Regular City Council Meeting - June 14, 2022

City Council

Regular Meeting

June 14, 2022

The City of Titusville City Council met in regular session on Tuesday, June 14, 2022, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr. and City Council Members Jo Lynn Nelson, Joe C. Robinson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes. 

                                                                           xxx              

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Additionally, City Clerk Wanda Wells read the procedure for public comment and participation. 

xxx

APPROVAL OF MINUTES – None. 

xxx

SPECIAL RECOGNITIONS & PRESENTATIONS – None.

xxx

BOARDS AND COMMISSIONS

Titusville Environmental Commission Semi-Annual Report – June 2022 – Vice-Chairman Woody Rice presented the Titusville Environmental Commission's Semi-Annual Report. No action was required.

xxx

Titusville Environmental Commission (TEC) - Leave of Absences – City Manager Larese advised the request was to approve Titusville Environmental Commission (TEC) Regular Member Michael Myjak's request for a five month leave of absence from the TEC meetings for the months of June 2022 through October 2022. Additionally, approve Titusville Environmental Commission (TEC) Regular Member James Yount's request for a three month leave of absence from the TEC meetings for the months of June 2022 through August 2022.

Motion: Member Nelson moved to approve Titusville Environmental Commission (TEC) Regular Member Michael Myjak's request for a five month leave of absence from the TEC meetings for the months of June 2022 through October 2022. Vice-Mayor Jordan seconded the motion. 

The motion carried unanimously.

Motion: Member Nelson moved to approve Titusville Environmental Commission (TEC) Regular Member James Yount's request for a three month leave of absence from the TEC meetings for the months of June 2022 through August 2022.  Vice-Mayor Jordan seconded the motion. 

The motion carried unanimously. 

xxx

North Brevard Economic Development Zone Dependent Special District Board – City Manager Larese advised that the request was to accept the resignation of Regular Member Micah Loyd of the North Brevard Economic Development Zone Dependent Special District Board. The resignation was effective on May 18, 2022.

Motion: Vice-Mayor Jordan moved to approve the resignation of Regular Member Micah Loyd of the North Brevard Economic Development Zone Dependent Special District Board. The resignation was effective on May 18, 2022. Member Nelson seconded the motion.

The motion carried unanimously. 

xxx

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) - 

Thomas Perez discussed the proposed right to clean water charter amendment and stated that the amendment was mailed to Council Members by Florida Attorney Melissa Martin. The subject proposal was drafted to align with the state constitutional amendment language and was tailored to the City of Titusville.  

xxx

Kathleen Perez discussed the right to clean water proposed charter amendment. Ms. Perez stated that a state policy or permit with order to the City needed to be reviewed. Ms. Perez stated that Florida would update their standards or processes to comply with the right to clean water, which would require Titusville to improve their standards. Ms. Perez asked Council to consider this proposed charter amendment for staff review and placement on the ballot.

xxx

Nathan Slusher asked for a breakdown on the quasi-judicial rules to prevent confusion on the agenda items. Mayor Diesel stated that he had previously provided the breakdown on the rules for the quasi-judicial items.

xxx

Vickie Conklin discussed the sale of the Royal Oak Golf Course. Ms. Conklin stated that it was an infill project and was not compatible with the development or the existing homes. Ms. Conklin discussed the new owner’s previous projects, which included two apartment complexes and stated that she was not in support of an apartment complex being built on this property. Ms. Conklin also requested a drive up location at City Hall to pay the water bill.

xxx

Tony Shifalo stated that the petition for the right to clean water proposed charter amendment was very close to the number of signatures that were needed to force it on the ballot. Ms. Shifalo stated that the initiative that was previously sent to council was written specifically for the City of Titusville, etc.

xxx

Stan Johnston expressed his support for the right to clean water proposed charter amendment that was previously discussed. Mr. Johnston discussed an inlet that the City of Titusville approved that was two feet above the bottom of the skimmer. Mr. Johnston stated that he had a hard time communicating with City employees and no one returned his calls.

xxx

CONSENT AGENDA

City Clerk Wanda Wells advised that there was one card submitted for Item K and eight cards submitted from one individual.

City Manager Larese advised that the grant proposal requests under Consent Agenda Item B should be $250,000 (not $150,000) to update the City's Vulnerability Assessment to be in compliance with F.S. 380.093 and conduct an Adaptation Plan.

City Manager Larese read Consent Agenda items A through T, as followed:

xxx

Mr. Slusher asked why the City was buying four speed check signs on Royal Oak Drive. Public Works Director Kevin Cook stated that the City had a traffic study that found that it warranted traffic calming. The traffic volume and speed were above the threshold and the signs were to help calm the traffic and abate speeding.

xxx

Stan Johnston expressed that he was not in support of Items 8B, 8F, 8H, and 8I, but was in support of Items 8J, 8K, 8L, and 8S. Mr. Johnston opposed Item 8B - 2022 Funding for Resilient Florida Grant – Planning Projects, because it intentionally omitted affidavits, diagrams, and extensive literature that was sent to the City stating the City of Titusville was not resilient. Mr. Johnston discussed floodways outside the City limit that were not maintained. Mr. Johnston stated that he opposed Consent Agenda Item 8F, 8H, and 8I.

xxx

Motion: Vice-Mayor Jordan moved to approve Consent Agenda items A, B (as revised by staff), C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S and T in accordance with recommendations. Member Nelson seconded the motion. The roll call vote was:

                             Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

The motion carried unanimously.

xxx

ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Ordinance No. 23-2022 - Adult Day Care Facilities – City Attorney Broome read Ordinance No. 23-2022 amending the Code of Ordinances to create Adult Day Care as a limited use and setting forth conditions for Adult Day Care as a limited use in certain zoning categories by creating Chapter 28 “Zoning” Section 28-90 “Adult day care” and amending Section 28-54 “Use table”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code by title only.

