Notice 7. CONSENT AGENDA ITEMS. Page 1 of 31

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1 CITY OF TITUSVILLE PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY NOTICE OF REGULAR MEETING December 5, S. Washington Avenue Titusville, Florida Council Chamber at City Hall 6:00 PM Notice All persons who anticipate speaking on any Public Hearing item must fill out an Oath Card to be heard on that agenda item and sign the oath contained thereon. These cards are located on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary. This meeting will be conducted in accordance to the procedures adopted in Resolution # Those speaking in favor of a request will be heard first, those opposed will be heard second, and those who wish to make a public comment on the item will speak third. The applicant may make a brief rebuttal if necessary. A representative from either side, for or against, may cross-examine a witness. Anyone who speaks is considered a witness. If you have photographs, sketches, or documents that you desire for the Commission to consider, they must be submitted into evidence and will be retained by the City. Please submit such exhibits to the Recording Secretary. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. DETERMINATION OF A QUORUM 5. APPROVAL OF MINUTES A. November 7, 2018 Minutes Special Approve B. November 7, 2018 Minutes Regular Approve 6. QUASI-JUDICIAL CONFIRMATION PROCEDURES The following items are subject to quasi-judicial rules of procedure. Anyone wishing to speak on any of these items must first sign a Public Hearing Agenda 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 Planning and Zoning to consider, they must be submitted into evidence and will be retained by the City. Submit these exhibits to the Recording Secretary. 7. CONSENT AGENDA ITEMS Page 1 of 31

2 8. OLD BUSINESS 9. NEW BUSINESS A. Ordinance - Perimeter Landscape Buffer Conduct the public hearing of Ordinance No amending the Code of Ordinances by amending Chapter 30 "Development Standards", Sections "Applicability", "Required Landscape Yards", "Exemptions" and "Permitted Uses within the Landscape Buffer Yard" establishing that required landscape yards in subdivisions are to be located in a separate tract or common area; providing for severability; repeal of conflicting ordinances, an effective date and incorporation into the Code. (The second reading and public hearing is scheduled to be heard by Council on December 11, 2018.) B. Ordinance - Taxi Cab Licensing 10. REPORTS Conduct the public hearing of Ordinance No amending the Code of Ordinances relating to business license renewal dates, by amending Chapter 11 Licenses and Business Regulations to clarify partial year Business Tax Receipt renewal dates, specifically amending Section When due and Chapter 22 Vehicles for Hire, to amend the permit renewal deadline to be September 30 of each year; specifically amending Section Issuance, duration and annual fee ; Providing for severability; repeal of conflicting ordinances; effective date and incorporation into the code. (The second reading and public hearing is scheduled for December 11, 2018.) A. City Council Summary of Actions Informational only B. Staff Report Accept the report 11. PETITIONS AND REQUESTS FROM PUBLIC PRESENT 12. ADJOURNMENT Any person who decides to appeal any decision of the Planning and Zoning Commission with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter Florida Statutes, should at least 48 hours prior to the meeting, submit a written request to the chairperson of the meeting that the physically handicapped person desires to attend. Page 2 of 31

3 Category: 5. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Community Development Director November 7, 2018 Minutes Special Meeting Department/Office: Recommended Action: Approve Summary Explanation & Background: Alternatives: Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type November 7, 2018 Minutes 11/8/2018 Backup Material Page 3 of 31

4 Planning and Zoning Commission Special Meeting ovember 7, 2018 The Planning and Zoning Commission (P&Z) of the City of Titusville, Florida met in special session in the Council Chamber of City Hall, located at 555 South Washington Avenue on Wednesday, November 7, 2018 at 5:00 p.m. Vice Chairman Chavier called the meeting to order at 5:00 p.m. Present were Secretary Chambers, Member Baker, Member Taylor, Member Noel-Copeland, Member Severs, and School Board Member Patricia Hare. Also in attendance were Planning Manager Brad Parrish, Senior Planner Trevor Traphagen, Assistant City Attorney Chelsea Farrell, and Recording Secretary Laurie Dargie. Quasi-Judicial Confirmation Procedures None Consent Agenda Items None ew Business Draft Vision Based Comprehensive Plan Mr. Parrish gave an overview of this item. Mr. Traphagen gave a presentation regarding this item. Member Severs said some of the language in the draft comprehensive plan is very broad. He wants to be sure that the public s input is always sought after. Member Severs said he would like to know who will be involved with making decisions; will the Planning and Zoning Commission still be involved. Member Severs said that it is also important to know what is being left out in addition to what is being added. Member Severs said that the land use is important to compatibility in addition to transportation. Member Severs said he has concerns with allowing certain height in some areas on the city. Stan Johnston of 860 Poinsettia Avenue Titusville, Florida came to speak in favor of this item. Mr. Johnston said he feels that the comprehensive plan does not address the concerns of sea-level rise. Member Baker said she likes how the Downtown land use has been expanded. Member Baker said she agrees with Member Severs about height limits in certain areas of the city. Member Baker said she would like canopy ordinances addressed. Page 1 of 2 Page 4 of 31

