##VIDEO ID:5LN2S6_45rA## e e e e e [Music] [Music] all right everybody we're getting started now so welcome to the October 22nd 2024 6:30 p.m. city council meeting we do have a quorum so I will call this meeting to order would you please join me in a moment of silence and the pledge to the flag I pledge ALG to the flag of the United States of America and to the Republic for it stands na indiv andice all thank you city clerk would you please read the rules of speak yes sir individ idual wishing to speak on agenda items must complete a signup card prior to the item being introduced those wishing to speak on Clause of judicial public hearings must complete a sign up card and sign the oath sign up sign up and oath cards are available on the table individuals wishing to speak on non-agenda items May do so under petitions from the public present this opportunity is offered twice in the meeting and individuals may speak at either the first or second petitions but not both no signup card is required citizens shall not comment on any issue more than one once during the meeting all comments except petitions and requests must address the pending issue and citizens will be given 3 minutes to speak citizens wishing to speak on the consent agenda must submit a signup card identifying the items of interest each speaker shall be limited to 3 minutes to speak on the entire consent agenda all signup cards and Exhibits being submitted to city council shall be placed in the box on the table thank you very much um I'm going to ask for a motion to approve the minutes of the regular City Council meetings on September 10th and September 24th both 6:30 and then the special meeting on September 26th so moved second I have a motion and second all those in favor say yes yes opposed minutes are approved city manager uh good evening mayor vice mayor and Council we've got a couple housekeeping items I'd like to address the first item is uh staff is requesting to withdraw item 8B which is the Florida Department of Environmental Protection DP uh D Grant reward for resilient Florida planning Grant need a motion on that yes sir uh I'd make that motion but tell me which item it is item 8B 8 B first reading uh outdoor storage okay okay eight 8 e 8 B8 is in boy is a boy the Florida Department of Environmental Protection Grant so moved second well start over I've got a motion for member stoko second did you make a motion yeah okay second for member stoko and a motion for member Nelson all those in favor say yes yes opposed all right city manager uh the City attorney has an additional item to add to um the agenda mayor I'd like a motion from Council to add an agenda item under the city attorney's report um I've received a request from an attorney represent a property owner that's requested a letter from the city confirming the Architectural Review Board uh for properties in the north of Ard industrial park has ceased to exist in accordance with those deed restrictions so I'd like to put that under my report for your consideration member Nelson i' move to that as as stated second motion and second all those in favor say yes yes opposed it is accepted um a couple other things here uh I know that um we do have a well I'll call the Main Event and I'm going to try to get a couple people uh in front of that main event so um I'm looking at uh and City attorney advised me on what I'm doing here I'm wanting to get um cille Resort in destination F in front of the main event I say that because clearly that's the main event so so what you're asking is you'd like to move item 8f which is the rezone number 3- 2024 Titusville Resort destination master plan you'd like to move that um following item um 9 C I would need a motion to do that so moved second have a motion and a second to make that move all those in favor say yes yes opposed okay so this rest assured that's not going to be a long one I would think not so F moves to where again um right after 9 C which is the uh ordinance number 43224 conditional use permit legal ad requirements you will guide me as we go all right I have had uh someone approached me who is part of the nine hold on a minute d and e is that I'm looking at yeah the main event as you want to call it d& clearly we have a lot of people here and I had someone and I'll certainly let you know who that that is who has asked for an extended time and be the presentor for the group and I don't know if that's the entire group and that's great but we did that with another group and we had the presenter and we had got 20 minutes and we got so much out of it and then all a sen bills decided Well we want to talk too so I don't mind doing that but I'm not going to have a 15 or 20 minute presentation then all of a sudden we've got 30 or 40 cards over here too so if you would stand and let them know who the presenter is looking to be and I don't know how many of you feel that way but if she presents and is given the time how many of you are well let me start over ask that differently how many of you would still want to speak after she presents after she presents giving her adquate time can you hear me what of the SSA is doing I haven't spoken to her about what she's going to say she just came to me and said that the group would like her to present and if that's the case sometimes it is much more organized and sometimes when you get into these and I get it but when you have 50 speakers you have a lot of repetitive things and if you have one speaker who takes longer than the a lotted time and we gave basically give presentation that sometimes is much more effective for all of us but what I don't want to see happen is we give her the extended 15 plus minutes and then we got the presentation and then say Oh no I want to say this and I want to say that I if that's the case we'll just go with the run through the cards and do what we have to do go ahead go ahead step up here microphone so my name is Jill Dobson I'm representing primarily uh 9e on the agenda tonight the individuals that are sitting here with me have asked me to be their spokesperson for 9e I would be one of the only speakers from the south 2-2 2024 small scale Amendment my husband and I the other project part of the project 1- 2024 North Side 9d on the agenda have their own representation I am not representing the people in the north side of the project okay okay thank you that helps me with what you're saying there thank you okay so 9e if she speaks on 9e and does a presentation who would want to still speak after that not not you guys we're we're going to come to you in a second okay so and that's still 9 e 9 go ahead can you ask them to raise their hand if they are willing to give up their time for her to speak because I think there's a hand a lot of them there are those I see that think it would but that's not my I know that's going to happen my concern is and we did this with the previous group all of a sudden we got done with a long presentation and then all these people are well I still want to talk and we ended up oh that was our 5:00 in the morning meeting so we're trying to make sure we don't get redundant here um okay have go ahead and have a seat we'll go from there and nine does n9d have a presenter too or no was it 9d so that was 9e 9 D is there a presenter at 9d or is it so there's there's no presenter okay how many people want to speak on 9d this okay 9 d D okay all right thank you I'm going to um well do I need to vote on that to say I want to do that I think it looks to me like she has the support and they want her to go ahead and be their representative and if that's the case I would go give her 15 minutes and give a presentation for 9e that's fine when 9e comes up we'll confirm that again when she comes up and the 9 D make e and D that sound too much alike but you're the D's okay okay you're the D's I'm not going to say you're the fs okay so all right so that's what we'll do we'll get to that and I appreciate uh your cooperation I really do thank you you're fine group and we'll go from there I absolutely forget where we're at now so uh one more housekeeping item sir I'd like to move uh under old business 11a which is Community Development block grant program budget amendment for Action Plan implementation to after uh uh consent after consent yes sir uh member Nelson so moved second motion and a second all those in favor say yes yes opposed okay you guys going have to remind me where we just moved everything to just got crazy okay we are now on item uh 5A which is the department Spotlight this is the city clerk's office and I'm not going to make Wanda get off the dice but um if you have any questions Wanda is there to answer it yeah we have a video right clerk's office is the information source for Citizens as well as the municipal organization the office performs three vital functions administer the legislative process facilitate public participation in governmental processes and protect and manage the public record first administer the legislative process here the office provides notice of City Council meetings prep PRS the city council agenda at the discretion of the city manager attends all city council and community redevelopment agency CRA meetings and prepares the minutes and furthermore the office oversees the codification of ordinances that amend the city's codes in 2023 the office noticed and published 39 regular and special city council agenda packets totaling 18,750 Pages attended 12 CRA and 39 City Council meetings totaling Under 12 hours spent 300 to 350 hours preparing city council and CRA meeting minutes totaling 549 pages and submitted 18 legislative ordinances approved by city council for incorporation into the city's code volumes in total 68 sections of the code and ldr receive changes second facilitate public participation here the office facilitates public participation at city council and CRA meetings over sees board member applications advertising and appointments of citizens appointed by the city council to the city's boards conducts Municipal elections for Citizens that desire to run for city council provides legal advertising on upcoming public hearings and additionally our staff serves as Leons to the student advisory Council and Titusville community service award Committee in 2022 and 2023 the office oversaw 112 board member positions re received 18 board applications from citizens scheduled 31 requests on the council agenda for board member appointments reappointments Etc assisted seven candidates that qualified for City Council in 2022 and 2024 verified 117 campaign Treasurer reports during the 2022 election in regards to public notice staff published 81 legal abs for proposed ordinances and land use changes mailed 2,111 postcards to neighboring Property Owners on upcoming public hearings and created 48 temporary signs to notice passing traffic of land use hearings staff also attended meetings and prepared the agendas and minutes for nine student advisory Council and two community service award meetings assisted the student advisory Council in hosting a mock city council meeting as well as assisted City Council in issuing $3,000 in scholarships to graduating senior board members in addition 90 individuals were honored at the 2023 boards and commissions recognition ceremony and 265 students from 15 schools were recognized at the annual student award ceremony third protect and manage the public record here the office protects manages stores and provides security and Regulatory destruction procedures for public records entrusted to the office through rules set by Florida Statutes Florida administrative code and city policy staff prioritizes and promotes digital scanning projects through other City departments empowering and equipping departments to scam import retain and manage electronic records rather than maintain records in paper form manages and oversees the city's electronic records database laser fish creating user accounts setting security per user ensuring Digital Image requirements Etc oversees City administrative policy on public records responds to public records requests and redacts exempt information prior to release as Florida Statutes provides more than 1,000 exemptions for information that may be exempt from from public inspection to continue the office trains new employees on public records provides ongoing training and access to resources for the electronic records database provides research for other departments and annually prepares and submits records management compliance reports to the state sharing brief sample data from 2023 the city clerk's office responded to over 386 public records requests from the public and others trained 32 employees on records management And archiving records trained 26 employees for newly created laser fish accounts added 77781 pages to laser fish which housed over 4 terabytes or millions of digital records initiated Digital Imaging projects with other departments one example being a project digitizing 266 Banker boxes of paper development records that require long-term retention 139 boxes have been scammed today moreover the office is presently expanding the capabilities of laser fish using the software to streamline processes install collaborative workflows and more to continue the office provides maale Courier Services to all departments in 2023 our Courier drove 7,38 miles to the city's many departments picking up internal and external mail as a result 67,5 pieces of outgoing mail were metered and mailed to conclude the city clerk's office serves in many capacities to benefit both citizens and the municipal organization through the performance of its three vital functions mentioned previously with this we hope you have enjoyed the information provided on the Titusville city clerk's office wow nice video um well done and it's really kind of cool because normally we show this at presentations meetings and there's only five or six people out there to see it so we're glad you all showed up for this one so so you got the record there miss cler so uh thank you guys very much every time I see one of these no matter the department I'm always amazed at the numbers you know how many miles you The Courier travel and how many notifications you sent out and how many uh treasury reports or whatever they're called for the candidates I mean just goes on and on so thank you all very very much I appreciate you let's do that there lot of people here thank you guys City Manager on to boards and commissions the first is item 6A which is the historic preservation board and you're uh requested to appoint three members and one alternate member to the historic preservation board with a term to expire on 31 October 2026 the terms of regular members Dennis Jones Tony chiffo and Deborah Pedic and Alternate member Kirk Davis uh Davies excuse me all expire on 31 October 2024 regular members Jones shiff Pedic and Kirk or Davis have all expressed their willingness to desire to continue serve on this board and have requested a reappoint to another 2-year term to expire on 31 October 2026 there currently are no other applications on file for your consideration uh first thing I would say is I think this is a very U outstanding board passionate about what you do and um we've been very blessed to have you guys and some of the things you've accomplished and the uh ownership you take of this is this board is is well noted with that said I know I have a couple of the uh folks who are um going to be voted on be reappointed here and so I certainly think if you wish to come up and say a word you certainly are willing able to do that M uh Tony and Kurt I know are here I'm sorry okay there you go so St on the people's Podium start up Tony chiffo the historic Norwood house it seems like yesterday I stood before you to request reappointment to the historic preservation board however it's been two full years and a busy time it's been it's not pertinent for any one of the four of us seeking reappointment to stand before you as no one else has stepped up so it's a moot point if you want to keep the um board functioning but I'd like to point out that with the four of us we represent a total of 27 years of service on the historic preservation board wow 27 years with consistent membership we've built upon the preservation work done by the board since its Inception in 2011 we have a couple of surveys and in the five years I've served on the board we've produced three more major projects the world famous three-hour tour that was amazing the architectural guidelines so that everybody even in the CRA knows what to [Music] do and the documentation of our lost African-American business district in joinerville and Beyond by reappointing the four of us you acknowledge not that no one else stepped up rather you value the work this board is doing and you want it to continue and let me point out no no one else stepped up not because our fellow citizens do not value Titusville history and its representative structures member Cole but rather because they know it's hard work and it takes dedication to uncover and Trace the past road to our present reality and even harder work trying to maintain its remnants from Total Annihilation or Extinction and to map a way to our future therefore thank you for your vote of confidence in reappointing this group of dedicated citizens to your hardworking advisory historic preservation board thank you Tony and and we do and I love that little booklet that's that was always great that was and we're adding Joiner Bill to it that's awesome it should be there thank you thank [Applause] you come on up sir uh good evening mayor and the steam Council uh I can't say anything to add I don't have anything to add to what Tony's already said my name is Kirk Davis thank you and I'm at uh 3740 Hickory Park Drive here in Titusville long time resident and it's been a awesome experience being a part of the historic preservation board and one of the major uh projects that uh we undertook this year has been the jonville and on Project which is to capture the historic value of our black community here in Titusville from its Genesis until the present day and I invite the uh members of the community to go on the city's uh website and get a a load of this document it's filled with a lot of history that's relevant particularly for our young people and and it's also awesome uh product to extend the interest and hopefully encourage more interests in our history here of the black community here in Titusville and again I I thank you the city of Titusville for allowing this to go forward and we're looking for larger things to come in the future and hopefully we can gather more interest from the community to be involved with this project so all that I want to say is thank you again for allowing me to renew my license as being a part of the historic preservation board thank you thank you so much Mr Davis I don't know if we call it a license but we sure appreciate you being there license to serve anybody else on that board want to come up and say anything or yeah come on up come on up n Debbie pic I live at 1237 L Oak Circle um I guess I would remit be remiss not to come up here and say thank you for reappointing me and thank you for supporting us I love the historic preservation board and I really love that city council would start helping us you know we don't need all these new projects in these Wetland areas we need to restore our history and it's and it's really been a little bit difficult because people don't want to designate their homes because they're afraid we really you know tie them down and so forth but you know we're not here we're here to help and we just want to have a beautiful city and protected so thanks again for renewing my [Laughter] license thank you very much anyone else over there clerk we have one more card at Dan Johnston imagine that thank you Tony Mr Davis and Debbie uh the historic preservation board um and uh I'm especially not un especially concerned not just with what happened in the past but the history that's going to be coming and that history has to do with a number of things that are going right now like for example transformation of of uh Titusville into a little Miami the sea level rise the uh the pollution of the Indian River and condition it is the um uh the incorrect FEMA maps that I pointed out that nobody's listening to the um uh culs under I95 that are not functioning because water's not going through it and it's it's there's the canals are are clogged going to Indian River um and the sustainability issues climate change and so forth so what's going on today is going to be looked at 50 years from now is what did we do because we're in a we're in a big crisis situation that we don't know what's going to happen so I'm I'm mentioning these things because I'm asking them to to be sure to um uh to keep the to preserve what's what's happening now in in the history that's that's that's to be so thank you for that thank you for uh Tony and Debbie and Mr Davis thank thank you all right once can we make the motion for all once okay uh member Nelson I'm gonna make the motion to appoint um Dennis Jones Tony shiplo Debbie Pedic as regular members and Kirk Davis as an alternate to the historic preservation board until for a term to expire on October 31st 2026 and and I want to say they've done a wonderful job I agree thank you thank you uh and the wonderful job part can be put in there for you with because it's been an amazing board uh I have the motion in the second roll call vote member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes with appreciation and thank you uh passage unanimously appreciate you guys uh city manager consent or correction uh petitions and requests from the public president is non-agenda items non-agenda items so all you guys have agenda items so except Stan come on Stan all right Stan Stan Stan Johnson I sent you an email yesterday and it's uh it's titled something like uh today either terminate City Manager for many causes or request that mayor Diesel and all other council members resign that's from me and so you know about it so uh this email does does anyone wish to uh make a motion to terminate city manager nope you're speaking for everybody I'm speaking for myself I always do all right okay so so I have uh would you hand out what they have I have a response to that because I anticipated that you wouldn't do it and and you understand is this is one of the big reasons is because the city of tville has been spraying has a policy for over 3 years and 10 months to spray women and children uh and babies with sewage and by by leaving The Fountains turned on in public parks when you're when there's a sewage spill so that policy has been effect and it's been it been confirmed even at the last council meeting um I think about different things I think about well you know we know we go to church and we we have this thing it says do unto others as you would have done unto you and I would think what in the world are you guys thinking by leaving the fountains on I think about the thing that Mr maybe Mr past M Mr pastor Joe might be interested in it says Uh u perfect love casts out fear casts out all fear well golly how can you possibly love your neighbor when you're spraying them with sewage how can you possibly um think about other people or represent the people when when you certainly don't follow the the the rule do unto others as you would have done unto you what could you possibly tell your children what you're doing so understand is that I'm I'm I'm uh uh this this U this is dated uh today this this what you just received and it is a draft of your misconduct and it says please be advised that I will again request invest investigation into your and City's misconduct understand this goes to the governor this goes to FEMA uh this goes to uh um FBI even because I'm not getting any support from anybody in Florida at this time for this misconduct of yours I I I see it as criminal activity on your part false reports and so forth that's a felony but I think you believe you have immunity and maybe you do immunity is politicians but um I question whether you do have immunity so I'll be filing reports requesting investigations of your Activity thank you thank you may I have exra time you're good I don't think so any other petition requests for the record my name is Dwight sers reside on Riverside Drive my wife and I purchased property in 2002 on Riverside Drive and buil a home in a dock in 2003 I labeled this as my Saga dealing with the sewer system on Riverside Drive in 2003 the old Grace Street lift station was still in use and sorely needed painting I asked the city manager Tom har and the utility director to do so but and if they would not I would paint it uh they did not respond to me so I went ahead and painted it the same color as my home I just had completed and my neighbor assisted me Ron noris because I had painted the great Street LIF station the Bay View lift station down the street and a neighbor complained because theirs hadn't been painted in the city did paint it thank goodness in addition to its appearance I quickly learned that the lift station that was located there after a significant rain event with SE sewage out the sides of it and overflow directly into the river I learned that by talking with the city staff because the liation when installed at tville high school was uh Force M was overpowering the grey Street lift station and it could not do its job and this occurred frequently I thought this was wrong that the sewage would overflow directly into the river and ultimately uh the great Street lift station was uh replaced trying to address the obvious flaws fast forward to September 2017 the hurricane irahi and caused significant damage along the river and extreme erosion the sewer Force main just north of Bay View lift station was exposed