Regular City Council - May 10, 2022

CITY OF TITUSVILLE

COUNCIL AGENDA

May 10, 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 meeting on February 22, 2022 (6:30 p.m.) and March 22, 2022 (5:30 p.m.).

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

6. BOARDS AND COMMISSIONS

 

A. Historic Preservation Board - Accept the resignation of Alternate Member Jean Caramanna-Collins of the Historic Preservation Board. The resignation was effective on April 25, 2022. Additionally, appoint one alternate member to the Historic Preservation Board with an unexpired term to expire on October 31, 2022. 

 


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

 


8. CONSENT AGENDA

 

A. Compensation Study Analysis Contract - Approve the use of the City of Punta Gorda Contract

#R2021101/SVC-COMPBENESSTUDY/2122, effective through 06/30/2022, to retain Evergreen Solutions, LLC from Tallahassee, Florida to conduct a compensation study in the amount of $18,500. Additionally, authorize the City Manager to execute the contract upon satisfaction of terms and conditions through review by the City Manager and City Attorney.

 

B. Advisability - Update Approved Tree List in Landscaping Technical Manual - Approve advisability to advertise an ordinance amending Table 1, Section 5 of the City of Titusville Landscaping Technical Manual to remove Wild Date Palm (Phoenix sylvestris) from the list of approved canopy trees.

 

C. Resolution No. 11-2022 - Extending Deadline for Right-of-Way Vacate No. 2-2021 - Aguinaldo Avenue - Adopt Resolution No. 11-2022 amending Resolution No. 39-2021 extending the deadline to November 18, 2022 to allow the applicant to provide easements required as a condition of Right-of-Way Vacate No. 2-2021, Aguinaldo Avenue.

 

D. Approval of Travel Expenses for Historic Preservation Board Member to Attend the Preservation on Main Street Conference - Approve the travel for a member of the Historic Preservation Board to attend the Preservation on Main Street Conference in Deland, Florida on July 27 - 29, 2022.

 

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

 

A. Ordinance No 14-2022 - Car Rental Agencies in Downtown Mixed Use District - Midtown Sub-district - Conduct the second 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 item was tabled from the April 26, 2022 meeting to receive a recommendation from the CRA, which will be presented to Council at the meeting.)

 

The Planning and Zoning Commission considered this ordinance on April 6, 2022 and unanimously (7:0) recommended approval, striking prohibition on recreational vehicles.

 

 

B. 2022-2026 Community Development Block Grant (CDBG) Consolidated Plan and 2022-2023 Annual Action Plan - Conduct public hearing on the City's CDBG 2022-2026 Consolidated Plan and 2022/2023 Annual Action Plan, and approve submittal to HUD.

 

 

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.

 

C. Conditional Use Permit No. 3-2022 for a School (Public or Private) at 2600 S. Park Avenue, Park Avenue Baptist Church - Conduct the public hearing and approve Conditional Use Permit No. 3-2022 to allow an expansion of an existing private school on the campus of the Park Avenue Baptist Church, 2600 South Park Avenue.

 

On May 4, 2022, the Planning and Zoning Commission (P&Z) recommended and voted to approve CUP#3-2022 – Park Avenue Baptist Church School with staff recommendation #1 which is as follows: 1. As a condition of approval, parking for the school shall be designated by signage to ensure that school parking spaces meet the required twenty-five (25) foot front setback line in the R-1B zoning district. The Planning and Zoning Commission did not approve the staff recommendation #2. Approved with a 6 yes, 1 no vote.

 

Chairwoman Speidel voted no because she feels additional construction is needed (covered walkway).

 

 

D. Conditional Use Permit No. 1-2022 to Increase the Allowable Height for a Hotel and Two Multi-family Buildings in the Urban Village (UV) Zoning District for Property Located at 3550 South Washington Ave. - Conduct the public hearing and approve Conditional Use Permit No. 01-2022 to maximize the allowable height per the master plan for two multifamily buildings (labeled as F and G) and hotel on property located at 3550 South Washington Avenue with conditions.

 

On May 4, 2022, the Planning and Zoning Commission (P&Z) considered this request and recommended approval with staff recommendations as presented. Approved with a 7-0 vote.

 

 

E. Small Scale Comprehensive Plan Amendment (SSA) No. 1-2021 Windover Parcel 22 3532-00-9 


The applicant has requested this item be tabled to the regular City Council meeting of June 14, 2022 at 6:30 - P.M.


Conduct the public hearing for ordinances related SSA No. 1-2021 to amend the Future Land Use Map and rezone property located south of State Road 405, just west of Windover Way. The Land Use Amendment is a legislative item and the Rezoning is a quasi-judicial item.

 

Ordinance No. 21-2022 - 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 13 acres of property located on the south side of Columbia Boulevard (State Road 405) just west of Windover Way, Parcel I.D. Number 22-35-32-00-9, from Conservation and Commercial Low Intensity Future Land Use to Conservation, Commercial Low Intensity and Low-Density Residential Future Land Use Designations; and providing for an effective date; and 

 

Ordinance No. 22-2022 - 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 Community Commercial

(CC) and Open Space and Recreation (OR) zoning districts to the Community Commercial (CC), Open Space and Recreation (OR) and Single-Family Medium Density Residential (R-1b) zoning districts on approximately 13 acres +/- of property located on the south side of Columbia Boulevard (State Road 405) just west of Windover Way, Parcel I.D. 22-35-32-00-9; and providing for an effective date.

 

On April 20, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended denial, 6-1. The reasons provided were that two houses can already be built in the OR zoning district and that they R-1B zoning is too intense and there were concerns about the impact to the trees.

 


10. ORDINANCES-FIRST READING

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Mid-Year 2022 Financial Review - Accept the FY 2022 Mid-Year Financial Review and approve

the proposed budget amendment for Fiscal Year 2022, as of March 31, 2022.

 

B. City Hall LED Sign - Design Advisability - Make a design recommendation based on LED Sign designs submitted in presentation.

 

C. Advisability Regarding City-Owned Property (Parcel ID: 23-35-11-00-1) - Advise staff of Council's intentions and objectives for City owned property, Parcel ID 23-35-11-00-1.

 

D. Approval of Final Plat and Covenants, and Acceptance of Easements and Performance Bonds for Brookshire Subdivision - Approve the final plat and covenants for Brookshire subdivision, and accept performance bonds for completion of required infrastructure and required utility easements.


 

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