Regular City Council - August 8, 2023

City Council

Regular Meeting

August 8, 2023

The City of Titusville City Council met in regular session on Tuesday, August 8, 2023, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796.

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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. 

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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. City Attorney Richard Broome read the rules of decorum. 

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APPROVAL OF MINUTES –

Motion: Member Nelson moved to approve the minutes of the regular City Council meeting (Presentation Meeting) on July 25, 2023 (5:30 p.m.). Member Cole seconded the motion. The motion carried unanimously.

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City Manager Larese stated that Item 9D - Small Scale Comprehensive Plan Amendment (SSA) No. 6-2023 - 1625 Tropic Street was withdrawn by the applicant.

Motion: Member Nelson moved to withdraw Item 9D - Small Scale Comprehensive Plan Amendment (SSA) No. 6-2023 - 1625 Tropic Street, as requested by the applicant. Vice-Mayor Robinson seconded the motion. The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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BOARDS AND COMMISSIONS –

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

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

Dr. Kathleen O’Rourke requested to provide a presentation to City Council on data she received from a citizen survey on growth and development in Titusville.  Following the discussion, Mayor Diesel requested she contact the City to schedule an individual meeting with him to discuss the survey that was completed.

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Malinda and Andrew Villain expressed concern on a 20-foot-wide, City owned, dead end public right-of-way that runs along the length of their property located on Acorn Drive. Commercial vehicles are using this right-of-way and blocking the street and their driveway.  They requested the City add a weight and size restriction on the dead-end right-of-way.   They both have attended several previous meetings on the same subject.  Public Works Director Kevin Cook responded and provided an update on the City’s response to their concerns.

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Dan Lewis discussed the Live Local Act and how it could affect his neighborhood, Royal Oak Subdivision. Mr. Lewis expressed concern for the Royal Oak golf course property and potential zoning changes to the property in the future. Mr. Lewis stated that he helped Dr. Kathleen O’Rourke with the Citizen survey and he was looking forward to meeting with the Mayor to discuss the results.  

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Stan Johnston stated that when the property at Royal Oak Subdivision was for sale, he recommended the City of Titusville buy the property. Mr. Johnston also discussed a survey of S&J Oaks, etc.

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Stel Bailey, the Executive Director for Fight for Zero, commented on the concerns raised by citizens on the possible sewage leak at Scobie Park.   Ms. Bailey thanked the Public Works Director for his response to the Florida Department of Environmental Protection report on testing and for sharing the results with the public.  She asked the City to install a Gator Bite, put up signs to remind the citizens to be careful in the area, televise the Titusville Environmental Commission’s meetings, take action on the Titusville Environmental Commission’s recommendations, publish all testing results, etc.  Member Stoeckel requested Ms. Bailey provided her the list of recommendations that she was requesting from Council.  Public Works Director Kevin Cook advised staff could bring back information to City Council on early warning and monitoring of this type of event.

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Elizabeth Baker commented on the concerns raised by citizens on the possible sewage leak at Scobie Park. Ms. Baker also commented on the positive response from the Public Works Director.  She requested the City install Gator Bites and not mowing along the edge of the waterline of Scobie Park.  Public Works Director Kevin Cook responded and advised staff could take a look at limiting the mowing along the edge of the waterline of Scobie Park.

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Laurilee Thompson provided the Annual Report of the One Lagoon from the Indian River Lagoon National Estuary Program, in addition, she commented on the maintenance of Scobie Park.  Based on Member Nelson’s comments regarding using funds from the Community Redevelopment Agency (CRA) for the maintenance of Scobie Park, Public Works Director Kevin Cook advised he could review the resources from the General Fund, since the funding cannot come from the CRA.

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J.R. Morrison stated that he owned Rocket City Entertainment that was right across from Scobie Park. Mr. Morrison stated that he had clients walk away from his business because of the smell coming from Scobie Park. Mr. Morrison stated that he wanted to see Scobie Park cleaned up and he would volunteer his own time to assist with the cleanup.

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CONSENT AGENDA

City Clerk Wanda Wells advised that there was one speaking card submitted.

City Manager Larese read Consent Agenda items A, B, C, D, E F and G as followed:

Stan Johnston stated that he was not in support of Item 8F because of other issues going on in the City Parks. Mr. Johnston discussed the sewage spill that occurred in December 2020, etc.

Motion: Vice-Mayor Robinson moved to approve Consent Agenda items A, B, C, D, E, F and G 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.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION – 

Ordinance No. 30-2023 Repealing Section No. 11-379 "Solicitation on Right-of-Way" - City Attorney Broome read 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.

In 2021, through the enactment of Laws of Florida, Chapter 2021--6, significant amendments were made to Florida Statutes, Section 316.2045, "Obstruction of public streets, highways and roads." The statute was amended to remove portions held unconstitutional by federal courts while preserving the states interest of keeping roadways safe.

