Professional Documents
Culture Documents
COUNCIL AGENDA
Applicants for land use and zoning related items are advised that the resumes of staff
members who prepare applicable staff reports are on file in the City Clerk's Office.
The City desires to accommodate persons with disabilities. Accordingly, any physically
handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours
prior to the meeting, submit a written request to the chairperson that the physically
handicapped person desires to attend the meeting.
1. CALL TO ORDER
2. INVOCATION
A moment of silence will be held.
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
A. Minutes
Approve the minutes of the regular City Council meetings on
April 27, 2021 (6:30 p.m.), May 25, 2021 (6:30 p.m.) and June
8, 2021.
5. SPECIAL RECOGNITIONS & PRESENTATIONS
6. BOARDS AND COMMISSIONS
A. Titusville Environmental Commission (TEC)
Recommendation Related to Low Impact Development
Presentations
Provide direction regarding the TEC recommendation to invite
speakers from the Marine Resources Council and St. Johns
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River Water Management District to provide information about
Low Impact Development.
B. Titusville Environmental Commission
Accept the resignation of Regular Member Bryan Bobbitt of
the Titusville Environmental Commission with an unexpired
term to expire on November 30, 2021. His resignation was
effective on June 8, 2021. Additionally, appoint one regular
member to the Titusville Environmental Commission with an
unexpired term to expire on November 30, 2021. If an alternate
member is appointed as a regular member, appoint one alternate
member to the Titusville Environmental Commission with an
unexpired term to expire on November 30, 2023.
C. Historic Preservation Board Semi-Annual Report
The Historic Preservation Board's semi-annual written report is
included in the agenda packet. No action is required.
7. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA
ITEMS)
8. CONSENT AGENDA
A. Resolution No. 21-2021 - Community Development Fee
Resolution
Adopt the proposed fee Resolution No. 21-2021 for
Community Development fees.
B. Memorandum of Understanding/Working Agreement
between The Florida Department of Children and
Families and Titusville Police Department
Authorize the City Manager and Chief of Police to execute the
Memorandum of Understanding between the Florida
Department of Children and Families and the City of Titusville
on behalf of the Titusville Police Department.
C. Solid Waste Routing Software and Implementation
Services
Approve award of Solid Waste Routing Software and
Implementation Services (RFP#21-P-028) to C2Logix, Inc. of
Clearwater, Florida in the total amount of $178,089 over 5
years. Authorize the Mayor to execute the contract upon
satisfaction of terms and conditions through review of the City
Manager and City Attorney. Additionally, approve associated
budget amendment in the amount of $75,189 for the
implementation.
D. Annual Pilot Club Mini Grant
Accept the annual Pilot Club Mini Grant in the amount of $250
for the purchase of bicycle helmets.
E. Public Tax Deed Auction on July 22, 2021 for Sun Valley
parcel Lot 25 Block 70
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Consent to give City Attorney authority to bid at the public
auction on Sun Valley property Lot 25 Block 70 which property
is contiguous to other Sun Valley properties purchased by the
City for its wellfield protection.
F. Stormwater Cured in Place Pipe (CIPP) Liner
Approve work order #2 in the amount of $372,550 to Hinterland
Group, Inc. of Cocoa, Florida to furnish and install Cure In-
Place Pipe (CIPP) Liner for stormwater pipes in various areas
of the City. Additionally, approve the associated budget
amendments, increase the annual authorized contract amount,
and authorize the Mayor to execute the work order.
G. Purchase of Vehicles - Public Works
Approve the use of Florida Sheriffs Association Cooperative
Purchasing Program to purchase the budgeted vehicle
replacements Z02136, and Z02137 to Nextran Truck Center
Orlando, Florida in the total amount of $860,112 for the
purchase of three vehicles. Additionally, approve
the associated budget amendment transferring funds to capital
outlay projects Z02136 and Zo2137 for this purchase and
authorize use of necessary purchasing instrument via
contract to be executed by the Mayor upon review and approval
by City Manager, City Attorney, and City Staff and/or purchase
order.
9. ORDINANCES – SECOND READING, PUBLIC HEARING AND
RELATED ACTION
A. Ordinance No. 15-2021 Relating to Breweries
Conduct the second and final public hearing on Ordinance No.
15-2021 amending Chapter 28 “Zoning” of the Land
Development Regulations to add craft brewery/craft distillery
as a permitted use with limitations in the Tourist (T), Community
Commercial (CC), Downtown Mixed Use (DMU), Shoreline
Mixed Use (SMU), Regional Mixed Use (RMU) and Urban
Village (UVv) zoning districts, amending the permitted use with
limitations to require a conditional use permit in the Urban
Mixed Use (UMU) zoning district, and amending the definition
and standards of craft brewery/craft distillery and removing
microbrewery as a permitted use with limitations in the
Downtown Mixed Use (DMU) zoning district; specifically
amending Section 28-54 “Use table”, Section 28-204 “Craft
brewery/craft distillery” and deleting Section 28-213
“Microbrewery”; providing for severability; repeal of conflicting
ordinances; for an effective date and for incorporation into the
code.
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recommendation to change any zoning category that
allows residential uses to require a conditional use where
the proposed brewpub is within 100 feet of a residential
use, otherwise the brewpub use shall be permitted as a
limited use.
B. Ordinance No. 16-2021 Grease Interceptors
Conduct the second reading and public hearing of Ordinance
No. 16-2021 amending the Code of Ordinances to amend
Chapter 21, Article III, Division 8, "Grease Interceptors" of the
Code of Ordinances to provide flexibility to existing facilities
requiring a grease interceptor; by amending section 21-240(a)
(1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3), and deleting
section 21-240(c)(1); providing for severability, repeal of
conflicting ordinances, an effective date and incorporation into
the Code.
C. Transmittal of Vision Based Comprehensive Plan
Amendment Application No. 1-2021
Conduct the Public Hearing and approve Transmittal of the
draft 2040 Vision Based Comprehensive Plan to the State
Land Planning Agency (FL Dept of Economic Opportunity) for
review (Comprehensive Plan Amendment Application No. 1-
2021).
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The Planning and Zoning Commission considered this
request at their July 7, 2021 regular meeting and tabled in
order to send notices to all residents of Indian River
Avenue and Riveredge Drive. Motion passed 6-0 with
one member abstaining.
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seating and outdoor entertainment code provisions.
B. Utilization of American Rescue Plan Act (ARPA) Funds
Council provide guidance on initial utilization of ARPA Funds.
C. American Rescue Plan Act - Farmers Market
Approve the proposed American Rescue Plan Act - Farmers
Market program and drafting a contract with the Greater
Titusville Chamber of Commerce to operate the Program.
D. American Rescue Plan Act (ARPA) COVID-19 Community
Assistance Programs Implementation
Approve the implementation of the COVID-19 community
assistance programs provided under the American Rescue
Plan Act through the Neighborhood Services Department.
E. Verona, Village D - Sketch Plat
Approve the Sketch Plat for Verona, Village D, a proposed 77-
lot single-family home subdivision on approximately 121.3
acres located west of Willow Creek Boulevard and north of
Verona, Phase 1 subdivision.
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Authorize approval of the Engagement Letter of
Representation from Attorney Thomas A. Cloud of
GrayRobinson, P.A.
C. Purdue Pharma L.P. et al, Chapter 11 Bankruptcy Ballot
for Voting to accept or reject debtor's amended Chapter
11 Plan
Authorize City Attorney to vote to accept Debtor's Fifth
Amended Joint Chapter 11 Plan of Reorganization of Purdue
Pharma L.P. and its affiliated debtors.
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City Council Regular - July 13, 2021 - 6:30 PM
Category: 4.
Item: A.
City of Titusville
Recommended Action:
Approve the minutes of the regular City Council meetings on April 27, 2021 (6:30 p.m.), May
25, 2021 (6:30 p.m.) and June 8, 2021.
Alternatives:
Item Budgeted:
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
Draft Minutes - April 27, 2021 (6:30 p.m.) 6/28/2021 Backup Material
Draft Minutes - May 25, 2021 (630 p.m.) 6/10/2021 Backup Material
Draft Minutes - June 8, 2021 6/14/2021 Backup Material
Page 8 of 732
City Council Regular - July 13, 2021 - 6:30 PM
City Council
Regular Meeting
April 27, 2021
The City of Titusville City Council met in regular session on Tuesday, April 27, 2021, at
Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville,
Florida 32796. Mayor Diesel called the City Council meeting to order at 7:03 p.m., not 6:30
p.m., due to the Council meeting for special recognitions and presentations at 5:30 p.m. ran late.
Those present included Mayor Daniel E. Diesel, Vice-Mayor Jo Lynn Nelson, City Council
Members Robert L. Jordan, Jr., Joe C. Robinson, and Dr. Sarah Stoeckel. City Manager Scott
Larese, City Attorney Richard Broome, and City Clerk Wanda Wells were also present. Assistant
City Clerk Jolynn Donhoff completed the minutes of the meeting.
Mayor Diesel requested a moment of silence. He then led those present in the Pledge of
Allegiance to the Flag. City Clerk Wanda Wells read the procedure for public comment and
participation.
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APPROVAL OF MINUTES
Motion:
Vice-Mayor Nelson moved to approve the minutes of the regular City Council meeting on
January 26, 2021 (6:30 p.m.), as submitted. Member Jordan seconded the motion and the roll call
vote was:
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Student Advisory Council Annual Report - The 2020/2021 Student Advisory Council Annual
Report, including recommendations and goals for 2021/2022, was presented by several members
of the Student Advisory Council. No action was requested.
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Page 1 of 18
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City Council Regular - July 13, 2021 - 6:30 PM
Student Advisory Council Scholarships – Mayor Diesel presented scholarship checks to Student
Advisory Council Members (seniors) Caleb Phillips of Titusville High School and Isaac Gutman
of the North Brevard Home School Association.
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2021/2022 Student Advisory Council Membership Appointments – The request was for Council
to confirm the proposed slate of students as members of the 2021/2022 Student Advisory
Council, as appointed by their respective schools, as followed:
Astronaut High School. 12th Grade, Emilee Ellis; 11th Grade, Savannah Sevor; 10th Grade,
Addison Flake; and 9th Grade, Callie Cerrato.
North Brevard Home School Association. 12th Grade, Ben Hamilton; 11th Grade, Aliyah
Deimeke; 10th Grade, Edie Pringle; and 9th Grade, Julia Moon.
Titusville High School. 12th Grade, Jacob Phillips; 11th Grade, Aiden Sperr; 10th Grade, Richie
Dobbs; and 9th Grade, Victoria Hillery.
Motion:
Member Jordan moved to confirm the aforementioned and proposed slate of students to the
2021/2022 Student Advisory Council, as appointed by their respective schools. Vice-Mayor
Nelson seconded the motion and the roll call vote was:
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Titusville Housing Authority - The Titusville Housing Authority's Semi-Annual written report
was included in the agenda packet. No action was requested.
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Board of Adjustments and Appeals – The request was to accept the resignation of Regular
Member Earl Johnson, Jr. of the Board of Adjustments and Appeals with an unexpired term that
would expire on July 31, 2021. His resignation was effective on April 16, 2021.
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City Council Regular - July 13, 2021 - 6:30 PM
Motion:
Member Jordan moved to accept the resignation of Board of Adjustments and Appeals Regular
Member Earl Johnson, Jr. effective on April 16, 2021. Vice-Mayor Nelson seconded the motion
and the roll call vote was:
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North Brevard Library District Board - The North Brevard Library District Board's Semi-Annual
written report is included in the agenda packet. No action was requested.
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Stan Johnston read from an email that he sent to the City earlier in the day, regarding his
concerns on communicating with the City and prior requests to meet with City officials.
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CONSENT AGENDA
Member Jordan requested pulling Consent Agenda Item 8 A for discussion. Member Stoeckel
requested pulling item Consent Agenda 8 D for the same reason. City Manager Larese read
Consent Agenda Items A through I, as followed:
A. Sand Point Park Pond Management Evaluation - Approve the award of Work Order
#ECTSW012 to Environmental Consulting & Technology, Inc. in the amount of
$41,617.86 to prepare a management evaluation of the Sand Point Park Ponds to address
nutrient concerns, approve a budget amendment to fund the work order, and authorize the
City Manager to execute the work order.
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City Council Regular - July 13, 2021 - 6:30 PM
C. Brevard County Emergency Medical Services Grant Award and associated Budget
Amendment Approval - Approve the award for the Brevard County Emergency Services
Grant to provide 75% funding towards the purchase of a Lucas 3 Chest Compression
System including all necessary accessories from the sole source vendor Stryker Medical
for a total cost of $15,796.82 and to approve the associated budget amendment and to
execute any instruments necessary for the receipt of the grant and the purchase of
identified equipment.
D. Replacement Pump and Panel Purchase for Vector Space Lift Station - Approve purchase
to Hydra Service, Inc. of Debary Florida in the amount of $103,718 for the purchase of
two 70hp ABS wastewater pumps and one ECS Manufactured Duplex Control Panel for
the Vector Space Lift Station, and authorize the Mayor to approve issuance of the
necessary purchase order for this acquisition.
E. Work Order for Engineering Programming Services for the Blue Heron Water
Reclamation Facility - Approve the award of Work Order #03 to Rocha Controls
Municipal and Industrial Control Systems of Tampa, FL in the amount of $86,775 to
provide consulting and programming services including but not limited to upgrading the
Blue Heron Water Reclamation Facility (WRF) SCADA System and authorize the Mayor
to execute the work order upon review and approval of City Manager and City Attorney.
F. Resolution No. 14-2021 Approving Temporary Closure of State Roads for Special Event
- Titusville High School Graduation - Approve Resolution No. 14-2021 approving the
temporary closure of US1 on May 28, 2021 for the Titusville High School Graduation.
H. Resolution No. 15-2021 urging the Centers for Disease Control and Prevention (CDC) to
remove the suspension on cruise ship operations from Port Canaveral - Approve
Resolution No. 15-2021 urging the Centers for Disease Control and Prevention (CDC) to
remove the suspension on cruise ship operations from Port Canaveral.
I. Engagement Letter from Bond Counsel, Rhonda Bond-Collins, Esq. - Accept and
approve Engagement Letter from Bond Counsel, Rhonda Bond-Collins, Esq., of the
Bryant, Miller, Olive, Law Firm.
Member Jordan and Water Resources Director Sean Stauffer discussed Member Jordan’s
questions on Consent Agenda Item 8 A - Sand Point Park Pond Management Evaluation. The
questions addressed methods to gauge how ponds functioned properly and based on their design
or intended purpose, use of funding, other options if available, etc. Additional discussion ensued
on dredging stormwater ponds and these substantive costs, potential pollutants entering the
lagoon, stormwater practices, monitoring projects, nutrient, pollutant, and sediment measuring
processes, the Save Our Lagoon Project, dredging the lagoon was different than a pond, pond or
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City Council Regular - July 13, 2021 - 6:30 PM
lagoon ground materials could sometimes be harmful if stirred, water quality, the requested
action would reveal what was needed for the ponds at Sand Point Park, whether the current pond
sediment affected the pond’s water quality, muck flux and how it worked, etc.
Brief discussion ensued on the public comment and voting procedures for Consent Agenda
items, as well as pulling an item for the Council’s discussion versus an individual Council
member asking a question for clarification on an individual Consent Agenda item.
Member Jordan discussed whether contaminants could flow over into the lagoon. There were
other variables that affected whether this happened or not.
Member Stoeckel asked for the rationale for Consent Agenda Item 8 D - Replacement Pump and
Panel Purchase for Vector Space Lift Station and the lifespan of lift stations.
Mayor Diesel requested hearing from any public that submitted a public speaking card or desired
speaking on Consent Agenda Item 8 A - Sand Point Park Pond Management Evaluation. If so,
individuals would be provided three minutes to comment on this individual agenda item. No
members of the public came forward; however, email comments from Kay St. Onge (citizen)
were distributed to Council prior to the meeting on Consent Agenda Item 8 A - Sand Point Park
Pond Management Evaluation.
Next, Mayor Diesel also requested hearing from any public that submitted a public speaking card
or that desired speaking on Consent Agenda Item 8 D - Replacement Pump and Panel Purchase
for Vector Space Lift Station. If so, individuals would be provided three minutes to comment on
this individual agenda item. No members of the public came forward.
Finally, email comments from Stan Johnston (citizen) were distributed to the Council prior to the
Council meeting. Stan Johnston also submitted public speaking cards on Consent Agenda Items
A, B, C, D, G, H, and I. He recommended approval on Consent items A, B, C, and D. He was
neutral on items G and I. The item that most interested him was Consent Agenda item A - Sand
Point Park Pond Management Evaluation, for reasons he explained.
Motion:
Member Jordan moved to table Consent Agenda Item A - Sand Point Park Pond Management
Evaluation, until the Council was provided more information on options to determine the silt
levels in the ponds at the Sand Point Park.
Motion:
Vice-Mayor Nelson moved to approve Consent Agenda Item A - Sand Point Park Pond
Management Evaluation, as recommended. Member Stoeckel seconded the motion and the roll
call vote was:
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City Council Regular - July 13, 2021 - 6:30 PM
The motion for approval carried, 4-1, with Member Jordan in objection.
Motion:
Vice-Mayor Nelson moved to approve Consent Agenda Items B, C, D, E, F, G, H, and I, as
recommended. Member Stoeckel seconded the motion and the roll call vote was:
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2021-2022 Community Development Block Grant (CDBG) Annual Action Plan – City Manager
Larese highlighted the request provided in the Council agenda packet. The request was to
conduct the final public hearing on the City's CDBG 2021-2022 Annual Action Plan; authorize
the Neighborhood Services Director and Mayor to sign the grant applications and certifications
as required; and approve submittal to the Department of Housing and Urban Development
(HUD). It was also requested that Council approve a request to HUD to transfer the outstanding
Neighborhood Stabilization Program or NSP3 funds to the CDBG program.
Neighborhood Services Department Director Franklin further highlighted the request as provided
in the Council agenda packet. Each year, the City submitted an Annual Action Plan to HUD
outlining the programs and activities, consistent with the goals and objectives of the Five-Year
Strategic Plan, it would undertake during the upcoming grant program year. On March 8, 2016,
the City Council adopted the City's CDBG Strategic Plan for the CDBG program, which outlined
the priority needs and strategies that would govern the City's Annual Action Plan over the Plan
cycle.
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City Council Regular - July 13, 2021 - 6:30 PM
On March 23, 2021, City Council approved the funding recommendations for its CDBG Annual
Action Plan for 2021-2022. As a result, staff has finalized the programs and funding levels, and
completed the corresponding Action Plan document to be transmitted to HUD.
Highlights of the Action Plan provided partnerships with three (3) non-profit agencies in
providing various public services, sidewalk improvements, and administrative components; all
consistent with the approved strategies and priority needs of the Strategic Plan.
Public Services
Women's Center- domestic violence safe house and supportive services $16,300
Aging Matters- senior nutritional meals on wheels program $10,000
Family Promise- homeless prevention and supportive services $23,353
Noted: Any unused CARES Act funds would be carried forward and continued to be utilized for
eligible COVID-19 related public services.
Other activities
Neighborhood Revitalization Program- Sidewalk Improvements $215,163
Administration
Oversight and management $65,104
Fair Housing activities $1,000
Because the City received HOME grant funds via Brevard County HOME Consortium, the
following uses of HOME funds for FY2021-2022 were proposed, as followed:
Housing
$102,057.03
Administration
$10,110.45
Additionally, with this Plan, staff included the transfer of unobligated/unused Neighborhood
Stabilization Program (NSP3) program income funds to the Community Development Block
Grant (CDBG) program. The City's NSP3 program was inactive with the successful completion
of the Inspiration Village Subdivision project, and as a result, there were no eligible activities
available to expend these remaining funds. Therefore, in accordance with NSP regulations, the
City may request to transfer NSP3 program income earned, current and future, to its CDBG
program where it would take on all characteristics of the CDBG program. This move would
allow the City to close its NSP3 program with HUD, but continue to utilize any income derived
from the NSP3 program for other priorities under the CDBG program. The current unobligated
balance of NSP3 program income was $44,792.23. Staff requested Council's approval to
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City Council Regular - July 13, 2021 - 6:30 PM
authorize the Neighborhood Services Director to make this transfer request with the Department
of Housing and Urban Development (HUD).
Further, staff had incorporated language in the proposed Action Plan that referenced the
impeding receipt of American Rescue Plan Act (ARPA) funds this year from the U.S. Treasury
Department. It was anticipated the City would receive approximately $7.8 million in American
Rescue Plan Act (ARPA) grant funds over the next two years. Although these funds were
separate from the Community Development Block Grant (CDBG) program, it was recommended
that the City highlight these funds in its Action Plan to showcase the City's continued efforts to
offset the impacts of the COVID-19 pandemic on our local economy and its citizens, and make
the Department of Housing and Urban Development (HUD) aware of this revenue source that
would assist in addressing the goals and priorities in the Plan.
Completion of the CDBG Action Plan was a requirement of the grant program to continue
receiving entitlement grant funds. CDBG funds in the amount of $331,020 would become
available on October 1, 2021 upon approval of the Plan by the HUD. Staff advertised this public
hearing to afford citizens an opportunity to comment.
Staff was requesting approval of the City's 2021-2022 CDBG Annual Action Plan as presented,
and authorization for the Neighborhood Services Director and/or the Mayor to sign the
associated grant applications and certifications as required, and submittal of the Plan to HUD via
Brevard County. If approved, a thirty-day (30) public comment period would follow prior to the
submission.
No individuals from the public or citizens submitted public speaking cards or requested
commenting on the public hearing agenda item.
Motion:
Vice-Mayor Nelson moved to approve the 2021-2022 Community Development Block Grant
(CDBG) Annual Action Plan and authorize the Neighborhood Services Director and Mayor to
sign the grant applications and certifications, as recommended. The motion also included
approving submittal to the Department of Housing and Urban Development (HUD) and for HUD
to transfer the outstanding Neighborhood Stabilization Program or NSP3 funds to the CDBG
program, as recommended. Member Jordan seconded the motion and the roll call vote was:
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City Council Regular - July 13, 2021 - 6:30 PM
Ordinance No. 9-2021 - Revocation of Ad Valorem Tax Exemption for NewSpace Center LLC –
City Attorney Broome read Ordinance No. 9-2021 - AN ORDINANCE OF THE CITY OF
TITUSVILLE, FLORIDA, REVOKING THE ECONOMIC DEVELOPMENT AD VALOREM
TAX EXEMPTION TO NEWSPACE CENTER LLC; AND PROVIDING FOR AN
EFFECTIVE DATE, for the second time by title only.
City Manager Larese highlighted the request provided in the Council agenda packet. The request
was to conduct the public hearing of Ordinance No. 9-2021.
Mayor Diesel opened the public hearing. Due to there were no persons that wished to speak, the
public hearing was closed.
Motion:
Member Jordan moved to approve Ordinance No. 9-2021 for the Revocation of Ad Valorem Tax
Exemption for NewSpace Center LLC, as recommended. Member Stoeckel seconded the motion
and the roll call vote was:
Ordinance No. 10-2021, Economic Development Ad Valorem Tax Abatement to Dark Storm
Industries, LLC (Project Freedom) - City Attorney Broome read Ordinance No. 10-2021 - AN
ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, ALLOWING FOR AN AD
VALOREM TAX ABATEMENT TO DARK STORM INDUSTRIES, LLC (PROJECT
FREEDOM); SPECIFYING THE ITEMS EXEMPTED; PROVIDING FOR AN EXPIRATION
DATE FOR THE EXEMPTION; AND PROVIDING AN EFFECTIVE DATE, for the second
time by title only.
City Manager Larese highlighted the request provided in the Council agenda packet. The request
was to conduct the public hearing of Ordinance No. 10-2021. City Manager Larese indicated the
company met the criteria for a tax abatement of 70 percent for seven years. He also advised that
email comments from citizens were provided to the Council on this agenda item.
Edgar Campo-Palafox, on behalf of the request, was available to answer questions. His company
estimated that approximately seven to twelve employees would transfer to Titusville from New
York. The indication was that approximately 40 jobs would be filled by individuals living on the
space coast. Some jobs would pay an estimated $50,000 per year and this did not include upper
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City Council Regular - July 13, 2021 - 6:30 PM
Email comments from Dwight Severs and Kay St. Onge (citizens) that were submitted on the
agenda item prior to the meeting, were distributed to the Council.
Individual Council members commented or discussed various questions during the public
hearing. Both Mr. Campo-Palafox and North Brevard Economic Development Zone (NBEDZ)
Director Troy Post addressed some of the Council’s questions or comments during the hearing.
The context of Council’s comments was related to the following:
• Whether, if, or how the company might employ local citizens over a five year span of
time to achieve or employ 50 employees.
• Full time employees, part time employees, terms and expectations on the percentages of
these roles. The indication was full time employment was desired.
• Economic Development incentives to attract business to the area and competing with
other communities to attract business.
• Land or site reimbursement cost incentives.
• Capital investment grants.
• County tax payment.
• The cost-benefit analysis for the community.
• The company would indirectly support other jobs in the community, by resources they
needed for their own operations.
• Development, economic investment, and taxable values of the company’s subject site.
• Employee benefit packages.
• Employers typically did not want excessive employee turn-over and would seek to offer
full time employment with benefits for incentives for employees to stay with a company.
• Appeal to Council to consider 100% abatement, instead of 70%.
• A desire for the local community to benefit from the company’s future growth, including
salary and training targets.
• Specifications from the proposed ordinance
• The City was in competition with other communities to attract new business and promote
a diverse local industry and economy.
• Other communities may have site ready locations available to attract the new project. The
idea was to entice the project to locate within Titusville.
• Salary averages and job creation worksheet
• Providing incentives during an economic upswing and if it was necessary or useful
• Communities being vulnerable to having very few commerce varieties
• Having and promoting more diverse commerce
• Working on many economic growth tools
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City Council Regular - July 13, 2021 - 6:30 PM
Nathan Slusher was neither for nor against the request. Instead, he requested the City not exempt
the project or its requestors from having to pay taxes on services like police and fire, which he
advised would shift the cost burden onto the citizens.
Due to there were no additional persons that wished to speak, Mayor Diesel closed the public
hearing.
Motion:
Member Jordan moved to approve Ordinance No. 10-2021 for the Economic Development Ad
Valorem Tax Abatement to Dark Storm Industries, LLC (Project Freedom) for 100% at 10-years.
Motion:
Member Stoeckel moved to approve Ordinance No. 10-2021 for the Economic Development Ad
Valorem Tax Abatement to Dark Storm Industries, LLC (Project Freedom) for 7-years at 70%,
as recommended. Member Jordan seconded the motion and the roll call vote was:
The motion for approval carried, 4-1, with Member Robinson in objection.
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Ordinance No. 11-2021 - Business Tax Receipt Exemptions – City Attorney Broome read
Ordinance No. 11-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA
AMENDING THE CODE OF ORDINANCES TO REFERENCE BUSINESS TAX RECEIPTS
EXEMPTIONS CREATED BY THE STATE OF FLORIDA, BY AMENDING CHAPTER 11
“LICENSES AND BUSINESS REGULATIONS”, SPECIFICALLY CREATING SECTION
11.37.5 “EXEMPTIONS UNDER STATE LAW”, PROVIDING FOR SEVERABILITY,
REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION
INTO THE CODE, for the second time by title only.
City Manager Larese highlighted the request provided in the Council agenda packet. The request
was to conduct the public hearing of Ordinance No. 11-2021.
Mayor Diesel opened the public hearing. Due to there were no persons that wished to speak, he
closed the public hearing.
Motion:
Member Robinson moved to approve Ordinance No. 11-2021, as recommended. Vice-Mayor
Nelson seconded the motion and the roll call vote was:
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City Council Regular - July 13, 2021 - 6:30 PM
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OLD BUSINESS
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NEW BUSINESS
Mid-Year 2021 Financial Review - City Manager Larese highlighted the request provided in the
Council agenda packet. The request was to accept the FY 2021 Mid-Year Financial Review and
approve the proposed budget amendments for the Fiscal Year's Quarter Ending March 31, 2021,
as presented by Finance Director Bridgette Clements and City Manager Larese. Additionally,
City Manager Larese commended the Finance Director and the Finance Team on their hard
work. Mayor Diesel added that staff’s hard work resulted in excellent financial audits.
Motion:
Vice-Mayor Nelson moved to accept the FY 2021 Mid-Year Financial Review and approved the
proposed budget amendments for the Fiscal Year’s Quarter ending March 31, 2021, as
recommended. Member Jordan seconded the motion and the roll call vote was:
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Work Order for Titusville Government Center - City Manager Larese highlighted the request
provided in the Council agenda packet. The request was to approve Work Order
#AECOMWR014 to AECOM Technical Services Inc in the amount of $361,922 to provide
Architectural and Engineering Consulting Services for a Multi Department Government Center
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Design Development Services and approve Mayor to execute work order upon review of City
Manager and City Attorney. The proposed action was subject to the approval of the mid-year
budget allocation (the prior agenda item).
Mayor Diesel advised that this request was a necessary first step. He followed this by the
concept’s actual realization may require a future voter referendum or voter approval. Member
Robinson indicated support of Mayor Diesel’s comments.
Discussion ensued on the current City Hall building (1960s era) included original concepts to
renovate or expand in the future; however, some present challenges of expanding the current
building was providing enough employee parking and having enough funding to carry the
maintenance costs on the building’s aging mechanical and electrical infrastructure. To this, Vice-
Mayor Nelson requested the anticipated or future maintenance costs for the present City Hall
building be provided in or in conjunction with the proposed consulting services. Public Works
Director Cook added that the life-cycle information of the current building could be provided and
how the consolidations of more departments under one roof and current technologies for a new
building could save on costs, etc.
Member Stoeckel and Public Works Director Cook discussed her questions on evaluating a
location site and building space for a new government complex, the consultant would design for
a generic site format(s), a specific location was not yet identified, consultant selection processes,
consulting costs and cost caps, consultant experience of designing public safety buildings, etc.
Member Jordan supported the request and being proactive to benefit the City’s future. He
realized not everyone would agree with the proposal, but this was the nature of change.
Motion:
Member Jordan moved to approve Work Order #AECOMWR014 to AECOM Technical
Services Inc. in the amount of $361,922 to provide Architectural and Engineering Consulting
Services for a Multi Department Government Center Design Development Services and approve
Mayor to execute work order upon review of City Manager and City Attorney, as recommended.
Vice-Mayor Nelson seconded the motion and the roll call vote was:
xxx
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Advisability - Allocation of American Rescue Plan Act Funding for Community Development
Initiatives - Housing and Small Business - City Manager Larese highlighted the request provided
in the Council agenda packet. The request was to approve advisability on the allocation of
federal American Rescue Plan Act Funding for Community Development Initiatives. He added
that as more information was received from the Treasury and the State, he would provide this
information to the Council.
Member Robinson and Community Development Director Busacca discussed his questions on
the types of financial or other assistance that might be provided to the public. Staff indicated they
were awaiting formal guidance on use of this funding that had not been received yet. In theory,
some ideas on the use of funding might include rental and mortgage assistance, water bills, small
business costs for items like grease interceptors, grants, etc.
Nathan Slusher submitted a public speaking card. He commented on a prior idea to help new
businesses with their start-up or legal costs to open a new business, other than business tax
receipt (BTR) costs---an item that staff had already received advisability from Council.
Member Jordan advised that the County had a website, where the public could apply for rental
and mortgage cost assistance now, but that seemingly no one was applying for the assistance.
Member Robinson indicated the same and that it was important for the public to know they could
apply for assistance on these costs.
Motion:
Member Jordan moved to approve advisability on the allocation of federal American Rescue
Plan Act Funding for Community Development Initiatives, as recommended. Vice-Mayor
Nelson seconded the motion and the roll call vote was:
xxx
Resolution No. 13-2021 - Code Enforcement Lien Amnesty Program - City Manager Larese
highlighted the request provided in the Council agenda packet. In order to incentivize Code
compliance and to settle outstanding liens, a Code Enforcement Lien Amnesty Program was
proposed for adoption via Resolution No. 13-2021.
Assistant City Attorney Chelsea Farrell advised Council that the resolution and amnesty program
served or allowed 5% of an outstanding Code Enforcement fine, but which would not exceed
$1,500 or the amount to be collected from such fines. If approved, the program would last at
least one year.
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Motion:
Member Jordan moved to approve Resolution No. 13-2021 - Code Enforcement Lien Amnesty
Program, as recommended. Vice-Mayor Nelson seconded the motion and the roll call vote was:
xxx
Nathan Slusher commented on the hours of alcohol sales in the Code and his conversations with
businesses that sold alcohol. He requested Council’s consideration of changing the Code on the
hours of alcohol sales. It was noted this subject was an item on the City Attorney’s Report.
xxx
xxx
Council Reports –
Vice-Mayor Nelson commented on having enough local job training opportunities that did not
require citizens to travel to other cities. She desired identifying a building and going out to bid
for training providers to provide these services at a site ready building or one that might be
maintained by the City and used by an education provider.
Mayor Diesel desired collaborating with Brevard Public Schools (BPS) and Eastern Florida State
College (EFSC) to discuss night school opportunities, more vocational training, and to ask
questions like why job training programs were diminishing or went elsewhere. He was presently
aware of high school training programs that offered training in several vocational fields.
City Manager Larese discussed core services and having conversations with EFSC to ask if
student enrollment numbers were the reasons why fewer vocational training opportunities existed
at the EFSC campus in Titusville, etc. He added that the City did participate in the Economic
Development Commission of Florida’s Space Coast certified technician education program and
scholarships.
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Member Stoeckel was aware that college enrollment numbers were down last year, perhaps due
to the COVID-19 pandemic. She also advised that population growth was likely the reason for
more education programs in south Brevard County. These concepts like growth and enrollment
numbers may be a factor on where the college allocated its resources.
Vice-Mayor Nelson indicated that one could argue that her request could be categorized as a core
service of the City.
xxx
It was 10:30 p.m.
Motion:
Member Stoeckel moved to extend the meeting to 10:45 p.m. Vice-Mayor Nelson seconded the
motion and it carried unanimously.
xxx
Member Stoeckel discussed Council’s rules and her concerns on public comment procedures for
Consent Agenda items and for items pulled for further Council deliberation and discussion
versus those not pulled. Consent Agenda was in essence one agenda item for mundane business,
but when Council pulled an item from Consent Agenda for discussion and deliberation, under the
current rules that particular item became a separate and unique agenda item.
Asking a clarifying question was okay, too. Individual Council Members may indicate they do
not want to pull a Consent Agenda item, but they have a clarifying question (if any).
xxx
Member Stoeckel requested a presentation or report on baffle boxes and stated that she has had
citizens specifically ask about the baffle box on Main Street. She wanted information on how
often they were cleaned, cost, etc., prior to the budget process.
xxx
City Manager's Report - City Manager Larese submitted his written report. All items were
informational only, as followed.
• 2021 Red, White, and Boom! Celebration – July 4, 2021 at 7:00 p.m.
• FY 2022 Budget Workshop – Wednesday, August 11, 2021 at 5:00 p.m.
• FY 2022 First Budget Public Hearing – Tuesday, September 7, 2021 at 5:30 p.m.
• FY 2022 Second and Final Budget Public Hearing – Wednesday, September 15, 2021 at
5:30 p.m.
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xxx
City Attorney’s Report - City Attorney Broome submitted his written report. He highlighted the
following two items on his report.
Summary of Extended Hours of Operation Permit for Alcohol Sales – Information and a
memorandum was provided in the Council agenda packet for informational purposes. Council
did not take any action.
xxx
Pursuant to this proposed Memorandum of Understanding, almost all of the settlement funds
would go to abatement activities such as strategies, programming and services to expand the
availability of treatment for individuals impacted by Opioid Use Disorder or co-occurring
Substance Use Disorder and Mental Health Disorders.
This Memorandum of Understanding was being provided for the City Council’s review. The
Attorney General's Office would also be scheduling calls to answer questions (Q&A) about the
Memorandum of Understanding. Subsequently, the proposed Resolution and Memorandum of
Understanding would be scheduled on a future Council agenda for consideration.
City Manager Larese recommended Council register for the Attorney General’s Q&A session as
observers, not a participants, in order to avoid the possibility and unintentional violation of State
Sunshine Laws.
