Regular City Council - April 12, 2022

City Council

Regular Meeting

April 12, 2022

The City of Titusville City Council met in regular session on Tuesday, April 12, 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 6:30 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, 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. 

Vice-Mayor Robert L. Jordan, Jr., was absent from the meeting. 

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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: Member Nelson moved to approve the minutes of the regular City Council meetings on February 22, 2022 (5:30 p.m.), March 8, 2022 and the special City Council meeting on March 15, 2022, as submitted. Member Stoeckel seconded the motion. 

The motion carried unanimously. 

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City Manager Larese stated that the applicant withdrew Item 10B - Voluntary Annexation Application No. 1-2022 and Small Scale Comprehensive Plan Amendment (SSA) Application No. 1-2022 for Correll Palms.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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BOARDS AND COMMISSIONS

North Brevard Commission on Parks and Recreation – The North Brevard Commission on Parks and Recreation’s semi-annual written report was included in the agenda packet. No action was required.

City Manager Larese advised that there was an update to the report prior to the meeting and that the updated report was provided to council.  

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North Brevard Library District Board – City Manager Larese advised the request was to accept the resignation of Regular Member Rhonda VanZant of the North Brevard Library District Board. The resignation was effective on April 4, 2022.

Motion: Member Nelson moved to accept the resignation of Regular Member Rhonda VanZant of the North Brevard Library District Board, as requested. Member Robinson seconded the motion. The roll call vote was:

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

       Mayor Diesel                          Yes

       Member Stoeckel                    Yes

The motion carried unanimously.

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

Michael Myjak discussed the impacts of pollutants in the Indian River Lagoon. Mr. Myjak stated that the City needed to create a mandate to protect the Indian River Lagoon to ensure the residents of Titusville had the right to clean water. Mr. Myjak stated that the Department of Environmental Protection was responsible for the current state of the Indian River Lagoon.

Stan Johnston discussed the sewer spill that occurred near Sand Point Park in December of 2020. Mr. Johnston stated that Florida Today would not post his pictures in their newspaper, etc.

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CONSENT AGENDA

City Clerk Wanda Wells advised that there were five cards for Item C, two cards for Item E, and five cards submitted from one individual.

City Manager Larese read Consent Agenda items A through E, as followed:

FL in the amount of $34,491.24 for the initial year installation and $20,661.48 annually for plant replacement for a term of one year with the option of four one year renewals. Additionally, authorize the Mayor to execute the contract and approve the associated budget amendment and project creation.

Kathleen Perez asked for clarification on funding for Consent Agenda Item 8C - Hanging Basket & Artificial Plants Contract Award. Public Works Director Kevin Cook informed Ms. Perez that the Community Redevelopment Agency was providing the funding.  Ms. Perez asked why the City was spending money on artificial plants, instead of real plants. Public Works Director Kevin Cook stated that in the past, the City used living plants in the hanging baskets, but they did not survive long and were difficult to maintain. 

Nathan Slusher stated that he did not support Consent Agenda Item 8C - Hanging Basket & Artificial Plants Contract Award. Mr. Slusher stated that the artificial plants did not last long and that hanging plants had the potential to look beautiful, if they were planted and maintained correctly. 

Mayor Diesel asked how long the artificial plants lasted in the past. Public Works Director Kevin Cook stated that the artificial plants lasted about a year and half at the most, but usually were replaced after hurricane season. 

Michael Myjak stated that he did not support Consent Agenda Item 8C - Hanging Basket & Artificial Plants Contract Award. Mr. Myjak stated that the City could spend the money on something for the Indian River Lagoon, instead of spending money on artificial plants. 

Member Nelson stated that she wanted to hold off on Item 8C - Hanging Basket & Artificial Plants Contract Award to see if there were native plants that could be used in the baskets or use the money on something for Scobie Park.

Public Works Director Kevin Cook stated that he would do whatever Council directed him to do for the project. 

