Regular City Council - May 10, 2022

City Council

Regular Meeting

May 10, 2022

The City of Titusville City Council met in regular session on Tuesday, May 10, 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 7:40 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. 

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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. 

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APPROVAL OF MINUTES

Motion: Vice-Mayor Jordan moved to approve the minutes of the regular City Council meetings on February 22, 2022 (6:30 p.m.), and March 22, 2022 (5:30 p.m.), as submitted. Member Nelson seconded the motion. 

The motion carried unanimously. 

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City Manager Larese stated that the applicant requested tabling Item 9E – Small Scale Comprehensive Plan Amendment (SSA) No. 1-2021 Windover Parcel 22 3532-00-9 to the regular City Council meeting on June 14, 2022 at 6:30 p.m.

Motion:

Vice-Mayor Jordan moved to table Item 9E – Small Scale Comprehensive Plan Amendment (SSA) No. 1-2021 Windover Parcel 22 3532-00-9 to the regular City Council meeting on June 14, 2022 at 6:30 p.m., as requested by the applicant. 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.

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Mayor Diesel called for a five-minute recess. Following the recess, the meeting reconvened.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

BOARDS AND COMMISSIONS

Historic Preservation Board – The request was to accept the resignation of Alternate Member Jean Caramanna-Collins of the Historic Preservation Board. The resignation was effective on April 25, 2022. Additionally, appoint one alternate member to the Historic Preservation Board with an unexpired term to expire on October 31, 2022.

There was one application on file for consideration. Mr. Kirk Davis expressed his willingness and desire to serve on this board as an alternate member with an unexpired term to expire on October 31, 2022.

Toni Shifalo stated that she was an alternate member on the Historic Preservation Board for three years. During that time, she only missed two meetings. Ms. Shifalo stated that she appreciated that the Historic Preservation Board listened to her opinions and made her feel important. Ms. Shiflao asked Council to appoint Mr. Davis because of his wealth of historic information. Ms. Shifalo stated that the Historic Preservation Board’s annual workshop was on Thursday, May 19, 2022 at 5:30 p.m. and invited everyone to attend. 

Kirk Davis stated that he has been a resident of Titusville for forty years and was a graduate of Titusville High School. Mr. Davis stated that he was a retired Commander for the United States Coast Guard, where he served for twenty-five years. Mr. Davis stated that history was a passion of his and he was a member of the Historical Society Museum of North Brevard, a member of the Geological Society of North Brevard, and a member of the Oak Ridge Cemetery Board of Trustees. Mr. Davis stated the he was the owner of Davis Memorial Cemetery and has established over 800 online legacy memorials through Ancestry.com so that the future generations were able to reflect on their descendants. 

Motion: Member Nelson moved to accept the resignation of Alternate Member Jean Caramanna-Collins of the Historic Preservation Board, as requested. The resignation was effective on April 25, 2022.  Vice-Mayor Jordan 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.

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Motion: Vice-Mayor Jordan moved to appoint Kirk Davis as an alternate member to the Historic Preservation Board with an unexpired term to expire on October 31, 2022. 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.

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

Dwight Severs thanked Public Works Director Kevin Cook and the Public Works Department for street sweeping the oak tree leaves on Riverside Drive and Indian River Avenue. This prevented them from entering the Indian River Lagoon. Mr. Severs stated that the clarity of the Indian River Lagoon was good now, but continued to express his concerns for the Indian River Lagoon’s overall health and the health of the manatees. Mr. Severs also discussed a letter that he delivered to City Manager Larese, City Attorney Broome, and Community Development Director Peggy Busacca on November 18, 2021 that requested notice for an upcoming application concerning an amendment to a development agreement.

City Attorney Broome stated that Community Development Director Peggy Busacca responded and stated that she received his request, but the City can not guarantee someone that was not required to receive notice per the City’s Codes/Land Development would be guaranteed a notice.

Member Nelson stated that she listened to a presentation from Professor Dr. Charles “chuck” Jacoby from St. Johns Water Management District. Dr. Jacoby stated that the Indian River Lagoon was getting cleaner, but it would still take a few years for the seagrass to begin growing.

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Stan Johnston stated that the right to clean water was important. Mr. Johnston discussed a survey for the SNJ Oaks Subdivision, the three-acre project for twenty-eight town homes, etc. Mr. Johnston stated that there was an error in the measurement of an angle on the survey for the SNJ Oaks Subdivision.