but not breached the city did a Band-Aid approach to repairing the exposed Ser lift station put some uh fabric mesh fill and some some small Cina Stones over it it was obvious that any future storm would not hold it in another storm and that's exactly what happened with hurricane mton this time there was a breach in the sewer system down the road and a significant amount of raw sewage went into the river and again it has been temporarily repaired shortly after Irma in 2017 we were told that the force man on the east side of Riverside Drive would be moved to uh the west side of the street matter of fact the Pro from kimley horn came out and flagged all the utilities my private electric lines into the road the water lines Etc hold up how much how much time you need probably two more minutes if I could please all right let's go two minutes please thank you thank you they flagged it and they told us there would be a community meeting to discuss the the the plan project this was four years ago we have never had a community Comm meeting in the meantime we have tried frankly to do our part to help clean up the river by participating with Bard zoo in the orer project the clam project the sea grass restor restoration project and obviously when the city allows raw sewers to dump into the river all our efforts are in vain it has been seven years and no progress has been made on relocating the sewer line the Force main to the the other side of the street and it's obviously a serious situation my petitioner request from you simply is have plans to reloc the force May been drawn and completed when will there be a community meeting as promised has the project been advertised for bid when will the job be started and completed what plans are there to stabilize and protect Riverside Drive from future storms which obviously it is in jaer Jeopardy did your consultant advise you you canot do the Sandpoint project and South Street project and not do the Riverside Drive project at the same time that he advise you that I do not fault Kevin Cook at all for this mess he has inherited however those in the administration and on Council for the last seven years have a duty and obligation to P protect the public health and wealth of your citizens and have you done that during The Last 5 Years how often have you asked what is the status of this project thank you thank you Dwight hey um a lot of Applause tonight I think we asked last week I think we asked the status of the project last yeah let me get with with Kevin real quick okay Kevin give me a little bit of a summary there because I can I know that you uh we just I think we kind of gave the summary last week as well but um clearly we have a project just being completed a $9 million project to move the uh sewer lines off the river and uh unfortunately we didn't get to all of it so give me a little idea of what we got going on sure the the $9 million is on the any River Force main which would be the section Beyond from South Street to ospry which is the last piece of directional drills done this week so that'll be coming online by the end of the the calendar year we'll have some clearance testing still to do so forth I think the area that Mr receivers is most interested in is Riverside Drive Force M so spoke to the consultant last week and we're advancing the Force main replacement ahead of the lift station connections and so forth to clear up the Riverside Drive we'll have that out to a contract by the end of the calendar year so we hope to have construction these are more readily available materials than any re Force main be complete by directional drilling we hope to have a schedule ready back to the council after the first of the year of when they'll be on site again this will take the Force main from the Riverside to place it under the road on the west side of the road uh placement by directional drill means less impact to the roadway itself we be able to drill a couple thousand feet at a time expedites construction and lowers the cost of having to open cut the entire Road um so we did shorten the project they'll break it into two pieces uh the remaining section along THS lift station will be done Crossing us will be done a separate phase in order since that section is further away from the river more protected it will be done it'll be done in a period 6 to 12 months beyond the first phase the other lift stations simal and Bay which is the uh resiliency project that fdp is assisting in funding which will eliminate the bayy lift station completely that's sitting at 90% as of uh about two weeks ago so final comments going in for that one which will move forward that will probably be about a three-year build because some itself might be rebuilt completely and at that time the baby lift station will be taken out of service completely and their gravity be rerouted to the C lift station Basin um so all those combining is about a threee to three and a half year window to get the force Spains in that area and the lift stations replaced all right thank you very much I can tell you that that is a project we get an update on at least I certainly have asked about it it seems like monthly um we've been looking to get the sore lines off the river and they're doing that and that's what all the construction's been behind the building here um and unfortunately there's time frames that we can't get to so that being said I'm assuming we have a second speaker yes okay thank you Dwight I'm laui sers I live on Riverside Drive a couple of weeks ago some statements were made by Council about the returning health of our River and I'm here to tell you that those statements are just partially true the return of seagrass beds may be true for mosquito Lagoon as my husband and my son have told me they look great and the east side of the Indian River where they like to fish but that's not true for the river within the city limits of Titusville 21 years ago when we moved to Riverside Drive the seagrass at our Riverfront was Lush and green and teeming with life when our now 16-year-old granddaughter was about five when she' come to visit she explored the river um and enjoyed all kinds of animals tiny crabs grass shrimp Needle Fish puffer fish baby mullet sea trout red fish blue crabs and seahorses sadly over the last 10 years we began to witness the gradual decline in the amount of sea grass and the types and numbers of animals and plants and fish that live in the water and there no mullet jumping anymore in the river and that day 10 years ago was the last time we saw a seahorse at our Dock and we have no Lush forests of seagrass only a sprout or two here and there and in spite of all of our efforts to try to restore it by participating in the zoo seagrass program we have very little success with any of that I would like it just to be known that even though possibly uh misquito Lagoon and the east side of the river are coming back with wonderful beds of seagrass is not happening in our city limits and I'd invite you to come to our dock sometime and you can walk out there and you can witness it the devastation that's happened in the last 10 years so they encourage you to stop putting sewage and run off into our River and what has been done so far to clean it up is not enough to stop what's happening thank you thank [Applause] you Laura I would agree with you that we are not where we want to be on the other hand I remember several years ago when I couldn't find a piece of seagrass out there so you have to celebrate to at least making that one step I think for me one of the things that we need to do is look at the septic tanks because like we discussed last week one one of our presenters came in a biologist and he was saying that the amount of sewer that we are putting in the river with the setic tanks 1.9 days is equal to a sewer bill so we're putting an awful lot of sewer into the river and it's overwhelmed it's overwhelmed you can't keep up no regeneration of anything with that kind of situation like I said last week I sort of felt like we were fighting an uphill battle and one of the things that I was going to ask tonight was if we could have uh Virginia Barker or one of the people from the Department of natural resource come and present to us so we would know what we were facing uh so do you want me to go ahead and make that motion hold on that hold on that hold on that matter of fact may wait till our time end and I would just like to add um save our Lagoon and I'm sure that uh some of you are very familiar with them and some people don't want to hear it but Savar Lagoon did a presentation two years in a row now and project delivery Partnerships meaning U who's completed projects uh City Titusville has completed more projects than anybody else with 11 The Bard zoo is second not even a city Coco Beach is third with six uh Marine Resources Council is five Melbourne's four Coco's three in Harbor Beach is two Palm Bay is two West Melbourne's two and it goes down with a bunch of ones I just say that only because it's not like you know we don't care I was here in 1965 when we had mullet jumping all over the place too and and it's very disheartening that that uh but then again back in the day all the sewage used to go into the uh everything I won't get into all the details but everything was supposed to go there and that's we we've pretty much ruined it and we're trying to unru it and we've got a real big job to do and it's going to going to take a lot of work and it's going to take all of us and we all have to agree all right with thank you for that um anybody else with petitions or requests that hasn't spoken we're going to move on to the main event all no we're not we're gonna have k k on K St an Maryland Avenue this is a democracy we live in that was my sewage that went in the spill but it's my job to make our Representatives know that I don't want my sewage in the river thank you amen neither do we I [Applause] agree I love that lady Michael my Jack Alpine Lane and recently back from the great state of Maine where you don't get to build if the water is on the land if it's wet you're 250 ft away from it period I wanted to uh let you know that there are other places that realize that water is important um one of the things that I learned when I was up in Woods Hole while their ponds are deeper than ours and they have a little bit more chemistry involved because of the depth uh it still revolves around too much nitrogen and too much phosphorus now in their case their city of about 70,000 people in fouth they're all on septic tanks and they're all on a mountain side on a Rocky Crest and their uh affluent from their septic tanks goes down into the rocks and into their groundwater and that's right where their Wells are so now they have this huge plume of pollution in their groundwater and they just voted not to put in a sewer system because of the cost meanwhile they have very similar problems their seagrass is dying they have freshwater inundation in their marshes and they have invasive plants taking over none of which they want down in the bayou in Texas same problem in our case we do have a smidgen of grass north of Titusville on the west side but there isn't much of anything else and all the way South it's mostly colura I saw the reports from Friday's Soro meeting the real problem is salinity when Milton hit our salinity dropped well below 20 parts per thousand we're down in the 13s right now right here around next Brewer Bridge stuff doesn't survive in an estuary when it turns fresh it's a completely different ecology and we've been I don't know how we fix good after stupid but the the flooding that we do with our storm water the way it goes into our Lagoon has been set up that way since the 1950s and we keep adding on to it making it bigger and bigger causing more and more flow causing more and more problem and it adds up you can see what we just saw reported it's adding up and it's getting worse we have to find a way to put that water somewhere else we can reservoir some of it but the real solution is going to be putting it in the ground into the surficial acfer using artificial surficial aquifer restoration and it's a process where we can collect that water in our Wetland areas and move that into where we need it as a resource thank you Mike [Applause] you anybody else else City maner uh to consent uh we have items A and C city council are there any questions of staff that you would like to um ask on consent agenda items A and C um no I don't see any city council do you want to pull U either one of the items I see none clerk are there um cards for this item we have one card mayor I'd like to read the two items for the record thank you consent agenda item 8A approve and accept the award for fiscal year fy2 bulletproof vest Grant consent agenda item 8 C authorize the mayor to sign permitting documents for scovie Park habitat restoration Grant all right Council anything on those call the card Tony Shuff for item 8 C 8 C 8 C chiffo Tropic Street ah what can I say at this point except don't do like you've done so many times before and shoot yourselves in the foot doc scobby park with scobby Park it's a prime public space for residents tourists and space Nicks to come and watch the launches across the Indian River Lagoon yes Save the shore Shoreline yes do it naturally yes save it with proven technology of a soft living Shoreline instead of fing it with rocks but don't wreck scobby Park as Rita and Mar Ellen did with Parish Park so that the people can't use it anymore preserve it without ruining its primary purpose a public gathering space with a view of the Space Center across the Lagoon don't plant mangroves that are going to grow up really tall plant other plants that will allow the Shor line to be maintained and allow us to still gather there and see the launches and the first boosters coming back and Landing don't spoil the view there's so little places that many of us that can't afford to live on the river can go to see it don't spoil the view plan the planted things plan them carefully thank you well said we just received one additional card from lur Lee Thompson Laur Lee lur Thompson 3550 irn Avenue Mims and I agree with Tony I mean all you got to do is look at what happened we had those beautiful mangroves right in the middle scobby Park and somebody took it on themselves to cut them down because it was blocking the launch viewing area but this is the first time that I've seen the plans that are have been proposed for scobby Park I don't think that you have enough Shoreline protection those little teeny tiny 17inch break Waters that they're proposing to put almost right on top of the Shor line are not going to protect the shoreline you need larger wave that area right there gets pounded during a Southeast wind I mean pounded and I don't think that they understand the Dynamics of what happens in that Cove because what they're proposing is not going to be enough to protect the shoreline and um I don't know if you know it but there is damage that happened to the um project on the north side of the causeway um they had pushed sand up against it to protect it but where they ran out of sand and there was no protection it's caved in you know just like we said would happen that you can't you have to realize how how the W Rising water and what's going to happen in the future is going to affect the shorelines here in Titusville so I think that that what I see in the proposal I don't think is going to be enough to protect the shoreline in scobby park it it need scobby Park needs bigger wave break further out in the lagoon to stop those big waves from crashing into the shoreline there so those little things that they got you know proposed to put in the water aren't going to be enough for scobby Park you need something like the the the wave attenuation devices that are sitting out on the causeway now you you have to understand the power of the W the wind and water and I don't think that what they've proposed is going to be adequate to protect that Shoreline so they'll put on stuff in and then we get a few storms and it in the shoreline it's going to look exactly like it looks like now thank you thank you Laur [Applause] Le any other cards on that no sir all right what's your point of order I have a I have a card [Music] on what multiple car no the card oh well all right member Nelson I do have a question no um that's for Kevin so one of the things that I was concerned about and I forgot to ask you apologize there's an outfall there at scobby Park is that by doing this project will we get rid of that outflow and secondly is there a way to shore up um what's happening so that we don't go through what what happened a couple years ago where I think it was UCF planted a native Shoreline and storm came through and wiped it out I know that's two separate questions so there there's two outfalls in scobby park one is an overflow from the roadside jinus is there okay that's the large concrete structure with the skimmer that got damage on the hurricane the other is a piped underneath that is actually the drains for the commons both will remain they're not being affected by this project they won't be removed as part of this project because those drains still need to get out um as far as protection uh this is a zoo project and IRL NEP project so they designed this uh this isn't a city project they're using city property but it's not it's a grant for the bar zo to install so their goal is to create a break water just to protect the living Shoreline they're planting the last time it was done it was living Shoreline with oyster uh Bas sand was involved UCF was involved this is taking a step further but this is a zoo project so they've completed this design so the goal would be that it would sustain through a storm but obviously takes time to see if it will or will not for the hurricane purposes but our outfalls will remain yes because they there's no reason to take them out then we still need to be able to drain the commons okay thank you member Nelson I would move to approve 9A and 9 C on the consent agenda that be eight 8 A and C on consent agenda thank you although I am somewhat concerned about HC and I am too but I look at HC as a start in a in a doing something but it's not going to be adequate and I and I agree and I understand that but I'd rather do that and get something started and stay on top of it so with that I have a motion do I have a second second uh I have a second for vice mayor uh roll call vote member Nelson yes mayor diesel yes vice mayor Robinson yes member stok yes member Cole yes consent agenda passes unanimously city manager we are now on 11a which is the Community Development block grant program CBD budget amendment for Action Plan implementation purposes staff is requesting that you approve the budget amendment to transfer Grant funds from a canceled task order aeom t005 back to CBD project account for continued implementation of the city CBG action plan for Neighborhood Services revitalization efforts Terry's here to answer any questions that you may have uh Council any questions on that Terry anything you want to give us on that or this sounds like we're trying to get things right yes sir I have I have nothing okay member Nelson so I understand that uh we can't use the cdpg funds for the Joiner Bill project correct um that's correct it the it didn't quite uh check all the boxes for the criteria for uh under hunts program okay I I don't have any problem doing it but I would hope that mid year that we go ahead and restore the funds to be able to go forward with this it seems like a wonderful project and I would hate for us to lose it member stal yes um do you have any idea of what you plan to do with the funds now that are getting back uh we'll be doing Street resurfacing Street resurfacing okay thank you all right anything else from Council call card Tony shff and then K Sange oh that's interesting chiffo Tropic Street the cdbg program other eligible activities such as Street repair to address substandard conditions will be pursued other activities that meet the objective Street resurfacing sidewalk improvements lighting improvements beautification improvements tree planting Transportation improvements staff is requesting council's approval of the budget to transfer the funds back to the original line for ongoing infrastructure and beautification efforts in the South Street Target area don't forget it's a Gateway staff can't offer any alternatives for Grant compliance come on Brad loss of the joinerville pocket park what a shame instead of convening a neighborhood meeting to discuss other possibilities Miss Franklin unilaterally decided to move forward with a very easy yet in places unnecessary expenditure street repaving so they send out an invasive survey requiring the income of every single person residing in a home to see if the Neighborhood meets the poverty level required for the funding of Street repaving when we wanted a park a public space where we could gather meet act neighborly relax and be informed of the history of jille our lost africanamerican business and residential neighborhood I don't want my street a very pedestrian friendly and bicycle friendly Street Brad which is now a cool light pavement to be covered over with black asphalt which will radiate immense heat in my tree impoverished area that district is noted on the census tree impoverished if you want to spend money on the poor people then get with the tree City USA program and the wish list the residents of West Titusville expressed to have more shade trees and public spaces to gather in instead of spying into the income of every single resident on the considered Street I surveyed my neighbors hardly anybody got this form I don't know why I did am I being surveilled asking my income my husband's income anyway instead of spying on the income of every resident try to find an alternative way to get the empty lot behind Blues turned into a useful space not a blight to the neighborhood on a Gateway Corridor South Street don't turn the money away put it to use in ways that you like to do give it to a consultant to come and tell us us how to turn that little area into a park hey Tony um okay K say k St a Maryland Avenue every time I drive along South Street I see residents sitting in this proposed Park enjoying the shade of the trees and discussing whatever they need to discuss build a park for the people on this city property Street Paving should be funded by city taxes not had money I have read the neighborhood revitalization action plan and attended several meetings this plan has a component beautification improvements through tree planting use the money for tree planting as a leader of the Titusville tree team we are keen on seeing tree Equity addressed with the planting of trees in low inome areas Titusville tree canopy has been measured for each neighborhood by American Forest some neighborhoods have only 19% while other neighborhoods have 55% guess which ones have only 19 the lowincome neighborhoods trees in neighborhoods provide many benefits reducing temper temperatures encouraging residents to exercise Outdoors resulting in less stress and less crime trees increase property values trees reduce flooding and reduce poll polluted storm water run off into the Lagoon the Lagoon brings $7 million annually to our region use these funds to plant trees thank you thank you [Applause] K vice mayor yes Terry did they um did you have a dollar amount that they were asking for out of the cdbg dollars for Jah Park um we have budgeted the 122,000 for the design for the um conceptual um studies and design the park equation itself has not been was not budgeted yet so the conceptuality of it you are you have paid for that but we paid for the services that were provided okay up to the cancellation okay thank you member Nelson and Terry that included the historical markers that we were going to put in that Park I'm sorry can you we were going to put some historical markers in that park I think that was part of the historic preservation um that's what I recall okay anything else member stok y Terry do you know what was there any conversation on um other options for that money and I say that and I know know I think we want trees but I also will say like a lot of the citizen complaints I do get are I need my road resurfaced and repaved too so I don't I I get both sides and I guess that's what I'm getting at like I want to make sure whatever the Citizens need in that Community specifically if their streets are bad I want them to have their streets repaved if it is tree impoverished I want trees there so yes we did have a a community meeting on October 4th with the affected um citizens of that particular area Okay uh we talked Alternatives what they would like to see um we did talk about tree plantings there was a difference of opinion uh the trees plantings would require the owners to maintain and they had some issue with that um but they did uh provide us feedback to move forward with tree plantings for next year and we'll take a look at that um and we discuss the streets uh as an alternative for this particular funding next year we'll include you know more beautification efforts with tree plantings and others they also mentioned um lighting uh as an as an alternative for that okay and I appreciate uh you sharing that because I think at for me at least when we're making this decision I want it to be what the citizens want in that particular Community um where will they will be impacted and then I think as we all know with grants when you receive a grant there are certain stipulations I mean that's just the what happens when you receive a grant so um thank you for doing that that was my concern is are we communicating with them and it sounds like we are so I'm okay with it um member Nelson so one other