Regular City Council - December 13, 2022

City Council

Regular Meeting

December 13, 2022

The City of Titusville City Council met in regular session on Tuesday, December 13, 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, Vice-Mayor Joe C. Robinson. and City Council Members Herman Cole, Jr. Col USAF Retired, Jo Lynn Nelson, 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. 

                                                                                                    xxx              

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. 

xxx

APPROVAL OF MINUTES 

Motion: Member Nelson moved to approve the minutes of the regular City Council Meetings on November 22, 2022 (6:30 p.m.) and Special City Council meetings on November 22, 2022 (10:30 a.m. Last Regular Meeting) and November 22, 2022 (11:00 a.m. – Organizational Meeting), as submitted. Member Cole seconded the motion.

The motion carried unanimously. 

xxx

City Manager Larese stated that the applicant requested council tabled Item 10B - Small Scale Comprehensive Plan Amendment (SSA) Application No. 7-2022 with Annexation, Diamond Oaks, to the regular City Council meeting on January 10, 2022 at 6:30 p.m.

Motion: Member Nelson moved to table Item 10B - Small Scale Comprehensive Plan Amendment (SSA) Application No. 7-2022 with Annexation, Diamond Oaks, to the regular City Council meeting on January 10, 2022 at 6:30 p.m. Member Cole seconded the motion.

The motion carried unanimously.

xxx

SPECIAL RECOGNITIONS & PRESENTATIONS –

Presentation of the Titusville/Farmton (TIFA), LLC FY 2023 Budget and FY 2024 Pro Forma Projections – City Manager Larese advised that there would be a presentation of the Titusville/Farmton (TIFA), LLC FY 2023 Budget and FY 2024 Pro Forma Projections. No action was requested.

Water Resources Director Sean Stauffer and the City’s Representative for the TIFA Board, Jim Ball, presented a powerpoint. The presentation highlighted as follows:

• Area IV Well Field
• Pre-Area IV
• Surficial Aquifer
• Problem
• New Water Sources
• Study Findings
• TIFA LLC
• Budget Drivers
• Water Rate Projections
• Questions

xxx

BOARDS AND COMMISSIONS – None.

xxx

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

Stan Johnston stated that on Friday, December 23, 2022, Park Avenue Baptist Church was holding three Christmas services and he invited the City Council to attend. Mr. Johnston also discussed an email he sent to council, etc. 

xxx

Rodney Honeycutt, representing the property owner of 1012 South Hopkins Avenue, requested staff review the Land Development Regulations to consider amending the outdoor storage requirements to allow RV servicing up to 60 days. He advised that his client only wants to have RVs and Boats on the property.  He requested staff bring back some recommendations to Council that can assist his client.  Council did not support an advisability to prepare an ordinance change at this time; however, the Council did support Mr. Honeycutt’s request to bring back additional information.  

xxx

Member Nelson expressed concern of condominium developments forbidding individuals from charging their vehicles.  Member Nelson commented on a discussion she had with an individual that advised that Orange County or Orlando changed their codes/LDRs through an ordinance, as it relates to this issue.  Council did not have any objection of staff reviewing the ordinance prepared by Orange County or Orlando.

xxx

CONSENT AGENDA

City Clerk Wanda Wells advised that there were seven cards submitted from one individual and one card submitted from another individual.

City Manager Larese read Consent Agenda items A, B, C, D, E, F,G, H, I, J, K and L, as followed:

Nathan Slusher asked council what the amount was for the Titusville/Farmton (TIFA), LLC FY 2023 Budget. 

Water Resources Director Sean Stauffer stated that the proposed rate was $1.16 per thousand gallons and the budget the City had was $1.2 million, but the expected cost was $1,159,915.00. 

Stan Johnston stated that he was in support of Item 8E and 8F, but was not in support of Item 8G, 8H, 8K and 8L. Mr. Johnston discussed a water leak at the intersection of Beatrice Street and Sherry Street. Mr. Johnston discussed the City of Titusville’s per fluorinated alkylated substances (PFAS) testing and the sewage leak that occurred in December 2020, etc. 

