Hello. >> Hello. Good. How are you? Good evening. Um, welcome to the February 4th regular meeting of the Titusville Planning and Zoning Commission. Stand for the pledge,
please. I aliance to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all. >> Roll call vote, please.
>> Chairman Eton, >> here. >> Vice Chairman Childs >> here. >> Member FA >> here. Member Grod >> here. >> Member Scully. Member Gellen >> here. >> Alternate member Sidler >> here. >> Alternate member Troutman
>> here. >> All right, we have a quorum. Um, need to move to approval of the minutes of January 21st meeting. Anyone have any changes or additions or care to make a motion?
Member Sidler? I just have a correction on page four. Let's see page. Let's see if this is it. Yes, it said um
>> page four of the minutes or page four. >> Page four of the page four of the minutes. >> Okay. >> Or let me see. page. Yes, page four of the minutes. Instead of 1816 Knox McCrae Drive, that should be 18601860.
>> Which page? >> Page four under the quasi judicial confirmation procedures. >> Oh, that's yeah the packet. Yeah. Of the packet. Okay.
>> Oh. Oh, okay. Thank you. >> Okay. >> Yeah. All right. Anyone care to make a motion with the change? >> I'll make that motion. >> Member Childs, >> I I make the motion be approved the
minutes with the correction. >> We have a second. >> Seconded by member Chapman. All in favor? I >> I >> I >> Okay. >> Well, that's all right. >> Minutes are approved. >> Quasi judicial confirmation procedures,
please. >> Good evening. During the public hearing portion of this meeting, anyone wishing to speak on a quasi judicial item must first sign a public hearing agenda card and sign the oath contained thereon. These cards are located on the table at the front of the council chamber. 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 any item will speak third. The applicant may make a brief rebuttal if necessary. Witnesses may be cross-examined by the applicant count commission staff representatives and such other representatives as authorized by the commission. If you have photographs, sketches, or documents for
the planning and zoning commission to consider, they must be submitted into evidence and will be retained by the city. Please submit such exhibits to the city clerk. City clerk of all persons wishing to speak before the planning and zoning commission signed an oath card. >> Yes. Is there anyone else present who has not signed an oath card who wishes
to speak on a quasi judicial item? If so, please submit a card at this time. Have all agenda items been properly advertised? >> Yes. >> In the event that a member has received exparte communication, verbal or written, the identity of the person with whom communication took place and the
substance of the communication must be disclosed, including opinions and facts discussed. Any written communication must be made part of the record. Have the members visited any sites or spoken to any members of the public regarding an item to be reviewed? >> No. >> That's all. Thank you.
>> Thank you. Um, next we have petitions and requests from the public present. I'm getting good evening. I'm here just to talk about uh uh what's going on in the city and uh I don't see my timer thing.
>> It's >> okay. >> Oh, it's f down. >> Okay. Okay. Anyway, what I'm looking what I'm looking for is uh cooperation and uh as
far as obtaining the truth. Um the um uh uh as you know I'm a professional engineer and I'm I'm required to protect the health, safety and welfare of the public and in a way also you guys are doing the same thing.
Um but the thing is the problem is is that uh I say things and I'm telling the truth and you can't get your professional engineers to disagree with me. You might be able to get this young lady or this attorney to disagree with
me, but they don't have the uh uh what in other words, what if I tell the if I if I tell a lies to you, I'll be disciplined. You can discipline me from the board. The same goes for city employees that are pees. So, we have
some big problems and I just emailed you yesterday except Mrs. Sidler and probably uh I'm not sure somebody else, but uh an email to St. John's River Water Management District giving 13
reasons why this the the St. John's River Water Management District should revoke the permits for the two dams at the senior center. That's a that's an over a million dollar project and that's a serious issue. 13 13 matters. We also
have the issue of sustainability. So, here's some questions to you can ask yourself when you look in the mirror. How in the world can the city of Titusville have or I 95 I 95 have have all these
culverts under I 95 and they're not flowing with the water. And when you look from the west and you look westerly toward the St. John's, you see no ditch. So the problem is is you can say that we've got positive legal positive
outfalls, but when you maintain them, that's useless. When when you do not maintain them, it's useless. And that's what the city has been doing for 59 years. That's s that. So what I'm saying is this storm water is not sustainable.