Following the enactment of Chapter 2021-6, Brevard County Board of County Commissioners adopted Ordinance 2022-12, creating "Article V - Designated Safety Areas." This Ordinance prohibits persons from interfering with or impacting the safe and efficient movement of vehicular traffic.

This County Ordinance was effective county-wide and would be enforced by both the Brevard County Sheriff's office and municipal law enforcement unless a conflicting ordinance was passed by a municipality, in which event, the County Ordinance would not be effective in that municipality. The City of Titusville currently has in effect Sec. 11-379, of the Code of Ordinances, "Solicitation on right-of-way" which regulates the interaction between pedestrians and motor vehicle traffic. This ordinance was similar to the County Ordinance, but would require some amendments in light of the changes to Florida Statutes Section 316.2045. 

Pursuant to Council's direction on July 11, 2023, staff prepared Ordinance No. 30-2023 repealing Section 11-379 and utilizing the County Ordinance for Council's consideration.

The public hearing was open.

Stan Johnston stated that he had no questions about this item and was in support of Ordinance No. 30-2023, etc.

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

Motion: Member Nelson moved to approve Ordinance No. 30-2023 Repealing Section No. 11-379 "Solicitation on Right-of-Way", 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.

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Right of Way Vacate (ROW) No. 1-2023 - Broad Street - City Manager Larese advised that the request was to 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.

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

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 thirty (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.

An application was submitted by EPIC Consultants of Florida, LLC, requesting the vacation of a portion of the public right-of-way of Broad Street described in Exhibit "A" of the agenda packet.

Community Development Director Brad Parrish stated that staff modified the conditions of approval and reviewed the five conditions of approval.

Staff recommended the following five conditions of approval:

The public hearing was open. 

Woody Rice represented the applicant and stated that the applicant owned both sides of the right of way. Mr. Rice stated that it was a right of way that had never been used by the public for any reason. Mr. Rice stated that the applicant agreed with all the conditions.   

John Rogers stated that he was an alternate member on the Planning and Zoning Commission and was present when this item was discussed. Mr. Rogers stated that the City was making a mistake by giving the Broad Street Right of Way to a developer. Mr. Rogers stated hat he was an avid cyclist and believed that the City needed to keep the Broad Street right of way to properly complete the bike trail.

Member Stoeckel asked for an update on the bike trail. City Manager Larese stated that the bike trail was diverted to Canaveral Avenue because the rail road would not give any land up because they did not want pedestrians crossing Main Street. 

Stan Johnston stated that he was in support of this item. Mr. Johnston stated that historically the area was a depressed area and this would assist with the revitalization of downtown.  

Woody Rice stated that the real key was economic development and revitalization of the downtown and the bicycle trails were only one aspect of the revitalization. Mr. Rice stated that it was a right of way not being used by the public.

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

Vice-Mayor Robinson asked how large the property was going to be if they were combined. Mr. Rice stated that there were three total parcels that the applicant owned and if they were combined, it would make a good size property for a commercial development; however, they were still in negotiations. 

Motion: Member Nelson moved to approve Right of Wat Vacate (ROW) No. 1-2023 – Broad Street, with the following conditions: (1) The existing portion of the sanitary sewer to manhole 15-55 shall be considered abandoned and no future connections to this portion of the sanitary sewer utility shall be made; (2) An easement of 30 feet x 60 feet will be needed. The easement shall be 30 feet from curb going west and 60 feet going north and south centered on the curb ramp; (3) A unity of title is needed for the two parcels abutting the right of way requested to be vacated to the north, tax ID numbers 2200359 and 2200360. A Unity of title is needed prior to vacating to ensure the northwestern property does not become landlocked, without suitable access to a public right of way; (4) That cross access and maintenance easements are provides over all existing City Owned utilities, Florida Power and Light, AT&T, Spectrum, and Florida Gas facilities in the area to be vacated; and (5) In the event that compliance with the conditions set forth herein is not achieved within one-hundred eighty (180) days of the date of approval of this vacation, this resolution shall become null and void.  The applicant indicated no objection to the conditions. 

The approval also included verifying the point of the beginning of the easement running west thirty (30) feet, as requested by 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.

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Conditional Use Permit (CUP) No. 2-2023 - 3580 Garden Street All American Oil – City Manager Larese advised that the request was to 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 would eventually cause problems in the future with traffic.

