Regular City Council - April 12, 2022

 

CITY OF TITUSVILLE

COUNCIL AGENDA

April 12, 2022

6:30 PM - Council Chamber at City Hall

555 South Washington Avenue, Titusville, FL 32796

 

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office.

 

The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting.

 

1. CALL TO ORDER

 

2. INVOCATION - A moment of silence will be held.

 

3. PLEDGE OF ALLEGIANCE

 


4. APPROVAL OF MINUTES

 

A. Minutes - Approve the minutes of the regular City Council meetings on February 22, 2022 (5:30 p.m.), March 8, 2022 and the special City Council meeting on March 15, 2022.

 


5. SPECIAL RECOGNITIONS & PRESENTATIONS


 

6. BOARDS AND COMMISSIONS

 

A. North Brevard Commission on Parks and Recreation - The North Brevard Commission on Parks and Recreation's semi-annual written report is included in the agenda packet. No

action is requested.

 

B. North Brevard Library District Board - Accept the resignation of Regular Member Rhonda VanZant of the North Brevard Library District Board. The resignation was effective on April 4, 2022.

 

 

7. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA

ITEMS)

 

 

8. CONSENT AGENDA

 

A. Contract Award - Citywide Plumbing Services - Approve the award of Citywide Plumbing Services to Alligator Plumbing of Titusville, FL, in the estimated annual amount of $33,750.00 for plumbing services at various City buildings as needed and approve issuance of purchase orders.

 

B. Work Order #6 - Annual Stormwater and Piping Installation - Approve Work Order #6 to contract CN20B015, Annual Stormwater & Piping Installation in the amount of $18,300 to SDV Services, LLC for inlet replacement, milling and paving on County Club Drive.

 

C. Hanging Basket & Artificial Plants Contract Award - Approve award of bid #22-B-029 for the installation of Hanging Baskets & Artificial Plants to JB Lawn Control Inc, Titusville, FL in the amount of $34,491.24 for the initial year installation and $20,661.48 annually for plant replacement for a term of one year with the option of four one year renewals. Additionally, authorize the Mayor to execute the contract and approve the associated budget amendment and project creation.

 

D. Fiscal Year 2021 Annual Report for the City of Titusville Community Redevelopment Agency - Accept the City of Titusville Community Redevelopment Agency (CRA) Fiscal Year 2021 Annual Report.

 

E. Advisability - Code Related to Adult Day Care Facilities - Approve advisability for staff to develop code provisions for adult day care facilities.

 

 

9. ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

A. Ordinance No. 10-2022 - Urban Village (UV) Zoning Height - Conduct the second reading and final public hearing of Ordinance No. 10-2022 amending the Code of Ordinances Chapter 28 "Zoning" to amend the Urban Village (UV) zoning district and height requirements to permit additional height with incentives by amending Section 28-106 "Buildings over 60 feet in height, but not to exceed 100 feet" and Section 28-328 "Urban Village (UV)"; providing for severability, repeals of conflicting ordinances, an effective date and incorporation into the Code. (This is the second reading and final public hearing.)

 

The Planning and Zoning Commission considered this ordinance on March 16, 2022 and unanimously (6:0) recommended approval of the ordinance, as presented.

 

B. Ordinance No 11-2022 - Amending Requirements for Comprehensive Plan - Amendments – Wetlands - Conduct the second reading and public hearing of Ordinance No. 11-2022 amending the Code of Ordinances relating to wetland surveys required for comprehensive plan amendment applications specifically amending the "Development Review Procedures Manual", Section 4.1.11 "Comprehensive plan amendments, application submittal requirements"; providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code. (This is the second reading and public hearing.)

 

The Titusville Environmental Commission considered this ordinance on March 9, 2022 and unanimously (5:0) recommended approval of the ordinance with the following change to language in 4.1.11 "In the absence of an appropriate regulatory agency, the owner contracts with a qualified wetlands specialist or environmental scientist to allow for a wetlands survey that is based upon a delineation utilizing F.A.C. Ch. 62-340." The Planning and Zoning Commission considered this ordinance on March 16, 2022 and unanimously (6:0) recommended approval of the ordinance with the Titusville Environmental Commission's recommendation, which was to change the language in Section 4.1.11 to say "In the absence of an appropriate regulatory agency the owner contracts with a qualified wetlands specialist or environmental scientist to allow for a wetlands survey that is based upon a delineation utilizing F.A.C. Ch. 62-340."