It's violation of FEMA regulations. It's a violations of storm water management. uh our storm water management whatever it's called um pro program and
uh it's violation of laws within the state of Florida. So I'm here to answer any questions you have but I would like you to ask your professional engineers on a number of issues just like uh spraying people with sewage.
>> Thank you. Any questions? Okay, you can come up. I'm just going to be slow. >> Oh, I thought he was going to speak. >> Okay. >> Uh, seeing no more petitions and requests, uh, we have no old business.
And >> excuse me. >> Oh, >> so I have a question. >> Yes, sir. So Stan comes up very often, brings he brings up issues. Um, I've never quite heard any This is not for you, Stan. You can go ahead. I've never quite heard much in response to his his
issues that that he brings up. So do we have any answers for anything that he brings up? >> I I personally this evening do not have any response to his comments. >> Okay. because many of it much of what he puts out it it it goes unanswered at
least for me. I never hear a response for anything that he ever puts out. And I think that at some point in time um something that he says needs to be addressed at least to the community at large that they're at least taking what he says seriously and at least just to
address it and say, "Hey, like this this covert thing here, covert that go underneath 95 going east to west. tell the community that this citizen who brought this issue up that it's been looked into and this is what has been found. I think that um
it's something needs to be done at least a reply in some sort. >> I'd be more than happy to forward your concerns to staff. >> Thank you. >> Thank you. >> Thank you. >> Thank you. What's his name? Stan.
>> Stan. >> Stan, if I could get a copy of that email, if you would send it to me, I would like to look at it. >> Okay, fantastic. Thank you. >> Um, next item is item 9A.
>> Good evening. Uh Christy Anderson, senior planner. Uh this is item 9A. It's a rightaway vacate uh number 4-2025. Uh Gold Coast Developers of Florida LLC is requesting the vacation of uh the unimproved rights of way of Yale Street
and a portion of Zerith Avenue. The subject area is located at the northwest intersection of Elizabeth Avenue and Queen Street. An aerial um of the location has been provided on page 33 of your packets. There does not appear to be a public purpose for vehicle vehicular or
pedestrian access and no environmental impacts are anticipated by the proposed vacations. The public works department has no objection provided there is a condition of approval that an easement be provided for an existing water stubout located within the Zurich Avenue rightway. The
applicant has provided a sketch and legal of the proposed easement on page 32. All other utilities including AT&T, Florida Power and Light, uh Florida City Gas, and Spectrum have provided uh letters of no objection to the rightway vacate request. And based on these
findings, staff is uh recommending approval of the request to vacate Yale Street and a portion of the Zurf Avenue rightaway with the condition that an easement be provided uh over the existing water stepout. And that's all I have from staff if you have any questions.
>> Member Childs. >> So this is related to that reszoning we did like I don't know >> two meetings, >> two years ago, right? >> That that is correct. >> And we were you know it was just bad timing, right? the order of this, but there's nothing else after this that
related I mean at least that you guys have that's in the in the works >> related to not particularly related to that project. No, >> because it was just this was the only other outstanding thing, right? Okay. Thank you, >> Member GRD.
>> Thank you, Mr. Chairman. For Christie, a question that can be explored later. Um, if you look at page 25 of 48 where they illustrate the rideway, the two rideways. >> Yes. >> So, you have the east west one which is
Zurich Avenue. I don't know the layout of the plat and I've mentioned this on another occasion that it's my understanding that a vacation may not entirely go to the applicant for the vacated rideway if the ride ofway goes
north and south in this case within the plat boundary. Half would go north, half would go south. And the applicant may not be aware of that, but I just wanted to put it out there to confirm before it gets done where the rightway goes when it's vacated.
>> Yes. Typically, how once the vacation has been approved and from the center line, the property is divided by each property owner on each side of the road. Um, so that's typically how the property is reallocated to the adjacent property owners.