Mayor Diesel stated that he would like to complete an experimental pilot project to see if the City can grow these native plants.

Member Robinson stated that he was in support of the native plants; however, the maintenance cost for the native plants was greater than the artificial plants. 

Toni Shifalo commented on Item 8C - Hanging Basket & Artificial Plants Contract Award. She stated that she would be embarrassed of hanging artificial plants in Titusville. Ms. Shifalo stated that the Titusville and Mims Gardening Clubs or the youth could help maintain and take care of the native plants. 

Krista Register supported Item 8E - Advisability - Code Related to Adult Day Care Facilities. Ms. Register stated that she worked at Titusville High School with students that had special needs and taught a transition program to help these students learn skills to become more independent in life. Ms. Register stated that Adult Day Care Facilities were very essential in the North Brevard area.

LaQuitta Collins commented on Item 8E - Advisability - Code Related to Adult Day Care Facilities. She stated that there was a lack of Adult Day Care Facilities in the Titusville area. Ms. Collins stated that there was only one other program that catered to individuals with disabilities, so allowing another in this area would be an asset to the community. 

Stan Johnston stated that he was not in support of Item 8C - Hanging Basket & Artificial Plants Contract Award and that the plastic pollution was already very bad. Mr. Johnston recommended that council table Item 8C to discuss other options. Mr. Johnston also discussed Item 8D - Fiscal Year 2021 Annual Report for the City of Titusville Community Redevelopment. Mr. Johnston stated that City Manager Larese and the Water Resources Department does not return his calls or return his messages. 

Member Robinson commented on Item 8D -- Fiscal Year 2021 Annual Report for the City of Titusville Community Redevelopment and asked why the liability price increased over $270,000 since 2019. Community Development Director Peggy Busacca stated that she would get Member Robinson the answer to his question.  Staff would try to provide prior to the end of meeting.

Motion: Member Robinson moved to table Item 8D - Fiscal Year 2021 Annual Report for the City of Titusville Community Redevelopment to the end of the meeting. Member Nelson seconded the motion.

The motion carried unanimously. 

Mayor Diesel recommended Public Works Director Kevin Cook add native plants to a few of the baskets and compare how they rank to the artificial plants.

Public Works Director Kevin Cooks stated that there were two additional poles going up on Julia Street that he could add baskets with native plants.

Member Nelson recommended tabling Item 8C - Hanging Basket & Artificial Plants Contract Award, because it was a lot of money and the artificial plants added more plastic pollution.

Public Works Director Kevin Cook stated that he would bring a pilot program back to the next CRA meeting on May 10, 2022, possibly in the Main Street area with hanging baskets that had real plants.  This item would also be reconsidered at the next regular City Council meeting on May 10, 2022.

Motion: Member Nelson moved to table Item 8C - Hanging Basket & Artificial Plants Contract Award to the City Council meeting on May 10, 2022. Member Robinson seconded the motion. The roll call vote was:

                                    Member Nelson                      Yes

       Mayor Diesel                          Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

The motion carried unanimously.

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Motion: Member Nelson moved to approve Consent Agenda items A, B, and E, in accordance with recommendations. Member Robinson seconded the motion. The roll call vote was:

                                    Mayor Diesel                          Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

       Member Nelson                      Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Ordinance No. 10-2022 - Urban Village (UV) Zoning Height - City Attorney Broome read Ordinance No. 10-2022 amending the Code of Ordinances Chapter 28 "Zoning" to amend the Urban Village (UV) zoning district and height requirements to permit additional height with incentives by amending Section 28-106 "Buildings over 60 feet in height, but not to exceed 100 feet" and Section 28-328 "Urban Village (UV)"; providing for severability, repeals of conflicting ordinances, an effective date and incorporation into the Code. (This was the second reading and final public hearing.)

The Planning and Zoning Commission considered this ordinance on March 16, 2022 and unanimously (6:0) recommended approval of the ordinance, as presented.