Council did not take any action at the meeting on this information.
xxx
______________________________
Daniel E. Diesel, Mayor
ATTEST:
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____________________________________
Wanda F. Wells, City Clerk
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City Council
Regular Meeting
May 25, 2021
The City of Titusville City Council met in regular session on Tuesday, May 25, 2021, at Titusville
City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida
32796. Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the
Council Chamber included Mayor Daniel Diesel, Vice-Mayor Jo Lynn Nelson and City Council
Members Joe Robinson, Robert Jordan, and Sarah Stoeckel. Also present were City Manager Scott
Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant
Emily Campbell completed the minutes.
xxx
Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance
to the Flag. City Clerk Wanda Wells read the procedures for public comment and participation.
xxx
APPROVAL OF MINUTES
Motion:
Member Jordan moved to approve the minutes of the regular City Council meetings on March 23,
2021 (6:30 p.m.) and April 27, 2021 (5:30 p.m.). Vice-Mayor Nelson seconded the motion. The
roll call vote was as follows:
xxx
Public Works Department Spotlight – Public Works Director Kevin Cook and Deputy Public
Works Director Sandy Reller presented a video highlighting the Public Works Departments. The
eight divisions include engineering, facilities maintenance, fleet management, solid waste,
recycling, stormwater management, street maintenance, and administration.
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Letters of Appreciation – City Manager Larese advised that letters of appreciation were given to
Shawn Holbrook, Justin Johnson, Aaron Jolly, Patrick King, David Martin, Jeffrey Trafton, and
Cheyne Wilson from Fire Rescue Services.
xxx
Affordable Housing Advisory Committee (AHAC) and Resolution No. 16-2021 – City Manager
Larese advised the request was to approve appointment of William "Bill" Gary and confirm
Councilmember Joe C. Robinson, to the AHAC to fill the vacant classifications of Advocate for
Low-Income People and Elected Official, and approve related Resolution No. 16-2021
establishing the membership of the AHAC.
William Gary spoke to council and expressed that although many people in the community were
doing well, there are still people that needed affordable housing and he wanted to help those
people.
Motion:
Vice-Mayor Nelson moved to appoint William “Bill” Gary and confirm Councilmember Joe C.
Robinson to the Advocate for Low-Income People and Elected Official and approve related
Resolution No. 16-2021 establishing the membership of the AHAC. Member Jordan seconded the
motion. The roll call vote was as follows:
xxx
Planning and Zoning Commission - City Manager Larese advised the request was to accept the
resignation of Regular Member Joyous Parrish with a term to expire on January 31, 2023. Ms.
Parrish's resignation was effective on May 11, 2021. The request was also to appoint one (1)
regular member to the Planning and Zoning Commission with an unexpired term to expire on
January 31, 2023. If an alternate member was appointed as a regular member, appoint one (1)
alternate member to the Planning and Zoning Commission with an unexpired term to expire on
January 31, 2022 or January 31, 2023.
City Manager Larese announced that there were four applications on file to consider for the
appointment including Mr. Danny Aton, Mr. Christopher Childs, Mr. Robert Johnston, and
Alternate Member Ms. Catherine Riley. He stated that they have all expressed their willingness
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and desire to serve on the Planning and Zoning Commission as a regular member with a term to
expire on January 31, 2023.
Motion:
Member Jordan moved to approve the resignation of Regular Member Joyous Parrish from the
Planning and Zoning Commission, with regrets. Vice-Mayor Nelson seconded the motion. The
roll call vote was as follows:
xxx
Vice Mayor Nelson expressed that Ms. Catherine Riley has been with the Planning and Zoning
Commission for a while as an alternate member and has been attending the meetings and stated
that her vote was to move Ms. Catherine Riley to a regular member and appoint Mr. Danny Aton
as an alternate member.
Member Jordan expressed that he wanted Mr. Danny Aton to be voted in as a regular member and
leave the alternates in their current position.
Member Stoeckel stated that she believes that Mr. Danny Aton would be an excellent choice as a
regular member.
Robert Johnston expressed that he would like to see himself or Ms. Catherine Riley take the role
as a regular member for the Planning and Zoning Commission.
Laurilee Thompson expressed that Ms. Catherine Riley deserves the opportunity to step up from
an alternate member to a regular member and that she always attended the meetings although she
was not required to attend the meetings as an alternate member. She stated that Mr. Danny Aton
would make a good alternate member that could possibly move up to a regular in the future.
Catherine Riley stated that for the last eight months, she served on the Planning and Zoning
Commission as an alternate member. She stated that it was a lot of work to be on the commission
as an alternate member, but she enjoyed reading the many pages to prepare her for the meetings.
She stated her experience separates her from the others by having thirty-nine years of experience
as an attorney, as well as twenty-two years being a small business owner in Titusville.
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Danny Aton stated that he was a commercial business owner, commercial real estate owner, and a
member of the North Brevard Economic Development Zone Board since its founding, etc.
Member Jordan moved that we nominate Danny Aton as a regular member to the Planning and
Zoning Commission. Vice-Mayor Nelson moved to nominate Catherine Riley as a regular member
to the Planning and Zoning Commission.
Danny Aton was appointed as a regular member to serve on the Planning and Zoning Commission.
xxx
Stan Johnston discussed an email that he sent to council regarding an engineering report from
Geosyntec Consultants, etc.
Laurilee Thompson passed out the Indian River Lagoon National Estuary Report, that included
many grant opportunities. Ms. Thompson stated that the National Estuary Program also provided
free grant writers to prepare grants for cities. She discussed the Tourism and Lagoon grant that just
opened last week for $50,000 with no matches required and was due on June 21, 2021. Ms.
Thompson also included a draft letter asking the Governor to declare the Indian River Lagoon in
a state of emergency to receive additional funding.
Linda Meeuwenberg stated that she was a professor in the department of nursing and dental
hygiene. She stated that taking fluoride out of the water would be an issue and that we need to take
care of our children’s teeth by keeping fluoride in the water. She expressed that the World Health
Organization also backs fluoride use in the water. She provided pictures of a three-year-old child’s
teeth who had to have a full mouth extraction from lack of fluoride.
Jim Antoon who was a dentist in Brevard County was in support of leaving fluoride in the water
for Mims and Titusville. He expressed that removing fluoride from the water in Mims would affect
Titusville because the children would most likely be using the dentist and doctors in Titusville,
although they reside in Mims.
Maria Stahl was the administrator and health officer at the Florida Department of Health in Brevard
county. She spoke about bringing children and adults into Parish Medical Center and Space Coast
Health Administration to deal with dental needs and explained that these cases would get worse
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with lack of fluoride. She provided a copy of the American Dental Associations Premiere Research
of Fluoridation named Fluoridation Facts.
Shannon Harp worked in the Public Health Dental Program for the Department of Health and
explains that they supported fluoride in water since 1949. She stated that for every dollar invested
in community water fluoridation saved around thirty-eight dollars in dental treatment. She also
provided a copy of the American Dental Associations Premiere Research of Fluoridation named
Fluoridation Facts.
Dr. Angela McNeight was an orthodontist and president of the Brevard County Dental Association.
She expressed her support for fluoridation in Titusville’s water and her disappointment in the
decision to remove fluoride from the water in Mims.
Kevin Hachmeister was the Dental Director at Brevard County Health Alliance. He expressed that
he has taken care of children on Medicaid and Adults who were uninsured and asked that the
citizens think of those people before allowing anyone to stop fluoridating the water.
Kimberly Dower-Thornton was a pediatrician with Pediatrics in Brevard. She expressed that she
was there to protect and advocate for her pediatric patients in Brevard.
Lisa Mosier thanked Council for listening to the citizens about fluoridation, etc.
John Andrews stated that he was a dentist in Titusville and explained how important it is for
fluoride to be in the water because of the many people who do not have dental care.
Dr. Yoshita Patel was the owner of Viera Pediatric Dentistry. She thanked the Council for allowing
the citizens to be heard. She explained that she does free days of care at her office for the children
whose families cannot afford dental insurance. She expressed that having fluoride in the water was
one of the cheapest ways to protect these children’s teeth and oral health.
xxx
At 7:45 p.m. Mayor Diesel called for a recess. The meeting resumed at 7:55 p.m.
xxx
Thomas Perez on behalf of Keep Brevard Beautiful (KBB) requested that Council allow him to
attend the next City Council meeting to discuss the Compost Program. This was not authorized by
City Council; however, Council requested staff provide additional information on the program
approved by West Melbourne. Public Works Director Kevin Cook advised he will reach out to
West Melbourne to research their proposal.
xxx
CONSENT AGENDA
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City Clerk Wanda Wells advised that there were ten cards submitted from one individual.
Member Robinson suggest that the council review the bids carefully and to not just pick the lowest
bid because it could end up costing the most after the project was completed.
A. Award Contract to Slip Line Various Gravity Sewer Mains - Approve a piggyback consent
agreement with Granite Inliner, LLC of Sanford, Florida pursuant to City of Casselberry annual
contract #RFP-2019-0467 for slip lining of various gravity sewer mains throughout the City for a
maximum authorized amount for FY21 not to exceed $600,000, authorize purchase orders to be
issued on an as needed basis, and authorize the Mayor to execute the agreement upon review and
approval of the City Attorney.
C. Change Order #1 to Contract #21-B-017 with Gregori Construction, Inc. - Approve Change
Order #1 in the amount of $33,350 to Contract #21-B-017 with Gregori Construction, Inc to
include the necessary repairs at the corner of Titusville High School and South Washington Ave
and authorize the City Manager to execute the change order.
D. Wash Rack Inspection, Maintenance and Repair Services Contract Award - Approve the award
of contract to EST Companies of Tempe, AZ in the amount of $39,736 for the wash rack
inspection, maintenance and repair services for the wash rack located at the City Garage and
authorize the Mayor to execute said contract upon review and approval of City Attorney and staff.
E. Change to increase estimated quantities on Contract #SV20B014 with KAG Specialty Product
Group for Lime Slurry Removal Services - Approve modification to change the annual estimated
quantities (tons) from 8,500 to 15,500 for Contract #SV20B014 between the City and KAG
Specialty Product Group, LLC for additional lime slurry removal services on an as needed basis
and authorize the City Manager to approve Purchase Orders on an as needed basis.
F. Wastewater and Water Production Chemical Purchases Contract B-20-01-COC - Approve the
change in use of the Brevard County Public Entity Purchasing Cooperative Contract B-20-01-COC
for wastewater and water treatment chemical purchases including Allied Universal Corporation of
Miami, Florida for acquisition of Sodium Hypochlorite; Matheson Tri-Gas, Inc of Irving, Texas
for acquisition of Carbon Dioxide; Harcros Chemicals, Inc of Tampa, Florida for the acquisition
of Hydrofluorosilicic Acid, to purchase on an as needed basis not to exceed the combined annual
adopted chemical budget for Water Resources each fiscal year as long as the Contract remains
enforce. At the November 12, 2019 City Council meeting these vendors were approved for
inclusion in the approved Vendor of Record List greater than $15K for purchases; and authorize
the City Manager to issue purchase orders on an as needed basis moving forward in accordance
with the authorization permitted for Vendors of Record.
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G. Emergency Work Order for PLC Replacement and Engineering Programming Services for the
Blue Heron Water Reclamation Facility - Approve the award of an emergency work order to Rocha
Controls of Tampa, FL in the amount of $117,823 for the replacement of two Programmable Logic
Controller (PLC)’s at the Blue Heron Water Reclamation Facility (WRF) and authorize the Mayor
to execute the work order upon review and approval of City Manager and City Attorney.
I. Engineering Services for Collector Sidewalk Infill - Approve the award of Work Order #3 to
Kimley-Horn and Associates, Inc in the amount of $254,407.04 to provide engineering consulting
services including, but not limited to, preparation of plans, permitting, survey services, bid
assistance and construction phase services. Additionally, authorize the Mayor to execute the Work
Order upon review and approval of City Manager, City Attorney, and City staff.
J. Brevard County Fire Rescue (BCFR) First Responder Vaccine Incentive Program Memo of
Understanding for Municipal Fire Departments with Existing Auto Aid Agreements - Approve the
Brevard County Fire Rescue First Responder Vaccine Incentive Program Memorandum of
Understanding for Titusville Fire Department and authorize the City Manager to execute means
necessary to provide incentives in accordance with the BCFR Memorandum of Understanding to
the identified first responders employed with the Titusville Fire Department.
Stan Johnston submitted a public speaking card on all consent agenda items. He expressed that he
opposed Agenda items A, E, F, G, and I because they were under the direction of Water Resources
Director Sean Stauffer. Mr. Johnston said the City was dumping lime slurry into the wetlands
located west of old Whispering Hills School, etc. Mr. Johnston asked for seven more minutes from
Council to discuss the agenda items. Council did not extend his time.
Motion:
Member Jordan moved to approve Consent Agenda item A through J, in accordance with
recommendations. Vice-Mayor Nelson seconded the motion. The roll call vote was as follows:
xxx
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The Planning and Zoning Commission considered this item during their meeting on May 19, 2021
and tabled until the tree ordinance and LID ordinance were approved, 7-0. Staff was withdrawing
this item until the Planning and Zoning Commission provided their recommendation.
Council recommended giving the Planning and Zoning Commission a time frame for their
recommendations. Member Stoeckel as well as Member Robinson recommended that the
recommendations be decided by the Planning and Zoning Commission by their June 2nd or June
16th meeting.
xxx
Ordinance No. 12-2021 Relating to Temporary Offices in Industrial Zoning – City Manager Larese
advised this item was to conduct the first public hearing for Ordinance No. 12-2021 amending
Chapter 28 “Zoning” of the Land Development Regulations to allow temporary offices as an
accessory use in Industrial zoning classifications and specifying standards; specifically amending
Section 28-342 “Accessory use table” and creating Section 28-374 “Temporary offices”; providing
for severability; repeal of conflicting ordinances; for an effective date and for incorporation into
the code. (This was the first reading and first of two required public hearings. The second public
hearing was scheduled for June 8, 2021 beginning at 6:30 PM.)
Community Development Director Peggy Busacca explained that the staff proposed a minimum
lot size of five acres for Ordinance No. 12-2021. Staff also proposed that no more than two
temporary office units are permitted per property at any one time for a total amount of sixth months
in a calendar year unless otherwise authorized by the Council. Staff also stated that a class one site
plan would be required and the temporary office must be removed after the permit period ends.
Member Jordan explained that he does not agree with the five acre minimum and suggested that
staff changed it to one acre.
The Planning and Zoning Commission will consider this ordinance on their June 2, 2021 meeting.
David Mandernack from Astrotech Space Operations thanked the council and explained that the
offices were located off to the side of the parking lot and that access to the parking lot for
emergency vehicles would not be affected. Mr. Mandernack explained that the buildings would be
sitting on paved pathways and the run off storm water would not be affected by these buildings.
Council discussed acreage (five versus one), calculating a percentage for acreage, location of
temporary offices, length of time to allow the temporary offices on property, zonings, etc.
xxx
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ORDINANCES-FIRST READING -
Ordinance No. 13-2021 - Relating to Impact Fee Credit Transfers – City Manager Larese advised
this item was to conduct the first reading of Ordinance No. 13-2021 amending the Code of
Ordinances Chapter 34 “Procedures” to include provisions related to transfer of impact fee credits
consistent with State law, specifically amending Section 34-426 “Impact fee credits”; providing
for severability, repeal of conflicting ordinances, an effective date and incorporation into the code.
(The public hearing for this ordinance was scheduled to be conducted by City Council on June 8,
2021 beginning at 6:30 PM.)
The Planning and Zoning Commission considered this ordinance during their meeting on May 19,
2021 and recommended approval as presented, 7-0.
xxx
Ordinance No. 14-2021 - Low Impact Development (LID) – City Manager Larese advised this
item was withdrawn by staff to allow time for the Titusville Environmental Commission, and
Planning and Zoning Commission to make recommendations.
The Titusville Environmental Commission (TEC) considered this ordinance at their May 12, 2021
meeting and continued it to June 9, 2021 meeting. The Planning and Zoning Commission
considered this ordinance at their May 19, 2021 meeting and tabled the item until the TEC makes
their recommendations, 7-0.
Vice-Mayor Nelson suggested setting a time frame to receive the recommendations. Council
requested that the Planning and Zoning Commission consider this item and provide a
recommendation to the City Council by the first regular City Council meeting in July of 2021.
xxx
xxx
NEW BUSINESS
North Brevard Economic Development Zone (NBEDZ) FY 2022 Proposed Operating Budget
(City Contribution) – City Manager Larese advised the recommended action was to review and
approve the North Brevard Economic Development Zone (NBEDZ) FY 2022 proposed operating
budget (City contribution).
Executive Director Troy Post for the North Brevard Economic Development Zone requested that
the council approve the proposed budget for FY 2022. Mr. Post explained to Council that the
budget covered the sanitary sewer extension along US-1, which improved the condition of the
current sewer line. Mr. Post also discussed two new positions for the North Brevard Economic
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Development Zone, an Administrative Assistant as well as a Project Manager, which were not
included in this year’s budget. Mr. Post explained that the Park may be changing names from
Spaceport Commerce Park to Expiration Park West.
Motion:
Member Jordan moved to approve the North Brevard Economic Development Zone (NBEDZ) FY
2022 Proposed Operating Budget (City contribution), as recommended. Vice-Mayor Nelson
seconded the motion. The roll call vote was as follows:
xxx
Nathan Slusher commented on citizens doing great things in the community and wanted to find a
way to reward them in some way, possibly with tax abatements. City Attorney Broome advised
that tax abatements have no flexibility; however, there may be other opportunities through
Neighborhood Services and/or available grant programs. Mayor Diesel explained that the City was
very limited on what they can do with taxes because of the legalities and state statutes. Mayor
Diesel advised that staff will need to review.
xxx
Mayor Diesel stated that he went to two Titusville High School orchestra concerts as well as their
tambourine to show his support and visibility to the community.
xxx
Council Reports –
Member Robinson stated that he was with Mayor Diesel all weekend at events.
xxx
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Member Jordan commented on installing signage on State Road 405 coming from the Space Center
and turning right on US 1 toward Titusville because there is currently no signage pointing visitors
in the direction of Titusville. He spoke to someone at the State of Florida Traffic Division that
advised him that there is a program that will allow the City to have a sign installed. The City will
have to determine the design of the sign and have it approved by the State of Florida Traffic
Division. Council supported this request.
xxx
Vice-Mayor Nelson discussed Reflections, which was previously Hospice of St. Francis. Vice-
Mayor Nelson explained Reflections was looking into doing their Lights of Love event downtown
where they found two oak trees, one at Veterans Park and the other at the Pritchard House.
xxx
Vice-Mayor Nelson asked council about constructing a park on the City’s property that backs up
to the bike trail on South Deleon Avenue and Blanton Street.
Member Jordan expressed that he was not in favor of constructing another park.
Public Works Director Kevin Cook explained that the City does not maintain this property or parks
and that they have to pay other companies to maintain the land. Public Works Director Cook
mentioned that Public Works could add benches by the trail, if council wanted.
Mayor Diesel explained that a bench could be a positive or negative along the walking trail
depending on where they are placed, and who would use them. Mayor Diesel expressed he would
like to hold off for now.
Member Stoeckel and Member Robinson agreed with Mayor Diesel to hold off on the park at this
time.
xxx
Mayor Diesel expressed that he would be attending the Titusville High School graduation on
Friday, May 28, 2021 and Astronaut High School graduation on Saturday, May 29, 2021. He also
congratulated the students, teacher and staff for getting through this school year during the
pandemic (Covid 19).
xxx
Mayor Diesel asked staff about the amount of time given to the public to speak on consent agenda
items and asked staff to look into how long other Cities give the public to speak on consent agenda
items.
Member Stoeckel stated that she believed our City does a good job at allowing people to speak
and granting more time, when necessary. She commented on procedures for other Cities.
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Vice-Mayor Nelson reminded staff that the public could e-mail Council about topics or agenda
items, as well as speak at meetings.
City Attorney Broome explained that the citizen must be given a reasonable opportunity to speak
on any proposition before council. He asked for permission from Council to reach out to Attorney
Nikki Day who represented other cities in Florida for input on this topic. There was no objection
from the City Council.
xxx
City Manager Larese advised that City Council would run through one more meeting in the current
setup before going back to the previous setup and rules prior to pandemic, but would like to leave
his table and his staff’s table where they are currently located. He explained we would be getting
a new podium to replace the temporary podium.
xxx
City Manager Larese requested Council’s support of the North Brevard Art League’s efforts in
securing a Cultural Facilities Grant and asked for authorization to have the mayor sign the letter.
Council authorized the Mayor to sign a letter to the Florida State Division of Cultural Affairs,
Chief of Grants Administration, in support of the North Brevard Art League’s efforts in securing
a Cultural Facilities Grant.
xxx
xxx
xxx
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______________________________
Daniel E. Diesel, Mayor
ATTEST:
__________________________
Wanda F. Wells, City Clerk
Page 13 of 13
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City Council
Regular Meeting
June 8, 2021
The City of Titusville City Council met in regular session on Tuesday, June 8, 2021, at Titusville
City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida
32796. Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the
Council Chamber included Mayor Daniel Diesel, Vice-Mayor Jo Lynn Nelson and City Council
Members Joe Robinson, Robert Jordan, and Sarah Stoeckel. Also present were City Manager Scott
Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant
Emily Campbell completed the minutes.
xxx
Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance
to the Flag. City Clerk Wanda Wells read the procedures for public comment and participation.
xxx
APPROVAL OF MINUTES
Motion:
Member Jordan moved to approve the minutes of the regular City Council meetings on April 13,
2021 and May 11, 2021. Vice-Mayor Nelson seconded the motion. The roll call vote was:
xxx
xxx
Titusville Environmental Commission – City Manager Larese announced that the Titusville
Environmental Commission's semi-annual written report was included in the agenda packet. No
action was required.
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Titusville Environmental Commission (TEC) - Leave of Absence – City Manager Larese advised
the request was to approve TEC Member Michael Myjak's four month leave of absence from July
2021 through October 2021.
Mr. Myjak explained his leave of absence was because he purchased a cabin out of state, but would
attend the meetings from zoom once he had the internet set up.
Stan Johnston expressed his support for Council to approve Mr. Myjak’s leave of absence, and
explained Mr. Myjak was hardworking and provided good information to the Titusville
Environmental Commission.
Motion:
Vice-Mayor Nelson moved to approve Mr. Myjak’s four month leave of absence from July 2021
through October 2021. Member Jordan seconded the motion. The roll call vote was as follows:
xxx
Toni Shifalo thanked council and staff for the new podium.
Stan Johnston discussed a sewage spill and fountains near the Indian River Lagoon, etc.
John Niland discussed the water systems that contain 0.7 parts per million fluoride. He explained
that fluoride was a non-essential nutrient or vitamin, and that it was the only chemical added to
the water supply for medical treatment.
Michael Myjak expressed that fluoride has been in our water system for seventy-five years and
was recommended by the Centers for Disease Control and Prevention.
xxx
CONSENT AGENDA
City Clerk Wanda Wells advised that there were five cards from one individual.
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A. Resolution No. 19-2021 - Advisability for Right of Way (ROW) Application No. 1-2021 -
Adopt Resolution No. 19-2021 declaring that the City Council will hold a public hearing to
consider the vacating, abandoning, and discontinuing of certain public right-of-way on July 13,
2021 at 6:30 p.m. in the Council Chamber located at 555 South Washington Avenue.
C. Budget Amendment - Solid Waste Vehicles - Approve budget amendments in the amount of
$854,000 from Public Works Impact Fees, unbudgeted revenue and working capital to fund the
expansion of the automated sideloader fleet and rearloader fleet due to the impact of the City's
growth. Additionally, fund the expansion of the automated sideloader reserve fleet and approve
the associated budget amendments and creation of capital outlay projects.
D. Generator Maintenance Contract Award for Water Resources - Approve the award of a contract
to Csonka All Tech of Titusville, FL as primary contractor and CJ's Sales and Services of Ocala,
FL as the secondary contractor to provide maintenance services of Water Resources' generators,
in the annual amount of $50,000, with an initial term of one (1) year and two (2) optional one-year
renewals; and authorize the Mayor to execute the contract.
E. Purchase of Software Upgrades for the Water Reclamation Facilities Operating Systems -
Approve the purchase of two AVEVA Intouch System Platform 2020 and the associated
supporting items from Insource Solutions of Richmond VA in the amount of $60,100.17 to
upgrade the WonderWare Software at both Water Reclamation Facilities, approve a budget
amendment to fund the purchase, and authorize the Mayor to execute the contract.
F. Lease Acquisition of Two Streetsweepers - Approve the acquisition of two new streetsweepers
from Environmental Products of Florida from Apopka, Florida under a 4-year lease agreement
with Leasing 2, Inc. from Tampa, Florida in the amount of $95,710.23 annually, and a maintenance
agreement in the amount of $14,400 annually. Additionally, authorize the Mayor to execute all the
necessary agreement documents subject to the resolution of agreements terms and conditions by
the City Manager and City Attorney, create associated capital outlay project and approve the
associated budget amendment.
Stan Johnston expressed to Council that he supported Consent Agenda Item A and was opposed
to Consent Agenda Items B, C, D, and E. He discussed improvements at the senior center, and
design construction of the dam at the end of Carrol Avenue. Mr. Johnston explained that he does
not support the items under the direction of Water Resources Director Sean Stauffer.
Motion:
Member Jordan moved to approve Consent Agenda item A through F, in accordance with
recommendations. Member Stoeckel seconded the motion. The roll call vote was as follows:
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xxx
Ordinance No. 12-2021 Relating to Temporary Offices in Industrial Zoning – City Attorney
Broome read, Ordinance No. 12- 2021 amending Chapter 28 “Zoning” of the Land Development
Regulations to allow temporary offices as an accessory use in Industrial zoning classifications and
specifying standards; specifically amending Section 28-342 “Accessory use table” and creating
Section 28-374 “Temporary offices”; providing for severability; repeal of conflicting ordinances;
for an effective date and for incorporation into the code.
City Manager Larese advised the recommended action was to conduct the second public hearing
for Ordinance No. 12-2021.
The Planning and Zoning Commission considered this ordinance on June 2, 2021 and
recommended approval as written with the following recommended changes: under (c)(1)b. the
administrator may approve the two (2) months extension and City Council may provide additional
extensions after the initial two (2) month extension. Also add to Subsection h. temporary pervious
parking may be approved during site plan process of site permits by the Administrator. The motion
carried with a 7-0 vote.
David Mandernack from Astrotech Space Operations, expressed his appreciation toward the City
for working with Astrotech quickly and cooperatively throughout the constraints of Ordinance No.
12-2021.
Stan Johnston expressed that the St. Johns River Water Management District required people to
put retention ponds on their lots and explained that he does not want that to happen again.
Motion:
Member Jordan moved to approve Ordinance No. 12-2021 Relating to Temporary Offices in
Industrial Zoning. Member Stoeckel seconded the motion with discussion to clarify that it
includes the staff and Planning and Zoning Commission’s recommendations excluding Section
28-374(c)(1)(a) - The building coverage maximum shall not exceed seventy (70) percent of the
total lot area. The roll call vote was as follows:
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xxx
Ordinance No. 13-2021 - Impact Fee Credit Transfers – City Attorney Broome read, Ordinance
No. 13- 2021 amending the Code of Ordinances Chapter 34 “Procedures” to include provisions
related to transfer of impact fee credits consistent with State law, specifically amending Section
34-426 “Impact fee credits”; providing for severability, repeal of conflicting ordinances, an
effective date and incorporation into the code.
City Manager Larese advised the recommended action was to conduct the second reading of
Ordinance No. 13-2021.
The Planning and Zoning Commission considered this ordinance during their meeting on May
19, 2021 and recommended approval as presented, 7-0.
Member Jordan moved to approve Ordinance No. 13-2021 - Impact Fee Credit Transfers, as
recommended. Member Stoeckel seconded the motion. The roll call vote was as follows:
xxx
Ordinance No. 15-2021 Relating to Breweries - City Manager Larese advised that this item was to
conduct the first reading and first public hearing. No action would be required.
City Attorney Broome read, Ordinance No. 15-2021 amending Chapter 28 “Zoning” of the Land
Development Regulations to add craft brewery/craft distillery as a permitted use with limitations
in the Tourist (T), Community Commercial (CC), Downtown Mixed Use (DMU), Shoreline Mixed
Use (SMU), Regional Mixed Use (RMU) and Urban Village (UVv) zoning districts, amending the
permitted use with limitations to require a conditional use permit in the Urban Mixed Use (UMU)
zoning district, and amending the definition and standards of craft brewery/craft distillery and
removing microbrewery as a permitted use with limitations in the Downtown Mixed Use (DMU)
zoning district; specifically amending Section 28-54 “Use table”, Section 28-204 “Craft
brewery/craft distillery” and deleting Section 28-213 “Microbrewery”; providing for severability;
repeal of conflicting ordinances; for an effective date and for incorporation into the code.
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This was the first reading and first public hearing. The second and final public hearing was
scheduled for July 13, 2021 at 6:30 PM.
The Planning and Zoning Commission considered this ordinance on June 2, 2021 and
recommended approval with the following recommendation to change any zoning category that
allows residential uses to require a conditional use where the proposed brewpub was within 100
feet of a residential use, otherwise the brewpub use shall be permitted as a limited use. The motion
carried with a 7-0 vote.
Community Development Director Peggy Busacca explained that some of the City’s districts were
mix-use districts, which allowed residential zoning and commercial zoning to be located right next
to each other.
Vice-Mayor Nelson explained that with conditional use and a pub if there were a significant
number of complaints, City Council could modify or rescind the zoning.
Member Robinson expressed his concern that 100 feet was not enough distance, but appreciated
that there were ways to address the complaints if there were any.
Council discussed the Planning and Zoning Commission’s recommendations, 100 feet buffers,
noise levels, parking, etc. Following Council’s discussion, Mayor Diesel requested additional
information of examples of when the 100 feet buffer was working and when it was not working
for Brewpubs that were near residential properties. Community Development Director Peggy
Busacca advised that staff would research that information.
xxx
ORDINANCES-FIRST READING
Ordinance No. 16-2021 Grease Interceptors – City Attorney Broome read, Ordinance No. 16-2021
amending the Code of Ordinances to amend Chapter 21, Article III, Division 8 “Grease
Interceptors” of the Code of Ordinances to provide flexibility to existing facilities requiring a
grease interceptor; by amending section 21-240(a)(1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3)
and deleting section 21-240(c)(1); providing for severability, repeal of conflicting ordinances, an
effective date and incorporation into the code.
This was the first reading. The second reading and public hearing was scheduled for the regular
City Council meeting on July 13, 2021 at 6:30 p.m.
Mayor Diesel discussed his concern for the cost of grease traps, because of the large range in price
from a few hundred up into the thousands.
Water Resources Department Utility Engineer Manager Ashleigh Smith reviewed other
municipalities’ codes, options, and risks and revised the Code that addressed existing facilities.
The revisions removed the case by case evaluation process, and allowed the design and sizing for
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xxx
xxx
NEW BUSINESS
Sand Point Park Sewer Spill Update – City Manager Larese advised the recommended action was
to authorize the City Manager to execute Consent Order 21-0113 with the Florida Department
Environmental Protection.
Water Resources Director Sean Stauffer presented Corrective Actions Eliminating the Cause and
Preventing Recurrence Force Main Leaks:
• Corrective Actions Undertaken Prior to Consent Order
o Isolated Ponds
o Added Aeration
o Removed Contaminated Water
o Delayed Reconnection
o Inventoried Force Main Crossings
o Developing New Specifications
o Improving Early Warning Systems
o Designing Replacement of Force Main
o Sand Point Stormwater Ponds Evaluation
• Crossing Assessments (Time Constraints)
• Capacity, Management, Operations and Maintenance (CMOM) and Asset Management
(AM) Program Plan
• Force Main Replacement
• Civil Penalties and Cost
• Installed East and West Ponds (Beemats)
Water Resources Director Sean Stauffer explained that Water Resources would check the hourly
flows and compare those hourly flows to a seven-day previous running average.
Stan Johnston asked Council and Water Resources Director Sean Stauffer how the meters did not
detect seven million gallons of leakage, etc.
Vice-Mayor Nelson moved to approve Consent Order 21-0113 with the Florida Department of
Environmental Protection, as recommended. Member Stoeckel seconded the motion. The roll call
vote was as follows:
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xxx
Nathan Slusher requested two items be reviewed: (1) the possibility of installing flow meters
with lights when building aerial crossings/water crossings to allow citizens to call the City to
prevent large water and/or sewer leaks and (2) As it related to Beemats and removing clippings
that contain nitrogen and phosphorus, Mr. Slusher asked if there would be a way to give the
nitrogen and phosphorus back to the local farmers. Water Resource Director Sean Stauffer
advised that he could discuss with the contractor to see how the clippings were being disposed of
at this time.
Member Stoeckel asked if there was somebody monitoring for a leak 24/7. Sean Stauffer
explained that there were multiple monitoring systems throughout the system, including the level
of the wet wells and lift station. He explained the Scada system, that reviews levels 24/7 and was
equipped with an auto dialer that would alert the on-call supervisor.
Anna Breman from Luna Trail complex discussed an increase in rent for low-income housing.
Sharon Joache from Luna Trail explained that the lease was advertised for $636 and when they
arrived, it was changed to $705 plus $50 for washer and dryer and also added water and sewage.
Ms. Joache explained that when she asked about increase and issues, no one would answer her.
City Attorney Broome explained that Luna Trail sounded like a Federal Program that was not
run by the City. He suggested talking with Neighborhood Services Director Terrie Franklin to
figure out what programs were available.
Member Robinson explained that Housing and Urban Development (HUD) raises and sets the
standards of rent prices per zip code every year. Member Robinson suggested contacting HUD
and Fair Housing Bureau to review the agreement for the tax credit and the standards. He also
explained that the agreement was between HUD and the contractor, so locally the City had no
power over the increases of rent.
Valerie Fortunate from Luna Trail complex stated that she moved in June 1, 2021 and has not
received a copy of her lease agreement. She explained that when they received all her bank
statements and paperwork for the lease agreement, the company was using her stimulus check as
part of her income.
xxx
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Draft
Mayor Diesel expressed that he fed the homeless breakfast on May 29, 2021 with Vice-Mayor
Nelson. He also went to Port Canaveral to view the new Carnival Cruise Mardi Gras. He attended
Titusville High School’s graduation and Astronaut High School’s graduation.
xxx
Council Reports –
Vice-Mayor Nelson went to the Breakfast for the homeless on May 29, 2021 and served 52
meals. She also went to the mangrove planting at the end of Main Street.
Member Robinson attended a training webinar with the representative for the Affordable
Housing Council regarding the future planning of land use.
xxx
CITY MANAGERS REPORT
City Manager Larese commented on the partnership with Brevard County Schools, which allowed
the Titusville Police Department to use Madison Middle School for an active shooter training class.
He expressed that the City currently has 46 projects underway, including 11.8 miles of roadway
that were paved.
He remined council about the fourth of July celebration from 7:00 p.m.-9:30 p.m. at the Chain of
Lakes.
xxx
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xxx
______________________________
Daniel E. Diesel, Mayor
ATTEST:
__________________________
Wanda F. Wells, City Clerk
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City Council Regular - July 13, 2021 - 6:30 PM
Category: 6.
Item: A.
City of Titusville
Recommended Action:
Provide direction regarding the TEC recommendation to invite speakers from the Marine
Resources Council and St. Johns River Water Management District to provide information
about Low Impact Development.
The City staff are preparing a presentation about LID during the July 27, 2021 Council
Presentation meeting before Council considers the LID ordinance. City Council has
previously received a presentation on LID by Fred Milch of the East Central Florida Regional
Planning Council and two presentations by staff.
Alternatives:
As Council desires.
Item Budgeted:
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 4 – Economic Development
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ATTACHMENTS:
Description Upload Date Type
06.09.21 Minutes Draft TEC 6/15/2021 Backup Material
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City Council Regular - July 13, 2021 - 6:30 PM
Category: 6.
Item: B.
City of Titusville
Recommended Action:
Accept the resignation of Regular Member Bryan Bobbitt of the Titusville Environmental
Commission with an unexpired term to expire on November 30, 2021. His resignation was
effective on June 8, 2021. Additionally, appoint one regular member to the Titusville Environmental
Commission with an unexpired term to expire on November 30, 2021. If an alternate member is
appointed as a regular member, appoint one alternate member to the Titusville Environmental
Commission with an unexpired term to expire on November 30, 2023.
Accept the resignation of Regular Member Bryan Bobbitt (non-resident) of the Titusville
Environmental Commission with an unexpired term to expire on November 30, 2021. His resignation
was effective on June 8, 2021. Additionally, appoint one regular member to the Titusville
Environmental Commission with an unexpired term to expire on November 30, 2021. If an alternate
member is appointed as a regular member, appoint one alternate member to the Titusville
Environmental Commission with an unexpired term to expire on November 30, 2023.
