Regular City Council - February 28, 2023 at 6:30 PM

 

CITY OF TITUSVILLE

COUNCIL AGENDA

February 28, 2023

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 January 10, 2023 and the special City Council meeting on February 4, 2023.

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council

meeting scheduled for February 28, 2023 at 5:30 p.m. to hear all the presentations as outlined on the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on February 28, 2023 that commences at 6:30 p.m.

 

 

6. BOARDS AND COMMISSIONS

 

A. Student Advisory Council - Resolution No. 5-2023 - Approve Resolution No. 5-2023 - Amending Resolution Nos. 42-1993, 18-1995, 46-2000, 5-2009, 43-2010, and 1-2017 which

established the Student Advisory Council, by amending the Appointment of Members, Term of Office, Quorum, etc., by deleting any reference to the North Brevard Homeschool Association and replacing it with the Academic Community Enrichment, Inc.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Florida Department of Transportation (FDOT) Grants: Impaired Driving/Aggressive Speeding Grants - Approve and accept the FDOT Grants: Impaired Driving Grant in the amount of $20,000.00 and the Aggressive Driving and Speeding Grant in the amount of $73,000.00.

 

B. Resolution No. 6-2023 - Mutter Realty Easter Event Road Closure - Approve Resolution No. 6-2023 approving the closures of state roads for the Mutter Realty Easter event on April 1, 2023.

 

C. Endorsement of Transportation Planning Organization (TPO) Project Application - Provide support for the City's application to request State and Federal Funds to be allocated to the following projects: (1) SR405 South Street Widening and (2) US#1 Riverfront Trail. Additionally, approve the restricting of $259,500 for the SR405 South Street Widening project which will be restricted until the finalization of project ranking and determination of project funding by the SCTPO. Should the SCTPO decide to move forward with these projects at their final hearing on July 13, 2023, the City will restrict the funds.

 

D. Flag and Memorial Committee Use of Funds - Authorize the Flag & Memorial Committee's use of restricted funds totaling $5,534 for Flag & Memorial operating supplies.

 

 

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

 

A. Ordinance No. 8-2023 - Establishing rules for the use of certain City facilities and a process for the issuance and appeal of trespass warnings for violations occurring on public property - Conduct the second reading and public hearing of Ordinance No. 8-2023 establishing rules for the use of certain City facilities and a process for the issuance and appeal of trespass warnings for violations occurring on public property.


 

B. Ordinance No. 16-2023 - Single-family dwellings in the Open Space and Recreation (OR) zoning district and the Wetland and Conservation Area (WCA) Overlay - Conduct the first reading and first of two required public hearings on Ordinance No. 16-2023 to amend the City's Conditional Use Permit requirement for single-family residences in the Open Space and Recreation (OR) zoning district and the Wetland and Conservation Area (WCA) Overlay.

 

The second and final public hearing is scheduled for the regular City Council meeting on March 14, 2023, beginning at 6:30 PM.

 

On February 22, 2023, the Planning and Zoning Commission made a motion to accept this ordinance as presented (Approved 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.

 

 

C. Conditional Use Permit (CUP) Application No. 7-2022, 1881 Knox McRae Drive - Conduct the public hearing and review CUP Application No. 7-2022 for a school at 1881 Knox McRae Drive. This is a quasi-judicial item.

 

The Planning and Zoning Commission considered this item on February 8, 2023. The Commission recommended denial of Conditional Use Permit Application No. 7-2022, due to concerns with the location of the playground near Barna Avenue (Vote 5-0).

 

 

D. Small Scale Comprehensive Plan Amendment (SSA) No. 8-2022, 1881 Knox McRae Drive - Conduct the second reading and public hearing of ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 8-2022, 1881 Knox McRae Drive.

 

Ordinance No. 9-2023 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 3.79+/- acres of property located on Knox McRae Drive, having Brevard County Parcel I.D. Nos. 22-35-21-00-258, 22-35-21-00-258.1, and 22-35-21-00-258.3 from the Commercial High Intensity future land use designation to the High Density Residential future land use designation, and

 

Ordinance No. 10-2023 amending Ordinance No. 5-1993 of the City Of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Community Commercial (CC) zoning district to the Multifamily High Density Residential (R-3) zoning district on approximately 3.79+/- acres of property located on Knox McRae Drive, Titusville with Brevard County Parcel I.D. Nos. 22-35-21-00-258, 22-35-21-00-258.1, and 22-35-21-00-258.3. 

 

The land use amendment is a legislative item and the rezoning is a quasi-judicial item.

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on February 8, 2023 and recommended denial due to a lack of information. Specifically, the Commission requested information on the division of the property between the existing and new land uses and zoning, the parking situation, conditions related to the present use, and sewer capacity. The vote was 4-1.