question so if we transfer this back then the city has the option of doing Street repair resurfacing sidewalk improvements uh lighting improvements beautification tree planting and transportation improvements so do we have an idea which way we're going this small portion that we're asking to be transferred back is the equation for all of those okay um it's not just going this particular to streets correct okay thanks anything else all right then member Nelson move to approve budget amendment to transfer Grant funds from Council task order AE M t05 back to cdpg project account for continued implementation of the city's cdbg action plan second motion and second roll call vote mayor diesel yes vice mayor Robinson yes member stokel yes member M Cole yes member Nelson yes pass unanimously City Manager on to item 9A which is ordinance number 41 2024 building Trad Services cleanup this is a first reading of this ordinance and the uh public hearing will be held on November 12th 2024 at 6:30 on October 2nd 2024 the Planning and Zoning commission recommended approval 60 City attorney will read the ordinance for the record all right and again technically this is the first reading and first first of two public hearings an Ord ordinance number 41 2024 an ordinance of the city of tville Florida amending the city's Land Development regulations by amending section 28 203 building Trade Services C standards for permited uses with limitations to incorporate amendments approved by ordinance 30 2022 and ordinance 29 2023 providing for severability repeal of conflicting ordinances effective date and incorporation into the code and Mr Parish here to answer any questions that you may have on this first reading of the ordinance and again I would say being the first reading there's no motion there's no vote and very little discussion anything you want to add Mr Parish this is again just a cleanup ordinance the main part that you'll see uh as far as the red line strike through of the of the code is on page 171 of your packet and if you have any questions about that I'll try and answer them Council anything any cards yes all right we move on to the next one thank you Brad City Manager on to item 9B which is ordinance number 42 2024 outdoor storage cleanups ordinance this is the first reading and first public hearing the city council will hold the final public hearing at its regular meeting on November 12th 2024 on October 2nd 2024 the plane and Zoning commission recommended approval 60 City attorney will read the ordinance for the record again this is first reading and first of two public hearings ordinance number 42 2024 an ordinance of the city of tville Florida amending the city's Land Development regulations by amending section 2854 use table and section 28151 outdoor storage a districts where permitted to to correct amendments approved by ordinance 25220 providing for severability repeal of conflicting ordinances effective date and incorporation into the code Mr parish is here to answer any questions that you may have on this first reading Mr Parish the main changes you'll see on page 184 of your packet uh it strikes out um this outdoor storage as a limited use in the M1 zoning district and the rmu 500 zoning uh they were intended to be ancillary or secondary uses to primary uses on those properties that are zoned in those districts you'll also see it on page 190 of your packet a strike through change there as well I'll try and answer any questions you have about that any questions from Council again this is a first reading there'll be no motion and no vote uh I see nothing from Council any cards we move on from there City Manager on to 9C which is ordinance number 43 2024 conditional use permit legal ad requirements this is the public hearing for ordinance number 43224 uh the City attorney will read the ordinance for the record ordinance number 43 2024 an ordinance of the city of tville Florida amending the code of ordinances to correct the unintended deletion of the advertising requirement for conditional use permits by amending section 3472 procedure for obtaining a conditional use permit providing for severability repeal of conflicting ordinances incorporation into the code and an effective date on October 2nd 2024 the planning zoning commission recommended approval 60 during review of the code of ordinances staff became aware that the requirement to advertise conditional use permits had been inadvertently removed from the code of ordinances specifically a portion of section 3472 procedure for obtaining a conditional use permit was removed however after removal of this language City continued to properly advertise all conditional use permit applications as required by Florida Statutes the ordinance proposes to correct the oversight by restoring the language in section 34 72 procedures for obtaining a conditional use permit Mr parish is here to answer any questions for this your public hearing Council any questions this is just a clean up but it is a uh second reading um are there any cards yes sir member Nelson move to approve ordinance number 43- 2024 conditional use permit legal a legal ad requirement I have a motion second from vice mayor roll call vote vice mayor Robinson yes mber stokle yes member Cole yes member Nelson yes mayor diesel yes pass unanimously C manager we are on 9f which is rezone 3-2020 Titusville Resort destination master plan ATT 10 Amendment this is the public hearing and um the Titusville Resort and destination master plan was approved on October 2021 by ordinance number 29 2021 and a site plan was approved by the city in October 2023 after those approvals the city's land development regulations Section 2872 assisted living facilities was amended to permit assisted living facilities alfs in Urban Village zoning District currently the approved master plan provides for a total 340 multif family residential units for building F and Building G combined sheets two and ordinance number 29 2021 the requested Amendment proposes 100 assisted living facility units in building F and 240 multi- family residential units NG GC sheet four and City attorney will read the ordinance for the record and Mr parish is available for you thank you ordinance number 44 2024 an ordinance of the city of tville Florida a minion ordinance number 29 2021 by amending the master plan and conditions associated with the Urban Village uv's owning District on approximately 22 acres of land located at 3550 South Washington Avenue to include an assisted living facility use provid for severability repeal of conflicting ordinances and an effective date Mr Parish the staff report begins on page 925 of your packet I'll just summarize as already stated the application is for uh to amend an existing governing master plan that governs this property on US1 between US1 and Hopkins Country Club and norvus drive uh the property is about 22 Acres the amendment is to change the use of one of the buildings from uh multif family development to a mult or apartment use to an assisted living facility if you recall several years ago or a couple years ago you approved an ordinance um granting or allowing that use to be permitted in this particular zoning District now the applicant is going through the process to amend the master plan to allow that use to incorporate that use in the master plan now the we went through the review criteria for the resoning so this is requiring the applicant to process this as a resoning so we reviewed it against the criteria for that it's in your staff report on page 932 of your packet we made the following findings and we make the following recommendation the request is to allow a new use and assisted living facility which constitutes a substantial modification to the master plan and requires approval by city council the request does not propose a change from the current Urban Village UV zoning declassification simply amends it an assisted living facility is a permitted use in the Urban Village zoning District the request does not increase the number of residential units or square footage of non-residential uses proposed for the site based on that staff recommends approval the request to to for the substantial modification to dismas plan uh at 3550 South Washington Avenue with the resoning or is described on page 94 I'm sorry the conditions that you see on page 949 of your packet which are attached to the resoning ordinance with that I'll try to answer any questions you have Council any questions okay um Jesse you guys want to come up and talk a little bit you are the applicant hello good evening hi I'm Chelsea Anderson I'm an attorney at Mangrove title and legal at 1530 US Highway 1 rocklage Florida and I here with Jesse Wright on behalf of Titusville Mall LLC and JW Resort LLC um thank you first of all to the staff for all their work on this application and this Redevelopment project as a whole um as uh Brad said we are here requesting the substantial modification to the existing master plan to allow the AL use and I think it was within the last year that we were before you um requesting the text amendment to allow the use in the Urban Village zoning now that that's been approved this is our next step amending our uh approved master plan to allow the use So currently um the ma approved master plan has two buildings that have um multif Family residential there's building F which is designated as a senior independent living which is basically a multi family residential building with an age restriction on it um and then Building G is just straight multif family and the current plan has 340 units uh combined in both of those buildings we're proposing here to convert building F from the senior independent living to Al use and uh proposing 100 beds and then Building G would remain multif family at 240 units so still 340 units total um so as the staff report noted we're not increasing any residential units with this modification we're not increasing any non-residential square footage um and as noted in the staff report there's expected to be a decrease in impacts on water sewer transportation and parking because the AL use is a less intensive use it has less Demand on those services than a normal multif family use um we are concurrently processing a site plan to add the AL use and incorporate it into the project but we do have an uh approved site plan right now um the staff report notes that there are specific requirements for Al uses um and we will meet all of those we're currently meeting them during site planning review um including uh we have to provide some additional outdoor recreation area that is above and beyond what's required for the overall development and it's only for the AL residents so we're meeting that um we'll comply with the State Licensing submitting the floor plans um to meet the dimensional requirements um so we're working through all that with staff um and at this point uh you know my client he the reason for the change he did some market analysis found that uh this would be a good location for an Alf use um there's a need for it in the city so that people are not driving their loved ones over to Orlando for care um and we're excited to be moving this project forward this is just one more step to get us closer to the completion of this Redevelopment if you've driven by the site lately I'm sure you've seen we're doing a lot of work we are um actively installing the working on installing the horizontal infrastructure so um we hope that you will approve this tonight so that we can be one step closer to making this uh Redevelopment project a reality um with that uh Jesse and I are here for any questions that you guys have on specifics um but that concludes our presentation oh Jesse would like to say a few words of course sure thank you on sir okay Jesse right 3461 South Washington Avenue what we're basically doing is we're changing the independence in your living to assisted living and that would be 100 units not 100 bits and that would be about 25 memory uh memory care and about a 75 it's a it's going to be a used to be a six story now it's down to about five story and the building um Building G that uh uh she mentioned is used to be like 7 story like about over 75 feet um and now it's going to be down to about six story so other than that be happy happy to answer any questions you have and I would just say I appreciate your effort I appreciate you paying attention to the market what what's going to work what's not going to work and that's what I see you doing here uh anybody from Council okay go ahead and have a seat guys I want to thank the city council and the mayor for everything that you've done for the last few years I want to thank the city manager and the City attorney and the staff especially especially Brad for everything that you've done I see some of the similar faces going back few years and I want to thank you for everything you've done God bless you thank you for staying on it um cards uh one card it's Michael my Jack first of all I want to I want to say I support this uh this change but I'm I'm also curious um what are you going to do about the the stuff underground gasoline spill that plume of benzene poison that's sitting in the ground that this building is going to be sit upon if you're looking for an answer I can only tell you that I've met with the county and Jesse too actually kind of got on top of it and um that would be more of a county thing because they're the ones who guide us and basically they are saying that uh the numbers aren't high enough to take action but they're not low enough not to keep measuring and that's the answer I got some of the long-term exposure effects from Benzene besides anemia excessive bleeding there's damage to the immune system leukemia reproduction effects and all kinds of adverse developmental effects now you may not expect that in a assisted living facility but if you're staying there and you're there long term and this stuff like radon is going to be wafting up through the ground through the ground floor it's coming into the building can't answer is going to be the result we need to do something to clean this dirt out before you build on top of it that's that's my point thank you Mike any other cards yeah go ahead absolutely you're the applicant uh so we have five Parcels uh each parcel we already have a um environmental phase one done uh the Assisted Living has its own parcel about two acres and there are no issues within that parcel or any other Parcels in the phase one uh what he was referring to is the Cumberland as you and I discussed in the past and U so that is something that we have to deal with at some point in time either you kick him out or you just I'm thinking about many creative ways to do things but none of them are normal say I'm here yeah thank you very much okay um no the cards member Nelson move to approve resoning number 3- 2024 tville Resort and destination master plan Amendment second and and that would include ordinance number 44 2024 including ordinance number say again 442 24 44 2024 44 2024 second I have a motion and second roll call vote just to confirm to that includes all the conditions there were conditions correct Brad yes with the conditions yes okay um member stokel yes member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes motion passes unanimously City Manager on to item 9 which is small scale Amendment SSA application number 1- 12024 State Road 405 in Singleton Avenue PD North this contains ordance city manager hold that thought um because I know where we're going now and I know my situation we're going to take a quick five I don't go anywhere quick five minute break and I'll be right back e e e e e e e e e e e e e e e only all right thank you very much we'll call this meeting back to order City uh manager on to uh 9d which is small scale Amendment SSA application number one -224 State Road 405 in Singleton Avenue PD North the applicant is requesting to change the property to the city's low density residential and conservation future land use designations and rezone the plan development zoning district with a master plan the applicant is requesting a smallscale comprehensive plan Amendment with a rezone of a and a master plan on 38.6 5 acres for the purposes of constructing a town home Community with residential amenities consisting of 70 individually plotted platted uh Town Homes the Planning and Zoning commission acting as your local planning agency recommended approval to the land use 43 the commission recommended approval of the rezone ordinance with staff recommendations and conditions allowing conductivity to Highland Terrace as a proposed in the master plan also adding uh the addition of the following two conditions increase setback of 72 feet on the East Boundary the purpose of traffic Comming measures with the submitt in the sketch plat Building height no long no greater than 40 feet the Commissioners that were opposed were concerned with the building height losing commercial land use drainage needs to be addressed and access to Highland ter Terrace should be replaced with a driveway directly onto 405 in addition the PD master plan will cause traffic impacts residential neighborhood per section 35 correction 335 A2 of the code City attorney will read the procedures for quasi judicial along with ordinances number 37224 and 38 2024 correct this public hearing on ssa1 2024 has stated will include both the luse ordinance which is ordinance number 37224 and the resoning ordinance which is 38 2024 therefore anyone who desires to speak on this small scale Amendment either the resoning or luse ordinance should address both ordinances during your speaking time at the close of the public hearing Council will consider each ordinance and vote on each ordinance separately during this public hearing portion of the meeting anyone wishing to speak on this quasi judicial item must first sign a again the ronei Quasi judicial the land Ed to be legislative must first sign a public hearing agenda card and sign the oath contained thereon swearing to tell the truth the full truth and nothing but the truth these cards are located on the table at the entrance of the chamber and should be provided to the clerk those speaking in favor of a request will be heard first if you have photographs sketches or documents that you desire for the city council to consider they must be submitted into evidence and will be retained by the city please submit such exhibits to the city clerk city clerk have you received signed oath card from persons wishing to speak before the city council swearing to tell the truth the full truth and nothing but the truth yes the staff and applicant please ensure that all witnesses that intend to speak have signed an oath card and presented it to the clerk if there's anyone else present who has not signed an oath card that wishes to speak on a quasa Judicial item please submit a card to the clerk at this time city clerk of all agenda items been properly advertised yes sir in the event that a council member has received in next partake communication either verbal or written outside of this hearing the council member shall disclose the identity of the person group or entity with whom the communication took place and the subject of the communication including all opinions or facts discussed any written communication must be disclosed and made a part of the record also in the event that a member has conducted an investigation or site visit or received any expert opinions regarding the qual judicial item said visit or opinions shall be disclosed so and then again we'll we can discuss um your disclosures on D and then we'll do that again when we get to item e all right uh City attorney give me again the procedure that it sounded like you said that we will hear d and e separately or no yeah item D is a separate item we will hear the lanus Zoning for item D and handle item d by itself you will then move on to item e okay so two very separate totally different yes sir okay so um so at this time it'd be appropriate if there's any expart disclosures say that again it would be appropriate to discuss any expart disclosures if any with regard to item anybody on Council have any conversations or anything with anybody on this member Nelson short conversation lesie Philpot who was commenting on the hurricane creating a pond in her backyard so I guess it impacts it uh anybody else Council I see none no discussions that we are aware of all right so at this time we would we'll read the ordinances okay thank you ordinance number 37 2024 an ordinance of the city of tville Florida amending the code of ordinances by amending ordinance number 60 1988 which adopted the comprehensive plan of the city of Titusville by amending the future Lane use designation on Lane located at the northeast corner of the intersection of South Singleton Avenue and State Road 405 South Street from low density residential to conservation on 5.01 plus minus Acres of property commercial high intensity to conservation on 049 plusus Acres of property and from conservation to low density residential on 63 plusus Acres of property and Commercial high intensity to low density residential on 9.05 plus minus Acres of property having partial ID numbers 22 35 0500 750 and 22 35500 752 providing for severability repeal of conflicting ordinances and providing for an effective date ordinance number 38 2024 an ordinance amending ordinance number 5 1993 the city of Titusville Florida by amending the zoning map made a part of set ordinance by reference by changing the zoning classific on land located at the northeast corner of the intersection of South Singleton Avenue State Road 405 South Street from the general use gu zoning District to the plan development PD zoning District on 8.11 plus minus Acres of property the neighborhood commercial in zoning District to the plan development PD zoning District on 9.55 plus minus Acres of property the open space recreational o zoning District to the plan development PD zoning District on 63 plus minus Acres of property having partial ID numbers 22 355 00750 and 22 35500 752 providing for separability repeal of conflicting ordinances and providing for an effective date Mr parish is here for a presentation prior to the public hearing Council uh I'm just going to direct you to page 209 of your packet it's the second page of our staff report and I'll just uh call out uh different pages of your packet to kind of describe this application and what's being proposed um on that page 209 of your packet uh the applicant is proposing to change the land use of three land uses into two you can see on that table there called property information existing use future land use and zoning and where it says future land use that is existing land uses on the property it's low density residential which allows five units residential units per acre commercial high intensity which is our most intense commercial land use category and conservation if this amendment is approved uh the result will be the elimination of the commercial high intensity and the result would be a reconfigured conservation boundary and a reconfigured low density residential boundary underneath all of that you will see a planed development zoning governing everything with a master plan attached to it with conditions attached to the PD resoning ordinance on page 210 of your packet you'll see uh a comparison of the different underlying zoning districts and the development standards of each and the result at the end so you'll see there at the bottom of that page 210 area height bulk and open space requirements and you'll see the proposed state road 405 and sleen PD the PD resoning ordinance and the minimum floor area for each dwelling unit would be 800 square F feet consistent with the code for a PD maximum height would be 50 however uh there is a request I'm sorry one of the conditions that pnz the Planning and Zoning commission recommended was to reduce that down to 40 building coverage be 40% because the property is located in I'm sorry maximum impervious coverage would be 40% because the property or this development would be located inside the city's area of critical concern that's our wellfield areas uh front yards for the individual Town Hall which are proposed as part of this development would be 20 ft uh front yard setbacks and interior side yards would be 10 ft uh the existing neighborhood commercial zoning District which is underneath that commercial land use commercial high-intensity land use will be removed if this amendment is approved in other words the land use amendment is approved and the resoning is approved these are two different actions you'll have to make tonight uh and then the result will be the uh I'm sorry the GU the general use zoning will also be eliminated there will be some portions of that will be remaining that are o or open space and Recreation but the majority of the site would be plan development zoning you look on page 21 of your packet the density that's being proposed is two what I'm sorry 211 you'll see a table there uh that illustrates the maximum density or the number of residential units being proposed uh the current entitlement is about six units for all together and what they're doing is increasing it to 70 but again that's replacing the commercial the PD the plan development zoning District requires that the applicant propose a minimum of 35% open space the applicant is is proposing that um open space is supposed to be picnic areas walking trails Recreation areas uh the alant has proposing that what I illustrate what that is I'll point it out to you in an exhibit uh we are going to suggest that they enhance that with the submittal of their sketch plat a town home development requires an extra step a plat and so if this resoning of this land use amendment is approved with the resoning and the