Alternate Member Laurilee Thompson (non-resident) has also expressed her willingness to serve on
the Titusville Environmental Commission as a regular member with an unexpired term to expire on
November 30, 2021. Alternate Member William Young does not wish to serve as a regular member
at this time.
Currently, there is one application on file for consideration. Mr. Robert Stanley Johnston (resident)
has expressed his willingness to serve on the Titusville Environmental Commission as a regular
member with an unexpired term to expire on November 30, 2021. If Mr. Johnston is not appointed as
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a regular member, he could be considered as an alternate member for a unexpired term to expire on
November 30, 2023.
Alternatives:
N/A
Item Budgeted:
NA
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
Bryan Bobbit TEC resignation letter 6/11/2021 Backup Material
Robert Stan Johnston Application 7/6/2021 Backup Material
Laurilee Thompson Application 7/6/2021 Backup Material
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Category: 6.
Item: C.
City of Titusville
Recommended Action:
The Historic Preservation Board's semi-annual written report is included in the agenda packet.
No action is required.
Alternatives:
Item Budgeted:
Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic Development
ATTACHMENTS:
Description Upload Date Type
HPB January - June Semi-Annual Report 6/14/2021 Backup Material
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________________________________________________________________________
Accomplishments - During the past six months, the Board has accomplished the following:
• A workshop was held with Coherit Associates regarding the review and input to the Explore
Historic Titusville booklet, website and mobile app walking and driving tours.
• Completed a FY 2021 Small Matching Grant project that created the Explore Historic
Titusville booklet, web site and mobile application. The cost of the project was $30,000
from the Florida Division of Historical Resources. No match from the City was required
since the City is a CLG.
• The Board approved with conditions COA – 4 – 2021, a Certificate of Appropriateness for
proposed parking, landscaping, and ADA ramp additions at the Carter House, located at 126
S. Grannis Avenue.
• The Board discussed and followed House Bill 55 in the Florida State Legislature and its
possible ramifications regarding the creation of Neighborhood Conservation Districts. The
Bill pre-empts local design standards.
• The Board discussed and provided direction regarding the process and review of buildings
eligible for historic designation that are proposed to be demolished.
• Reviewed and approved the submittal of a FY2023 State of Florida Division of Historical
Resources Small Matching Grant application to create Design Guidelines for Historic
Buildings in the amount of $50,000. (Please note no City match is required as the City is a
Certified Local Government (CLG)
• Planned for the Annual Historic Preservation Workshop in October, 2021 with a guest
speaker from the City of Sarasota.
• The Board approved COA -1- 2021 with conditions. The application involved the demolition
of a structure at 723 S. Palm Avenue which is designated on the Titusville Historic Register.
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• The Board approved COA – 2 – 2021 with conditions. The case involves alterations to the
building at 407 S. Washington Avenue a potentially eligible contributing structure to the
National Historic Commercial District. Alterations include the addition of awnings,
windows, an ADA ramp, ADA accessible entrance/exit and painting of the façade.
• Recommended that the advisability be sent to the City Council to amend the Historic
Property Ad Valorem Tax Exemption Code to be consistent with the Florida Administrative
Code. The item is scheduled to be on the August 10th City Council meeting.
Work plan - The Board will continue to work on strategies to encourage property owners of
historic buildings to participate in listing their buildings on the City’s Local Historic Register.
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Category: 8.
Item: A.
City of Titusville
Recommended Action:
Adopt the proposed fee Resolution No. 21-2021 for Community Development fees.
Alternatives:
1. Approve the fee resolution as proposed.
2. Approve the fee resolution with changes.
3. Do not approve the fee resolution.
Item Budgeted:
Strategic Plan:
No. 2 – Efficient and Effective Services
ATTACHMENTS:
Description Upload Date Type
Fee Resolution 7/1/2021 Backup Material
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WHEREAS, the City of Titusville offers a number of significant services to its residents,
businesses owners and visitors for which it charges fees that should be commensurate with the
cost incurred by the City to perform the services, and
WHEREAS, these fees were removed from the Code of Ordinances and adopted by the
Titusville City Council in Resolution No. 31-2016 and subsequently amended by Resolutions
No. 11-2018, No. 6-2019, No. 26-2019, No. 43-2019, No. 17-2020 and No. 11-2021; and
WHEREAS, the Titusville City Council desires to periodically review and update fees in
order to accurately reflect City costs to provide services; and
WHEREAS, the City desires to clarify current fees and create new fees needed to
recoup the cost of providing selected services and reviews to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TITUSVILLE that Resolution No. 11-2021 is hereby amended to read as follows:
The Titusville City Council establishes the following fees related to the development of land.
Where not in conflict with State law, fees and costs may be adjusted, deferred or waived at the
discretion of the City Manager or designee, on a case by case basis, to the extent provided for
herein .
(f) Planned Industrial Park, Planned Unit Development, Urban Village Zoning and other
Master Plan approval or amendment……………………………..………………..$ 1,575.00
Plus $8.00 per acre and $8.00 per lot / dwelling unit, Plus legal advertisement cost
(The $8.00 per acre fee for a Master Plan will not be collected when the Master Plan is
accompanied by a CPA or REZ.
Note: All fees calculated on acres/lots are based on total acres/lots including fraction thereof.
(e) Miscellaneous
1. Public Record Recording, plus Brevard County filing charges .... $ 55.00
2. Flood Zone Determination/Certification, each ..................................... $ 75.00
3. Fire Hydrant Flow Test, each ……………………………………………. $ 170.00
4. Force Main Pressure Test (existing tap), each ……….……………….. $ 150.00
5. Force Main Pressure Test (new tap), each ……………………………. $ 525.00
6. Impervious Concrete Inspection………………………………………..$ 100.00
7. Any permit not listed …………….……………………………………..…2.5%* of
approved site development construction cost, but not less than $100.00
*A surcharge shall be assessed on each permit fee in the amount of 0.3 mil per dollar
valuation. The fee is to be charged on all permits regardless of type, rounded to the
nearest cent including fees required under this chapter and the provisions of the Land
Development Regulations. The funds generated by the surcharge shall be used
exclusively for the training of department personnel and the purchase of technological
tools and equipment for the department.
(e) State mandated Fee. Building Code Administrators and Inspectors Board (BCAIB)
and the Construction Industry Licensing Board (CILB) Homeowners Recovery Fund,
both part of the Department of Business and Professional Regulation (DBPR) is
2.5% fee on all building permits. The minimum amount collected on any permit is
$4.00. (FS 468.631, FS 553.721)
(f) Re-inspection fee. When extra inspection trips are necessary due to, wrong address,
third call on failed work, additional work done after inspection has been made, permit
card not posted, Notice of Commencement not posted, approved plans not on site or
work not ready for inspection when called, a charge of $100.00 shall be paid prior to
final inspection or issuance of a certificate of occupancy or completion. At the
discretion of the building official, the re-inspection fee may be waived due to
extenuating circumstances.
(g) Off-premises signs and billboards. A permit shall be required for the erection,
alteration or repair of any existing or new billboard. Changes to the advertising
message shall not require a permit. Fees shall be as follows:
1. Building plan review…………………………………. $250.00
2. Building permit………………………………………..$500.00
3. Annual license/inspection..…………………………..$200.00
Table A - Permit fees by total valuation:
Valuation Fee
$0.00 to and including $1,000.00 $80.00
$1,000.01 to and including $100.00
$2,000.00
$2,000.01 and up to $100.00 for the first $2,000 and $6.00 for each additional
$100,000.00 $1,000 in construction value.
$100,000.01 and up to $688.00 for the first $100,000 and $5.00 for each additional
$500,000.00 $1,000 in construction value.
$500,000.01 and up to $2,688.00 for the first $500,000 and $3.00 for each additional
$2,000,000.00 $1,000 in construction value.
$2,000,000.01 and higher $7,168.00 for the first $2,000,000 and $2.00 for each
additional $1,000 in construction value
Permit fees shall be based upon the actual construction cost provided by the applicant. If, in the
opinion of the building official, the value of construction cost provided is underestimated on the
application, the applicant may provide sufficient evidence in the form of a valid contract or
professionally certified construction cost estimate. Otherwise, the building official shall set the
valuation of construction cost in accordance with the latest Building Valuation Data as published
by the International Code Council (I.C.C.) and/or other published source(s).
Permit Renewal (Application and plan resubmittal shall be required if 6 Original permit fee
months beyond expiration date)
Permit/Plan Revision $50.00 per line item
Re-review and re-stamping of plans revision, up to but not
to exceed original
plan review fee
Plumbing Permit (Stand Alone) BOV
Pools/Spas BOV
Re-inspection (See paragraph (g) above.) $100.00
Signs (Permanent) BOV
Signs (Temporary)(Maximum of 10 days) See Titusville LDC 39-155 $50.00
Special Inspection (after-hours, weekend, holiday, arranged two days in $75.00 per hour
advance). Minimum three-hour charge
Temporary Storage Units (Per LDR) $50.00 per unit
Temporary Storage Units – Expired / unpermitted $35.00 per day per
unit
Tents/Temporary Structures (Over 120 sq. ft. and 10 or more occupants) BOV
Unauthorized work started prior to issuance of permit. Double permit fee
Fees Not Otherwise Classified: If a fee is not specifically provided for in
this ordinance, a reasonable fee shall be set by the Building Official.
Section 9. Fee Refund/Waiver Policy. Requests for fee refunds or waivers shall be provided to
the City Manager or designee in writing, and the request shall be evaluated based upon the following
criteria:
(a) Advertising fees will be refunded if an application is withdrawn in writing prior to the City
submitting the advertisement to the newspaper.
(b) With the exception of building permit fees and advertising fees, waivers may be approved by
the City Manager or designee for public projects or affordable housing projects.
(c) The City Manager may waive fees during declared emergencies, for projects or situations
related to the said emergency.
(d) The City Manager may waive all or a portion of a fee, if the fee is the result of staff error.
(e) The City Manager or designee may waive the double building permit fee when justifiable
cause has been demonstrated in writing.
Section 10. This resolution shall take effect immediately upon adoption by the City Council.
ATTEST:
___________
Wanda F. Wells, City Clerk
Category: 8.
Item: B.
City of Titusville
Recommended Action:
Authorize the City Manager and Chief of Police to execute the Memorandum of Understanding
between the Florida Department of Children and Families and the City of Titusville on behalf of
the Titusville Police Department.
Alternatives:
Do not approve the City Manager and Chief of Police to execute the Memorandum of
Understanding
Item Budgeted:
No
Strategic Plan:
No. 2 – Efficient and Effective Services
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non-profit entities
This agreement will make the most efficient use of the involved parties powers by cooperation
with other entities on a basis of mutual advantage and otherwise comply with section 39.306,
F.S.
ATTACHMENTS:
Description Upload Date Type
Memorandum of Understanding 6/3/2021 Backup Material
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
This MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into by the FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES (hereinafter, “DCF”); and
The City of Titusville on behalf of Titusville Police Department, the jurisdictionally responsible county
sheriff’s office or local police department, (hereinafter, Law Enforcement Agency [LEA]);
WHEREAS, the Parties seek to make the most efficient use of their powers by cooperation with
other entities on a basis of mutual advantage and otherwise to comply with section 39.306, F.S.
2. PURPOSE
This MOU achieves the Parties’ duties under §39.306, F.S. and to establish operational
protocols for the joint investigation of abuse reports involving criminal allegations in order to:
a. Provide standard, consistent and thorough investigations
b. Maximize the resources through a joint investigative process
c. Minimize the number of interviews for children who are victims of abuse or neglect
d. Allow for the orderly collection of evidence in the criminal investigative process
e. Ensure the provision of appropriate services when deemed necessary for children
and their families
f. Provide a forum for on-going communication and resolution of issues involving
family safety in this community and foster an effective collaboration among:
• Law Enforcement
• State Attorney
• Judiciary
• Guardian Ad Litem
• Domestic Violence Partners
• Child Protection Team / Child Advocacy Centers
• Local School System
• Department of Juvenile Justice
• Department of Children and Families
• Managing Entity
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
3. DEFINITIONS
Unless otherwise provided, definitions utilized in this agreement are found in the Florida
statues §39.01, including, “Criminal conduct” is defined in §39.301(2)(b) (2020), F.S.
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
(3) To provide “call out” or “calls for service” records for the residence and/ or
alleged mal-treater or any other household members with significant caregiver
responsibilities of the household under investigation upon DCF request.
(4) To have procedures for accepting DCF information and transferring it to other
appropriate law enforcement entities.
e. DCF agrees:
(1) To forward allegations of criminal conduct to the LEA.
(2) To coordinate the protective investigation with the LEA.
(3) To notify the LEA, by either telephone or electronic means, and provide a written
report within three business days thereafter, upon learning:
i. The immediate safety or well-being of a child is endangered;
ii. The family under investigation is likely to flee;
iii. A child died as a result of abuse, abandonment, or neglect;
iv. A child is a victim of aggravated child abuse as defined in s. 827.03;
v. A child is a victim of sexual battery or of sexual abuse;
vi. A child is the victim of institutional abuse as defined in Chapter 39 of the
Florida Statutes; or
vii. A child is known or suspected to be a victim of human trafficking, as provided
in Section 787 of the Florida Statutes.
(4) If requested by the LEA, DCF will not interview the alleged perpetrator except as
authorized per 5.b., unless the safety of the other children is compromised
(5) To report all child-on-child sexual allegations to the LEA within 48 hours of
receipt pursuant to section 39.201(2)(c)1. (2020), F.S.
6. MISSING CHILDREN
a. When children involved with DCF or a designated agent of DCF are missing for any
reason, the parties agree to take action to prevent, report and locate children under
court ordered supervision, in both out-of-home care and in-home care, and those
children under investigation or receiving judicial or non-judicial case management
services for whom a Take Into Custody or Pickup Order exists
b. A court order is not a precondition for the acceptance of the report
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
7. SURRENDERED NEWBORNS
a. A “surrendered newborn infant” as described in section 383.50, (2020) F.S. includes
a child who a licensed physician reasonably believes is approximately 7 days old or
younger at the time the child is left at a hospital, emergency medical services
station, or fire station.
b. If law enforcement receives information of a surrendered newborn infant and there
is no indication of actual or suspected abuse or neglect of the infant other than that
necessarily entailed in the infant having been surrendered to a fire station or
hospital, the LEA does not have any obligation to make a report to the DCF hotline.
c. The report shall not be considered a report of abuse or neglect solely because the
infant has been left at a hospital pursuant to s. 383.50 (2020).
d. If the infant meets the criteria of actual or suspected abuse or neglect, and no abuse
report has been called in, then LEA will contact the Hotline at 1-800-96-ABUSE.
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
(3) Refusing to resume care of a child after a family arranged placement breaks
down or upon a formal discharge of the child from an institutional or facility
setting
b. The parties agree to jointly respond to investigations involving Abandonment –
“Lockout Youth” as prescribed in Section 5 of this MOU; and agree to consult with
the State Attorney’s Office upon request of either party, to determine if the parent
or legal caregiver’s acts rise to the level of criminal acts.
9. FALSE REPORTS
a. “False Reports” are reports that have no initial basis in fact and are maliciously made
to the Abuse Hotline for the expressed purpose of harassment of an
individual/family or for the personal financial benefit on the part of the reporter,
acquiring custody of a child or personal benefit for the reporter in any other provide
dispute involving a child.
c. LEA agrees to review for a criminal investigation and inform DCF of its decision
whether to pursue criminal charges within a reasonable timeframe.
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
11. CROSS-TRAINING
a. DCF and the LEA shall develop a single point of contact for any issues that arise or
concerns regarding protocols and procedures that require further training.
b. DCF and the LEA shall develop, implement, and provide training on joint
investigative protocols and protocols for training topics including but not limited to:
(1) the assessment of family and household violence during abuse investigations
(2) the assessment of Sexual Abuse, including Child on Child Sexual Abuse
(3) Human Trafficking, Missing and Exploited Children
(4) Drug Endangered Children
(5) Abusive Head Trauma and Physical Abuse
(6) Child Fatalities
(7) Neglect
13. NOTICES
All notices required under the MOU must be delivered in writing to the designated contact
persons identified in this MOU. The initial designated contact person for each party is their
signatory to this MOU. A designated contact person may be changed by notice.
16. ASSIGNMENT
Except for transfers of the Department’s responsibilities due to a Department statutory
reorganization, such as a transfer under section 20.06, Florida Statutes, the Parties will not sell,
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
assign, or transfer any of their rights, duties, or obligations under the MOU without the prior
written notice to and approval of the other Party.
17. MODIFICATION AND SEVERABILITY
The MOU may only be modified by written agreement between the Parties.
18. INDEMNIFICATION
To the extent permitted by Florida law, each Party agrees to indemnify, defend, and hold the
other Party and their officers, employees, and agents harmless from all fines, claims,
assessments, suits, judgments, or damages, including consequential, special, indirect, and
punitive damages, including court costs and attorney’s fees, arising from or relating to violation
or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or
out of any acts, actions, breaches, neglect, or omissions of the other Party, their employees,
agents, subcontractors, assignees, or delegates related to the MOU. The MOU does not
constitute a waiver of sovereign immunity or consent by LEA, DCF, the State of Florida, or its
subdivisions, to suit by third parties.
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Memorandum of Understanding – DCF and City of Titusville on behalf of Titusville Police Department
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Category: 8.
Item: C.
City of Titusville
Recommended Action:
Approve award of Solid Waste Routing Software and Implementation Services (RFP#21-P-
028) to C2Logix, Inc. of Clearwater, Florida in the total amount of $178,089 over 5 years.
Authorize the Mayor to execute the contract upon satisfaction of terms and conditions through
review of the City Manager and City Attorney. Additionally, approve associated budget
amendment in the amount of $75,189 for the implementation.
The committee scored the responding firms based upon the following criteria:
The committee unanimously selected C2Logix for award of the contract with the following final
scoring:
C2Logix 280.0
Route Smart 236.73
Rubicon Global, Inc 231.90
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Pricing for the service account for 30% of the total scoring evaluation and for reference the cost
comparison is provided below:
C2Logix $178,089
RouteSmart $ 93,028
Rubicon $120,042
The initial implementation phase of the project is $75,189 which will be budgeted as a capital
outlay in the current year. The remaining years will be budgeted during the budget process
within the Solid Waste Fund.
It is recommended that City Council approve award of Solid Waste Routing Software and
Implementation Services (RFP#21-P-028) to C2Logix, Inc. of Clearwater Florida in the total
amount of $178,089 over 5 years. Authorize the Mayor to execute the contract upon satisfaction
of terms and conditions through review of the City Manager and City
Attorney. Additionally approve associated budget amendment in the amount of $75,189 for the
implementation.
Alternatives:
Do not award
Item Budgeted:
NA
Strategic Plan:
No. 2 – Efficient and Effective Services
ATTACHMENTS:
Description Upload Date Type
Tabulation Sheet 21-P-028 6/2/2021 Backup Material
Final Scoring 6/3/2021 Backup Material
Draft Contract SVC21-P-028 6/2/2021 Backup Material
BA Routing Software 7/8/2021 Backup Material
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RFP TABULATION
CITY OF TITUSVILLE
RFP TITLE: Solid Waste Routing Software & Implementation
RFP NO: 21-P-028
OPENING DATE/TIME: April 23, 2021 @ 3:30PM
POSTING DATE/TIME: April 29, 2021 @ 10:30AM
COMPANY CITY/STATE
C2 Logix Clearwater, FL
RouteSmart Technologies Columbia, MD
Rubicon New York, NY
*Fleet Mind Solutions Montreal, QC Canada
INTENDED AWARD:
Pursuant to Florida Statutes, Chapter 120.57, any person who is adversely affected by the City’s decision or intended decision
shall file a written notice of protest with the Purchasing & Contracting Administration Division within 72 hours after the posting
(electronic or otherwise) of one of the following, whichever occurs first: (i) notice of decision or (ii) bid tabulation stating the
intended decision. The nature of the protest must be followed within ten (10) days of filing a formal written notice fully
detailing all elements, which promulgated the protest. All decisions of the governing body are final. Failure to file a protest
within the time prescribed in section 120.57(3), shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
INITALS: _AC_____
1
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EVALUATION COMMITTEE MEETING
TABULATION & RECOMMENDATION
RFP #21-P-028
CITY OF TITUSVILLE
RFP TITLE: Solid Waste Routing Software & Implementation Service
OPENING DATE/TIME: April 23, 2021 @ 3:30 pm
COMMITTEE MEETING DATE/TIME: May 20, 2021 @ 9:45am
POSTED: May 26, 2021 @ 3:30pm
K. S. J.
Cumulative
Cook Reller Sellers
Total
VENDOR City/State Points Score Points Score Points Score
C2Logix Clearwater, FL 96 89 95 280.0
NOTES: Selection Committee 3-0 decision for award to top firm: C2Logix
Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security
required by law within time allowed for filing shall constitute a waiver of proceedings under chapter 120, Florida Statues. A “notice
of protest” must be filed no later than 72 hours after the agency posts its notice of intended decision (exclusive of Saturdays,
Sundays, and state holidays). All proposals accepted by the City are subject to the City's terms and conditions and any and all
additional terms and conditions submitted by the Proposers are rejected and shall have no force and effect.
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DRAFT CONTRACT
SOLID WASTE ROUTING SOFTWARE & IMPLEMENTATION SERVICES
THIS AGREEMENT, made and entered into this ______day of ___________________, 2021, by and between
the City of Titusville, a municipal corporation organized and existing under the laws of the State of Florida,
hereinafter referred to as the "City" and __________________ located at
_______________________________ hereinafter referred to as the (“CONTRACTOR"), sets forth that;
WHEREAS, the CITY desires to engage a licensed and qualified CONTRACTOR who has special and
unique competence and experience to provide Solid Waste Routing Software and implementation service of
updated software and/or application to improve current City of Titusville Solid Waste operations; and,
WHEREAS, the CONTRACTOR represents that it is duly licensed and it has such competence and
experience providing these services, and desires to provide such routing software/application with
implementation service in accordance with this agreement; and,
WHEREAS, the CITY in reliance of such representations has selected the FIM in accordance with the
requirements of the law; and,
WHEREAS, at the City Council meeting of ______, 2021 the award of this contract was duly
considered and awarded to the Contractor: and,
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to
the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows:
1. TERM. This Agreement shall commence on the day it is executed by both parties and the
term of the Agreement shall extend for up to six (6) months for implementation. Upon successful solid waste
routing system completion, a one-year service and maintenance agreement shall then be administratively
performed for up to five (5) additional one-year terms.
2. CONTRACT DOCUMENTS. The Contract Documents (also called Agreement Document) consist
of this Agreement, the Request for Proposals RFP # 21-P-028, CONTRACTOR’s proposal dated ________, 2021
with all related Documents, Addenda if any, any other documents listed in the Agreement Documents, and
written modifications issued after execution of this Agreement, if any.
(a) Intent. The Scope of Work is an integrated part of the Contract Documents and as such
will not stand alone if used independently. These documents establish minimum standards of quality for this
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contract. They do not purport to cover any details entering into the design and sequence of materials or
applications. The intent of the Agreement Documents is to set forth requirements of performance. It is also
intended to include all supervision, labor, materials, equipment, tools and transportation necessary for the
proper execution of the Work, to require complete performance of the Work in spite of omission of specific
reference to any minor component part and to include all items necessary for the proper execution and
completion of the Work by the CONTRACTOR. Performance by the CONTRACTOR shall be required only to the
extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to
produce the intended results.
(b) Entire and Sole Agreement. Except as specifically stated herein, the Agreement
Documents constitute the entire agreement between the parties and supersede all other agreements,
representations, warranties, statements, promises, and understandings not specifically set forth in the
Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written
agreements, representations, warranties, statements, promises or understandings not specifically set forth in
the Agreement Documents.
(c) Amendments. The parties may modify this Agreement at any time by written
agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or
terminated orally, except by an instrument in writing signed by the party against which enforcement of the
change, waiver, discharge or termination is sought.
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operations with an acceptable software platform which will allow future growth and functionality by the
various City departments as separate modules to include:
• Ability to route:
(1) Solid waste collection vehicles
(2) Recycling collection vehicles
(3) Bulk/Specialized collection vehicles and equipment
(4) Leaf/Yard waste collection vehicles
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• Ability to utilize side of street precision for route maps showing service locations and both sides of the
street with street names and travel path arrows
• Ability to optimize routes to accommodate special requirements including:
(1) Limiting U-turns
(2) Time-restricted collection within any geographic area (e.g. school, hospital)
(3) One-way streets
(4) Single-sided vs double sided collection
(5) Size/weight restrictions for streets/bridges etc.
• Ability to convert/migrate specified years of data to be provided by Solid Waste department.
The CONTRACTOR shall do all the work described in the Contract Documents and all incidental work
considered necessary to render such services in a manner acceptable to the City.
(b) Any discrepancies found between the Contract Documents and network conditions, or
any errors or omissions in the Contract Documents, shall be immediately reported to the City. The City shall
promptly determine the validity and seriousness of the claimed condition and correct any such error or
omission in writing, or otherwise direct CONTRACTOR. Any work done by the CONTRACTOR after his discovery
of such discrepancies, errors or omissions shall be done at the CONTRACTOR's risk.
(c) Any correction of errors or omissions in the Contract Documents may be made by the City
when such correction is necessary for the proper fulfillment of their intention as construed by City. Where
said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of
work to be done by the CONTRACTOR, compensation for said additional work shall be negotiated between
the parties and must be issued as a written change order before any such additional work is performed or no
additional compensation shall be made.
(d) The fact that specific mention of any part of work is omitted in the Contract Documents,
whether intentionally or otherwise, when the same are usually and customarily required to complete fully
such work as is specified herein, will not entitle the CONTRACTOR to consideration in the matter of any claim
for extra compensation, but the said work must be done the same as if called for by the Contract Documents.
The CONTRACTOR will not be allowed to take advantage of any errors or omissions in the Contract Documents.
The City will provide full information when errors or omissions are discovered.
5. COMPENSATION. The City will pay the CONTRACTOR for satisfactory work completed and
performed in accordance with the CONTRACTOR’s proposal dated ________, 2021 attached hereto as Exhibit
2 during each milestone schedule, payments shall be made to the CONTRACTOR when requested at the
completion of the stipulated performance including key deliverables for the specified amount (cost or
percentage) of the “Total Cost”. Payment will be made in accordance with acceptable and successful
milestone completion as determined and described by City of Titusville project manager and/or
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representative. The total authorized amount for the initial software and implementation service is
$______________. The CONTRACTOR shall submit, to the City’s Purchasing and Contracting Administrator,
an invoice with the supporting documentation of all milestone work completed and accepted by the City less
5% of the amount of such invoice which is to be retained by the City until all Work has been performed strictly
in accordance with this agreement and until such Work has been successfully accepted by the City to the
Purchasing & Contracting to process for payment of the approved invoice amount. Partial payments, as
previously indicated, will be made provided that the CONTRACTOR submits all required documentation
with such invoice including Releases of Lien from all subcontractors and suppliers for any Work performed
that has been paid by the City. Payment shall not be made for Work deemed incomplete or deficient by the
City. The CONTRACTOR shall submit an invoice with the supporting documentation of all work completed and
accepted by the City for that milestone to the Purchasing and Contracting Administration Department and
payment of the approved invoice amount will be made in accordance with Florida Prompt Payment Act
§218.70-78.
6. CLAIMS. Claims arising from changes or revisions made by the CONTRACTOR at the City’s
request shall be presented to the City before work starts on the changes or revisions. If the CONTRACTOR
deems the extra compensation is due for work not covered herein, or in Supplemental Agreement, the
CONTRACTOR shall notify the City in writing of its intention to make claim for extra compensation before work
begins on which the claim is based. If such notification is not given and the City is not afforded by the
CONTRACTOR a method acceptable to the City for keeping strict account of actual cost, then the Contractor
hereby waives its request for such extra compensation. The City is not obligated to pay the CONTRACTOR if
the City is not notified as described above. The CONTRACTOR may refuse to perform the additional work
requested by the City until the parties execute an appropriate agreement. Such notice by the CONTRACTOR
and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as
proving the validity of the claim.
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8. SCHEDULING. To facilitate the administration of this agreement and inspection, all work shall
be performed during the day unless specified by the Project Manager, Contractor shall:
(a) Ten (10) days prior to the agreement starting date, submit in writing to the Project Manager, the names of at
least two representatives, one of whom is authorized contact to act for Contractor in every detail for the
routing software services. CONTRACTOR's representatives, their location and their availability must be
satisfactory to the Project Manager.
(b) Submit status reports when requested by Project Manager or designee for comparison with contract
requirements.
(c) All work scheduled on weekends will be scheduled in advance to preclude conflicts with scheduled events.
Work will be done on City observed holidays as normally scheduled unless prior arrangements are made with
the City Representative.
(d) Emergency conditions which may arise during the course of this Agreement may require the diversion of
Contractor personnel to another location. In these instances, diversion will be made at the direction of Project
Manager or his designee. No additional cost shall be charged the City for the diversion and the contractor
shall not be penalized for work not completed as a result of this diversion.
(e) Daily start time for contractor personnel onsite shall be at 8:00 a.m. Monday through Friday, unless otherwise
arranged. Weekend hours may be scheduled with prior arrangements with the City Representative.
(f) The Contractor shall keep records, as identified below, for each employee performing contracted work by:
(1) Employee name.
(2) Employee work classification(s)
(3) Daily hours worked.
The CONTRACTOR shall provide to the Project Manager or designee the above information within twenty-
four (24) hours of an employee being assigned to work.
The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed
necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event
that the Contractor or the City shall become aware of any condition that may be cause for suspension of the
Work, they shall immediately advise the concerned parties of such condition. The Contractor shall not
suspend operations under the provisions of this paragraph without the City’s permission. In the event that
the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for
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as many calendar days as the Work was suspended; except that the Contractor will not be granted an
extension of time to complete the Work if suspension was caused by fault of the Contractor.
9. TERMINATION FOR CAUSE: The agreement may be terminated by the CITY for cause in the
event of any breach hereof, including but not limited to, CONTRACTOR’s:
(a) Failing to carry forward and complete Work in accordance with the requirements hereof;
(b) Failing to comply with applicable laws, regulations, permits, or ordinances’
(c) Failing to timely commence or continuously and vigorously pursue correction of defective Work;
(d) Making a general assignment for the benefit of its creditors;
(e) Having a receiver appointed because of insolvency;
(f) Filing bankruptcy or having a petition for involuntary bankruptcy filed against it;
(g) Failing to make prompt payments, when properly due, to sub-CONTRACTORs, vendors, or others for materials
or labor used in the work; or
(h) Making material misrepresentation to the CITY regarding Work or performance thereof.
The CITY shall provide CONTRACTOR with written notice of its intention to terminate this agreement
for cause, which shall provide the effective date of termination. Such notice shall state the nature of the
deficiency and, at the CITY’s sole judgement and discretion, may afford CONTRACTOR an opportunity to
correct said deficiency, in which event the notice shall specify the time allowed to cure said deficiency. If the
deficiency has not been corrected within the time allotted, the CITY may take possession of the Work and
finish the Work by whatever method(s) the CITY deems expedient -- and the CONTRACTOR and his Sureties
shall be liable to the CITY/Owner for any excess cost incurred by the CITY. In such case, CONTRACTOR shall
not be entitled to receive any further payment until the Work is completed and accepted by the CITY. If the
unpaid balance of the total compensation exceeds the expense of completing Work, including compensation
for additional managerial and administrative services, the excess will be paid to CONTRACTOR. If the expense
exceeds the unpaid balance, CONTRACTOR shall pay the difference to the CITY in addition to applicable
liquidated damages. The expense incurred by the CITY and the damage incurred through CONTRACTOR’s
default will be certified by the CITY.
10. TERMINATION FOR CONVENIENCE: Notwithstanding any other provision of this Contract, CITY
may terminate this Contract for convenience or “at-will” without necessarily having a particular reason as
determined to be in its best interest. This Agreement may be terminated by the CITY without cause or any
Work issued under it, in whole or in part, at any time provided that at least thirty (30) days written notice of
such termination shall be given to the CONTRACTOR.
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a) Upon receiving notice of termination, the CONTRACTOR shall discontinue the Work on the date and
to the extent specified in the notice and shall place no further orders for materials, equipment, services or
facilities except as needed to continue any portion of the Work that was not terminated. The CONTRACTOR
shall also make every reasonable effort to cancel, upon terms satisfactory to the CITY, all orders or
subcontracts related to the terminated Work.
b) In the event of such termination, the CONTRACTOR shall be compensated for services rendered prior
to the date of termination and for materials ordered prior to the receipt of notice of termination that cannot
be returned to the Vendor. Any such materials and any work done by the CONTRACTOR shall become the
property of the CITY. CONTRACTOR waives all claims for compensation in excess of that which is specifically
provided for herein, including but not limited to, loss of anticipated profits, idle equipment, labor, facilities,
and claims of sub-Contractors and vendors.
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such inspection. The City shall be allowed access to all parts of the Work and shall be furnished with such
information and assistance by the Contractor as is required to make a complete and detailed review. The City
shall not be responsible for the acts or omissions of the Contractor. Any changes to the scope of work or any
deviation from the contract documents must be approved in writing through the Purchasing and Contracting
Administrator.
13. CONTRACTOR’S DUTY . Contractor shall supervise and direct the Work, using Contractor’s best
skill and attention. Contractor shall be solely responsible for and have control over service means, methods,
techniques, sequences, and procedures, and for coordinating all portions of the Work under this Contract,
unless the Contract Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, transportation, and other facilities and services necessary for the proper
execution and completion of the Work, whether temporary or permanent and whether or not incorporated
or to be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use, and other
similar taxes. Contractor shall hold and maintain at all times during the terms of this Contract all required
federal, state, and local licenses necessary to perform the Work required under the Contract Documents.
14. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel
and sub-Contractors required for services, which are necessary to complete the Work as described in this
agreement. All services under this agreement shall be performed by the Contractor or sub-contractor and all
persons engaged in work under the agreement shall be qualified to perform such services and authorized
under federal, state, and local laws to perform such services. Personnel who perform services under this
agreement shall not be employees of the City.
(a) CONTRACTOR shall require all employees to wear nametags indicating the CONTRACTOR and employee’s
name. Employees of the CONTRACTOR shall be required to dress neatly commensurate with the tasks being
performed.
(b) CONTRACTOR shall provide the CITY representative or designee a listing of all personnel assigned to work at
facility within ten (10) business days of execution of the agreement. This listing shall be updated (within 3
business days) of any change in personnel status or assignments to assure, it is current. The Contractor shall
at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or
persons employed by subcontractors.
(c) All personnel must have sufficient knowledge, skill, and experience to perform properly the work assigned to
them. Any worker including supervisors, employed by the Contractor or subcontractors who, in the opinion
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of the City does not perform work under this agreement in a skillful manner, or appears to be incompetent or
to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged
immediately and shall not be employed again in any portion of the Work without the approval of the City.
(d) Personnel employed by CONTRACTOR shall be qualified for this type of work and hold any required
certification and/or licenses in effect. CONTRACTOR shall staff the project phases with the necessary trained
and experienced personnel to accomplish the work in an effective and timely manner.
(e) Upon required by the CITY, CONTRACTOR shall immediately remove and replace employees who do not
comply with contract requirements.
15. SUPERVISION: It is the Contractor’s responsibility to ensure that all staff are properly supervised
and performing duties per the terms and conditions of the contract. The Contractor shall require his staff to
comply with the instructions pertaining to conduct and building regulations issued by Project Manager and
designated representative.
16. INSPECTION AND WORK PERFORMANCE
(a) Failure to perform to the specifications of this scope of work will be considered as evidence the Contractor's
work force is too small or supervision is inadequate. Immediate corrective measures shall be implemented,
upon notice from the Project Manager or designee.
(b) The City Representative has authority to point out to Contractor and/or Supervisor incomplete or defective
work but does not have the authority to alter the terms or conditions of the agreement without written
authority from contracting officer and agreed to in writing by Contractor.
(c) Contractor shall at all times, provide adequate supervision of personnel to ensure completed and satisfactory
performance of all work in accordance with the specifications in the scope of work and the terms of the
agreement.
17. ACCESS TO CITY PROPERTY. Neither Contractor nor his/her personnel shall permit any other
individual to have access to the network, information, buildings, rooms, or grounds designated herein, without
prior approval of the Project Manager or his designee.
18. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all
times for the protection of persons and property. The Contractor shall strictly comply with all safety
provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work in accordance with the U.S.
Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract
requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant
standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure
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to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from
penalties charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons
who may be affected thereby; all the work materials and equipment to be incorporated therein, whether
in storage on or off the project site, under the care, custody or control of the Contractor or any of his
subcontractors; and other property on the project site or adjacent thereto. Contractor shall ensure that
its contract work does not impair o r i m p e d e the proper functioning of the location.
The Contractor shall perform any work and shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, the Contractor shall notify the
City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to
properly protect both life and property.
The City has the right to order the Contractor to discontinue risky work practices upon verbal or
written notice. The Contractor shall be held fully responsible for such safety and protection until final
written acceptance of the Work.
19. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, the
Work shall be under the charge and care of the Contractor, and s/he shall take every necessary precaution
against breech, injury, or damage to the Work by the action of the elements or from any other cause
whatsoever, whether arising from the execution or from the non-execution of the Work. The Contractor
shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to
any portion of the Work occasioned by any cause, other than the sole and active negligence of the City,
before its completion and acceptance.
20. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this
Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any
sub-contracts or other work, w h i c h i s pe r f o rm e d , by persons or CONTRACTORs other than the
Contractor under this Agreement or any work orders shall have prior written approval of the City.
Any subcontracts, outside associates, or Contractors required by the Contractor in connection with
services covered by this Agreement must be specifically approved by the City.
21. DELIVERABLES. Contractor shall deliver all products and deliverables as stated therein.
Contractor is responsible for the professional quality, technical accuracy, and timely completion of the Work.
Both workmanship and materials shall be of professional standard of care for similar work. Contractor shall
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correct intentional or negligent errors, omissions or deletions in the services to be performed without
additional compensation from the City. Unless otherwise specifically provided for herein, Contractor shall
provide and pay for all materials, labor, and other facilities and equipment as are necessary for the
performance of the Work. The City’s Project Administrator shall make a final acceptance inspection of the
deliverables when they are completed and finished in all respects in accordance herewith. The parties may
at any time agree in the form of a written amendment to make changes within the general scope of this
Agreement to the Work to be provided hereunder. Neither party shall unreasonably withhold consent to any
such amendment.
22. LIQUIDATED DAMAGES. It is mutually agreed that time may be of the essence for software
and/or system operations under this contract. If City’s applications, software, and/or network system
becomes unavailable or offline for an extended period of time exceeding twelve (12) consecutive hours and
should the Contractor fail to complete the necessary work, repair, or restoration within the specified time
rendering the City unable to utilize application, software, or network system i.e. “inoperable” for which time
is of the essence, or any unauthorized extension thereof, there shall be deducted from the compensation
otherwise to be paid to the Contractor, and the City will retain an amount equal to 0.1% of the total amount
per consecutive calendar day, not to exceed $500/day as fixed, agreed, and liquidated damages for each
calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which
sum shall represent the actual damages which the City will have sustained by failure of the Contractor to
complete the Work within the specified time; it being further agreed that said sum is not a penalty, but is the
stipulated amount of damages sustained by the City in the event of such default by the Contractor. The
maximum value of Liquidated Damages shall not exceed the contract value. Should Contractor be obstructed
or delayed in the completion of the Work by any negligent act or default of Owner, or by conditions beyond
the control of the Contractor then the time specified for completion of the Work may be extended for a period
equivalent to the time lost by reason of such delay. The duration of such extension shall be determined by
Owner and an extension will not be considered unless Contractor requests it in writing, prior to the established
completion date and setting forth the specific act(s) of neglect or default constituting the basis for the
requested extension.
For the purposes of this Section, the day of final acceptance of the Work shall be considered a day of
delay, and the scheduled day of completion of the Work shall be considered a day scheduled for production.
23. INDEMNIFICATION AND INSURANCE. CONTRACTOR covenants and agrees that it will indemnify
and hold harmless City and all of its officers, agents, and employees from any claim, loss, damage, cost, charge
or expense arising out of any act, action, neglect or omission by the Proposer, whether direct or indirect, or
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whether to any person or property to which the City or said parties may be subject, except that neither the
Proposer nor any of its subcontractors will be liable under this section for damages arising out of injury or
damage to persons or property directly caused by or resulting from the sole negligence of the City or any of
its officers, agents or employees.
The CONTRACTOR shall not commence Work under this Contract until he has obtained and provided
insurance of the character specified below and in such amounts that will provide adequate protection to the
CITY and the CONTRACTOR against all liabilities, damages, and accidents. The insurance obtained by the
CONTRACTOR is subject to the approval of the Owner and accordingly the CONTRACTOR shall not commence
Work until said Owner’s approval has been obtained. The CONTRACTOR shall not allow any Subcontractor to
commence Work on his subcontract until all insurance required of the Subcontractor has been so obtained,
provided, and approved. Neither the approval of the CITY nor a failure to disapprove insurance furnished by
the CONTRACTOR or Subcontractor shall release the CONTRACTOR or Subcontractor of full responsibility for
liability, damages, and accidents as set forth herein. The insurance requirements stipulated herein shall also
be in effect and apply during any time period that the CITY may suspend the Work. The CONTRACTOR and
each Subcontractor shall maintain such required insurance during the life of this contract, and no modification
or change of insurance coverage and provision shall be made without thirty (30) days written advance notice
to the Purchasing & Contracting Administrator, as follows:
(a) Worker's Compensation Insurance: The CONTRACTOR shall procure and maintain during the life of this
contract Workers' Compensation Insurance for all his employees employed at the site of the project in
accordance with all statutory requirements and, in case any Work is subcontracted, the CONTRACTOR shall
require the Subcontractor to similarly provide Workers' Compensation Insurance for all of the latter's
employees, unless such employees are covered by the protection afforded by the CONTRACTOR. In case any
class of employees engaged in hazardous Work under contract at the site of the project are not protected
under the Workers' statute, the CONTRACTOR shall provide and cause each Subcontractor to provide
adequate Insurance for the protection of his employees not otherwise protected.
(b) Comprehensive General Liability (including Contractual Liability): the CONTRACTOR shall procure and
maintain during the life of this contract such CONTRACTOR's Comprehensive Liability and Property Damage
Insurance that shall protect him and any Subcontractor performing Work covered by this contract from claim
for damage for personal injury, including accidental death, as well as from claims for property damages which
may arise from operations under this contract, whether such operations be by himself or by any other
Subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance
shall be as follows:
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6) Professional Liability
a) Minimum limits are $1,000,000 per occurrence.
b) Technology Errors & Omission. Minimum limits required are $1,000,000.
Coverage Provisions
i. All deductibles or self-insured retention shall appear on the certificate(s).
ii. The City of Titusville, its' officers/officials, employees, agents and volunteers shall be added as "additional
insured" as their interests may appear. This provision does not apply to Professional Liability or Workers'
Compensation/Employers' Liability.
iii. The offeror's insurance shall be primary over any applicable insurance or self-insurance maintained by the
City.
iv. Shall provide 30 days written notice to the City before any cancellation, suspension, or void of coverage in
whole or part, where such provision is reasonable.
v. All coverages for subcontractors of the offeror shall be subject to all of the requirements stated herein.
vi. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by
the City. At the option of the City, either; the insurer shall reduce or eliminate such deductible or self-insured
retention; or the offeror shall be required to procure a bond guaranteeing payment of losses and related
claims expenses.
vii. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the City, its'
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24. BONDS. Payment and Performance bonds equal to 100% of the contract amount will be
required for this project. Payment and Performance bonds will be released upon satisfactory completion of all
the Work in accordance with the Contract Documents and acceptance of said Work by the City.
Fidelity/Dishonesty Bond shall be required for a minimum limit of $1,000,000.
25. INTERESTS OF CITY OFFICIALS. No officers, members, or employees of the City and no members
of its governing body, and other public officials of the governing body of the locality or localities in which
services for the facilities are situated or carried out, who exercises any functions or responsibilities in the
review or approval of the undertaking or carrying out of this project, shall participate in any decision relating
to this Agreement which affects his personal interest, or have any personnel or pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof.
26. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal
appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for
influencing or attempting to influence any officer or employee of any federal agency, a member of Congress,
an officer or employee of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Contractor to any person
for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,
an officer or employee of Congress in connection with any FDOT Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL “Disclosure Form to Report Lobbying” in
accordance with the instructions.
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27. CONFLICT OF INTEREST. In recognition of the fact that the CONTRACTOR may represent other
clients in the geographical area of Titusville and that the professional relationship with such clients may
represent a conflict in its professional relationship with the CITY, the CONTRACTOR agrees to confer with the
CITY prior to agreeing to perform professional services for other persons, CONTRACTORs, corporations or
political entities within the City of Titusville and, as to any other political subdivision, for any activities within
the State of Florida, that in any way affect the interests of the CITY. The CONTRACTOR agrees to reveal all
such proposed and existing professional relationships to the CITY and to modify, refuse or terminate such
employment with other private or public entities in the event that the CITY demonstrates there to be a
substantial potential for a conflict of interest to arise from such relationships.
28. WAIVER. The waiver by the City of any of the CONTRACTOR's obligations or duties under this
Agreement shall not constitute a waiver of any other obligation or duty of the CONTRACTOR under this
Agreement.
29. INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor. Neither
CONTRACTOR nor CONTRACTOR’s employees are employees of the City. CONTRACTOR shall have the right to
control and direct the means and methods by which the services and work are accomplished. CONTRACTOR
may perform services for others, which solely utilize CONTRACTOR’s facilities and do not violate any
confidentiality requirements of this Agreement. CONTRACTOR is solely responsible for compliance with all
labor and tax laws pertaining to CONTRACTOR, its officers, agents, and employees, and shall indemnify and
hold the City harmless from any failure to comply with such laws. CONTRACTOR’s duties with respect to
CONTRACTOR, its officers, agents, and employees, shall include, but not be limited to: (1) providing Workers’
Compensation coverage for employees as required by law; (2) hiring of any employees, assistants, or
subcontractors necessary for performance of the Work; (3) providing any and all employment benefits,
including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and
disability insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if
CONTRACTOR is not a corporation, self-employment (Social Security) taxes; (5) compliance with the Fair Labor
Standards Act, 29 U.S.C. §§ 201, et seq., including payment of overtime in accordance with the requirements
of said Act; (6) providing employee training for all functions necessary for performance of the Work; (7)
providing equipment and materials necessary to the performance of the Work; and (8) providing office or
other facilities for the performance of the Work. In the event the City provides training, equipment, materials,
or facilities or otherwise facilitate performance of the services or work, this shall not affect any of
CONTRACTOR’s duties hereunder or alter CONTRACTOR’s status as an independent contractor.
30. ASSIGNABILITY AND SUBCONSULTANTS. It is specifically agreed that the CONTRACTOR
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herewith binds himself, his partners, successors, and legal representatives to the CITY as respects to the
covenants of this Agreement; and it is further agreed that the CONTRACTOR shall not assign, sublet, or transfer
his interest in this Agreement without the written consent of the CITY.
Any sub-contracts or other services or work which is performed by persons or CONTRACTORs other
than the CONTRACTOR under this Agreement shall have prior written approval of the CITY. Any subcontracts,
outside associates, or Contractors required by the CONTRACTOR in connection with services covered by this
Agreement must be specifically approved by the City.
31. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and
venue for any action pursuant to the Agreement Documents shall be in Brevard County, Florida. The parties
hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising
hereunder.
32. ATTORNEY's FEES. In the event of any legal or administrative proceedings arising from or
related to this Agreement, including appeals, each party shall bear its own costs and attorney’s fees.
33. VENUE. In the event of any legal proceedings arising from or related to this Agreement, venue
for such proceedings shall be in Brevard County, Florida.
34. PROHIBITIONS AGAINST CONTINGENCY FEES. The CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any persons,
company, corporation, individual, or CONTRACTOR, other than a bona fide employee working solely for the
CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement.
35. EQUAL OPPORTUNITY EMPLOYER. The CITY is an Equal Opportunity Employer (EOE) and such
encourages all contractors to voluntarily comply with EOE regulations with respect to race, color, religion,
national origin, sex, age, marital status, and handicap or veteran status. Any subcontracts the CONTRACTOR
may enter into shall make reference to this clause and shall encourage the same degree of application. When
applicable, the CONTRACTOR shall comply with all State or Federal EOE regulations.
36. PUBLIC ENTITY CRIME. The CONTRACTOR shall file a sworn statement with the City stating
whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public
entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida
Statutes.
37. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug-Free Workplace
Form" which is in accordance with Florida Statute 287.087 and must be signed.
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38. NON-APPROPRIATIONS. The CITY represents that it is a political subdivision of the State of
Florida with the authority to engage the professional services described herein and to accept the obligation
for payment for the services as described hereunder. Said obligation shall be subject to the annual
appropriation of funds by the CITY, and written notice to proceed from the Purchasing & Contracting
Administrator.
39. STANDARD OF PERFORMANCE. CONTRACTOR’s services will at a minimum meet the level care
and skill ordinarily used by members of CONTRACTOR’s occupation / profession performing the type of
services provided herein within the State of Florida.
(a) Failure to fully perform to the requirements specified herein in an effective and timely fashion will be
unacceptable to the City and CONTRACTOR, upon notice from the City representative or designee, agrees
to implement immediate corrective measures.
(b) The City representative has authority to point out to CONTRACTOR incomplete or defective work, but
does not have the authority to alter the terms and conditions of the agreement without written authority
from Purchasing & Contracting Administrator and agreed to in writing by Contractor.
(c) CONTRACTOR shall, at all times, provide adequate supervision of personnel to ensure completed and
satisfactory performance of all work in accordance with the specifications in the scope or work and the
terms of the agreement. Invoice payment shall not be processed until all work is deemed satisfactorily
in accordance with required contract terms by authorized City representative or designee.
40. E-VERIFY. As a condition precedent to entering into this AGREEMENT, and in compliance with
Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors shall, register with and use the E-Verify
system to verify work authorization status of all employees hired after January 1, 2021.
(a) CONTRACTOR shall require each of its subcontractors to provide CONTRACTOR with an affidavit stating that
the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR
shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention
requirements of this agreement.
(b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which
it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall
terminate the contract with the person or entity.
(c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but
CONTRACTOR otherwise complied, shall promptly notify CONTRACTOR and CONTRACTOR shall immediately
terminate the contract with the subcontractor.
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(d) A contract terminated under the provisions of this section is not a breach of contract and may not be
considered such. Any contract termination under the provisions of this section may be challenged pursuant
to Section 448.095(2)(d), Fla. Stat. CONTRACTOR acknowledges that upon termination of this agreement by
the CITY for a violation of this section by CONTRACTOR, CONTRACTOR may not be awarded a public contract
for at least one (1) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional
costs incurred by the CITY as a result of termination of any contract for a violation of this section.
(e) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in this
section, including this subsection, requiring the subcontractors to include these clauses in any lower tier
subcontracts. CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section.
41. PUBLIC RECORDS. Records of the CONTRACTOR that are made or received in the course of
performance of the CONTRACTOR’s obligations under this Contract may be public records that are subject to
the requirements of Chapter 119, Fla. Stat. and accordingly CONTRACTOR shall keep and maintain public
records that ordinarily and necessarily would be required by the City in order to perform the service.
However, some records may be confidential or exempt from disclosure under Chapter 119, Fla. Stat. In the
event the CONTRACTOR receives a request for any such records, the CONTRACTOR shall notify the City and
comply with Chapter 119, Fla. Stat. The CONTRACTOR shall not prepare any news or press release in any way
related to this Contract, without the City’s written consent. CONTRACTOR hereby agrees to comply with the
following:
(a). As provided in Section 119.0701, Florida Statutes, the CONTRACTOR is required to, and by executing this
Contract, the CONTRACTOR agrees to:
(1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to
perform the service.
(2) Upon request from the City’s custodian of public records, provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in Chapter 119.07, Florida Statutes or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
the completion of the contract if the CONTRACTOR does not transfer the records to the City.
(4) Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the
CONTRACTOR or keep and maintain public records required by the City to perform the service. If the
CONTRACTOR transfers all public records upon completion of the contract, CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of the contract,
CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored
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electronically must be provided to the City upon request from the City’s custodian of public records in a format
that is compatible with the information technology systems of the City.
(b). The term “public record” as used in this provision includes all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material, regardless of the physical
form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business by the City.
(c). THE CONTRACTOR AGREES THAT NO PUBLIC RECORD DEEMED CONFIDENTIAL UNDER FLORIDA OR FEDERAL
LAW WILL BE RELEASED BY THE CONTRACTOR TO ANYONE OTHER THAN THE CITY ATTORNEY’S OFFICE OR
CITY’S CUSTODIAN OF PUBLIC RECORDS. NO PUBLIC RECORDS DEEMED EXEMPT FROM THE PUBLIC RECORDS
LAW, CHAPTER 119, FLORIDA STATUTES, WILL BE RELEASED OR PROVIDED TO ANYONE OTHER THAN THE CITY
ATTORNEY’S OFFICE OR CITY’S CUSTODIAN OF PUBLIC RECORDS, EXCEPT WITH THE WRITTEN APPROVAL OF
THE CITY ATTORNEY OR ITS DESIGNEE. The CONTRACTOR agrees that it will not withhold any public record
from the City for any reason including a claim that the public record is exempt, confidential, proprietary, or a
trade secret.
20
SVC21-P-028, Solid Waste Routing Software & Implementation Service
Page 111 of 732
City Council Regular - July 13, 2021 - 6:30 PM
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the
terms and conditions above stated on the day and year first above written.
By __________________________ By ___________________________
Daniel E. Diesel, Mayor
Name:_______________________
ATTEST:
______________________________
Wanda F. Wells, City Clerk
Date __________________________
______________________________ ______________________________
Richard C. Broome, City Attorney William S. Larese, City Manager
Staff Preparation:
____________________________________________________Date _______________
April Chapman, Purchasing & Contracting Administrator
____________________________________________________Date _______________
Kevin Cook, Public Works Director
____________________________________________________Date _______________
Jon Sellers, Information Systems Director
Documents attached:
Exhibit 1 — RFP Solicitation
Exhibit 2 — Proposal Submittal
21
SVC21-P-028, Solid Waste Routing Software & Implementation Service
Page 112 of 732
City of Titusville, Florida
Budget Amendment/Transfer Form
Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount
FY2021
Budget
404-5555-589.10-01 CONTINGENCY UNRESERVED/CURRENT YEAR UNRESERVED $ (75,189.00) Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
FY2021
Budget
404-5555-564.64-10-Z02139 Z02139 NON DEPARTMENTAL/MACHINERY AND EQUIPMENT/COMPUTERS $ 75,189.00 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Category: 8.
Item: D.
City of Titusville
Recommended Action:
Accept the annual Pilot Club Mini Grant in the amount of $250 for the purchase of bicycle
helmets.
The request is to approve the annual Pilot Club Mini Grant in the amount of $250 and for the
funds to be placed into Project # FD1601 (001-0000-366.10-01) for the purchase of bicycle
helmets.
Alternatives:
Do not approve the Annual Pilot Club Mini Grant in the amount of $250.
Item Budgeted:
Yes
Strategic Plan:
No. 2 – Efficient and Effective ServicesNo. 3 – Financial Stability
ATTACHMENTS:
Description Upload Date Type
Pilot Clulb Grant Award Letter and Check 7/8/2021 Backup Material
2021
BA Pilot Club Grant 7/1/2021 Backup Material
Mn
F,
Dear Kerri,
Congratulations!
Club
You have been selected to receive one of the 2021 Mini- Grants from the Pilot
Titusville.
of Itis our Ple e;,I .
I
0"
040 d", ANAMS.-Umcheon on Wednesday,
sday,
May 19!" at. 1.100 p. m. at Laditia' C Quntry, Club. At; that-tinaqj, yiqu w your. . h dc k and
an be
asked to s
ay a few words about your project and how this grant money will benefit your
organization. If you cannot attend, please notify me at 321- 698- 5963, and I will be happy to mail
your check.
Sincerely,
0'aA4-e' "AeAvw----'
Carol Pedersen
Chairman, Projects Division
321- 698- 5963
carbtped-ersen6- 70) snail=com
PAY
TO THE 1,
ORDER OF
t
4— DOLLARS DOUARS 8w..
VU'l1
s
EGIONS
I
G
FOR M
4
i
1t
E
i
I
I
Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount
FY2021
Budget
001-0000-366.10-01 PUBLIC EDUCATION $ 250 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
FY2021
Budget
001-0901-522.52-01 FD1601 OPERATING SUPPLIES/GENERAL $ 250 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Category: 8.
Item: E.
City of Titusville
Recommended Action:
Consent to give City Attorney authority to bid at the public auction on Sun Valley property Lot 25
Block 70 which property is contiguous to other Sun Valley properties purchased by the City for
its wellfield protection.
The subject parcel is identified as Parcel ID number: 22-35-28-01-70-25 also known by the
Brevard County Property Appraiser as Account No: 2215942. The Tax Deed Number is
210103. There are no other liens on the property and the redemption amount for the delinquent
taxes is $1,434.35 which would be paid from the auction bid amount collected. No other taxes will
need to be collected from the City as the property will be tax exempt since it will be used for a public
purpose. If the City is the successful bidder, we would however, need to pay the doc stamps to
record the Tax Deed upon the public records of Brevard County.
Sean Stauffer, Water Resources Director, indicated he still has an interest in acquiring this
property and has consented to this acquisition and would provide the funds for the bid amount
up to $2500.00 from his Capital Improvement Project WE9416 Wellfield Land Acquisition
Account.
Please be advised that this property could be redeemed by the owner before the sale.
Alternatives:
1. Give consent to bid on Sunvalley Lot 25 Block 70
Item Budgeted:
Yes
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
Tax Collector and Property Appraiser 7/1/2021 Backup Material
information
AVRIL D. LABELLE holder of Tax Certificate No. 2044 issued on June 01, 2016 has filed the certificates for a tax
deed to be issued. All property is in Brevard County Florida:
The assessment of the property the certificate issued was in the name of Claude Henri Savoldelli Yuliya Savoldelli.
Unless the certificate is redeemed according to law, the property described in the certificate will be sold to the highest
bidder online at www.brevard.realforeclose.com beginning at 9:00 AM on July 22, 2021 .
**Please Note: The Minimum Bid will increase pursuant to Section 197.502(6), of the Florida Statutes.**
TO ENSURE PROPER CREDIT RETURN THIS COUPON WITH YOUR CASHIER'S CHECK, MONEY ORDER OR CERTIFIED CHECK, DO NOT
SEND CASH
Account 2215942
Owners SAVOLDELLI, CLAUDE HENRI: SAVOLDELLI, YULIYA
CENTRE MBE 161, 2 BIS AVE DURANTE 06000 NICE
Mailing Address
FRANCE
Site Address Not Assigned
Parcel ID 22-35-28-01-70-25
0010 - VACANT RESIDENTIAL LAND (SINGLE
Property Use
FAMILY, PLATTED)
Exemptions NONE
Taxing District 1300 - UNINCORP DISTRICT 1
Total Acres 0.19
Subdivision SUN VALLEY SUBD
Site Code 0001 - NO OTHER CODE APPL.
Plat Book/Page 0011/0029
Land Description SUN VALLEY SUBD LOT 25 BLK 70
VALUE SUMMARY
Category 2020 2019 2018
Market Value $800 $800 $800
Agricultural Land Value $0 $0 $0
Assessed Value Non-School $800 $800 $800
Assessed Value School $800 $800 $800
Homestead Exemption $0 $0 $0
Additional Homestead $0 $0 $0
Other Exemptions $0 $0 $0
Taxable Value Non-School $800 $800 $800
Taxable Value School $800 $800 $800
SALES/TRANSFERS
Date Price Type Deed
05/12/2010 $5,900 WD 6177/0303
06/17/2008 $3,500 QC 5870/8873
03/07/2008 $25,000 WD 5852/8251
11/12/2004 $4,000 WD 5490/2470
04/30/1956 — WD 0424/0393
No Data Found
112900
7 13 00 83 00
-66- 8 8
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f41
City Council Regular - July 13, 2021 - 6:30 PM
TitleExpress®
A service of Grant Street Group
www.GrantStreet.com
At the request of the County Tax Collector for the above-named county, a search has been made of the
Public Records for the following described property:
This is a Property Information Report that has been prepared in accordance with the requirements
of Sections 197.502(4) and (5), Florida Statutes, and which satisfies the minimum standards set forth
in the Florida Administrative Code, Chapter 12D-13.016. This report is not title insurance. It is not
an opinion of title, title insurance policy, warranty of title or any other assurance as to the status of
title, and shall not be used for the purpose of issuing title insurance.
Pursuant to s. 627.7843, Florida Statutes, the maximum liability of the issuer of this property
information report for errors or omissions in this property information report is limited to the
amount paid for this property information report, and is further limited to the person(s) expressly
identified by name in the property information report as the recipient(s) of the property information
report.
Scoff 7-feic4ei
Title Examiner
ewl4btAutilpfk,-c'
.v
Record & Mail To:
Claude Henri Savoldelli
3, Les Balcons du Plan de la Mer, Apt 321
ZAC Le Plan de la Mer
83270 Saint Cyr sur Mer
FRANCE
WARRANTY DEED
Executed this 12"" day of May, 2010 by Edward J. Murray hereinafter called the Grantor, whose post office address
is: Post Office Box 1794 Clayton, North Carolina 27528 to Claude Henri Savoldelli and Yuliya Savoldelli, H/W
hereinafter called the Grantee, whose post office address is: 3, Les Balcons du Plan de la Mer, Apt 321 ZAC Le
Plan de la Mer 83270 Saint Cyr Sur Mer, FRANCE.
Witnesseth, That the Grantor, for and in consideration of the sum of $5,900.00, in hand paid by the said Grantee, the
receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situated in the County of Brevard, State of Florida., to-wit.
LEGAL DESCRIPTION: Sun Valley Subdivision, Block 70, Lot 25 Parcel ID: 22-35-28-01-00070.0-0025.00
Subject to easements, restrictions, reservations, and limitations of record, if any. Together with all tenements,
hereditments and appurtenances thereto belonging or in anywise appertaining.
To have and to hold the same forever and the Grantor hereby covenants with said grantee that the grantor is lawfully
seized of said land in fee simple, that the grantor has good right and lawful authority to sell and convey said land.
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written,
signed sealed and deli red in presence of;
(Witness Signature)
--SL,S0c\
(Witness Signature)
The Foregoing instrument was acknowledged befoT me, a Notary Public, this I 2- day
of May , 2010 by C.L•36,(8 S Muor feky , who was personally known to
me, or who produced the following identification -I ;1/4)e( s c(Ksf
Category: 8.
Item: F.
City of Titusville
Recommended Action:
Approve work order #2 in the amount of $372,550 to Hinterland Group, Inc. of Cocoa, Florida
to furnish and install Cure In-Place Pipe (CIPP) Liner for stormwater pipes in various areas of
the City. Additionally, approve the associated budget amendments, increase the annual
authorized contract amount, and authorize the Mayor to execute the work order.
An increase in the FY21 annual authorized contract amount to $400,000 is required to complete
the actual needs for this year. A comparison of replacing these pipes via traditional methods
shows the CIPP process is more cost effective and allows the roadway to remain open and
usable during the process.
Two budget amendments are necessary to transfer funds from other projects to cover the
costs. There are also two locations within the CRA that are being requested, it is
recommended to approve the creation of a new project within the CRA and approve the
associated budget amendment.
Alternatives:
Do not approve and do not repair the pipes using CIPP slip lining
Item Budgeted:
Yes
Strategic Plan:
No. 2 – Efficient and Effective Services
ATTACHMENTS:
Description Upload Date Type
BA SLIP LINING_STORMWATER 7/6/2021 Backup Material
BA SLIP LINING_CRA 7/6/2021 Backup Material
Work Order #2_Hinterland 7/6/2021 Backup Material
Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount
FY2021
Budget
406-5555-565.65-00-SU2002 SSU2002 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ (37,000) Amendment
Budget
406-5555-565.65-00-SU2003 SU2003 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ (2,600) Amendment
Budget
406-5555-565.65-00-SU1903 SU1903 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ (1,600) Amendment
Budget
406-5555-565.65-00-SU2103 SU2103 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ (8,800) Amendment
FY2021
Budget
406-5555-565.65-00-SU2101 SU2101 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ 50,000 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount
FY2021
Budget
104-5555-565.65-00-CR2001 CR2001 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ (39,572) Amendment
Budget
104-5555-565.65-00-CR1902 CR1902 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ (27,000) Amendment
Budget
104-5555-565.65-00-CR1604 CR1604 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ (63,428) Amendment
Budget
$ - Amendment
FY2021
Budget
104-5555-565.65-CR2102 CR2102 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ 130,000 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
WORK ORDER
CONSTRUCTION SERVICES AGREEMENT
By the signature affixed below, both the City and the Contractor agree to the following contract work as per the
Work Order stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to
commence work. All Work stated below is hereby incorporated and made a part of the Contract identified above,
and all the terms and conditions of said Contract are incorporated herein and in full force and effect while
executing the Work stipulated as follows:
Furnish and provide all labor, materials, and equipment necessary for installation of cured in-place pipe (CIPP)
liner in various locations within the CRA in accordance with approved worksheet. All work set forth herein shall
be performed under the terms and conditions of the “Rehabilitation of Stormwater Pipes with Cured In-Place Pipe
(CIPP) Liner contract #CN20B012 dated February 11, 2020.
ATTEST: _________________________________Date:
Wanda F. Wells, City Clerk
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FY21 Locations
Location Size Length Unit Price Total Price
Palm St & Main 30 470 RCP $ 128.00 $ 60,160.00
Palm St & Main 15 220 RCP $ 65.00 $ 14,300.00
Palm St & Main 12 80 RCP $ 55.00 $ 4,400.00
Grace St 15 730 RCP $ 65.00 $ 47,450.00
Singleton & Pollyanna 30 220 CMP $ 128.00 $ 28,160.00
Singleton & Pollyanna 18 40 CMP $ 75.00 $ 3,000.00
Singleton/Rice/Kemberly 30 220 CMP $ 128.00 $ 28,160.00
Singleton/Rice/Kemberly 24 250 CMP $ 88.00 $ 22,000.00
Singleton/Rice/Kemberly 18 40 CMP $ 75.00 $ 3,000.00
Abbott Ave 24 250 CMP $ 88.00 $ 22,000.00
Abbott Ave 48 430 CMP $ 240.00 $ 103,200.00
Baywood 24 90 CMP $ 88.00 $ 7,920.00
Baywood 30 225 CMP $ 128.00 $ 28,800.00
$ 372,550.00
Category: 8.
Item: G.
City of Titusville
Recommended Action:
Approve the use of Florida Sheriffs Association Cooperative Purchasing Program to purchase
the budgeted vehicle replacements Z02136, and Z02137 to Nextran Truck Center Orlando,
Florida in the total amount of $860,112 for the purchase of three vehicles. Additionally, approve
the associated budget amendment transferring funds to capital outlay projects Z02136 and
Zo2137 for this purchase and authorize use of necessary purchasing instrument via contract to
be executed by the Mayor upon review and approval by City Manager, City Attorney, and City
Staff and/or purchase order.
It is recommended the City Council approve the use of Florida Sheriffs Association Cooperative
Purchasing Program contract #FSA20-EQU18.0, Heavy Truck (effective until 9/30/22) to purchase
the budgeted vehicle replacements Z02136, and Z02137 from Nextran Truck Center Orlando,
Florida in the total amount of $860,112 for the purchase of three vehicles. Additionally, approve
the associated budget amendment transferring funds to capital outlay projects Z02136 and Zo2137
for this purchase and authorize use of necessary purchasing instrument via contract to be executed
by Mayor upon review and approval by City Manager, City Attorney, and City Staff and/or purchase
order.
Alternatives:
Do not approve purchase
Item Budgeted:
Yes
404-5555-564-64-20-Z02136
404-5555-564-64-20-Z02137
Strategic Plan:
No. 2 – Efficient and Effective Services
ATTACHMENTS:
Description Upload Date Type
FSA20-EQU18.0 Heavy Truck 7/6/2021 Backup Material
Contract_Nextran
BA 7/5/2021 Budget
Amendment
Side Loader 7/7/2021 Backup Material
Sideloader 2 7/5/2021 Backup Material
Sideloader 3 7/5/2021 Backup Material
Rear Loader 7/7/2021 Backup Material
Rearloader 2 7/5/2021 Backup Material
Rearloader 3 7/5/2021 Backup Material
BID AWARD
CONTRACT
FSA20‐VEH18.0
HEAVY TRUCKS
Contract Term:
October 1, 2020– September 30, 2022
We are pleased to announce that the Florida Sheriffs Association has successfully completed its 18th
cooperative competitive bid for heavy trucks. This contract is in effect beginning October 1, 2020 through
September 30, 2022.
This year’s bid a w a r d included 102 specifications and makes and models for heavy trucks.
The competitive process for this award began in April 2020, when stakeholders were surveyed regarding
procurement needs. Specifications were developed based on prior year activity and new additions were added
based on survey results and the Fleet Advisory Committee’s review of products.
An advertisement of the Invitation to Bid was placed within the FSA website and Florida Administrative
Weekly on April 22, 2020. On June 2, 2020, a direct notification was sent to 511 prospective bidders to
register for qualification to participate in the bid process for heavy trucks and heavy equipment. From this
ITB, 206 bidders responded to the pre‐bid meeting registration or request for qualified waiver for FSA
approval. Of these respondents, 40 submitted b id s for heavy trucks a n d 33 qualified, responsive bidders
were awarded after a review by the FSA and the FSA Fleet Advisory Committee.
The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and
Conditions to procure this contract.
Contract prices are extended and guaranteed to any local government or political subdivision of the
state, public educational institutions, other public agencies or authorities with the State of Florida, and
other entities approved by the manufacturer to participate in this contract.
Out of state sales are permitted under this contract. All purchasers are bound by their local governing
purchasing ordinances, rules and regulations. All awarded vendors are governed by their manufacturer
agreements and the Contract Terms and Conditions.
Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount
FY2021
Budget
404-5555-589.10-01 CONTINENGY UNRESERVED / CUR YEAR UNRESERV $ 6,200 Amendment
Budget
Amendment
Budget
Amendment
Budget
Amendment
Budget
Amendment
Budget
Amendment
Total Source of Funds $ 6,200
Use of
Funds:
FY2021
Budget
404-5555-580.64-20 Z02136 AUTOMATED SIDELOADER (NEW) $ 5,200 Amendment
Budget
404-5555-580.64-20 Z02137 REARLOADER (NEW) $ 1,000 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
P.O. #
________________________________________
Salesman Signature Customer Signature
MV Registration#: MV12152
Our Service Manager is Joe Ponder
Our Parts Manager is Matt Lenhart
Our Sales Manager is Barry Sessions
Feel free to call if you need any assistance!
DATE
#Error
QUOTE INFORMATION
NEXT2021000484C669
LR 64R
Qty: 1
PREPARED BY
NEXTRAN CORPORATION
2200 W LANDSTREET RD
ORLANDO
FL 328097900
PREPARED FOR
CITY OF TITUSVILLE
555 S WASHINGTON AVE
PROPOSAL
TITUSVILLE
FL 327963551
RICHARD SGUEGLIA
NEXTRAN CORPORATION
TECHNICAL SPECIFICATION
TECHNICAL SPECIFICATION (cont.)
