Regular City Council - February 9, 2021 6:30 PM

  1. Agendas

CITY OF TITUS VILLE 

COUNCIL AGENDA
February 9, 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 COVID-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 regular City Council meeting on November 24, 2020 (6:30 p.m.) and the special City Council meeting on January 12, 2021.

5.    SPECIAL RECOGNITIONS & PRESENTATIONS

6.    BOARDS AND COMMISSIONS

A.    Titusville Environmental Commission (TEC) - Member Absences
The Titusville Environmental Commission requests that Council allow TEC Member Tuan Le to continue serving on the TEC.

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

8.    CONSENT AGENDA

A.    Award US1 Beautification Project – South to Grace
Approve award of bid #21-B-03 for US1 Beautification Project – South to Grace Project to J B's Lawn Control of Titusville, Florida in the amount of $34,824.56 to provide nursery plantings, landscape material, and installation services to designated downtown Titusville areas. Additionally, authorize the Mayor to execute the contract.

B.    Budget Amendment - CRA Repair & Maintenance Services, Landscaping Mulch
Approve the Budget Amendment in the amount of $15,000 to fund the purchase of landscape mulch for the CRA District.

C.    Resolution No. 6-2021 Approving Temporary Closure of State Roads for Special Event - Spaceship Earth Day Celebration
Approve Resolution No. 6-2021 approving the temporary closure of US1 on April 9, 2021 for the Spaceship Earth Day Celebration street party.

D.    Approval of Additional Funding for an Emergency Purchase Order to KAG Specialty Products Group, LLC for Hauling Contaminated Stormwater
Approve additional funds be allocated to an existing emergency purchase order to KAG Specialty Products Group, LLC in the amount of $120,000 for hauling of contaminated stormwater related to the sewer force main break at Sand Point Park and approve the associated budget amendment in the amount of $200,000 to fund the emergency hauling.

E.    Approve Award of Contract - THS Baffle Box Construction
Approve award of bid #21-B-017 to Gregori Construction, Inc. of Titusville, Florida in the amount of $318,000.00 to construct the Titusville High School Basin Baffle Box. Additionally, authorize the Mayor to approve the associated budget amendment and execute the contract upon review and approval by City's Legal Department.

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

A.    Ordinance No. 3-2021 Relating to Brewpubs
Conduct the second public hearing for 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.

On January 20, 2021, the Planning and Zoning Commission considered the ordinance and tabled the item. On February 3, 2021, the Planning and Zoning Commission recommended that the ordinance be tabled to re-advertise the ordinance and allow staff to address concerns relating to setbacks, outdoor seating, outdoor entertainment, hours of operation, and inconsistencies with other uses and zoning districts mentioned previously. Motion passed 4 – 3.

B.    Ordinance No. 4-2021 Relating to Tiny Homes
Conduct the second 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.

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.

C.    Ordinance No. 5-2021 Relating to Submittal Requirements for Plan Amendments and Master Plans
Conduct the public hearing for 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.

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.

D.    Ordinance No. 6-2021 - Technical Manuals Codification
Conduct the public hearing for 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.

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.

E.    Right of Way Vacate Request ROW # 4-2020 Falcon's Roost
Approve ROW 4-2020 application to vacate three rights of way located on property north of Knox McRae Drive and west of the Oakdale subdivision with conditions and approve related Resolution No. 7-2021.

The Planning and Zoning Commission considered this request on February 3, 2021 and recommended approval, as presented with conditions by staff. It passed unanimously.

10.    ORDINANCES-FIRST READING

A.    Ordinance No. 7-2021 Relating to Public Purpose Variances
Conduct the first reading for Ordinance No. 7-2021 amending the Code of Ordinances by establishing a variance process to be heard by the City Council for projects determined to serve a public purpose; by amending Chapter 34 “Procedures”, Article V “Variances and Appeals”, by adding a new Division 9, “Variances for Public Purpose Projects”, including “Applicability”, “Criteria for granting variances”, “Required application”, “Notice requirements”, “Hearing and decision”, providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code. (This is the first reading of the ordinance. The second reading and public hearing is scheduled to be heard by City Council on February 23, 2021 at 6:30 pm.)

The Planning and Zoning Commission considered this ordinance on February 3, 2021 and recommended approval, as submitted. It passed 6-1.

11.    OLD BUSINESS

A.    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. (This item was tabled at the regular City Council meeting on January 26, 2021 at 6:30 p.m.)

B.    Sand Point Park Fencing
Provide staff direction for fencing options at Sand Point Park as discussed at a previous City Council meeting. (This item was tabled at the regular City Council meeting on January 26, 2021 at 6:30 p.m.)

C.    Draft 2040 Comprehensive Plan
Provide direction to staff regarding the Draft 2040 Comprehensive Plan. (This item was tabled at the regular City Council meeting on January 26, 2021 at 6:30 p.m.)

12.    NEW BUSINESS

A.    Falcon's Roost - Sketch Plat
Approve the Sketch Plat for Falcon's Roost. 

On February 3, 2021, the Planning and Zoning Commission considered this request and recommended approval, as submitted. It passed unanimously.

B.    Resolution No 8-2021 Amending Development Review Procedures Technical Manual Regarding Submittal Requirements for Information Related to Wetlands
Adopt Resolution No. 8-2021 amending the Technical Manuals and Specifications in support of the Land Development Regulations for wetland surveys and adding requirements for mitigation information, specifically amending Section 4.1.11 "Comprehensive Plan Amendment", 5.2.8.2 "Rezonings and Text Amendments Submittal Requirements", 6.1.1 and 6.1.5 "Master Plan Submittal Requirements:, 7.1.3 "Conditional Use Permit Submittal Requirements", 11.1.6 "Sketch Plat Required Submittals", 12.1.2.3 "Preliminary Plat Required Submittals", 14.3.2 "Concept Plan", 14.5.9 "Site Plan Required Exhibits" and 16.1.14 "Development Agreement Application Procedures", and providing for an effective date.

On January 20, 2021 the Planning and Zoning Commission considered this item and unanimously (7:0) recommended adoption of the resolution as written.

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