conditions in the master plan then they the next step is to submit to us a sketch plat and that is the conceptual drawing that needs to be submitted to the Planning and Zoning commission for recommendation to you uh for the layout of this subdivision of land once that step is approved then they go on to the next step which is the preliminary plant and the site plan and Engineering at the sketch plat we are recommending that at that stage they submit to us more uh amenities as far as Recreation and it'll be judged at that time that's one of the conditions we recommended in the plan development zoning we did go through the require criteria as far as reviewing an amendment to the comprehensive plan and we also reviewed the criteria of the resoning against the criteria in the code and I'm just going to shoot to the findings and recommendations which are on page 229 of your packet we made the following findings the comprehensive plan if you Le Your Land use small scale map amendment is consistent with the city's comprehensive plan the resoning and conditions of approval are consistent with proposed land use Amendment City's comprehensive plan and the Land Development regulations including plan development zoning criteria described in section 33-8 and 34-40 of the code the master plan was also reviewed against separate criteria related to a master plan we found it to be consistent the proposed land use Amendment the city's comprehensive plan the ldrs and the master plan requirement described in chapter 34 Article 2 Division 3 of the code based on this the staff recommends approval of the comprehensive plan Amendment we also find uh we would recommend that if that amendment is approved that that we also recommend resoning uh the resoning petition which is the plan development resoning with the conditions and the master plan we've summarized some of those conditions on page 230 of your packet the full list of those conditions are in an exhibit as part of the plan development resoning ordinance which I'll point to in a moment some of the conditions I'm just going to highlight is again that they submit to us a final recreational plan to be submitted with the sketch plat at that stage illustrating the proposed recreational amenities including interconnected stabilized sidewalks and walking trails within the open space areas and confirms with the minimum open space acre requirement side setbacks will be increased by 1T for every 2 ft of Building height over 35 ft measured from the bounding of the PD the developer shall work with the city to adjust the layout the master plan in order to preserve upin area scrub areas and trees and buildings may be relocated or rearranged outside of the required landscape buffers so if you remember the plan supposed to have or this development is supposed to have a minimum landscape buffer perimeter landscape buffer about 20 ft within that building envelope is where the buildings can be realigned so so when they submit to us the sketch plat and then subsequent to that the M the site plan it does not necessarily have to be 100% consistent with the layout of the master plan if there's room for rearrangement we'd like to work with the applicant on that especially when it comes to trying to preserve trees uh we also stated on the fifth condition here that direct impacts to Wetland number one or Wetland number three in addition to that which is Illustrated already on the master plan will require an amendment to the plan development so they are proposing specific uh impacts to Wetlands as part of the master plan if later on they decide that they need to do additional impacts that it's going to require an amendment and have to come back before you the plan development resoning ordinance is on page 248 of your packet but I'm just going to jump to two page I'm sorry to page 255 rather of your packet and that starts the full list of the conditions that will govern this property it lists the uses that are permitted Town Homes common recreational areas and then there are also development standards including a maximum uh dwelling unit count of 70 for the town home development in addition you'll find the amendment procedures here which I've already described on page 261 of your packet is the master plan you'll see on that page 261 the proposed number of residential units and how they're laid out at that northeast corner I'm sorry um northwest corner of South Street and Singleton and the property or the drive or the road rather that would go through this development will connect to an existing subdivision stub out and then entty out onto Singleton Avenue they are proposing to conserve several of the Wetland tracks I'm sorry the wetlands into tracks as part of the plat so you'll have the entire development will be divided into separate tracks Parcels if you will each parcel some of those major Parcels will be common areas and those will where the wetlands will be located and they'll be maintained by the homeowners association on the next page 262 of your packet is the open space illustration associated with this master plan the future land use map is on page 298 of your packet and this is the side by-side map that shows the existing land use versus how it will look if the land use amendment is approved I do want to point out again that the commercial high-intensity land use if that this amendment is approved will be minated and the cons the acreage of the conservation land use will be increased from 19.6 acres to 242 Acres the low density residential land use will be increased from 9.7 to 14 on page 299 the next page of your packet is the resoning side by side you'll see the existing zoning Districts The O zoning the GU zoning and the excuse me the neighborhood commercial the NC zoning inside that subject area boundary that red boundary and then on the map on the right side you'll see the result the majority of the Development Area will be in the plan development zoning uh just going to point out some exhibits in in your packet on page 307 of your packet is a preliminary concurrency that the city does with every uh application that comes in uh we did not find a concurrency issue uh they did submit to us a traffic study for this development plus an adjacent application that is on your agenda tonight as well uh there is an environmental report the on page 308 of your packet it was submitted for both this application and the uh application of your next agenda item the traffic study which is a very comprehens of study and and the methodology was negotiated with our engineer is on page 323 of your packet um the applicant can describe more about that but based on our findings we did or our reading we did not see any uh recommendations for any specific Transportation improvements that were necessary to accommodate this this development the school concurrency report is on page 549 of your packet with that I'll try and answer any questions you have council member stokel yeah so Brad if it were to stay as it is right now this commercial and low density residential what would the access be um if if it if commercial and ldr War to be developed now would they have to come out in Singleton would they still connect to the neighborhood would they be able to go out in 405 a commercial development both so like I know it's switching I I see the side by side so if say they didn't come before Council and an applicant were to come in and develop it as the land use is right now in zoning um what would that potentially look like as far as the access points well the current layout so I'm looking at page 29 8 of your packet and looking at the land use map on the left side of your screen so the current configuration commercial could potentially have an access point coming out on the Singleton or to South Street if it's a retail development which should be consistent with that land use uh the property that or the portion of this property that has the low density residential just east of that or North East M um uh looks like it would probably only be able to utilize the access point from that land use off South Street in that case but there's nothing if these are all owned by one property owner they could be combined as one unified development have cross AIS between the different uses okay and I'm mentioning that because I know that's one of the uh points that got brought up is the access point so um if they were able to go out on Singleton and South Street if it was to be developed now and I know uh as it stands right now with the application it would have connecting uh to Highland Terrace does that have to still connect or could there be a potential option for it to have access Singleton and South Street I believe the traffic study did look at that that scenario I don't know if that was their their original intent but our reading of that traffic study is there is an illustration that shows an access point going out onto South Street and that was supposed to be a worst case scenario okay if you give me a moment I'll see if I can find that in that traffic study it does show I don't want to presume until I see it but I thought it did go to Highland as well so it looked at it looked at all the different intersections and driveways to see what could be the worst case scenarios far as distribution of traffic I could see just looking at the map I could see the neighborhood you know that's already there on Hill Crest and Highland I could see it being easier for them to come out through this to go through I'm not so sure if this development would want to kind of cut through Highland I don't know what the benefit would be but that would be an option if it were to open up and I we'll have to wait to hear from the citizens if that's a concern of theirs um I don't see how it would be quicker to go through the neighbor existing neighborhood but I I could see if they have concerns about it being connected that was one of my I have a couple other questions the illustration I was referring to is on page 354 of your packet in the traffic study okay so it do and this is worst case scenario you said I'd like to leave it to the applicant to describe that but my understanding that was my reading in this is that they were looking at Broad picture if we had as many outlets as possible or driveways as possible what would happen Okay so and so for me as we move forward in making a decision one of the things that I would want to know is what are options with these what would be the pros and cons um of that to make a decision regarding the access points um my second question is I know they're proposing Town Homes is Town Homes considered in the low density or is it considered in medium density land use can be in both it can be in both yeah it just depends on the number of units and this one's considered low density because it's a lower number of units proposed well the land use category is called low density and that has a maximum residential unit count of five units per acre okay so as it stands right now the number of units that they're proposing uh they could propose aside from the commercial space um that's on here right now they could propose five units per acre on the other portion that's already Z already has the land use of low density correct correct okay um hang on I have just a couple more the page 261 of your packet on the master plan they've identified based on the approved land use the land use would allow five units per acre but what they're proposing is two units per acre according to their master plan okay so low density land use allows up to five units per acre and this this piece of property already has part of it is the land use is loow density they're proposing two units per acre okay that is helpful to know thank you based on the approved Amendment as they proposed correct um okay um Building height can you clarify uh what building height could be allowed now um with the commercial and the low density land you said is already there versus what they are proposing what is the difference there so the building height allowed in the commercial and the low density well I guess low density will already it's they can't go above what's already there well the height is is is a development standard that you find in the code in the zoning districts um so in the if you have to give at the GU zoning District which is currently governing on this property um I believe it's 35 ft I'll have to confirm that for you okay and then the the neighborhood commercial zoning District may have its own separate Zone uh height maximum as well so I guess what I'm getting at is again if they didn't come before Council and they were just to go develop this property as it the land use and the zoning is currently how high could they develop it versus what the applicant is proposing believe I mentioned there was a table that I pointed out to you in the staff report I did that comparison on page 210 of your packet okay yes the neighborhood commercial zoning district has a maximum height of 35 ft the general use zoning District also 35 ft and same in O okay and can you just restate again what their height they're they're proposing for their development their uh master plan proposes 50 ft at the Planning and Zoning commission they recommended a condition down to 40 ft and I recall the applicant concurring with that but they would have to answer that that was a yeah maybe I'll answer of the applicant I want to say at the first hearing that the applicant was uh in was in agreement with all the conditions so okay so the height uh would be 40 ft Max and right now it could be uh 30 ft 35 ft um okay and then my last question is uh all right I think I have two more uh can you clarify if in the staff report I know one of the concerns was flooding and drainage um how that was looked at by staff from what the applicant is proposing how that is addressed or if that might be a better question for the applicant I can wait on that one is there page or specific comment that in the staff report can you do you know or do you can that's asking you okay if that or when the staff was looking at it if that was I'm assuming that was part of you know looking to make sure that that was addressed and I'm sure the applicant has addressed it on their plan but if that could just be clarified because I know that's one of the concerns that are probably going to get brought up so storm water requirements are typically looked at at the site plan stage okay so we typically don't look at that here at the land use stage unless we see something really egregious that needs to be addressed we may recommend certain conditions as part of this we didn't see the need for that at this stage okay so specifics as far as how they'll meet the storm water requirements will be dealt with when they submit to us a site plan okay and then I guess my last thing it's more of a comment than a question to me it looks like just from going through this our big thing that we're going to be looking at is currently we have about 15 Acres of commercial and low density residential so as it stands it's developed developable property so for somebody to come in and do commercial somebody to come in and do low density residential 15 Acres um what the applicant is proposing um is to do 10 acres of low density residential and then move five acres from low density into conservation which I think is a great thing um we're preserving that because right now 15 Acres could be developed this is proposing 10 acres to be developed um so that was kind of my I I would be I would want to hear comments regarding that so as it stands just to clarify somebody can come in right now and develop on 15 Acres what they're proposing is to develop on 10 acres so if you're opposed to it I would want to know what are your concerns with that happening that would help me in making my decision and I think that's all I have member Nelson and I agree with member stokel I brought my trusty map uh and as you can see going through through the city coming through here we have a lot of wetlands and my thought and I think council's thought has been we need to preserve those Wetlands as much as we can oh sorry yeah yeah thank you thank you thanks I'm not look up thank you okay we have a map there you go of the city and it shows where our wetlands are in green and as you can see starting Garden Street let's start at Garden Street it comes through the wetlands come through the city center of the city and when I started out one of the things that we wanted to do and I think all of us did was try to preserve those wetlands and keep them from being developed um my concern with this particular project is I want to make sure that there's no flooding um especially since we just came through that hurricane and it seems like that 100e flood or 100e storm is now you know every other year yeah every five years you know um so I do want to preserve the wetlands but I also want to make sure that we do it correctly and that we make sure we don't flood anybody um um and that we come up with something that is good for all of us all right anything else on Council okay uh Brad anything from you are you good yes sir I think the best thing to do now and and so you guys know procedurally what we do on on a situation like this quaza judicial is the applicant will present after the applicant presents then we take cards or whatever we do over here we're still not sure are we but anyway so at this point I would like to hear from the applicant obviously name and address for the record please yes um good evening mayor and councilman um my name is Anna long I'm an attorney with the law firm of Dean me I practice out of two of our offices 7380 Morel Road Melbourne as well as 420 South Orange Avenue in Orlando with me today is also kby and James Taylor they're both with kimley horn who is the applicant on excuse me who's who are the Consultants on behalf of the applicant and the applicant representative rich rosello is also here to answer any of your questions um they will get into the technical aspects but a couple of things I heard loud and clear that I just want to reiterate at the beginning and respectfully request opportunity for rebuttal um the north portion of this um development which is item 9d uh consists of where did I do that 38 acres total okay 14 plus or minus of those acres is developable and 24 plus or minus of of those acres are currently Wetland so a total of 38 this development if it is if the comp plan is approved as amended and the zoning is approved as amended um they would to be preserving as conservation over 24 Acres so they you'd get back more than you currently have and while you have a land use called Conservation Area it's not under a permanent conservation easement and moving through this process as part of the process they would then be designating that Wetland area as a conservation easement in perpetuity through the permitting process with the Water Management District so I just want to make sure we all heard that loud and clear I heard earlier from the lady on the historic preservation board how important it is to preserve the wetlands and this applicant believes that as well so without further Ado I will ask that the uh kimley horn folks address the issues of the conceptual plan at this point as well as Transportation because I know those were two big issues they yeah they have a presentation that they want to show here we go good evening everyone uh thank you for the opportunity to speak my name is Alyssa kby I'm with kimley horn um uh our office is located at 7341 office Parkplace suet 102 Melbourne Florida 32940 so our short presentation today just went through we want to go through a few different items first a few project highlights second discussing the few uh recommending conditions of approval from the planning and zoning board meeting on September 18th for this project and then the third item is some items of discussion or concern that we heard from both the Planning and Zoning Board while they were um discussing the project and then some from some of the public feedback so uh I believe this is in your packet but this is from exhibit B this is the uh master plan that Brad was talking about earlier so a few of the project highlights first I wanted to note and thank staff again for their help through this process the applicant is in agreement with all the conditions uh of approval that staff noted and that Brad read earlier today in the staff report I wanted to note that uh and reiterate that he noted the project the proposed project meets and exceeds uh the PD code including the required open space and Recreation we also have adjacent residential units both with the adjacent neighborhood to the East and then across Singleton as well um and so with rezoning from this neighborhood commercial to you know it's got a split zoning where it's got the neighborhood commercial and um the general use with the uh different land use associated with a commercial project and the ldr low density residential we'd be moving fully to low density residential um and conservation as land uses but that is consistent with the neighborhoods to the other side with um being residential units and uses as well as uh anal long had just noted we propos minimal Wetland impacts and I'll just go back really quickly if you see it might be hard to see on this screen but um there's a light blue shaded area at the connection to Singleton Avenue and that represents where our proposed Wetland impacts are in one location and then the secondary locations are on the uh eastern boundary near that connection to Highland Terrace so most of those Wetland impacts that we do propose uh they're just over a half an acre uh they are for interconnectivity the roadway the reason we connect at that location on Singleton is to line up that driveway with the adjacent neighborhood on the other side and so unfortunately we would need to cut through that isolated Wetland however as anal long noted um and Brad had noted in his staff report we are conserving uh the additional Wetlands next we also are proposing additional Wetland buffers so if I go back to this you'll see that red dotted line uh that kind of Jags around the uh Wetland area which is the area and white that's the the Wetland delineation that the applicant had done by their environmental consultant and so that is the updated Wetland delineation and you see there's an offset about average 25 ft from there to where the green hatching shows and that's our proposed developable area so we're proposing an average 25 foot Wetland buffer on top of and past the Wetland limits to help offset any potential secondary impacts to the wetlands and so this is usually we work through this with St John's River Water Management staff um it's an average of 25 ft adjacent to all of those wetlands and then finally the small scale Amendment proposes to keep the additional Wetland areas in the conservation land use eement uh land use as staff and Anna had noted and then the only other item I wanted to note that isn't on this slide here is that U with the existing neighborhood commercial use um there are a myriad of different options of somebody that could come in and and develop it uh as as member stle had noted um but but usually in James Taylor who's our traffic engineer can get into this a little bit more but residential units uses are usually lower generation of traffic than a than a commercial use so next we'll move into the recommended conditions of approval from the Planning and Zoning Board uh meeting on September 18th uh and Brad had noted a few of these but we'll go through and then I've also noted the applicants response so the first condition is reducing the maximum allow album Building height from the requested 50 ft to 40 ft uh 50 ft was the allowable within the PD zoning District but the applicant is in agreement that they're um accepting of the condition to decrease to 40 ft explore the traffic calming measures at the proposed connection point to Highland Terrace so moving back to this master plan you can see that there's a proposed connection to Highland Terrace right now there is an existing roadway stub um and uh we're showing connectivity at Singleton and Highland Terrace to show connectivity I think uh in at the plum zoning board meeting it was discussed with staff that you know better design is to have the interconnectivity between the neighborhoods rather than having two isolated neighborhoods adjacent to each other for both emergency Personnel um if needed uh or for just overall interconnectivity and flow but um at penan zoning one of the conditions was to explore traffic calming measures at those proposed connection points and so two options were discussed at the P&B board one option was what was listed as a condition of approval which is the traffing calming methods and the other was making the connection and emergency access only with a proposed crash gate uh the applicant is amendable to either option and so they are in agreement and will agree to the condition uh of approval from Planning and Zoning Board um but it'll be noted that I think from the overall General consensus of the public they uh would prefer the latter of the two and lastly the condition to increase the EAS Eastern side buffer to 72 ft when the project is adjacent to the existing single family development so looking back at that Master Plan there's only a few units that are really adjacent to that uh neighborhood to the East and so the planning board plans Zing board discussed increasing that buffer right now and you can't really see it the call out notes that it's a 32 foot buffer on that south side of the road for the buildings adjacent to the adjacent for sales estate subdivision um I'd like to point out that the the minimum landscape buffer uh required is 20 feet and so we do propose a 32 foot buffer there so that is a significant increase