 

C. Ordinance No. 13-2022 - Marinas and Yacht Basin - Conduct the first reading and the first public hearing for Ordinance No. 13-2022 amending the Code of Ordinances related to marinas by amending Sections 28-54 “Use table” and 28-143 “Marina and yacht basin“ to establish marinas and yacht basins as a limited use in the Downtown Mixed Use Uptown and Civic Waterfront sub-districts, and to require appropriate sewage pump-out facilities in marinas servicing boats with on-board facilities, and amending Section 28-324 “Downtown Mixed-Use (DMU) Smart Code” to remove residential mixed-use requirement for marinas; providing for

severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first of two required public hearings. The second public hearing is scheduled to be conducted by the City Council on April 26, 2022 beginning at 6:30 PM.)

 

The Planning and Zoning Commission considered this ordinance during their meeting on April 6, 2022 and recommended approval, as presented, 7-0.

 

D. Ordinance No 14-2022 - Car Rental Agencies in Downtown Mixed Use District - Midtown Sub-district - Conduct the first public hearing for Ordinance No. 14-2022 amending the Code of Ordinances to permit car rental agencies as a limited use in Downtown Mixed Use District (DMU) – Midtown sub-district by amending Sections 28-54 “Use table” and 28-107 “Car rental agencies”; providing for severability; repeal of conflicting ordinances; an effective date and for incorporation into the code. (This is the first of two required public hearings. The second public hearing is scheduled to be conducted by City Council on April 26, 2022 at 6:30 PM.)

 

The Planning and Zoning Commission considered this ordinance on April 6, 2022 and recommended approval, striking prohibition on RVs, 7-0.


 

Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.

 

E. Conditional Use Permit (CUP) #2-2022 Independence Recycling -Conduct a Public Hearing on Conditional Use Permit No. 2-2022 to operate a concrete recycling facility at 84 Golden Knights Boulevard. (This is a quasi-judicial item.)

 

The Planning and Zoning Commission considered this request at their April 6, 2022 meeting and recommended approval, 4-2, with staff's conditions and the following four additional conditions: 1. The stock pile areas be treated as impervious surface for stormwater calculations. 2. A 50 foot tree preservation buffer be in the front along Golden Knight Blvd be required but a reduction on the north and west buffers to 25 feet. 3. The quarterly report for testing be shared with the City of Titusville every quarter. 4. The emergency response procedures be reviewed and approved by staff during the site plan review process. One member voted no because this location is too close to the Indian River Lagoon. One member voted no because of the location and concerns with chemicals and runoff.


 

10. ORDINANCES-FIRST READING

 

A. Small Scale Comprehensive Plan Amendment with Rezoning (SSA) No. 2-2020 - The Cottages - Conduct the first reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA No. 2-2020):

 

Ordinance No. 15-2022 amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the future land use designation for approximately 9.7 acres of land located at the southwest corner of Highway U.S. 1 and the Dairy Road intersection with parcel id number 21-35-28-00-279, from the Commercial High Intensity future land use designation to the Residential Medium Density future land use designation; and

 

Ordinance No. 16-2022 amending the zoning map made a part of said ordinance by reference by changing the zoning classification of approximately 15 acres of land located at the southwest corner of the Highway U.S. 1 and Dairy Road intersection with parcel id number 21-35-28-00-279, from the Community Commercial (CC) zoning classification to the Planned Development (PD) zoning classification.

 

The land use amendment is a legislative item and the rezoning is a quasi-judicial item. (This is the first reading. The second reading and public hearing is scheduled to be heard by the City Council on April 26, 2022 beginning at 6:30 PM.)

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on April 6, 2022 and tabled until their regular meeting on April 20, 2022.