City staff received a number of inquiries recently regarding adult daycare facilities. This was not a permitted use in the current zoning code. Based on a request from a citizen, City Council approved advisability for staff to develop an ordinance to permit adult daycare facilities.

The proposed ordinance establishes adult daycare facilities as a limited use in the Neighborhood Commercial (NC), Community Commercial (CC), Regional Commercial (RC), Office Professional (OP), Downtown Mixed Use (DMU), Regional Mixed Use (RMU), Urban Village (UV) and Indian River City Neighborhood Commercial (IRCN-R) zoning districts, with the following standards:

1. Shall be required to proceed through the Conditional Use Permit process when located on a local street, or abutting property with a single-family zoning or use.
2. Shall provide a landscape buffer in accordance with Chapter 31, Article III, Division 10 on non-street property lines. Properties in the DMU zoning district shall provide landscaping pursuant to Chapter 31, Article III, Division 10.
3. Shall set back all structures, playgrounds, and outdoor recreation areas a minimum of fifty (50) feet from any abutting residential zoning district or residential use, except mixed residential commercial uses.
4. Shall provide a passenger drop-off zone adjacent to the facility providing clear ingress and egress from parking and other areas.

In addition to the requirements above, adult daycare facilities in the Urban Mixed-Use (UMU) zoning district shall be located on property adjoining to an intersection of Deleon Avenue or Park Avenue.

The Planning and Zoning Commission considered this ordinance at their meeting on May 18, 2022 and recommended approval of the ordinance with elimination of the proposed UMU limitation in (c) (2) related to DeLeon Avenue and Park Avenue with vote of 7-0.

Community Development Director Peggy Busacca stated that staff agreed with the Planning and Zoning Commission, to eliminate the proposed UMU limitation in (c) (2) related to DeLeon Avenue and Park Avenue.

The public hearing was opened. 

Laquitta Collins thanked Council for considering the ordinance allowing adult daycare facilities. Ms. Collins stated that there was a need for adult daycare facilities in Titusville; especially, for individuals with intellectual disabilities.   

No one else wished to speak; therefore, the public hearing was closed. 

Motion: Vice-Mayor Jordan moved to approve Ordinance No. 23-2022 Adult Day Care Facilities, with the Planning and Zoning Commission’s recommendations to approve the ordinance with the elimination of the proposed Urban Mixed Use (UMU) limitation in the Land Development Regulations Section 28-90 (c)(2) related to DeLeon Avenue and Park Avenue. Member Nelson seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

The motion carried unanimously.

xxx

Ordinance No. 24-2022 - Relating to Billboards Adjoining Interstate - 95 – City Attorney Broome read Ordinance No. 24-2022 amending the Code of Ordinances to establish specific standards for billboards adjoining the I-95 right-of-way by amending Section 28-102 "Billboard" and 32-26 "Bench signs, bus benches, bus shelters and billboards"; providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code by title only. 

On March 8, 2022, City Council provided consensus on advisability to amend the code requirements for billboards. The proposed ordinance makes the following changes to the code:

1. Billboard signs may be permitted on properties adjoining I-95 right-of-way and that share a common property line with the right-of-way for a distance of 200 feet, and the Ordinance 
2. Eliminates the need a minimum frontage of 200 feet from an existing paved right-of-way.
    Billboard signs are not required to be the only use of the lot or parcel if the property adjoins I-95 right-of-way.

The Planning and Zoning Commission considered this ordinance on May 18, 2022 and recommended approval, 6-1. The member opposed provided no explanation.

The public hearing was open. 

Woody Rice expressed his concern for a three-acre site along I-95. Mr. Rice stated that prior to this ordinance change, the only use for the site was a billboard and that did not make sense to him. 

Mr. Rice thanked Council for their support of this ordinance. 

No one else wished to speak; therefore, the public hearing was closed. 

Motion:  Vice-Mayor Jordan moved to approve Ordinance No. 24-2022 - Relating to Billboards Adjoining Interstate - 95, as recommended by staff and the Planning and Zoning Commission. Member Nelson seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

                             Member Robinson                  Yes

Member Nelson                      Yes

The motion carried unanimously.

xxx

Ordinance No. 25-2022 Updating the Water Resources Technical Specifications – City Attorney Broome read Ordinance No. 25-2022 amending the Code of Ordinances by, amending Chapter 30, Article 1 “General Provisions”, Division 4, “Technical Manuals” Section 30-8 “Technical Manuals” by adding subsection (i) incorporating the 2022 Water Resources Technical Specifications; by revising existing language for clarification; providing for severability, repeal of conflicting ordinances, an effective date, and incorporation into the Code by tittle only. This was the second reading and public hearing for this item.