5 Planning and Zoning Commission Special Meeting ovember 7, 2018 Reports one Petitions and Requests from Public Present None Adjournment 6:09 p.m. Page 2 of 2 Page 5 of 31

6 Category: 5. Item: B. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Community Development Director November 7, 2018 Minutes Regular Meeting Department/Office: Recommended Action: Approve Summary Explanation & Background: Alternatives: Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type November 7, 2018 Regular 11/12/2018 Backup Material Page 6 of 31

7 Planning and Zoning Commission Regular Meeting ovember 7, 2018 The Planning and Zoning Commission (P&Z) of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, located at 555 South Washington Avenue on Wednesday, November 7, 2018 at 6:00 p.m. Vice Chairman Chavier called the meeting to order at 6:30 p.m. Present were Secretary Chambers, Member Baker, Member Taylor, Member Noel-Copeland, Member Severs, and School Board Member Patricia Hare. Also in attendance were Senior Planner Trevor Traphagen, Planning Manager Brad Parrish, Assistant City Attorney Chelsea Farrell, and Recording Secretary Laurie Dargie. Member Severs motioned to approve the minutes from October 3, 2018 with a correction. Member Noel- Copeland seconded. There was a unanimous voice vote. Quasi-Judicial Confirmation Procedures None Consent Agenda Items None Old Business None ew Business Ordinance Storage of Materials Mr. Parrish gave an overview of this item. Member Baker made a motion to approve the Ordinance relating to Storage of Materials. Member Taylor seconded. Roll call was as follows: Member Baker Yes Vice Chairman Chavier Yes Page 1 of 6 Page 7 of 31

8 Planning and Zoning Commission Regular Meeting ovember 7, 2018 Member Taylor Yes Secretary Chambers Yes Member Noel-Copeland Yes Member Severs Yes Motion Passed. Member Taylor announced that she would be recusing herself from agenda item 9B:- Ordinance Projections into Setbacks. Member Taylor turned in Form 8B Memorandum of voting conflict for County, Municipal, and other local Public Officers. Ordinance Projections into Setbacks Mr. Parrish gave an overview of this item. Member Severs brought up Section of the code and asked if this would prohibit the request regarding the setbacks, even if this was approved. Mr. Parrish said that Section is a more stringent code. Robin Taylor of 4997 Riveredge Drive Titusville, Florida came to speak in favor of this item. Ms. Taylor said she made the request to City Council regarding this item. Ms. Taylor provided several pictures of her property for illustration purposes. Ms. Taylor said she is requesting that this be approved. Tammie Hermanson of 4969 Riveredge Drive Titusville, Florida came to speak in favor of this item. Member Severs made a motion to table the Ordinance relating to Projections into Setbacks until the December 5, 2018 to allow Staff time to research information that was brought up regarding Section of the code and how it would impact this ordinance relating to the subject properties. Member Baker seconded. Roll call was as follows: Secretary Chambers Yes Member Baker Yes Member Severs Yes Member Noel-Copeland Yes Chairman Williams Yes Motion Passed. Page 2 of 6 Page 8 of 31

9 Planning and Zoning Commission Regular Meeting ovember 7, 2018 Ordinance Screened Porches Mr. Parrish gave an overview of this item. Member Severs made a motion to approve Ordinance relating to Screened Porches. Member Noel- Copeland seconded. Roll call was as follows: Vice Chairman Chavier Yes Member Baker Yes Secretary Chambers Yes Member Severs Yes Member Noel-Copeland Yes Motion Passed. Ordinance Height Overlay Mr. Parrish gave an overview of this item. Philip Nohrr of 1795 W. NASA Blvd Melbourne, Florida came to speak in favor of this item. Mr. Nohrr said he has a client that is interested in building a hotel at Kennedy Point Marina but is requesting that the height be 120feet. Kent Oliver of 3735 Raney Road Titusville, Florida came to speak in favor of this item. Mr. Oliver said he lives in Titusville and has several hotels. He is very interested in developing a hotel at Kennedy Point Marina to improve that area. Member Severs said that having a hotel with a height of 120ft would not conform to anything else around the area. Member Severs said that the maximum that he would even consider is 80ft. Member Baker said she would like to see a hotel on the West side of US Highway 1 but not near the height of 120ft. Member Baker said Member Severs is even being too generous with the 80ft. Member Baker made a motion to deny the Ordinance relating to Height Overlay. Member Severs seconded. Roll call was as follows: Member Noel-Copeland Yes Page 3 of 6 Page 9 of 31

