Regular City Council - August 8, 2023

CITY OF TITUSVILLE

COUNCIL AGENDA

August 8, 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 (Presentation Meeting) on July 25, 2023 (5:30 p.m.).

5. SPECIAL RECOGNITIONS & PRESENTATIONS

6. BOARDS AND COMMISSIONS

A. Board of Adjustments and Appeals - The Board of Adjustments and Appeals semi-annual written report is included in the agenda packet. No action is requested.

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

8. CONSENT AGENDA

A. 2023-2024 School Board of Brevard County School Resource Officer Program - Approve and execute the 2023-2024 School Board of Brevard County SRO Program Memorandum of Understanding and approve the required budget amendment.

B. 2023-2024 Park Avenue Christian Academy Resource Officer Program - Approve and execute the 2023-2024 Park Avenue Christian Academy School Resource Officer (SRO) Program Memorandum of Understanding and approve the required budget amendment.

C. 2023-2024 Sculptor Charter School Resource Officer Program - Approve and execute the 2023-2024 Sculptor Charter School Resource Officer (SRO) Program Memorandum of Understanding and approve the required budget amendment.

D. Economic Development Strategic Plan Update Project - Approve the Economic Development Strategic Plan Update Project and the associated budget amendment.

E. Change order for LaCita Underdrains and Reallocation of ARPA Funds for Stormwater Projects - Approve Change Order #1 in the amount of $19,730 to work order #SDVPW007-A under contract #CN20B015 with SDV Services, Inc. for extra dewatering that was necessary to complete the project. Approve the reallocation of American Rescue Plan Act (ARPA) funds in the amount of $19,730 from the Underdrains - Shangri-La and Main Street 2 Baffle Box Projects. Additionally, approve associated budget amendment and authorize the City Manager to execute the change order.

F. Award of Contract - Downtown Riverfront Walkway Project - Approve the award of contract to Rush Marine of Titusville, FL in the amount of $998,656. Additionally, approve the associated budget amendment and authorize the Mayor to execute the contract.

G. Citywide Multifunction Office Equipment Leases - Approve the utilization of Brevard County's contract #10047, RFP#7-22-07 effective through March 5, 2026 with Dex Imagining for the lease and maintenance of Multifunction Office Equipment. In addition, authorize the City Manager to execute any required agreement documents and City staff to issue Purchase Orders.

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

A. Ordinance No. 30-2023 Repealing Section No. 11-379 "Solicitation on Right-of-Way" - Conduct second reading and the public hearing of Ordinance No. 30-2023 repealing Section 11-379 of the Code of Ordinances "Solicitation on right of way" and utilize Brevard County's Ordinance 2022-12 to prohibit persons from interfering or impacting the safe and efficient movement of vehicular traffic.

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.

B. Right of Way Vacate (ROW) No. 1-2023 - Broad Street - Conduct the public hearing and approve Resolution No. 20-2023 vacating, abandoning, and discontinuing certain public streets for a portion of the public right-of-way of Broad Street.

The Planning and Zoning Commission recommended approval of ROW No. 1-2023 as presented with the staff recommended conditions and subject to clarifying the point of the beginning of the easement running west 30 feet. Approved with a 6 yes, 1 no vote. Member Moscoso voted no because she would have liked to have seen a portion of the right-of-way designated for expansion of the bike trail.

C. Conditional Use Permit (CUP) No. 2-2023 - 3580 Garden Street (All American Oil) - Approve Conditional Use Permit (CUP) No. 2-2023 with conditions to establish a retail fuel sales use, including fuel pumps in the Area of Critical Concern at 3580 Garden Street.

On August 2, 2023, the Planning and Zoning Commission recommended approval of CUP No. 2-2023 as presented with the staff recommended condition, and that the buffering be vegetation in back and that the existing billboard on the property be removed. Approved 6-1. Member Fayson voted no because he feels that this will eventually cause problems in the future with traffic.

D. Small Scale Comprehensive Plan Amendment (SSA) No. 6-2023 - 1625 Tropic Street -

In an email dated July 31, 2023, the applicant requested to withdraw this application from consideration by City Council. 