Motion: Member Nelson moved to approve Consent Agenda items A, B, C, D, E, F, G, H, I, J, K and L in accordance with recommendations. Member Cole seconded the motion. The roll call vote was:

                                    Member Cole                          Yes

       Member Nelson                      Yes

       Mayor Diesel                          Yes

       Vice-Mayor Robinson            Yes

                                    Member Stoeckel                    Yes

The motion carried unanimously.

xxx

ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION 

Ordinance No. 38-2022 - Site Development Permit Expiration – City Attorney Broome read Ordinance No. 38-2022 amending the Land Development Regulations relating to subdivision and site plan timeframes; specifically amending Section 34-161 “Definition”, Section 34-172 “Procedure” and Section 34-217 “Timeframes” to extend the timeframe for submittal of a preliminary plat, final plat and site plan; providing for severability, and repeal of conflicting ordinances; an effective date; and incorporation into the code.

The Planning and Zoning Commission approved with the following amendments: A three-year expiration plus two-year extension by City Council and all construction details to be followed at the time of permitting, 7-0.

On October 11, 2022, the City Council directed staff to reassess the time extensions for site development permits and make a recommendation to City Council. Staff prepared an ordinance based on their discussions and direction.

Currently, a Class II Site Plan was required for new development such as a commercial center or multifamily apartment complex and with the creation of a new subdivision. Section 34-217 of the Code stated that a site plan approval was valid for 12 months, during which time a building permit

must be applied for and at which time the timeframes of the building permit(s) shall govern.

Subdivisions were specifically required to submit a Sketch Plat for approval by the City Council with recommendation from the Planning and Zoning Commission. Upon approval by Council, the subdivider had one year to apply for a preliminary plat [Sec 34-161]. A preliminary plat required the submittal consistent with that of a site plan. Further, the subdivider had one year to obtain final plat approval from the date of preliminary plat approval [Sec 34-172]. The subdivider may, prior to expiration of the preliminary plat, make application for an extension of time to file for final plat approval. Extensions may be granted administratively up to two (2) years or by Council for an additional two (2) years. The Code further stated that no extensions (from the Administrator and City Council) would be granted beyond a total of four (4) years. 

The proposed ordinance automatically extends the expiration date of site development permits to 2-years with the possibility of an additional extension by City Council.

Community Development Director Brad Parrish stated that the time extension would benefit both the City and developers. 

Stan Johnson stated that he was in support of this item, but it should have been updated a long time ago.

Motion: Member Nelson moved to approve Ordinance No. 38-2022 - Site Development Permit Expiration, as recommended by staff. The approval did not include the recommendation of the Planning and Zoning Commission to the City Council. Member Cole seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously.

xxx

Ordinance No. 39-2022 - Comprehensive Plan Capital Improvement Element Annual Update – City Attorney Broome read Ordinance No. 39-2022 to update the Five-Year Capital Improvements Schedule of the Comprehensive Plan of the City of Titusville for the 2023 - 2027 horizon relating to the Capital Improvement Element; and providing for an effective date.

The Planning and Zoning Commission recommended approval, 7-0.

All local governments were required to include a CIE in the Comprehensive Plan that considers the need for and location of public facilities and provides "a component that outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component that outlines principles for correcting existing public facility deficiencies, which were necessary to implement the comprehensive plan." This includes Brevard County School District's most recent Facilities Work Program. The planning period for this element was five (5) years.

Community Development Director Brad Parrish made corrections on pages 177 & 185 of the agenda packet:  Page 177 – Total Cost for Five Year Schedule of Capital Improvements for Sanitary Sewer was $44,154,295 and Page 185 – Total Cost for Five Year Schedule of Capital Improvements for Solid Waste was $368,000.   

Stan Johnston stated that he was not in support of this item. Mr. Johnston stated that he did not support the City of Titusville’s stormwater management plan.

Motion: Member Nelson moved to approve Ordinance No. 39-2022 - Comprehensive Plan Capital Improvement Element Annual Update, as recommended by staff (with correction by staff) and the Planning and Zoning Commission.  Member Cole seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

The motion carried unanimously.

xxx

City Attorney Broome read and reviewed the Quasi-judicial Rules of Procedure.