over what is required by code we also designed that intentionally because there is a large cluster of uh scrub Oaks in that green space that's noted as Recreation lawn where we have the walking trails kind of that breaks up those two buildings to the East and then the remainder of the buildings in that row so we did engage the applicant engaged the landscape architect to provide some preliminary feedback uh as we were going through this conceptual master plan on some of the areas that would be uh that they would be interested in looking at preserving trees large clusters that would grow and and be cohesive together rather than the uh individual maybe sparse trees here and there and specifically over a certain dbh or or tree with and so with increasing that setback to 72 feet um it could put the project the design right here just in a little bit of tension with saving those clusters that we've identified specifically designing around that uh and the buffer there but understanding that the applicant um can agree but they've also offered up that they would do enhanced landscape buffer buffering in that buffer to the South adjacent to that single family home so in conjunction with the 40ft building height and increased enhanced buffering in that area um they believe that would be another good option to discuss rather than keeping with the recommended 72t buffer which um I believe the planning and Zing board member just they wanted an additional 40 feet on top of what we're already providing and again reiterating the the requirement by code is 20 feet and then a few items of discussion or concern that we heard from uh you know planning and zoning board members as well as the public that I I kind of summarized a few of the larger uh more consistent items that we heard a few different times the first is access to 405 in South Street and I know that that was brought up tonight as well the first I'll note and James Taylor from kimley horn who's the traffic engineer will come up and answer uh and speak to some of the traffic study but the uh site plan shown in the traffic study was an older site plan concept uh before kimorn was engaged as the civil engineer on the project the applicant was going through some conceptual site plans with another entity however kimle horn was doing the traffic on the project um at that time that concept was what was being thought of uh that concept is not shown in this presentation but it it showed a connection to 405 however it also showed that we were impacting all of the wetlands in that Southeast corner of the project in order to provide the necessary spacing from Singleton Avenue to provide uh that dot would allow in our pre-application meeting on this concept for the master plan that you're seeing uh dot noted that uh they they wouldn't really recommend a another connection to 405 for the north as for the South because that one is a little bit more landlocked they don't have the option of connecting to Singleton like the north does they need the two connection points and so the South again different entity but it kind of plays into why this one doesn't have a connection to 405 they would be showing a connection right up to Singleton Avenue and then the other on the other side providing the required separation that do allows with that additional access for the South plus the access that's existing for Singleton um dot felt that it would be too many access points and not enough adequate space to provide another access for the north onto 405 they have uh stringent separation requirements depending on the speed of the road and James can speak a little bit more to that but that was why an access may have been shown on a this the traffic study originally it was done a while before and when this project was going uh and moving forward with this New Concept we had reached out to staff and asked if we needed to update uh some of the traffic study at this point but it was done for a larger unit count with a very similar prop proposal of a PD with land use you know town home or single family units and so at this juncture they felt the traffic study captured a a more conservative scope of the impacts could be so that's I just wanted to clarify that of waybe why there is an older concept done at that point uh the connection to Highland teras I outlined in uh earlier measures that the applicant is agreeing with the uh condition of pnz approval for traffic calming methods or the other option discussed emergency access only with a crash we discussed uh a lot of questions were raised about Wetland impacts and I I'll reiterate and not to talk it to death but we did talk through that we're really providing minimal Wetland impacts at really Clear Connection points for roadways uh to be strategic in the design and we're trying to maintain and provide minimal Wetland impacts for the adjacent Wetlands on the property it was brought up uh this was brought up at the last city council meeting by I Believe Miss Mary Spar about that there is an adjacent 91 acre parcel near the project that the applicant owns uh it was discussed at the city council meeting and the applicant came up and spoke that this additional property was not included in the formal boundary survey associated with the part or with the sale of the other parcel so when this project was started the parcel was not owned uh and maintained by the applicant and so at this time they do own and maintain that parcel however it is primarily Wetlands as you can see in that bottom sliver it notes where that Wetland delineation kind of moves into that parcel um and we had a meeting about this with uh City staff and with Richard uh the City attorney uh and discussed the following this additional parcel will remain outside of both the PD boundary and the plat boundary it's intended to be deed to the HOA via a separate instrument so not via the plat or the PD boundary so to make sure that those items match what is being approved or requested for approval tonight uh the applicant intends for this partiel to be included within the formal what we consider Erp or environmental resource permit boundary that we will submit to the Water Management District so it can remain as the remainder of those wetlands in a conservation easement uh and this was discussed with the applicants environmental consultant and uh confirmed and then as I noted we had a meeting with staff in the City attorney on October 3rd to discuss this plan of action and all parties noted that this seemed to be a reasonable course of action that uh gets the project or gets the property put into a conservation easement however it will still match the plat and PD boundary because it'll be deed via separate instrument and then a few items I'll touch on some storm water and James can touch on the traffic uh I won't read all of this but there were a lot of questions from the board and so I wanted to put this into the presentation about what codes uh and what requirements we would need to be designing to I know there's a lot of concerns about um Development coming in and potential you know increasing known issues of storm water or flooding and so with this uh we would need to adhere to both city of Titusville which is the local code and St John's River Water Management District which would be the state code governing this County uh and so there's multiple uh you know city of Titusville has Chapter 30 they have section 7 which is their technical manual on storm water and I'd also like to point out that they're in this Project's in that area of critical concern so we know that we're also limited to a 40% impervious uh acreage total for the full uh developable project and they have their own storm water criteria that are above the standard storm water criteria for a project outside of the ACC just because we know the ACC is very um special and and needs to be a protected area in the city of Titusville and so due to the proximity to Wells and so there are additional development standards including storm water standards that applicants need to meet and then St John's governed by their environmental resource permit handbooks and so some of the things that we would have to go through and as Brad noted it would be later in the process usually around the time of site plan or full construction plans um it would be a a a water quality analysis making sure we're providing the correct water quality and treatment volume before any water discharges off of our property based on what we are proposing um we are not legally allowed to to discharge more storm water uh in the post-development condition than what we do in the pre-development condition so what the the current land does uh you know we calculate a pre-development discharge rate we work with staff at city and state levels to confirm that and then we show that we cannot exceed that limit in our post-development analysis and then we also analyze the this um staging of like storm events of running those larger storm events and uh that ponds can recover and stay dry that they you know we're not designing dry ponds that will be wet for longer than is allowable by code uh as I mentioned we're not allowed to discharge more this is from City of Titus directly from the code so just reiterating what we will need to work with staff on and they will review to make sure that we are in compliance with these code developments the first just says post-development runoff for the development or Redevelopment shall not exceed the flow timing or volume produced by the conditions existing before the development within um the applicable design storms whichever one is uh applicable for this particular site and then you know their releas storm water shall be released at a rate in a manner approximately uh the natural flow which would have occurred before development so again pre versus post and St John's notes very similar things about pre versus post but that was a big discussion point at planning and zoning so I wanted to make sure I took some time at the beginning and and laid some of this out about the code requirements that we will be working with both city and state staff to show that we meet and then I'll pass it to James thank you much for the record James Taylor kimley horn and Associates I'm assisting out of the Orlando office at 200 South Orange javu in Orlando um as has been discussed at some length tonight there was a traffic impact analysis that had needed to be conducted as part of the site um we actually combined both the 9d and the 9e parcels into one study since they were at such close proximity it was convenient for staff to review um that that Tia is something that's required of most of your development of any significant trip generation we conduct those analyses per the city's code requirements and then we also rely on FD because this is a state act uh proximity to the state um roadways State Road 45 that they also have guidelines and standards that we have to abide by um even outside of the city's requirements the the Tia was done for two reasons for this site as you as you've heard from your staff there's a future land use Amendment that's being proposed and what we do for that analysis is we determine what the impact is if the board goes forward with an amendment on the site for the maximum development uh and then the second reason we do this study is to ensure that all the roadways in the study area of the site and the intersections and the driveways are going to perform adequately per your standards in your code before we got started on that we sit down with their staff we make make sure that all the assumptions that go into the study are approved by the staff these are things like what other background traffic is in the area that's been approved that we may not know about um what sort of growth rates how the project is going to distribute traffic per dos travel demand models these things are agreed to before we put pin to pencil and do the analysis for the for the actual site once the ti is conducted it's reviewed by the city comments some back and forth um those things get rectified everybody's an agreement and what's to come is there's also going to be some dot review um not of 9d but it will occur on 9e but we did want to make sure the do was familiar with both of these sites because they there will be some interaction of traffic and um the driveway spacing issue on 405 um also being resolved I'm not sure what I did there pardon me I hit the start over button all right so the study for this site as was mentioned by staff um portions of 405 as well as Singleton Avenue and intersections along 405 as well as the project driveways um one thing to note about this Tia and there's been talked about this being a conservative analysis the prior site plan did have a combined 196 units on both sides of State Road 40 5 and now that is only 132 units 70 on the North 62 on the south um we did not revise the study because staff determined that that was going to be sufficiently conservative for this application now in the future um based on the change of access that was in the prior site plan on 405 we may need to return to staff and during the site plan and make any tweaks but the conversation with staff was in looking at the capacity on single Avenue and looking at the capacity on State Road 405 and looking at the low trip generation from both of these sites there was not a need to modify the traffic for that access point at this time but potentially in the site plan um all right so something about the conclusions on on both of those two options that we're looking at during the Tia the future land use Amendment did substantially reduce the maximum development potential once the amendment if and when it is approved um is substantial by factors so that we're taking a site that is currently zoned portions of it for commercial use much much higher intensity um trip generation uh use compared to the town homes so this is what we would refer to in the industry as a down Zone in terms of traffic um generation and then so the conclusion there is no additional traffic impacts are anticipated as a result of this proposed future L use that have in front of you tonight versus what can be developed without coming before the board and then for the capacity and the operational assessments all roadways in the area operate within the cities and do standards in this area with and without the project no intersection deficiencies were identified as a means to mitigate any a impacts from the project and the driveways were low enough that they didn't trigger any warrants for turn Lanes I think that was my slide so we'll stand by with any um Q&A uh once you have time to hear from the public thank you before we hear from the public I I can't wait on this come on up here if you would yes sir I always seem to hear on traffic studies that there's no additional traffic I don't if that's the case you're not going to make any money on that thing anyway so that one always gets me shaking my head the second thing is and it's hard Brad for me to sit here and feel like we're doing a really good thing by putting more traffic on 405 I don't know that there is a more a busier or more concerning Road in my mind than 40 five help me help me I mean there no additional traffic I'm not buying that and and I mean I'm just not that's not the plan if you're going to have more people and are we not concerned about 405 as a staff that's that's a concerned Road for us that's a concern Road for us and now we want to add more traffic although we're not going to add more traffic go ahead if you look at the land use Amendment or the land use map side by side you'll see that commercial that's still there right now that's a vested right so someone could come in and put a retail development and generate traffic on that it might not be excited about that either without an amendment without a public hearing and then the same thing with the area that's got the zoning of the GU that's potentially will generate some traffic maybe not as much but the question is I guess what the applicant did in their traffic analysis as far as a land use comparison is determine what the most intense uses could potentially be put on those land use categories how much traffic will be generated as a result and then compare it to what they're proposing to do so that they're saying if I correct me if I'm wrong that there the vested number of of develop vested development rights on there could generate more traffic than what they're proposing okay could generate more traffic if we get another Walmart there or something like that I'm not trying to be but that's under the current land use so that so they could go forward by right but when we're talking about a project how many units I've got it written down here but anyway and then to say there'll be no more traffic on 405 I I don't get that yeah let let me clarify Mr Meritt and add to your staffs um so when we do these future land use amendments we're determining for the city who has a plan in place that has zoning set for each one of the parcels in their City how much maximum development contential potential can be there and we do things like put commercial by things like State facilities because that makes a lot of sense because that's where the traffic's at in this instance this applicant is proposing to down Zone a propose a property that has a commercial intensity on the zoning down to something much much less than is in the current plan so when um I I simplify when I say adding no more traffic what I what I should clarify to say is as a result of this amendment the potential for traffic to be generated by this site compared to what's in your plan now and compared to what's being proposed is a reduction it's a down Zone okay that's good I got that off go ahead thank you I one more question um member St y could you just clarify because I feel like the number of units did get a little bit confusing could you clarify how many units would be on each piece I know we're on just the north one right now but could you just clarify because I know it changed it did so cumulatively in the traffic say that was submitted to the city a cumulative 196 between 9d and 9e okay what's actually being proposed is 70 on the North 62 on the south which is a cumulative of 132 so about a reduction of about a third okay thank you yes ma'am all right thank you uh Council any you want to add to that all right uh clerk you want to start calling the cards please uh first card is Michael mustard oh no no this is a different group good evening my name is Mike mustard I live at 2707 Hill Crest Avenue and I'm glad you are asking those questions about traffic um I have a handout that Miss Wells uh was good enough to pass out I don't know if there's more than one it's a three-page stapled uh this got the small scale Amendment application number one-2 24 that's the one I got it yeah uh first I will go to uh in the first paragraph page 11 of 23 which is on page 218 in your packet Transportation Impact Staff comments I'm not going to reread the same thing but it establishes some very important points first it acknowledges the Highland uh Terrace stub out and the uh collector rows of poin Zetta Avenue and Highland Terrace are local roadways that's very important and it's if you look on the second page it has a map that makes it a little clearer where these things are the proposed development is outlined in red uh the light blue uh line coming out of it is Highland Terrace it runs straight North and terminates onto Tropic they the next is the uh poin Zetta Avenue and that's that little piece that juts out onto 405 you see there but you can't get to that from Highland Terrace because they run parallel to each other so connecting that is Hill Crest Avenue you turned right out of the development Hill Crest runs all the way up to uh Garden Street and comes out there right next to pincha peny that is highly traveled now so it's important to realize that the the words on there the the roads have very real impact also that same paragraph under staff analysis said to Mayor diesel point it will generate 524 daily trips on out of that subdivision two different things there's there was the talk of traffic calming measures that's a glorified name for a speed bump or other things to slow down the traffic it was never about speed out of there it was volume out of it so if they went with that still that's that's going to be a huge number over 260 trips per day if it was 50% onto those residential streets is a huge impact also have to consider none of those streets have sidewalks none of them uh there are kids getting to and from school buses routinely there's families riding bicycles to pump that kind of volume is finish that thought okay yeah finish that thought okay uh is is just untenable but then the other part of it uh so if they chose to not go on Highland Terrace and all those were to dump onto Singleton you know how busy that is now you know trying to get from Singleton onto South Street if you put that many more things there that's a massive massive impact on the safety of anybody that uses that intersection all right thank you I got you thank you Mike okay prop Preston thank you I want to say first of all I've Liv in tville since 1956 name and address for the record please I'm sorry Robert Preston 2650 Hillcrest Avenue my mother-in-law's house is at 2701 Hillcrest Avenue where Highland Terrace cuts through where they want to cut through so I'm talking from about two houses okay uh what I'm uh looking at section uh the comprehensive plan and Associated elements section 3440 criteria whether the application is consistent with the adopted comprehensive plan and Associate elements uh section c the land will support proposed development and will not subject to flooding or other physical constraints as to uh not support the development okay I provided a package with some pictures uh is that we have that yes I got I got then the fir the first picture shows an an overall view of of the the corner of the project so that picture shows if you look at the Sereno point where that road comes out directly across the street from that is Wetlands so they're talking about this this is the first picture I know I saw that the second page okay okay okay okay my understanding is the road they propose come out on Singleton is directly across from Serena Point well it's going to be hard to do if that's Wetlands uh the next picture show an overall picture of the neighborhood it shows U porn Zetta coming in going around it shows wetlands area marked off behind uh the houses off of Hill Crest the third picture shows the end of a Hill Crest on the CAC there's one storm water drain and on the other side of the storm water drain where the cold sack is is wetlands and if you look at the last picture it shows the other storm water drains which is down on PO Zetta we only have two areas with storm water drains so where's all that storm water going to go to if you look at the area where they want to build it's higher elevation with all the added uh PVE roads sidewalk rooftops driveways where's that water going to go if it flows down and flows and flows into the wetlands it's going to overflow back into the backyards thank you next up K St an K an Maryland Avenue and I do not live in this area but I still have some very uh big concerns about ping North townhouse development this project is subject to the tree protection ordinance and thus requires 25% of the development area in Tren tree canopy staff's report indicates the project includes a subdivision of seven individually platted Town Homes Lots residential subdivisions are subject to the tree protection ordinance which requires 25% of the development area in tree canopy yet neither the site plan exhibit nor the open space exhibit designated tree canopy preservation area as required by the tree protection ordinance city code requires a designated area of tree canopy is to be permanently protected in the recorded plaque condition or a declaration of covenants recorded in the county or city records now maybe the tree preservation area will be included in the sketch plan or the site plan but it's not in what your agenda packet tonight staff recommends preservation of Upland scrub Pine and Oaks and Heritage trees to the extent possibly possible be preserved removal of Heritage trees is allowed by the code subject to the approval of the development review committee unfortunately this committee has allowed the re removal of many Heritage trees including at the expanded U-Haul business to avoid use of portable water for irrigation stipulate native Landscaping which needs no irrigation once established staff has said that's a big concern this project is in the area of critical concern intended to protect the aquafer low impact development is defined as a Land Development that preserves and protects aquifers recommend L strategies and preserve pre-development topography and vegetation to prevent flooding as we have recently seen we now need to plan for 500-year flood events when designing storm water systems take this into consideration as Singleton and South intersection already floods and as these people are saying they are concerned their backyards will be flooding so take that into consideration thank you for listening to my concerns thank you k Steve ladford Steve leadford 2739 Hill Crest Avenue Titusville uh my wife and I have been residents of this city for over 40 years we've lived in our current residence for over 20 years years and raised our family of five children there the reason we bought our home where we did is because it was on a quiet street a culdesac and backed up to the wetlands you've heard many concerns tonight from um the residents our Planning and Zoning Board instead of allowing us to hear Hawks owls and Eagles behind our home which we all currently have