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Laurilee Thompson requested the Titusville Environmental Commission (TEC) meet twice a month to allow additional time to review items that have an environmental impact.  Currently, the TEC meets once a month for two hours.  Based on the discussion, the TEC will continue to meet once a month, but the members will meet for three hours.  Staff will review the bylaws, etc. to determine if any changes need to be made.  

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Nayra Atiya asked City Council to place the right to clean water on the November 2022 Ballot. Ms. Atiyah stated that the right to clean water was to exist, to flow, to be free of pollution, and to provide a healthy habitat. Ms. Atiyah stated that the elected officials have the authority to place this amendment on the ballot, per the City Charter. Ms. Atiyah stated that the Indian River Lagoon was dying and this was the opportunity for Council to make a difference.

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Mary Vodde Hamilton stated that she spent months looking at different City’s throughout Florida, but as soon as she visited Titusville, she knew it was a special place and moved here. Ms. Hamilton stated that Titusville was a lovely place to live and discussed all the wildlife and different things she has seen since moving to the area. Ms. Hamilton said that maybe some people have lived here so long that they no longer notice how special and beautiful Titusville was to the community. Ms. Hamilton requested that Council put the right to clean water on the next City Council Agenda to place on the ballot for 2022.

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Michael Myjak discussed the right to clean water and an amendment to Titusville’s City charter to protect the Indian River Lagoon. Mr. Myjak stated that the petition for the right to clean water was in the Orange County Charter and was voted on and approved with 89% of the voters in 2020 and now Titusville and Brevard County had the opportunity to do the same.

Member Nelson stated that she read the petition and agreed with the right to clean water, but the language in the petition was not as strong as she would like to see it. Member Nelson stated that there was a constitutional amendment that would impact all of Florida that can be signed online that had stronger language.

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Thomas Perez stated that Titusville citizens wanted the right to clean water on the 2022 ballot. Mr. Perez stated that the same lawyer that wrote the constitutional amendment that Member Nelson referred to also wrote the petition for Titusville that protected the Indian River Lagoon. Mr. Perez stated that the Indian River Lagoon needed the petition now for protection.  Mr. Perez stated that the petition provided people with an opportunity to work with Council to prevent further degradation and pollution.

Michael Myjak stated that currently water has no standing in the court of law. The amendment would make water have the right to exist, flow, be free of pollution, and proved a healthy habitat. If the state can not maintain the health of the Indian River Lagoon, then the state would be responsible.

Vice-Mayor Jordan expressed his concern for the amendment and stated that the focus should be on the Indian River Lagoon, because the City of Titusville has very clean drinking water.

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CONSENT AGENDA

City Clerk Wanda Wells advised that there were two cards for Consent Agenda Item B, and four cards submitted from one individual on other items.

City Manager Larese read Consent Agenda Items A through D, as followed:

Toni Shifalo asked about the three species of invasive privet that were on the tree list in the landscaping technical manual. Ms. Shifalo asked Council if the Titusville Environmental Commission was able to review and amend this list to remove the invasive trees.

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Laurilee Thompson stated that the Sylvester Palm Trees were able to contract lethal bronzing disease and she did not want that to happen in Titusville. Ms. Thompson stated that the Titusville Environmental Commission was working on the tree list and it was an agenda item at their next meeting.

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Stan Johnston thanked staff for letting the Titusville Environmental Commission review the tree list, etc. Mr. Johnston discussed the pay increase that occurred in the City of Cocoa recently, etc.

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Motion: Vice-Mayor Jordan moved to approve Consent Agenda items A, B, C, and D, in accordance with recommendations. Member Nelson seconded the motion. The roll call vote was:

                             Member Stoeckel                    Yes

                             Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Ordinance No 14-2022 - Car Rental Agencies in Downtown Mixed-Use District - Midtown Sub-district – City Attorney Broome read ordinance No. 14-2022 amending the Code of Ordinances to permit car rental agencies as a limited use in Downtown Mixed-Use District (DMU) – Midtown sub-district by amending Sections 28-54 “Use table” and 28-107 “Car rental agencies”; providing for severability; repeal of conflicting ordinances; an effective date and for incorporation into the code.

This item was tabled from the regular City Council meeting on April 26, 2022 to receive a recommendation from the Community Redevelopment Agency, which would be presented to Council at this meeting. The Planning and Zoning Commission considered this ordinance on April 6, 2022 and unanimously (7:0) recommended approval, striking prohibition on recreational vehicles.