>> Fully understand that. That's the the the question really is the platted subdivision that Zerith Avenue is within. Is the subdivision from Zerth Avenue south or is the
subdivision inclusive of Zerth Avenue? So that would lead you to divide the rideway half to the north, half to the south. But if the subdivision was Zerith Avenue, all of it south, then all of the rightway goes to the property to the
south. It's kind of a technical issue that should be explored. I think as I mentioned before it gets to the completion just to examine what is the plat for these lots. It looks to me like this properties to the north are not part of a platted subdivision.
>> Um, from what I recall, the plat was done in 1926. Um, and I believe that the plat actually extends over areas that have been already replplatted. So, um, I I believe how this would be processed
is that it would be split down the center line and and awarded to each side of the property owners based on the information on the plat. >> Yeah, it all it's just just a footnote to double check where the plat was in reference to this vacated rightway within that plat. Thank you.
>> You're welcome. Amber Sidler. >> Thank you. Was it appears to me same page 25 and same street Zurich Avenue. And so are you saying that you think it's going to go half and half or is it
going to go half? So once the um once the rightway vacate has been approved and recorded then the property appraiser will readjust the properties and then they will be split down the middle of the center line and and you know half of it will be provided to the
property owner and this would probably only apply to the Zerith Avenue because the um the Yale Street is within the property and the same property owner owns both sides. So >> correct that I get but we're being asked
to vacate something but we're not sure where it's going and let's just say it goes down the middle and the northern half that is it it appears as though it was intended for a street to go through. There are trees there at this moment.
Was that a connector? Was was there an intent for this development to have a connector road through there? Um, it's hard to say, but it was never actually completed. Um, so the access has never been provided. Um, and nor has it been
utilized in quite some time. Um, hasn't been utilized for public access. Um, so the city feels that there's no public purpose involved in in this area. Okay.
My next question is probably out of lack of experience, that piece of property, who currently owns that and then the one down the middle, is that city owned? >> That is public right away. So, yes, >> they're both public right away. >> Yes, they have been dedicated to the
public. So, therefore, they need to request a rightaway vacation. >> Okay. If the northern half and it's halfway and there's it goes to the public still or does it
go who who will own that and be responsible for that if we're vacating it? >> It would be split down the center line and then each each property owner on each side would take half. >> Who's the property owner on that side then?
>> Um I I don't have their their name. Um, so I'm just going to go by the number off my map here, 1370. It's a looks like it's a single family home. So, does that mean that they are actually going to receive additional property free of
charge through this vacation? >> That's correct. >> And they're responsible for the whole thing. Then have they agreed to be responsible for that piece of property and the maintaining of it or >> So we have advertised the um the uh the
vacation and um followed all of the required procedures um obtaining notifications from adjacent property owners isn't part of the process. So, um, other than them them being notified with a mailer notifying them of this
public hearing which was done. Um, so basically with it without their acknowledging that they've received this, we they are getting a surprise now you own this property. How does that impact somebody that receives property
that they because just because we went through the normal mailing process, what is I mean I would be quite surprised to then now know that I'm responsible for a significant chunk of property that went I mean it's pretty significant. And how
does that impact them in terms of does it change their property taxes? Can they say I mean through a mailer? I mean a simple knock on the door, a call. How does I I would be surprised if then we did a vacation. This is again me being
new here and them being the Merry Christmas, you now own a significant part of property and you are required to maintain it. Am I now understanding that correctly? >> Um I I believe that is correct. Yes.
Okay, >> member Charles, >> I was just going to say I mean if they've been notified, it wouldn't be a surprise technically because they were notified this. They can always show up to this and city council and dispute it, right? >> But I think they were notified in a mailer that looks like junk mail.
