Regular City Council Meeting - January 26, 2021

  1. Agenda

CITY OF TITUSVILLE
COUNCIL AGENDA
January 26, 2021
6:30 PM - Council Chamber at City Hall
555 South Washington Avenue, Titusville, FL 32796

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 rules, designated seating shall be provided for the public at City Council and other City Boards meetings. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items during the meetings in accordance with City of Titusville policies and Resolution No. 36-2020. No tripods, easels, props, or other demonstrative aids shall be brought into public meetings of Council and City Boards. Speakers are permitted to have a sign with them during their designated speaking time provided that the sign is held by the speaker and is to be removed at the conclusion of their speaking time. Speakers who appear in person will be subject to screening for symptoms of COVI D-19 and any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall or public meetings of Council and City Boards. 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 South Washington Avenue, 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.

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 special City Council meetings on November 24, 2020 (10:30 a.m. - Last Regular Meeting) and November 24, 2020 (11:00 a.m. - Organizational Meeting).

5. SPECIAL RECOGNITIONS & PRESENTATIONS

A.    Reserved for Presentations
There may not be adequate time at the regular City Council meeting scheduled for January 26, 2021 at 5:30 p.m. to hear all the presentations as outlined in the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on January 26, 2021 that commences at 6:30 p.m.

6. BOARDS AND COMMISSIONS

A.    Titusville Community Service Award Select Committee
Request the Mayor to appoint the chairperson and clergy representative for the 2021 Titusville Community Service Award Select Committee, with confirmation by City Council.

B.    Titusville Flag and Memorial Committee
The Titusville Flag and Memorial Committee's semi-annual report will be presented. No action is required.

C.    Historic Preservation Board Semi-Annual Report
The Historic Preservation Board's Semi-Annual Report will be presented. No action is required.

D.    Historic Preservation Board
Appoint one (1) alternate member to the Historic Preservation Board with a unexpired term to expire on October 31, 2022.

E.    Planning and Zoning Commission
Appoint three (3) regular members and one (1) alternate member to the Planning and Zoning Commission with terms to expire on January 31, 2023.

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

8. CONSENT AGENDA

A.    Resolution No. 5-2021 Approving Temporary Closure of State Roads for Special Events
Approve Resolution No. 5-2021 approving the temporary closure of A. Max Brewer Bridge on February 27, 2021 for the Max Brewer 5K Run/Walk, and US 1 for the St. Paddy's Day Downtown Street Party on March 12, 2021.

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

A.    Ordinance No. 3-2021 Relating to Brewpubs
Conduct the first reading and first public hearing of Ordinance No. 3-2021 amending Chapter 28 “Zoning” of the Land Development Regulations; specifically designating Brewpubs as permitted uses in Tourist, Community Commercial, Regional Commercial, Downtown Mixed Use, Urban Mixed Use, Shoreline Mixed Use, Regional Mixed Use 300 and 400 Sub-districts, Urban Village, and Indian River City Neighborhood Commercial zoning districts; by amending Section 28-54 “Use Table” to add “Brewpub”; creating Section 28-105.8 “Brewpub” and providing for definitions; amending Section 28-204 “Craft Brewery/Craft Distillery” by designating Craft Brewery/Craft Distillery as a permitted use in Planned Industrial Development zoning district; deleting Section 28-213 “Microbrewery”; and amending Sections 28-342 “Accessory Use Table” and 28-361 “Outdoor Areas Of Seating” to allow Outdoor Areas Of Seating as a limited use in Regional Mixed Use 300 Sub-district; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation in the code. (This is the first reading and first public hearing. The second and final public hearing will be held at the regular City Council meeting on February 9, 2021 at 6:30 pm.)

At their meeting on January 20, 2021 the Planning and Zoning Commission considered this ordinance and recommended tabling until the February 3, 2021

Planning and Zoning Commission meeting to allow staff to review concerns about hours of operation, outdoor seating, outdoor entertainment, better define barrels, liters and gallons, distance between business and residential (apply West Melbourne’s distance of 150ft), apply the Downtown Mixed Use (DMU) codes regarding outside entertainment being a conditional use in all districts, and make this more simplified to understand. The motion was approved, 7-0.