In 2019, City Council approved Resolution No. 4-2019 that established the 2019 Water Resources Technical Specifications. The Water Resources Department found errors, changes, or better ways to design water, sewer and reclaim systems or criteria for those systems. This ordinance would serve to amend the Code of Ordinances by adopting the revised 2022 Water Resources Technical Specifications.

The Department added, Detail C2, titled “Aerial Crossing” for sewage force mains crossing water bodies. This new detail would satisfy one of the requirements of FDEP Consent Order No. 21-0113 related to the sanitary sewer spill at Sand Point Park.

The public hearing was open. 

Stan Johnston expressed that he was not in support of this ordinance. Mr. Johnston stated that the specifications emitted a number of things including the boil water alert, the four-log virus treatment requirement, over pumping of wells, and protection of people from sewage spills. Mr. Johnston did not understand how the City would notify the public of a four-log virus treatment violation. 

No one else wishes to speak; therefore, the public hearing was closed. 

Motion: Vice-Mayor Jordan moved to approve Ordinance No. 25-2022 Updating the Water Resources Technical Specifications, as recommended by staff. Member Nelson seconded the motion. The roll call vote was:

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

                             Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously.

xxx

City Attorney Broome read the procedures for the quasi-judicial agenda items, 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.

xxx

Conditional Use Permit (CUP) No. 2-2022 Independence Recycling – City Manager Larese advised the request was to approve Conditional Use Permit No. 2-2022 to operate a concrete recycling facility at 84 Golden Knights Boulevard, based upon the evidence presented and include the conditions recommended by staff as they satisfactorily address the factors set forth in Sec. 34-76 of the Code. 

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 was too close to the Indian River Lagoon. One member voted no because of the location and concerns with chemicals and runoff.

The Titusville Environmental Commission considered this request at their May 11, 2022 meeting and recommended (6:1) with the following conditions:

1. Enhanced buffers (25ft North and West, 30ft East, and 50ft South)
2. A 6ft tall opaque fence to the south (Golden Knights Blvd), to be located behind the required natural landscape 50ft buffer.
3. A sound continuation barrier interior of the buffers to limit the sound to 65 dB at property line was required
4. A water-based dust suppression system required on site 
5. A sound study was required to be submitted to the City for their review and approval
6. All State required reports on testing of air, water, soils etc. must be provided to the City of Titusville
7. All emergency response procedures be provided to the City to be reviewed and accepted by the City during site review process
8. All stockpile areas shall be treated as impervious surface for the stormwater calculations during site development permitting
9. Operations to be from 7am-4pm Monday-Friday
10. All on-site equipment must use the white noise backup sound

Mayor Diesel opened the public hearing.

Community Development Director Peggy Busacca presented a report. The presentation was highlighted as follows:

• CUP No. 2-2022 Independence Recycling
• Summary
• Advisory Board Recommendations
• Staff Recommendation – Approval with Conditions

Member Stoeckel asked if there was a condition related to how often they would be crushing the concrete. Community Development Director Peggy Busacca stated that there was not a condition, but Member Stoeckel could ask the applicant what their intent was or make it a condition. 

Member Nelson discussed the tree buffer that was requested by the Planning and Zoning Commission. Community Development Director Peggy Busacca stated that the tree buffer would block the view of the operation for people entering the airport. Member Nelson suggested adding this to the conditions. 

The public hearing was open. 

Tara Tedrow, an attorney with Lowndes Law represented the applicant. She presented a presentation to City Council. The powerpoint highlighted as follows: 

• Independence Recycling of Florida, Inc. City of Titusville CUP 2-2022
• Property Information
• Subject Property
• Current Future Land Use Designation: Industrial
• Zoning: M-2
• M-2 Zoning
• Surrounding Property Information
• Adjacent Zonings
• Background
• Request
• Independence Recycling Operations
• Setbacks
• Line of Sight Images
• Physical and Aesthetic Impacts
• On Site Measurements Taken
• Operational Information
• Review and Evaluation of the Environmental Aspects of the Independence Recycling Florida Concrete Recycling Project Proposed in Titusville Florida (CUP No. 2-2022 – Independence Recycling) Prepared by: Labyrinth Management Group, Inc. Medina, Ohio
• LMG’s Project Scope
• Physical and Aesthetic Impacts
• Visible and Nuisance Dust Impacts
• Potential Dust Impacts
• Ambient Air Quality Impacts
• Offsite Silica Impacts
• Storm Water Impacts
• Overall LMG Conclusions
• Operational Information- Regulatory Compliance
• History of Compliance
• Noise Study
• Noise Study Performed by Power Acoustics, Inc. (dated 5.10.22)
• Ambient Sound Measurements
• Noise Study Results
• Recycling
• Florida Recycling- Dec 2021 County Recycling Reports Specific to Concrete
• Florida Recycling- Dec 2021 Brevard County Report
• C&D Recycling Benefits- Per the EPA
• Standards for Support
• Conditional Use Approval Standards: Section 28-217
• Staff Report: Basis of Support
• Comp Plan Policies in Support
• Staff Findings
• Request