>> Yes. Well, I I went through the process once, not all the way through, but got past this point and there had to be a meeting with both sides. >> Was there a meeting with them? >> No. Typically, this the city does not
have meetings with the adjacent property owners. >> Okay. >> Member FA. So, how wide is this road that we're talking about? About 16 feet. >> It It's a 50 foot rideway. >> 50 foot rideaway. And so, once you you
vacated, he just gained 25 ft of already unmaintained property. >> Correct. >> Okay. Cuz I because I actually know who lives to the north, right? And um he's already been using a lot of that property for the longest time anyway. Um
so by granting him more property, he'd probably say thank you that he didn't pay for. The only thing that'll probably be a problem is his taxes may go up. So, and it's only not that much. Um, so, so we're talking about 25 foot of property that he's already using to be honest
with you. If you go drive down there, you'll notice that Zurich that road he's he's been using it for quite some time. So, I don't I don't think it's going to be a big problem. All right. Um, I'll open the public hearing. Do you
have any cards, Lori, or does anyone I assume you're the applicant. Anyone have questions for the applicant? >> I do. >> Okay. members of the commission. Thank you for having me. >> Member FA.
>> All right. So, um, so again, we're here to look at this right here, right? Um, one of the one of my big pushes that I've had since sitting here is making sure that when developers move into this area that they employ local talent. Um,
that area that you're going to develop was going to take some time. Have you thought about or planned on using local companies to assist you in developing this area? >> That's a great question and the answer is yes. Right now in our pre-development
um proposals that we're gathering, a lot of the engineering members of our team are actually local residents. Um the landowner himself is a structural engineer who uh lives in northern Titusville. Um the site engineer uh
formerly um worked for St. John's River Water Management District. So we are utilizing people that are of the community and that will go not only from a high level in terms of the engineering workforce but also the day-to-day um mechanics of the actual construction
>> and again not asking about funding but approximately when do you guys feel like when do you guys think you'll be breaking ground? >> Well um we still have to obviously go through the permitting process and you know that can take anywhere from 3 to
six months. um we have secured the funding to get the construction loan that we need to be able to break ground. So I would say anywhere from 8 to 12 months. >> Perfect. And and last but not least, uh when can we see you getting involved in
your local community >> right now? uh by coming here speaking with you guys. You know, like I said, we've built about 30, 40 homes in the community and we work with local land owners to bring their vision of how they want to continue to participate in the future of Titusville, uh to life. And
so, um not everybody has the technical expertise in some of these areas. I myself am learning and the gentleman, uh Mr. Gerard helps every time I come here. Um, but that's that's my avenue of giving back to my community. >> Thank you, sir.
>> Thank you. >> Thank you, member Gar. >> Thank you, Mr. Chairman. Not to confuse anybody, but I think I answered my own question. I reviewed the property tax role and the Druid Hills subdivision. This property is the plat although it
was a replat. The property of the north is all by uh section land meets and bounds descriptions. So I would be at least my experience says that the right of way of Zurich came from the subdivision they own the property within. So the whole right of way will
probably go their direction rather than north and half. All due respect to the person you knew, they may not get free property, but you're right, that's that'll be fleshed out with the with whoever makes the decision how to assign the tax role. follow the taxes and
everything will come true. >> All right, I'm assuming no other cards, Lori. >> No more cards. >> I'll close the public hearing and bring it back to the deis. Anyone have any additional comments or care to make a motion?
>> Member FA. I move that we approve the vacate of the rideaway for number 4-2025 Zurich Avenue. >> Second motion second. Any discussion? Can >> Can I um ask that the condition of the easement also be included in the motion,
please? >> Yes. Yes. Uh with the stated condition that the ement is placed there for a water stub out. >> My second still holds. >> Great. Roll call vote, please. Member Grod, >> yes. >> Member Sidler,
>> yes. Vice Chairman Childs, >> yes. >> Member Gellen, >> yes. >> Member Troutman, >> yes. >> Member FA, >> yes. >> Chairman Eton, >> yes. >> All right. Uh, item 9B, election of officers.
Do we go that route right now or do we wait? Yeah, because they Okay, so >> I think what March is it the first week? >> City attorney, do you have any color on this? >> Yes, I was asked about this earlier and
just because of the way it's worded in the bylaws that the election shall occur on this date certain. Uh it would be my recommendation that the election is held today. If in the event a member is elected as an officer and later not reappointed, that vacation would create a new election at that time.