B.    Ordinance No. 4-2021 Relating to Tiny Homes
Conduct the first reading and first public hearing of Ordinance No. 4-2021 amending the Code Of Ordinances to amend Chapter 28 “Zoning” of the Land Development Regulations to allow Tiny Houses in the Multifamily Medium Density Residential (R-2), Multifamily High Density Residential (R-3), Urban Mixed Use (UMU), Residential Manufactured Housing (RMH-1) and Residential Manufactured Housing Park (RMH-2) zoning districts; by amending Section 28-54 “Use Table”, by adding Section 28-80.5 “Tiny Houses”, by adding Section 280.6 “Tiny House On Wheels (THOW); by amending Section 28-178 “Travel Trailer Park”, and by amending Chapter 33, “Development Options”, by amending Article I, “Planned Development (Pd)”; by amending Section 33-6 “Internal Yard and Bulk Requirements” and by amending Chapter 37 “Definitions”; by amending Section 37-1 “Definitions” to add definitions of Cottage Home Development, Tiny House and Tiny House On Wheels (THOW); providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first reading and first public hearing. The second and final public hearing is scheduled for the regular City Council meeting on February 9, 2021 at 6:30 pm.)

At their meeting on January 20, 2021, the Planning and Zoning Commission considered this ordinance and recommended approval, 6-0, as presented. One member was not present during the vote.

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.    Rezoning No. 2-2020 Huntington Park
Conduct the second reading and public hearing of Ordinance No. 2-2021 for Rezoning (REZ) Application No. 2-2020 Huntington Park to amend the Planned Development (PD) zoning ordinance and master plan for vacant land west of Park Avenue and north of Country Club Drive with the amendments to Exhibit A of the ordinance.

On January 6, 2021, the Planning and Zoning Commission (P&Z) recommended approval with the condition that parking on the road is restricted to a single side using odd and even approach (vote: 4 yes, 3 no).

D.    Conditional Use Permit No. 4-2020-A - Missileview Lift Station, 725 Buffalo Road
Approve the Conditional Use Permit No. 4-2020A for Storage or Use of a Regulated Substance in the Area of Critical Concern to Install an Emergency Generator for Sewer Lift Station #10 (Missileview) Located at 725 Buffalo Road.

On January 13, 2020 the Titusville Environmental Commission considered this request and unanimously (6:0) recommended approval with the following conditions: (1) The City explore the feasibility of purchasing other generators which use alternative fuels such as bio-diesel, propane or natural gas and include any findings in the Planning and Zoning Commission and City Council agendas. (2) If a generator which uses diesel fuel remains the preferred option, add a concrete lip to the concrete pad where the generator is to be installed to act as a third level of protection and containment.

On January 20, 2020 the Planning and Zoning Commission considered this request and recommended approval (7,0) with three conditions: 1. Obscure the view of the tanks and generators from street view with some type of screening; 2. Research the feasibility of a third level of containment; and 3. Include the Titusville Environmental Commission’s recommendation to research alternative fuel sources for future use.

E.    Conditional Use Permit No. 4-2020-B - South Lake Plant Lift Station, 88 N. Carpenter Road
Approve Conditional Use Permit No. 4-2020 B for Storage or Use of a Regulated Substance in the Area of Critical Concern to Install an Emergency Generator for Sewer Lift Station Located at 88 N. Carpenter Road.

On January 13, 2020 the Titusville Environmental Commission considered this request and unanimously (6:0) recommended approval with the following conditions: (1) The City explore the feasibility of purchasing other generators which use alternative fuels such as bio-diesel, propane or natural gas and include any findings in the Planning and Zoning Commission and City Council agendas. (2) If a generator which uses diesel fuel remains the preferred option, add a concrete lip to the concrete pad where the generator is to be installed to act as a third level of protection and containment. (3) Staff from the Stormwater Division will explore the issues raised by the public regarding the possible retention area and work with Brevard County if issues are related to city-owned property noted as subject property for this item.