The applicant was requesting a Conditional Use Permit (CUP) to re-establish a retail fuel sales use with new facilities including store, pumps, etc. at 3580 Garden Street. A CUP was required for storage or use of a regulated substance (i.e. gasoline) in the Area of Critical Concern (ACC). The subject property was located at the northwest corner of the intersection of Garden Street (SR406) and Interstate 95 and was within the Area of Critical Concern (ACC). The subject property contained approximately 2.04 acres and was currently developed as a convenience store with gas pumps, which was currently vacant. The future land use designation on the property was Commercial High Intensity and was zoned Regional Commercial (RC). A Wellfield Protection Operating Permit application was required.

Community Development Director Brad Parrish stated that there was an existing gas station on the property that was unused for several years, so it had to be reestablished and the Conditional Use Permit (CUP) requirement was required to be brought before council. The property was located in the area of critical concern so there were environmental restrictions on the property. Community Development Director Brad Parrish stated that the application was consistent with the City’s code. The one condition staff requested was that a Wellfield Protection Operating Permit application was required and approved by the Water Resources Department and Fire Department prior to receiving their Certificate of Occupancy and/or Occupation License.

The public hearing was opened.

Bruce Moia, the President of MVP Engineering, stated that they wanted to tear down the site completely and build all new facilities, including new tanks, piping, building and pumps that meet the current standards of the code. Mr. Moia stated that the location was in the area of critical concern, which required them to come before council and request a Conditional Use Permit. The applicant had no objection to any of staff’s comments or the condition. 

Community Development Director Brad Parrish stated that the recommendations that the Planning and Zoning Commission recommended were not something that staff recommended or believed were necessary.  

Member Nelson asked if the applicant thought about electric vehicle charging stations. Jigar Patel, a representative from American Oil, stated that they included the piping connections for electricity, but it depended on the cost of the charging stations.

Vice-Mayor Robinson asked if the new construction was going to be significantly larger then the current building. Bruce Moia stated that the new construction was going to be larger and there was a site plan that was submitted to the City.

Stan Johnston stated that a new service station located closer to Interstate 95 would reduce traffic. Mr. Johnston also commented on the expirations of CUPs.

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

Motion: Member Nelson moved to approve Conditional Use Permit (CUP) No. 2-2023 to establish a retail fuel sales use, including fuel pumps in the Area of Critical Concern at 3580 Garden Street, as recommended, with one condition: (1) A wellfield protection operating permit application is required. Member Cole 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.

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Small Scale Comprehensive Plan Amendment (SSA) No. 6-2023 -1625 Tropic Street - This item was withdrawn, as requested by the applicant. No action was requested.

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ORDINANCES-FIRST READING - 

Comprehensive Plan Small Scale Amendment (SSA) No. 4-2023 - 3020 Whipple Street – City Manager Larese advised that the request was to conduct the first reading of the ordinances on Small Scale Comprehensive Plan Amendment (SSA) No. 4-2023.

City Attorney Broome read 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.

And, 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.

The applicant’s stated purpose for the land use amendment and rezoning was to replace the Conservation Future Land Use (FLU) category and the Open Space and Recreation (OR) zoning district on the property with Residential Two FLU and Rural Residential (RR) zoning. Currently 1.26± acres of the parcel are designated as Conservation FLU with Open Space/Recreation (OR) zoning. The applicant has provided a wetlands survey showing that a very small percentage approximately 0.05 acres of the Conservation FLU and Open Space and Recreation (OR) zoning area were wetlands and was requesting the ground-truth information be utilized to replace the land use and zoning consistent with Comprehensive Plan Future Land Use Element (FLUE) Policy 1.16.2.

Stan Johnston stated that he was not in support of this item because the Comprehensive Plan had errors in it.  

The public hearing was scheduled for the regular City Council meeting on August 22, 2023 at 6:30 p.m.

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Comprehensive Plan Small Scale Amendment (SSA) No. 3-2023 Evermore Multi-family 1925 S. Park Avenue – City Attorney Broome read 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 was a legislative item.

City Attorney Broome read 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 was a quasi-judicial item.

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

The Applicant was requesting a Small-Scale Comprehensive Plan Amendment (SSA) with rezoning on approximately 10+/- acres of land located at the northeast quadrant at the intersection of S. Park Avenue and Harrison Street for purposes of constructing a multifamily residential project consisting of 7 townhomes and 196 apartments in a gated community. The subject property was made up of three parcels consisting of approximately 17.07+/- acres with FLU designations of Commercial Low, Medium Density Residential, High Density Residential, and Conservation. The intent of the request was to change the majority of the property from the current future land use designations to High Density Residential, and rezone the property from the Neighborhood Commercial (NC) and a portion of Multifamily Medium Density Residential (R-2) to Multifamily High Density Residential (R-3) to support the intended multifamily development. The request does not include any change to the existing High-Density Residential land use and Multifamily High Density Residential (R-3) zoning designation, or the Conservation land use and Open Space and Recreation (OR) zoning designation.

