Planning and Zoning Commission - Regular Meeting

Good evening. Welcome to the March 18th first session of the Titusville Planning and Zoning Commission. Please stand for the pledgece to the flag of the stands nationisible for all.

All right. I think our first order of business is swearing in of our two new members. If I could have Mr. Rice please come to the podium, raise his right hand and read the oath into the record.

This needs to connect. Okay. Yeah, just raise your right hand and read your read it into the record, please. Yep. Just into the microphone.

Just read it into the microphone, please. I, Lynwood Rice, do solemnly swear to support, protect, and defend the Constitution and government of the United States and the State of Florida against all enemies, domestic and foreign, that I will bear true faith, loyalty, and allegiance to the same. that I am entitled to hold office under the constitution and that I will faithfully perform all the duties of the office of Titusville environ Titusville PNZ um for the city of Titusville which I am about to enter. So help me God sworn this this office 18th day of March 2026.

Congratulations. Thank you. Okay,

Mr. Graham, if you could please do the same. I, Lawrence Graham, do solemnly swear to support, protect, and defend the Constitution and government of the United States and the State of Florida against all enemies, domestic and foreign. That I will bear true faith, loyalty, and allegiance to the same. that I am entitled to hold office under the Constitution and that I will faithfully perform all the duties of the office of Titusville Planning and Zoning Commission for the City of Titusville on which I'm about to enter. So, help me God.

Congratulations. Thank you. Thank you. Welcome. Um, I guess roll call, please. Go ahead and come up here, gentlemen. Chairman Eton here. Member Graham

here. Secretary FA. Member Rice here. Member Gerard. Member Scully here. Member McDaniel. Alter member Sidler. Alter member Troutman.

All right. Thank you. Um that we're good with a quorum right on on four now that we have the member sworn in. Um next I need um approval of the minutes. Anyone have any changes or comments? If not, motion. I make a motion to approve the minutes as written. I'll second. Member R. Motion by member Scully. Uh second by member Rice. All in favor say I. I. I.

I. Any opposed? All right. Minutes are approved. Uh do we I don't know if we have any quasi judicial items. Do you if you want to read the quasi judicial confirmation procedures during the public hearing portion of the meeting. Anyone wishing to speak on a quasi judic judicial item must complete and sign a speaker card along with the corresponding oath on the card. The cards are located on the table in the front of the chambers. City staff will make the initial presentation and then the applicant will present. Then the hearing will be open for public comments and those who wish to make a public comment on an item will speak third. The applicant may make a brief rebuttal if they desire. Witnesses may be cross-examined and all photographs, sketches or documents for the hearing must be submitted to the city clerk and will be retained by the city. Members, please disclose any exparte communications or site visits at this time.

Thank you. Uh, this is our first petitions and requests from the public present.

Stan Johnston, uh, professional engineer and former employee of the Bvard County in the city of Titusville. Um, I've been a registered engineer since 1976. And um, I go into I've been through school, did well in in in college, and uh, the question is is when I leave and I stop my work and my I look back on it, I say, is that my goodness, there's some things that were not done right by the city and the county. Let me give you an example, just a quick one. is that uh uh both the city and the county have regulations that show show that your asphalt thickness when you build it is supposed to be about inch and a half thick and I believe that it should be an inch and a half. However, when the county the inspectors they don't measure it. How do they know it's an inch and a half? Well, that's a problem. In fact, there's one time they didn't measure it at all and they went ahead and approved the final plant. And so, it was a big it's a big subdivision out here at uh on on uh 46. And so, the county went in and spent, I believe, well over $100,000 paying for the pavement because there was no pavement there. and it was approved by the county for the final plan. That was a big deal in the in the city. The city is somewhat familiar similar to that is that I was uh uh inspecting a um a road and I said, "Well, you know, we're going to have to find out whether you're going when you're paving it, it's got to be an inch and a half." And I say, "That's that's the standard. It's got to be at least an inch and a half." It's both both city and county also

share some of this stuff with from FDOT. FDOT is very different in in their measurement of of uh pavement thickness because they allow that which is less than than what is shown on the plans with some uh uh some some other specifics as far as how it's to be done. So, I asked the I I said, "Well, you know, you're going to have to measure to since I'm I'm don't I don't have the uh tonnage and so forth that has been on the project. You're going to have to have some pills done." And the contractor was very angry at me because he said, "Well, we've never done that before, but they did it for me." In a similar way as what we have is what what I presented to you the last meeting was this was cross-sections for of 16 cross-sections to be applied in in the engineering report of the city of Titusville 1966. I'd like to have one more minute please.

Anyone care to make a motion? I think you're out of time stand. Oh my goodness. Okay. Sorry. Well, y'all didn't find out what happened. Okay. All right. Uh I don't see any more people available for petitions. Uh no old business. Uh only item on new business is the live local ordinance. Staff.