Lance Traves was called to speak as an expert witness. Mr. Traves stated he had a Bachelor of Science in ecosystems biology and a masters degree in public management with a concentration in public policy and quantitative analysis. Mr. Traves owns his own firm, the Labyrinth Management Group in Medina, Ohio for the past twenty-two years. Mr. Traves stated that he was currently a certified hazardous materials manager, certified hazardous waste site operations, and licensed to go offshore for BP. Mr. Traves was previously a certified professional under Ohio’s voluntary action program for contaminated sites, Michigan certified industrial stormwater operator, Ohio certified underground storage tank installer and remover, and a registered hazard substance professional. Mr. Traves has previously provided professional testimony and litigation on administrative proceedings, judicial proceedings, and regulatory proceedings. 

Motion: Vice-Mayor Jordan moved to approve Lance Traves as an expert witness on this agenda item. Member Nelson seconded the motion. The roll call vote was:

Member Stoeckel                    No

                            Member Robinson                  No

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

The motion carried 3-2.

Lance Traves reviewed the environmental concerns of the concrete crushing plant and stated that the operations would not create harmful levels of silica off-site or contaminate the ground water. The concrete crushing plant would not have visible dust emissions that could create off-site nuisances. 

Member Stoeckel asked what distance would cause concern with silica. Lance Traves stated that silica was a natural in earth material including natural sand, which was used in concrete production. The silica released in concrete operations typically occurred during saw cutting or crushing. Dust samples were taken off the crusher during operation and confirmed that there was respirable silica in the samples, but it was not being emitted because of the integral wet suppression or spray bars. Mr. Traves expressed that given this property and the nature of the operation, he sees no possible situation where there would be offsite silica in any concentration. 

Member Stoeckel discussed adding a condition for a maximum usage. 

Member Nelson expressed concern related to the aquifer. Mr. Traves stated that at the other concrete crushing facilities, there was no real evidence of any dry water contamination at any sites. 

John Stanton stated that he hired his own expert, which was Randy Parkinson, Ph.D., P.G. with RWParkinson Consulting. Mr. Stanton provided a report written by Dr. Parkinson. Mr. Stanton reviewed the report that stated that there was not a definitive study showing that there would be no leaking into the aquifer or drinking water. Mr. Stanton expressed concern because the company would be crushing the concrete for six weeks at a time, four times a year, which would be about 24 weeks out of the year from 7:00 a.m. to 4:00 p.m. 

Carol Stanton expressed her concern and stated that she did not support the project. Ms. Stanton stated that there was already a recycle place on State Road 405. Ms. Stanton discussed the health of the Indian River Lagoon, etc.

Toni Shifalo attended all the City meetings that involved this Conditional Use Permit. Ms. Shifalo stated that there were no laws that this company was breaking, but the citizens were not in support of the project. Ms. Shifalo stated that the TICO airport was one of the fourteen FAA licensed space ports in the United States, and to get to the airport, you must pass this site.

Dave Szabo stated that Titusville used to be known for its fishing industry, but all of the pollutants in the water caused issues related to fishing. Mr. Szabo stated that the concrete crushing plant would be disastrous for the people who live near the site and also the environment and the Indian River Lagoon.

Shelly Squires expressed her concern for the air quality, water quality, the Indian River Lagoon and the noise caused by the concrete crushing plant. 

Laurel Price expressed her concern for the project. Ms. Price stated that she did not agree with Lance Traves because this was Florida and the environment in Florida was different than other states. Ms. Price stated that she did not want to see this project in Titusville, because it would compromise those with health issues in the area. 

Stan Johnston suggested that the City table this item and hire an expert to review the project.

No one else wished to speak; therefore, the public hearing was closed. 

Council discussed tabling the item until the City could hire an expert to review the project.

City Attorney Broome stated that to deny the Conditional Use Permit, Council would need to have common substantial evidence to support a denial and would have to state what sections of the comprehensive plan, the code, or other law justified denial based on the evidence presented to council.

City Manager Larese stated that the process of hiring an expert witness for the City would require a request for proposal at the regular City Council meeting on July 12, 2022 and the procurement for a consultant would take at least sixty to ninety days, as well as the time it would take the consultant to complete the work.

Motion: Vice-Mayor Jordan moved to table Conditional Use Permit No. 2-2022 Independence Recycling to the regular City Council meeting on July 12, 2022 at 6:30 p.m., to allow staff time to prepare a Request for Proposal (RFP) that will include a review of the report prepared by the applicant’s expert witness. Member Nelson seconded the motion. The roll call vote was:

                            Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

                             Member Stoeckel                    Yes

The motion carried unanimously.