Revised ordinances were distributed by staff and the titles of the revised ordinances were read by the City Attorney.  The public hearing was scheduled for the regular City Council meeting on August 22, 2023 at 6:30 p.m. 

Vice-Mayor Robinson asked if there was fill dirt added to the property. 

Member Nelson stated that that were complaints in the past from the neighboring properties that the lake on the property overflowed during storms. Member Nelson expressed concern for the development and zoning change from medium density to high density.

Woody Rice represented the applicant and stated that there was not fill dirt added to the property. Mr. Rice stated that he was planting rain gardens to help in addition to the stormwater pond that was designed for the property and permitted by St. Johns River Water Management District. 

Stan Johnston stated that he was not in support of this item because it was high density and in an AE flood zone, etc. 

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OLD BUSINESS – None. 

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NEW BUSINESS 

Draft Comprehensive Plan Amendments to the Future Land Use, Transportation and Housing Elements and Draft Land Development Regulations – City Manager Larese advised that the request was to 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.

The City's consultant, Kimley-Horn (formerly Canin Associates of Orlando), presented draft Goals, Objectives and Policies (GOPs) to the Future Land Use, Transportation and Housing Elements of the Comprehensive Plan. The consultant also presented draft Land Development Regulations to help implement the GOPs. Environment related comprehensive plan amendments would be addressed as part of a future project.

Member Stoeckel asked if the presentation was focused on the Comprehensive Plan changes and not the Code changes. Community Development Director Brad Parrish stated that staff was asking for approval to schedule the Comprehensive Plan Amendment, as well as direction for staff to continue working on the code sections. 

Member Cole asked if there was going to be community input from the individual communities prior to changes being made. Community Development Director Brad Parrish stated that the process had already started with a community meeting. 

Elizabeth Parker asked where the public could view the detailed recommendations. Ms. Parker stated that the public needed to review it prior to being voted on by Council. Community Development Director Brad Parrish stated that it was available on the City’s website. 

Mayor Diesel stated that it was important that the public had input and he wanted it to be advertised on the website so the citizens could easily access it. 

Member Nelson stated that she wanted to schedule a transmittal hearing for the public to come in and it be presented to the citizens. 

Motion: Member Nelson moved to schedule a transmittal hearing for the draft Comprehensive Plan Amendments to the Future Land Use, Transportation and Housing Elements, as recommended. Vice-Mayor Robinson 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.

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Golf Course Ordinance – Advisability – City Manager Larese advised that the request was to consider action regarding a draft golf course redevelopment ordinance.

On July, 25, 2023, the Council directed the staff to bring back information including ordinances regarding the redevelopment of golf courses at the regular City Council meeting on August 8, 2023.

Member Nelson stated that the she was in support of not changing the draft ordinance at this time.

City Attorney Broome distributed the Laws of Florida Chapter 2023-304. City Attorney Broome reviewed Section 14.

Member Stoeckel stated that she was also in support of not changing the draft ordinance at this time. 

Elizabeth Parker stated that she was not in support of moving forward with the draft ordinance. Ms. Parker stated that if the Royal Oak Country Club was rezoned to a mixed-use property, the City could lose control over what happened on the property because of the Live Local Act. Ms. Parker stated that the aquafer under the Royal Oak Country Club was recharged and if it was paved over, the surrounding homes would flood. 

Member Nelson asked Ms. Parker what she wanted to see happen to the Royal Oak County Club property. Ms. Parker stated that she wanted to see a recreational facility such as a park or homes on three acre lots. 

Motion: Member Nelson moved to take no action regarding a draft golf course redevelopment ordinance. 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.

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – None.

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MAYOR AND COUNCIL REPORTS

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

Mayor Diesel stated that he attended back to school events at the local schools. 

Mayor Diesel stated that the had a welcoming meeting with the new Brevard County Superintendent on August 9, 2023. 

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Council Reports –

Vice-Mayor Robinson stated that he just completed a three-week program that helped children work on their educational standards through the summer. 

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Member Stoeckel stated that she was attending the Florida League of Cities annual conference on August 9, 2023. 

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

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City Manager Larese reminded Council that the Budget Workshop was on August 17, 2023 at 5:00 p.m. and the public hearings would follow in September. 

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City Manager Larese stated that the Force Main project would begin on August 9, 2023 starting at the South Street Lift Station all the way to the Osprey Plant and was estimated to be complete by the end of 2023. 

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The remaining items were informational only.

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City Attorneys Report – City Attorney Broome stated that the City conducted the mediation in the Nelson case (Small Scale Amendment No. 5-2022) and Council would hear the results of the mediation and staff’s proposal at the regular City Council meeting on August 22, 2023 at 6:30 p.m. 

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With no further business to discuss, the meeting adjourned at 9:50 p.m.