At the March 22, 2022 City Council meeting, Council requested that the incentives be revised to be more specific. 

Member Stoeckel asked for clarification on the changes. Community Development Director Peggy Busacca clarified the changes that occurred in the ordinance including:

• The open space shall include an increase in tree canopy of two percent (2%) at maturity as calculated in Section 30-31.5, Canopy area requirements.
• The open space shall include an increase in tree canopy of two percent (2%) at maturity as calculated in Section 30-31.5, Canopy area requirements. In addition, each structure over sixty (60) feet shall provide two (2) electric vehicle charging stations.
• 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.
• The construction of three (3) permanent shade structures at least twelve (12) feet by twelve (12) feet in area. In addition, twenty-five percent (25%) of all overstory trees planted on site shall have a minimum caliper of 4 inches, and substitution of palms for overstory trees shall not be permitted.

The public hearing was opened.

Jessie Wright stated that the Planning and Zoning Commission unanimously approved the ordinance at their March 16, 2022 meeting. Mr. Wright distributed a map to council and stated that the project needed to be completed in three phases and included five parcels. Mr. Wright stated that he was not able to take away parking spaces or go above 25% open space, but was able to include two electric vehicle chargers per building and a shade study. 

Rodney Honeycutt expressed his support for the Titusville Resort and Destination Project and thanked staff for their support and assistance with the project. 

Ralph Brown stated that he was the civil engineer for the Titusville Resort and Destination Project and designed the site plan. Mr. Brown expressed his support for the project and explained that the new project would include storm water ponds that would improve the water quality of the Indian River Lagoon.

Bruce Hall stated that there were no buffers currently at the location and the Titusville Resort and Destination Project would create a ten or twenty foot buffer.

Lisa McCotter expressed her support for the Titusville Resort and Destination Project and stated that she was a neighbor to the project. Ms. McCotter thanked staff for the time that they put into the project and asked Council to approve Ordinance No. 10-2022. 

Howard Graham stated that he was in support of the Titusville Resort and Destination Project and the approval of Ordinance No. 10-2022.

Howard Graham Jr. stated the he lived right across the street from the site and expressed his support for the Titusville Resort and Destination Project and for the approval of Ordinance No. 10-2022. Mr. Graham stated that all of the amenities that were included in the plans would attract people to Titusville.

Stan Johnston stated that he was against the additional height added to Ordinance No. 10-2022. Mr. Johnston stated that more development was not needed for progress in the City. 

Toni Shifalo stated that she visited the office at the mall and viewed the plans, blue prints, and diagrams and expressed her concern for the ordinance because it applied to all three of the urban villages including the Kennedy Marina. Ms. Shifalo stated that Titusville needed to protect the river front land from high rises. 

Community Development Director Peggy Busacca stated that Ordinance No. 10-2022 did not apply to the Kennedy Marina, because it was not zoned Urban Village.

Liz Mikitarian stated that Titusville citizens and Council needed to look into the long-term planning of Titusville. Ms. Mikitarian expressed her support for the Titusville Resort and Destination Project and commended staff and the developer for working together. 

No one else wished to speak; therefore, the public hearing was closed.

Motion: Member Robinson moved to approve Ordinance No. 0-2022 Urban Village (UV) Zoning Height. Member Nelson seconded the motion.

Member Stoeckel asked for clarification on the Titusville Resort and Destination Project; specifically, if it still required a conditional use permit. Community Development Director Peggy Busacca stated that three buildings were proposed to be built above sixty feet and it would come back to Council through the public hearing process.

Council added additional language to Section 28-106(c)(2)(d) in the motion. It will read as follows:  The construction of three (3) permanent free-standing shade structures at least twelve (12) feet by twelve (12) feet in area.  In addition, twenty-five percent (25%) of all overstory trees planted on site shall have a minimum caliper of 4 inches, and substitution of palms for overstory trees shall not be permitted.