10 Planning and Zoning Commission Regular Meeting ovember 7, 2018 Vice Chairman Chavier Yes Member Baker Yes Secretary Chambers Yes Member Severs Yes Motion Passed. Antigua Bay, Phase 1 Sketch Plat Mr. Parrish gave an overview of this item. Member Severs brought up his concerns regarding all of the property owners not being listed on the application. Mr. Severs asked if the application is even valid. Jake Wise of 2651 W. Eau Gallie Blvd. Melbourne, Florida came to speak in favor of this item. Mr. Wise said he apologized that the updated owner information is not on the current Antigua Bay Phase I Sketch Plat and requested that the Planning and Zoning Commission allow him to update the information on the Sketch plat, which he will do tomorrow. Member Severs said he has concerns with Parcel 5 being divided and wants to know why it is not going to be fully completed during Phase I. Mr. Wise said they want to get this project up and going as soon as possible and financially it would be very hard to complete all of Parcel 5 during Phase I. Member Noel-Copeland asked for clarification about the houses having sprinkler systems. Mr. Wise said that the houses will have sprinkler systems due to the fact that it would take the Fire Dept. more time to reach this area. Mr. Wise said that property is being set aside for the future development of a Fire Station to service this area. Member Severs made a motion to approve to approve the Antigua Bay, Phase I Sketch Plat with the following conditions: 1. Submit a traffic study. 2. Identify the location of the legal positive outfall on the sketch plat. 3. Identify the 25-foot natural preservation buffer on the sketch plat. 4. Ensure that the swales on each residential lot drain away from the lagoon. 5. Parcel 6B Public Park shall be developed with the first 100 lots (Phase 1) of Parcel Sidewalks shall be installed on both sides of the streets per Section 8.2 of the Antigua Bay Development Agreement and the 1,975 linear foot perimeter sidewalk as described in Section 8.3 of the Development Agreement shall also be installed with the first 100 lots (Phase 1) of Parcel The application owner information shall be corrected, along with an updated Opinion of Title relating to the Development Agreement for Antigua Bay Mixed-Use Development. Page 4 of 6 Page 10 of 31

11 Planning and Zoning Commission Regular Meeting ovember 7, Easements for water and sewer utilities shall be recorded with the approval of the Sketch Plat. 9. The Fire Station property be transferred to the City per Section 10.7 of the Antigua Bay Development Agreement with the first 100 lots (Phase 1) of Parcel 5. Member Noel-Copeland seconded. Roll call was as follows: Member Baker Yes Vice Chairman Chavier Yes Member Noel-Copeland Yes Secretary Chambers Yes Member Severs Yes Motion Passed. Interpretation of Uses in Planned Industrial Park (PID) Mr. Parrish gave an overview of this item. Joseph Olivo of 1525 White Drive Titusville, Florida came to speak in favor of this item. Bradley Barger of 2893 Long Lake Drive Titusville, Florida came to speak in favor of this item. Member Noel-Copeland asked how other businesses received their Business Tax Receipt to do auto repair on the same street. Mr. Parrish said that the business Member Noel-Copland is referring to was brought before the Planning and Zoning Commission just like tonight s item. Mr. Parrish said the business owner was requesting a Business Tax Receipt for auto restoration of antique cars. Mr. Parrish said that Planning and Zoning Commission at that time interpreted that auto restoration of antique cars was different from auto repair. Mr. Parrish said that the Staff report was to deny allowing the auto restoration use in PID but the Planning and Zoning Commission did not agree. Member Noel-Copeland said that she does not see a difference in auto restoration and auto repair/truck repair. Member Noel-Copland said she feels that it is all the same kind of work. Member Chavier disagreed with Member Noel-Copeland and said truck repair is very different from auto repair and it should not be allowed. Member Noel-Copeland said the businesses are the same and what is allowed for one should be allowed for other auto repair uses. Member Severs said that what this comes down to is what does the code say about this use and it clearly says that auto repair is not allowed in PID. Member Severs made a motion to accept Staff s interpretation to deny the use of truck repair in Planned Industrial Park (PID). Secretary Chambers seconded. Page 5 of 6 Page 11 of 31

12 Planning and Zoning Commission Regular Meeting ovember 7, 2018 Roll call was as follows: Member Baker Yes Vice Chairman Chavier Yes Secretary Chambers Yes Member Noel-Copeland No Member Severs Yes Motion Passed. Member Noel-Copeland voted no, because she feels that other businesses on the same street have been allowed to have an auto repair business and this business should not be treated differently. Reports Biannual Administrative Waiver Report Member Severs made a motion to accept the Biannual Administrative Waiver Report. Member Noel- Copeland seconded. There was a unanimous voice vote in favor. Petitions and Requests from Public Present None Adjournment 10:20 p.m. Page 6 of 6 Page 12 of 31

13 Category: 9. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: The Honorable Mayor and City Council William S. Larese, City Manager Ordinance No Relating to Landscape Yards Department/Office: Community Development Recommended Action: Conduct the public hearing of Ordinance No amending the Code of Ordinances by amending Chapter 30 "Development Standards", Sections "Applicability", "Required Landscape Yards", "Exemptions" and "Permitted Uses within the Landscape Buffer Yard" establishing that required landscape yards in subdivisions are to be located in a separate tract or common area; providing for severability; repeal of conflicting ordinances, an effective date and incorporation into the Code. (The second reading and public hearing is scheduled to be heard by Council on December 11, 2018.) Summary Explanation & Background: The Code requires that landscaping be installed to serve as a buffer between uses, specifically between residential subdivisions and adjacent uses. On occasion, requests are made to locate these buffers within the residential platted lot, rather than in a separate tract. Staff would like to clarify the Code to ensure that the landscaping is placed within a separate tract maintained as common area. This is intended to reduce the alteration of the required landscape buffer and ensure adequate setback from the landscaping to permit accessory structures, such as pools and shed, to be installed by the homeowner. Alternatives: 1. Approve the ordinance as written. 2. Approve the ordinance with changes. 3. Deny the ordinance. Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: No. 1 - Quality of Life Strategic Plan Impact: Landscaping supports quality of life within the community. ATTACHMENTS: Description Upload Date Type ordinance 11/15/2018 Backup Material Page 13 of 31

