Regular City Council Meeting - August 25, 2020 at 6:30 PM

  1. Agenda

CITY OF TITUSVILLE

COUNCIL AGENDA

August 25, 2020

6:30 PM - Council Chamber at City Hall

555 South Washington Avenue, Titusville, FL 32796

 

The City Council meeting may be conducted by utilizing communications media technology (CMT), as provided in section 120.54(5)(b)2, Florida Statutes without having a quorum of Council physically present in the Council Chambers. In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all local, state, and federal laws and guidelines regarding social distancing and social gatherings, designated seating shall be provided for the public within City Hall. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items at City Hall during the meeting in accordance with City of Titusville Resolution No. 16-2020. Signs held by speakers are permissible, but no tripods, easels, props or other demonstrative aids shall be brought into City Hall. In addition to the regular broadcasts of the Council meeting via closed circuit television and livestream YouTube video, which may be accessed through the City's website, video and audio of the meeting will also be provided within City Hall for the public in attendance. As an additional method for public participation the public may submit written comments, via email to city.agenda@titusville.com or by regular mail to City Council's attention at City Hall, 555 S. Washington Ave, Titusville, FL 32796. Written comments must be received by 5:00 p.m. prior to the start of the meeting and include the senders name, address and the subject line must specify the agenda item being addressed. All comments will be disseminated to the Council members and made a part of the public record prior to any action being taken. Speakers who appear in person will be subject to screening for symptoms of COVID-19 and any persons exhibiting symptoms of COVID-19 will not be permitted to enter City Hall.

 

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 - Pastor Mike Cassara of First Christian Church of Titusville will be present to give the invocation.

 

3. PLEDGE OF ALLEGIANCE

 

4. APPROVAL OF MINUTES

 

A. Minutes - Approve the minutes of the regular City Council meeting on August 11, 2020 and the special City Council meeting on August 6, 2020.

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Environmental Commission - Accept the resignation of Alternate Member Jeffrey Sallmen with an unexpired term to expire on November 30, 2020. Mr. Sallmen's resignation was effective on August 7, 2020. Also, accept the resignation of Regular Member Tammy Nelson with an unexpired term to expire on November 30, 2021. Ms. Nelson's resignation was effective on August 11, 2020.

 

B. 2020/2021 Student Advisory Council Appointment - Confirm Ms. Edie Pringle as a member of the 2020/2021 Student Advisory Council and 9th grade representative of the North Brevard Home School Association, as nominated by her school.

 

C. Planning and Zoning Commission - Appoint one regular member to the Planning and Zoning Commission with a term to expire on January 31, 2021.

 

D. North Brevard Commission on Parks and Recreation - Appoint two regular members to the North Brevard Commission of Parks and Recreation with terms to expire on August 31, 2022.

 

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

 

8. CONSENT AGENDA

 

A. Resolution No. 27-2020 Amending Resolution No. 14-2020 - Right-of-Way Vacation Application No. 3-2019 - Approve Resolution No. 27-2020 amending Resolution 14-2020 to correct the legal description and to extend the date by which the conditions of approval must be achieved.

 

At their meeting on August 19, 2020, the Planning and Zoning Commission recommended approval, 6-1.


B. 2020 Federal EPA Brownfields Community-Wide Assessment Grant Application - Authorize staff to apply for the 2020 Federal EPA Brownfields Community-Wide Assessment Grant.

 

C. Advisability - Site Review Thresholds - Approve advisability for staff to reassess the thresholds for site plan review to more appropriately match the level of review to potential impacts of development.


D. Advisability - Review of Master Plan Process - Approve advisability for staff to review the process for master plan approval.

 

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

 

A. Ordinance No. 6-2020 Relating to Wetland Survey Requirements - Conduct the public hearing for Ordinance No. 6-2020 amending the code of ordinances to include the requirement for a wetlands determination that is valid at the time of submittal to the City, specifically amending Chapter 29 “Special districts and overlays”; Section 29-71 “Intent” and Chapter 34 “Procedures”, Section 34-55 “Master plan submittal”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This ordinance was tabled at the regular City Council meeting on July 28, 2020.)

 

At their meeting on July 8, 2020, the Planning and Zoning Commission considered this ordinance and recommended approval (5:1). At their July 15, 2020 meeting, the Titusville Environmental Commission, unanimously, recommended approval of the ordinance.