Hi. Uh good evening. Uh Christy Anderson, senior planner. Um so this item does re uh involve the uh live local act. Uh, state lawmakers passed the live local act in 2023 to spur construction of affordable housing in Florida through funding tax and zoning preeemptions. The law requires local governments to allow certain multifamily developments in commercial, industrial, and mixeduse areas if at least 40% of the units are set aside as affordable rentals for 30 years. On July 1st, 2025, Senate Bill 1730 became law, which amended portions of the Live Local Act. The most significant changes address plan unit development developments parcels owned by religious institutions, a new mixeduse definition, historic preservation protections, flexible parking provisions, and a new annual reporting requirement. Enclosed on page 27 of your packets is the draft ordinance amending the city's affordable housing housing regulations to be consistent with Florida chapter 2025 172 of the laws of Florida. A summary of the bill is provided on page 10 of your packets and the underline and strikethrough of chapter 2025 172 begins on page 12 of your packets. The ordinance amends chapter 29 special districts and overlays article 8 special land use standards division 4 affordable housing of the city's land development regulations. The ordinance includes new definition, amends the definition of mixeduse residential development, amends the development standards, and includes restrictions in the historic districts. The ordinance does not include the optional allowance for affordable housing developments on lands owned by religious institutions. Um, staff is providing a recommend recommendation of approval uh of the draft ordinance as presented. And I'd be happy to uh address any questions you have from staff at this time.

All right. Uh, does anyone have any questions?

Okay, seeing none, do we have a motion? Don't you have to open up for public hearing? Oh, yeah. Do we have any cards? I'm sorry. Open. No, sir. Okay. I'll close the public hearing. Uh, I saw Stan packing up so I assumed it was I do have some. Okay. A couple of them are just out of curiosity. Just a reminder, please turn your microphone on. Sorry. A couple of them are just out of curiosity. I noticed that, you know, the this bill passed in July 1st, 2025. Okay. And it's, you know, 2026. And I know the reporting doesn't have take place until November,

correct, of this year. But when you I mean and I don't know I don't know that this bill had any impact between the time it was adopted and the time that we're making changes today but what do you do during that period if we haven't changed the LDRs yet but the state legislators have adopted this this law this ordinance that we have to comply with what happens during that period um so we would we would be regulated under our current um current code. Um I don't know if the assistant city attorney could chime in as to how that typically happens when state law is different than our current code and we need to provide

you haven't caught up to it yet. Yeah. Well, typically the bills will um have an effective date a couple months later than the date that they're passed. Um oftentimes for certain sections within the bill, they'll specify specific effective dates for those provisions. If the city had not caught up yet, um the city would proceed under its own ordinances to the extent they don't conflict with the new law. Uh but the new law would supersede any of the city's ordinances if there is a conflict and we would have to follow the state provisions. Okay, that was one just I just was more curious of how you juggle it.

I mean and I do know that there was state legislation that was approved last week. So, uh, we'll likely need to amend this code section again after July. So, okay. Um, the other question is when I tried to compare the LDRs to what the bill said, I tried to cross reference to see, you know, what it was including. Did we include everything? Was there anything in our ordinance that went beyond what the state said or did you just go through to match what the state bill was indicating

um I believe the intent of this amendment was just to be compliant with the state law. So most most of the changes that you do see are uh basically verbatim from the state. Um there were a little bit of cleanup um with just some uh inaccurate language and um just some scrier error type cleanups, but primarily mostly the intent is to comply with state law. All right. And then if you would turn to page 30 of 33 in the agenda of the ordinance of of this item. Yes. And I'm looking at um it's it's labeled D. Well, it's five now. This D is crossed out. So it's at the bottom of the page.

Yes. And it says uh live local projects may not be located on recreational commercial working waterfront zoned industrial areas. Correct. What are our zone zoning what what zoning categories in our city would this fall under? Do do you know which one specifically that that this would apply to? Um or is it just SMU

commercial working waterfront zoned industrial area? I am not sure what zoning district that would fall under. Um because it is referring to a waterfront zoned industrial area. Right. That's what um I know that's what the bill said, but I just didn't know if which one was specific in Titusville that it would would apply to. I I don't have a good answer for you at this time and it could just be that the state allowed us to provide that regulation and we added it in there but um I apologize I don't have the correct answer for you.

I think as long as you have it you know if city council were to ask yeah I'll make a notation.

Okay. Um the other thing I was just curious the height portion of this and I know you're f you're following exactly what the state said. So I really don't have a problem with I just want to make sure I understand it. If if I live next to and I'm a single family residential and I want to do the local act, but I have 3/4 mile away a 10story building. Okay. I can go to 150% up well it's actually it says up to 10 stories or 150% of what the existing within a certain mile radius and and so that that trumps our zoning ordinance in height.