Rezoning Application (REZ) No. 2-2022 Skyline – City Attorney Broome read Ordinance No. 40-2022 amending Ordinance No. 5-1993 for the City of Titusville, Florida by amending the zoning map made a part of said ordinance by reference by also amending Ordinance No. 30-2004 by amending the Residential Density for parcels located on the South side of Parrish Road and on the West side of North Singleton Avenue, approximately 74 acres in size, having parcel id numbers 21-35-19-00-750 & 21-35-19-00-751.

The Planning and Zoning Commission recommended approval, 7-0.

The applicant Victor M. Watson, on behalf of the owner of Skyline Real Estate Properties, LLC, owner of Parcel No. 21-35-19-00-751, requested to rezone parcels located at the southwest corner of the Parrish Road and North Singleton Avenue intersection. The applicant was specifically requesting removing the residential density cap on 74 acres with Brevard County Parcel Numbers 21-35-19-00-750 and 21-35-19-00-751 and that a residential density cap of 65 units be imposed only on Parcel No. 21-35-19-00-750. The parcels were zoned Single-Family Medium Density (R-1B) Open Space and Recreation (OR). The two parcels total approximately 74 acres.

The owner of the adjacent property submitted an affidavit indicating no objection to the request

to amend the residential density condition in Ordinance 30-2004.

Community Development Director Brad Parrish made a correction to the staff report that it should read removing the residential density cap of 73 units, not 74 acres. 

Member Stoeckel asked for clarification that they were not voting on the zoning, but the density cap on the property. Community Development Director Brad Parrish stated that the comprehensive plan and the City code regulated the maximum density on the west and the zoning was staying the same.

Vice-Mayor Robinson stated that the adjacent property owner had no objection to this, but in the future, was it possible to cause any problems for the City. Community Development Director Brad Parrish stated that the current or subsequent property owners could petition to rezone these parcels in the future, but it would be evaluated through the public hearing process. 

Member Nelson asked how many houses could potentially be built on the east half of the property. Community Development Director Brad Parrish stated that based on the current zoning of the ordinance, it did not prescribe how the density should be allocated. The max potential was 110 residential units based off staff’s review and assessment. 

The applicant Victor M. Watson represented Skyline Real Estate Properties, LLC. Mr. Watson stated that after the property was annexed and it was divided and the owner of the east parcel continued to work with the City to create a proposed plat, until a recession hit and all progress stopped. Mr. Watson stated that they were not trying to increase the density or change the boundary lines of the zoning, only removing the residential density cap of 73 units from the ordinance that was created in 2004. 

Tim Coleman stated that he was not in support of this item and the main issue he had was with stormwater runoff. Mr. Coleman stated that he lived in section seven of the Westwood Subdivision and after hurricane Irma in 2017, there was standing water in the roads for about a week and a half. There was a ditch on the southside going toward singleton and teed off into another ditch into the east side property that was being discussed. Mr. Coleman stated that his concern was how the stormwater would be stored and handled.

Community Development Director Brad Parrish stated that the draining concerns would be addressed with the site plan review.

Don Meloy stated that he was not in support of this item. Mr. Meloy stated that part of the plot was designated as wetlands and there should be a site plan submitted with the rezoning application, instead of waiting for the unintended consequences. Mr. Meloy stated that he was concerned with the stormwater draining, water sources and surrounding infrastructure of this property with potential development. Mr. Meloy also expressed his concern for the wildlife on the property.

Dara Outerino stated that she was not notified of the December 7^th Planning and Zoning Commission meeting. Ms. Outerino expressed her concern with the potential rezoning and if the density cap was lifted. Ms. Outerino asked council to table the item until the community had more information and stated that she submitted a petition from her community with about 200 signatures opposing the development. 

Ramon Rivera stated that it took almost three months to get a septic tank permitted and it concerned him that the community was only aware of this project three weeks ago. Mr. Rivera stated that he was informed that it was tabled by the planning and zoning commission, but not notified when it would be heard again. Mr. Rivera stated that he was not in support of this project because of the negative impact it would have on surrounding areas with flooding and stormwater off of Parrish Road. 

Stan Johnston discussed the Stormwater Master Plan of Titusville and stated that this property was supposed to drain toward the Saint Johns River, but instead, it was draining the opposite direction. Mr. Johnston stated that the Stormwater Master Plan was not followed in that surrounding area. 

xxx

Mayor Diesel called for a recess from 8:25 p.m. to 8:30 p.m. 

xxx

Member Nelson stated that she spoke to an engineer who previously worked for the City of Titusville and he explained to her that stormwater was an issue with the old subdivision, but with new techniques, the new subdivisions were able to handle stormwater more efficiently.    