The roll call vote was:

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

       Member Nelson                      Yes

       Mayor Diesel                          Yes

The motion carried unanimously.

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Ordinance No 11-2022 - Amending Requirements for Comprehensive Plan Amendments - Wetlands - City Attorney Broome read Ordinance No. 11-2022 amending the Code of Ordinances relating to wetland surveys required for comprehensive plan amendment applications specifically amending the "Development Review Procedures Manual", Section 4.1.11 "Comprehensive plan

amendments, application submittal requirements"; providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code. (This was the second reading and public hearing.)

The Titusville Environmental Commission considered this ordinance on March 9, 2022 and unanimously (5:0) recommended approval of the ordinance with the following change to language in 4.1.11 "In the absence of an appropriate regulatory agency, the owner contracts with a qualified wetlands specialist or environmental scientist to allow for a wetlands survey that was based upon a delineation utilizing F.A.C. Ch. 62-340."

The Planning and Zoning Commission considered this ordinance on March 16, 2022 and unanimously (6:0) recommended approval of the ordinance with the Titusville Environmental Commission's recommendation, which was to change the language in Section 4.1.11 to say "In the absence of an appropriate regulatory agency the owner contracts with a qualified wetlands specialist or environmental scientist to allow for a wetlands survey that was based upon a delineation utilizing F.A.C. Ch. 62- 340."

City Manager Larese advised that this was the second reading and final public hearing. 

Community Development Director Peggy Busacca discussed the requirements for someone to be considered a wetlands specialist or environmental scientist with Council.

The public hearing was opened.

Stan Johnston stated that during engineering school, he learned that an act was ethical based upon its consequences, and that he did not know what the consequences of the wording for Ordinance No. 11-2022 - Amending Requirements for Comprehensive Plan Amendments – Wetlands. Mr. Johnston stated that he completed a wetland survey once, but never submitted it. Mr. Johnston also discussed lining in sewer pipes and stated that the lining would allow water to leak out causing more wetlands and flooding. 

No one else wished to speak; therefore, the public hearing was closed.

Motion:  Member Robinson moved to approve Ordinance No. 11-2022 - Amending Requirements for Comprehensive Plan Amendments – Wetlands, as recommended by staff. No changed were made to the ordinance presented in the agenda packet. Member Stoeckel seconded the motion. The roll call vote was:

                             Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Member Stoeckel                    Yes

The motion carried unanimously.

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Ordinance No. 13-2022 Marinas and Yacht Basin - City Attorney Broome read Ordinance No. 13-2022 amending the Code of Ordinances related to marinas by amending Sections 28-54 “Use table” and 28-143 “Marina and yacht basin“ to establish marinas and yacht basins as a limited use in the Downtown Mixed Use Uptown and Civic Waterfront sub-districts, and to require appropriate sewage pump-out facilities in marinas servicing boats with on-board facilities, and amending Section 28-324 “Downtown Mixed-Use (DMU) Smart Code” to remove residential mixed-use requirement for marinas; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This was the first of two required public hearings. The second public hearing was scheduled to be conducted by the City Council on April 26, 2022 beginning at 6:30 PM.) 

The Planning and Zoning Commission considered this ordinance during their meeting on April 6, 2022 and recommended approval, as presented, 7-0.

The public hearing was opened.  No one wished to speak; therefore, the public hearing was closed.

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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 was the first of two required public hearings. The second public hearing was scheduled to be conducted by City Council on April 26, 2022 at 6:30 PM.)

The Planning and Zoning Commission considered this ordinance on April 6, 2022 and recommended approval, striking prohibition on RVs, 7-0.

Community Development Director Peggy Busacca stated that this item was supposed to be on the CRA agenda, and requested that council table the final public hearing at the April 26, 2022 regular City Council meeting to allow the CRA to make their recommendations.

The public hearing was opened.  No one wished to speak; therefore, the public hearing was closed.