want to increase traffic noise and nighttime light pollution instead of seeing the woodlands and the wetlands Planning and Zoning wants to erect 40ft High structures and and within 72 ft of our backyards instead of Highland Terrace remaining a quiet residential street in our neighborhood Planning and Zoning wants to increase traffic by hundreds of cars daily and add speed humps my biggest concern however is the Wetland impact which we we have heard about already I would like to submit two pictures of a before and after Hurricane Milton please if I may the before picture shows the current state of the Wetland at during the rainy season this was taken about 3 weeks prior to the hurricane the second picture shows two houses down from my house where you see standing water in the backyard of my neighbor unless we've forgotten in 2004 we actually had three hurricanes within six weeks so we have a very great concern what about homeowners insurance are they going to consider us in a flood plane if this development goes through good question we talk about this live local act we're asking you to please act on behalf of the people that live locally pay taxes here and have raised our families and conduct business in this city thank you thank [Applause] you next up wait mayor can I ask a question just as St sorry member stok I didn't see you no it's okay can you because I I feel like this is probably going to be a continuing theme of the property looks like Wetlands right now conservation because because nothing is there but as it's currently zoned it's currently zoned low density residential and so that's can you just clarify that for as speakers are speaking because they're saying that they're backing up to Wetland area but then when I'm looking at the map it's showing that it's backed up to low density residential so I I want to be clear in what I'm looking at well there's three things here you got the land use which is the land use plan the comprehensive plan and its land use categories on the property uh expecting certain types of development under those conditions then underneath it to help Implement those land use categories that comprehensive plan or the zoning districts but then there's the existing conditions on the property which is how it's being currently used it's vacant and so there may be some environmental constraints on the property there may be some developable areas on the property uh there are a few maps that to help illustrate that in your agenda so I'm looking at 298 right now where it shows the comparison of what how it currently is owned which shows there's that's the land use I'm sorry the land use conservation commercial low density and the proposal is more conservation and low density and so that I think that would that's what's confusing me as I'm hearing speakers come up they're saying that they don't want the wetlands to be removed but I'm seeing there is Wetlands but there's also low density residential land use there already so it's not like we're saying we're resoning Wetlands it's where're whether or not we're taking what I'm seeing is whether or not we're going to re the land sorry land use commercial to ldr primarily does that make sense yes that's where I'm getting confused because I I want to be clear because when you go I I think when you go and look at it because it is vacant it looks like it's all Wetlands I would refer you to page 32 and 306 of your packet there's a flood okay hazards area map and there's also a generalized Wetlands map now that's not a that map on 306 is not a survey map they the applicant provided that in the in the packet but this just gives you an illustration of where wetlands are generally located so 302 and 306 we look at flood Hazard flood plane and wetlands and that gives you an indication of what is buildable currently on the property okay are you good members yes thank you all right call next card please Trudy leadford I'm Trudy leadford 2739 Hillcrest Avenue uh what I'm hearing is maybe we need to go back to the Planning and Zoning Board and maybe it never should have been zoned originally for low density and Commercial maybe it should have always been Wetlands because it is the pictures and it's clear and I invite you to come to our neighborhood and go in our backyard if you can if you can get back there which you can't right now it's very very wet so can we go back to the zoning committee and say let's look at this paper maps are different than reality and um this is not what I was going to say but that's what I'm going to say now so thank you thank you Sean m mirb thank you hi Shan Mory 2770 Hillcrest Avenue um my first comments are in opposition to the road being uh proposed to cut through the Highland terrorist and into fars Hill from the PD uh in the packet page one is a traffic study done by kimbley horn that shows access uh road to the PD from 405 page three is a survey that shows an access road to the 405 um page five is the plan Land Development regulations and uh number three on 33-5 is the PD is to provide direct access to the PD without creating or generating traffic along local streets in residential areas and Page Six is also the Land Development excuse me regulations 33-8 number three the proposed development shall not negatively impact the quality of life for any adjacent residential uses the negative impacts can include property value decreases and substantial increase in noise or traffic this cut through should not be approved because it goes against the regular ation numbers seven uh and eight show the site plan and to the right there's a um primary impact area that was in the environmental plan and uh this also shows where it backs up to Hill crest and there's a overlay of 72 foot buffer that goes from one side of the wetlands to the other side which might help alleviate flooding I don't know for sure but if we look at the larger picture uh Forest Hills is on the verge of flooding now water coming close to the back of many homes the Wetland holds a tremendous amount of water but often it seems at capacity the Uplands absorb and the Uplands are the forested areas absorb a large amount of of water not just in the ground but in the vegetation and trees if the Uplands are removed and a PD built there there's a very real threat of flooding in Forest Hill the 60% pervious area some grass and a few trees and a pond will not absorb the same amount of water as the native vegetation in the Upland also the topography runs downhill from the Upland into the Wetland so there will be increased runoff yeah absolutely for these reasons the property should not be rezone PD this property is also in the area of critical concern one of the last properties on the southern end which is uh your page 10 I think page 11 um so it's a that's not developed this is an important recharge area for the aquafer it should all be conserv a land to ensure the city continues to have drinking water which is at risk the city ought to purchase this property with the help of certain entities to ensure drinking water now and in the future there's one opportunity to do this correctly to preserve our water source and prevent flooding in thank you farest Hills thank you [Applause] mayor under go ahead mayor I realize that you know speakers do are providing documents for council's consideration I just like to tell the applicant if you have those documents great if you don't and later you want to take time to review those for rebuttal purposes let us know when you get those documents and review those I like each one of the doc how you want to handle that I mean if if I I know they have a couple of documents already if there are any documents the clerk is provided during the hearing that they don't have I'll suggest we can make a copy for them and they can review those before we bottle all right we'll keep me posted on that but that's not something I do all right call next card please Daniel leedford Daniel edford 2738 Hillcrest Avenue how you doing thank you I've lived in this area my entire life my former address is 2739 Hillcrest Avenue I bet it is I bet it is um it's every young man's dream to grow up with woods behind their house and that was my privilege um I grew up romping in those woods hiking relaxing and sometimes camping overnight my friends and I used to have to hike through kneee water in order to access the dry side of those woodlands where there's giant pine trees giant oak trees yellow sand dunes go for tortoises and bald eagles just to name a few it may surprise you to know however we didn't make our trails with the intention of going kneep in water each time we went to those woods do you understand what I'm getting at we tried to make Trail our trails in the dry parts or in as shallow water as possible they were in fact deeper parts of that swamp still and at certain times of the year and in the right locations in that swamp you could in fact find yourself way steep in swamp water and I have two witnesses in this room that could actually stand up and say I that they have seen me 6'3 let the record show waist deep and swamp water thank you um at one time we did save a bald eagle out there and we reported to the FWC who thanked us for our efforts I know sometimes we don't care as much about animals as we care about money um I know that sometimes we don't care about Heritage trees as much as we care about money or traffic impacts as much as we care about our money but please please please can we care about the endangerment of the property owners of those prop of those whose properties border the north side project including my own um please pleas heed this warning and please listen to these concerned citizens and conserve our homes by preser preserving our Titusville Wetlands the importance of this property as a drain field for the homeowners on Hillcrest Avenue and Forest Hills neighborhood cannot be overstated this wetlands area is very very important as we witness in Hurricane Milton where all of our water drained into there um the Singleton sidewalk is currently wet and there is water over property lines and in backyards right now not to beat a dead horse but please listen to our flooding concerns and do not let our homes be ruined by inevitable flood water thank you and God bless you all thank you well [Applause] said V Victoria Robinson Victoria Robinson 2775 Hillcrest Avenue um I want to go on record as being opposed um I don't I it shouldn't shouldn't be rezoned I would rather take my chances with the the zoning it as it is and if a commercial comes in they come in they would have less impact there'd be no reason for any roadway um the traffic wouldn't be worse if it was a commercial property as opposed to all of these homes um same with the impact to the Wetland area and even though it's zoned um or it it shows only partial Wetland the entire area is wetland it it it has been as long as I've been there I'm at the very end of the culdesac so I'm where the one drainage is and it can't keep up even with normal rainstorms let alone hurricanes um I'm the end where the Overflow is so it's always flowing over the grass in the front luckily my back doesn't get it as much but the front does from the street because it just can't go down the drain fast enough um I'm also the lowest part right before you get to Singleton so between myself and Singleton is wetland on the other side of Singleton is also Wetland and that comes this way as well along with all of the creatures that are trying to escape those Waters so I get the alligators and the RAC Mo and everything seeking some drier area um which is fine totally fine um but I think it's very important that that I hear them trying to wow you with we're going to preserve the wetlands we're going to do so much better we're giving you more than is existing um I I think I would take my chances with it Zone the way it is I would ask you not to rezone it not to change it it was done that way for a reason and I would prefer it stayed um also at the meeting I'm not sure this the I I don't know this gentleman's Capac I don't know your title Your Capacity but previously it was talked about that there was no need for a road coming through um that it could be done without either foot traffic or just that that emergency access but if they have to develop it if they're going to develop it the way they're proposing then it can stay its own entity it doesn't need to be connected to another pre-existing um neighborhood we're we're it there's too many people on the road kids on the road small unless you want to come in and give us all new sidewalks before this happens you know you want to fix our drainage we can't it isn't it it's not it's not going to work it's not sustainable thank you [Applause] Mary farar this is that I'm sorry better okay Mary Spar Coco and I'm representing turo Sierra Club tonight Sierra club's concern is maintaining the Integrity of the immense swath of forested wetlands you've heard so much about at first reading of this item I brought up a little point9 acre uh triangle shaped parcel the applicant owns right next to the proposed PD North but not included as part of the project having this parcel cut off from the rest of PD North property would set a really bad precedent for the city that you can create a small basically undevelopable parcel of property undevelopable unless you cry property rights member stoko asked the applicants attorney if they would agree free to include the .91 acre parcel in the project and the attorney indicated the applicant had no problem with including it now the applicant seems to be backing out of the no problem including it statement and instead agreeing only to include the little parcel in a conservation easement from St John's river water manag man agement District in other words include it as a conservation easement but don't include it in the PD North Boundary unfortunately that does not solve the problem now you might wonder what is wrong with just including it in the conservation easement won't that won't it be protected the answer is not yes it is maybe the fact of the matter is that St John's River Water Management District can remove conservation easements can remove conservation easements if they decide to do so upon request of the owner I was shocked to find this out on May 31st 2023 in a front page article in the OR Orlando Sentinel and then the next day The Sentinel printed its editorial six acres a tale of environmental betrayal both the article and the editorial talk about a land use attorney who secured a conservation easement from the St jent River Water Management District that quote should have protected the property in perpetuity essentially for forever but the district was persuaded to remove the easement and the land was put up for sale I have two more sentences go ahead okay Titus Field's huge H the forested wetlands running North and South is too important to take chances with and Sierra Club asked you to take the time to get the boundary situation with a little parel resolved as the applicant indicated they were willing to do on September 24th please don't create a very bad president for the city thank you Michael maack say again Michael maack has he left okay L Lee Thompson we got more handouts today we got all here never have enough lle Thompson 3550 irn Avenue Mims um and hang on to these because you're going to need them for the next item agenda item also but I wanted to bring them up first um so la at the last um no a month ago you guys approved the city sending a letter um that was uh a letter of um support for a $500,000 feasibility study um to to look at exactly what what we've been talking about these large forested wetlands and um I'll read some of the things that I highlighted here some areas with the city uh St John stormw water basin that currently discharged to the Indian River Lagoon presumably historically flowed west to the St John's river prior to ditches that were created that diverted some of the flow east of the Indian River Lagoon the older neighborhoods surrounding the areas where the ditches were dug have historical flooding problems due to various reasons including increased water water levels in the wetlands that they discharge to so if you look at this map it it's like a giant funnel going right into the Indian River Lagoon and um Mrs sers was talking about the the the seagrass not growing well by their dog well it's because they're Downstream of the St St uh St John Street um Culvert where all of this wet wet you know water from these Wetlands is going straight into the Indian River lagon that's why we have such horrible salinity around Titusville but um you know the the the other lady was right if we cut down all of the trees um on the Uplands and and replace it with um rooftops and streets then the percolation that's being done on those Uplands that are next to the wetlands will evaporate and there there's already flooding going on people have water in their back yards um the the and we don't know how many trees are going to cut down and and these additional buffers that they say that they're having is that just going to be green lawn or are they going to leave the the trees that buffer the wetlands on on these additional areas where they say that they're giving us Extra Protection for the wetlands you know w a forested Wetlands they need forests along with the actual Wetlands themselves so you know you you you can't just isolate the wetlands and cut down all of the trees that are adjacent to the wetlands um because then it's going to decrease the functionality of the wetlands so we need all those trees um and the fact that they want to connect this development um on on going through for uh Forest Hills it's horrifying that that has been a that that neighborhood has been there since the early 1960s in fact a lot of the people that were driven off of Meritt Island when they developed the Space Center located in Forest Hills I mean I I played with kid my friends that were out on the island and then they had to move and then I play with them in Forest Hills that neighborhood very quiet secluded neighborhood has been there for almost 70 years and so please you know if you even if you approve this thing don't let them Connect into Forest Hills there's there's no reason to do that it's a horrifying horrible thing remember Nelson LLY don't go any place don't go any place don't go anywhere don't go anywhere so I sort of look at this and and obviously they have a right to develop the property in some fashion M so part of me is like I want to preserve wetlands and then part of me is like but 25 foot buffers Zone doesn't seem adequate it's not a lot it's like from here to that wall maybe less than from here to that wall so how how do we prevent the flooding because right that that area is so low um any suggestions I liked the suggestion that the city and and this is why we're doing the feasibility study because it they may end up you know saying you guys need to you need to purchase all of the Uplands that are next to those wetlands and we those forested Wetlands there's no other city in the county that has anything like it it's they're very very unique Titus feel's very lucky that we have it and we're starting a process now of picking off you know the edges of the wetlands and once you start doing that and then you're setting a precedent and you're like go oh well let's change the land use in the zoning here and then that that makes the next land owner think oh well they did it for them then we're going to do it for them and you're going to end up with development all along this 405 Corridor where we already have a huge traffic jam and you're just going to start you know it will'll lose the functionality of the wetlands and um and the the the really nice amenity that they bring to our city and all the wildlife and all the things that we have that they don't have in Melbourne and Coco they don't have Ros at spoon bills and old Eagles and all the cool things we have in those areas and these are things that make Titusville special and unique so you know there's there's no reason there's no reason for you to change the land use and Zoning but you can't do anything about the existing land use and Zoning but I agree with the other lady that said I'd rather take my chances with the existing land use and Zoning than to um create something could be a lot worse okay thank you thanks work on you next up may mosa Laura Lee is a hard act to follow yes he is I try not to do that Megan moso de Merit Drive um I'm one of the members of pnz that voted no on this project um but as you are are aware our code actually does not require two entrances or exits for this development um I actually asked this question to Brad at the pnz for properties from zero to 100 units you only need one engress or egress this project has 70 um and that's mandated by our code so once our development is in excess of 100 units two access points are required um according to section 355 section two of Our Land Development regulations a plan development must must be located in such a way that it provides direct access to an arterial or collector streets which this one actually does without causing traffic congested on local residential streets outside of the PD and that's exactly that what will happen with Highland Terrace if it's connected um the reality is we're considered rezoning another neighborhood commercial area to PD PD zoning what they've presented this is just Town Homes according to our code a PD is an alternative to standard zoning that allows a Landover and the city council to negotiate specific zoning standards for a particular parcel this is done to ensure that the resulting development is of superior quality while protecting the health safety and Welfare of the general public this is written in our code the the goal of the PD zoning is to promote efficient land use offer improved amenities encourage Creative Design and protect both current and future developments in the city what I'm seeing on the Planning and Zoning is this is a very popular Zoning for um a lot of developers because it UPS the height from 35 ft to 50 ft and um Richard rosello he is I think he is the he's from the development group but at the planning in Zony meeting we asked him about this and he said well this project is simply going to be sold off to a different home builder that means they will not control or influence the architecture which raises concerns about the quality of the future devel velopment so I urge you please don't make a rush decision please do not allow a secondary access through the neighborhood according to section 34 54 of the Land Development regulations a PD must ensure that a protected area that a project adheres to the highest aesthetic standards of the city of Titusville but as stated this project is being is intended to be sold off leaving very little Assurance of quality control the future land use for this area is designated as high commercial high intensity and this project as proposed does not align with it so I ask you to do your due diligence negotiate as required by our code ensure the project benefits both future and current residents of Titusville please do not allow access to Highland Terrace and hold the applicant accountable if there's no concrete plan in place why are we approving a rezone that will immediately be sold off thank you m Stan Johnston stop listen for three minutes well add something Dan can I talk on this see can I talk on this why not I mean you you you talk about me not staying on 7 I got four I got four four uh live over there I got four cards on this this this this matter from from the post office now people are leaving I have nothing to do with that I believe so I believe you do because I quoted uh fs8 what is it Florida statute 83822 false reports false reports are that are considered a felony and that's what I've I've been talking to you guys about is it appears that that's why I've been you know reporting to the Govern and so forth because City tus was doing all kinds of things you know I guess you remember about that thing I said do unto others as you would have done unto you what do unto others as you would have done unto you my God I heard that in church and and and I even heard it from our our city manager before we hired him he said the main thing he does is he says he applies this principle do unto others as you have done unto you know what what they done unto you Stan you talking about this yeah and and the thing is is is that uh uh there's another law that you don't want like me to quote but I'm going to quote it you quote it because I'm a professional engineer and I use this law but apparently the city of tyell doesn't you remember that law flows down you got it water flows downhill I got it right I'm serious water flows downhill and the City of tville has repeatedly and the thing is is that in no case as I I heard it this is the third time I believe the third time I've spoke on this project when uh uh Bruce Moya had it once and I spoke of it last last time it was here for U the first reading and I'm speaking again is that I'm going to say again to you water flows downhill and you shouldn't disobey it and you've been disobeying it repeatedly by violating the storm water management plan of Greater Titusville this property is in that storm auto mag plan and I do not see Sarah stokle she mentioned what about drainage and he said we're not going to have drainage considered until after this is approved you got to be kidding you're completely nuts conservation and drainage is tied linked together you cannot do it but the city of Tiel can do it because they can do anything they break all kinds of laws that's why I'm here asking for senior manager to be removed now I'm supposed to have three times to speak on this just like it was presented at the last public meeting three times