In August 2021, City Council directed staff to review Section 28-107 requiring car rental agencies as a conditional use in the Midtown subdistrict of the Downtown Mixed Use District. In response to Council's request that staff reconsider the need for a conditional use in the Midtown subdistrict, staff developed an ordinance establishing car rental agencies as a limited use. Proposed standards for the use were: 

• Lot size greater than one-half acre and less than two and one-half acres. 
• Direct access to a collector or arterial roadway. 
• Shall not include recreational vehicle or heavy truck rentals. 
• Shall not utilize on-street parking of vehicles offered for rent. 

Community Development Director Busacca stated that the Community Redevelopment Agency recommended approval. 

Mayor Diesel stated that he liked the idea of allowing recreational vehicles, but was concerned about the size of them. 

Motion: Vice-Mayor Jordan moved to approve Ordinance No. 14-2022 Car Rental Agencies in Downtown Mixed Use District - Midtown Sub-district, as recommended by the Planning and Zoning Commission striking prohibition on recreational vehicles. Member Nelson seconded the motion. The roll call vote was:

                             Member Robinson                  No

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    No

The motion carried 3-2.

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2022-2026 Community Development Block Grant (CDBG) Consolidated Plan and 2022-2023 Annual Action Plan – City Manager Larese advised that the request was to conduct the public hearing on the City's CDBG 2022-2026 Consolidated Plan and 2022/2023 Annual Action Plan, and approve submittal to HUD.

The City was required to develop and submit a Consolidated Strategic Plan to HUD for the Community Development Block Grant (CDBG) program every five years. This plan drives the City's CDBG program over the five year program cycle and was used to develop the City's annual Action Plan each year. Additionally, because the City was part of the Brevard County HOME Consortium, by which the City receives HOME funds, a reference to and inclusion of these funds were included in these Plans.

Neighborhood Services Director Terrie Franklin stated that the dollar amounts in the plan were estimates and the City has not received the exact amount of funds that would be provided next year from HUD. 

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Toni Shifalo stated that she was in favor of the CBDG grant and strongly supported priority number three, to improve public facilities in the general area. Ms. Shifalo stated that she lived in the Community Redevelopment Agency District and understood the need for it. Ms. Shifalo stated that an anti-litter campaign and more trash cans would be useful as well. 

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Stan Johnston stated that Neighborhood Services Director Terrie Franklin was doing a great job with the CBDG grants. Mr. Johnston also discussed a sketch plat on Mockingbird Lane and said that the apron and driveway was only one way.  

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Motion:  Vice-Mayor Jordan moved to approve 2022-2026 Community Development Block Grant (CDBG) Consolidated Plan and 2022-2023 Annual Action Plan and approved submittal to HUD, as recommended. Member Neslon 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.

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City Attorney Broome read the (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.

Conditional Use Permit No. 3-2022 for a School (Public or Private) at 2600 South Park Avenue, Park Avenue Baptist Church – City Manager Larese advised the request was to conduct the public hearing and approve Conditional Use Permit No. 3-2022 to allow an expansion of an existing private school on the campus of the Park Avenue Baptist Church located at 2600 South Park Avenue.

Staff recommended approval with conditions: (1) As a condition of approval, parking for the school shall be designated by signage to ensure that school parking spaces meet the required twenty-five (25) front setback line in the R-1B zoning district, and (2) The BTR for the school shall be annotated to prohibit special education classes for juvenile offenders, correctional facilities, drug or alcohol dependency/abuse or similar type programs.

On May 4, 2022, the Planning and Zoning Commission (P&Z) recommended and voted to approve CUP No. 3-2022 – Park Avenue Baptist Church School with staff recommendation No. 1, which was as follows: 1. As a condition of approval, parking for the school shall be designated by signage to ensure that school parking spaces meet the required twenty-five (25) foot front setback line in the Single-Family Medium Density (R-1B) zoning district. The Planning and Zoning Commission did not approve the staff recommendation No. 2.   Approved with a 6 yes, 1 no vote. 

Planning and Zoning Commission Chairwoman Speidel voted no because she felt additional construction was needed (covered walkway).

The applicant’s representative, Rodney Honeycutt, stated that in the packet, there was a pick up and drop off route that worked for the school for a long time. Mr. Honeycutt stated that the hours of operation were coordinated with the church so there were no issues with parking.   