Staff will bring back the RFP at the regular City Council meeting on July 12, 2022.  Following approval of the RFP by City Council, staff will send out the RFP.  Then, staff will prepare a contract for the City Council to review and approve at a future City Council.  Council will also need to review and approve the associated budget amendment.   Finally, the consultant will need a time period to review the report prepared by the applicant’s expert witness, etc. Once all these tasks are completed, staff can bring back CUP No. 2-2022 for City Council’s consideration. Staff will need to readvertise and send out public notices for the public hearing.

xxx

Mayor Diesel called for a six-minute break. 

xxx

Small Scale Comprehensive Plan Amendment (SSA) No. 1-2021 Windover Parcel 22 3532-00-9 – City Attorney Broome read Ordinance No. 21-2022 an ordinance of the City of Titusville, Florida, 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 of the City of Titusville, Florida, 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.

This agenda item was amending the land use and zoning on property on approximately 13 acres +/- of land, 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, by changing the Commercial Low Intensity and Conservation Future Land Use designations to the Commercial Low Intensity, Conservation and Low Density Residential Future Land Use designations, and rezoning the property 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 by title only, as submitted by Jason Wright and Megan Wright, Owners.

This recommendation was based upon the staff analysis, information, evidence presented, and in accordance with the City Charter of the City of Titusville, the Code of Ordinances and Land Development Regulations, Section 34-40 of the Code, the adopted comprehensive plan and the provisions of Chapter 163 and 166, Florida Statutes.

On April 20, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended denial (6-1) of SSA No. 1-2021. The reasons provided were that two houses can  already be built in the Open Space and Recreation (OR) zoning district, that the Single-Family Medium Density Residential (R-1B) zoning was too intense, and concerns about the impact to the trees.

Mayor Diesel called for a five-minute break. 

Community Development Director Peggy Busacca presented a report. The presentation highlighted as follows:

• SSA No. 1-2021 Windover Way Land Use and Rezoning
• Summary
• Conservation Land Use
• FLU Strategy 1.17.1.1- Analysis of Land Use Changes
• Brevard County Land Use in Immediate Area
• Land Use Amendment Recommendation
• Future Land Use with Wetlands
• Criteria for Review of Rezoning Application
• Changes in Area Between Windover Way Entrances
• Changes in Area Between Entrances of  Windover Farms
• Changes in Area Between Entrances to Windover Farms Since 1993
• Criteria for Review of Rezoning Application
• Development in the Immediate Area
• One Acre Lots (RE) Adjacent to Medium Density (R-1B) and Multi-Family Residential
• Criteria for Review of Rezoning Application
• Buffering of Land Uses
• Permitted Uses in OR Zoning
• Limited Uses in OR No Public Hearing Required
• Conditional Uses in OR Zoning Public Hearing Required
• Florida Statutes – Section 163.3177(6)(i)
• Binding Concept Plan
• Recommendation

City Attorney Broome stated that the land use was a legislative decision and council would be voting separately on the land use and the zoning because there was different criteria and it was two different issues. The comprehensive plan amendment was the land use and was legislative. The rezoning was quasi-judicial and as previously stated, the decision had to be based on competent substantial evidence.

Vice-Mayor Jordan stated that the existing zoning for the property allowed the owners to build two boarding houses without a public hearing. 

Community Development Director Peggy Busacca stated the owner was able to have one unit per five acres in the Open Space and Recreation zoning (OR) with a Conditional Use Permit, or one unit per five acres to have boarding houses without a Conditional Use Permit.

Mayor Diesel opened the public hearing.

The applicant, Megan Wright, provided a powerpoint to City Council. The presentation highlighted as follows: 

• SSA No. No. 1-2021
• Existing Zoning-Proposed Zoning
• Plot Plan of Parcel A, B, C
• Conceptual Plot Plan
• Wright Family Residence (Parcel C)
• McLaughlin Family Residence (Parcel B)
• “Why the rezone” Flexibility!!
• City of Titusville Property Rights Element  

Attorney Kim Rezanka with Lacey Lyons represented the applicants, Megan Wright and Jason Wright. Ms. Rezanka reviewed the applicant’s intentions with the land that included building only two homes. Ms. Rezanka distributed a packet to Council that reviewed the small-scale comprehensive plan amendment, Ordinance No. 21-2021, and rezoning Ordinance No. 22-2022. The packet also included the details of the property owner’s intentions for this property.

Community Development Director Peggy Busacca stated the wording that was provided to staff on June 7, 2022, for the stipulation, included a minimum residential lot size.  It did not mention whether this was going to be a single-family residential development or more. The zoning would only permit single family, but she wanted to confirm that was the intent.  Ms. Rezanka confirmed that was the intent of the applicant. 

Jose Garcia submitted a sign-up card, but chose not to speak.

Edward Williams, a land use planner from Williams Development Services, stated that he had forty-two years of experience, a bachelor’s degree in biology and a masters of science degree in planning. Mr. Williams stated that he previously worked for Orange County for fourteen years, and for the eight final years, he was the director of the department before creating his own business.

Mr. Williams’ business was Williams Development Services, a land planning and development permitting consulting firm that specialized in expert witness, eminent domain, contract disputes, and permitting issues for both the government and property owners. Mr. Williams stated that he had been accepted as an expert in over forty counties in the state of Florida including the appeals court and the supreme court of the state of Florida as well as administrative hearings. 