Conduct the public hearing and second reading of the ordinances and make recommendation on Small Scale Comprehensive Plan Amendment (SSA) No. 6-2023.

Ordinance No. 31-2023 - 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 7.03+/- acres of property located south of Tropic Street and west of S Dixie Avenue, having Brevard County parcel ID No 22-35-04-00-23, from the Low Density Residential to the High Density Residential future land use designation; and providing for an effective date. (Staff recommends denial of the amendment to the Comprehensive Plan Future Land Use Map from Low Density Residential (5 du/ac) to the High Density Residential (15 du/ac). This is a legislative item.)

Ordinance no. 32-2023 - 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 Single Family Medium Density (R-1b) zoning district to the Multifamily High Density Residential (R-3) zoning district on approximately 7.03+/- acres of property located south of Tropic Street and west of S Dixie Avenue, having Brevard County parcel ID No 22-35-04-00-23; and providing for an effective date. (Staff recommends denial of the request to rezone the property from the Single-Family Medium Density (R-1B) to the Multifamily High Density Residential (R-3) zoning district. This is a quasi-judicial item.)

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this item at their July 19, 2023, regular meeting and recommended denial of the request based on that it is not consistent with the Future Land Use policy 1.14.4 and policy 1.14.6. Motion to deny was approved by a 6-0 vote.

10. ORDINANCES-FIRST READING

A. Comprehensive Plan Small Scale Amendment (SSA) No. 4-2023 3020 Whipple Street

Conduct the first reading of the ordinances on Small Scale Comprehensive Plan Amendment (SSA) No. 4-2023.

Ordinance No. 33-2023, an Ordinance of the City of Titusville, Florida, 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 1.26+/- acres of property located west of Whipple Street, having Brevard County Parcel ID No 21-35-29-00-545, from the Conservation future land use designation to the Residential Two future land use designation; and providing for an effective

date.

Ordinance No. 34-2023, an ordinance of the City of Titusville, Florida, 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 Open Space and Recreation (OR) zoning district to the Rural Residential (RR) zoning district on approximately 1.26+/- acres of property located west of Whipple street, Having Brevard County Parcel ID No 21-35-29-00-545; and providing for an effective date.

On August 2, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of SSA No. 4-2023 to amend the Comprehensive Plan Future Land Use and rezoning as presented. Approved 7-0.

B. Comprehensive Plan Small Scale Amendment (SSA) No. 3-2023 Evermore Multi-family 1925 S. Park Avenue - Conduct the first reading for ordinances for Comprehensive Plan Small Scale Amendment (SSA) 3-2023 with rezoning.

Ordinance No. 35-2023 - an ordinance of the City of Titusville, Florida, 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 designations on approximately 10.09+/-, acres of property located at the northeast quadrant at the intersection of S. Park Avenue and Harrison Street, having Brevard County Parcel ID Nos. 22-35-09-00-503 and 22-35-09-00-509, from the Commercial Low Intensity and Medium Density Residential future land use designations to the High Density Residential future land use designation; and providing for an effective date. This is a legislative item.

Ordinance No. 36-2023 - to rezone from the Neighborhood Commercial (NC) and a portion of Multifamily Medium Density Residential (R-2) on approximately 10.09 +/- acres of property

located at 1925 South Park Avenue, having Parcel I.D.s 22-35-09-00-509 and 22-35-09-00-503 with to the Multifamily High Density Residential (R-3) zoning designation. This is a quasi judicial item.

There are currently no Planning and Zoning Commission recommendations. This item is being re-advertised and rescheduled to the August 16, 2023 Planning and Zoning Commission meeting.

11. OLD BUSINESS

12. NEW BUSINESS

A. Draft Comprehensive Plan Amendments to the Future Land Use, Transportation and Housing Elements and Draft Land Development Regulations - Schedule Transmittal Hearings for the Draft Comprehensive Plan Amendments to the Future Land Use, Transportation and Housing Elements, and provide input on the draft Land Development Regulations.

B. Golf Course Ordinance – Advisability - Consider action regarding a draft golf course redevelopment ordinance.

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