On January 20, 2020 the Planning and Zoning Commission considered this request and recommended approval (7,0) with three conditions: 1. Obscure the view of the tanks and generators from street view with some type of screening; 2. Research the feasibility of a third level of containment; and 3. Include the Titusville Environmental Commission’s recommendation to research alternative fuel sources for future use.

F.    Conditional Use Permit No. 4-2020-C - Imperial Estates II Lift Station, 4972 Sisson Road
Approve the Conditional Use Permit No. 4-2020C for Storage or Use of a Regulated Substance in the Area of Critical Concern to Install an Emergency Generator for Sewer Lift Station Located at 4972 Sisson Road.

On January 13, 2020 the Titusville Environmental Commission considered this request and unanimously (6:0) recommended approval with the following conditions: (1) The City explore the feasibility of purchasing other generators which use alternative fuels such as bio-diesel, propane or natural gas and include any findings in the Planning and Zoning Commission and City Council agendas. (2) If a generator which uses diesel fuel remains the preferred option, add a concrete lip to the concrete pad where the generator is to be installed to act as a third level of protection and containment.

On January 20,2020, the Planning and Zoning Commission considered this request and recommended approval (7,0) with four conditions: 1. Obscure the view of the tanks and generators from street view with some type of screening; 2. Research the feasibility of a third level of containment; 3.Include the Titusville Environmental Commission’s recommendation to research alternative fuel sources for future use; and 4. Staff continue researching issues related to the nearby retention area.

10. ORDINANCES-FIRST READING

A.    Ordinance No. 5-2021 Relating to Submittal Requirements for Plan Amendments and Master Plans
Conduct the first reading of Ordinance No. 5-2021 amending the Code of Ordinances by deleting certain wetland and master plan submittal requirements from the code that currently exist in the Development Review Procedures Technical Manual by amending Chapter 29 “Special Districts and Overlays”, Article IV “Wetland and Conservation Area (WCA)”, Section 29-71 “Intent” and Chapter 34 “Procedures”, Section 34-55 “Master plan approval”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This is the first reading of Ordinance No. 5-2021. The second reading and public hearing is scheduled to be conducted by City Council on February 9, 2021 beginning at 6:30 pm.)

On January 13, 2021 the Titusville Environmental Commission considered this ordinance and recommended approval as written.

On January 20, 2021, the Planning and Zoning Commission considered this ordinance and recommended approval, 6-0, as presented. One member was not present during the vote.

B.    Ordinance No. 6-2021 - Technical Manuals Codification
Conduct first reading of Ordinance No. 6-2021 amending Chapter 30, Article I “General Provisions” by creating Division 4 “Technical Manuals” Section 30-8 “Technical Manuals” incorporating the Development Review Procedures Technical Manual, Environmental Protection Technical Manual, Hazardous Materials Technical Manual, Landscaping Technical Manual, Stormwater Management Technical Manual, Transportation Infrastructure Technical Manual and Concurrency Technical Manual in the land development code; providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code. (The public hearing is scheduled to be conducted by City Council on February 9, 2021 at 6:30 pm.)

On January 20, 2021, the Planning and Zoning Commission recommended approval, 7-0, as presented.

11. OLD BUSINESS

A.    Sand Point Park Fencing
Provide staff direction for fencing options at Sand Point Park as discussed at a previous City Council meeting. 

12. NEW BUSINESS

A.    Huntington Park - Sketch Plat
Recommend approval of the Sketch Plat for Huntington Park

On January 6, 2021, the Planning and Zoning Commission (P&Z) recommended approval with the condition of the addition of a pedestrian path between Huntington Park and Falcon Roost a project that will be next to it based on feasibility (vote: 4 yes, 3 no).

B.    Advisability to transition Residential Solid Waste charges to the Non-Ad Valorem Tax Rolls
Council authorize staff to proceed with a review of placing Residential Solid Waste charges on the Non-Ad Valorem Tax Rolls.

C.    Draft 2040 Comprehensive Plan
Provide direction to staff regarding the Draft 2040 Comprehensive Plan.

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