Ms. Rezanka asked Mr. Williams a few questions to confirm his expertise on this issue. 

Motion: Vice-Mayor Jordan moved to approve Edward Williams as an expert witness. Member Nelson seconded the motion. The roll call vote was:

                             Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

                             Member Stoeckel                    No

                             Member Robinson                  Yes

The motion carried, 4-1. 

Mr. Edward Williams discussed the development review procedures manual and the Land Development Regulations including 4.1.11, “Additional site-specific data as necessary to describe any impacts to conservation/wetland areas, and other environmentally sensitive resources, including any mitigation efforts to be proposed or required by these regulations.” Mr. Williams stated that the wetland study needed to be approved by the St. Johns Water Management District or other appropriate regulatory agency valid at the time of submittal, which was not done by the applicant. 

Motion: Member Nelson moved to give Mr. Williams three additional minutes to speak. Member Stoeckel seconded the motion.  The motion carried unanimously. 

Mr. Williams stated that this property had wetland issues and was kept at a very low density by the City or County, but that the City was being pressured to approve development. Mr. Williams stated that his concern with Single Family Medium Density Residential (R1B) zoning was that it allowed 4-5.8 units per acre on the property and once that happened, then other property owners would try to get more density on their property. 

Community Development Director Peggy Busacca stated that Mr. Williams reviewed Titusville’s Land Development Regulation according to municode, which was last adopted on January 9, 2021. The most recent amendment to the Land Development Regulation was on April 12, 2022, which was not published on municode. Ms. Busacca explained that Ordinance No. 11-2022 was amended and no longer required the formal determination by the Water Management District or Florida Department of Environmental Protection (DEP). The applicants met the requirements of the City. 

Attorney Andrew Mai from Fishback Dominick submitted a letter for the record that highlighted his clients Sandra Clinger, Wayne Rogers, and Connie Milton’s objection to SSA No. 1-2021 and Ordinance Nos. 21-2022 and 22-2022.

Sandra Clinger stated that she was not in support of SSA No. 1-2021 and Ordinances Nos. 21-2022 and 22-2022. Ms. Clinger stated that the staff report did not include rural residential in the description of zoning in the area and rural residential was the dominant zoning of the residential homes around the site. 

xxx

Motion: Vice-Mayor Jordan moved to extend the meeting until 1:00 a.m. Member Nelson seconded the motion. The motion carried unanimously. 

xxx

Kristine Boland stated that 890 owners in the Windover Farms Community signed the petition opposing the land use and zoning change on the property. Ms. Boland stated that the applicants would not provide their attorney’s information to the Windover Farms Community so they were not able to have a discussion prior to the meeting.

Karen Kulas provided a signed petition from the residents of Windover Farms who objected to the proposed land use and zoning changes and stated that it was not compatible with their community.

George Minto showed a map of the Windover Farms Community that highlighted the houses that did not support the zoning change. Mr. Minto expressed his concern for changing the zoning because he was unsure of what would happen in the future. 

William Wright stated that he has lived on Windover Way since 1984. Mr. Wright stated since 1984, he has seen three attempts to change the zoning on this property and he did not support the proposed changes. 

Thomas Mcleod stated that the Windover Farms Community identified numerous places where the proposed changes were not in compliance with the City’s comprehensive plan.

xxx

Motion: Vice-Mayor Jordan moved to extend the City Council meeting for an hour. Member Nelson seconded the motion. The motion carried unanimously.

xxx

Jonathan Desa stated that the property owners were able to build two homes where they wanted with only a Conditional Use Permit and there was no need for the land use or the zoning to be changed. Mr. Desa stated that the staff report inaccurately described the existing development patterns surrounding the property. 

Bruce Baker stated that he has lived in Windover Farms for thirty-five years. Mr. Baker stated that the conservation future land use had been in effect since 1984 and open space and recreation zoning had been in effect since 1992.  

Mary Kelly stated that she was a resident of Windover Farms. Ms. Kelly stated that the City of Titusville adopted Ordinance No. 7-1992, which established the open space and recreation zoning district as a permanent designation because of the high-quality uplands and wetlands that were part of the bird marsh.

Ann Bridges, a five-year resident of Windover Farms, discussed Single Family Medium Density Residential (R1B) zoning that allowed for a smaller home and lot size. Ms. Bridges believed that R1B zoning was not compatible with the Windover Farms Community. 

Cynthia Jones stated that she was there to discuss mischaracterizations that occurred at the regular City Council meeting on April 26, 2022. Ms. Jones said that staff discussed the lots across from the Windover Farms Community with State Road 405 frontage and stated that they had higher density land use without discussing the development limiting factors.

Laurel Price stated that the staff report did not accurately reflect the land use and zoning history. Ms. Price stated that this property and the surrounding properties had stable zoning and land use and have not had any changes in over twenty years.

Scott Ruch stated that the applicant knew they were buying conservation land and after a month of signing the deed, applied to have it rezoned to Single Family Medium Density Residential (R1B) zoning. Mr. Ruch stated that he did not support the rezoning of this property and that it should be denied by council. 