William Chivers stated that he operated Rush Construction and they were assisting Park Avenue Baptist Church with their pre-construction services. Mr. Chivers stated that Rush Construction was not being paid, only volunteering. Mr. Chivers stated that Park Avenue Baptist Church had a waiting list and this would create room for 50-100 students. 

Stan Johnston stated that his family was a member of Park Avenue Baptist Church since 1970 and stated that he did not believe the school needed the covered walkways. 

Motion: Vice-Mayor Jordan moved to approve Conditional Use Permit No. 3-2022 for a School (Public or Private) at 2600 South Park Avenue, Park Avenue Baptist Church, as recommended by staff with the following conditions:  (1) Parking for the school shall be designated by signage to ensure that school parking spaces meet the required twenty-five (25) front setback line in the R-1B zoning district and (2) the BTR for the school shall be annotated to prohibit special education classes for juvenile offenders, correctional facilities, drug or alcohol dependency/abuse or similar type programs. 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.

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Conditional Use Permit No. 1-2022 to Increase the Allowable Height for a Hotel and Two Multi-family Buildings in the Urban Village (UV) Zoning District for Property Located at 3550 South Washington Ave. – City Manager Larese advised that the request was to conduct the public hearing and approve Conditional Use Permit No. 1-2022 to maximize the allowable height per the master plan for two multifamily buildings (labeled as F and G) and hotel on property located at 3550 South Washington Avenue with conditions. 

On May 4, 2022, the Planning and Zoning Commission (P&Z) considered this request and recommended approval with staff recommendations as presented. Approved with a 7-0 vote.

Lisa McCotter, on behalf of the property owner, Jesse Wright, requested a Conditional Use Permit (CUP) to increase the allowable height of two multi-family buildings and one seven-story hotel. Per Section 28-106 of the Land Development Regulations, buildings over 60 feet in height require a Conditional Use permit in the Urban Village (UV) zoning district.

The conditions of approval were: (1) The height of Buildings G and the Hotel shall be reduced or relocated to meet the setback requirement described in Section 28-106(c)(1), and (2) The site plan shall demonstrate Low Impact Development (LID) techniques or facilities that increase stormwater treatment at least ten percent (10%) more treatment volume than required by the land development regulations [Section 28-106(c)(2)c].

Community Development Director Peggy Busacca stated that the developer informed the City that the low impact development techniques would increase storm water treatment by at least 10% more treatment volume then was required by Titusville’s Land Development Regulations. 

The applicant, Jessie Wright, presented a video to Council that showed a model of the proposed development on the property. Mr. Wright stated that the property would include charging stations as recommended. Mr. Wright stated that they were unable to make the twenty-foot buffer or the 10 x 20 feet size for the parking spaces, but were able to do 9 x 18 feet.  

Rodney Honeycutt discussed the building height, per the Florida building code, and verified the height with Titusville Building Official Steve Adams. 

Cindy Mott, the manager of the Titusville Antique Mall, stated that she was representing the 80 vendors who were part of the Antique Mall. Ms. Mott stated that the Antique Mall has been in business for ten years and averages 700-800 customers per week. The vendors understand the project and the work that would be needed to move to the new mall. 

Lisa McCotter stated that she supported the height request and thanked the staff and Council for their work and support. Ms. McCotter stated that the bus stop was on Hopkins Avenue behind the Antique Mall and the enhanced stop would be something that they would look into for the future.

Howard Graham expressed his support for the project as a neighbor that lives in the Rio Vista Patio Homes across the street from the mall. Mr. Graham stated that the current mall was an eye sore. 

Mayor Diesel asked Jessie Wright when the old building would be coming down. Mr. Wright stated that demolition would begin early next year.

Robert Hurnman, a co-vendor at the mall, expressed his excitement and support for the project. 

HD McWhite expressed his excitement and support for the project.

Stuart Buchanan stated that the Hotel Industry was based off of height and he hoped that City Council would approve this project. Mr. Buchanan stated that in some cities, rooftop mechanicals do not count as part of the building’s height to prevent variances for two to three feet. Mr. Buchanan stated that in some cities, they would pass a Conditional Use Permit for buildings over a certain size and include that public communications would be put on their roof, which stopped the need for cell phone tower leases.

Nathan Slusher expressed his support for the project and the environmental advantages including improved storm water infrastructure that would be constructed with the project.