14 ORDINANCE NO AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 30 DEVELOPMENT STANDARDS, SECTIONS APPLICABILITY, REQUIRED LANDSCAPE YARDS, EXEMPTIONS AND PERMITTED USES WITHIN THE LANDSCAPE BUFFER YARD ESTABLISHING THAT REQUIRED LANDSCAPE YARDS IN SUBDIVISIONS ARE TO BE LOCATED IN A SEPARATE TRACT OR COMMON AREA; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE. WHEREAS, the Titusville City Council has determined that landscape buffer yards provide beneficial separation between land uses of varying intensities; and WHEREAS, landscape buffers increase property values; and WHEREAS, it is the intent of the City Council to clarify that landscape buffer yards required to be established in platted subdivisions are to be located in separate tracts or common areas from individual lots, to ensure the maintenance and long-term viability of the required landscape buffers. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TITUSVILLE, FLORIDA as follows: SECTION 1. That Chapter 30 Development Standards, Article III, Improvements, Division 10 Landscaping, Subdivision 3 Landscape Yard (Buffer/Screen), Section Applicability of the Code of Ordinances, City of Titusville is hereby amended to read as follows: Sec Applicability. (a) This section applies to any of the following: (1) Provides landscaped separation between land-use intensities where appropriate; (2) Screens from view certain land uses that may create visual clutter and distraction; and (3) Provides for increases in the width and opacity of the landscape buffer yard as the land-use intensity of the new or expanded development increases. (b) Landscape yard: Landscaped area measured from the property line to a depth as prescribed in the code. The term includes landscape strip, landscape buffer, buffer yard, and landscape screen. In a platted subdivision, the required landscape yard shall be located in a separate tract or common area. (c) This section applies to any construction or erection of any new building or structure for which a development approval is required. Buffer Yard Ordinance November 14, 2018 Page 1 of 4 Page 14 of 31

15 SECTION 2. That Chapter 30 Development Standards, Article III, Improvements, Division 10 Landscaping, Subdivision 3 Landscape Yard (Buffer/Screen), Section Required landscape yards of the Code of Ordinances, City of Titusville is hereby amended to read as follows: Sec Required landscape yards. (a) Required landscape yard type establishes when a landscape yard is required for differing land use intensities. Only the proposed development or redevelopment shall be required to provide the buffer. In a platted subdivision, the required landscape yard shall be located in a separate tract or common area. The applicant shall install the type of landscape yard indicated in the Required Landscape Yard Type Table. Table 30-8 Required Landscape Yard Type (See Landscape Yard Standards Table 30-9) Existing Development SFR MFR CD ID Arterial Buffer I-95 Buffer Public R.O.W. 2 SFR B B B C D E B Proposed Development 1 MFR B B B B D E B CD A A A A D E B ID A A A A D E B 1 SFR = Single-Family Residential Subdivision; MFR = Multifamily Residential; CD = Commercial Development; ID = Industrial Development; Arterial Buffer (per Exhibit A); I-95 Buffer (per Exhibit A) (1) If adjacent property is vacant, the current zoning designation shall be used to determine the minimum landscaping requirements along that property line. (2) Section allows a ten-foot landscape yard in the Downtown Mixed-Use Comprehensive Plan Land Use category as set forth per Chapter 27, General provisions, Article IV, Future Land Use/Zoning Matrix Standards and Chapter 29, Special districts and overlays, Article VIII, Special land use standards, Division 3, Downtown Mixed-Use future land use. (b) Note: Additional standards applicable to the Downtown Mixed-Use (DMU) zoning district are specified in Division 7 of this chapter. Where there is a conflict the most restrictive regulation shall apply. Buffer Yard Ordinance November 14, 2018 Page 2 of 4 Page 15 of 31