The applicant, Victor M. Watson, stated that they were still in the beginning stages of development and a site plan that was consistent with the Cities land development regulations would be required. Mr. Watson reviewed the staff report and requirements that would happen in later stages of the development. 

Community Development Director Brad Parrish stated that the next step was a site plan that required a sketch plat that had to be presented to the Planning and Zoning Commission and City Council for their approval. Community Development Director Brad Parrish stated that this property was in the area of critical concern (ACC), which required each lot to be a minimum of 10,000 square feet or they could use the conservation subdivision design tool that required half the property to be open space and the other half can have any size lot.

Motion: Member Nelson moved to approve Rezoning Application (REZ) No. 2-2022 Skyline, as recommended by the staff (with correction by staff) and the Planning and Zoning Commission.  Member Stoeckel seconded the motion. The roll call vote was:

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously.

xxx

ORDINANCES-FIRST READING – 

Ordinance No. 4-2023 - Amending the Code of Ordinances, Section 2-29, 2-87, and 2-181 – City Attorney Broome read Ordinance No. 4-2023 amending Chapter 2, Administration, Article II, City Council, Section 2-29, Execution of certain legal instruments, amending Article IV, Officers and Employees, Section 2-87, Budget preparation and administration, amending Article V, Financial Matters, Division 2, Local Preference Purchasing, Section 2-181, Purchases restricted, to clarify and provide uniform language, granting additional authority to the City Manager, and increase the bidding threshold.

This was the first reading. The second reading and public hearing was scheduled for the regular City Council meeting on January 10, 2023 at 6:30 p.m.

Stan Johnston commented on this item and expressed concern.

xxx

Small Scale Comprehensive Plan Amendment (SSA) Application No. 7-2022 with Annexation, Diamond Oaks – Ordinance No. 1-2023 amending Section 7, Chapter 63-2001, Laws of Florida, Special Acts of 1963, by annexing certain property located at 3080 Diamond Rd, having Brevard County Parcel I.D. No. 21-35-29-00-253 to be included within the city limits;

and

Ordinance 2-2023 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 4.63 acres of property located at 3080 Diamond Rd, having Brevard County Parcel I.D. No. 21-35-29-00-253, from Residential-4 future land use (Brevard County) designation to Medium Density Residential future land use

designation;

and

Ordinance No. 3-2023 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 Residential, RU-1-11 (Brevard County) zoning district to the Single-Family High Density (R-1C) zoning district on approximately 4.63 acres of property located at 3080 diamond

road.

The Planning and Zoning Commission, acting as the Local Planning Agency, recommended denial of all three ordinances, 7-0.

This was the first reading. The second reading and public hearing was scheduled for the regular City Council meeting on January 10, 2023 at 6:30 p.m.

City Council tabled the first reading of Small Scale Comprehensive Plan Amendment Application No. 7-2022 and related ordinances to the regular City Council meeting on January 10, 2023 at 6:30 p.m. earlier in the meeting.

xxx

OLD BUSINESS – None. 

xxx

NEW BUSINESS – 

Adoption of SHIP Housing Incentive Plan 2023 – City Manager Larese advised that the request was to approve the Affordable Housing Advisory Committee (AHAC) 2023 SHIP Housing Incentive Plan, for affordable housing.

The purpose of the AHAC was to review the City's policies and procedures, ordinances, land development regulations, and the comprehensive plan to develop a Housing Incentive Plan, which incorporates specific incentives and actions to encourage or facilitate the development of affordable housing while protecting the ability of the property to appreciate in value.

On November 2, 2022, the AHAC adopted the 2023 Housing Incentive Plan as written. A subsequent public hearing was held on November 16, 2022, at the Harry T. Moore Social Service Center, to receive public comments on the proposed Plan before adoption by City Council; no comments were received.

As required by Florida Statutes, a Housing Incentive Plan must be adopted by City Council and submitted to the Florida Housing Finance Corporation no later than December 30, 2022, or the City's SHIP program funds were subject to termination. City Council has the option of accepting, amending, or rejecting the AHAC's recommendations provided in the Incentive Plan. 