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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.

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Conditional Use Permit (CUP) No. 2-2022 Independence Recycling – City Manager Larese advised that the request was to conduct a public hearing on Conditional Use Permit No. 2-2022 to operate a concrete recycling facility at 84 Golden Knights Boulevard. (This was a quasi-judicial item.)

The Planning and Zoning Commission considered this request at their April 6, 2022 meeting and recommended approval, 4-2, with staff's conditions and the following four additional conditions: (1) The stock pile areas be treated as impervious surface for stormwater calculations; (2) A 50-foot tree preservation buffer be in the front along Golden Knight Blvd be required, but a reduction on the north and west buffers to 25 feet; (3) The quarterly report for testing be shared with the City of Titusville every quarter; and (4) The emergency response procedures be reviewed and approved by staff during the site plan review process. 

One member of the Planning and Zoning Commission voted no because this location was too close to the Indian River Lagoon. One member of the Planning and Zoning Commission voted no because of the location and concerns with chemicals and runoff.

Community Development Director Peggy Busacca distributed a site plan to council that was provided to staff after the agenda was published. Staff reviewed the CUP and found that it was in compliance with the industrial site location, but staff had concerns related to noise and future land use element policy 1.8.5 regarding the compatibility with the surrounding properties being limited based on intensity of use, hours or operation, and other nuisance factors. 

The recommended conditions of approval are:

1. Type D (Min. 30 feet) buffer yards are required along all property boundaries

2. At a minimum, a 6-foot tall opaque fence was required along Golden Knights Blvd.

3. A water-based dust suppression system was required on-site

4. Submit a sound study or similar evidence of the facility’s ability to operate in compliance with Sec. 13-102 (65 dBA) prior to issuance of a site development permit

Member Robinson asked how many of these plants were in the United States, because he knows they were in other countries with more pollution. Member Robinson stated that he wanted to learn more about these plants prior to making a decision.

Member Nelson stated that she received an email about a concrete recycling facility in Gainesville, Florida that had a lot of problems. Member Nelson requested more information and wanted the Conditional Use Permit to be reviewed by the Titusville Environmental Commission prior to Council making a final decision. 

City Attorney Broome stated that if Member Nelson received emails regarding the CUP, they needed to be disclosed to the applicant and become part of the public record. 

Member Stoeckel stated that she received emails from Kay St. Onge and Laura Losey.

The public hearing was opened.

John Zemball from Zann Engineering spoke on behalf of the applicant. Mr. Zemball thanked staff and the Planning and Zoning Commission for working with them on the project. Mr. Zemball stated that this was an opportunity for Titusville to begin recycling items that would normally go in the landfill, etc.  Mr. Zemball stated that the closest concrete recycling facility was thirty miles away and with the rising fuel cost and dump fees, people would rather take it to the dump instead of the recycling plant. Independence Recycling has been in business for 25 years and they operate eight plants throughout Florida with no failures, refusals, or citations at any of the plants.  

Toni Shifalo stated that the concrete dust from this plant would eventually end up in the Indian River Lagoon. Ms. Shifalo stated that at the Planning and Zoning meeting, the applicant estimated a minimum of fifty trucks per day, which would cause a traffic hazard as well as dust pollution coming off the trucks. Ms. Shifalo asked why this went to the Planning and Zoning Commission, but not the Titusville Environmental Commission. 

Nayra Atiya stated that the concrete recycling plant would be within one mile of homes, hotels, the Enchanted Forest, an airport, and about 400 yards from the Indian River Lagoon. Ms. Atiya stated that the noise pollution from the plant would cause psychological and physical harm to those within the parameters. 

Susan Schricker provided a packet to Council that included a picture of a plant printed off the company’s website, a picture of the public hearing signs and maps of the surrounding areas of the plant. Ms. Schricker stated that the only notice she received was the public hearing sign on the proposed property and that she did not receive any notice in her mail. Ms. Schricker stated that the surrounding area was growing with a new hotel, school, church, and airport as well as a new space tourism company. She stated that the eight other locations were located in industrial zones, not near homes or the entrance of Titusville. 