16 SECTION 3. That Chapter 30 Development Standards, Article III, Improvements, Division 10 Landscaping, Subdivision 3 Landscape Yard (Buffer/Screen), Section Exemptions of the Code of Ordinances, City of Titusville is hereby amended to read as follows: Sec Exemptions. (a) The requirements of Subdivision 3, Landscape yards of this division do not apply to the following situations: (1) Accessory structures. (2) Agricultural uses. (3) The reconstruction of an existing building of which fifty (50) percent or less of the floor area was destroyed or ruined by flooding, fire, wind storm, or act of God. This exemption shall apply only where reconstruction of that building will not result in an increase in building size or paving area of the parking facilities to be provided. (4) Interior finish work or remodeling in a portion of a building unless the work results in an increase in the paving area of the parking facilities within the street yard or in an enlargement of the exterior dimensions of an existing building. (5) Any use, building, or structure for which only a change of use is requested and which requires no structural modifications that increase its volume or scale. (6) Single-family dwellings located on an existing lot of record. (7) Residential developmentslots. All residential lots shall provide a minimum of one (1) boulevard tree (planted between the curb and lot line) and one (1) front yard tree (planted between the lot line and the front building line). SECTION 4. That Chapter 30 Development Standards, Article III, Improvements, Division 10 Landscaping, Subdivision 3 Landscape Yard (Buffer/Screen), Section Permitted uses within the landscape buffer yard of the Code of Ordinances, City of Titusville is hereby amended to read as follows: Sec Permitted uses within the landscape buffer yard. (a) No active recreation area, storage of materials, parking, or structures, except for necessary utility boxes and equipment, shall be located within the landscape buffer yard. (b) Landscape yards shall not be included as drainage, right-of-way, utility or other easements unless otherwise approved by the administrator, providing that the original intent and purpose of this section is met and there are unusual circumstances provided to the administrator. (c) The landscape buffer yard for development, other than platted subdivisions, may be included in the required building setback. (d) The landscape buffer yard may be included in the required open space (see Article III, Improvements, Division 3, Open space of this chapter). (e) Landscape buffer yards may be used as greenways (see Development Options Chapter, Article II, Planned Industrial District). Buffer Yard Ordinance November 14, 2018 Page 3 of 4 Page 16 of 31

17 (f) In a platted subdivision, the required landscape yard shall be located in a separate tract or common area. SECTION 5. SEVERABILITY. If any provisions of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon adoption by the City Council in accordance with the Charter of the City of Titusville, Florida. SECTION 8. INCORPORATION INTO CODE. This Ordinance shall be incorporated into the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the Code may be made. PASSED AND ADOPTED this day of, 2018 ATTEST: Walt Johnson, Mayor Wanda F. Wells, City Clerk Buffer Yard Ordinance November 14, 2018 Page 4 of 4 Page 17 of 31

18 City of Titusville "Gateway to Nature and Space" Category: 9. Item: B. To: From: Subject: REPORT TO COUNCIL The Honorable Mayor and City Council William S. Larese, City Manager Ordinance No Related to Business Tax Receipt Renewal Dates Department/Office: Community Development Recommended Action: Conduct the public hearing of Ordinance No amending the Code of Ordinances relating to business license renewal dates, by amending Chapter 11 Licenses and Business Regulations to clarify partial year Business Tax Receipt renewal dates, specifically amending Section When due and Chapter 22 Vehicles for Hire, to amend the permit renewal deadline to be September 30 of each year; specifically amending Section Issuance, duration and annual fee ; Providing for severability; repeal of conflicting ordinances; effective date and incorporation into the code. (The second reading and public hearing is scheduled for December 11, 2018.) Summary Explanation & Background: Chapter 11 of the Code relates to business tax receipts, and Chapter 22 contains licensing regulations for taxi cabs. In order to better serve the public, the proposed ordinance standardizes the due dates of all business tax receipts (including those for taxi cabs) to be due on September 30 annually. The proposed ordinance is intended to make renewal of taxi cab licenses easier for owners of multiple vehicles, by making all licenses renewable at the same time. The current system is that licenses are renewable at various times, depending on original date of issuance. This requires multiple trips to City Hall to renew licenses. It will take approximately one (1) year to fully implement the proposed renewal schedule. Alternatives: 1. Approve the ordinance as proposed. 2. Approve the ordinance with changes. 3. Deny the ordinance. Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: No. 2 - Economic GrowthNo. 4 - Efficient and Effective Services Page 18 of 31

19 Strategic Plan Impact: Streamlining licensing of taxi cabs will support economic growth and the provision of efficient and effective City services. ATTACHMENTS: Description Upload Date Type Ordinance 11/14/2018 Backup Material Page 19 of 31

20 ORDINANCE NO AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO BUSINESS LICENSE RENEWAL DATES, BY AMENDING CHAPTER 11 LICENSES AND BUSINESS REGULATIONS TO CLARIFY PARTIAL YEAR BUSINESS TAX RECEIPT RENEWAL DATES, SPECIFICALLY AMENDING SECTION WHEN DUE AND CHAPTER 22 VEHICLES FOR HIRE, TO AMEND THE PERMIT RENEWAL DEADLINE TO BE SEPTEMBER 30 OF EACH YEAR; SPECIFICALLY AMENDING SECTION ISSUANCE, DURATION AND ANNUAL FEE ; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; EFFECTIVE DATE AND INCORPORATION INTO THE CODE. WHEREAS, the Titusville City Council desires to standardize the due dates of all business tax receipts to be due September 30 annually; and, WHEREAS, current taxi cab permit regulations provide inconsistent due dates compared to due dates of other City required licenses and permits; and, WHEREAS, the City desires to establish a uniform schedule for all licensing and permit issuance in order to improve the application process for applicants, as well as the City. NOW, THEREFORE, BE IT ENACTED by the City of Titusville, Florida: Section 1. That Chapter 11 Licenses and Business Regulations Article II, Business Tax Receipt, Section When due of the Code of Ordinances, City of Titusville is hereby amended to reads as follows: Sec When due. (a) Every person engaged in or managing any business, occupation or profession referred to in this article, is required to procure a city local business tax receipt by purchasing same beginning July first (1 st ) of each year and shall be due and payable on September thirtieth (30 th ) of each year and shall expire on September thirtieth (30 th ) of the succeeding year. If September thirtieth (30 th ) falls on a weekend or holiday, the tax shall be due and payable on or before the first working day following September thirtieth (30 th ). (b) Partial year business tax receipts. Any business, profession or occupation required to obtain a local business tax receipt under the provisions of this chapter or general law that begins business during the first half of the receipt year (October 1 st through April 1 st ) shall be required to pay the full local business tax for the applicable classification under the provisions of this chapter. Any such business, profession, or occupation that begins business on or after April first (1 st ) of the current receipt year shall be required to pay onehalf (½) of the amount of local business tax for the applicable classification under the provisions of this chapter and shall expire on September thirtieth (30 th ) of the current year. Vehicles for Hire November 13, 2018 Page 1 of 3 Page 20 of 31