Two of the incentive strategies were required, by Statute, to be implemented: 1) Expedited Permitting, and 2) On-Going Review Process – the process of reviewing policies, ordinances, etc. that will impact the cost of housing. Any changes made by City Council at this meeting would be incorporated into the final Housing Incentive Plana before submittal to the State along with the amended LHAP, where required.

The Neighborhood Services Department prepared the Housing Incentive Plan for Council's consideration as drafted by the AHAC, and request Council's consideration on each incentive strategy recommended within the Plan. Council's actions would be noted in the Plan prior to submittal to the State.

Member Nelson asked if the Community Land Trust had been used in the past. Grants and Contracts Manager Tracy Davis stated that it was new to staff and it was mostly used by bigger Cities. 

Stan Johnston stated that he was in support of this item and the people who serve on the Affordable Housing Advisory Board. 

Motion: Member Nelson moved to approve the Affordable Housing Advisory Committee (AHAC) 2023 Housing Incentive Plan for affordable housing, as recommended.  Member Stoeckel seconded the motion. The roll call vote was:

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously.

xxx

Award of Contract for Bid No. 22-B-058 for Construction of the Indian River Sewage Force Main Project - City Manager Larese advised that the request was to approve award of a Contract for Bid No. 22-B-058 to Young's Communication, LLC of Melbourne, FL for construction of the Indian River Sewage Force Main Project in the amount of $8,931,860, approve the attached budget amendment recognizing the approved increase in the State Revolving Fund (SRF) Loan, and authorize the Mayor to execute the Contract upon review and final approval of City staff.

The Indian River Force Main Project would replace approximately 8,000 feet of the existing sewage force main from the South Street Lift Station to the Osprey Water Reclamation Facility with new 16-inch pipe. The piping along Indian River Avenue was constructed of thin walled PVC pipe, which has had many repairs. This project would also replace the section of pipe that failed during Christmas of 2020 and caused a sanitary sewer spill of over 7 million gallons. Replacing this pipeline not only prevents spills from aging infrastructure, but also eliminates the difficulty in finding replacement pipe and parts. Construction of this project was required through a consent order with DEP and must be completed by December 1, 2023.

Water Resources Director Sean Stauffer and Engineering Manager Ashleigh Smith highlighted the project. The project runs along Indian River Avenue from South Street to the North Wastewater Plant. 

Mayor Diesel asked what the bid process was for this project. Water Resources Director Sean Stauffer state that through the electronic system, over 530 vendors were notified, 43 obtained bid documents, but the City only received two sealed bids for 8.9 million and 9.4 million. 

Stan Johnston discussed the sewage spill that occurred in December 2020, etc. 

Motion: Member Nelson moved to approve award of a Contract for Bid No. 22-B-058 to Young's Communication, LLC of Melbourne, FL for construction of the Indian River Sewage Force Main Project in the amount of $8,931,860, approve the attached budget amendment recognizing the approved increase in the State Revolving Fund (SRF) Loan, and authorize the Mayor to execute the Contract upon review and final approval of City staff, as recommended. Member Stoeckel seconded the motion. The roll call vote was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously.

xxx

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

Nathen Slusher discussed an idea he had for a program that allowed business owners to maintain the landscaping of public parks and buildings on their own funding and in return, the City would allow them to put up a sign that it was maintained by their business for advertising purposes. 

Member Stoeckel suggested that Mr. Slusher reached out to Keep Brevard Beautiful (KBB) because they previously did a similar project. Mr. Slusher stated that KBB made these businesses pay for the signs and cost of cleaning. 

Member Nelson stated that she talked to Executive Director of KBB Bryan Bobbitt last year and he was working with Public Works Director Kevin Cook to discuss a project. 

xxx

Connie Milton stated that she owned multiple houses in Titusville and there was standing water after Hurricane Nicole in the roads that affected these homes. Ms. Milton discussed a water main break on Avilez Boulevard that occurred last year, as well as a water leak at her house and stated that the City Employees were very professional and had it fixed in 24 hours.   

xxx

MAYOR AND COUNCIL REPORTS

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

xxx

Mayor Diesel stated that he had the opportunity to speak at the Parrish Gift of Light and it was a great way to begin the holiday season. 