John Stanton stated that he did not receive any notification of the public hearing for this project until April 12, 2022 at 3:00 p.m. Mr. Stanton stated that he was a retired dentist who worked in Titusville for thirty-five years. Mr. Stanton stated that there was an elevation toward the TICO airport on Golden Knights Boulevard, which would cause the stormwater to flow down that road straight toward his home. 

Carol Stanton stated that the concrete plant would affect the value of her home and other homes in the area. Ms. Stanton stated that she saw wildlife every day at her home and it was very private, quiet, and peaceful and she does not want the concrete plant to change the area. Ms. Stanton also stated her concern for the health problems caused by the dust. 

Michael Myjak stated that he was a member of the Titusville Environmental Commission and they never reviewed CUP No. 2-2022. Mr. Myjak discussed the biproducts of crushed concrete, and stated that the dust caused by this would cause health issues such as cystic fibrosis and lung cancer. 

Laurilee Thompson stated that the near by residents were not aware of the proposed concrete plant and she also commented on the future homeowners of the Verona and Tranquility Bay Subdivisions. Ms. Thompson stated her concern for the health problems that the concrete plant would cause for children. Other communities passed legislation to keep concrete crushing facilities from being located near parks and residential areas. 

Kathleen Perez stated that she had the same concerns as the others that spoke before her including that the Titusville Environmental Commission did not review the project. Ms. Perez stated that smashing concrete was not recycling it. 

Nathan Slusher discussed the four conditions that were proposed by staff and the Planning and Zoning Commission. Mr. Slusher asked if the City required these same conditions for the other recycling plant in town, including a quarterly report. 

John Zemball from Zann Engineering spoke on behalf of the applicant. Mr. Zemball stated that they appreciated the concern and said that the company was aware and on board for maintaining the environment and having good, clean living conditions. Mr. Zemball stated the property was zoned industrial and the Conditional Use Permit added conditions for this specific project. Mr. Zemball state that the plant would collect the concrete and only crush concrete two to three times a year when the special piece of mobile equipment was brought in that crushes the concrete. 

Greg Moro stated that he had been in the concrete recycling business in Florida for twenty-five years and also in Ohio. Mr. Moro stated that the picture that was distributed by Susan Schricker was the Orlando Facility, which was a full time permanent concrete crushing facility that crushed concrete five days a week, with no complaints of dust or other problems mentioned. The plant being proposed for Titusville was a relocatable unit.

No one else wished to speak; therefore, the public hearing was closed.

Motion: Member Nelson moved to table Conditional Use Permit (CUP) No. 2-2022 Independence Recycling to the regular City Council meeting on June 14, 2022 to allow this item to be reviewed by the Titusville Environmental Commission. Member Stoeckel seconded the motion. The roll call vote was:

       Mayor Diesel                          Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

       Member Nelson                      Yes

The motion carried unanimously.

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Mayor Diesel called for a break at 10:08 p.m. and the meeting reconvened at 10:15 p.m.

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ORDINANCES-FIRST READING 

Small Scale Comprehensive Plan Amendment with Rezoning (SSA) No. 2-2020 - The Cottages – City Manager Larese advised the request was to conduct the first reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA No. 2-2020): Ordinance No. 15-2022 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 designation for approximately 9.7 acres of land located at the southwest corner of Highway U.S. 1 and the Dairy Road intersection with parcel id number 21-35-28-00-279, from the Commercial High Intensity future land use designation to the Residential Medium Density future land use designation; and

Ordinance No. 16-2022 amending the zoning map made a part of said ordinance by reference by changing the zoning classification of approximately 15 acres of land located at the southwest corner of the Highway U.S. 1 and Dairy Road intersection with parcel id number 21-35-28-00-279, from the Community Commercial (CC) zoning classification to the Planned Development (PD) zoning classification.