 

B. Voluntary Annexation Application No. 1-2022 and Small Scale Comprehensive Plan Amendment (SSA) Application No. 1-2022 for Correll Palms - Conduct the first reading of Ordinance No. 12-2022 for Voluntary Annexation Application No. 1-2022 and conduct the first reading of Ordinance No. 17-2022 (Land use amendment) and Ordinance 18-2022 (Rezoning) for Small Scale Comprehensive Plan Amendment Application No. SSA 1-2022:

 

Ordinance No. 12-2022 amending Section 7, Chapter 63-2001, Laws of Florida, special acts of 1963, by annexing certain property located east of Old Dixie Highway having parcel id: 21-35-29-00-778 to be included within the city limits; and

 

Ordinance No. 17-2022 amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the

future land use map, by changing the land use designation on approximately 29.87 acres of property located east of Old Dixie Highway and west of the intersection of U.S. Highway 1

and Oak Grove Road, parcel i.d. numbers 22-35-29-00-793, 21-35-29-00-778, 21-35-28-00-539, 21-35-28-00-520.1, 21-35-28-00-520, 21-35-28-00-535, and 21-35-28-00-522.1, from Commercial Low Intensity, Public/Semi-Public, and residential 4 future land use designation to high density residential future land use designation; and

 

Ordinance No. 18-2022 amending Ordinance Nos. 21-1993, 36-2002, and 8-2008, of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by

changing the Hospital Medical (HM) and General Use (GU) zoning districts to the Multifamily High Density Residential (R-3) zoning district on approximately 29.87 acres of property

located east of Old Dixie Highway and west of the intersection of U.S. Highway 1 and Oak Grove Road, parcel i.d. numbers 22-35-29-00-793, 21-35-29-00-778, 21-35-28-00-539, 21-35-

28-00-520.1, 21-35-28-00-520, 21-35-28-00-535, and 21-35-28-00-522.1.

 

The land use amendment is legislative, and the rezoning is a quasi-judicial item. The final public hearing is scheduled before the City Council on April 26, 2022.

 

The Planning and Zoning Commission, acting as the Local Planning Agency, denied annexation, FLUM and rezoning ordinances, 7-0. It should include a concept plan, Old Dixie functions as a local road and not a collector road, need to address potential eagle's nest, lack of sufficient or updated information on the wetland.

 

C. Small Scale Comprehensive Plan Amendment (SSA) No. 2-2022 Sisson Townhomes - Conduct the first reading of Ordinance No. 19-2022 amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the Future Land Use map, by changing the land use designation on approximately 11.82 acres +/- of property located west of Sisson Road, parcel I.D. number 22-35-27-AV-*-106, from the Medium Density Residential future land use to the High Density Residential future land use designation; and providing for an effective date; and Ordinance No. 20-2022 amending Ordinance No. 05-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Multifamily Medium Density Residential (R-2) to the Multifamily High Density Residential (R-3) zoning district on approximately 11.82 acres +/- of property located west of Sisson Road, parcel I.D. number 22-

35-27-AV-*-106; and providing for an effective date. 

 

The land use amendment is legislative, and the rezoning is a quasi-judicial item. (The public hearing on this item is scheduled before the City Council on April 26, 2022.)

 

The Planning and Zoning Commission considered this item on April 6, 2022 and recommended approval of the FLUM ordinance 6-1 and rezoning with concept plan and max 91 units, 7-0. One member voted against the FLUM ordinance due to potential impact to wellfield and based on staff's recommendation.

 

 

11. OLD BUSINESS

 


12. NEW BUSINESS

 

A. Ad Valorem Tax Abatement for Tax Year 2021 – Barn Light Electric Company - Approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 for Barn Light Electric Company.

 

B. Ad Valorem Tax Abatement for Tax Year 2021 – Brix Project Brewery LLC - Approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 and continuation of Ordinance No. 27-2015 for Brix Project Brewery LLC at 100 percent.

 

C. Ad Valorem Tax Abatement for Tax Year 2021 – Eckler – Industries - Approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 and continuation of Ordinance No. 18-2013 for Eckler Industries Inc. at 90 percent.

 

D. Ad Valorem Tax Abatement for Tax Year 2021 – Professional Aircraft Accessories - Approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 for Professional Aircraft Accessories at 100 percent.

 

E. Ad Valorem Tax Abatement for Tax Year 2021 – Paragon Plastics - Approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 and continuation of Ordinance No. 23-2015 for Paragon Plastics at 60 percent.

 

 

13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA

ITEMS)

 


14. MAYOR AND COUNCIL REPORTS

 

A. Mayor's Report - The Mayor's Report is included in the agenda packet.

 

B. Council Reports - City Council Members will provide their individual reports.

 

 

15. CITY MANAGER’S REPORT

 

A. City Manager's Report - The City Manager's Report is included in the agenda packet.

 

 

16. CITY ATTORNEY’S REPORT