Mayor Diesel also attended the Titusville Christmas Parade and there were more people in attendance than previous years.

Mayor Diesel stated that he spoke at Harry T. Moore center on December 10^th and the president and CEO for the NAACP were in attendance.

xxx

Council Reports –

Member Stoeckel stated that the Florida League of Cities provided insurance to municipalities and they typically have around 175 claims per year, but after Hurricane Nicole, they had 2900 open claims and estimated $50 billion worth of damage and expected home owner’s insurance to go up 25% to 50%.

Member Stoeckel stated that at the next Space Coast League of Cities board meeting, she would be sworn in as the Treasurer.  

xxx

Vice-Mayor Robinson stated that he attended the League of Cities meeting, the North Brevard Economic Development Zone Board meeting, and did a prayer at the Harry T. Moore Center.

Vice-Mayor Robinson stated that he attended the Space Coast Transportation and Planning Organization meeting and he was elected as secretary to the board.

xxx

Member Nelson stated that she also attended the Parrish Gift of Light, went to the Harry T. Moore Center, and was in the Titusville Christmas Parade. 

xxx

Member Cole stated that he spent the last couple weeks going to orientations with different departments throughout the City and had a good experience with all departments. 

xxx

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

xxx

City Manager Larese stated that following the appointments of the City Council for the outside agencies made at the November 22, 2022 City Council meeting, the City was notified by the Space Coast League of Cities that Dr. Sarah Stoeckel was elected to serve as the 2023 Treasurer of the Space Coast League of Cities, which also puts her on the Executive Board next year and she was not able to serve as the City’s primary voting delegate and on the Executive Board; therefore, the City needed to make a new appointment to serve as the City’s primary voting delegate. 

Member Stoeckel stated that all council members were able to attend, but only the voting delegate was able to vote. 

Stan Johnston stated that he was not in support of this item. Mr. Johnston stated that council members were to busy and these things would distract them from City business.

Council came to a consensus that Mayor Daniel E. Diesel would serve as the current member (primary voting delegate) to the Space Coast League of Cities.

xxx

All remaining items were informational.

xxx

City Attorneys Report – 

Mediation Report setting forth the two (2) options for resolving the Wright Request for Relief – City Attorney Broome stated that the request was to consider the approval the Mediation Report setting forth the two (2) options for resolving the Wright Request for Relief. The City Council was not stating support for final approval of either the contraction request, zoning changes or City code changes, but was merely expressing approval or disapproval of the commencement of the options as proposed.

The owners proposed to file a petition to de-annex ten acres from the City of Titusville to Brevard County and asked if a petition was filed, would the City consider to expedite its review from six months to three months. If it was de-annexed, they would like the City to consider providing water to the property without an annexation requirement in the water service agreement. 

The second alternative proposed was to file an application to rezone .64-acre portion of the property from Community Commercial (CC) to Open Space and Recreation (OR) and asked the City to consider an expedited review of that process and asked the City Manager or Council as applicable to wave the review fees. 

Another proposal from the owners was for Community Redevelopment Director Brad Parrish to seek direction from the City Council to change the City code section to remove the CUP requirement for single family residents in the Open Space and Recreation (OR) zoning district and the Wetlands Conservation Area (WCA) at the January 10, 2023 regular City Council meeting. 

City Attorney Broome stated that Council was not approving any of these items, just approving the report which lays out that process.

Stan Johnston stated that he was in support of this item and wanted council to help the owners.

Connie Milton stated that she attended the meeting with the special magistrate regarding the property. Ms. Milton stated that she was in support of the second alternative to rezone .64-acre portion of the property from Community Commercial (CC) to Open Space and Recreation (OR). Ms. Milton also stated that she was in support of waiving the fees for the Wrights. 

Sandra Clinger stated that she was not comfortable with the City changing their policy’s for conditional use permits because it eliminated an opportunity for the public to have input. Ms. Clinger stated that there was a workable solution that did not require changing the City policy for one property. 

Motion: Member Nelson moved to approve the Mediation Report setting forth the two (2) options for resolving the Wright Request for Relief, as recommended. Member Cole seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously.

xxx

With no further business to discuss, the meeting adjourned at 10:08 p.m.