Jonie Ruch stated that she was a resident of Titusville for over fifty years. Ms. Ruch stated that the residents of Windover Farms wanted to protect the integrity of their neighborhood. 

Austin Ray discussed the staff report and stated that it did not include east of the property across Windover Way. Mr. Ray stated that the property across from Windover Way had three single family plotted lots. 

Vice-Mayor Jordan asked Community Development Director Peggy Busacca about the Open Space and Recreation (OR) zoning and if it was a permanent classification on the property. Community Development Director Peggy Busacca stated that the word permanent in this context merely means that the Open Space and Recreation (OR) classification was treated the same way as normal zoning classifications, which are considered permanent until there was a rezoning. 

Peter Burris-Meyer stated that the Single Family Medium Density Residential (R1B) zoning  allowed 19 homes on the property, which was not low density. Mr. Burris-Meyer stated that the capability for them to do that terrified him and other residents of Windover Farms. 

Alexandra Ray also discussed the potential for 19 homes to be built if the property was zoned Single Family Medium Density Residential (R1B) zoning and the negative impacts it would have on the environment and other residents of Windover Farms.

Emily Sciarini expressed concern if the City allowed the property owners to change the land use and zoning.  Ms. Sciarini also expressed her concern for the binding agreement and whether it remained with the property, if it were sold.

Mary Ellen Torres stated that City staff considered Residential Estate (RE) zoning to be the most comparable with the area. Residential Estate (RE) zoning allowed for one unit an acre. Ms. Torres stated that she was not in support of the land use or zoning change. 

Sloan Rawl stated that some changes were allowed to be handled administratively and outside of the public process with Single Family Medium Density Residential (R1B) zoning, including additional uses. 

Community Development Director Peggy Busacca stated that if the applicants attempted to change the binding agreement from two single family residential units, it would be considered a substantial change in a condition and would have to be approved by the City Council. Staff can not administratively change the direction of the City Council.

Abby Hollis discussed Conditional Use Permit No. 11-2007 that was previously on the property and the conditions that were required. Ms. Hollis stated that she was not in support of the Single Family Medium Density Residential (R1B) zoning change or binding agreement.

xxx

Motion: Vice-Mayor Jordan moved to extend the meeting to 2:45 a.m. Member Nelson seconded not the motion. The motion carried unanimously. 

xxx

Mark Pagano discussed the environment assessment letter that was received by the home owners. Mr. Pagano also discussed an email from Senior Planner Brad Parrish that stated that Residential Estate (RE) zoning was the most compatible with this area. 

Savannah Curran stated that she was in favor of the rezoning. Ms. Curran stated that at first, she was not on board with the rezoning, but after meeting the property owners and discussing the plans, she changed her mind.

Carla Henn expressed that she was not in support of a Conditional Use Permit, developing the land, or paving over the sensitive and high-quality wetlands that were on this property. Ms. Henn believed that the home owners were able to build their two houses on the property without changing the zoning.

Diane Frogge stated that she was not opposed of the property owners changing the zoning to Open Space and Recreation (OR) so they had  more room to build their two homes. Ms. Frogge expressed that there was an error on the map in the staff report, regarding the wetlands. 

Paul Leader discussed the survey that was provided by the applicants and stated that it was not completed by a professional surveyor. Mr. Leader stated that he was not in support of the zoning change.

Carlos Novela stated that he recently bought a house in Windover Farms and wanted the neighborhood to continuing being a beautiful place. Mr. Novela was not in support of the zoning change. 

Lisa Bunnis-Meyer discussed the environment on the applicant’s property and stated that a gopher turtle burrow was noted just east of the property’s boundary. Ms.Bunnis-Meyer stated that the applicants needed a gopher turtle survey. 

Gregory Humphrey stated there was an error in the maps included in the staff report. Mr. Humphrey stated the map failed to identify half an acre of wetlands and the offsite adjacent wetland. Mr. Humphrey was not in support of the zoning change and asked council to deny the application.

Linda Crawford stated that she believed two houses could be built on the property with the current zoning with plenty of setback. Ms. Crawford expressed that she was not in support of changing the zoning or land use. 

Pamela Malsbury discussed the lots in Windover Farms that were near the applicant’s property and stated that the surrounding property owners signed a petition in opposition to the zoning and land use change. 

Jill Whitson stated that she understood where the applicants were coming from, but was not in support of changing the zoning to Single Family Medium Density Residential (R1B) zoning. 

xxx

Motion: Vice-Mayor Jordan moved to extend the meeting to 3:30 a.m. Member Nelson seconded the motion. The motion carried unanimously.  

xxx

Michael Simonello stated that the zoning change was not necessary, because Open Space and Recreation (OR) zoning had the minimum residential lot size of five acres. Mr. Simonella expressed concern for the binding language and the possibility that it could be overturned by the court, leaving the Single Family Medium Density Residential (R1B) zoning as the basis instead of the Open Space and Recreation (OR) zoning. 

Seth Spears stated that one of the applicants was in construction and the other was a realtor, so they should have known what type of property they were purchasing.

Jacqueline Leader discussed the binding agreement and stated that it was not permanent and could be changed in the future. Ms. Leader expressed that she was not in support of the zoning or land use change. 