 

 

E. Small Scale Comprehensive Plan Amendment (SSA) No. 9-2022 - Wealth Hospitality, Helen Hauser Boulevard - Conduct the second reading and public hearing of ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 9-2022.

 

Ordinance No. 11-2023 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 3+/- acres of property located on Helen Hauser Blvd, having Brevard County parcel i.d. no. 22-35-30-av-*-90.01, from Commercial High Intensity and Conservation Future Land Use designation to Commercial High Intensity future land use designation; and

 

Ordinance No. 12-2023 amending Ordinance No. 27-1997 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the General Use, (GU) zoning district to the Tourist (T) zoning district on approximately 3+/- acres of property located on Helen Hauser Blvd, Titusville, Florida (Brevard County parcel i.d. no. 22-35-30-av-*-90.01

 

The land use amendment is a legislative item and the rezoning is a quasi-judicial item.

 

On February 22, 2023, the Planning and Zoning Commission, Local Planning Agency, made the following three motions:

 

1. Made a motion to approve SSA#9-2022 regarding the Comprehensive Plan Future Land Use Map amendment (Approved 7-0).

 2. Made a motion that their approval of SSA#9-2022 regarding the Comprehensive Plan Future Land Use Map amendment was made based on that is consistent with the City’s Comprehensive Plan (Approved 7-0).

 3. Made a motion to approve SSA#9-2022 regarding the rezoning from General Use (GU) to Tourist (T) based upon it being consistent with the City’s Comprehensive Plan and the Land Development Regulations, including the rezoning criteria described in Section 34-40 of the Code (Approved 7-0).

 

 

F. Small Scale Comprehensive Plan Amendment (SSA) No. 10-2022, Titusville Chance Partners / Columbia Boulevard - Conduct the second reading and public hearing of ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 10-2022.

 

Ordinance No. 13-2023 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 33 acres of land located at the southwest corner of the intersection of Columbia Boulevard and Challenger Memorial Parkway with parcel id number 22-35-33-00-506, from the Commercial High Intensity future land use designation to the High Density Residential future land use designation, and

 

Ordinance No. 14-2023 amending Ordinance No. 5-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the zoning classification of approximately 33 acres of land located at the southwest corner of the intersection of Columbia Boulevard and Challenger Memorial Parkway with parcel id number 22-35-33-00-506, from the Regional Commercial Zoning district to the Planned Development zoning district.

 

 

The land use amendment is a legislative item and the rezoning is a quasi-judicial item.

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on February 8, 2023 and recommended approval of SSA No. 10-2022 Chance Partners small scale land use amendment approved 5-0 and approve the planned development (PD) rezoning ordinance with master plan and conditions 5-0. Included with the motion to approve the rezoning were two additional conditions recommended by the P&Z. There should be no burning of vegetation as part of site construction AND buildings shall be no taller than 35-feet within 75-feet of the property line.

 

 

G. Development Agreement (DA) No. 1-2023 Tranquility (F/K/A Antigua Bay) Fourth Amendment - Conduct the City Council public hearing and consider the Fourth Amendment to the Tranquility Development Agreement.

 

On February 22, 2023, the Planning and Zoning Commission, Local Planning Agency, made a motion to not accept the 4th Amendment Tranquility as presented, and recommends to City Council that they request that the applicant continue to work with City staff regarding the following concerns: Future Lane Use Policy 1.20.2 (Comprehensive Plan), Open Space and Park and Recreation requirements, RMU zoning sub-districts, density, and legal description, which are outlined in the agenda packet as “Outstanding Issues” in the February 22, 2023 Planning and Zoning Commission meeting on page 33 of 283, so that a better proposal is presented back to the city for approval. (Approved 7-0)

 

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 15-2023, Amending Rule 5 of Section 2-26 of the Code of Ordinances "Rules of the City Council" - Conduct first reading of Ordinance No. 15-2023 amending Rule 5 of Section 2-26 of the Code of Ordinances "Rules of the City Council", by amending procedures and time limits for public comment on the Consent Agenda at Council meetings; providing for severability; and providing for effective date.

 

 

11. OLD BUSINESS

 

A. FY 24 CDBG and HOME Grant Funding Recommendations - Approve Community Development Block Grant (CDBG) and HOME grant program funding recommendations, totaling an estimated $348,000 for CDBG and $140,000 for HOME, for inclusion into the City's FY 24 Annual Action Plan as required by HUD.

 

 

12. NEW BUSINESS

 

A. Abatement of Nuisance located at 2280 Beechwood Court, Titusville FL 32780 and Resolution No. 7-2023 - Authorize the City Attorney's Office to proceed with all necessary actions to enjoin the public nuisance at 2280 Beechwood Court, pursuant to Florida Statutes Sec. 60.05, and approve Resolution No. 7-2023.

 

 

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