LR 64R
ENGINE/TRANSMISSIONS DESCRIPTION
ENGINE PACKAGE, COMBUSTION MP7-355A MACK 355HP @ 1500-1800 RPM (PEAK) 2100 RPM (GOV) 1260 LB-FT, US'17
S TRANSMISSION 4500 RDS 6 SP-ALLISON RUGGED DUTY SERIES GEN 5 W/PROGNOSTICS
EXHAUST/EMISSIONS DESCRIPTION
DEF TANK 6.6 GALLON (25 L) 22" LEFT SIDE FRAME MOUNTED
SINGLE VERTICAL RIGHT SIDE OUTBOARD MOUNTED STRAIGHT EXH STACK PLAIN END, SIDE
S EXHAUST
OUTLET DIFFUSER
S EXHAUST SYSTEM MATERIAL FINISH STANDARD EXHAUST SYSTEM MATERIAL FINISHING
EMISSION ON BOARD DIAG CONTROL EMISSION OBD, DISPLAY ONLY, USA2021
SPRINGS - FRONT MACK MULTILEAF 20000# (9100 KG) GROUND LOAD RATING, EQUAL BIAS
S FRONT AXLE BRAKES MERITOR "S" CAM TYPE 16.5" x 6" Q+
S FRONT BRAKE ADJ. MANUFACTURE FRONT BRAKE ADJUSTMENT, AUTOMATIC HALDEX
S FRONT BRAKE CHAMBER MFG. FRONT BRAKE CHAMBER MANUFACTURER, MGM
S HUB MATERIAL, FRONT BASIC MATERIAL HUB (STEEL/CAST IRON) ,FRONT
S SHOCK ABSORBER, FRONT SHOCK ABSORBER, FRONT
S STEERING M100P PLUS RIGHT SIDE ASSIST CYLINDER
S BUMP STOP, FRONT SUSPENSION BUMP STOP, FRONT SUSPENSION, FRAME MTD
AIR/BRAKE DESCRIPTION
AIRTANK DRAIN VALVE MANUAL DRAIN VALVES, BRAKE SYS TANKS, IN MANIFOLD
S AIRTANK MATERIAL STEEL AIRTANK
CA CHASSIS PACKAGING (CA) CPC139,WET TANK UNDER RH RAIL,REMAINING IN FRAME FORWARD RA
S PARKING BRAKE VALVE PARKING BRAKE VALVE, 1 YELLOW KNOB, ALL PARKING
BODY BUILDER, AIR PREP KIT BODY BUILDER, AIR PREPKIT, 7 AIR LINES, CAB TO RS FRAME
ELECTRICAL DESCRIPTION
S BACK-UP ALARM BACKUP ALARM 87/112 DB, PRECO (ADJ TO AMBIENT SOUND)
S ROOF & SIDE MARKER LIGHTS TRUCKLIGHT TYPE ROOF MARKER for LR
S HEADLAMP BULB TYPE HEADLAMP BULB TYPE, LED
S DAYTIME RUNNING LIGHTS DAY RUNNING LIGHT, WHEN ENG RUNNING
S AUX. POWER OUTLET, INTERIOR AUX POWER OUTLET, 12V DOGHOUSE
S FRONT & SIDE INDICATOR LMP TYP SIDE INDICATOR LAMP TYPE, LED
PTO DESCRIPTION
FURNISH PUMP MTG PROVISIONS - INCLUDE WIRING, SWITCHES, AND INDICATORS AS
S HYDRAULIC PUMP
REQUIRED
S CRANKSHAFT ADAPTER 1350 SERIES FLANGE (DOES NOT INCLUDE FRONT FRAME EXTENSION)
PTO TRANSMISSION MOUNTED ADM. WITHOUT PTO TRANSMISSION
ControlLink III BODY BUILDER EL PREP KIT, REFUSE, RP170 ELECT. INTERFACE (3 CON 54 PINS)
S BODY BUILDER MODULE
PAINT DESCRIPTION
S PAINT DESIGN SINGLE COLOR
S PAINT TYPE SOLID PAINT
PAINT COLOR - FIRST COLOR BLUE; L0226
S PAINT COLOR - SECOND COLOR NO SECOND TRUCK COLOR PROVIDED; NO COLOR
PAINT DESCRIPTION
S PAINT COLOR - THIRD COLOR NO THIRD TRUCK COLOR PROVIDED; NO COLOR
S CAB COLOR SAME AS FIRST COLOR - CAB
S PAINT - CAB PAINT SYSTEM PAINT - CAB, URETHANE CLEAR COAT
CHASSIS RUNNING GEAR PROCESS
CHASSIS PAINT PROCESS, STANDARD COLOR (MACK BLACK) 6ABZ1X
CODE
S CHASSIS RUNNING GEAR MACK BLACK (URETHANE)
BUMPER W/O OPTIONAL BUMPER PAINT
FUEL TANK - ***NO INVENTED
VARIANTS ALLOWED in the FUEL TANK W/O OPTIONAL FUEL TANK PAINT
PAINT FAMILY***
S HUBS & DRUMS-FRONT SAME AS CHASSIS RUNNING GEAR
S HUBS & DRUMS-REAR SAME AS CHASSIS RUNNING GEAR
Top View image is intended for illustration purposes only and is not presented to scale. Wheelbase, Axle Spacing and After frame
are not shown as specified, but are a representation. Customer Adaptation (CA) options and relocated components are not
represented in these images. Most CA options impact the variation of the image, thus an image may not populate. Calculations are
approximate to a tolerance of ± 4 inches due to component mounting variation. Certain chassis component options are NOT
represented in the Top View image, such as, but not exclusive to, Front Frame Extensions, Fuel Water Separators, Air Dryers,
PTOs, Fifth Wheels, Chassis Fairings, Toolboxes, Trailer Connections. For further information on these items and their respective
locations on your specification, please refer to the data sheets associated with those items in the configurator.
P.O. #
________________________________________
Salesman Signature Customer Signature
MV Registration#: MV12152
Our Service Manager is Joe Ponder
Our Parts Manager is Matt Lenhart
Our Sales Manager is Barry Sessions
Feel free to call if you need any assistance!
DATE
6/9/2021
QUOTE INFORMATION
NEXT2021000487C669
LR 64R
Qty: 1
PREPARED BY
NEXTRAN CORPORATION
2200 W LANDSTREET RD
ORLANDO
FL 328097900
PREPARED FOR
CITY OF TITUSVILLE
555 S WASHINGTON AVE
PROPOSAL
TITUSVILLE
FL 327963551
RICHARD SGUEGLIA
NEXTRAN CORPORATION
TECHNICAL SPECIFICATION
TECHNICAL SPECIFICATION (cont.)
LR 64R
ENGINE/TRANSMISSIONS DESCRIPTION
ENGINE PACKAGE, COMBUSTION MP7-355A MACK 355HP @ 1500-1800 RPM (PEAK) 2100 RPM (GOV) 1260 LB-FT, US'17
S TRANSMISSION 4500 RDS 6 SP-ALLISON RUGGED DUTY SERIES GEN 5 W/PROGNOSTICS
EXHAUST/EMISSIONS DESCRIPTION
DEF TANK 6.6 GALLON (25 L) 22" LEFT SIDE FRAME MOUNTED
SINGLE VERTICAL RIGHT SIDE OUTBOARD MOUNTED STRAIGHT EXH STACK PLAIN END, SIDE
S EXHAUST
OUTLET DIFFUSER
S EXHAUST SYSTEM MATERIAL FINISH STANDARD EXHAUST SYSTEM MATERIAL FINISHING
EMISSION ON BOARD DIAG CONTROL EMISSION OBD, DISPLAY ONLY, USA2021
SPRINGS - FRONT MACK MULTILEAF 20000# (9100 KG) GROUND LOAD RATING, EQUAL BIAS
S FRONT AXLE BRAKES MERITOR "S" CAM TYPE 16.5" x 6" Q+
S FRONT BRAKE ADJ. MANUFACTURE FRONT BRAKE ADJUSTMENT, AUTOMATIC HALDEX
S FRONT BRAKE CHAMBER MFG. FRONT BRAKE CHAMBER MANUFACTURER, MGM
S HUB MATERIAL, FRONT BASIC MATERIAL HUB (STEEL/CAST IRON) ,FRONT
S SHOCK ABSORBER, FRONT SHOCK ABSORBER, FRONT
S STEERING M100P PLUS RIGHT SIDE ASSIST CYLINDER
S BUMP STOP, FRONT SUSPENSION BUMP STOP, FRONT SUSPENSION, FRAME MTD
AIR/BRAKE DESCRIPTION
AIRTANK DRAIN VALVE MANUAL DRAIN VALVES, BRAKE SYS TANKS, IN MANIFOLD
S AIRTANK MATERIAL STEEL AIRTANK
CA CHASSIS PACKAGING (CA) CPC139,WET TANK UNDER RH RAIL,REMAINING IN FRAME FORWARD RA
S PARKING BRAKE VALVE PARKING BRAKE VALVE, 1 YELLOW KNOB, ALL PARKING
BODY BUILDER, AIR PREP KIT BODY BUILDER, AIR PREPKIT, 7 AIR LINES, CAB TO RS FRAME
ELECTRICAL DESCRIPTION
S BACK-UP ALARM BACKUP ALARM 87/112 DB, PRECO (ADJ TO AMBIENT SOUND)
S ROOF & SIDE MARKER LIGHTS TRUCKLIGHT TYPE ROOF MARKER for LR
S HEADLAMP BULB TYPE HEADLAMP BULB TYPE, LED
S DAYTIME RUNNING LIGHTS DAY RUNNING LIGHT, WHEN ENG RUNNING
S AUX. POWER OUTLET, INTERIOR AUX POWER OUTLET, 12V DOGHOUSE
S FRONT & SIDE INDICATOR LMP TYP SIDE INDICATOR LAMP TYPE, LED
PTO DESCRIPTION
FURNISH PUMP MTG PROVISIONS - INCLUDE WIRING, SWITCHES, AND INDICATORS AS
S HYDRAULIC PUMP
REQUIRED
S CRANKSHAFT ADAPTER 1350 SERIES FLANGE (DOES NOT INCLUDE FRONT FRAME EXTENSION)
PTO TRANSMISSION MOUNTED ADM. WITHOUT PTO TRANSMISSION
ControlLink III BODY BUILDER EL PREP KIT, REFUSE, RP170 ELECT. INTERFACE (3 CON 54 PINS)
S BODY BUILDER MODULE
PAINT DESCRIPTION
S PAINT DESIGN SINGLE COLOR
S PAINT TYPE SOLID PAINT
PAINT COLOR - FIRST COLOR BLUE; L0226
S PAINT COLOR - SECOND COLOR NO SECOND TRUCK COLOR PROVIDED; NO COLOR
PAINT DESCRIPTION
S PAINT COLOR - THIRD COLOR NO THIRD TRUCK COLOR PROVIDED; NO COLOR
S CAB COLOR SAME AS FIRST COLOR - CAB
S PAINT - CAB PAINT SYSTEM PAINT - CAB, URETHANE CLEAR COAT
CHASSIS RUNNING GEAR PROCESS
CHASSIS PAINT PROCESS, STANDARD COLOR (MACK BLACK) 6ABZ1X
CODE
S CHASSIS RUNNING GEAR MACK BLACK (URETHANE)
BUMPER W/O OPTIONAL BUMPER PAINT
FUEL TANK - ***NO INVENTED
VARIANTS ALLOWED in the FUEL TANK W/O OPTIONAL FUEL TANK PAINT
PAINT FAMILY***
S HUBS & DRUMS-FRONT SAME AS CHASSIS RUNNING GEAR
S HUBS & DRUMS-REAR SAME AS CHASSIS RUNNING GEAR
Top View image is intended for illustration purposes only and is not presented to scale. Wheelbase, Axle Spacing and After frame
are not shown as specified, but are a representation. Customer Adaptation (CA) options and relocated components are not
represented in these images. Most CA options impact the variation of the image, thus an image may not populate. Calculations are
approximate to a tolerance of ± 4 inches due to component mounting variation. Certain chassis component options are NOT
represented in the Top View image, such as, but not exclusive to, Front Frame Extensions, Fuel Water Separators, Air Dryers,
PTOs, Fifth Wheels, Chassis Fairings, Toolboxes, Trailer Connections. For further information on these items and their respective
locations on your specification, please refer to the data sheets associated with those items in the configurator.
Category: 9.
Item: A.
City of Titusville
Recommended Action:
Conduct the second and final public hearing on Ordinance No. 15-2021 amending Chapter 28
“Zoning” of the Land Development Regulations to add craft brewery/craft distillery as a
permitted use with limitations in the Tourist (T), Community Commercial (CC), Downtown Mixed
Use (DMU), Shoreline Mixed Use (SMU), Regional Mixed Use (RMU) and Urban Village (UVv)
zoning districts, amending the permitted use with limitations to require a conditional use permit
in the Urban Mixed Use (UMU) zoning district, and amending the definition and standards of
craft brewery/craft distillery and removing microbrewery as a permitted use with limitations in the
Downtown Mixed Use (DMU) zoning district; specifically amending Section 28-54 “Use
table”, Section 28-204 “Craft brewery/craft distillery” and deleting Section 28-213
“Microbrewery”; providing for severability; repeal of conflicting ordinances; for an effective date
and for incorporation into the code.
The Planning and Zoning Commission (P&Z) considered this ordinance on June 2,
2021 and unanimously (7:0) recommended approval with the following
recommendation to change any zoning category that allows residential uses to require
a conditional use where the proposed brewpub is within 100 feet of a residential use,
otherwise the brewpub use shall be permitted as a limited use.
The staff's proposed changes to the brewpub ordinance are included on the attached
ordinance, and are briefly described below:
Expands craft breweries/craft distilleries as a limited use into several zoning districts, and
as a conditional use in UMU.
Amends standards for permitted uses with limitations and conditional uses.
Amends the definition of craft brewery or distillery.
Deletes microbreweries as a use within the code.
During the June 8, 2021 Council meeting, information was requested regarding the modification
or revocation of conditional use permits. Code Section 34-77 is attached with the CUP
modification/revocation language highlighted.
Also attached is a map of the current locations of drinking establishments and restaurants within
100 feet of residential properties.
Alternatives:
1. Adopt the ordinance as written.
2. Adopt the ordinance with changes.
3. Do not adopt the ordinance.
Item Budgeted:
Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic Development
ATTACHMENTS:
Description Upload Date Type
ordinance 5/19/2021 Backup Material
Map 7/2/2021 Backup Material
Sec. 34-77 6/9/2021 Backup Material
Lakeland and Dunedin 4/14/2021 Backup Material
Ad 1 of 2 6/29/2021 Backup Material
Ad 2 of 2 7/1/2021 Backup Material
WHEREAS, the Titusville City Council desires to expand opportunities for craft
breweries and brew pubs to be located within the City in order to support economic
development, tourism and opportunities for small businesses; and
WHEREAS, the State of Florida issues two types of licenses for breweries: the CMBP
license which limits the manufacturing of malt beverages to 5000 barrels per year and allows
on-site consumption only, and the CMB (Cereal Malt Beverage) licenses which allows brewing,
distribution, bottling and tasting room on premises.
SECTION 1. That Chapter 28 “Zoning”, Article IV, “Use Table”, Section 28-54 “Use
Table” of the Code of Ordinances, City of Titusville is hereby amended to reads as follows:
Permitted Principal Use GU OR P RE RR R1A R1B R1C R- R- RMH- RMH- RHP HM T NC CC RC OP M- M- M- PID DMU UMU SMU RMU UV IRCN See
2 3 1 2 1 2 3 Noted
Section
Key: P = Permitted; L = Permitted subject to limitations; C = Condition; Blank Cell = Use Prohibited Downtown Uptown Midtown Civic 100 200 300 400 500 C R for Use
Waterfront Specific
Standards
Agricultural Uses
Residential
Residential/professional C C C C C C C C 28-78
use
Townhomes L L L L L P L C P P L L 28-81
Commercial
Automobile/vehicle P P L L L C P L L 28-98
sales
Barber/beauty P P P P P P P P P P P P P P 28-100
shop/salon
height
Delicatessens P P P P P P P P P P P P P P P 28-115
Florists P P P L P P P P P P P P P 28-124
Hospitals P C C C 28-131
Hotel/motel P P P P C P C P P 28-132
Jewelers P P P P P P P P P P P 28-136
Laundromat P P P P P P P P L L C P P 28-138
Newstands P P P P P P P P P P P P 28-148
Pharmacies P P P L P P P P P L C P P L 28-159
Spa C C P P C C P P P P C P P P 28-172
Transient C C C 28-176
accommodations
Veterinarian P L L L L P C C L L L P L 28-181
Industrial
Mini-warehouse L C C C C C 28-214
Vehicle-for-hire P C L P 28-221
establishments
Warehousing/wholesale L P C P P L L 28-222
Airpark C C C C C C C C C C P C C C C 28-231
Airports C C C C C C C C C C P C C C C 28-232
Cemeteries P 28-235
Churches C C C C C C C C C C C L L L L L L P P L C C L L 28-236
College/university P P P P P 28-237
Incinerators C 28-245
Landfill C 28-246
Library P C C C C C C C C C C C C C 28-247
Recovery/halfway C 28-254
house
Recreation
(Ord. No. 15-2017, § 1, 6-13-17; Ord. No. 19-2017, § 1, 8-8-17; Ord. No. 31-2017, § 10, 10-24-17; Ord. No. 37-2017, § 1, 11-14-17; Ord. No. 5-2018, § 1, 2-13-18; Ord. No. 17-2018, § 1, 3-13-18; Ord. No. 23-2018, § 1, 7-10-18; Ord. No. 24-2018, § 1, 7-10-18; Ord. No.
37-2018, § 1, 8-28-18; Ord. No. 3-2019, § 1, 2-26-19; Ord. No. 25-2020, § 1, 12-8-20; Ord. No. 4-2021, § 1, 2-9-21)
L L P P P P
DMU RMU
GU OR P UMU SMU UV IRCN
D U M C 100 200 300 400 500
L L L L LC L L P L
(b) Definitions.
"Craft brewery or distillery:" A small-scale, licensed manufacturing establishment which
produces, processes, ferments, rectifies or blends craft brews, wines or distilled spirits; may
or may not offer tastings, and may or may not provide on-site sale and consumption of the
products. A small brewery in which less than twenty-five (25) percent of the brewery is owned
or controlled (or equivalent economic interest) by an alcoholic beverage industry member that
is not itself a craft brewer. Craft brewers have a majority of its total beverage alcohol volume
in beers whose flavor derives from traditional or innovative brewing ingredients and their
fermentation. Craft breweries may operate a tasting room which allows for the sales of beer
and wine as defined in Florida Statutes.
(c) Standards for permitted uses with limitations and conditional uses.
(1) A duly-licensed establishment that produces beer and distilled spirits in quantities not
to exceed 15,000 barrels per year (465,000 U.S. gallons).
(2) Where permitted only through a conditional use, the maximum production capacity may
be further limited to minimize impacts on adjacent uses.
(1) In the Urban Mixed-Use (UMU) zoning district, craft breweries/craft distilleries must be
on property with an approved craft brewery/craft distillery use existing prior to
Craft brewery Ord.
May 18, 2021 Page 11 of 13
DMU RMU
GU OR P UMU SMU UV IRCN
D U M C 100 200 300 400 500
L L
(b) Reserved.
(c) Standards for permitted uses with limitations.
(1) In the Downtown Mixed-Use (DMU) zoning district, an on-site retail component shall
be required.
SECTION 4. SEVERABILITY. If any provisions of this Ordinance are for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be become in full force and
effect upon adoption by the City Council in accordance with the Charter of the City of Titusville,
Florida.
Craft brewery Ord.
May 18, 2021 Page 12 of 13
________________________
Daniel E. Diesel, Mayor
ATTEST:
_________________________
Wanda F. Wells, City Clerk
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Page 1 of 2
the use of the conditional use permit has failed to comply with any of the conditions and
restrictions imposed in the conditional use permit, has created an unforeseen negative
impact such as emissions, particulates, noise, or other negative impact, or has otherwise
caused substantial and adverse effects on the general health, safety or welfare of adjoining
and nearby property owners and residents, and the owner has had adequate opportunity to
correct the deficiency through code enforcement procedures or other avenues of due
process. This provision shall apply retroactively.
(e) Modification or revocation proceedings shall be initiated and processed in the same
manner as an administrative rezoning.
(f) Existing conditional use permits shall be presumed to be waived when a rezoning
application is granted, unless the applicant requests renewal of the conditional use
permit(s). In the event of a rezoning request wherein the subject property also has an
approved conditional use permit, upon request, the Council shall renew, modify, or revoke
each existing conditional use permit. Unless reauthorized, conditional uses constructed or
under construction at the time of the rezoning shall be considered nonconforming uses.
(Ord. No. 9-2018, § 1, 2-27-18; Ord. No. 39-2019, § 1, 11-26-19)
Page 2 of 2
Craft/micro brewery, winery or distillery: A small-scale, licensed manufacturing establishment which produces, processes,
ferments, rectifies or blends craft brews, wines or distilled spirits; may or may not offer tastings, and may or may not provide
on-site sale and consumption of the products.
OFFICE INDUSTRIAL
USES RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS
DISTRICTS DISTRICTS
C
Micro-Breweries, Micro-Wineries & Micro-Distilleries C C 5
P P
P
Restaurants, Low Turn-Over P P P P P P P 5
P
P
Restaurants, High Turn-Over P C P P P P P 5
P
5
Denotes uses which qualify as retail or service for purposes of complying with core ground floor use requirements specified in
footnote no. 4.
Micro-Breweries, Micro-Wineries & Micro-Distilleries: Establishments which produce beer, wine or distilled spirits in
relatively small quantities in conjunction with a restaurant, tasting room or retail sales operation. A micro-brewery is defined
as an establishment which is duly-licensed to produce beer and/or cider in quantities not to exceed 15,000 barrels per year
(465,000 U.S. gallons). A micro-winery is defined as an establishment which is duly-licensed to produce wine and/or mead
in quantities not to exceed 100,000 U.S. gallons per year. A micro-distillery is defined as an establishment which is duly-
licensed to produce distilled spirits in quantities not to exceed 15,000 U.S. gallons per year. Where permitted only through a
conditional use, the maximum production capacity may be further limited to minimize impacts on adjacent uses.
CITY OF TITUSVILLE"
NOTICE OF PUBLIC HEARINGS
FOR PROPOSED. ENACTMENT OF
5fa,) 0_ 1
00_ TITUSVILLE CITY ORDINANCE
S PLEASE TAKE NOTICE that the City of Titusville City Council will hold: public-
hearings to hear interested persons with regard to the following ordinance.' The
first public hearing for.the proposed ordinance. is scheduled<for Tuesday, June
8, .2021. The second and final public hearings for the proposed ordinanceis
scheduled for Tuesday, July 13, 2021. The• public.:
PLEASE ALSO TAKE NOTICE that the City of Titusville Planning and Zoning
Commission will hold a publid hearing on Wednesday, June 2, 2021, at a .
meeting commencing at 6: 00 p. m., to hear interested persons with regard '
to these matters for recommendation to the City Council. This meeting and the
public hearings will be held in the Council Chamber on the second floor of City
Hall, 555 South Washington Avenue, Titusville, Florida 32796. .
The proposed ordinance may be inspected by the public at the City of Titusville
City Clerk' s Office. All interested parties are hereby advised that they may appear
at said meetings and public hearings- and be heard with respect to said ordinance.
Any person who decides to appeal any decision of the Planning and Zoning'
Commission or the City. Council with respect to any matter being considered at
these meetings will need to ensure that a verbatim record of the proceedings is.-
made, which record includes the testimony and evidence upon which the appeal
is to be based.
Category: 9.
Item: B.
City of Titusville
Recommended Action:
Conduct the second reading and public hearing of Ordinance No. 16-2021 amending the Code
of Ordinances to amend Chapter 21, Article III, Division 8, "Grease Interceptors" of the Code
of Ordinances to provide flexibility to existing facilities requiring a grease interceptor; by
amending section 21-240(a)(1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3), and deleting section
21-240(c)(1); providing for severability, repeal of conflicting ordinances, an effective date and
incorporation into the Code.
Staff has reviewed other municipalities’ codes, enforcement options, risks, etc and is proposing
through this ordinance revised Code that addresses existing facilities providing flexibility and
maintaining sewer system protection. The revisions also remove the case by case evaluation
process. Design and sizing for new interceptors in existing facilities will be based on a design
professional recommendations, Florida Building Code, and sizing calculations. These factors
will determine whether an internal or external device is required and what size device shall be
installed to properly service the type of business.
On June 8th, the first reading of the Ordinance was conducted. At that time, City Council
provided guidance for further modifications to the ordinance and those modifications have been
incorporated into the proposed ordinance. In addition it was confirmed that American Rescue
Plan Act Funding could be used for a reimbursable grant program for the installation of
approved grease interceptors.
Alternatives:
1. Conduct the second reading and make no changes to the proposed ordinance.
Item Budgeted:
NA
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 4 – Economic Development
ATTACHMENTS:
Description Upload Date Type
Redlined Proposed Ordinance 16-2021 6/30/2021 Backup Material
Grease Interceptors
Proposed Ordinance 16-2021 Grease 6/30/2021 Backup Material
Interceptors
Legal Ad 6/29/2021 Backup Material
WHEREAS, the City Council of the City of Titusville, Florida adopted Grease Interceptor
requirements with the adoption of Ordinance No. 24-2012; and
WHEREAS, the City Council of the City of Titusville, Florida desires to encourage flexibility
for businesses with grease interceptor code changes within the Code of Ordinances.
Section 1. That Chapter 21 of the Code of Ordinances “Utilities”, Article III “Sanitary Sewer
System”, Division 8 “Grease Interceptors”, of the Code of Ordinances of the City of Titusville is
hereby amended as the following:
(a) [User's discharge permit.] All facilities that commercially prepare food for distribution shall
be required to obtain a user's discharge permit from the city manager or his/her designee
for the amount of one hundred dollars ($100.00) per year. All preexisting facilities that
change ownership are required to reapply for a user's discharge permit.
(1) All newly constructed facilities, excluding single-family homes, will be required to
install an approved, external grease trap with a minimum size of 750-gallon capacity
or must engage a registered design professional to size a device. A registered design
professional shall be a licensed architect or licensed professional engineer as defined
by the Florida Building Code, Chapter 2 definitions, and under Chapters 471 and 481,
Florida Statutes. All grease trap designs will based on Florida Building Code and
requirerequire review and approval by the city manager or his/her designee. The
registered design professional shall include their calculations for review. Based on the
design calculations provided, an external or internal device may be used. Internal
devices are to be a hydro-mechanical grease interceptor (HGI).
(2) Existing facilities without an external grease trap are required to install an external
grease trap to meet WWF discharge compliance. Other permits issued for internal
grease traps will be issued on a case-by-case basis. The only factor that makes the
use of an internal interceptor(s) acceptable would be an inadequacy of space, along
with the size of the facility, for the installation of an external grease trap as specified.
Grease Interceptor Code of Ordinances
Page 1 of 3
All other preexisting facilities that change ownership will be required to install external
grease traps.
(23) If these remaining facilities fail to meet discharge requirements they will be subject to
discharge fines based on the effluent parameters. Failure to submit payment for such
discharge violations or required compliance measures set forth by the pretreatment
coordinator, within the stipulated timeframe, will result in termination of water supply to
the facility by the city manager or his/her designee, resulting in facility closure by the
department of health.
(b) Alternative treatment. The use of any enzymes, chemicals, or other products designed to
emulsify, liquefy or further render grease soluble for the purpose of cleaning drainlines or
circumventing the intended design of the grease trap, is prohibited. All potential vendors
with products claiming biological activity will need to submit product-marketing literature,
material safety data sheets and a sample of the product to the WWF for review and
approval. Product evaluation under actual field-testing may be required by the WWF. The
vendor or manufacturer of the biological product will reimburse all expenses for WWF field
training [testing]. Final product approval will be given in writing by the WWF.
(c) Garbage disposal installation. The installation of garbage disposals into any food facility
is prohibited.
(1) Grease trap design. Grease traps are required to comply with current city design and
installation specifications. The specifications are available from the City of Titusville
Water Resources Department. Any new or existing facility that is required to install a
grease trap is required to submit the grease trap design to the city for review. The
grease trap design must be approved by the city prior to construction and/or
installation.
(d) (2)Interceptor maintenance report. It will be the responsibility of the facility to contract with a
local licensed septic pumping contractorhauler and maintain a record of each grease trap
pump-out. It is required that each grease trap be inspected and certified on an annual basis
by both the licensed septic pumping contractorhauler and the designee of the city
manager. A grease trap pump-out will be required on a monthly basis or as required by
past grease productionas provided by a design professional for the permit submittal. All
grease trap pump-out records and annual grease trap inspection receipt will need to be
displayed along with health department inspection certification. Failure to do so will result in
required grease trap pump-out, and if not complete within ten (10) days, a fine of three
hundred fifty dollars ($350.00) or a fine up to ten thousand dollars ($10,000.00) if not
completed within thirty (30) days. If upon inspection, the grease trap is found to have over
eleven (11) inches of solids in the bottom of the grease trap or a grease cap of over three
(3) inches or the facility exceeds discharge compliance levels, based upon grease trap
effluent sampling, the pretreatment representative can require a grease trap pumped out,
cleaned and transported to a designated disposal site. Each facility is responsible for their
wastewater discharge quality and the proper disposal of their grease trap contents. Failure
to comply with either effluent discharge levels or proper legal disposal of grease trap
contents may result in possible fines not to exceed ten thousand dollars ($10,000.00).
(e)(3) Program monitoring. It is the responsibility of each facility to maintain their effluent
discharge quality. Failure to do so may result in monthly effluent sampling by the
pretreatment department. Surcharge and fines shall be assessed on the parameters listed
in the City of Titusville Pretreatment Program Reference Manual. Each violation will be
based on the total water consumption and the impact on the wastewater collection and
treatment system by the facility. All surcharges and/or fines will be added to the facility's
monthly water bill for payment.
Section 2. SEVERABILITY. If any provision of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 4. EFFECTIVE DATE. This Ordinance shall be become in full force and effect
upon adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.
____________________________
ATTEST:
__________________________________
WHEREAS, the City Council of the City of Titusville, Florida adopted Grease Interceptor
requirements with the adoption of Ordinance No. 24-2012; and
WHEREAS, the City Council of the City of Titusville, Florida desires to encourage flexibility
for businesses with grease interceptor code changes within the Code of Ordinances.
Section 1. That Chapter 21 of the Code of Ordinances “Utilities”, Article III “Sanitary Sewer
System”, Division 8 “Grease Interceptors”, of the Code of Ordinances of the City of Titusville is
hereby amended as the following:
(a) [User's discharge permit.] All facilities that commercially prepare food for distribution shall
be required to obtain a user's discharge permit from the city manager or his/her designee
for the amount of one hundred dollars ($100.00) per year. All preexisting facilities that
change ownership are required to reapply for a user's discharge permit.
(1) All facilities, excluding single-family homes, will be required to install an approved,
external grease trap with a minimum size of 750-gallon capacity or must engage a
registered design professional to size a device. A registered design professional shall
be a licensed architect or licensed professional engineer as defined by the Florida
Building Code, Chapter 2 definitions, and under Chapters 471 and 481, Florida
Statutes. All grease trap designs will based on Florida Building Code and require
review and approval by the city manager or his/her designee. The registered design
professional shall include their calculations for review. Based on the design
calculations provided, an external or internal device may be used. Internal devices are
to be a hydro-mechanical grease interceptor (HGI).
(2) If these remaining facilities fail to meet discharge requirements they will be subject to
discharge fines based on the effluent parameters. Failure to submit payment for such
discharge violations or required compliance measures set forth by the pretreatment
coordinator, within the stipulated timeframe, will result in termination of water supply to
Grease Interceptor Code of Ordinances
Page 1 of 3
the facility by the city manager or his/her designee, resulting in facility closure by the
department of health.
(b) Alternative treatment. The use of any enzymes, chemicals, or other products designed to
emulsify, liquefy or further render grease soluble for the purpose of cleaning drainlines or
circumventing the intended design of the grease trap, is prohibited. All potential vendors
with products claiming biological activity will need to submit product-marketing literature,
material safety data sheets and a sample of the product to the WWF for review and
approval. Product evaluation under actual field-testing may be required by the WWF. The
vendor or manufacturer of the biological product will reimburse all expenses for WWF field
training [testing]. Final product approval will be given in writing by the WWF.
(c) Garbage disposal installation. The installation of garbage disposals into any food facility
is prohibited.
(d) Interceptor maintenance report. It will be the responsibility of the facility to contract with a
licensed hauler and maintain a record of each grease trap pump-out. It is required that
each grease trap be inspected and certified on an annual basis by both the licensed hauler
and the designee of the city manager. A grease trap pump-out will be required as provided
by a design professional for the permit submittal. All grease trap pump-out records and
annual grease trap inspection receipt will need to be displayed along with health
department inspection certification. Failure to do so will result in required grease trap pump-
out, and if not complete within ten (10) days, a fine of three hundred fifty dollars ($350.00)
or a fine up to ten thousand dollars ($10,000.00) if not completed within thirty (30) days. If
upon inspection, the grease trap is found to have over eleven (11) inches of solids in the
bottom of the grease trap or a grease cap of over three (3) inches or the facility exceeds
discharge compliance levels, based upon grease trap effluent sampling, the pretreatment
representative can require a grease trap pumped out, cleaned and transported to a
designated disposal site. Each facility is responsible for their wastewater discharge quality
and the proper disposal of their grease trap contents. Failure to comply with either effluent
discharge levels or proper legal disposal of grease trap contents may result in possible
fines not to exceed ten thousand dollars ($10,000.00).
(e)Program monitoring. It is the responsibility of each facility to maintain their effluent discharge
quality. Failure to do so may result in monthly effluent sampling by the pretreatment
department. Surcharge and fines shall be assessed on the parameters listed in the City of
Titusville Pretreatment Program Reference Manual. Each violation will be based on the
total water consumption and the impact on the wastewater collection and treatment system
by the facility. All surcharges and/or fines will be added to the facility's monthly water bill for
payment.
Section 2. SEVERABILITY. If any provision of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 4. EFFECTIVE DATE. This Ordinance shall be become in full force and effect
upon adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.
____________________________
ATTEST:
__________________________________
1
PLEASE TAKE NOTICE
6 ' am_
rU
that the City T)
Council of the City of Titusville, Florida
will hold a public hearing on Tuesday,
July 13, 2021, at a meeting commencing
at 6:30 p. m., in the Council Chamber on
the second floor of City Hall, 555 South
Washington Avenue, Titusville, Florida
32796, to hear interested persons with
regard to the following proposed ordi-
nance:
Category: 9.
Item: C.
City of Titusville
Recommended Action:
Conduct the Public Hearing and approve Transmittal of the draft 2040 Vision Based
Comprehensive Plan to the State Land Planning Agency (FL Dept of Economic Opportunity)
for review (Comprehensive Plan Amendment Application No. 1-2021).
The P&Z recommend to City Council approval to proceed with transmittal of the 2040
draft Comp Plan with all past comments from current and previous P&Z Commission
members, with current comments from P&Z Commission members and past and
present comments from citizens that have been provided. (Approved 6 yes, 1 no vote).
Member Rice said he has not had enough time to review the document and cannot
support it at this time.
The new plan links land use and transportation into an expanded list of future land use GOPs
and consolidates several land use categories into 9 with an overlay. The new land use
categories allow mixed use development in key areas including an expanded Downtown, the
commercial Gateway Corridors and certain Neighborhood Centers. In order to accommodate
mixed use development, the plan recommends adopting urban design standards into the Land
Development Regulations. Additional strategies include additions to the multimodal master
plan, updating the 2007 Waterfront Master Plan and adopting strategies to address sea level
rise, sustainability and neighborhood planning.
Since 2018, the Planning and Zoning Commission members met with staff twenty-six (26)
times to discuss the draft comprehensive plan. Questions and comments from these meetings
are attached as requested by the Commission.
Alternatives:
1. Approve transmittal of the draft comprehensive plan as presented.
2. Approve transmittal of the draft comprehensive plan with changes.
3. Do not approve transmittal of the draft comprehensive plan, and provide additional direction
to staff.
Item Budgeted:
Yes
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 3 – Financial StabilityNo. 4 –
Economic DevelopmentNo. 5 – Effective Governance
The long range Plan goals are based on the community's vision. The objectives and policies in
the Comprehensive Plan direct and prioritize the actions that are necessary to make progress
towards, and achieve, the goals. The Comprehensive Plan is required to be financially feasible
to implement and it must be dynamic; as the community changes through new development and
redevelopment. The Plan can be amended to adapt to new circumstances, opportunities and
conditions.