Okay. The the weird thing about it is that the charter also says that the city council will shall appoint, you know, reappoint people, but then they didn't. So, it's like you got two shalls and like we have to do it, but they don't. I
don't, you know, it's like weird, but I Yeah, I think it's I' I've heard that some sometimes they do PNZ has historically delayed it until >> I thought we did last year by a just a meeting though. >> Yeah, I think it was a meeting because I
think the charter says that it has to happen in February, >> not this specific, but since they've delayed it until March, >> but I don't know that it really hurt much anyway, but whatever. I mean, >> so just
For the record, who up here is up for reappoint slash turned out? >> Me, her, and oh, just on the row right here. >> The the left my left >> besides facing. >> Oh, you're there, too. >> That's an implication.
>> One to the right. >> Yeah. >> Yeah. Well, and he's the alternate trialman is also for reappointment, too. Yeah. >> All right. So I guess uh at direction of city attorney we should go ahead and do this and then um if um if it changes
they change. So um I don't recall who actually runs the election. Is that up to me? >> I think so. I think you do. I think you do. You ask for nominations and then I think that's what happened last year. uh asking uh for nominations for chairman
first, I guess is the order we're supposed to go into. >> I'll I'll nominate you for chairman. >> Thank you. >> Second, >> third. >> We have uh so any any other nominations?
If not, uh I think I need a motion to close the nominations. >> Motion to close the nominations. >> Second. Second for that. All in favor of that. >> I >> uh Okay. Now we need a vote on the nomination.
So uh for No, you got to move to elect me if uh I I think is how it goes. I just did this at the hospital board meeting this week. So, um, yeah, I think the, uh, I need a motion to approve the
nomination and elect me as chairman and then we do that vote and then we go the same thing again for vice chairman. >> So, you need a motion to vote on it. >> Yes, a motion. >> I'll make that motion to vote on it. >> Second. >> Okay. All in favor?
>> I. >> All right. So, now I guess I'm chairman again. Um, >> I got a question. It's fine. So, so, so we we we have this nice attorney over here, right? Which is a third party. >> Why Why do they not run it?
>> Why why does the attorney not run the election? >> I I don't know. >> Yes, but I mean, but he's he's he's our adviser and he's a nonpartial. >> The bylaws state that the chairman shall preside over all meetings. >> Okay.
>> Okay. >> I'm trying. >> I guess we No, it's fine. We we all need to be more familiar with the bylaws apparently. Good news is the city attorney is. So, uh so we're go through the same process. I'll open the nominations for vice chairman.
>> Member Chapman. >> Uh I would nominate uh Christopher. >> All right. >> Charles second. >> Third. >> Okay. All right. So now we need a motion to uh or any other nominations. Seeing
none, we need a motion to close nominations. >> I make a motion to close nominations. >> Second. >> All in favor? >> Okay. Now, we need a motion to approve the nomination. >> I make a motion to approve the nomination. Is that good?
>> It's It's confusing, but I think we're following process here. >> All in favor? Hi. Okay, now we got new blood because our former secretary is no longer >> uh part of the board. So, uh we need a
nomination for secretary. >> I would nominate Aaron FC. >> Second. >> I have a motion and a second. Any additional nominations? >> Mr. Gro. >> Oh, there we go. We have a second for
member. >> Second. >> Okay. All right. Hey, we got a battle now. >> I was thinking of LBJ. Quote, >> Lyndon Lynon Mates Johnson quote, I shall not seek nor will I accept.
>> It's not appropriate for this for this forum. >> So, we want any additional nominations to make it really interesting here. All right. So I guess the first one is a vote for or well I need a motion to
close nominations. >> Motion to close. >> Need a second for that. >> Second. >> Okay. All in favor of closing the nominations. >> I >> Okay. Now I don't think we've ever done this before. So uh I guess
um do we just roll call on each person or you roll call on >> or can we discuss? >> Yeah. Does he really not want to? Does Gro really not want to serve? >> I think Mr. Facing is an excellent nominee. >> Okay. >> So, does he need to withdraw?