That that's correct. Um, this new language allowed us to um provide additional restrictions for areas that were single family because I think the the state had a lot of issues with this. So, they proposed this change to add additional regulation for to protect those single family areas. those if they do meet the requirements of um J um on page 31 then they would be limited to that particular height as to where previously it was basically citywide. So it does narrow it down a little bit for those single family subdivision areas. Okay. Then I have one more question

and that's on page 31 since you're already there. Okay. Open space. Yes. It it actually we're we're taking it from 25% to 10% according to this bill. Correct. Okay. How does that affect landscape buffers and requirements if because we have minimum landscape buffers? Okay. And do those get reduced once you hit the 10% or what happens to those? Um no, they would still be required to meet the minimum buffer requirements. Um they would just be also required to provide um at least 10% of open space which is in addition to the landscape buffer requirement.

Um if you look at the definition open space doesn't include landscape buffers. It it does but they would still be required to meet the minimum standards for the landscape buffer requirements. Okay. So it would trump basically the open space requirement as long as you know if you had 10% open space and landscape buffers were beyond that the landscape buffer requirement would trump that. Is that a correct statement? That's a good point. Um

I just didn't know how that would work. I I would think that yes, that would be considered beyond the 10%. So potentially if they did exceed the 10% with just utilizing the landscape buffers that that could potentially um happen. Um but that's a good point to make. Um because if it did if it did adjust those landscape buffers,

then it's going to affect a lot of things like the quantity of plants that you put in those landscape buffers because now you have a reduced area. If if you were trying to exercise just the 10% threshold required for this type of development that that's a good question. I can make a new case.

I mean, I don't think we have a choice. I mean, this is what state, you know, the state has passed. It just was more food for thought of of how we're going to address that um when a project comes in that applies this this rule, this law. Well, it does state that the at minimum at least 50% of the open space must be pvious areas dedicated to active or passive recreation, which could also include those landscape buffer areas. So, I'll definitely make a notation.

It it's more of a I don't think it affects the ordinance at all. I think it's just more of how staff addresses those type of issues in this ordinance and what impact it has on correct on the way you view things. And to be honest, we really haven't had a chance to test this out on an actual project yet because we haven't had any active applications. I didn't think you had I didn't know of one either. So, okay. There could be room for improvement in certain areas. Okay. Well, um that's pretty much all I had. Thank you. You're welcome. Any other members? I have a question for you. I have a question for you.

Back to the thing he just brought up. Would an example of that recreation, commercial, working, waterfront, industrial area be the FPNL power plant down south of town? Um I'm I'm not exactly sure where you're referencing where that is located. When he his first thing that he brought up that we didn't have an example. No, the the FPL station. I'm not familiar with that location. Uh just south of town where or Utilities is across the street. We have that that gas power plant right there. Um

and it's got residential right next to I believe that that area is in unincorporated. I I know the logistics center is annexed into the city and I think that's as f far far south as we go, but the the power plan itself is not within the city's jurisdiction. Thank you. You're welcome. Seems like that would be an example. You would think it would be an example question. Um if had it been in the city limits. Um, anyone else? Um, anyone care to make a motion? Member ice.

Okay. Yeah. Uh, I'll move to approve the ordinance as written um tonight. And I'll second it. Members Kelly seconds. All right. Uh, roll call, please. Member Rice. Yes. Member Graham. Yes. Member McDaniel. Yes. Member Scully. Yes. Chairman Eton. Yes. Got a name change up here, too.

All right. Uh motion passes. Um that was the last item point of question for city attorney. Since member McDaniel now was reappointed, she doesn't have to be sworn in again, does she? That's correct. Okay. All right. So, we're good there. Uh any reports, city staff? Um no reports, but I just want to note that um you will be seeing the election of the vice chair on your next agenda, so you can food for thought. Okay. Thank you very much. City attorney, no report. I don't have anything. Any of the members, new or old, have anything? Member Rice,

I just want to share with my fellow members that I'm hearing impaired. Okay. And I have a lot of devices around me that send signals to my coar implant. One of those devices are headphones. So sometimes you might see me wearing a headphone just so I don't miss anything. So I just wouldn't know if if you see me with a big bunch of headphones or something like that, it's it's not that I'm playing music. I'm trying to hear what what's going on. We understand. We'll see if the people watching YouTube understand or not. So, member Graham. No, I I just Oh, yeah. Either way, you already

I just like to thank everybody and I look forward to working with each and every one of you. I haven't had a privilege yet of meeting you, but um I look forward to it and uh see what the next couple years bring. I really like her because she has she has a Gator theme already. All right. Uh, we stand adjourned. Thank