked how it would be staffed. Mr. Kachmarik said with physicians in the community, registered nurses, therapist, cooks, a clean up crew and a night staff with a total of about 100 full time jobs. Chairman Fayson asked if he read the U.S. 1 Corridor Study. Mr. Kachmarik said. Member Masssarelli asked how they would increase the green area. Mr. Kachmarik said they would landscape the front of the buildings along U.S. 1 as a green area, improve the
Planning and Zoning Commission -Page 4- April 2, 2008 sides and courtyard area by planting trees and bushes. Member Massarelli asked if the restaurant would be used. Mr. Kachmarik said the building is in bad shape and would need to be removed. Member Massarelli asked if the food service is for the residents only. Mr. Kachmarik said. Member Massarelli asked about the income. Mr. Kachmarik said it would average around $40, 000 a year. Member Massarelli asked about the number of employees per shift. Mr. Kachmarik said 30 40 on a busy shift with fewer on the night shift. Member Massarelli asked if the residents would have cars. Mr. Kachmarik said no. Member Massarelli asked if the only people receiving treatment would be residents of the facility. Mr. Kachmarik said. Member Massarelli asked about the length of treatment. Mr. Kachmarik said usually about one year. Member Massarelli asked how many beds they would be applying for from the state. Mr. Kachmarik said 106. Member Massarelli asked about outside recreational activities. Mr. Kachmarik said they would be members of the YMCA; they would go to amusement parks and would be out in the community spending money. Member Shivel asked what would happen to the people that are turned away from the facility. Mr. Kachmarik said they are not turned out onto the street and are placed at other facilities. Member Banks asked if they discriminate against race or color. Mr. Kachmarik said no. Chairman Fayson asked about the Orlando office. Mr. Kachmarik said it has 14 beds with four people sharing a room with the rest being private and that it looks like a house. Chairman Fayson asked if it is in a residential area. Mr. Kachmarik said no. Chairman Fayson asked if it is fenced in. Mr. Kachmarik said the backyard is but it is not secured to keep people in. Member Massarelli asked if they contract with local physicians for medication. Mr. Kachmarik said. Member Massarelli asked if other personal services are provided. Mr. Kachmarik said
Planning and Zoning Commission -Page 5- April 2, 2008, they feed them, make sure they bathe, provide cleaning service and provide transportation. Member Massarelli asked how they could assure the community the exclusions would stay in place. Mr. Kachmarik said it is part of the company exclusions, the zoning and they would be willing to make it a condition of their use. Chairman Fayson asked how the community felt during the community meetings. Mr. Kachmarik said it was a mix of feelings and that he understands their fears. Member Shivel asked the maximum of beds. Mr. Kachmarik said their request is for 106 beds. Sharon Tidwell, 309 LaPaldma. Spoke against. Concerned that the campus would be open. Robert Robertson, 272 Coronado Blvd. Spoke against. Mr. Robertson said that the area residents don t want the facility in their area. Pat Santello, 3755 Hopkins Avenue, Apt.3C. Spoke against. Mr. Santello believes it would ruin U.S. 1. Betty Arnold, 3927 St. Sterling Avenue. Spoke against. Ms. Arnold said it is to close too public schools; there are other sites that would be more appropriate and that the campus would be open. Paula Cardwell, 237 Olmstead Drive. Spoke against. Ms. Cardwell advised that she felt it was unfair that she was notified at 6 p.m. on Tuesday that it would be heard tonight. She expressed concerns against the facility. Cynthia Shepherd, 4520 Mt. Vernon Avenue. Spoke against. Ms. Shepherd expressed her concerns against the facility. Elizabeth McDonald, Spoke against. Ms. McDonald is concerned with the open campus and asked that they not jeopardize the citizen s safety. Tom Anderson, 244 Jepson Street. Spoke against. Mr. Anderson is concerned with the location and that it deviates from the U.S. 1 corridor study. Laura Ward, 5317 Riveredge Drive. Spoke against. Ms. Ward feels the place for this type of facility should be in the hospital district and that there is no regulation in the Land Development Regulations that regulates this type of facility. Marlene Adams, 241 Pritchard. Spoke against. Ms. Adams said there is very little tourist type business on U.S. 1 and feels they should look for property by the hospital and that she is concerned with the density.