>> No. I mean, >> no, we'll just we just won't vote for him. He just hope he doesn't take personal. >> All right. >> So, I'll make a motion to vote on it or what? >> Yeah, >> I think that's >> I'll make a motion that we vote on the
secretary. >> You a second for that? >> I second. All in favor? >> Okay. Now we need a roll call vote to pick either member facing or member Gar. >> Member Gillan.
>> Yeah. It just say garage or facing >> FA. Member Grod. >> Mr. FA. >> Vice Chairman Childs. >> FAC. >> Member FA. >> Mr. Grod. >> Member Troutman.
Mr. FA >> member Sidler. >> Mr. FA >> Chairman Eton. >> Mr. Face. >> Yeah. And I I'm not sure what duties the secretary has, but you in case we're
both gone, then you you get the the gavvel that we don't have. >> It it's the root word of secretary secret. >> All right. >> Thank you all. I don't see any public present, so I'm assuming we have no petitions and requests from any ghosts
out there. Uh, city staff have a report. >> No reports. >> City attorney, >> no report at this time. >> Uh, I do not have anything. Do any of the members member FAC? >> I do. Um, one moment. There's a community conference being
held on March 7th at the senior center. um which is 909 Lane Avenue in Titusville. And this will be a discover, connect, and empower. And they're going to be going over how uh the citizens can be involved in local government.
>> Hopefully, it's well attended. >> Uh member Gellen, >> good evening. I just want to say that um serving on the this is my first year, so serving on this board has been truly a pleasure. I uh definitely respect each
and every one of you staff, you know, you guys do a lot of hard work. Um but you know, we are volunteers and I just wanted to give you guys your flowers, you know, because it's it's a lot of the the other night we were here till late, but I just want to say I appreciate each
and every one of you for taking the step. And for anybody that's listening, you know, please make sure that you get involved in these boards. I know the city of Titusville just posted um some advertisements about it. So definitely look into it, ask questions, get
involved because our voice matters. So yeah, appreciate you guys. >> Thank you. Member Troutman. >> Uh yeah, my question is I actually I have a question. Sorry. Uh not a just comments and stuff. Um I'm I'm curious if if a person owns a piece of property,
all right, and some of that property was encroached upon however many years ago, okay? Um, and there's a fence line already established and this has been like this for however long. I'm curious what the process is about that up, you
know, if somebody had a piece of land that like this, what that piece of land that is fenced off technically the neighbors properties and stuff. What I guess what is the direction for that for for a piece of property?
>> So there's a term you're going to explain eition. So there's a a concept in property law called adverse possession. Uh common law it was typically 20 years. Florida has stat as has statutoily reduced that to seven years. There's two different forms. There's with color of title or not. Um
under the fence example, it would be with color of title. So there's a little bit >> easier time proving that it's now your property after the seven years, but it would revert to the person who's been claiming it for that seven-year period. And then if you go through all that and
everything goes well and it goes towards that property person uh property's favor, um does that require a replat or anything of that property? And then if it does, how do does the new laws of
setbacks and all this stuff uh how does that apply and things of that nature? I'm curious. >> It would functionally change their property line. So if they were applying for, you know, new development, the setback would apply based off that new property line rather than the old one. >> And it's just staying as a single family
property, not like development, I guess. Or is that considered a development even though it's still a single family property or >> it would depend on the nature of what change they were trying to make. You know, if they wanted to just push a wall out on their home, they'd be subject to the new property line setback
requirement. But if they wanted to undertake, you know, additional forms of development, it might change things. >> Okay. Thank you so much, >> Member Gar. >> Thank you, Mr. Chairman. Um, as I mentioned before, this type of year, the thousand friends of Florida does
webinars. There's one coming up on February 11th that brings you up to date with the status of legislation going through Tallahassee, and then there'll be a conclusion that'll occur after the session's finished. I can follow up that date provided I survive the eyides of
March and the uh benefit for all the members is there's again some um push to a decent uh to centralized development authority within the state rather than local governments. It just each year
it's additional along the >> I'd welcome everybody to watch it's pretty easy. It's lunchtime. You can watch it on your phone. It's stated I think it's an hour and a half and uh it's always very informative. >> Okay. Don't see any other lights. So I
think we are adjourned. >> Thank you.