21 Section 2. That Chapter 22 Vehicles for Hire Article II, Taxi Cabs, Division 2 (Taxicab Driver s Permit, Section Issuance, duration and annual fee of the Code of Ordinances, City of Titusville is hereby amended to reads as follows: Sec Issuance, duration and annual fee. (a) Upon approval of an application for a taxicab driver's permit, the administrator shall issue a permit to the applicant which shall bear the name, address, age, signature and photograph of the applicant. (b) Such permit shall be in effect for the remainder of the calendar year. A permit for every calendar year thereafter shall be issued by the administrator upon the payment of fifteen dollars ($15.00) each year unless the business tax receipt for the preceding year has been revoked or suspended. Such permit shall be in effect for the remainder of the calendar year. A permit for every calendar year thereafter shall be issued by the administrator upon the payment of fifteen dollars ($15.00) each year unless the business tax receipt for the preceding year has been revoked or suspended. Such permit shall be in effect after issuance and shall be due and payable on September thirtieth (30 th ) of each year and shall expire on September thirtieth (30 th ) of the succeeding year. Any permit that is issued on or after April first (1 st ) of the current receipt year shall be required to pay one-half (½) of the amount of the permit for the applicable classification under the provisions of this chapter and shall expire on September thirtieth (30 th ) of the current year, unless the permit for the preceding year has been revoked or suspended. If September thirtieth (30 th ) falls on a weekend or holiday, the tax shall be due and payable on or before the first (1 st ) working day following September thirtieth (30 th ). (c) Such permit shall be issued and/or renewed by the administrator upon the payment of fifteen dollars ($15.00). SECTION 3: SEVERABILITY. If any provisions of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 4: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon adoption by the City Council in accordance with the Charter of the City of Titusville, Florida. Vehicles for Hire November 13, 2018 Page 2 of 3 Page 21 of 31

22 SECTION 6: INCORPORATION INTO CODE. This ordinance shall be incorporated into the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the Code may be made. PASSED AND ADOPTED this day of, ATTEST: Walt Johnson, Mayor Wanda Wells, City Clerk Vehicles for Hire November 13, 2018 Page 3 of 3 Page 22 of 31

23 Category: 10. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Community Development Director November 13, 2018 City Council Summary of Actions Department/Office: Recommended Action: Informational only Summary Explanation & Background: Alternatives: Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type City Council Summary of Actions 11/15/2018 Backup Material Page 23 of 31

24 CITY OF TITUSVILLE CITY COUNCIL SUMMARY OF ACTION TUESDAY, NOVEMBER 13, :30 PM COUNCIL CHAMBER 555 SOUTH WASHINGTON AVENUE, TITUSVILLE, FL Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk s Office. The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting. 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Minutes Approve the minutes of the regular City Council meetings on October 23, 2018 (5:30 p.m.), October 23, 2018 (6:30 p.m.) and special City Council meeting on October 17, Approved as submitted. 5. SPECIAL RECOGNITIONS & PRESENTATIONS A. Quarterly Report - Project Based Learning, Inc. A/K/A FabLab Accept the report from Project Based Learning, Inc. a/k/a Fab Lab. Recognized the written report provided to the City Council and requested a representative from the Project Based Learning, Inc. a/k/a Fab Lab attend a future meeting to present a report Page 24 of 31