Planning and Zoning Commission -Page 6- April 2, 2008 Ed Springer, 4007 S. Hopkins Avenue. Spoke against. Ms. Springer is concerned that they would sell the facility in 10 years and with the stormwater and security. Member Massarelli asked about the run off problem. Mr. Springer said with a heavy rain it runs off of Olmstead to U.S. 1. Member Massarelli asked if the flooding is caused by this property now. Mr. Springer said no. Member Massarelli asked about his comment of too many social services in the area. Mr. Springer said there were several facilities in the area which have caused problems and that they are trying to stop those. People from the facilities hang out in the neighborhood. Mr. Kachmarik thanked the residents for their concerns and said he understands them. Chairman Fayson asked if they have a 501C3. Mr. Kachmarik said. Chairman Fayson shares Mr. Springer s concern that they would sell the property. Mr. Kachmarik said they wouldn t put 5 million dollars into the project and walk away. They are concerned with the transients in the area but feels that they can control that and that the night walks would be supervised. Member Massarelli asked if they would agree to in the term of conditions. Mr. Kachmarik said. Member Massarelli asked if they agreed to the conditions of the landscaping. Mr. Kachmarik said. Member Massarelli wants to make sure there would not be transitional phasing. Mr. Kachmarik said there would not be. Member Massarelli asked if there would be a TLC program. Mr. Kachmarik said that is a program in Orlando. Ms. Cardwell said there were two people living at the facility that the police took care of and that they counted five broken windows. They have a crime watch program in their neighborhood. They were told during the neighborhood meetings that they would not compromise on the transitional living program. Vice-Chairman Williams asked why staff believes it is not consistent with the Land Development Regulations (LDR). Courtney said they don t believe the zoning district is appropriate. Vice-Chairman Williams asked what would be an acceptable intensity rate for this property. Courtney advised that the Land Development Regulations (LDR) doesn t specifically describe what they wanted to do and they felt that Hospital Medical zoning district was the most appropriate zoning district for a facility with 100 beds for what they
Planning and Zoning Commission -Page 7- April 2, 2008 wanted to do but not for this location and doesn t think that Hospital Medical zoning is appropriate when surrounded by residential uses. Vice-Chairman Williams asked about the facility that they recently approved along U.S. 1. Courtney said that is a multi-family residential zoning district and they meet the requirement from a density standpoint. Vice-Chairman Williams asked if they are going to incorporate more in the codes. Courtney said it would be presented to them on April 16 th. Chairman Fayson asked what the state certifications are. Art said there are different levels with different requirements. Chairman Fayson asked how similar the requirements to an assisted living facility are. Courtney said they didn t look at the licensing requirements. Chairman Fayson asked Mr. Kachmarik what the state certified requirements were. Mr. Kachmarik said they are regulated by the agency for health care administrative and there are certain requirements for a Residential Treatment Facility like providing a safe facility, fire alarms, sprinkler system, if two floors you need an elevator or ramp, a certain amount of square footage per person, provide food that is regulated by the County Health Department, a clean and safe environment in the bedrooms and one hour of nursing consultation per week which they exceed. Taking care of people that are somewhat independent that needs some care. Member Massarelli asked if the issue before them is the rezoning and that they need to separate them from the proposed use. Attorney Broome said that is correct, they should be looking to see if the zoning is appropriate, if it is consistent with the comprehensive plan, judge the zoning on the criteria within the rezoning ordinance. Member Massarelli asked if conditions were imposed and the property was sold in five or ten years would the conditions remain. Attorney Broome said any conditions should be tied to the code and they would have to abide by the zoning requirements. Member Massarelli asked if the denial has to be consistent with the comprehensive plan. Attorney Broome said they could deny even if it is consistent with the comprehensive plan if it doesn t meet the rezoning criteria. Member Massarelli asked if there is any objection to policies that address this type of use or against surrounding use and compatibility. Courtney said. Member Massarelli asked if they were saying that the zoning request was consistent with the comprehensive plan. Courtney said there were no concerns but it is not consistent because of where the residential zoning is at and that it is surrounded by residential uses. Member Massarelli asked if it is staff s position that the rezoning request is not consistent with the comprehensive plan. Courtney said that is correct.