The land use amendment was a legislative item and the rezoning was a quasi-judicial item. This was the first reading. The second reading and public hearing was scheduled to be heard by the City Council on April 26, 2022 beginning at 6:30 p.m.

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on April 6, 2022 and tabled until their regular meeting on April 20, 2022.

Toni Shifalo stated that she attended the community meeting for this development at the LaCita Country Club, but stated that the residents were concerned about the zoning change because generations of families have lived there for many years. Ms. Shifalo stated that this land was going from one resident per five acres to ninety-seven (97) duplex units.

Member Stoeckel asked for clarification if this amendment was requesting changing from Commercial High Intensity to Medium Density Residential, and asked what was allowed in Commercial High Intensity. 

Community Development Director Peggy Busacca stated that the future land use was Commercial High Intensity and the zoning was Community Commercial, which included retail, offices, and doctor offices, etc.  Community Development Director Peggy Busacca stated that she believed the applicant was still making modifications to the plan.

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Voluntary Annexation Application No. 1-2022 and Small Scale Comprehensive Plan Amendment (SSA) Application No. 1-2022 for Correll Palms – City Manager advised that this item was withdrawn by the applicant as stated earlier in the meeting.

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Small Scale Comprehensive Plan Amendment (SSA) No. 2-2022 Sisson Townhomes - City Manager Larese advised the request was to conduct the first reading of Ordinance No. 19-2022 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 11.82 acres +/- of property located west of Sisson Road, parcel I.D. number 22-35-27-AV-*-106, from the Medium Density Residential future land use to the High Density Residential future land use designation; and providing for an effective date; and

Ordinance No. 20-2022 amending Ordinance No. 05-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Multifamily Medium Density Residential (R-2) to the Multifamily High Density Residential (R-3) zoning district on approximately 11.82 acres +/- of property located west of Sisson Road, parcel I.D. number 22- 35-27-AV-*-106; and providing for an effective date.

The land use amendment was legislative and the rezoning was a quasi-judicial item.

This was the first reading.   The public hearing was scheduled for the regular City Council meeting on April 26, 2022 at 6:30 p.m.

The Planning and Zoning Commission considered this item on April 6, 2022 and recommended approval of the FLUM ordinance 6-1 and rezoning with concept plan and max 91 units, 7-0. One member voted against the FLUM ordinance due to potential impact to wellfield and based on staff's recommendation.

Member Robinson asked staff about the traffic. Community Development Director Peggy Busacca stated that she would talk to the traffic engineer and provide more information to council. 

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OLD BUSINESS – None.

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NEW BUSINESS

Ad Valorem Tax Abatement for Tax Year 2021 – Barn Light Electric Company - City Manager Larese advised the request was to approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 for Barn Light Electric Company.

Ordinance No. 19-2013 granted an ad valorem tax abatement of 85 percent for a duration of eight years to Barn Light Electric Company based on the company's 2013 projections. As set forth in Section 1(c) of the Ordinance, 2021 was the eighth and final year that Barn Light Electric Company was eligible to receive the AVT exemption. Continuation of the Ordinance was therefore not required.

Motion: Member Nelson moved to approve Ad Valorem Tax Abatement for Tax Year 2021 – Barn Light Electric Company, as recommended.  Member Robinson seconded the motion. The roll call vote was:

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

       Member Nelson                      Yes

        Mayor Diesel                          Yes

The motion carried unanimously.

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Ad Valorem Tax Abatement for Tax Year 2021 – Brix Project Brewery LLC - City Manager Larese advised the request was to approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 and continuation of Ordinance No. 27-2015 for Brix Project Brewery LLC at 100 percent.