ATTACHMENTS:
Description Upload Date Type
Draft Titusville 2040 Comp Plan 2021 5/4/2021 Backup Material
Transmittal
P&Z 2018 Questions Comments & Staff 6/30/2021 Backup Material
Responses
P&Z 2018-2021 minutes 7/1/2021 Backup Material
P&Z Public Handouts 7/1/2021 Backup Material
Newest Legal Advertising (Re-Advertised 6/29/2021 Backup Material
Transmittal Hearing Dates)
City of Titusville
555 South Washington Avenue
Titusville, FL 32796
www.Titusville.com
City Council
City Administration
Contents
I. Introduction .................................................................................................................................. - 4 -
A. Plan Organization .................................................................................................................... - 4 -
B. How to Use the Plan ................................................................................................................ - 5 -
C. Titusville Vision ........................................................................................................................ - 5 -
II. People ......................................................................................................................................... - 7 -
A. Community Profile .................................................................................................................... - 7 -
B. titusvilletomorrow .................................................................................................................. - 20 -
C. Growth Trends ....................................................................................................................... - 21 -
III. Places ....................................................................................................................................... - 22 -
A. Future Land Use Goals, Objectives, and Policies ................................................................... - 22 -
1. Citywide Development Strategies (CD) ............................................................................... - 22 -
2. Downtown (DT) .................................................................................................................. - 28 -
3. Waterfront (WF) ................................................................................................................. - 30 -
4. Gateways (GW).................................................................................................................. - 33 -
5. Neighborhoods (NH) .......................................................................................................... - 35 -
6. Historic Preservation (HP) .................................................................................................. - 37 -
7. Employment (EM) .............................................................................................................. - 41 -
8. Coastal Management (CM) ................................................................................................. - 43 -
B. Plan Categories ..................................................................................................................... - 51 -
1. Land Use Categories and Overlay ...................................................................................... - 52 -
LAND USE CATEGORIES ............................................................................................................. - 55 -
a. Downtown (D) .................................................................................................................... - 56 -
b. Gateway Corridor (GC)....................................................................................................... - 59 -
c. Neighborhood Center (NC) ................................................................................................. - 64 -
d. Neighborhood (N) ............................................................................................................... - 65 -
e. Research and Manufacturing (RM) ..................................................................................... - 67 -
f. Civic (CV) ........................................................................................................................... - 68 -
g. Recreation (REC) ............................................................................................................... - 69 -
h. Conservation (CNS) ........................................................................................................... - 70 -
i. Waterfront Overlay (WFO) .................................................................................................. - 70 -
IV. Housing (HS) ............................................................................................................................. - 72 -
V. Natural Resources ..................................................................................................................... - 77 -
A. Open Space (OS) .................................................................................................................. - 77 -
B. Environmental (EN) ................................................................................................................ - 83 -
VI. Public Facilities .......................................................................................................................... - 91 -
A. Mobility (MT) .......................................................................................................................... - 92 -
B. Potable Water and Sewer (PW) ............................................................................................ - 100 -
C. Stormwater (SW) ................................................................................................................. - 108 -
D. Solid Waste (SO) ................................................................................................................. - 109 -
E. Schools (PS) ........................................................................................................................ - 109 -
F. Capital Improvements Element (CIE).................................................................................... - 110 -
1. CIE 5-Year Schedule of Capital Improvements ................................................................. - 118 -
2. Ten Year Work Plan of Water Supply Capital Improvements ............................................. - 126 -
VII. Intergovernmental Coordination (IC) ........................................................................................ - 127 -
Appendix A. Implementation (IM) .................................................................................................. - 130 -
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MAPS
PARKS................................................................................................................................................ - 82 -
-2-
Terms
ACC – Area of Critical Concern
BMAP – Basin Management Action Plan for the North Indian River Lagoon
CIP – Capital Improvement Program
CDBG – Community Development Block Grant
CLT – Community Land Trust, a nonprofit corporation that develops and stewards affordable housing,
community gardens, civic buildings, commercial spaces and other community assets
CHHA – Coastal High Hazard Area (CHHA)
Complete Street – A roadway where the entire right-of-way is designed and operated to enable safe
access for all users. Pedestrian, bicyclists, motorists, and transit riders of all ages and abilities
CRS – Community Rating System
DEP – Florida Department of Environmental Protection
ECFRPC – East Central Florida Regional Planning Council
ERU – Equivalent Residential Unit, used to determine demand for potable water and sewer
FAA – Federal Aviation Administration
FAC – Florida Administrative Code
FAR – Floor Area Ratio. The numerical value obtained by dividing the gross floor area of buildings by the
area of the site on which the building is constructed.
FDACS – Florida Department of Agriculture and Consumer Services
FDEP – Florida Department of Environmental Protection
FEMA – Federal Emergency Management Agency
FFWCC – Florida Fish and Wildlife Conservation Commission
FIND – Florida Inland Navigation District
F.S. – Florida Statutes
FRDAP – Florida Recreation Development Assistance Program
Goal – The long-term end toward which programs or activities are ultimately directed
HOME – Investment Partnerships Program, which is a HUD affordable housing assistance program
HUD – U.S. Department of Housing and Urban Development
CCMP – Indian River Lagoon Comprehensive Conservation and Management Plan of the Indian River
Lagoon National Estuary Program
LMS – Brevard County Local Mitigation Strategy
LOS – Level of Service, the service standard established to maintain concurrency related facilities
LRTP – Long Range Transportation Plan, which is maintained by the Space Coast TPO
MGD – Million Gallongs Day
NRCS – Natural Resource Conservation Service
NFIP – National Flood Insurance Program
NMFS – National Marine Fisheries Services
Objective – Specific, measurable, intermediate end that is achievable and make progress toward a goal
Policy – The way in which programs and activities are conducted to achieve an identified goal
SHIP – State Housing Initiatives Partnership program, that provides funds to local governments to create
partnerships that produce and preserve affordable homeownership and multifamily housing
SIS – Strategic Intermodal System, Florida’s high priority network of transportation facilities important to
the state's economy and mobility
SJRWMD – St. Johns River Water Management District
SLOSH – Sea, Lake & Overland Surges Hurricanes model developed by the National Weather Service.
Strategy – The program or project by which the Goal is implemented
TPO – Space Coast Transportation Planning Organization
USFWS – U.S. Fish and Wildlife Service
USACE – U.S. Army Corps of Engineers
-3-
I. Introduction
Titusville’s 2040 Comprehensive Plan is based on the titusvilletomorrow Vision Plan developed through
public outreach in 2017 and adopted by City Council on January 23, 2018. The vision outlines goals for the
City’s future growth and identifies three major themes: Downtown, the Waterfront, and the Gateways. The
2040 Comprehensive Plan has been reorganized to create a document that is efficient, clear, and concise.
The reorganization recognizes the importance of coordinating various departments and strategies to
accomplish goals within each theme and geographic area, and acknowledges that appropriate strategies
within any area of practice may vary across the City.
A. Plan Organization
All local governments in Florida must prepare and adopt a comprehensive plan that guides future
development and growth in accordance with Chapter 163, Part II, Florida Statutes. Comprehensive plans
must contain a number of elements, including future land use, transportation, housing, open space and
recreation, infrastructure, conservation, schools, capital improvements, intergovernmental coordinatio n
and, for some, a coastal management element. The Florida Community Act of 2011 made sweeping
changes to Florida’s planning and growth management requirements, making transportation concurrency
optional and adding multimodal transportation planning requirements. The comprehensive plan should
provide for a safe, convenient multimodal transportation system, coordinated with the future land use map
series and designed to support all elements of the comprehensive plan. This is the most sustainable means
of achieving a quality, livable community, accommodating growth, and preserving natural assets. The
Titusville 2040 Comprehensive Plan achieves these principles by integrating land use and transportation
planning in a series of place-making policies and land use categories.
The general framework of the plan is comprised of several components that, when combined, represent
the City and its’ vision as a whole. These components are representative of those fundamental growth
management elements required by state law.
Planning for growth and change is a collaborative effort between City staff, residents, business owners and
investors whose activities affect the community. It also includes government providers of services such as
education and health, community organizations, developers, authorities, and transportation agencies.
The Plan Categories established under the PLACES component of the plan are tools used to implement
various policies of the Comprehensive Plan, especially those dealing with growth management ( also
referred to as Future Land Use), and general development patterns within the City. An effective plan is one
that focuses on creating a quality, livable community. With the emphases on land use and transportation,
the shift in focus to placemaking and creating opportunities for mixed-use is prevalent throughout this
Comprehensive Plan. These placemaking principles combine land use and transportation options to ensure
a mobility network that is safe and accessible to all users and allow development to e nhance the built
environment by pairing compatible development typologies with a variety of mobility options.
The City’s Comprehensive Plan is crucial to fulfilling the vision, which in turn creates an environment that
Titusville aspires to be. It creates the roadmap to the Vision – The Big Picture. The Plan contains the
“Tools”, in the form of Goals, Objectives, and Policies, to use in achieving the City’s future.
Future Land Use, Housing, Recreation and Open Space, Environmental, Mobility, Public Facilities, Public
School Facilities, Intergovernmental Coordination and Capital Improvements are the individual sections that
together, create the vision for the future of Titusville.
-4-
C. Titusville Vision
The vision of the Comprehensive Plan for the future of the City of Titusville is multifaceted: “Unified by its
natural features and space heritage, Titusville seeks to protect its future by: sustaining and
nurturing a pedestrian scale and feel; protecting its’ waterfront and capitalizing on the opportunity
to provide public access and enjoyment; utilizing smart-growth policies to accommodate future
development, while protecting natural resources; and embracing the designation as a Trail Town
by expanding pedestrian and bicycle infrastructure, and providing additional forms of mobility for
residents and visitors.”
The City will strive to enhance, modernize and expand programs, operations and facilities to ensure Level
of Service standards are met and that performance exceeds citizens’ expectations. Through
encouragement of increased citizen engagement and communication, genuine opportunities for citizen
feedback will be created. The City will continue to maintain relationships with strategic partners and
coordinate with government agencies to accomplish the vision of the City and the Comprehensive Plan.
The City of Titusville will remain committed to successful economic development to support a historically
conscious, sustainable and progressive multimodal community. Efforts also will reflect the City’s
commitment to becoming a Trail Town, small-town livability, and enhancement of the shoreline and Indian
River Lagoon. These improvements will be balanced with efficient processes for budgeting, procurement,
investments and financial sustainability.
-5-
-6-
II. People
The people who call Titusville “home” are the most critical of, cheerleaders for, and ambassadors for the
City. They create the “heartbeat” of the community. This creates a place where someone chooses to go to
college, raise their family, conduct their career, open or bring a business, and retire or spend their entire
life because of the vibrant and attractive environment.
These choices eventually become actions that create the feeling of a “place” for a City. The economic health
and vitality of a city is predicated on the knowledge of the community and its leaders as to the assets and
the development of the necessary measures to preserve and improve upon those assets, so residents, and
visitors will want to call Titusville “home” too.
Titusville has an appeal unrivaled by any community along the Space Coast or central Florida. Proximity
to the Kennedy Space Center, Exploration Park, the Canaveral National Seashore, and Merritt Island
National Wildlife Refuge create a harmonious mesh of the pinnacle of technological advancements and
human space flight with the peaceful serenity of undisturbed beaches, marshland, and native habitats.
Titusville has an appeal to businesses, investors and prospective residents, largely due to diverse
population, low cost of living, annual climate and proximity to the larger central Florida economic climate,
in addition to accessibility to recreational uses. To propel the City to be the premier community on the Space
Coast, the City must continue to attract the talent and community cheerleaders that have made Titusville
the “Gateway to Nature and Space.”
A. Community Profile
The information below is from ESRI’s Community Analyst tool, and provides key facts of the demographics
for the City for 2020.
-7-
Housing Development
Approximately 21,794 residential units are in the City and 2,825 were built since 2010. The number of
residential units built since 2010 exceeds the population increase of 2,652, which reflects the number of
part-time residents in the community. An additional 2,404 units in the Antigua Bay project and 1,277 units
in the Willow Creek project were approved through a Master Plan process and the Planned Development
rezoning process in 2017. The estimated annual population increase resulting from approved development
and those currently in conceptual or engineering review is below the BEBR population estimates.
The City annexed approximately 16 acres in the past 8 years. Since 2010, approximately 2,825 housing
units were developed and 422,802 square feet of non-residential development was constructed. The
majority of non-residential construction permits were related to redevelopment of existing properties. The
redevelopment of the derelict 327,000 square foot Miracle City mall into the Titus Landing lifestyle mall
project is the most prominent example. Approximately 4,810 acres of vacant land is available for new
residential and non-residential development within the City limits.
Integration of Land Use and Transportation
The integration of land use and transportation related policies and strategies in the plan effectively shifts
the focus from moving automobiles to moving people and goods. Investing in both motorized and non -
motorized vehicle infrastructure is essential. The Places and Mobility sections of the plan distinguish the
appropriate location and contexts for both motorized and non-motorized infrastructure. For the state
highway system and major arterials, the plan places a lower priority on preventing future congestion through
widening and places a higher priority on managing the existing system (access management and intelligent
transportation systems). The Downtown, Gateway Corridor, and Neighborhood Center plan categories
place a lower emphasis on relieving congestion and greater emphasis on expanding and reinforcing mode
choice, improving walkability, and promoting a diverse and compatible mix of land uses.
The land use categories are primarily designated according to the existing transportation hierarchical
network and with the three geographic areas – Downtown, Waterfront and Gateways – adopted with the
Vision document in January 2018. The major commercial corridors make up the Gateways; the
Neighborhood Centers surround collector intersections in the Neighborhood areas; the Research and
Manufacturing areas encompass the major industrial and commercial employment centers in the south of
the City; the Waterfront district runs the length of US-1, and the Downtown includes the historic gridded
core of the City.
There are multiple transportation corridors throughout the city that provide access across the municipality,
and some provide connections to other municipalities within the region. These corridors include
Washington Avenue (U.S. Highway 1), Garden Street (State Road 406), Cheney Highway (State Road 50),
South Street/Columbia Boulevard (State Road 405), and Hopkins Avenue. The City recognizes that these
corridors share similarities as the commercial arteries through the city. It is their differences that make them
uniquely appropriate to their particular areas. These unique characteristics are explained for each corridor
below. The corridor characteristics help inform the most appropriate land use applicable to the particular
area. For instance, a corridor surrounded by a gridded block and street network could be located in a high
density downtown area, whereas a corridor surrounded by an area with wide distances between buildings
and access points could be characterized as suburban. The correlation between the corridors and land
uses are illustrated in the corridor/land use matrix. The major commercial corridors are described on the
following pages, and summarized by Table CP 1 – Corridor Comparison, below.
-8-
Central Washington
90 – 180 ft 200 – 1,500 ft 18-30 ft Regional
(U.S. 1)
Garden Street
60 – 100 ft 200 – 1000 ft 10 – 12 ft City
(SR 406)
Cheney Highway
100 – 200 ft 200 – 2,000 ft 25 – 40 ft Regional
(SR 50)
Columbia Boulevard
200 – 280 ft < one-half mile 25 – 40 ft City
(SR 405)
Hopkins Avenue 14’ center turn
45 – 65 ft 200 – 2,000 ft City
(City owned) lane
-9-
- 10 -
Downtown Washington (U.S. 1) Segment – This segment of Washington Avenue lies within the CRA.
Along this segment of the roadway the right-of-way widths are approximately 40 to 50 feet for each one-
way pair. Development patterns are urban in nature with buildings close to the street , shared parking or
rear parking, and generally small properties (less than one acre). Blocks are irregular in length ranging
from approximately 475 feet to in excess of 1,000 feet. Pedestrian facilities in the form of sidewalks are in
place along both sides of the roadway. Uses along this segment are mainly non-residential in nature
including retail, commercial offices, medical offices, and some automobile sales. The image below is
illustrative of this roadway segment:
- 11 -
Central Washington (U.S. 1) Segment - The segment of Washington Avenue between Grace Street and
Highway 50 is aligned in a north-south configuration parallel to the Indian River Lagoon. This segment has
right-of-way widths that vary between 90 and 180 feet in width. There are medians along this segment that
are between 18 and 30 feet in width. This segment is intersected by a semi-regular street grid to the west
with blocks approximately 200 feet in length interspersed with larger parcels, which interrupt the street grid ,
and block lengths can be up to 1,500 feet. The intersecting streets on the west side of Washington Avenue
provide an east-west connection to Hopkins Avenue, which is a city maintained arterial. Pedestrian facilities
are in place along the roadway, but vary in the placement within the right-of-way. The majority of the parcels
east of Washington Avenue (adjacent to the Indian River Lagoon) are developed as single-use parcels
containing multistory multifamily residential development, single-family residences, waterfront parks,
interspersed with restaurants and retail uses. The majority of the parcels west of Washington Avenue are
single-use parcels with a mix of aging commercial uses, properties undergoing redevelopment, garden -
style multifamily residential, and single-family residential uses. The image below is illustrative of this
roadway segment:
- 12 -
- 13 -
- 14 -
- 15 -
South Street Central Segment – This segment of the South Street lies between west of Rock Pit Road
and Cheney Highway is configured as a two-lane road, with limited intersection improvements to enhance
vehicular turning functions. There is an approximately eight-foot-wide multiuse pathway between the start
of the central segment (the transition from the Urban Segment to the Central Segment) and Fox Lake Road.
Along this segment of the roadway the right-of-way widths vary between 200 and 220 feet. Pedestrian
facilities along this segment of roadway are not provided other than the multi-use trail along the
aforementioned section of the segment. Development patterns are generally suburban in nature with many
vacant parcels within the segment. Block patterns are not defined, with distances in excess of one-half
mile without a roadway intersection. Uses along this segment are a mix of vacant properties, single-family
residential subdivisions with controlled access, and industrial uses including a solid waste transfer station
and mulching facilities. The image below is illustrative of this roadway segment:
- 16 -
Columbia Boulevard Segment - The segment of Columbia Boulevard between Cheney Highway (State
Road 50) and NASA Causeway is configured as a four-lane divided roadway. The travel lanes are
separated by a grass median varying between 25 and 40 feet. Along this segment of the roadway, the
right-of-way widths vary between approximately 200 feet and 280 feet. Pedestrian facilities are not
provided along this segment and there is no formal block structure with more than one-half mile between
street intersections. Uses along this segment are a mix of vacant properties, single-family subdivisions
with controlled access, single-use commercial properties, and tourism uses. The image below is
illustrative of this roadway segment:
- 17 -
Hopkins Avenue
Hopkins Avenue is a north-south corridor through the central portion of the city, owned and maintained by
the City. The corridor begins near Brevard Street, where Hopkins Avenue splits from southbound U.S.
Highway 1, and continues until the corridor terminates at the intersection with Cheney Highway (State
Road 50). The roadway is comprised of two lanes with right-of-way widths varying between approximately
45 and 65 feet. The portion of the corridor between Jackson Street and Cheney Highway is 2-lane
undivided road with two-way left turn lane. Street intersection densities are low north of Jackson Street,
and relatively high south of Jackson Street. Pedestrian facilities north of Jackson Street are in place in
the form of a sidewalk on the east side of the corridor, with sidewalks in place alon g both sides of the
corridor south of Jackson Street. The east side of Hopkins Avenue is intersected by a semi-regular
street grid to the west with blocks approximately 200 feet in length interspersed with larger parcels
approximately 1,250 feet in length, which interrupt the street grid. The exception to this pattern is on the
west side of Titusville High School, where the block exceeds 2,000 feet in length. Development patterns
along the corridor include a mix of aging commercial properties, commercial redevelopment projects,
garden-style multifamily projects, and some single-family residences. The west side of Hopkins Avenue
contains many properties developed with light industrial uses and the Titus Landing retail center. The
image below is illustrative of this roadway segment:
- 18 -
Local Roads
Local roads provide access from neighborhoods to collector or arterial roadways. These roadways are
designed to include two lanes of vehicular traffic, and accommodate on-street parking. The standard
pavement width is typically 24 feet from back-of-curb to back-of-curb. Traffic volume is typically low, and
when sidewalks are present, offer a relatively high level of pedestrian comfort. Local roads also offer
opportunities for commercial businesses fronting on collector or arterial roadways to allow parking behind
the commercial buildings and access vehicular parking from the adjacent local road.
- 19 -
B. titusvilletomorrow
The titusvilletomorrow visioning work was based
on an extensive public outreach program that
included three public evening meetings held at City
Hall. The City staff initiated these meetings by
engaging interested parties and stakeholders
through branding, social media, email, electronic
newsletters, and announcements at the City’s
various Board and Commission meetings.
- 20 -
C. Growth Trends
The City’s historic growth rate is 1.0% and is estimated to increase for the 20-year planning horizon. The
medium population rate projected by the Florida Bureau of Economic and Business Research (BEBR) for
Brevard County is 1.57%. The 2018 BEBR population estimate is 47,456. The estimated population at the
end of the planning period is 66,412 (2040).
90,000
80,000
70,000
60,000
50,000
40,000
30,000
2015 2020 2025 2030 2035 2040 2045
The Titusville area is currently experiencing significant economic development gains, including investments
by internationally known companies including OneWeb Satellites, Lockheed Martin, Embraer, SpaceX and
Blue Origin. Titusville also has a diverse, expanding business community that includes Titusville Logistics
Center, Renzetti’s manufacturing, Hell’s Bay Boat Works, Titus Landing, Boeing, and Falcon Marine, as
well as advanced manufacturers, healthcare providers and unique service-sector firms. Spaceport
Commerce Park and the Space Coast Regional Airport offer opportunities for growth and development.
Economic development efforts are supported by strong partnerships, including the North Brevard Economic
Development Zone, Space Florida, EDC of Florida’s Space Coast, Titusville CRA, Titusville Area Chamber
of Commerce, Greater Titusville Renaissance, CareerSource Brevard, Eastern Florida State College, U.S.
Small Business Administration, WeVentures, Space Coast Regional Airport, Port Canaveral and Kennedy
Space Center (Economic Development Strategic Plan, 2017).
There is approximately 14.7 million square feet of non-residential type built uses throughout Titusville. The
majority of these uses are located on the arterial commercial corridors and collector nodes. The existing
Euclidian type commercial land use categories on these corridors exclude residential uses, only permitting
retail/office development rather than allowing or incentivizing mixed-use development. These exclusionary
land use categories exacerbate urban sprawl by relegating residential development to off-site areas,
thereby undercutting the density needed to support the retail. Previously, the comprehensive plan may
have permitted more retail space than the local economy can absorb, contributing to underutilized
properties and tenant turnover. In addition, current zoning practice mandates parking, building setback, and
other features that make it impractical for customers to reach stores except by car. The 2040 Plan
encourages the intermingling of residences and stores, including pedestrian-oriented, well-designed
structures, such as small stores, through proper zoning that serve neighborhoods in addition to regional
needs. The goals and objectives of this plan allows for greater redevelopment flexibility through appropriate
mix of uses and design standards.
- 21 -
III. Places
Understanding the areas in which we live, play, and move.
Building a vibrant, human-scale environment requires the collective vision of the people that make the City
of Titusville function, utilizing the wisdom and knowledge of those who want what is best for future
generations, while understanding the lessons from the past. Creating this environment will preserve what
has been built and create vibrant neighborhoods, safe streets and structures, which will be appreciated far
into the future. To achieve these ideals, Titusville’s collective energy should be focused appropriately to
define what will be a lasting legacy. Titusville cares about rich diversity; peaceful neighborhoods connected
by community values, and a vibrant downtown combined with the economic vitality of being the epicenter
of Florida’s Space Coast.
The City has many facets that make life unique and inspiring. A key component of our Places is the
relationship between land use and mobility. Understanding and strategically managing this ongoing
relationship between land use and mobility is critical to achieving the goals of the titusvilletomorrow vision
and of this Comprehensive Plan. The importance of the relationship between land use and mobility
advocates that land-use and mobility decisions be made in conjunction with each other. In order to provide
for a variety of land use choices there must be adequate infrastructure to serve the growing needs of our
community.
The provision for proper stormwater management, clean and safe wate r resources, and adequate facilities
to accommodate solid waste and wastewater must be planned to ensure that the Places function well. The
quality of infrastructure systems – including mobility, utilities, and telecommunications is an important factor
influencing real estate investment and development decisions in communities nationwide. In preparation
for the future, the City must be prepared to address long-term operations and maintenance of infrastructure
and integrating these issues into the decision making process of growth management.
This Comprehensive Plan provides a flexible framework that can be updated, revised and improved upon
over the years to stay relevant to the issues our community must address. This Plan should serve as a tool
to evaluate new development requests, direct capital improvement expenditures, and provide guidance in
public policy in a way that ensures that Titusville grows to be the community that citizens desire it to become.
This portion of the Comprehensive Plan provides the framework for community building. The goals,
objectives, policies and strategies will create the “Places” in which our community can thrive and grow as
part of the central Florida region and a major player for Florida’s Space Coast. The components contained
in the portion of this Plan are the building blocks that help define the Places that create Titusville. Each of
these sections provides the context of the challenges that the City is likely to face in the next 20 years and
how to address those challenges within the structure of local government.
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CD Objective 1.1: The City shall capitalize on the dynamic regional economic forces in the Space Coast
to attract residents and employers.
CD Policy 1.1.1: The City shall coordinate with state and regional economic development
agencies to attract and retain employers and talent in the form of qualified employees.
CD Policy 1.1.2: A cohesive community image that is attractive to potential employers and
residents should be developed.
CD Policy 1.1.3: Mixed-use gathering places that are attractive to potential employees and
residents are strongly encouraged to be included as property is developed and redeveloped.
CD Policy 1.1.4: The City should develop a sustainable tourism economy based on the City’s
natural, ecological, cultural, and scientific resources, and support, where feasible, the Tourism
Development Council and Titusville Area Chamber of Commerce in the continued advertisement
and programs that further sustainable tourism.
CD Objective 1.2: The City shall retain and build on the comfortable scale of the City with place-based
design reflecting the small-town character residents appreciate.
CD Policy 1.2.1: The preservation of historic buildings with architectural value or historic
significance is strongly encouraged.
CD Policy 1.2.2: Require that pedestrian -oriented design features be incorporated into new and
renovated buildings such as building entrances located close to the public sidewalk and the
inclusion of pedestrian-scale architectural features.
CD Policy 1.2.3: Landscape and streetscape standards should encourage walking by providing
shade and a visually appealing sidewalk experience.
CD Policy 1.2.4: Publicly accessible civic and open spaces should be available to residents and
visitors for passive and active recreation.
CD Policy 1.2.5: Urban design and landscaping strategies should be used to create transitions
between zones of different intensity.
CD Objective 1.3: The City shall enable redevelopment of property to create new opportunities for
residents and small businesses, discourage urban sprawl, and maximize the return on investments in
infrastructure.
CD Policy 1.3.1: Redevelopment of underutilized sites into compatible and complementary mixed-
use developments shall be encouraged through supportive LDRs and other incentives.
CD Policy 1.3.2: Funding mechanisms to assist in the redevelopment of property should be
identified, and infrastructure sufficient to support redevelopment in target areas should be provided.
CD Policy 1.3.3: Vertical and horizontal mixed-use development at appropriate locations within
the City are strongly encouraged.
CD Policy 1.3.4: Safe, efficient travel between destinations in the City by walking, bicycle, transit,
and automobile shall be encouraged and considered when making infrastructure improvements.
CD Policy 1.3.5: Transportation connectivity within and between development sites to provide
multiple access points for emergency management, to disperse vehicular traffic, and to facilitate
multiple modes of transportation, should be included with new development and redevelopment.
CD Policy 1.3.7: The City may vacate street right-of-way on streets if it facilitates and creates an
enhanced public realm and enables an approved redevelopment plan and is consistent with MT
Policy 1.6.2.
CD Policy 1.3.8: Public infrastructure investment that supports infill and redevelopment should be
prioritized in a cost effective manner and consistent with the City objectives and capital
improvement planning associated with public facilities.
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CD Objective 1.4: The City shall encourage the redevelopment and adaptive reuse of commercial, office
and residential properties along transportation corridors in the City that are aging and/or underutilized.
CD Policy 1.4.1: The City encourages the efficient use of land through multi-story construction;
creation of efficient parking strategies; and aesthetically appealing buildings.
CD Policy 1.4.2: The City encourages shared stormwater and parking strategies among adjacent
private developments to encourage greater efficiency and aesthetics.
CD Policy 1.4.3: The City encourages commercial redevelopment and reuse of residential
properties for commercial uses to orient development toward intersections to deter dependency on
collector and arterial road frontage.
CD Policy 1.4.4: The City shall provide flexible zoning standards, and options for site development
waivers for redevelopment and reuse of commercial development projects in order to
accommodate a mix of uses and building typologies.
CD Policy 1.4.5: The City shall research, and if appropriate, designate additional areas and/or
properties in the City as “brownfields” to promote redevelopment and reuse.
CD Objective 1.5: The City shall implement measures to reduce greenhouse gas emissions from
development and redevelopment of property.
CD Policy 1.5.1: The City shall reduce greenhouse gas emissions by promoting compact
development and alternative transportation choices such as walking, bicycling, and transit.
CD Policy 1.5.2: The City shall consider environmental impacts and sustainability when designing
and constructing public projects.
CD Policy 1.5.3: The City shall explore obtaining Leadership in Energy and Environmental Design
(LEEDS), or US Green Building Council’s (USGBC) or Florida Green Building Coalition (FGBC)
certification when constructing new City Facilities, including affordable housing funded by the City.
CD Policy 1.5.4: The City shall promote the use of green housing construction, renovation, and
rehabilitation techniques. This includes sustainable building techniques and strategies that reduce
energy consumption, lower utility bills, and decrease maintenance costs.
CD Policy 1.5.5: Promote energy efficient land use patterns through the policies of the Future
Land Use and Mobility sections of this plan including measures such as:
A. Mix of uses;
B. Transit supportive density;
C. Compact growth patterns;
D. Road connectivity and multimodal efficiency;
E. Pedestrian and transit oriented design techniques; and
F. Clustering techniques.
CD Policy 1.5.6: The City will explore the feasibility of developing an incentive program to
encourage the use of renewable energy and promote new housing design to include energy saving
features.
CD Policy 1.5.7: The City shall draft policies to facilitate higher intensities for commercial use in
designated concentrated areas to reduce and mitigate greenhouse gas emissions.
CD Objective 1.6: The siting, operation and monitoring of uses that use or generate hazardous materials
shall ensure that groundwater and surface waters are not contaminated through release of hazardous
materials into the environment.
CD Policy 1.6.1: “Hazardous materials” are those for which notification of the Florida Department
of Environmental Protection is required by CH. 62-730, F.A.C.
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CD Objective 1.8: Public infrastructure and service needs shall be provided in a manner which protects
investments in existing facilities and promotes orderly compact urban growth.
CD Policy 1.8.1: Level of service standards shall be maintained for multimodal transportation,
recreation, stormwater management, sanitary sewer, solid waste, and potable water facilities and
services to meet existing and projected demands identified in this plan through public and private
investment.
CD Policy 1.8.2: Procedures to ensure that, at the time a development permit issued, adequate
facility capacity is available or will be available when needed to serve the development and/or
accommodate the needs of new growth shall be implemented.
CD Policy 1.8.3: A maintenance program with cost analysis to ensure that major facilities that are
constructed or accepted by the City are inspected and receive regular required maintenance be
developed and implemented.
CD Policy 1.8.4: The use of common corridors for utilities shall be encouraged.
CD Policy 1.8.5: The City’s LDRs shall provide for adequate stormwater management to afford
protection from flooding and to prevent degradation of quality of receiving waters, and the protection
of natural drainage features.
CD Policy 1.8.6: New development, redevelopment, and investment in public facilities, utilities,
and infrastructure shall be managed and regulated to reduce flood risk, including in the coastal
storm area as defined in Coastal Management (CM) Goal 4.
CD Objective 1.9: The City will manage a concurrency management system to evaluate the impact of the
development on the level of services of the public facilities such as potable water, sanitary sewer, solid
waste, drainage, transportation, and parks and recreation. Development orders shall be issued only if
public facilities necessary to meet level of service standards (which are adopted as part of the Capital
Improvements Elements of the plan) are available concurrent with the impacts of the development.
CD Policy 1.9.1: New development, which is not contiguous to City services, shall occur in an
orderly and economical manner, with those areas having the greatest combined complement of
existing or planned urban public facilities and services being identified for higher intensity
development. New development shall be staged from urbanization in a contiguous manner that
minimizes additional public investments.
CD Policy 1.9.2: Prior to the approval of a building permit or functional equivalent the City of
Titusville shall consult with the applicable water supplier to determine whether adequate water
supplies to serve new development will be available.
CD Policy 1.3.3: Expansions of the urban service areas shall be reflected in and coordinated with
the City’s capital improvement program.
CD Objective 1.10: To protect existing neighborhoods, accommodate growth incrementally, and foster
redevelopment and infill projects at appropriate scale and density, the City establishes the maximum
allowable densities in the Neighborhood (N) land use category and sub-categories Residential One (RES-
1), Residential Two (RES-2), Low Density Residential (LDR), Medium Density Residential (MDR) and High
Density Residential (HDR). The purpose of this map is to prescribe maximum allowable densities within
neighborhoods in coordination with the Neighborhood (N) plan category on the 2040 Future Land Use Map,
as these plan categories establish placemaking standards, allowable development typologies, and overall
maximum densities within each plan category.
CD Policy 1.10.1: Within the Neighborhood (N) land use plan category, the densities established
by the Allowable Density Map shall be used to establish the baseline of maximum allowable
densities.
CD Policy 1.10.2: As Comprehensive Plan Amendments are requested on properties, the
maximum density of the requested plan category shall apply if the Comprehensive Plan
Amendment is approved, unless otherwise specified through the amendment process. Through
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the Comprehensive Plan Amendment process, an applicant may choose to keep the current
allowable density, as established by the Allowable Density Map, or request the maximum density
allowed by the requested plan category. For example, a change to the Neighborhood (N) plan
category may be granted up to the maximum of fifteen (15) dwelling units per acre allowable within
the plan category, or may be limited to the maximum allowable density established by the Allowable
Density Map through approval of the Comprehensive Plan Amendment.
CD Policy 1.10.3: The maximum allowable density on a property shall be as established by
Allowable Density Map. Amendments to the Neighborhood (N) plan category may exceed the
maximum allowable density of fifteen (15) dwelling units per acre, or a specific density number that
is compatible and provides opportunity for transitioning to surrounding densities and land use plan
categories
CD Policy 1.10.4: Amendments to the densities in the Neighborhood (N) land use category as
established by the Allowable Density Map shall be considered Comprehensive Plan Amendments
and processed pursuant to Chapter 163 – Florida Statutes.
CD Objective 1.11: The City shall develop Small Area Plans, Community and Neighborhood Plans, and
Corridor and Special Area Studies to address special and unique characteristics of the areas under study;
and examine the issues and problems facing the areas; and provide strategies for solutions.
CD Policy 1.11.1: Plans and studies shall be a guideline when land use and development review
decisions are made.
CD Policy 1.11.2: The plans and studies shall extend and refine the Comprehensive Plan by
serving as the analysis to amend the Comprehensive Plan to incorporate appropriate sections of
the plan or study as needed; recommend development regulation strategies to address unique
development issues in the area, and include a capital improvements component to address future
infrastructure needs.
CD Policy 1.11.3: Plans and studies will be adopted as part of the City’s Comprehensive Plan.
The following plans and studies are adopted by reference.
A. Riveredge Drive Small Area Plan
B. South Street Small Area Plan
C. Park and Dixie Small Area Plan
D. Indian River City Neighborhood Small Area Plan
CD Policy 1.11.4: Mixed use in the US 1 Corridor Master Plan study area is encouraged with the
following principles, as approved by City Council, in the plan on August, 22, 2006:
Strengthen the neighborhood character as a foundation for attracting new investment in owner
occupied residential development.
Establish an interconnected pedestrian circulation system linking the waterfront parks,
neighborhoods and mall sites.
Develop a mixed use tourist node that enhances public access to the waterfront while recognizing
the importance of the Indian River Lagoon as an environmental asset in the south end of the study
area.
Address stormwater runoff issues in the immediate surrounding areas as well as for the on -site
development.
Encourage a mix of uses including but not limited to high density residential, retail, and public realm
areas (pavilions, amphitheaters, and similar open gathering areas) that contain urban elements of
increased density, intensity and height.
The City of Titusville shall provide for the preservation and revitalization of the established
residential and commercial neighborhoods of the US 1 Corridor Study Area as identified in the US
1 Corridor Master Plan.
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2. Downtown (DT)
DT GOAL 1: Downtown should have a memorable identity; foster a great variety of activities; and attract
a critical mass of people to live, work, visit, and enjoy.
DT Objective 1.1: The City shall encourage development and redevelopment in Downtown that allows a
large variety of uses to support and encourage increases in the residential population.
DT Policy 1.1.1: Design standards and allowable building heights should be compatible with a
comfortable pedestrian scale and provide transitions to surrounding neighborhoods.
DT Policy 1.1.2: Preservation and adaptive re-use of historic buildings that contribute to the
architectural character of Downtown shall be encouraged.
DT Policy 1.1.3: The use of public art within Downtown shall be encouraged.
DT Policy 1.1.4: Ground-floor uses that promote active street life including, but not limited to,
retail, restaurants, galleries, civic uses, and sidewalk sales and dining shall be encouraged.
DT Policy 1.1.5: Increased residential densities and employment uses to support a vibrant, active
downtown, 18 hours a day shall be encouraged.