Connie Milton stated that she has been a resident of Titusville for 48 years and said that she owned a house a half a mile away from the project. Ms. Milton expressed her concern for the parking situation at the mall.

The applicant, Jessie Wright, stated that the parking garage was removed from phase one and the project has a total of 1,050 parking spaces. The project met the minimum requirements for parking based on the Titusville’s Code/Land Development Regulations. 

Motion: Vice-Mayor Jordan moved to approve Conditional Use Permit No. 1-2022 to increase the allowable height for a hotel and two multi-family buildings in the Urban Village (UV) Zoning District for property located at 3550 South Washington Avenue, as recommended  with the following conditions:  (1) The height of Buildings G and the hotel shall be reduced or relocated to meet the setback requirement described in Section 28-106(c)(1) and (2) The site plan shall demonstrate Low Impact Development (LID) techniques or facilities that increase stormwater treatment at least ten percent (10%) more treatment volume than required by the Land Development Regulations (Section 28-106(c)(2)(c). 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.

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City Manager Larese asked Council to table Item 12B - City Hall LED Sign - Design Advisability and Item 12C - Advisability Regarding City-Owned Property (Parcel ID: 23-35-11-00-1) to the regular City Council meeting on May 24, 2022 at 6:30 p.m.

Motion: Vice Mayor Jordan move to table Item 12B - City Hall LED Sign - Design Advisability and Item 12C - Advisability Regarding City-Owned Property (Parcel ID: 23-35-11-00-1) to the regular City Council meeting on May 24, 2022. Member Stoeckel seconded the motion.

The motion carried unanimously. 

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Small Scale Comprehensive Plan Amendment (SSA) No. 1-2021 Windover Parcel 22 3532-00-9

The applicant has requested this item be tabled to the regular City Council meeting of June 14, 2022 at 6:30 P.M. – This item was tabled to the regular City Council meeting on June 14, 2022 at 6:30 p.m. earlier in the meeting.

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ORDINANCES-FIRST READING – None. 

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OLD BUSINESS – None.

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NEW BUSINESS

Mid-Year 2022 Financial Review - City Manager Larese advised the request was to accept the FY 2022 Mid-Year Financial Review and approve the proposed budget amendment for Fiscal Year 2022, as of March 31, 2022

Section 2087 of the City of Titusville Code required the City Manager to furnish an in-depth analysis of the budget and financial condition of the City at the midpoint of each fiscal year. Through the midpoint of Fiscal Year 2022, revenues continued to track consistently with budget expectations including state shared revenues. City Manager Larese stated that Finance would continue to monitor revenues closely through the summer months and would notify Council if further adjustments were needed.

Finance Director Teri Butler presented the mid-year budget review as well as the proposed changes and budget amendment proposals for City Council’s consideration. The presentation highlighted as follows:

• City of Titusville FY 2023 Strategic Goals & Objectives
• City Ordinance Code
• City Policy
• FY 2022 Revenues
• General Fund
• State Shares Revenues
• FY 2022 Expenditures
• FY 2022 Mid-Year Proposed Budget Adjustments
• FY 2022 Mid-Year Personnel Requests
• FY 2022 Mid-Year Conclusions
• Summary of Mid-Year Budget Adjustments
• What’s Next?
• Management Priorities FY 2023 Budget Build
• What’s Next?
• Questions and Public Comment

Council thanked Finance Director Teri Butler and the Finance Department for all of their work on the budget.

Stan Johnston stated that he had concerns with raising salaries and he did not support an increase in wages for everyone. Mr. Johnston also discussed a survey for SNJ Oaks Subdivision.

Motion: Vice-Mayor Jordan moved to accept the FY 2022 Mid-Year Financial Review and approve the proposed budget amendment for Fiscal Year 2022, as of March 31, 2022, as recommended.  Member Nelson seconded the motion. The roll call vote was:

                             Member Stoeckel                    Yes

                             Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

The motion carried unanimously.

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City Manager Larese stated that the meeting was approaching 10:30 p.m.

Motion: Member Nelson moved to extend the meeting for 25 more minutes. Member Stoeckel seconded the motion.

The motion carried unanimously.

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City Hall LED Sign - Design Advisability - This item was tabled to the regular City Council meeting on May 24, 2022 at 6:30 p.m. earlier in the meeting.