Planning and Zoning Commission -Page 8- April 2, 2008 Member Massarelli said when you look at the future land use map and you look at the areas that have been zoned Hospital Medical (HM) are there areas that are zoned high intensity commercial. Courtney said. Member Massarelli asked if there are areas that are adjacent to single family residential. Courtney said there are areas that they abut. Member Massarelli asked why it is consistent in those areas and not here. Courtney said they provided a very large buffer and in some case 500 feet. Member Massarelli asked if they could provide a 25 foot buffer would it be compatible. Courtney said no, there are no sides and that the property is very small for the zoning use requested. Member Massarelli asked if the City has a binding code ordinance where they could consider what would be coming before them. Courtney said it will be presented to them on April 16 th. Courtney advised that she wants to make it very clear that staff has worked very hard to work with this applicant. Member Massarelli asked about the consistency with the development regulations and that the Land Development Regulations (LDR) only requires a ten foot setback in that area. Courtney said if you have commercial and residential uses next to each other there is a twenty foot buffer requirement. Member Massarelli asked if there were any problems why it could not be used in the current zoning district. Courtney said no. Member Massarelli asked if it conflicts with the U.S. 1 Corridor Study. Courtney said it calls for multi-family residential. Member Massarelli asked if multi-family was not in today s market. Courtney said she doesn t think the market is the only thing they have in terms of the rezoning. They have to look at the neighborhood. Member Shafer motioned to deny the zoning request for Rezoning #3-2008; seconded by Member Petyk. Member Massarelli said from an economic and environmental point of view it make sense. There is no evidence that it is causing environmental problems and it is a positive environmental change and believes that we have a social responsibility to deal with these types of services and that it would work best in a residential setting and he will not support the motion. Vice-Chairman Williams shared his concerns and said that the code is silent, agrees with staff views on the location and feels they should be directed to areas that are designated
Planning and Zoning Commission -Page 9- April 2, 2008 for that type of zoning. Roll call was as followed: Member Petyk Member Banks Member Massarelli Member Shivel Chairman Fayson Vice-Chairman Williams Member Shafer no no no Motioned passed. New Business: Comprehensive Plan Amendment 2007-Water Supply Afi gave an overview of this item. Chairman Fayson asked if our water comes from Taylor Creek. Afi said not at this time. Courtney said there is currently a regional partnership of water utilities that are looking at that area and they are creating the governmental framework to regulate how they are going to proceed in the future. Chairman Fayson asked if they had some future concerns for the northern area of the County. Assistant City Attorney Broome said like Taylor Creek that is a source that is being pursued but hasn t been resolved. Member Massarelli complimented staff on a great job and response from the Department of Community Affairs (DCA). Member Massarelli asked when they do a rezoning do they check to make sure there would be an adequate water supply to service the development. Courtney said. Member Massarelli asked if they have discussed this with the Department of Community Affairs (DCA). Courtney said. Vice-Chairman Williams asked about the elimination of input from the Planning and Zoning board or other boards or groups. Courtney said they have never done that and that is why they are eliminating it. Vice-Chairman Williams asked if they would be eliminating the Planning and Zoning Commissioners. Courtney said no. Vice-Chairman Williams asked if the use of low water items like for showers would be mandated. Courtney said, for new development.