DT Objective 1.2: The City shall encourage a substantial and diverse residential population downtown by
providing a mix of housing options to serve a wide range of household types and incomes.
DT Policy 1.2.1: A balance of rental and owner-occupied housing is encouraged.
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DT Policy 1.2.2: A variety of housing typologies including a broad range of prices and sizes of
units should be permitted and encouraged.
DT Policy 1.2.3: Family-friendly facilities downtown such as playgrounds and daycare facilities
are encouraged to be provided.
DT Policy 1.2.4: Various public housing providers, including the Titusville Housing Authority and
other private nonprofit groups, should be coordinated with to provide for a balance of subsidized
and market rate housing in the long-term.
DT Policy 1.2.5: Subsidized housing shall be consistent in style and character with existing
housing and/or market-rate development.
DT Policy 1.2.6: Programs that assist long-term residents in downtown-adjacent neighborhoods
in becoming homeowners should be implemented.
DT Policy 1.2.7: Programs that assist low-income homeowners in improving their properties to
contribute to an improving downtown should be implemented.
DT Policy 1.2.8: Mixed-income developments that incorporate subsidized units with market-rate
units should be encouraged and incentivized.
DT GOAL 2: To create a pedestrian friendly environment in the downtown core and secondary area that
prioritizes pedestrians and bicyclists, while accommodating the automobile.
DT Objective 2.1: The City shall prioritize pedestrian and bicycle circulation to support a high level of non-
motorized activity in the downtown area.
DT Policy 2.1.1: Street design shall be place-based and contribute to non-motorized and
pedestrian activity in downtown.
DT Policy 2.1.2: Motor vehicle traffic should be calmed to a speed that complements a safe and
comfortable pedestrian and bicycle precinct.
DT Policy 2.1.3: Downtown should encouraged shaded walkways, sidewalks and plazas to allow
pedestrians to comfortably navigate downtown.
DT Policy 2.1.4: Buildings shall be sited and oriented to prioritize pedestrian access.
DT Policy 2.1.5: Bikeways providing access to various destinations in Downtown should be
appropriate for riders of various ages and abilities, and connect to existing and proposed trail
networks.
DT Policy 2.1.6: Solutions that reduce demand for surface parking shall be implemented including
shared parking, connectivity, transportation demand management, and “park once” strategies.
DT Policy 2.1.7: Parking arrangements should be flexible, and long-term planning should
anticipate a reduced need for parking as development patterns increase non -automobile trips, and
as autonomous vehicles and ride-sharing services become more prevalent.
DT Policy 2.1.8: Motor vehicle access should be well organized and consolidated to the greatest
extent possible, including the provision of cross-access, where practical, and the identification of
drop-off and pick up areas for transit, ride-sharing, and autonomous vehicles.
DT Policy 2.1.9: To advance connectivity as new blocks are created, a maximum block length of
400 feet is encouraged in the Downtown core and secondary area.
DT Policy 2.1.10: To maintain connectivity the street network shall be comprised of a system of
interconnected and direct routes with a connectivity index of 50 or more polygons per square mile .
Downtown (DT) Strategies:
DT Strategy 1: Create a Downtown Transportation Master Plan to include:
A. Bicycle and Pedestrian connections.
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B. Traffic-calming for the U.S. Highway 1 one-way pair comprised of Hopkins Avenue and
Washington Avenue, between Garden Street and South Street, in coordination with FDOT.
C. A strategy to capitalize on regional trail access by extending connections throughout the
Downtown area.
DT Strategy 2: Update the Community Redevelopment Agency Master Plan, specifically
evaluating the following with a focus on the twenty (25) block downtown core and surrounding area
to promote an effective revitalization program that addresses:
A. Open spaces, cultural resources, and civic venues.
B. Incentives to facilitate redevelopment.
C. Building heights and massing.
D. Parking and circulation.
E. Strategies to protect historic resources.
F. A strategic housing redevelopment approach.
G. Strategic acquisition of sites to ensure affordable housing options remain available in the long-
term as property values increase.
H. Engagement of downtown property owners and businesses to identify the types of incentives
that will be most helpful.
I. Identification of “brownfields” and funding sources for remediation, if needed.
J. Strategy to work with partner organizations including the CRA to implement the plan.
DT Strategy 3: Analyze the feasibility of a master stormwater planning in the downtown.
DT Strategy 4: Develop a Form-Based Code for downtown that addresses:
A. Submission and approval procedures.
B. Landscape design guidelines.
C. A regulating plan to illustrate build-to and maximum setback lines.
D. Reduction of barriers to residential investment.
DT Strategy 5: Create a Downtown Master Landscape Plan for public parks and open space to
guide the development of private and public civic spaces and parks.
DT Strategy 6: Promote a mural program and encourage property owners and artists to
collaborate.
DT Strategy 7: Develop or partner in the development of an initial demonstration project for
downtown neighborhood revitalization.
DT Strategy 8: Apply the Community Development Block Grant program to assist low and
moderate-income families and improve the neighborhood environment within the eligible area.
DT Strategy 9: Provide an education program, such as homebuyer education and counseling, to
prepare low-income families for homeownership. Provide financial and technical assistance to low
income homebuyers when economically feasible.
DT Strategy 10: Evaluate and amend the existing policies and LDRs that hinder development or
reconstruction of homes or businesses.
3. Waterfront (WF)
WF GOAL 1: Enhance public access, recreational opportunities, environmental quality, and amenities on
the waterfront to create value for the entire City.
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WF Objective 1.1: The City’s waterfront shall support both public and private recreation opportunities while
protecting natural resources.
WF Policy 1.1.1: The City should cooperate with both public and private entities to facilitate the
construction of the East Coast Greenway Trail east of the U.S. Highway 1 corridor.
WF Policy 1.1.2: Gathering and activity centers along the trail should be created to enhance park
locations along the trail.
WF Policy 1.1.3: To activate the parks and other public amenities along the waterfront, explore
options to enable mobile vendors or other temporary concessions to provide services
complementary to the trail experience including rentals for non-motorized water-related activities,
provision of food and drink, or outdoor dining opportunities.
WF Policy 1.1.4: Existing water access ways, and view corridors such as to the Indian River
Lagoon, should be preserved through development controls and acquisitions where feasible.
WF Policy 1.1.5: Marinas shall be located in areas where maximum physical advantage exists;
where the least dredging and maintenance is required; and where adequate resources will not be
adversely affected. Expansion of existing marina facilities, where environmentally feasible, rather
than construction of new facilities, shall be encouraged.
WF Policy 1.1.6: Marina facilities shall not degrade water quality in the estuaries of the region per
State and Federal Regulations.
WF Policy 1.1.7: Priority shall be given to water-dependent uses along the shoreline in those
areas considered appropriate for such uses.
WF Objective 1.2: Waterfront access and recreation should be supported by complementary businesses
and nearby neighborhoods and development areas should be enhanced by access to waterfront amenities
and views.
WF Policy 1.2.1: Recreation-oriented venues, activities, and businesses along the waterfront are
encouraged.
WF Policy 1.2.2: Work with property owners to secure land or easements to support the
development of a continuous multi-use trail east of U.S. Highway 1.
WF Policy 1.2.3: Moderately scaled mixed-use development in the U.S. Highway 1 corridor that
benefits from proximity to the waterfront is encouraged.
WF Policy 1.2.4: Submerged lands within the Indian River Lagoon shall only be utilized for water
related development (i.e., marinas, docks, boat ramps, etc.) and only after review and permitting
by the appropriate State and/or Federal regulatory agency(s). Submerged lands within the Indian
River Lagoon shall not be utilized for any land use density or intensity. Development rights may
not be transferred from these submerged lands to uplands.
WF Policy 1.2.5: The City shall work with property owners, not-for-profit groups, and other
interested parties to protect existing access points. Securing additional access points to the Indian
River Lagoon and other recreational waterbodies should be pursued, where feasible.
WF Objective 1.3: Public and visual access to the Indian River Lagoon shall be protected and
maintained.
WF Policy 1.3.1: Dedication of easements for public access shall be encouraged and planned for
from developments proposed along the Indian River Lagoon shoreline. Thes e easements are to
be located on the uplands running horizontally along the shoreline. The easement can be utilized
in the calculation of the mean annual flood line setback requirement. The vacation of such
easements shall be strongly discouraged unless a suitable alternative can be provided.
WF Policy 1.3.2: The City shall encourage developments along the river to set aside areas for
public access to the river from inland.
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WF Policy 1.3.3: The City shall encourage developments along the river to maintain public access
to water views.
WF Objective 1.4: The waterfront shall have an integrated transportation system that ensures waterfront
amenities are accessible to Titusville residents and visitors.
WF Policy 1.4.1 Safe access across U.S. 1 shall be provided for pedestrians and bicyclists to
provide residents access to the waterfront amenities and the trail network, in coordination with the
FDOT.
WF Policy 1.4.2: Parking should be part of an overall integrated roadway and transportation plan
to accommodate residents and visitors to the waterfront for recreation and for viewing space launch
events.
WF Objective 1.5: Support a diversity of housing opportunities along the waterfront and within adjacent
neighborhoods.
WF Policy 1.5.1: Opportunities for high value residential housing at a scale appropriate to the city
are encouraged to capitalize on proximity to the waterfront.
WF Policy 1.5.2: New residential development shall provide appropriate transitions in height to
existing residential neighborhoods.
WF Policy 1.5.3: Mixed-use and residential development is encouraged on vacant and under-
utilized properties along the U.S. Highway 1 corridor.
WF Policy 1.5.4: A variety of small-scale residential typologies are encouraged as infill within
existing residential areas to accommodate residents of varying income levels.
WF Objective 1.6: Coastal resources should be preserved, restored, and enhanced to maximize public
use and assure their future ecological benefit.
WF Policy 1.6.1: To maintain and upgrade the quality of the Indian River Lagoon and other lakes
and rivers at the Class II water quality standards as set by the State of Florida, erosion and
sedimentation control and nutrient reduction practices shall be employed for all urban development
and agricultural activities where needed to protect natural waterbodies, water courses, and
wetlands from siltation and nutrient pollution.
WF Policy 1.6.2: In order to prevent shoreline erosion, filter out nutrients, provide reasonable
access, and provide wildlife habitat, the removal of native emergent vegetation in the littoral zone
of a waterbody shall be prohibited unless an overriding public benefit can be shown.
WF Policy 1.6.3: The balancing of inflows of fresh water into the estuaries of the region (which
protect, maintain and enhance the ecological health of living marine resources) shall be
incorporated as a high priority and any management activity within the coastal zone.
Waterfront (WF) Strategies:
WF Strategy 1: Develop a waterfront trail master plan and feasibility study to implement the East
Coast Greenway Trail within the City of Titusville that considers:
A. A continuous 6-mile long waterfront trail that starts at Nasa Causeway (State Road 405) and
runs along the Indian River to the Downtown.
B. A phased approach to implementing the first 1.5 miles of the trail construction as described in
the titusvilletomorrow Vision Plan.
C. Joint use with FDOT of the U.S. Highway #1 public right-of-way for the trail where off-road
facilities are not feasible.
D. Public parking to support the trail Master Plan.
E. Public/private partnership opportunities.
F. Complementary uses and vendors at public and private sites along the trail.
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G. A detailed land availability inventory of potential land for the trail and supporting sites for public
parking and public/private venues, such as parks, boat docks, waterfront restaurant sites.
H. Private sector partners that can contribute to Waterfront Trail expansion and negotiate
development or easement agreements.
I. Funding mechanisms to acquire land for public use.
WF Strategy 2: Consider updating the Waterfront Master Plan, which should consider.
A. Trail connections to downtown and other activity centers.
B. The highest and best land uses within the Waterfront District that are compatible with the
character of the City of Titusville.
C. New activity centers within the Waterfront District.
WF Strategy 3: Seek grant funding, including the Florida Inland and Navigation District for
additional commercial waterway access to the Indian River Lagoon.
WF Strategy 4: The City will evaluate best practices to eliminate untreated discharge from major
outfalls.
4. Gateways (GW)
GW GOAL 1: The City’s major roadways shall be treated as Gateways critical to the City’s image with the
opportunity to accommodate a wide variety of land uses due to their accessibility by a variety of
transportation options.
GW Objective 1.1: Gateway corridors shall accommodate a wide variety and intensity of land uses within
a framework that enhances the visual identity of the corridors to create a favorable impression for visitors.
GW Policy 1.1.1: As the first impression that many visitors will have of the City, properties and
public improvements along the Gateway corridors should have a consistent and attractive
appearance.
GW Policy 1.1.2: Redevelopment shall be encouraged along Gateway corridors that have the
opportunity for horizontal and vertical mixed-use development, specifically Garden Street (State
Road 406), South Street (State Road 405), Columbia Boulevard (State Road 405) Cheney Highway
(State Road 50), and Washington Avenue (U.S. Highway #1).
GW Policy 1.1.3: Landscape standards shall maintain and enhance a positive visual identity for
the Gateway corridors.
GW Policy 1.1.4: Urban design standards shall provide for an attractive environment that balances
auto-oriented and pedestrian-oriented design features.
GW Policy 1.1.5: The City will encourage future development within Gateway corridors to be
composed primarily of commercial, mixed-use, and multi-family development.
GW Policy 1.1.6: Higher intensity development along corridors shall protect and transition to
existing single-family neighborhoods, where present, in an orderly fashion.
GW Objective 1.2: The Gateway corridors shall provide for long distance motor vehicle movement along
major roads while providing safe, multimodal access to uses and activity centers.
GW Policy 1.2.1: Operational improvements that maintain or improve traffic flow along major
roadways shall be identified and implemented in coordination with the FDOT and Brevard County
for those roads not owned by the City.
GW Policy 1.2.2: Safe crossings for people walking and biking shall be provided at regular
intervals, where development is located on both sides of a roadway, in coordination with the FDOT
and Brevard County for those roads not owned by the City.
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GW Policy 1.2.3: Access to development areas from Gateway roads should be consolidated
where feasible, including using streets where existing intersections are frequent, in order to limit
the number of access points on major roadways that create sidewalk and bikeway conflicts.
GW Policy 1.2.4: New development should provide cross-access to parcels and minor streets to
mitigate the impact of new development on traffic operations of the major road, where feasible.
GW Policy 1.2.5: Shared parking and design strategies should be encouraged in order to minimize
the visual and environmental impacts of surface parking lots such as parking relegated to the
interior blocks screened from streets by buildings or landscaping.
GW Policy 1.2.6: Access management shall be consistent with Mobility (MT) Objective 2.2.
GW Policy 1.2.7: Sidewalks on both sides of the right-of-way should be a minimum 5-foot
unobstructed walkway (8 feet preferred), street trees, and a minimum 5-foot tree lawn.
GW Objective 1.3: The City shall encourage the development of higher density housing in appropriate
locations along gateway corridors and shall protect and transition from single family neighborhoods, where
present.
GW Policy 1.3.1: The infill development of multifamily housing on underutilized or vacant parcels
along corridors should be encouraged, where appropriate.
GW Policy 1.3.2: The development of affordable housing in locations with access to public transit
should be encouraged.
GW Objective 1.4: The City should conduct corridor studies and adopt plans to address specific corridors
throughout the city, and provide guidance for redevelopment and new development.
Policy 1.4.1: The U.S. 1 Corridor Master Plan shall be used as a guide when establishing
regulations for redevelopment and new development along the U.S. 1 corridor.
Policy 1.4.2: The Titusville Waterfront Design Master Plan shall be used as a guide when
establishing regulations for development or completing improvements along the waterfront. The
Plan should be updated when feasible.
GW Objective 1.5: The City should conduct corridor studies and adopt plans to address specific corridors
throughout the city, and provide guidance for redevelopment and new development.
Policy 1.4.1: The U.S. 1 Corridor Master Plan shall be used as a guide when establishing
regulations for redevelopment and new development along the U.S. 1 corridor.
Policy 1.4.2: The Titusville Waterfront Design Master Plan shall be used as a guide when
establishing regulations for development or completing improvements along the waterfront. The
Plan should be updated when feasible.
Policy 1.4.3: In the Gateway Corridor (GC) land use new heavy industrial districts should be
discouraged and light Industrial development shall be encouraged to be master planned to share
infrastructure. Commented [PB1]: Shall was changed to should.
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GW Strategy 2: Develop or update applicable Master Plans to guide public improvements in the
corridors which should address:
A. Coordination of the Gateway entrances and public signage throughout the City in a way that
supports the City’s branding and guides residents and visitors to activity centers.
B. Amendments to the Future Land Use Plan to permit both horizontal and vertical mixed -use
development along the Gateway corridors.
C. Efficient sequencing of traffic lights to facilitate an orderly flow of vehicles.
D. Suitability of underutilized commercial parcels for multi-family residential or mixed use.
E. Feasibility of moving utilities underground in the Gateway corridors.
F. Coordination with the SCTPO and FDOT to improve the aesthetics, safety, and accessibility of
the City’s gateway corridors.
G. Provision of bus shelters at high use transit stops.
H. Identify strategies for shared private stormwater facilities to make redevelopment more
feasible.
GW Strategy 3: Develop and/or update corridor studies and small area plans as needed to define
and enhance the unique character of specific areas within the Gateway corridors.
5. Neighborhoods (NH)
NH GOAL 1: The City shall have vibrant neighborhoods that accommodate a variety of housing types
and provide for everyday needs within walking distance.
NH Objective 1.1: The City shall encourage a broad range of diverse housing types throughout the City.
NH Policy 1.1.1: Most residents should be within walking distance of everyday destinations such
as parks, playgrounds, and neighborhood retail establishments to reduce vehicular trips and
promote walking and bicycling.
NH Policy 1.1.2: Neighborhoods should include a range of housing opportunities including
typologies and price-points.
NH Policy 1.1.3: Neighborhood Centers should be established which provide for neighborhood
retail and small multi-family buildings such as a four unit residential structure of appropriate scale.
NH Policy 1.1.4: Preservation of historically significant housing for continued residential uses or
adaptive reuse should be promoted.
NH Policy 1.1.5: LDRs should be reviewed periodically to ensure consistency with market
conditions.
NH Objective 1.2: Safety and local multimodal mobility shall be prioritized within neighborhoods.
NH Policy 1.2.1: Transportation measures that reduce the travel speed of motor vehicles to
increase safety for residents of all ages on residential streets shall be prioritized.
NH Policy 1.2.2: Pedestrian infrastructure within and between neighborhoods should be built and
maintained to provide access to neighbors and local destinations.
NH Policy 1.2.3: Neighborhoods should have a high-quality streetscape including trees to support
property values; provide shade for pedestrians; and decrease energy use.
NH Policy 1.2.4: Residents should have transportation options within their neighborhood as well
as access to destinations outside their neighborhood by motor vehicle, walking, biking, and public
transit when feasible.
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NH Policy 1.2.5: Parking and loading areas associated with non-residential uses shall be screened
from single-family residential uses, such as parking relegated to the interior blocks and/or screened
from streets by buildings or landscaping.
NH Policy 1.2.6: Where opportunities exist, neighborhoods shall be linked with multi-use paths by
utilizing drainage or utility easements or rights-of-way to increase pedestrian connectivity.
NH Policy 1.2.7: The local street circulation pattern shall maximize access to individual lots and
activity center destinations (e.g. schools, neighborhood centers, parks) .
NH Policy 1.2.8: The circulation pattern shall discourage speeding traffic in residential areas
through design elements such as jogs, T-intersections, roundabouts, gateway treatment, and traffic
calming techniques (e.g. chicanes, speed tables, raised intersections, on-street parking).
NH Policy 1.2.9: Multifamily development in the Neighborhood (N) land use category should be
located adjacent to at least a collector street.
NH Policy 1.2.10: Consistent with the established character of the area, properties located
adjacent to Rock Pit Road from Tropic Street to South Street may be developed as multifamily. Commented [PB2]: This policy was separated into two
policies. Changed shall to should in the first policy and revised
NH Objective 1.3: New neighborhoods and infill development within existing neighborhoods should include the compatibility statement in the second policy.
a range of housing typologies to accommodate a mix of consumer preferences and demand for housing.
NH Policy 1.3.1: The City encourages opportunities for high quality housing, including planned
communities within the City.
NH Policy 1.3.2: Housing which is historically significant should be identified, evaluated, protected,
and preserved. Historically significant housing includes those houses listed or qualify for listing on
the National Register of Historic Places, the Florida Master Site and Local Historic Designations.
NH Policy 1.3.3: When implementing new LDRs potential impacts on housing affordability should
be considered.
NH Policy 1.3.4: Single-family housing and ownership opportunities within the neighborhoods
should be maintained.
NH Policy 1.3.5: Affordable housing should blend in style and character with market rate-
development.
NH Policy 1.3.6: Opportunities to preserve affordable housing as property values rise within the
City should be identified.
NH Policy 1.3.7: A variety of housing typologies should be permitted within neighborhoods and
planned communities to accommodate a range of household types including accessory dwelling
units, duplexes, townhomes, and quadraplexes.
NH Policy 1.3.8: New infill housing developments should be designed to be compatible in style
and scale with the character of the street on which it is located. New housing developments should
complement and enhance the style and scale of the developments that surround the new housing
development.
NH Policy 1.3.9: The use of green housing construction, renovation, and rehabilitation techniques
for housing, that make housing units affordable over the long term by reducing energy consumption,
lowering utility bills, and decreasing maintenance costs, should be promoted.
NH Policy 1.3.10: The City utilizes the HUD definition of affordable housing, which means housing
affordable to those with incomes at or below: 80% - (low income), 50% - (very low income), and
30% - (extremely low income) of the median income of the metropolitan area, who pay no more
than 30% of their gross income for housing when developing assistance programs and drafting
regulations addressing affordable housing.
Neighborhood (NH) Strategies:
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HP Objective 1.1: The City shall continue to promote the preservation of resources through a commitment
to conduct historic and cultural resource surveys and the continued development of ordinances, guidelines,
and databases.
HP Policy 1.1.1: The City shall encourage districts, sites, landmarks and/or structures that are
included on the National Register of Historic Places to become locally designated to ensure their
protection from demolition, deterioration, reconstruction or alteration.
HP Policy 1.1.2: The City shall maintain and update an inventory of structures, sites and districts
eligible or potentially eligible for listing on the National Register of Historic Places. Where identified,
the City shall contact owners of historic resources and properties eligible or potentially eligible for
listing on the National Register, to encourage nomination of such properties to the National Register
and to the City’s local designation process.
HP Policy 1.1.3: The City shall implement a process for local historic district and/or conservation
district designation and evaluate areas potentially eligible for future local historic or conservation
district designation.
HP Policy 1.1.4: The City shall continue implementation of the historic preservation ordinance and
monitor the ordinance for needed modifications to best protect historic and cultural resources within
the City. The City will continue through its historic preservation ordinance to ensure projects
affecting historic properties, districts or sites within the City follow the Secretary of the Interior’s
Standards.
HP Policy 1.1.5: The City shall continue delegating authority to the Historic Preservation Board
for decisions affecting the historic and cultural resources of the City. The Historic Preservation
Board powers may include, but are not limited to:
A. Making recommendations for historic property designation, historic district designation or
conservation district designation;
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HP Policy 1.2.10: The City shall promote historic and cultural resource protection as an economic
tool in the revitalization of the City and its neighborhoods, and support heritage tourism
opportunities as a form of economic development. The City shall support the efforts of other local
organizations to further heritage tourism opportunities.
HP Policy 1.2.11: The City shall maintain active Certified Local Government status and ensure all
Certified Local Government requirements are met as defined by the State Historic Preservation
Officer.
HP Policy 1.2.12: The City shall encourage public-private partnerships in restoring and revitalizing
the City’s historic districts and historic non-designated neighborhoods.
HP Policy 1.2.13: City Council should consider amending the City’s historic preservation
ordinance to include a demolition by neglect provision, and if adopted, regularly evaluate such
provision to ensure that it is effectively preventing or reducing demolition by neglect of locally
designated properties or properties in a historic district.
HP Objective 1.3: The City shall continue to promote the preservation of historically significant housing
and encourage its utility for residential use.
HP Policy 1.3.1: The City shall continue to identify, evaluate, protect and preserve housing which
is historically significant. Historically significant housing would include those houses listed on the
National Register of Historic Places, the Florida Master Site File, and the Local Historic Register.
HP Objective 1.4: The City should establish programs and policies regarding pre-disaster mitigation and
post- disaster strategies for historic and cultural resources within Titusville.
HP Policy 1.4.1: The City shall ensure that historic and cultural resource protection is addressed
in any mitigation and post-disaster redevelopment planning efforts within the City.
HP Policy 1.4.2: The City shall explore creating procedures for obtaining a Certificate of
Appropriateness related to work around a post-disaster event and include in the preservation
ordinance.
HP Policy 1.4.3: The City shall provide information to property owners regarding disaster and
resiliency planning and protection of historic resources.
HP Objective 1.5: The City shall consider development standards within existing historic districts.
HP Policy 1.5.1: The City shall ensure that new and infill development adjacent to the Downtown
historic district respects and complements the patterns, character, and scale of the historic
resources. In the event future historic districts are created, the City shall also ensure the same for
those districts.
HP Policy 1.5.2: The City shall evaluate the neighborhoods adjacent to the Downtown historic
district, and evaluate strategies for revitalization of existing structures in these neighborhoods in a
manner that is consistent with their original development and compatible with the adjacent historic
district.
HP Policy 1.5.3: The City shall utilize urban design and streetscape plans when seeking to
revitalize neighborhoods, particularly for historic districts, to accomplish the goals of preservation
and sustainable development and to maintain the character of the neighborhood and quality of life.
HP Policy 1.5.4: Street, sidewalk, utility and other improvements undertaken by the City in
designated historic districts shall be consistent, where practical, with the historic character of those
districts.
HP Policy 1.5.5: The City shall encourage placement of underground utilities in historic areas to
protect the aesthetic character of the historic resources. If significant archaeological resources are
present, the resources should be documented by an archaeologist and the impact of the utilities
shall be mitigated per archaeological standards.
HP Objective 1.6: The City shall seek to increase community awareness of historic and cultural resource
preservation.
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HP Policy 1.6.1: The City shall promote historic preservation throughout the community by
providing educational opportunities regarding historic and cultural resource s, including but not
limited to, workshops, publications and media outreach, interpretive kiosks or plaques, staff
outreach, and education.
HP Policy 1.6.2: The City shall support local projects involving walking or bicycling through historic
areas.
HP Policy 1.6.3: The City shall consider programs to further historic preservation awareness, such
as a local preservation awards program and encouraging utilization of historic districts, historic
neighborhoods for cultural activities to enhance awareness and appreciation of the cultural heritage
in the City.
HP Policy 1.6.4: The City shall cooperate with local preservation organizations in identifying
existing and potential local historic preservation issues and in addressing solutions to those issues.
The City shall also cooperate with local preservation organizations in identifying opportunities for
partnering to advance community awareness of historic, cultural, and archaeological resource
preservation in the community.
HP Policy 1.6.5: The City shall when feasible bring training opportunities to Titusville regarding
historic preservation for interested City employees, Board members, historic property owners, and
members of the public.
HP Objective 1.7: The City shall encourage protection and revitalization of non-designated historic
structures and neighborhoods within Titusville.
HP Policy 1.7.1: The City shall utilize historic resource surveys to identify non-designated historic
structures and neighborhoods within the City, and shall evaluate strategies for encouraging
revitalization of these structures and neighborhoods in a manner that is consistent with their original
development, including but not limited to local designation of sites or creation of historic or
neighborhood conservation districts.
HP Policy 1.7.3: The City shall review the existing LDRs for requirements that would prevent a
potentially historic but non-designated structure or neighborhood from retaining the overall scale,
massing, height, area, setbacks, and other elements that contribute to that neighborhood’s
character.
HP Policy 1.7.4: The City will identify areas of concentration of resources which appear to qualify
as historic districts or neighborhoods worthy of protection due to historic or cultural development
characteristics and evaluate designation of such neighborhoods as historic districts or
neighborhood conservation districts. If areas are identified, LDRs shall be established to preserve
and protect these areas from the encroachment of incompatible land uses.
HP Policy 1.7.5: The City shall involve the community and residents of the identified
neighborhoods in planning processes related to identification of their neighborhoods as eligible to
be a historic or neighborhood conservation district.
HP Objective 1.8: The City shall encourage historic preservation as a form of sustainable development,
and recognize the interconnection between historic preservation and sustainable construction strategies.
HP Policy 1.8.1: The City shall review the LDRs for policies that discourage sustainable
development, or use of historic structures, and make recommendations to the City Council
regarding changes or alterations to the LDRs that will assist in prevention of teardowns and
retention of existing structures, including identifying incentives such as tax exemptions, expedited
permitting, or reduced fees, to promote reuse of existing structures.
HP Objective 1.9: The City shall seek to increase intergovernmental coordination regarding historic and
cultural resource preservation.
HP Policy 1.9.1: The City shall coordinate with Brevard County regarding historic and cultural
resources within the City limits, and should the potential arise for County activities to impact these
resources.
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HP Policy 1.9.2: The City shall continue to coordinate with the Brevard County Property Appraiser
regarding notification that certain properties within the City are locally designated or within the
boundaries of a historic district and regarding implementation of ad valorem tax exemptions for
historic properties.
HP Policy 1.9.3: Where possible, the City shall coordinate with state and federal agencies whose
activities may impact historic and cultural resources in the area
Historic Preservation (HP) Strategies
HP Strategy 1: Engage with the public through workshops, lecture series and educational
materials.
HP Strategy 2: Create a grant program utilizing a Historic Preservation Trust Fund, if said trust
fund is implemented.
HP Strategy 3: Establish a local historic district(s) or Neighborhood Conservation district/zoning
overlay.
HP Strategy 4: Adopt architectural design guidelines (Technical Manual) for each district/overlay
based on the historic and cultural resources on the National Register, Local Register and/or
identified in the Florida Master Site File.
HP Strategy 5: Adopt demolition-by-neglect standards.
HP Strategy 6: Enable the Historic Preservation Board the ability to hear variances related to
historic preservation regulations.
HP Strategy 7: Establish corridor standards.
HP Strategy 8: Participate in the Florida Main Street program.
HP Strategy 9: Incorporate historic preservation in the LMS and County Disaster Preparedness
Plan.
HP Strategy 10: The City shall evaluate the need to initiate amendments to the Zoning
regulations to remove any provisions that discourage the reuse and rehabilitation of historic
properties.
7. Employment (EM)
EM GOAL 1: Create an economic environment that supports a variety of business and employment
opportunities accessible to the population that capitalizes on the dynamic economic forces in the Space
Coast to attract high technology, space-based commerce and research.
EM Objective 1.1: Employment opportunities should be available throughout the City at intensities and
scales appropriate to each area of the city.
EM Policy 1.1.1: Compatible, employment opportunities such as small-scale office and retail,
live/work units, and home-based businesses should be incorporated in, or adjacent to,
neighborhoods within walking distance of residents.
EM Policy 1.1.2: Locations appropriate for larger-scale employment centers shall be identified
and designated by the City.
EM Policy 1.1.3: Large-scale employment centers should include uses that service employees
and provide for shared parking opportunities where compatible.
EM Policy 1.1.4: Industrial land use designations shall be clustered in limited areas for the purpose
of maximizing convenient access to labor supply, raw material sources, and market areas, and to
minimize negative impacts to other land uses.
EM Policy 1.1.5: Industrial land use designations and accompanying proposals shall consider
compatibility between industrial and surrounding land uses, including, but not limited to, intensity
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of use, hours of operation, heat, glare, smoke, fumes, noise, visual impacts, privacy factors and
impacts on the micro climate.
EM Policy 1.1.6: Industrial uses and major transportation facilities, including the Space Coast
Regional Airport, shall be protected from encroachment of incompatible land uses through
continued implementation of the Airport Impact Area (AIA) overlay in the City’s LDRs.
EM Policy 1.1.7: New heavy industrial districts should only be permitted in the Research &
Manufacturing land use, be discouraged in the Gateway Corridor and Downtown land uses and
prohibited in all other land use designations. Industrial development shall be encouraged to be Commented [PB3]: Shall was changed to should.
master planned to share infrastructure. Industrial districts shall have direct access to major
transportation facilities, including state and federal highways and airports.
EM Objective 1.2: Planning for employment areas should take into account the need for multimodal access
to employment opportunities and the necessity for truck or rail access for employment uses that rely on
freight.
EM Policy 1.2.1: Large-scale employment centers should be accessible via major transportation
corridors.
EM Policy 1.2.2: Where feasible, major employment uses should be accessible by public transit,
bicycle, and walking to increase the accessibility of employment opportunities to the City’s
population.
EM Policy 1.2.3: Sites for industrial or warehouse development shall be located with convenient
access to the major transportation corridors and facilities, including highways, air, water, or rail
transportation facilities.
EM Objective 1.3: Uses shall be designed and sited to minimize impacts on water quality.
EM Policy 1.3.1: The siting, operation and monitoring of uses which use or generate hazardous
materials shall be discouraged along the waterfront. Those uses that handle hazardous materials
shall ensure that groundwater and surface waters are not contaminated through release of
hazardous materials into the environment. The following definitions apply in the implementation of
this policy:
A. “Hazardous materials” are those for which notification of the Florida Department of
Environmental Protection is required by CH. 62-730, F.A.C.
B. Surface water or groundwater contamination is defined as an increase in the concentration of
any hazardous material in excess of the limits imposed by CH. 62-730, F.A.C.
Employment (EM) Strategies:
EM Strategy 1: Develop strategies to attract technology-based industries which may include:
A. Partnering with a technology oriented educational institution;
B. Identifying and marketing land suitable for large, technology-based employers.
EM Strategy 2: Amend the City’s LDRs to allow for Live/Work units in compatible zones.
EM Strategy 3: Explore the potential of extending the multimodal trail to serve the Research and
Manufacturing land use plan category, as applied throughout the City.
EM Strategy 4: Evaluate the Airport Impact Overlay District, applicable to the Space Coast
Regional Airport and Arthur Dunn Air Park, which establish regulations to protect facilities from the
encroachment of incompatible land uses and make changes, where necessary, in cooperation with
the Aviation Authority.
EM Strategy 5: Review and propose amendments to the Hazardous Materials Technical Manual
as needed.
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CM Objective 1.1: To maintain the quality of the Indian River Lagoon and other lakes and rivers at the
water quality standard as set by the State of Florida.
CM Policy 1.1.1: Erosion and sedimentation control and nutrient reduction practices specified in
EN Policy 1.6.2 shall be employed for all urban development and agricultural activities where
needed to protect natural waterbodies, watercourses, and wetlands from siltation and nutrient
pollution.
CM Policy 1.1.2: The City shall, in preserving the Indian River Lagoon, implement Stormwater
(SW) Objective 1.4 Best Management Practices in the protection of waterbodies from nutrient
pollution.
CM Policy 1.1.3: The City shall, in preserving the Indian River Lagoon system and other bodies
of water within the City limits, coordinate with local governments and organizations to ensure:
A. Adequate sites for water-dependent uses.
B. Prevention of estuarine pollution.
C. Control of surface water runoff.
D. Protection of living marine resources.
E. Reduction of exposure to natural hazards.
F. Public access.
G. That required infrastructure is available to serve the development or redevelopment in the
coastal area.
CM Policy 1.1.4: The City shall coordinate with other governmental entities to evaluate and
support, if appropriate, the designation of the Indian River Lagoon as an aquatic preserve between
Jay Jay Road and the northern boundary of the County.
CM Policy 1.1.5: The City shall study the feasibility of the designation of Florida’s Outstanding
Waters for the Indian River Lagoon.
CM Objective 1.2: To protect the basic functions served by marine grassbeds and coastal marshes to
assure the protection of marine species such as the manatee and shellfish.
CM Policy 1.2.1: In order to prevent shoreline erosion, filter out nutrients, provide reasonable
access, and provide wildlife habitat, the removal of native emergent vegetation in the littoral zone
of a waterbody shall be prohibited unless an overriding public benefit can be shown.
CM Policy 1.2.2: Activities within an estuarine basin that will adversely impact grassbeds and
other valuable submerged habitat shall be prohibited, unless an overriding pu blic benefit can be
shown and adequate mitigation measures are included. The following criteria apply in the
implementation of this policy:
A. Proposed activities in an estuarine basin with an overriding public benefit could be
considered to justify alterations or adverse impacts shall, at a minimum, meet one or more of
the following criteria:
1. The activity is necessary to prevent or eliminate a public hazard; and
2. The activity would provide direct public benefits which would exceed those lost to the
public.