Lindsey Grizzle stated that the land bought by the applicants was very valuable to all of the residents of Windover Farms and Council was being asked to make decisions based off speculation as to why they can not build on the property with the current zoning.

Curtis Whitman stated that the City did not provide a survey of the property. Mr. Whitman stated that the zoning and land use change should be denied.

Connie Milton stated that she had no issue with any kind of set back issue if the property was zoned Open Space and Recreation (OR). Ms. Milton stated that there was not a survey completed, but the ordinance that Council was asked to sign stated that a survey was included.

Helen Roth stated that Single Family Medium Density Residential (R1B) zoning allowed fifty-eight houses to be built on the ten acres and that would be a large amount of sewage in the water that could cause diseases or health problems in the area.

Peggy White stated that her house was one of the first houses built in Windover Farms. Ms. White stated that she was doubtful of change and a binding agreement should be something the residents could trust. 

Robert White stated that his home was the fourth house built in Windover Farms and he watched it develop into one of he nicest, naturally forested neighborhoods in all of Brevard County. Mr. White stated the zoning change should be denied, as it was for the last property owner. 

Geoffrey Schlavman discussed the location of Windover Farms and that was why the residents were against change. 

Davis Poole stated that he was against rezoning the property and asked council to not rezone the property.

Norma Poole stated that she was against the rezoning because she was afraid it would change the character of the neighborhood by leading to more people, traffic, safety issues, and dangers to wildlife. 

Tom Mahone stated that the Open Space and Recreation (OR) zoning designation was considered permanent and the applicants have not made any effort to build on the current zoning. 

George Broyles stated that the Windover Farms Community as a whole wanted to maintain the Open Space and Recreation (OR) zoning. Mr. Broyels said there was discrepancies in the information provided and opposed any zoning change. 

Kevin Harrington stated that Windover Farms was a great Community and the members of the community reached out to the applicant and offered to assist with a Conditional Use Permit. Mr. Harrington expressed that he was in support of them building two houses without changing the zoning. 

Judy Kihloch stated that the applicant expressed to council that if they did not get these changes, that they would sell the property. Ms. Kihlock asked council to deny the zoning change.

Rebecca Rivera stated that Titusville was the gateway for nature and space and asked City Council to deny the zoning change.

Dave Borinski expressed concern of making these changes and asked City Council to deny the zoning and land use change. 

Emi Clinger stated that she was against the rezoning and land use change.

Attorney Kim Rezanka stated that changing the zoning or land use would not adversely affect the nature or entrance of Windover Farms. The applicants were trying to preserve trees as well as 67% of the conservation land. Ms. Rezanka also discussed the maps that were provided by Sandra Clinger and stated that they were not accurate. 

Ms. Rezanka discussed the petition that was signed by the residents of Windover Farms that were not in support of rezoning. She stated that this petition only accounted for the people east of the applicant’s property. They failed to account for the other three sides of the property. 

Mrs. Rezanka reviewed Ordinance No. 21-2022 and SSA No. 1-2021 and the conditions agreeable to the applicants. 

The applicant Megan Wright stated that their compromise was limiting the Single Family Medium Density Residential (R1B) zoning to one house per five acres and that they did not want a Conditional Use Permit, etc.  She provided her reasoning behind not wanting to request a Conditional Use Permit.

Council discussed other options including Open Space and Recreation (OR) zoning and a Conditional Use Permit.

Motion: Vice-Mayor Jordan moved to deny Ordinance No. 21-2022 based on the Low Density Residential (LDR) land use being inconsistent with the Comprehensive Plan. Member Stoeckel seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

                             Member Stoeckel                    Yes

                             Member Robinson                  Yes

Member Nelson                      Yes

The motion carried unanimously.

Based on the denial of Ordinance No. 21-2022, no action was taken on Ordinance No. 22-2022.

xxx

ORDINANCES-FIRST READING – None. 

xxx

OLD BUSINESS – None.

xxx

NEW BUSINESS – None.

xxx

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) – None. 

xxx

MAYOR AND COUNCIL REPORTS

Mayor's Report – Mayor Diesel submitted his written report.

xxx

Council Reports –

Vice-Mayor Jordan requested a proclamation be prepared for Bob Kirk naming July 31^st as Bob Kirk Day. Council supported this request. 

Vice-Mayor Jordan discussed doing something for Marcia Gaedcke who was leaving the Titusville Chamber of Commerce after twenty-five years. 

xxx

City Managers Report – City Manager Larese submitted his written report.

xxx

All items were informational only.

xxx

City Attorneys Report 

City Attorney Broome advised a notice of application for amendment to Certificate of Authorization to delete service area was received by the City. The application of Cobblestone II RVG LLC, a Delaware limited liability company dba River Grove Utility, for amendment of its Certificates of Authorization (Certificate Nos. 674-W and 575-S to delete territory in Brevard County, Florida.  He advised that Water Resources Director Sean Staffer had no objection.   Council confirmed they had no objection.   

xxx

With no further business to discuss, the meeting adjourned on Wednesday, June 15, 2022 at 4:40 a.m.