25 City Council Regular-November 13, 2018 (6:30 p.m.) to the City Council. The motion included reviewing options for the use of the equipment if Project Based Learning, Inc. defaulted, whether they were providing a public purpose, and partnerships with other non-profits that the City deemed to provide a public purpose. 6. BOARDS AND COMMISSIONS A. Dual Membership - Titusville Environmental Commission and Planning and Zoning Commission Appoint a regular member to the Titusville Environmental Commission from the Planning and Zoning Commission to serve in a dual membership to both boards. The appointment to the Titusville Environmental Commission will expire on November 30, Tabled the appointment of a regular member to the Titusville Environmental Commission from the Planning and Zoning Commission to serve in a dual membership to both boards. Council also requested staff review the purpose of the dual membership and bring back recommendations. B. North Brevard Library District Board Accept the North Brevard Library District Board's Semi-Annual Report, as written. Accepted the Semi-Annual Report, as written. C. Municipal Code Enforcement Board Appoint one alternate member to the Municipal Code Enforcement Board for an unexpired term to expire on October 31, Appointed Jacob Edwards as an alternate member for an unexpired term to expire on October 31, PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) No action. 8. CONSENT AGENDA A. Purchase of Police Vehicles - Fiscal Year 2019 Approve the use of the Sourcewell Contract (formerly National Joint Alliance) # NAF for the purchase of nine (9) 2019 Interceptor vehicles from Alan Jay Fleet Sales at $50, each for a total amount of $453, and Approve the use of the Florida Sheriff's Association Contract #FSA18-VEL26.0/FSA18-VEH16.0 for the purchase of one (1) 2019 Ford Police Truck from Duval Ford Fleet and Sales at $46,027. Total amount for Project Z01915: $499,684. Approved in accordance with recommendations. B. Buy Out of Titusville Police Department Leased Vehicles Page 25 of 31

26 City Council Regular-November 13, 2018 (6:30 p.m.) Approve buy out of leases with Mears Motor Leasing for eleven (11) police vehicles: Eight (8) $5,230 each = $41,840.00; and Three (3) $8,283 each = $24,849. Total: $66,689. Approved in accordance with recommendations. C. Appropriate Forfeiture Funds for Vehicle Maintenance/Crime Prevention Appropriate and approve the use of $10,000 in Forfeiture Funds for repairs and maintenance of forfeiture vehicles; appropriate and approve the use of $4,000 in Forfeiture Funds to purchase crime prevention materials to promote various services the police department supports; and approve the attached budget amendment. Approved in accordance with recommendations. D. State Forfeiture Funds to Provide Extensive Leadership Training Approve and appropriate sixteen thousand five hundred seventy five dollars ($16,575) in State Forfeiture Funds to provide extensive leadership training to our supervisors, and approve the required budget amendment. Approved in accordance with recommendations. E. Budget Amendment - CRA Building Grants Approve the Budget Amendment in the amount of $27,700 as recommended by the CRA to add funds to the CRA Building Grants Account to provide sufficient funds to provide a Commercial Interior Renovation Grant for a major renovation project in the CRA. Approved in accordance with recommendations. F Tree City USA Recertification Authorize the Mayor to sign the 2018 Tree City USA recertification application. Approved in accordance with recommendations. G. Award of Contract - CRA Courts Decorative Painting Approve budget amendment and the award of contract to Phoenix Rising, LLC of Winter Garden, Florida in the amount of $71,700 for the CRA Courts Decorative Painting; and authorize the Mayor to execute said contract. Staff pulled this agenda item. H. Amendment No. 1 to Resilient Titusville Agreement with the Florida Department of Environmental Protection Approve and accept Amendment No. 1 of the Resilient Titusville Agreement with the Florida Department of Environmental Protection, and authorize the Mayor to execute based upon final approval by the City Attorney. Approved in accordance with recommendations. Page 26 of 31

27 City Council Regular-November 13, 2018 (6:30 p.m.) I. Advisability Regarding Parking Lots as Permitted Uses Approve advisability for staff to review the Land Development Regulations related to the parking lots. Approved in accordance with recommendations. J. Ratification of IAFF contract for FY Approve the Collective Bargaining Agreement between the International Association of Firefighters, Local 2445 and the City of Titusville and approve retroactivity of wages back six months to April 1, 2018 for FY Approved in accordance with recommendations. K. Kirk Point Riverfront Park Sign Provide staff direction on signage for Kirk Point Riverfront Park. Approved in accordance with recommendations, with the stipulation that Bob Kirk will have the opportunity for input on the signage prior to the final production. Member Stoeckel confirmed that once Bob Kirk has provided his input on the signage, it will come back to Council for final review and approval. 9. ORDINANCES SECOND READING, PUBLIC HEARING AND RELATED ACTION A. Ordinance No Height Overlay Ordinance Conduct second reading and final public hearing of Ordinance No amending the Code of Ordinances to create a height overlay to increase maximum building heights in specified areas by creating Chapter 29 Special Districts and Overlays, specifically creating Article IX Height Overlay, sections through sections , and amending Chapter 37 Definitions, 37-1 Definitions to add definitions relating to height; Providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (The first reading and first public hearing was held on October 23, This is the final public hearing.) The Planning and Zoning Commission recommended denial, as written. The Planning and Zoning Commission recommended further changes based on their comments. Approved as modified. Changes to Section (d) included: (1) Change one hundred twenty (120) feet to one hundred fifty (150) feet and (2) remove ten (10) stories. Council also provided advisability for staff to prepare an ordinance to expand the height overlay that was approved in Ordinance No B. Ordinance No Screened Porches Page 27 of 31