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Advisability Regarding City-Owned Property (Parcel ID: 23-35-11-00-1) – This item was tabled to the regular City Council meeting on May 24, 2022 at 6:30 p.m. earlier in the meeting. 

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Approval of Final Plat and Covenants, and Acceptance of Easements and Performance Bonds for Brookshire Subdivision – City Manager Larese advised that the request was to approve the final plat and covenants for Brookshire subdivision and accept performance bonds for completion of required infrastructure and required utility easements.

Brookshire, a 166-unit single-family subdivision was located west of I-95 and north of Garden Street. The development consisted of approximately 80 acres and has an overall density of 2.05 units per acre.

The Brookshire sketch plat was approved by Council on January 9, 2018. Section 34-161 "Definition", required that the preliminary plat shall be applied for within one (1) year of sketch plat approval. The preliminary plat application was submitted on October 23, 2018, which was reviewed and approved by staff on February 13, 2019. On September 10, 2019, the applicant asked for a six (6) month extension to the preliminary plat, which was granted consistent with Section 34-172 "Procedure." As requested by the applicant, the expiration date of the preliminary plat for Phase I approval was tolled for 294 days plus six (6) months based upon Governor’s Executive Orders 19-189 and 20-106 establishing the Hurricane Dorian State of Emergency. The final plat was consistent with the preliminary plat as required

Attorney Brent Spain, spoke on behalf of the applicant. Mr. Spain stated that the applicant supported the staff’s recommendations of approval and analysis.

Community Development Director Peggy Busacca reviewed the final plat with Council and stated that staff recommended approval. 

Rick Kern, Engineer from Honeycutt Associates, discussed the change in the preliminary plat from the sketch plat. The pond was moved to meet the requirements of the City Code, which only allowed eight feet of cut into the dirt. Mr. Kern stated that the Code required preservation of 10% of the native vegetation on site and they preserved 15% on the site.

Dwight Severs stated that the plat did not conform to the ordinances of the City. Mr. Severs provided documents to Council regarding the plat prior to the meeting. Mr. Severs stated that this subdivision was not family friendly or environmentally friendly. The St. Augustine grass that was required needed to be irrigated, as well as have pesticides and fertilizer used to keep it alive, which did not make it environmentally friendly. 

Member Stoeckel asked Mr. Severs what his number one concern was with the project. Mr. Severs stated that it was the requirement to have the St. Augustine grass. 

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Motion: Member Nelson moved to extend the meeting to 11:10 p.m. Member Stoeckel seconded the motion.

The motion carried unanimously.

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Laurilee Thompson stated that the St. Augustine grass was an issue because no reclaimed water was in this subdivision. Ms. Thompson stated that the subdivision was above the area two wellfield and if 160 homeowners drilled wells into the aquifer, it would cause problems with the aquifer. Ms. Thompson suggested using Bahia grass because it required less water and use of fertilizer and pesticides. 

Stan Johnston stated that he was also concerned with the same issues discussed by Mr. Severs and Ms. Thompson. 

Brent Spain reviewed the requirements and the plat. Mr. Spain stated that on the plat, there was an impervious surface limitation on all the lots to specifically meet the City’s Code requirements with regard to the location of the wellfield. Mr. Spain stated that there was nothing within the CCR (covenants, conditions, and restrictions) that required or mandated the St. Augustine grass was used. 

Council discussed using bahia grass, instead of St. Augustine. 

Community Development Director Peggy Busacca stated that the City did not enforce deed restrictions and it was not required in the Code. 

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Motion: Member Nelson moved to extend the meeting to 11:20 p.m. Vice-Mayor Jordan seconded the motion. 

The motion carried unanimously.

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Motion: Vice-Mayor Jordan moved to approve the final plat and covenants for Brookshire subdivision, and accept performance bonds for completion of required infrastructure and required utility easements, as recommended.  Member Stoeckel 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.

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

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MAYOR AND COUNCIL REPORTS

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

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Council Reports –

Vice-Mayor Jordan stated that Council was being asked to make decisions on too many things related to conditional use permits and asked that Council provide an advisability for staff to review the processes for approving conditional use permits.

Community Development Director Peggy Busacca stated that there were communities where Conditional Use Permits did not expire and staff would review and bring information back additional information to the City Council.

City Manager Larese stated that there were 44 projects currently in Titusville and six years ago, there were only seven. 

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

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City Attorneys Report – None. 

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With no further business to discuss, the meeting adjourned at 11:25 p.m.