and I only chose one three minute period now this time I'm only limited one three minutes and I reject that so I ask you for more time no no no I'm not going to do it last time he spoke City attorney spoke and said I could have 9 minutes took three this this is not that next up Vicky Conlin Stan is on a roll good evening Vicky Conlin 2920 Royal Oak Drive I'll be brief but I wanted to compliment the residents they really have worked very hard to gather their friends and their relatives and their neighbor they've really come together because this is such an important issue for the value of their home and their quality of life and I think we owe that obligation to really sincerely listen and try to work with them and I understand that you're doing that I think we need to preserve the commercial zoning and I've spoken on this before but we don't have a lot of commercial zoning left and we keep giving it away and letting apartments or town homes build and and I think as the resident has stated if we preserve that commercial it could be it's at the intersection of an arterial or collector it's a great place for for just a little pizza shop or something like that and that could work I think the PD zoning is very questionable as other people have stated I'm concerned with the 40 ft 40 ft is three story perhaps four story depending on how their cealing heights would be but nobody's really spoken to that about the tree canopy what kind of protection would they have with noise and with light pollution that would be a result in their backyards um the connection to Highland Terrace is really an irresponsible plan those are existing homes it's a small local road with no sidewalks and it really isn't is a disruption and Invasion to that to those existing homes signalization if the project would be approved I think was necessary the traffic study was two years old A lot's happened in two years and I think we need to look forward and say if we believe there's going to be a lot of traffic generated here which I believe all of us would agree that it would except for the traffic study guy but the rest of us think that if so we need to demand that the developer pay for a signal not wait a year later and then the city pay for signalization let's look forward and let's plan on that so that we get as much as we can the developers pay their own way The Intercept to say that there's no deficiencies in that traffic um I don't think that's correct and I'd like for us to look for the future what do we want 405 to look like I hear you talk about that mayor diesel do we want a corridor that's three or four story essentially apartment call them Town Homes if you want but they're essentially Apartments is that what we want down 405 on both sides is that what we want do we want to look like Melbourne do we want to look like Coco personally I don't but it's a big decision decision to make I appreciate your consideration thank you Charlene Harper Charlene Harper left okay I mean no to the left okay well I'm Charlene Harper and I live at 860 Hill chrest and the traffic is so bad already that in order to feel safe to pull out of my driveway I already have to back into my garage because the traffic's always coming if I had my way we would shut off poinsetta and there'd be no through traffic so for me I hear when you're saying you're going to put in 132 residents I assume that that's a home of two so that's two cars so now I've got that that's about 264 cars added to my neighborhood I'm already unhappy with the traffic that I have now probably had I done a study set in the driveway for a couple nights a couple mornings couple afternoons I wouldn't have moved there but I'm there and I like it and I don't want it to change however with that being said I wanted to address something that um Sarah stoko asked earlier she asked what about um versus the commercial zoning versus the residential zoning and my statement have no way of knowing I got one week's notice I work every day so I haven't had a time to go and check if I did I would have went and found out well I have a single piece of land when I bought it had access to it had a road could move in there could build on it now my road's too narrow I got to get everybody to give me a piece of their property in order to do it so when that commercial was zoned is it still able to be accessible is it still buildable as commercial we don't know so I agree I would take my chances with that versus what's being proposed but none of that's relative what I am is a tree hugging animal loving want to protect I cry when I walk out and I crunch of snail so the fact that my neighbor at 2759 the lugos have eagle nest in their backyard that's also currently flooded I think the lefs might have had a picture of their backyard earlier um there's bald eagles there there's black IND indigo snakes in our yards there are the red tail hawks they're all federally protected by the state of Florida for their habitat so I don't need to talk about Wetlands I don't need to talk about anything we have a wonderful piece of property there that maybe it's owned but hasn't been developed yet that has some of those things on it I'm sure because they're in my yard so I say let's protect some of the animals let's protect some cream because one thing that's driven me I have lived in Florida for 30 years and I moved to this town because I thought it was a little sleepy Town it was great everybody complained about no growth no growth they won't let us hi anything well now we're like we're falling hand over fist to grow but at some point we have to stop because we're killing all of our natural resources I hate driving up 95 now used to I'd be like dang I hope I can make it to the next exit before I go to the bathroom because I commuted from scotsmore to Jacksonville every day now no worries there is something on every exit all the way up there potty break wherever I need it but that's what we're doing here like there's very little Greenery left so I don't have statistics I don't have charts I don't have Maps because I had one week to repair this notice came to me in my mailbox last Tuesday before we showed up so like the little signs are very small couldn't see them but I'm happy to be here I don't know the format oh I forgot to like even name your ordinances you were you said I was supposed to repeat like 37 2024 and 38202 two four I'm opposed obviously but I mean I think you guys are doing a really good job and I was going to speak last week but I didn't because everybody beat you guys up so I think you got big shoulders big shoes to feel and I appreciate everything you're doing but I appreciate the opportunity to say thank you for what you've done but mostly I don't want my neighborhood to be changed by more homes we can't handle it but thank you appreciate it yeah last week next the last card is K Childs hey hello hey K child 476 Fern uh I don't envy you guys tonight it is tough uh hearing all these people speak so I'm just gonna be real brief start at the land go to the sky um most people have already said there's a l flooding in the area over on uh Singleton and South Street so this is on the North side uh I fly my drone uh most over Titusville uh right over that area uh like what I believe Vicki was saying is the the tree line but basically to start off with if you have uh the high density commercial uh you got a lot of asphalt that could just be laid and and uh and there could be even more serious flooding in that area uh if you put a bunch of houses there at least there's some more Greenery uh but I also am concerned for uh tow houses being placed everywhere in Titusville uh I would prefer it to be more single family homes uh but that's really up to the developer uh because if it's zones single or low density they could do either War but um the next thing is that there's an airport just North uh we really an Airfield so building any real higher than 35 isn't really a good idea because it's uh whenever I fly my drone it says it's an enhanced flying warning Zone uh because there are planes that go in and out of there all day uh so putting anything higher is not really a good idea uh because even where my father lives down off sisen uh there's an airport and that's restricted but they fly real low over there too so uh Building height is a very uh thing very good idea you need to keep on uh so but the one other thing I wanted to say was uh 405 I don't know about the north one uh if it actually connects to the 405 the south street but uh wherever these developments are being put in I suggest you put in at the very least a slow down area or like a turn lane uh just to because there already is a ton of traffic I spoke about that at the Planning and Zoning meeting that I really think you should put in slow down uh slow down Lanes at the very least so and I get the whole ambulance and needing to connect it to uh I forget what the other street is but it's very hard to try to put in just like a gate to that only the ambulance and First Responders can get through because you know everyone's just gonna break it down open it up go through there anyway so that's it thank you good timing all right that was the last one uh City attorney do we need to get them all the stuff you talked about yes sir I I'd like opportunity chance to look at it and if she would like to check with the clerk to see if there are any exhibits that provided to the clerk that were not provided to her I'd say we take a recess let them do that and if there are then we could provide make sure she gets a copy U I don't know let's look at see what it looks like in five let's say quarter after I mean give them time to look at it and if it's not you need more time we'll do more time so 10 minutes right now we'll go from there e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e to 11:30 I'd say midnight 11:30 all right I have a motion to extend the meeting to 11:30 second I have a motion and second all those in favor say yes yes opposed I don't know if that counts because I didn't have the meeting back in session back in session does that vote count I got to do it again all right good all right uh city manager help me out you um you've got to the uh the applicant again has their chance to rebut and then the council discussion and any further questions of staff and then uh your deliberation all right um rebuttle from the applicant yes thank you again Anna Long attorney for the applicant um Alyssa Colby and James Taylor will address this repetitive concerns regarding Wetlands storm water and traffic but I would like to reiterate that the CR request this evening if approved will result in a less intense a less dense development than is currently permitted by right the down zoning of this property and the property referenced in 9e will result in more land placed under conservation in perpetuity less intense development because ldr versus commercial will have a less potential for higher traffic and trips and again if today if the development is done by right the commercial in addition to the ldr would result in more trips and more issues associated with concerns about um the loss of wetlands you're not approving a site plan and you're not approving a storm water plan those things will be taken up at a later date in detail by your staff as well as state and federal agencies which also includes the Army Corps you're asked to change the comp plan in the zoning and regardless of the site plan that will eventually be submitted we represent we are presenting a project that is less intense the wetlands are being preserved we agree they should be to address Miss spar's comments specifically as the applicant's attorney the applicant's attorney remembers what she said and what she said was yes we will include the 0.91 acre Wetland that was added to the property after the project was submitted if in doing so we can confirm that it won't delay the process but I assure you that if that is the case we will figure out something else which is when we spoke to the city's attorney and when we spoke to staff and I said we gave our word we have to do something to make Miss farar feel comfortable that this property is not going to be left behind with respect to her comment about um in conservation easements being released all the time that's not a true statement I was the Environmental Protection manager for Orange County for six years that's not how it works conservation easements that are recorded in perpetuity for preservation are not just released because somebody thinks it's a good idea however she is correct in that on occasion conservation easements recorded in perpetuity are released in part partially released or in their entirity if one of two things occurs one the wetlands that are being preserved by that conservation easement do no longer have the same quality ecological quality that they once had and that usually results from secondary impacts occurring from development happening around them or alternatively because they weren't wellmaintained the second reason conservation easements recorded for perpetuity are sometimes released is if the person or the entity asking for the release is offering up a significantly more valuable piece of property ecologically valuable than that which is under the current easement that's it that's it and even though I look across my street every day at my neighbors slowly encroaching upon a wetland over time over time and their backyards getting bigger and bigger over time over time that Wetland can't be released I know this because I asked I'll let the others come up and address storm water as well as traffic good evening um I'm just going to Echo some of what Anna said and put some quantitative measures behind so that you can make as informed decision as you can um we we did hear from one of the residents who were citing the staff report that this property was going to generate about 524 trips on a daily basis um from those from those 70 units that's an accurate number number if you if you look at the property across the street and combine these two and there's a reason I'm combining them I'll get to that that's less than a th000 trips from both of these properties now when we did the traffic study and we forecasted out what the maximum potential was without a rezone without a change of the future land use um I looked it up it is 14,18 daily trips so we're talking about a reduction between these two properties of a factor of 14 if this reone goes forward so I did not mean to insinuate that development does not cause traffic the future land use will definitely decrease the potential traffic of this property though so that's the future land use portion of the the evidence that's been submitted getting to the more realistic traffic intersection congestion points level of service those items are kind of separated in the traffic study because the future land use is a state requirement we have to to show what the what the additional impacts are the the operational assessment is for those run-of-the-mill things like you hear from a from a resident group things like traffic jams and congestion and horrific uh you know times of days I can't get out of my driveways I I can't really speak to those points I have a code that I have to follow I have traffic accounts that I have to take I have an IT trip generation manual that I have to go to to quantify these and then compare them to what the code says is the eliable so in the traffic study that 524 trips we're talking about on the daily basis that doesn't mean a lot to a lot of people let me give it to you in terms of a peak hour experience so that's less than 50 trips that will be generated by these 70 units in the PM peak hour so if you're if you're sitting there in a chair on the street and this were the only street that were this was the only Street accessible from this property you would see less than one car new to the roadway system as a result of this project but this isn't going to just one place it's going to two different directions on State Road 45 and it's going up single Singleton Avenue of the portion that's going to Singleton Avenue that's less than about 20% and then the vast majority is going to State Road 405 that traffic when you're comparing it to the level of services and the delayed times that are acceptable in the city and the do standards with or without secondary access all of these study area intersections and roadways meet the criteria and are inacceptable service levels um so again I say with and without secondary access because as a reminder it wasn't this developer that proposed connection to the neighborhood the pnz recommended either traffic calming or a gate and landed on traffic calming now I'm confident all my years of experience we can do some things with traffic calming that will prevent that from being a cut through route or severely um reduce it however as you're hearing from your residents tonight they prefer a gate and this applicant either way it it doesn't matter to the applicant so the number of trips that we're talking about from this project that are not going to State Road 405 less than 10 trips per hour we we took the less than 50 we put 40 of them on four or five we're talking about less than 10 trips an hour that are going to use Singleton Avenue would one or two of those Meander through a neighborhood on a local Road and avoid Singleton Avenue 40 miles per hour operating at less than half the capacity maybe I don't know why they would but we can calm that traffic down if that's what the board wants to do so with that I'll um turn it over to Ala Alysa good evening thank you all so we were uh I was taking some notes as everyone was speaking and and raising some concerns specifically surrounding wetlands and storm water I know James spoke to traffic and Anna spoke to some general other comments and so first with Wetlands as we wanted to talk through what the minimal impacts we're proposing another thing is as I stated before the applicants environmental consultant performed a wetland delineation study uh at the time of our submitt of an environmental resource permit through St John's they will meet with St John's uh ecologists and biologist to walk the site and confirm those same Wetland delineation lines and so there are clear Wetland delineation and that is the area shown as upins um and as confirmed by the study and the environmental report submitted as part of this project uh there is an area uh of Upland preserve and that's mainly the developable area that we are proposing on this project so I just wanted to clarify because I know there were previous comments of has St John's looked at this St John's will not walk the site until the time of our Erp application in the past they've used to walk in at time of pre-application but due to just a high volume of pre-application requests and uh staff uh requirements and concerns they will only walk it once a formal Erp has been submitted and that is usually submitted at the same time as our construction plans uh to staff I also wanted to reiterate that this project as Brad had alluded to our next the next step would be sketch plot and that would come back through both pnz and city council for approval so this is not the last time that you would see something uh and that sketch plot would have to show substantial accordance with the master plan if anything including additional Wetland impacts would ever be proposed that would need to come back through a master plan Amendment correct Brad so um the sketch plot would be the next phase it's it's not like this project goes directly to construction plans that only staff approves the sketch plat and preliminary engineering design plans are usually provided at that juncture uh a full storm water report and submitt through the Water Management District and city of Titusville usually happen after that however some preliminary calculations are usually run when sizing storm water ponds uh in conjunction with that sketch plat and that configuration which is why one of the conditions of approval discussed is that buildings may be able to to to move within that developable area so that we can work around you know tree preservation I know tree preservation was brought up a lot tonight we will need to meet the city's tree preservation code that is not something that is analyzed at the level of detail um at the entitlement stage when we're requesting land use and Zoning however there is a land use or a excuse me a landscape uh architect already engaged on this project who has provided some preliminary input as I noted prior about some clusters of trees that she felt would be very uh valuable to try and save and design features around and that landscape architect would be engaged to assist in making sure that we are meeting the required tree preservation code including the canopy requirements for this project um assisting with any enhanced buffering and with the canopy requirements and you can correct me if I'm misstating anything from code there's additional plantings uh that are usually required to meet those standards as well and and so I think there was a concern about is it just going to be green Lawns and no new plantings that's not the intention however at this juncture for entitlements and for future land use and Zoning we are not detailing out landscape plans for review a few other items I just wanted to hit regards to storm water um if you have any specific questions I'm happy to answer General storm water design criteria but uh I talked through a couple in the presentation so I won't completely bore you with something that I find super enjoyable and fun to do but uh you know a prevere post analysis is required for city of Titusville requirements and St John's you know we cannot legally discharge you know more runoff all the runoff that we want into the neighboring Parcels we have to analyze what the current parcel is doing in its pre-development condition and then analyze um what our maximum than post- development discharge would be the overall design is intended to be a uh interconnected series of dry Retention Ponds and so storm water runoff from those impervious areas that were noted and I'll also reiterate that it's in the area of critical concern so we're held to a maximum impervious area of 40% on the full site runoff from those impervious areas would be captured in yard drains storm water inlets interconnected pipes and then funneled into those storm water ponds for storage and for treatment once a uh required treatment volume per St John's and city of Titus will standards are met it could be discharged up to the allowable CFS from the design report so there are a few different things that we take into consideration to make sure that we are not discharging more water not discharging untreated water um and you know the storm water regulation Statewide for uh St John's Erp handbook were updated in June and so they consistently making updates and changes that we have to be aware of as consultants when we are designing some of these projects when those items take implementation and so uh the Statewide level uh nutrients and uh uh you know nitrogen and phosphorus as was brought up tonight for multiple reasons the Indian River Lagoon are huge priorities at the state level as well and they are making different changes um in accommodation with those items and I believe those were the main uh items that I wanted to just hit unless you have any specific questions you may have HIIT it but I didn't hear it um there was a statement that uh this would be sold off shortly after the project is completed uh so we can Rich you if you would like to talk through that um Rich Rella represents the applicant who is the developer on the project he is working with multiple different types of home builders uh and so to provide their particular product get that and I'm not saying you can or can't do that I'm just telling you that like to know what the thought is on that since it came up did that answer your question sufficiently or or did you need him to come well I'd kind of like to hear what your thoughts are yeah I'd like to hear from him Richard rello live in um 1111 algar Loop and wi all right well basically it was stated earlier that the plan was and I'm not sure where that information came from that after this is completed we were going to move on from this project so I don't I'd like to know what you thought are all and you don't have to tell them if you don't want to obviously to your business yeah no no as as typical um you have develop developers and you have homeb Builders and we are a Development Group so we go out we acquire property and we develop it for various reasons and tile it for various reasons and that's part of that process then we get it to a certain stage we sell it to a home builder or a end party user and they will go ahead and take that project down the road and develop it put the roads the infrastructure in build the houses and sell it to people like yourself residents okay and and certainly you can understand the concern of people feeling like you guys are talking to us now but you won't be here later so so that's that's the concern I think that we're hearing so all right thank you so much for the answer no no problem um councel anything else Qui please uh Brad you want to add something there was I just want to remind you about the pz's conditions say again the Planning and Zoning commissions conditions I just want to remind you about them um they added uh two conditions on here I'm sorry three increased the set back to 72 ft on the East Boundary propos the traffic calming measures with the subid of the sketch plot and Building height no greater than 50 feet 40 ft what they didn't do was recommend a condition eliminating that AC on the Highland terrorist uh that there was some discussion on the Commissioners who on the minority