Motion: Member Nelson moved to approve Ad Valorem Tax Abatement for Tax Year 2021 – Brix Project Brewery LLC, as recommended.  Member Robinson seconded the motion. The roll call vote was:

                                    Member Robinson                  Yes

       Member Nelson                      Yes

       Mayor Diesel                          Yes

                                    Member Stoeckel                    Yes

The motion carried unanimously.

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Ad Valorem Tax Abatement for Tax Year 2021 – Eckler Industries - City Manager Larese advised the request was to approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 and continuation of Ordinance No. 18-2013 for Eckler Industries Inc. at 90 percent.

Ordinance No. 27-2015 granted an ad valorem tax abatement of 100 percent for a duration of eight years to Brix Project Brewery LLC based on its 2015 projections. Section 19-105 of the Titusville Code of Ordinances requires the Titusville City Council to determine whether a company’s ad valorem tax abatement should be continued or terminated, based upon tax-year information that was contained in the business’s mandatory annual report.

Motion: Member Nelson moved to approve Ad Valorem Tax Abatement for Tax Year 2021 - Eckler Industries, as recommended.  Member Robinson seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

                             Member Stoeckel                    Yes

Member Robinson                  Yes

The motion carried unanimously.

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Ad Valorem Tax Abatement for Tax Year 2021 – Professional Aircraft Accessories - City Manager Larese advised the request was to approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 for Professional Aircraft Accessories at 100 percent.

Ordinance No. 5-2011 granted an ad valorem tax abatement of 100 percent for a duration of 10 years to Professional Aircraft Accessories (PAA) based on its 2011 projections. As set forth in Section 1(c) of Ordinance No. 5-2011, 2021 was the tenth and final year that PAA was eligible to receive the AVT exemption. Continuation of the Ordinance was not required.

Motion: Member Nelson moved to approve Ad Valorem Tax Abatement for Tax Year 2021 - Professional Aircraft Accessories, as recommended.   Member Robinson seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

                             Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Yes

The motion carried unanimously.

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Ad Valorem Tax Abatement for Tax Year 2021 – Paragon Plastics - City Manager Larese advised the request was to approve the Economic Development Ad Valorem Tax Exemption for tax year 2021 and continuation of Ordinance No. 23-2015 for Paragon Plastics at 60 percent.

Ordinance No. 23-2015 granted an ad valorem tax abatement of 60 percent for a duration of six years to Paragon Plastics based on its 2015 projections. Section 19-105 of the Titusville Code of Ordinances requires the Titusville City Council to determine whether a company’s ad valorem tax abatement should be continued or terminated, based upon tax-year information that was contained in the business’s statutorily required annual report.

Motion: Member Nelson moved to approve Ad Valorem Tax Abatement for Tax Year 2021 - Paragon Plastics, as recommended.  Member Robinson seconded the motion. The roll call vote was:

                             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) – None. 

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MAYOR AND COUNCIL REPORTS

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

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Council Reports - None. 

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

City Manager Larese recommended that Item 8D - Fiscal Year 2021 Annual Report for the City of Titusville Community Redevelopment Agency be tabled to the regular City Council meeting on April 26, 2022 at 6:30 p.m. to allow additional time for staff to respond to member Robinson’s question. 

Motion: Member Nelson moved to table item 8D - Fiscal Year 2021 Annual Report for the City of Titusville Community Redevelopment Agency to the regular City Council meeting on April 26, 2022 at 6:30 p.m. Member Robinson seconded the motion.

The motion carried unanimously. 

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City Manager Larese provided the primary and secondary dates that staff proposed for the budget hearings and budget workshop.

Council scheduled the FY 23 Budget Workshop and Public Hearings Dates:  Budget Workshop – Tuesday, August 16, 2022 at 5:00 p.m.; First Public Hearing – Wednesday, September 14, 2022 at 5:30 p.m.; Second and Final Public Hearing – Thursday, September 22, 2022 at 5:30 p.m.

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City Attorneys Report – None. 

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With no further business to discuss, the meeting adjourned at 10:48 p.m.