Planning and Zoning Commission -Page 10- April 2, 2008 Vice-Chairman Williams asked what they are currently purchasing from Cocoa. Courtney said they have a minimum water usage agreement with them. Vice-Chairman Williams asked what the goal is. Courtney said to not have to purchase water. Member Massarelli motioned to approve Comprehensive Plan Amendment 2007-Water Supply; Seconded by Member Petyk; Roll call vote was as follows: Member Petyk Member Banks Member Massarelli Member Shivel Chairman Fayson Vice-Chairman Williams Member Shafer Motioned passed. Comprehensive Plan Amendment (CPA) 2008-02 Art gave an overview of this item. Member Massarelli asked what funds were used to acquire this property. Mr. Brown with Brevard County Natural Resources said it was a three fold process with approximately 2.8 million for the entire parcel and nine hundred thousand used from stormwater assessment fees from the County, nine hundred from St. Johns River Water Management District and the remainder portion from Parrish Medical Center. Member Massarelli asked if there would be restrictions on the property for using the fees from the St. Johns River Water Management District. Mr. Brown said, the lower 16 acres of the property has to be used for a combination of things like conservation. Member Massarelli asked if there is a deed restriction that states it has to be used for stormwater. Mr. Brown said. Bill Row, 5425 Highway 46. Spoke in favor. Ernest Brown, 2725 Judge Fran Jamieson Way, Viera. Spoke in favor. Member Massarelli motioned to recommend transmittal of Comprehensive Plan Amendment 2008-02A; Seconded by Member Petyk. Member Massarelli said he feel that the intensity of the use in this area needs to be much greater than what they have been approving and feels that they need to adequately plan for this area and this area should be a priority for an area study.
Planning and Zoning Commission -Page 11- April 2, 2008 Member Petyk asked how much of the wetland is functional. Courtney said most of it. Mr. Brown said about twelve acres. Roll call vote was as follows: Member Petyk Member Banks Member Massarelli Member Shivel Chairman Fayson Vice-Chairman Williams Member Shafer Motioned passed. Reports Art passed out a handout with the minimum lot sizes for the zoning districts and the ordinance extending Conditional Use Permits for their recommendation. Member Petyk asked why they were receiving it this way. Courtney said the changes are very minimal. Assistant City Attorney Broome advised that they were asking for their comments tonight and that it is scheduled to be heard by City Council and is time sensitive. Vice-Chairman Williams voiced his concern that they would not have enough time to review. Chairman Fayson also thought it should have been brought to them sooner for review. Member Petyk asked why it was time sensitive. Attorney Broome said it is a temporary extension of permits for a two year period. Courtney advised they changed the code making a one time extension because projects with Conditional Use Permits are not being built because of the market. Member Massarelli asked with things changing could they be creating a situation where things could sneak in under the wire and suggested they recommend a year extension with a review after that to see where the market is. Courtney said they could recommend whatever they wish. Vice-Chairman Williams said he doesn t see how staff believes that it is minor change, he finds it to be a major change that should have been advertised and come before them again. Attorney Broome advised that they are not looking for a vote but their comments would
Planning and Zoning Commission -Page 12- April 2, 2008 be considered. Member Massarelli motioned to recommend to City Council that they change the ordinance extending Conditional Use Permits from two years to one year; seconded by Member Shivel. Member Petyk said she thinks they should come before them with valid reasons to extend the Conditional Use Permit. Roll call vote was as follows: Member Shafer Member Massarelli Member Shivel Chairman Fayson Vice-Chairman Williams Member Petyk Member Banks Motioned passed. Courtney advised that they were looking for applicants for the Affordable Housing Committee with different background and encouraged them to submit their application that is available online. Chairman Fayson suggested placing flyers at the Social Services Center and churches. Chairman Fayson has some concerns with the neighborhood project and where it is to be placed; that they don t meet the minimum lot size requirements. Courtney advised that they would not be building on those lots until they meet with the community and that the lot size is typical and they have built successful houses on lots that size. Chairman Fayson suggested combining the lots. Courtney said that would be changing the historic character of the neighborhood. Member Massarelli supports it and thinks it is a great idea. Member Petyk asked if they have historic regulations. Courtney said they do for the downtown. Member Massarelli asked about the Grissom Parkway site plan. Courtney said it is a subdivision plat, thinks there is an area there to create a downtown district and that they would be coming to them with a transmittal where they could make changes. Member Banks shared a memorandum of understanding between the City of Titusville s
Planning and Zoning Commission -Page 13- April 2, 2008 Department of Neighborhood Services and Support Services and asked about the departments. Courtney advised of the function of Neighborhood Services. Chairman Fayson asked how the property on First Avenue became City owned surplus properties. Attorney Broome offered to fine out. Petitions and Requests from Public Present Adjournment 10:06 p.m.