vote that wanted to see that the majority vote approved these conditions you see here recommended from the commission that didn't include that specifically uh there was been talk about putting a gate up I don't know how staff can support or not because my understanding this is supposed to be a dedicated public road to the city through this plat process and I don't know what the answer would be as far as whether that is acceptable to the city to have a gate on a public road like that what other measures might be in place not sure but I just wanted you to be aware of that that if that is something that is going to be a condition imposed and accepted I don't know what the outcome of that be later on and if we' have to come back to you to make any kind of amendment if that couldn't be accepted by public works so if there are other Alternatives where um putting up some kind of calming measures uh that's something we can work through with the applicant through the sketch plat process and through the site fine process if there's specific enhancements you'd like to see or just a general statement that would for them to work with us on that we can do that there was discussion about at the Planning and Zoning commission about making it limited to pedestrian access only uh but ultimately the planning zoning commission the majority vote left it open to be a a throughway from a planning perspective we didn't see any particular issue with that because it's an existing Stout of an existing subdivision and having a pass through to go to another collector Road planning perspective we didn't see an issue with that we actually saw that as an Optimum option so I just wanted to put those two thoughts into your head about that particular issue and if there's any discussion later on about eliminating that connection what that would be um staff I I just wanted to make you aware about the fact that there's going to be some kind of control of a gate that might be an issue later on but if you decide to impose condition or with the agreement of the applicant to eliminate that access point I can concur that there's nothing in a code that says that this particular development is required to have a secondary access thank you uh vice mayor yes my my feedback on what I have heard vice mayor could we could you to yeah bring that thanks my feedback on what I have heard tonight I um the flooding issues and I think the attorney uh addressed those issues that when they get to them they will do their best to try to um handle that traffic I I I know that but I've seen I had several friends who have lived uh in that area and I remember the storms I don't know who lives in that house the first house on the right if you're going north when you turned on to Singleton they used to have a boat and stuff out there when it rained that place used to just be full of water and my neighbor used to live right on the street right next to that so I know it's a lot of flooding that goes on out there now uh and that's uh that is I can see that the neighbors are concerned about that and I have like the mayor said earlier I have heard in my four years sitting here that the traffic study says that the road and the traffic study is based on uh some type of uh uh mathematics that says how how many cards can go here and go go there but what I do know is that uh it takes me when I come up B right now going north it takes me um especially at when uh the Jackson Middle School is getting out it takes me uh two or three turns of the uh stoplights to get to the corner so traffic is making a difference even though the roads may be able to to handle it VI I I don't want to interupt but uh hold on I didn't want to interrupt I just wanted to make sure where what phase we're at are we closed the public hearing and it's back to you now or are you finished with their btle I just want to clarify that thought web and it's on us now yeah we did you close the public hearing I just want to make sure we forgot to say that oh I don't think I've ever closed a public he I want to make sure the applicant I think when she says no work cards and we go to council after they give their their deal I also want to make sure they were finished we close public hearing I also want to make sure they're finished with rebuttal I hear that it looks like they're not finished with rebuttal okay my bad then attorney always feel free to raise your hand I just um one point I forgot to raise before there was a c a couple of comments about resoning to a PD because it gives the opportunity for a greater height than low uh density residential which would be 35 ft and as mentioned at PNC they asked and the applicant agreed to 40 ft and I spoke to the applicant while we were out there and if that relieves the concern of this board as well as some of the residents they would agree to the 35 ft and then that way the PD designation is no different than what would be allowable permissible under an ldr uh zoning designation so I wanted to make sure I stated that on the record thank you for saying that thank you for the presentation anybody else out there from the your group are we good okay all right close vice mayor yes I will state all that again traffic is oh microphone microphone hit Theon turned it off traffic is um whether it's my imagination or not and uh traffic is getting a little bit more difficult in Titusville but what I really want to to state and as I've been sitting here for the last four years and my concerns are have still have always been the same and will probably continue during my dur duration here I'm concerned about losing commercial property that's my biggest concern then that hasn't changed and uh I will fight for the commercial property to uh to stay if it's uh I won't get into but uh uh what I think that would look like the Aesthetics of putting some apartment in TW story apartments there because that that's not part of the issue but my concern is uh the uh loss of commercial property member stule yep and uh vice mayor just kind of hit on what I was going to say um I appreciate all the comments that were made tonight and um when I'm looking at this I'm thinking about our comprehensive plan and this was a tough one for me because part of our comprehensive plan is Preservation of wetlands and preservation of our commercial space um and so we saw how the applicant had um outlined how they would potentially add more conservation for us but at the expense of taking our commercial space um and I think uh a few of the citizens kind of said it too is they would prefer to take chances on it of what potentially could happen there um and so I feel like with the vice mayor I'm uh leaning towards not in favor of this project because I want to preserve the commercial space uh as noted in our comprehensive plan member Nelson well I have to say this was a hard one for me because I really want Wetlands I want these Wetlands going through the center of the city preserved but on the other hand that's a low area surrounded by wetlands and at this point I don't want to change it I would rather wait for the storm water Ser study to come back and and you know that area floods you got the wetlands right across the street it's that area floods all the time so until we have that back I sure don't want to change anything so that's how I feel about it I kind of uh spoke already but I'll say a couple things I remember call that you follow up but um you know you you heard my thoughts on a traffic study um it's a Wetlands heavy area safety is a factor to me 405 and Singleton are two of the busiest roads we have in the city flooding is a problem uh it was mentioned I I I think by Mr Mustard there's no sidewalks in the area so you increase the traffic you have a safety with kids issue increased NE neighborhood road traffic um is an area of critical concern right um I I like I mean you kind of said it all when the lady said we'll take our chances with commercial I think we uh it's just different than having uh apartment complexes over there tow houses um there is a concern that the project won't be under your tutelage before too long and somebody else will come in and whatever was said tonight might not carry any weight with the next group and most importantly that stands up is that um and actually um uh Vicky you said it but basically uh don't don't give the commerci don't lose our commercial and uh you know commercial zoning don't give it away and I think that I'm hearing that over over here as well we don't have a lot of commercial we don't want to mess with our wetlands and those two things make it difficult that's not to take away from an excellent presentation by some excellent folks who do an excellent job of what you do I have no doubt but I'm here representing the people uh of this city and I think it could be a great project but I think I don't want to give away the commercial and I think I have some real safety issues and putting any more traffic on 405 or Singleton just makes no sense to me uh protected Wildlife that's important too uh Herman well I I too was very conflicted on this when I first got the presentation I was all in favor of building the tow houses because uh if we did get commercial in and get the additional jobs in the area we would need places for people to to stay but after hearing the citizens speak I too was very much concerned about the flooding and I'm sure that there are ways that the storm water system can be designed to take the flooding away and losing of commercial the commercial area still and one thing that hit me real hard was I don't know if you said it Mike or not about the sidewalks and the kids walking and the congestion in the area the wildlife the tree canopy there are so many other things that come into consideration when you're looking at something like this so I too want to preserve our commercial area um anything else from Council uh City attorney am I good to move forward with a motion if you're finished with deliberation and you're ready for a motion you will be first having a motion on ordinance 37 2024 which is the land use request for land use you so move to deny the amendment to ordinance number 37 2024 amending the code of ordinance ordinances by amending ordinance number 60 1988 does that work second I've got a motion any a second roll call vote member Cole yes m M Nelson yes mayor diesel yes vice mayor Robinson you member stoel yes that motion carries unanimously City uh City attorney next you'll need to deal with the the resoning of number 38 I believe the attorney would like to speak before you do that we appreciate um your time this evening and we do appreciate your input whether you think so or not we do um we would like to respectfully withdraw our request for the resoning of this item as well as the comp plan and the resoning for 9e thank you thank you City attorney anything I need to do with that no sir she's with the applicants decided to withdraw their their application for e and to withdraw the reone request on D okay does that affect uh e y she she's she's requesting to withdraw e item e in its entirety Okay so e is withdrawn Y and the rezone was also re on D was requested to be withdrawn as well okay so basically we don't you don't get to speak um so we're done with that one all right we're g to uh take a recess for five minutes thank you e e e e e e e e e e e e e e e e you got three minutes three minutes get said got a minute 20 wow all right meeting back in session city manager yes sir uh and Council we are on uh new business item 12a which is the FY 2025 annual expenditure of City funds by the north Bard Economic Development Zone each year the north Bard Economic Development zone is required to obtain approval from the Titusville city council for its proposed operating budgets utilized ing the city's contribution as defined in the uh North Bard Economic Development zones interlocal agreement the proposed budget interlocal agreement and additional supporting documents are included in your agenda packet for your information Mr post is here as well who is the executive director of the north Bard Economic Development Zone Mr Troy would you come up and yes give your talk I thought they were all here for my item so disappoint clearly that's not the case so so um I'm Troy post and I'm 400 South Street um and I'm with the economic development Zone and back in the spring we came and brought a tentative budget now we're bringing back to you the final budget uh the tax appraisers office was able to set the value for our district you know we're based on a tax increment financing model and so we wait every July August for those final numbers they came back in uh just over 1.2 million for new Revenue this year so uh I would remind everybody that of course the the budget that we present tonight A budget's a planning document so during the course of the year we may come back and tweak it may alter it but if that is the case then we go through a budget change request format and come back to the council to get approval for that all right any questions okay we're good thank you guys thank you um waited all night for that all night any cards yes sir uh member Nelson move to approve the FY 2025 annual expenditure of City funds by the north Bart Economic Development Z second I got a motion and a second roll call vote member Nelson yes mayor diesel yes vice mayor Robinson yes member stole yes member Cole passage unanimously thank you Troy sorry you had to stay to 11:10 for that two-minute presentation okay uh petitions and requests from the public good okay Brad you can want to say Sir okay mayor and Council reports uh we'll start on the left side but memb stle this time I don't think I have anything actually what did you do last night oh my gosh I'll let you guys talk about that pass are you Elites I say it wasn't invited but I was so I can't I wasn't ready for that yet Herman I didn't know you were going to show up us uh vice mayor uh everything's going well I uh I I really missed being at the uh the the service award dinner last Thursday night that was very nice uh I really wanted to be there and when Sarah takes our famous pictures and everything I didn't get an opportunity to yeah I'm aware I'm aware uh going be my memory pict forever too I think that that's a wonderful thing that uh the city does and uh I'm sure that um I will be at uh one or two in the future all right I just like to um thank member Cole who was presented with the um invocation in your absence and he did quite well he he did quite well I'm not even kidding you it actually really was it was what I don't understand is why is everyone so surprised he look shocked we stood out have to ask that you tell us her all right um I let member co go you got a lot of stories yeah well I have one story from last night where uh Sarah and I participated in a fundraiser for the Children's Advocacy and we were in a skit um mock trial skit which was absolutely hilarious they raised $35,000 just in that room dang that's not that's not counting ticket sales that's just we and Ivy getting up there saying five give me $1,000 give me $500 good at that as you there is yeah and it was you know it's really good when you can have so much fun raising money for such a very very worthy cause somebody invite me next year I'll be off the grid I will add to that too and I was thinking about it while there it it made me just reminded me of why Titusville is so special it was just such a family atmosphere of everybody coming together for a cause I don't it it just it was a nice feeling to have to be a part of that and you know and to get to it the admission was $100 and on top of that people you know Wayne got up there and said who's going to give $1,000 and the Hand started going up I mean it's and that's what that's what Sarah means about the family atmosphere of Titusville it's just really cool my family atmosphere doesn't have $100 tickets uh member Nelson um I'm G to go back to my septic tank request yeah yeah that's a good for I would love to have a presentation uh by Virginia Barker or one of her staff about setic tanks and what the incentives are I understand there are different grades of the new septic tanks apparently we have a little over 1,800 in the city so I'm assuming that uh Port St John and M scotsmore probably have more yeah yeah por voted I don't know much about Mims maybe do a press release on it if we can get her here or get somebody here to do that kind of presentation can we just turn that over do that look into for you guys sure um we you could also meet with staff if you desire prior to with Kevin and team to that's true oh I was planning that but I was hoping that if we did a presentation and did a press release people would watch and they would understand why they need to hook into the sewer system it was more a way of encouraging our citizens um informing our citiz what the problems are with the septic tanks and hopefully giving them reasons to uh hook up yeah it sounds like you're wanting to do an educational like presentation us for us yeah and with that I would like to see and I think I have discussed this in my one-on ones before alongside that with knowing about the septic tanks and what they can do to the Indian River Lagoon knowing uh if we have it are where currently we have them in Titusville like how many are sure um our Focus area is east of us one and there's about 20 okay and I think mentioning that as part of the presentation and then if Virginia's here okay what you know yeah what's that impact I I would I would like to see that as well so that would be my motion that you don't need we don't need a motion they figure this sometimes you want a motion you're telling me I say it to them all the time I don't want a motion this time sometimes you want a motion all right U then I'm up I'm up I'm up yes yeah okay can I oh yeah go ahead cast TI Herman first all right you got 45 seconds no okay never mind um I just kind of want to let everybody know Friday um I go to a South Lake may talk I guess it'll be my last mayor talk and somebody will ask me if I flew into my helicopter and they'll ask me if I have a driver they'll ask me if I live in a mansion city manager was with me at Imperial Estates and I had no idea one guy they always say do you own all the buildings in Titusville it's like wow it's what they you know like I said I'm not nearly as powerful as you think I am um and then I just see this on the calendar now it's really kind of I'm glad it's there but I kind of got I'm kind of busy cuz at 9:00 it looks like space mechatronics ribbon cutting at tius High School so I'm going to try to make both I don't know that I can and then speaking of 405 10:30 on Friday State Road 405 quarter planning study I guess you can comment on that and maybe State Road 405 quarter planning study project visiting team number one I don't know what that is but sure that's the public has input if they would like it's a typical f. meeting where the public has okay and learn what the project is well I'm going to maybe on that one anyway and then 3:00 Friday we have the uh tidel fire department pinning ceremony and I always like always like those and then we play Astronaut High School at coko High um other than that um I will say this um it's been so far I'm not getting any spee to share or anything but I can tell you that it's starting to hit me because every time I turn around do the pledge now my eyes get a little funky you know I'm like no don't do that so it's starting to hit me that I got one more real time to do it and then then the then it's over and then we sing the song turn out the lights the part's over city manager oh I was going to wait for the second verse of that but they say all things I have uh uh one action item and each year we do a Community Development block grant special meeting um the purpose of the meeting is to allow agencies to request to their proposals to you and the process after they give that their proposal to the city council is Staff grades them and U assigns a point value and we'll come back and and allocate with your approval their request so the dates that I have in there are in December um December 3rd it's a Tuesday at 5:30 uh December 2 which is a Monday at 5:30 and then the third option is uh 6 December at 5:30 this normally takes about uh 40 minutes or so just for your planning purposes well guys come up with your time so I'm not even going to open my calendar yeah I have a just a question so is the deadline already do they already have the deadline so these have already gone out in the deadline so because I think normally we do these in January um it it depends we've done we've done it in December and we've done it all the ways late as February okay out in October so they went out in October okay so I just want to make sure there's not going to be any issue with like oh I didn't get it in time okay so I'm fine with the primary date of the Tuesday oh that's the Chamber of Commerce uh holiday I saw that I was wondering if we could go to it after or we yeah it's the open house is just a drop in drop in drop out so that's what I was thinking I did see that on the calendar too I was like we go there first and come here no we come here well come here and go there wonder if I can still go to the drop in yeah I think so cuz it's I was just checking that it is um 5 to 8 okay so we packed it's I our meeting normally are like less than an hour typically right share a ride too there's nowhere to park yeah that's true it's at a different location this year hang on Joe you and I'll go to Taco Bell we can do right next door it says it's at the um Chamber of Commerce office invite us to dinner every in a while guys got Cal down if nothing else you can go watch Sarah eat at the Le she really won't speak to us then oh um City attorney right City attorney and I I've got uh just some information items as as you know um your last this council's last meeting is uh the next council meeting and is a skip week so you'll it'll be three weeks away and um at 10:30 on the 26th will be your last regular meeting and that's when you approve the minutes from the your meeting and then I'm out the door um and then the swearing the new council is the same day at 11 o'clock and then the regular council meeting begins um on the 26th at 5:30 and at 6:30 and after the swearing in um the selection of the vice mayor and the the special assignments will be assigned if at 5:30 you see me sitting in this seat you need to know I need to get out of here uh hey guys I'm here um oh it it you know kind of like being done being the head coach you just do what you do and I will say this as we get out here sitting turning I'll get right to you but just even watching the the fun you guys had last night where I went to that the fun we had at the uh ceremony that the board dinner and then what we do up here I will I will miss that I think we've had a great Council for all eight years I've been on it and it's been a great mesh with great happiness and great concern for each other and and most of us really concerned about Herman because he's really getting old but he ain't getting old he's already old is yeah so anyway thank you guys for that and I will probably say a couple words next week because I ain't going to try to talk too much at 10:30 tell you that and I say the attorney my bad yes sir I have one item I've provided a package to each of you on this item and the subject is the industrial park deed restrictions um just a little background on April 25th 1972 the city of tville execute a deed restrictions on certain lands that the city owned in the north Bard Industrial Park which is over on grisman White Drive the purpose of the restrictions to sub was to subject the properties to certain building and use restrictions covenants obligations and conditions related to the development of the parcels on November 25th 1972 the city of Tel executed an amendment to the deed restrictions and added an additional restriction which was the imposition of an Architectural Review Board which required that certain improvements to the properties must be approved by that board pursuant to the deed restrictions the Architectural Review Board would ceased to exist once all Lots within the industrial park have been sold and new construction was Ed on the respective sites information obtained from the property Bard County Property Appraiser's office indicates that all Lots within the park have been sold according to information provided by the city of tyfield building department Mr Steve Adams all Lots within the industrial park have been improved with new construction therefore the conditions have been met in order for the Architectural Review Board to cease to exist we've had a request from a law firm representing one of the property owners that they would like in writing us to confirm that the board in fact does not exist so I've prepared for you is a document which is in your package which is titled clarification of restrictions which goes through some of the history I just advised you but ALS and it includes all the Deeds showing the properties have been sold um and I've included in your package letter from Mr Adams that there is new construction this letter also States in paragraph 5 as of the date hereof the Architectural Review Board ceases to exist so what we're looking for tonight is a motion um to authorize the mayor to execute the attached letter uh clarifying the restrictions and acknowledging that the Architectural Review Board does in fact cease to exist member Nelson so moved second got a motion and second all those in favor say yes yes opposed and motion passes we have to extend our time all right guys appreciate it I appreciate the way I think everybody thought that over listened hard and and did what we thought was you know the right thing so with that meeting dismissed adjourned for