28 City Council Regular-November 13, 2018 (6:30 p.m.) Conduct the second reading and final public hearing of Ordinance No amending the Code of Ordinances by amending Chapter 28 Zoning, sections Accessory use table and Attached screen porch to designate attached screen porches as a permitted accessory use in specified zoning classifications; Providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (The first reading and first public hearing was held on October 23, This is the final public hearing.) The Planning and Zoning Commission recommended approval, 6-0. Approved as recommended. C. Ordinance No Storage of Materials Conduct the second reading and public hearing of Ordinance No amending the Code of Ordinances by establishing a timeframe for storage of materials and equipment on site prior to commencement of permitted land development activities by amending Chapter 30 Development Standards, specifically amending Sections General provisions and Prohibition ; Providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the Code. The Planning and Zoning Commission recommended approval, 6-0. Approved as recommended. D. Ordinance No Permitting Projections into Setbacks in the Multifamily High Density Residential (R-3) Zoning District Conduct second reading and public hearing for Ordinance No amending the Code of Ordinances by amending Chapter 28 Zoning, Sections Multifamily High Density Residential (R-3) and Section Projections; fences and walls to permit specific structures to project into required principal structure setbacks; Providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the Code. The Planning and Zoning Commission recommended that the City Council table the ordinance to allow time for further staff analysis, 6-0. Staff distributed a revised ordinance that included changes to Section (d). It was revised to read as follows: Within any townhome development adjacent to the Indian River Lagoon and located in the R-3 district, elevated decks or balconies (excluding screen rooms or other enclosures) on townhouses may project into the rear yard setback a maximum of five (5) feet toward the water where the property is adjacent to a major water body, or a common area. Open stairs, fire escapes and chimneys on townhouses may project no more than four (4) feet into the required side or rear setback. Principal structures, including balconies, may not extend into the shoreline protection setback required by Section 30-63, Shoreline protection setbacks. Approved the revised ordinance as distributed by staff. 10. ORDINANCES-FIRST READING Page 28 of 31

29 City Council Regular-November 13, 2018 (6:30 p.m.) 11. OLD BUSINESS 12. NEW BUSINESS A. Council Consideration of Bid Protest Pursuant to Award of Bid # 18-B-043 Inspiration Village Lot 9, Home Construction; Followed by the Award of the Bid to the Lowest Qualified Firm Council Consideration of a Bid Protest pursuant to the award of Bid # 18-B-043 for the construction of a single-family home in Lot 9 of Inspiration Village. If City Council denies the bid protest, it is recommended to approve the award of Bid # 18-B-043 to Smith Development and Construction, Inc., for Inspiration Village Lot 9 home construction, and authorize the Mayor to execute the contract subject to the resolution of the contract terms by the City Attorney. Denied the bid protect pursuant to the award of Bid # 18-B-043 and approved the award of Bid # 18-B-043 to Smith Development and Construction, Inc., for Inspiration Village Lot 9 home construction, and authorized the Mayor to execute the contract subject to the resolution of the contract terms by the City Attorney. B. Antigua Bay, Phase 1 - Sketch Plat Approve the Sketch Plat for Antigua Bay, Phase 1. The Planning and Zoning Commission recommended approval, 5-0, subject to the following conditions: (1) Submit a traffic study; (2) Identify the location of the legal positive outfall on the sketch plat; (3) Identify the 25-foot natural preservation buffer on the sketch plat; (4) Ensure that the swales on each residential lot drain away from the lagoon; (5) Parcel 6B Public Park shall be developed with the first 100 lots (Phase 1) of Parcel 5; (6) Sidewalks shall be installed on both sides of the streets per Section 8.2 of the Antigua Bay Development Agreement and the 1,975 linear foot perimeter sidewalk as described in Section 8.3 of the Development Agreement shall also be installed with the first 100 lots (Phase 1) of Parcel 5; (7) The application owner information shall be corrected, along with an updated Opinion of Title relating to the Development Agreement for Antigua Bay Mixed-Use Development; (8) Easements for water and sewer utilities shall be recorded with the approval of the Sketch Plat; and (9) The Fire Station property be transferred to the City per Section 10.7 of the Antigua Bay Development Agreement with the first 100 lots (Phase 1) of Parcel 5. Approved as recommended with the following conditions: (1) Identify the locations of the legal positive outfall on the sketch plat; (2) Identify the 25-foot natural preservation buffer on the sketch plat; (3) get an updated opinion of title; and (4) A note from the applicant that a stabilized road will be created when the water line is put in. 13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) No action. 14. MAYOR AND COUNCIL REPORTS Page 29 of 31

30 City Council Regular-November 13, 2018 (6:30 p.m.) A. Mayor's Report Attached is the Mayor's Report. Mayor Johnson submitted his written report. 15. CITY MANAGER S REPORT A. City Manager's Report Attached is the City Manager's Report. City Manager Larese submitted his written report. Council authorized a special City Council meeting to hold a public hearing on the City s annual CDBG Program accomplishments and to hear from those agencies seeking CDBG grant funding under the Neighborhood Services Department Request for Proposal, Public Services Activities for Tuesday, January 15, Council provided their consensus to add Commemorative Naming of South Street to Martin Luther King, Jr. Boulevard to the City of Titusville s 2019 Legislative Priorities, as provided in the City Manager s Report. Remaining items were informational only. 16. CITY ATTORNEY S REPORT No action. Page 30 of 31