 

Staff is requesting the ordinance be withdrawn and requests advisability to develop an ordinance that requires a wetland survey be prepared by a knowledgeable environmental professional for submittal to the City.

 

B. Ordinance No. 9-2020 - Revocation of Ad Valorem Tax Exemption for Rocket Crafters, Inc. - Conduct Second Reading and Public Hearing of Ordinance No. 9-2020, an ordinance of the City of Titusville, Florida, revoking the economic development ad valorem tax exemption to Rocket Crafters, Inc., and providing for an effective date.

 

10. ORDINANCES-FIRST READING

 

A. Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2020 - 2308 Hopkins Ave - Conduct the first reading of Ordinance No. 10-2020 amending the code of ordinances by amending Ordinance No. 60-1988, which adopted the Comprehensive Plan of the City of Titusville, by changing the land use designation on approximately 10,454 square feet of property located at 2308 South Hopkins Avenue, by replacing the Low Density Residential land use with the Commercial Low Intensity future land use designation; and providing for an effective date.

 

AND

 

Ordinance No. 11-2020 amending Ordinance No. 5-1993, by amending the zoning map made a part of said ordinance by reference by replacing the present Single-family Medium Density (R-1B) zoning district with the Neighborhood

Commercial (NC) zoning district on approximately 10,454 square feet of property located at 2308 South Hopkins Avenue; and providing for an effective date.

 

This is the first reading. The second reading and public hearing is scheduled for the regular City Council meeting on September 8, 2020 at 6:30 pm.

 

At their meeting on August 19, 2020, the Planning and Zoning Commission, unanimously, recommended approval of the Commercial Low Intensity Land Use Designation and recommended rezoning to Office Professional (OP) zoning district versus Neighborhood Commercial (NC) zoning district.

 

11. OLD BUSINESS

 

A. Brooks Landing Subdivision - Sketch Plat - Approve the Sketch Plat for Brooks Landing Subdivision. (This agenda item was tabled at the regular City Council meeting on July 28, 2020.)

 

At their meeting on July 22, 2020, the Planning and Zoning Commission recommended approval with the following conditions:  (1) Require clarification of the stormwater plan to determine the amount of drainage into Indian River Lagoon with the requirement to lessen or prevent drainage into the Indian River Lagoon or a clarification that there is no impact to the Indian River Lagoon with the current stormwater management proposal; (2) Require more open space (minimum 20 feet of a clear pathway around each pond) surrounding the ponds for recreation including items such as a walking trail with native vegetation planted with both trees and shrubbery (the Code-required 10 % natural planting/preserved area could be located within the minimum 20-foot clear pathway around each pond and the same could be counted toward the native plantings); and (3) Require the developer to provide proof of the required protection of protected animal species to the furthest extent possible abiding by state regulations.  The motion passed 4-2.


12. NEW BUSINESS

 

A. Advisability - Low Impact Development (LID) Ordinance - Provide direction to staff relating to incorporating Low Impact Development into the City's Land Development Regulations.

 

The Titusville Environmental Commission considered Low Impact Development options during their meeting on August 13, 2020 and unanimously (5:0) recommended the adoption of an ordinance and resolution encouraging the use of Low Impact Development and Best Management Action Plans. The TEC would like to see the ordinance again when the final draft is complete.

 

The Planning and Zoning Commission considered Low Impact Development options during their meeting on August 19, 2020. The Commission, unanimously, recommended to Council to direct staff to create the LID ordinance by January 2021 and only if necessary, use a consultant. The recommendation included making the use of LID a requirement, rather than encouraged. The ordinance/resolution presented would only encourage LID.      

 

B. Resolution No. 25-2020 Amending the Development Review Procedures Manual - Consider Resolution No. 25-2020 amending the Development Review Procedures Manual requirements regarding wetland surveys consistent with the language adopted in Ordinance No. 6-2020.

 

Staff is requesting that this resolution be withdrawn if City Council approves withdrawing the Wetland Survey Ordinance.

 

At their meeting on July 8, 2020, the Planning and Zoning Commission recommended approval (5:1) with the retention of the requirements for surveys in rezonings and conditional uses.

 

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. 15. CITY ATTORNEY’S REPORT