3. The activity shall be kept at a minimum to minimize the impact.
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CM Policy 1.2.3: The City will cooperate with federal and state regulators in the protection of the
West Indian manatee.
CM Policy 1.2.4: Dredge and fill activities within the City shall be minimized to eliminate/minimize
possible adverse environmental, social and economic impacts. Dredging and filling of submerged
lands for public shoreline projects shall be planned only if the activity is water-dependent and with
an overriding public benefit.
CM Objective 1.3: To assure maximum retention of the recreational values of the coastal areas,
particularly provision of reasonable physical and visual access to the Indian River Lagoon and the coast al
area.
CM Policy 1.3.1: Ensure the maximum protection of the public’s right to pedestrian access to the
Indian River Lagoon, other bodies of water and the area’s beach is provided through adherence to
the following policies:
A. The City shall work with all governmental and non-governmental entities of Florida to gain
access points to the Indian River Lagoon and other recreational waterbodies.
B. Dedication of easements for public access shall be encouraged from developments proposed
along the Indian River Lagoon shoreline. These easements are to be located on the uplands
running horizontally along the shoreline. The easement can be utilized in the calculation of the
mean annual flood line setback requirement. The vacation of such easements shall be strongly
discouraged unless a suitable alternative can be provided.
C. The City shall encourage developments along the river to set aside areas for public access to
the river from inland areas.
CM Objective 1.4: To encourage the expansion of existing marina facilities which will have minimum
impact on the Indian River Lagoon system and to discourage their location in inappropriate areas
CM Policy 1.4.1: Marinas shall be located in areas where maximum physical advantage exists,
where the least dredging and maintenance are required, and where adequate resources will not be
adversely affected subject to State and Federal regulations.
CM Policy 1.4.2: Present and future marina facilities shall not degrade water quality in the
estuaries of the region per State and Federal regulations.
CM Policy 1.4.3: Expansion of existing marina facilities, where environmentally feasible, rather
than construction of new facilities, shall be encouraged.
CM Policy 1.4.4: Within local land use planning programs, priority shall be given to water-
dependent uses for marina development in those areas considered appropriate for such uses.
CM GOAL 2: To provide for public safety in the coastal high-hazard area and to limit public expenditure in
areas subject to destruction by natural disasters, while providing for the long-term accessibility, economic
viability, neighborhood stability, and environmental integrity of these unique resources
CM Objective 2.1: The coastal storm area shall include the following areas:
A. The Coastal High Hazard Area (CHHA), defined as the area projected by the Sea, Lake
and Overland Surges from Hurricanes (SLOSH) computerized storm surge model to be
inundated from a category 1 hurricane, as reflected in the most recent Storm Surge Zone
Atlases of the Florida Department of Emergency Management, and
B. Areas of the City projected to be inundated by sea-level rise as early as the year 2040 and
through 2100 based on maps developed by the City using the University of Florida GeoPlan
Center Sea Level Scenario Sketch Planning Tool and identified as Adaptation Action Areas
(AAA) consistent with Coastal Management (CM) Objective 4.5.
CM Policy 2.1.1: The City will not consider land use amendments, which will result in a net
increase in residential density per the 2040 Future Land Use Map in the CHHA. The City shall work
to direct population concentrations, including nonresidential development, away fro m the CHHA.
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CM Policy 2.1.2: The City shall prohibit the location of new hospitals, nursing homes and assisted
living facilities in the CHHA and the area inundated by a category 2 hurricane as depicted by the
SLOSH model, as reflected in the Sea Level Rise Vulnerability Assessment prepared by the East
Central Florida Regional Planning Council. The locations shall be determined by a site specific
survey, which will be required if at least twenty (20) percent of any parcel is depicted in the CHHA.
CM Objective 2.2: The City should protect historical and archaeological resources in the coastal storm
area.
CM Policy 2.2.1: The City will continue to promote the preservation of historic and archaeological
resources by providing information to the public and encouraging private groups to nominate sites
to preserve.
CM Policy 2.2.2: The City will consider amendments to the LDRs that will establish performance
standards for development and sensitive reuse of historic resources.
CM Objective 2.3: Level of service standards as defined in the functional elements of the Comprehensive
Plan (public utilities, recreation and open space), are established and are recognized as applicable to the
coastal storm area.
CM Policy 2.3.1: Public facilities, infrastructure, and utilities in the Coastal Storm Area should be
maintained when necessary. Future capital projects are addressed in the Capital Improvements
Element (CIE).
CM GOAL 3: Management of Titusville’s coastal storm area shall prohibit activities that would damage
coastal resources or pose a threat to human life due to severe storm hazards, and shall promote activities
that enhance the natural and built environment.
CM Objective 3.1: The City shall continue to protect the shoreline resources, coastal wetlands, estuaries,
and wildlife habitat from encroachment and development to maintain or increase the acreage for threatened
and endangered species populations.
CM Policy 3.1.1: The City supports the goals of the National Estuary Program’s Comprehensive
Conservation and Management Plan (CCMP) for recovery of the Lagoon prepared by the National
Estuary program, and related plans, as a means of achieving mutual local and regional resource
management and restoration goals for the Indian River Lagoon.
CM Policy 3.1.2: The City shall permit passive recreation uses in coastal areas as identified in the
Future Land Use Element of the Comprehensive Plan where appropriate.
CM Policy 3.1.3: The City shall coordinate with Brevard County, and other governmental and non-
governmental organizations for water quality monitoring and related program planning.
CM Policy 3.1.4: The City shall minimize the disturbance of natural shorelines which provide
stabilization and protect landward areas from storm impacts by developing regulations and
programs, where feasible.
CM Policy 3.1.5: To preserve the functionality of natural sea level rise barriers, the City shall:
A. Examine the appropriate use of sediment-trapping vegetation, sediment mounds, etc., for
coastal hazards; and
B. Implement shoreline restoration, plantings, and use of natural material, for new development
where feasible.
CM Policy 3.1.6: The City will maintain shoreline protection and erosion control by:
A. Facilitating the installation and maintenance of native shoreline vegetation along appropriate
areas; and
B. Considering hard structures, such as seawalls, only when alternative options are unavailable.
CM Policy 3.1.7: Unavoidable impacts to grassbeds and other valuable submerged habitat shall
be mitigated through any means that will result in no net loss of grassbeds or other habitat in the
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estuary. The method utilized (transplant, creation, etc.) will be determined in conjunction with the
USFWS, USACE, FDEP, and SJRWMD.
CM Objective 3.2: The City shall protect public and private property and human life from the effects of
hurricane winds and flooding.
CM Policy 3.2.1: Limit public expenditures that subsidize development permitted in the coastal
high hazard storm areas, except for the restoration or enhancement of natural resources.
CM Policy 3.2.2: The City’s public expenditures in the coastal storm area, when available, shall
consider including program improvements that will restore and enhance natural resources, when
resources are available.
CM Policy 3.2.3: Encourage more efficient and climate resilient construction practices locally by:
A. Evaluating base finish floor elevation standards with respect to projected sea level rise
scenarios and flooding potential; and
B. Evaluating extending the City’s cumulative substantial improvement and substantial damage
regulation from one-year to a multi-year time period; and
C. Evaluating extending the City’s substantial improvement and substantial damage regulatory
threshold to less than 50%.
CM Policy 3.2.4: Evaluate designing a “natural runoff” or “net-zero discharge” policy for
stormwater in subdivision and site design.
CM Policy 3.2.5: The City will continue to pursue grant opportunities from state and federal
agencies intended to aid in the collection and analysis of data to be used in the development of
specific regulations intended to reduce losses due to flooding and claims made under flood
insurance policies.
CM GOAL 4: New development, redevelopment, and investment in public facilities, utilities, and
infrastructure shall be managed and regulated to reduce flood risk in the coastal storm area, as defined in
CM Goal 3, resulting from high-tide events, storm surge, flash floods, stormwater runoff, and the related
impacts of sea level rise; and to reduce losses due to flooding and claims made under flood insurance
policies issued in this state. This management of investment in public facilities, utilities, and infrastructure
shall involve cost effective analysis consistent with the City objectives and capital improvement planning
associated with the public facilities.
CM Objective 4.1: Development and redevelopment in the City shall be planned and managed to reduce
risk and losses due to flooding resulting from high-tide events, storm surge, flash floods, stormwater runoff,
and the related impacts of sea level rise.
CM Policy 4.1.1: Development and redevelopment plans and proposals in the coastal storm area
shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan
and other appropriate plans and references, including the City’s National Flood Insurance Policy
(NFIP) and the Community Rating System (CRS) Program.
CM Policy 4.1.2: The flood-resistant construction requirements in the Florida Building Code and
applicable floodplain management regulations set forth in 44 C.F.R. part 60, or more stringent
controls, shall continue to be applied to development and redevelopment in the coastal storm area.
CM Policy 4.1.3: The City shall explore requiring, rather than encouraging, the use of Low Impact
Development site design methods for new development, redevelopment, additions , retrofits, and
modifications to properties in the coastal storm area.
CM Policy 4.1.4: Low Impact Development design standards shall provide for site design,
engineering, and stormwater management designs and retrofits that reduce run - off, mitigate flood
impacts, and provide for the on-site absorption, capture, and reuse of rain water. The standards
shall encourage or require the increased use of “green” stormwater management treatments,
native/Florida-friendly landscape material, porous paving materials, and the preservation and
restoration of natural drainage characteristics.
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CM Policy 4.1.5: The City shall issue building permits in compliance with the Florida Building Code
and National Flood Insurance Program (NFIP) regulations, a part of the Federal Emergency
Management Agency (FEMA) regulations, regarding, but not limited to issues such as community
floodplain activities, land management, and policy rating.
CM Objective 4.2: Hazard mitigation efforts will be implemented to reduce flood risk resulting from high-
tide events, storm surge, flash flood, stormwater runoff, and the related impacts of sea level rise.
CM Policy 4.2.1: The City shall encourage and support hazard mitigation efforts through
continuation of the following activities:
A. Participation in the NFIP’s CRS;
B. Administration of building regulations and LDRs consistent with City and FEMA regulations;
C. Review and implementation of appropriate policies and strategies developed by partner
agencies or through interagency hazard assessment and mitigation initiatives.
CM Policy 4.2.2: The City will continue to monitor and evaluate the feasibility of incorporating
recommendations from other intergovernmental hazard planning initiatives into the Titusville
Comprehensive Plan and LDRs.
CM Objective 4.3: Continue to educate the public on flood risks, as well as mitigation strategies and
available programs to reduce flood hazards and improve the City’s CRS score.
CM Policy 4.3.1: Continue to prepare and disseminate communications and conduct NFIP
community workshops to provide information regarding the benefits of acquiring flood insurance.
CM Policy 4.3.2: Continue to update, maintain, and make available for public review, flood risk
maps and related information indicating risks associated with high tide events, storm surge, flash
flood, stormwater runoff, and related impacts of sea level rise.
CM Policy 4.3.3: Flood elevation certificates shall continue to be made available for public review.
CM Objective 4.4: The practice of adapting the built environment to address impacts of sea level rise shall
be an integral part of the City’s planning process and in its coordination with partner agencies.
CM Policy 4.4.1: The anticipated impacts of storm surge and sea level rise shall be a consideration
in the implementation and administration of the City’s Comprehensive Plan, building and life safety
codes, capital improvement plans, emergency management plans, land development codes, water
resource and stormwater management plans, coastal management plans, and economic
development programs.
CM Policy 4.4.2: The City shall work with local, state, and federal entities in the continued
assessment of vulnerabilities and the development of mitigation and adaptation strategies to
address the impacts of sea level rise.
CM Objective 4.5: By 2020, the City shall designate Adaptation Action Area(s) identifying locations
vulnerable to the impacts of sea level rise; include Adaptation Action Area mapping in the Future Land Use
Plan map series; and define policies and strategies applicable to development, redev elopment, and
investment in public facilities, infrastructure, and utilities addressing long-term impacts.
CM Policy 4.5.1: Map Adaptation Action Areas to identify areas vulnerable to the impacts of sea
level rise.
CM Policy 4.5.2: Identify and implement adaptation policies to increase community awareness
and evaluate the impacts of requiring elevated finished floors, additional freeboard, and wet/dry
flood proofing in areas outside designated flood plains but within the designated Adaptation Action
Area.
CM Policy 4.5.3: Work with local, state and regional partners to identify funding sources to support
adaptation projects located within Adaptation Action Areas.
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CM Policy 4.5.4: Evaluate the costs and benefits of adaptation alternatives in the location and
design of new infrastructure and the fortification or retrofitting of existing infrastructure.
CM Policy 4.5.5: After the mapping of Adaptation Action Areas, follow a regular program of
assessment and reevaluation to ensure policies and strategies address known and anticipated
risks associated with sea level rise. Activities shall include acquisition of necessary modeling data
and programs to update the Adaptation Action Area map(s) in the City’s Future Land Use Plan map
series.
CM Objective 4.6: When constructing or reconstructing utilities or infrastructure, evaluations shall be
completed to assess vulnerability and resilience to sea level rise and identify cost -effective strategies to
ensure resilience.
CM Policy 4.6.1: The City shall continue to evaluate opportunities to protect public facilities,
infrastructure, and utilities from the impacts of sea level rise in a cost effective manner and
consistent with the City objectives and capital improvement planning associated with the public
facilities.
CM Objective 4.7: Evaluate and identify which public investments and infrastructure should be built or
rebuilt, modified or relocated to maximize the effective life span in a cost effective manner.
CM Policy 4.7.1: By 2020, identify public facilities and infrastructure at risk from sea level rise and
plan for updates to the assessment every five years. The City shall analyze vulnerability to public
facilities and infrastructure, including but not limited to: public buildings and facilities, including
police and fire stations; water and water reclamation facilities, transmission lines and pumping
stations; stormwater systems; roads and bridges; and other transportation and transit
infrastructure.
CM Policy 4.7.2: Based on the sea level rise vulnerability assessment, the City will determine
appropriate strategies related to the modification in place [e.g. elevation, hardening, relocation,
etc.] or strategic retreat from areas at risk. This determination shall involve cost effect analysis
consistent with the City objectives and capital improvement planning associated with the public
facilities.
CM Policy 4.7.3: Evaluate elevating roads and bridges to maintain dry access. In situations where
waters tend to wash roads out, construction, reconstruction, or repair can include not only attention
to drainage, but also stabilization or armoring of vulnerable shoulders or embankments.
CM Policy 4.7.4: By 2020, expand upon existing emergency management communication efforts
and initiate a program to coordinate resilience and adaptation initiatives with the owners of private
utilities, hospitals and clinics, nursing homes and assisted living facilities, and other privately-
operated facilities in locations identified as vulnerable to impact from sea level rise.
CM GOAL 5: The City shall accomplish post-disaster redevelopment in a manner that is designed to
minimize public and private vulnerabilities to future disasters in a cost effective manner and consistent with
the City objectives and capital improvement planning associated with the public facilities.
CM Objective 5.1: Damaged infrastructure shall continue to be repaired or rebuilt to minimize the potential
for future impacts in a cost effective manner and consistent with the City objectives and capital improvement
planning associated with the public facilities .
CM Policy 5.1.1: Consideration shall be given to relocating public facilities outside the coastal
storm area.
CM Policy 5.1.2: Temporary-building moratoriums should be considered in the coastal storm area
when 50% or more of the homes have been destroyed in order to assess impacts and feasibility of
redevelopment.
CM Policy 5.1.3: Repair and rebuilding of critical facilities such as water facilities, sewage
treatment plants, lift stations and other utilities damaged in future storms shall be reconstructed to
minimize hurricane and flooding vulnerability in a cost effective manner and consistent with the City
objectives and capital improvement planning associated with the public facilities.
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CM Policy 5.1.4: Coastal infrastructure shall be maintained and replaced as necessary to insure
adequate Levels of Service to the existing population and to projected population increases at the
planned density consistent with the Future Land Use Element.
CM Objective 5.2: Post-disaster redevelopment plans shall include provisions for repair and cleanup,
assessment of infrastructure and limiting redevelopment of properties that experience repetitive loss. The
infrastructure assessment shall involve cost effective analysis consistent with the City objectives and capital
improvement planning associated with the public facilities.
CM Policy 5.2.1: The City shall continue to review inventories of repetitive loss properties provided
by FEMA and working with state officials to improve the process of reducing vulnerability and loss
for listed properties.
CM Policy 5.2.2: As part of post-disaster planning and management, the City shall prepare
inventories of properties for acquisition and removal, including repetitive loss prope rties, and
establish clear priorities for the use of acquisition resources.
CM Policy 5.2.3: As part of the process of defining and establishing policies for development and
redevelopment in the Adaptation Action Areas, the City shall assess existing regulations and
standards for post-disaster redevelopment. Such standards shall address the replacement,
removal, relocation or structural modification of damaged and unsafe structures and infrastructure
and distinguish between the recovery phase and long-term redevelopment.
CM Objective 5.3: The reestablishment of businesses after a disaster is critical to the redevelopment of
the coastal storm area.
CM Policy 5.3.1: The City will cooperate with local businesses and organizations to aid in disaster
planning and recovery for businesses located within the coastal storm area.
CM Policy 5.3.2: The City will cooperate with the Chambers of Commerce and community
business partners in developing an informational program about hurricane preparedness for local
businesses.
CM Objective 5.4: Water-dependent uses such as marinas, boat launch or dock facilities shall be given a
higher priority over other uses along the shoreline.
CM Policy 5.4.1: The City will encourage the preservation of recreational and commercial working
waterfronts and marinas and other water-dependent facilities.
Coastal Management (CM) Strategies
CM Strategy 1: Develop a Resiliency Strategic Plan, in order to identify those areas that are
considered high flood risk and recommend further planning and/or infrastructure needs.
CM Strategy 2: Adopt a Low Impact Development ordinance.
CM Strategy 3: Apply building regulations and land development code requirements to ensure
noncompliant structures are brought into conformance with FEMA flood elevation standards or
will be flood proofed consistent with FEMA standards.
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B. Plan Categories
The land use categories established in this section appear on the City’s Future Land Use Map (FLUM).
The category descriptions are intended to provide a narrative and development standards to guide land
use through the overall planning period. The Future Land Use Map illustrates and regulates the City’s
intended future growth patterns through the use of Future Land Use Districts and a Future Land Use
Overlay. Development in all districts should be well planned and designed to be harmonious with the
adjacent existing and planned development.
The purpose of Future Land Use Districts and the Overlay is to show the City’s general plan for future
development within different geographic areas of the city and to specify policies under which new
development must occur. New development or redevelopment within a given area must be consistent with
the criteria specified within the Future Land Use District, other relevant policies in the Comprehensive Plan,
and the City’s LDRs.
A designated Future Land Use District does not guarantee the right or ability to develop a particular use,
density, or intensity on a given parcel. Each Future Land Use District may allow a range of zoning districts ,
described in the LDRs, which are assigned by the City Council based on additional criteria and the
appropriateness of the specific location. The zoning district and other standards in the LDRs provide further
specificity about permitted uses, densities, intensities, heights, and other criteria for development and
redevelopment in any given location. In addition, the specific circumstances of the site and state and federal
regulations may affect the development potential of a given site.
Future Land Use residential densities shall be calculated as the number of units divided by the gross area
of the district.
Floor Area Ratios include Residential, Nonresidential, or mixed-use development unless otherwise noted.
The LDRs may exclude structured parking from the calculation of Floor Area Ratios. Floor Area Ratios are
calculated on a parcel-by-parcel basis.
Corridor/Land Use Matrix – The matrix below describes appropriate land use plan categories as they
relate to the corridors and segments of corridors described in Part II – People, A – Community Profile of
this plan.
Neighborhood Research and
Corridor/Land Use Matrix* Downtown Gateway
Center
Neighborhood
Manufacturing
U.S Highway 1 North of Garden
& South of Cheney Segments
X X
Downtown Washington Segment X
Central Washington Segment X
Garden Street X
Cheney Highway X
South Street Urban Segment
South Street Central Segment X
Columbia Boulevard Segment X
Hopkins Avenue X
Commercial Activity Centers X
Local Roads X X X X X
* The right-of-way widths, block lengths and building patterns in the corridors, collector nodes and local
roads suggest certain land uses. The remaining land uses (Civic, Recreation, Conservation and the
Waterfront Overlay) are site specific. The land uses are described in the Places section of the plan.
Plan Categories - The Comprehensive Plan and the Future Land Use Map (FLUM) establish a total of
eight (8) land use categories, plus one (1) overlay category. The eight (8) land use categories established
within the Comprehensive Plan and on the FLUM encourage a mix of uses in most categories, while
protecting existing neighborhoods, areas critical to the provision of public facilities, and environmentally
sensitive areas. The purpose of the overlay designation is to provide guidance for development along the
City’s waterfront.
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The category descriptions include standards to guide land use through the overall planning period. Plan
Amendments will require that amended areas conform to the standards prescribed in this Future Land Use
Element. The Plan categories are summarized before they are more fully described in the detailed
descriptions that follow.
Gateway Corridor (GC) – Allowing a mix of multifamily residential and commercial uses
of urban character utilizing design guidelines to create activity centers along major
thoroughfares or “gateways” through the City. Certain corridors may include a mix of light
industrial uses to enhance existing development patterns.
Civic (CV) – Allowing a wide range of public uses that enhance the ability to provide
public facilities and protect existing facilities aiding in the provision of public services.
Recreation (REC) – Allowing major recreational uses. This designation is intended for
facilities serving the entirety of the City and/or region.
Conservation (CNS) – Allowing minimal uses at very low intensities in order to protect
areas which may be wetlands.
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a. Downtown (D)
Description of the Downtown (D) category:
This plan category is intended to address the City of Titusville’s desire for downtown to serve as the
heart of the city. Development within this land use category should be urban-scale, mixed-use, and
meet specific form and urban design standards. The purpose of this category is to foster the creation
of a critical mass of residences, activities, and employment in the area that historically accommodated
development of this nature. Downtown development should enhance and further the use of a historical
street grid in order to promote an active environment. The historic street grid creates a series of block
lengths ranging from 250 by 250 feet to blocks that are 200 by 400 feet. This block structure is
conducive to mixing land uses and creating environments that promote walking and bicycling. The
street network is comprised of a system of interconnected and direct routes with a connectivity index
that exceeds 50 polygons per square mile [2013 Multimodal Area-wide Quality of Service Handbook].
The higher the connectivity index the more conducive the area to high density mixed use development.
This plan category promotes mixed-use with a minimum of 2 use types – for example, a multi-family
residential and a non-residential component that activates the surrounding street network and promotes
pedestrian activity while accommodating the automobile.
To ensure protection of the City’s character, proposed developments within this category shall meet
detailed standards regarding density of the residential component, design standards,
landscaping/buffering features, a high level of urban services (i.e., multimodal transportation facilities,
public water and wastewater services, police and fire/EMS services), and the degree of integration of
the non-residential land use(s) with a residential component. It is further envisioned that this category
will encourage a "live-work" relationship whereby the residents of the development would have the
opportunity for employment near their residence.
The existing urban development pattern should be enhanced by furthering the continuation of an urban
street grid, where feasible. As redevelopment occurs, buildings should be oriented to the street and
enhanced pedestrian amenities are encouraged to further a walkable, pedestrian focused environment.
Redevelopment of industrial uses within this plan category should be limited to those uses that can be
conducted indoors and in a manner which does not create nuisances to neighboring properties. Bicycle
parking is encouraged to be a priority and be easily accessible. Single-use strip-development is
strongly discouraged. Curb-cuts (driveways) should be reduced or eliminated where possible through
redevelopment, and parking should be located behind buildings to further a pedestrian environment.
Purpose of the Downtown (D) Category:
The Downtown (D) land use category applies to the entirety of the City’s downtown Community
Redevelopment Area (CRA) and the surrounding areas to the west and north with an established urban
street grid. The category encourages a complementary mix and range of land uses, primarily focusing
on commercial and multifamily residential land uses, and the creation of a pedestrian friendly
environment. The purpose of the Downtown (D) category is to facilitate the redevelopment and
enhancement of the City’s historical urban center and its traditional central business district. The (D)
category is intended to foster redevelopment and infill through increased densities and intensities
subject to adherence to design guidelines and requirements so that new development will prevent,
replace, and eliminate blight, while protecting and enhancing the existing historic character and
structures. The (D) category is further intended to implement the general redevelopment Goals,
Objectives and Policies of this Comprehensive Plan, as well as to further the City’s CRA designation
and the implementation of redevelopment plans, studies and regulations.
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e. Automobile parking should be located to the rear of buildings and consolidated wherever possible.
Shared parking is strongly encouraged to maximize parking utilization and reduce land areas
dedicated to surface parking lots.
f. Single-use strip development is strongly discouraged for new development. Proposed commercial
development plans for sites abutting an arterial or collector street should include traffic calming
measures including provisions of on-street parking, landscape beds adjacent to the street, and
enhanced pedestrian amenities at intersections.
g. Perimeters should feature transitional development, including compatible land uses, special street
frontage treatments, open space, landscaping, and/or visual screening when adjacent to other land
use plan categories.
h. Opportunities for pedestrian, bicycle, or similar low-impact access and circulation, should be a priority
as part of project design. Design techniques should be included that enhance and support pedestrian
and bicycle facilities, and provide for connections to adjacent commercial and residential
developments.
i. Proposed developments should provide retail and service uses at the street level to promote a
pedestrian-oriented environment, especially when proposed adjacent to existing commercial uses.
Facades are encouraged to be highly transparent at the street level. Drive-through service windows
are strongly discouraged, but if present, should be accessed via alleys provided they do not
substantially disrupt pedestrian activity or surrounding uses.
j. Open spaces should be appropriately scaled and located to be activated and accessible by
surrounding uses. Open spaces may include hardscape plazas, outdoor seating, and/or pocket
parks that provide opportunities for community events and recreation opportunities for residents and
visitors.
k. Industrial uses shall have direct access to major transportation facilities, including state and federal
highways and airports. New heavy industrial districts shall be discouraged. Industrial development
shall be encouraged to be master planned to share infrastructure.
This plan category is intended to address the City of Titusville’s desire to create aesthetically appealing,
mixed-use corridors throughout the City. Development within this land use category should be
moderately scaled mixed-use developments meeting generalized form and urban design standards
that address building placement, landscaping, parking location, and multimodal transportation facilities.
Development within this category should enhance the aesthetics of the City while providing a mix of
uses that complement existing development along the corridor, and transition to the surrounding
developments. Development within this category should be easily accessible by a variety of
transportation options including the automobile, transit, bicyclists, and pedestrians .
Through the titusvilletomorrow visioning exercise, multiple corridors were identified that are vital to the
aesthetic appeal and redevelopment efforts within the city. The identified corridors include Washington
Avenue (U.S. Highway 1), Garden Street (State Road 406), Cheney Highway (State Road 50), South
Street/Columbia Boulevard (State Road 405), and Hopkins Avenue. Descriptions of the corridors and
the intricacies of each corridor are described below.
Washington Avenue (U.S. Highway 1)
Washington Avenue is the major north-south corridor through the City. The roadway can generally be
broken down into three typologies within the city. The first, titled “North & South” are those portions of
Washington Avenue that are north of the Community Redevelopment Agency (CRA) area, and those
portions south of Cheney Highway (State Road 50). The second, titled “Downtown” is the portion of
U.S. Highway 1 that lies t within the CRA. The third, titled “Central” is the portion of Washington Avenue
between the southern CRA boundary and Cheney Highway (State Road 50). Each of these typologies
are explained below.
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North: Parrish Road to the northern Community Redevelopment Agency (CRA) boundary
South: Cheney Highway (SR 50) to Kings Highway
Downtown: Segment within the CRA
Central: CRA southern boundary to Cheney Highway (SR 50)
North & South – Along this portion of Washington Avenue, which are the segments north of the
CRA northern boundary, and south of Cheney Highway (SR 50), access management is paramount.
Curb-cuts should be consolidated and eliminated where possible. As development occurs proper
access management will assist in the continued provision of established level of service standards and
promotes quality development. Pedestrian facilities should be buffered from travel lanes, and installed
where deficiencies exist as development occurs. Where possible, pedestrian facility improvements
should form a network to provide access and ensure safety for pedestrians, bicyclists, and automobiles.
Land uses along these portions of the roadway are encouraged to be a mix of commercial and
residential uses that enhance the character of, and provide additional amenities to , existing
developments within the corridor. Existing industrial uses along these segments of Washington Avenue
should be protected, and transitions should be provided and established between varying uses to
ensure a harmonious development pattern along the corridor. Single-use strip-development is strongly
discouraged.
Downtown – This segment of Washington Avenue is regulated by the Downtown (D) land use plan
category. This segment of roadway is located within the CRA boundaries.
Central - The segment of Washington Avenue between the southern CRA boundary and Highway
50 abuts and/or is within close proximity to the Indian River Lagoon in many locations. Consistent with
the Waterfront (WFO) overlay, the adopted U.S. 1 Corridor Master Plan, and the adopted Titusville
Waterfront Design Master Plan, public access to and protection of the Indian River Lagoon is paramount
along this segment of Washington Avenue. To achieve the goals of completing a waterfront trail along
the Indian River Lagoon, incentives should be developed for properties providing public acc ess to the
waterfront via a pedestrian multi-use pathway. Vertical and horizontal mixed-use is encouraged along
this segment of the corridor. Where feasible, development is encouraged to the west o f Washington
Avenue to further protect the shoreline and eliminate uses that are subject to impacts associated with
flooding due to sea level rise. Tools to incentivize the transfer of development from the east side to the
west side of Washington Avenue should be explored. These incentives will implement the goal of the
protecting the Indian River Shoreline and public improvements within areas subject to impacts
associated with flooding due to sea level rise. The continuation of the existing street grid to the west
of Washington Avenue is strongly encouraged, where feasible, to enhance the pedestrian and bicycling
environment along this segment of the roadway. Additionally, pedestrian access from the established
neighborhoods between Washington Avenue and Hopkins Avenue to the waterfront should be
enhanced to encourage a natural east-west connection; and access to daily needs of residents and the
Indian River Lagoon should be provided. Single-use strip-development is strongly discouraged.
Garden Street (State Road 406)
The segment of Garden Street between Interstate 95 and the base of the A. Max Brewer Bridge is
intersected by a regular street grid and a variety of property uses. The continuation of a mix of uses
along this corridor is encouraged, and should enhance and further the existing street grid. Buildings
should be oriented towards the street by providing pedestrian access directly to adjacent sidewalks,
and parking should be located behind buildings. The existing street grid should be enhanced by new
development and pedestrian enhancements are encouraged throughout. Pedestrian enhancements,
including options to increase bicycle infrastructure along this corridor, should be explored in
coordination with the FDOT. Moderately scaled mixed-used developments utilizing the existing street
grid are encouraged along this corridor, especially those taking advantage of the proximity to the Coast-
to-Coast Trail/St. Johns River to Sea Loop Trail/East Coast Greenway within the corridor. Single-use
strip-development is strongly discouraged. To protect existing development patterns to the north and
south of the corridor, many of which are established single-family neighborhoods, developments shall
transition properly in scale and intensity between frontage along Garden Street and existing
development north and south of the corridor.
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The segment west of Interstate 95 to the western terminus near Carpenter Road also contains a mix of
uses and developments of varying ages. Along this segment of roadway, access management should
be priority in design due to the presence of the South Lake Elementary School and Interstate 95
interchange. A continuation of the mix of uses currently present is encouraged, and pedestrian
enhancements to provide multimodal access to the school should be included with project design.
Cheney Highway (State Road 50)
The segment of Cheney Highway between the western limits of the City and South Street/Columbia
Boulevard is dominated by the Interstate 95 interchange and highway-associated, automobile-oriented
commercial uses. Developments along this segment of the corridor are encouraged to provide
enhanced landscaping adjacent to the roadway to assist in the creation of a gateway into the City.
Access management should be a priority of all new development and redevelopment, and access points
should be consolidated where possible. This segment of Cheney Highway also has very poor
pedestrian access. The City should coordinate with the FDOT to ensure improvements in the future
include pedestrian facilities. Development of existing vacant parcels with complementary uses to
existing developments is encouraged. Pedestrian facilities should be enhanced, and gaps in pedestrian
facilities should be programmed and installed as new development and redevelopment occurs.
The remainder of the corridor, between South Street and Washington Avenue, is intersected by a semi-
regular street grid and commercial uses, with some multifamily and single-family residential uses. The
existing street grid, should be enhanced and utilized for access to Cheney Highway as opposed to
individual access points for each property. As redevelopment occurs, existing access points directly to
Cheney Highway should be consolidated and removed, where feasible. New single-family
developments are discouraged along this corridor, unless a commercial component is included that
abuts the roadway to further a pedestrian-friendly environment. Moderately-scaled mixed-use
development containing commercial and residential uses are strongly encouraged along the corridor.
Redevelopment of existing single-use commercial properties are strongly encouraged to incorporate a
mix of commercial and multifamily residential uses to increase pedestrian activity along the corridor. In
addition, mixed-use projects are strongly encouraged to incorporate a traditional street grid and connect
to existing street networks where possible. New development and redevelopment of property should
address the street in a pedestrian-friendly manner to promote a vibrant and active street environment.
South Street/Columbia Boulevard (State Road 405)
South Street/Columbia Boulevard is a major corridor through the City that forms a horseshoe shape
beginning in downtown and continuing through the City providing access to the Kennedy Space
Center/NASA Causeway on the south side of the City. The roadway can generally be broken down
into three typologies within the city. The first, titled “Urban” is the segment of South Street that is
generally located between U.S. 1 and Angela Lane. The second, titled “Central” is the portion of South
Street that lies between Angela Lane and Cheney Highway (SR 50). The third, titled “Columbia
Boulevard” is the portion of Columbia Boulevard between Cheney Highway (SR 50) and the NASA
Causeway. Each of these typologies are explained below.
South Street Urban Segment – The urban segment of South Street (State Road 405) begins at the
one-way pair of Washington Avenue and continues west to the transition of South Street from four lanes
into two lanes, near Angela Lane. This segment of the corridor is intersected by a traditional street grid
accommodating a variety of non-residential, residential, and governmental uses. Mixed-use
development along this segment is strongly encouraged. New development and redevelopment along
this segment should prioritize pedestrian amenities and opportunities for outdoor seating. Commercial
uses are encouraged along roadway frontages, with multifamily uses developed in concert to create a
vibrant mix of residential and non-residential uses. Vehicular access points should be located away
from the corridor roadways and should utilize alleyways for vehicular access where possible.
South Street Central Segment – The central segment of South Street (State Road 405), which
begins at the transition from four lanes to two lanes and continues to Cheney Highway (State Road 50),
is a two-lane roadway accommodating residential, commercial, and industrial. New development along
this segment of the corridor is encouraged to continue the separated pedestrian trail on the west side
of the roadway and enhance pedestrian amenities accordingly. Many properties on the west side of
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South Street, south of Fox Lake Road are within the unincorporated County. As properties are annexed
into the City and development occurs, the adopted South Street Area Small Area plan shall be the
guide to determining where uses are appropriate. Industrial uses are encouraged to locate in the area
west of South Street and south of Fox Lake Road, and to provide appropriate transitions and/or buffers
to enhance the aesthetics of the corridor. Residential uses should be protected and enhanced with
appropriately scaled commercial uses to serve existing and proposed residential uses and to enhance
pedestrian access along the corridor. Where opportunities exist, mixed-use developments are
encouraged to provide workforce housing in proximity to employment centers. Properties containing
environmentally sensitive areas are strongly encouraged to utilize development options that protect the
greatest amount of environmentally sensitive land while maximizing development potential on portions
of property with the ability to support development.
Columbia Boulevard – The southern segment of State Road 405 is known as Columbia Boulevard
between Cheney Highway (State Road 50) and the NASA Causeway. Development patterns along
this segment are suburban in nature and are a mix of uses including residential, commercial, and
industrial. Many of the properties along this segment of State Road 405 are located within the
unincorporated County. As properties are annexed and developed, existing uses should be protected ,
and proposed uses should enhance the character and amenities along the corridor. Additional single-
family developments are discouraged, with preference being given to multi-family developments that
can provide workforce housing in close proximity to the Spaceport Commerce Park and other
employers near the intersection of Columbia Boulevard and Grissom Parkway. Access management
and the inclusion of pedestrian amenities should be priority during design of projects and use of access
roads is preferred over individual access points to the corridor. Additional curb-cuts and/or roadway
access points onto Columbia should be minimized and access points should be shared to maintain
roadway capacity and increase the safety of pedestrian facilities. Pedestrian facilities should be
included as part of new development, and preference shall be given to those uses that provide
dedicated separate pedestrian facilities to provide the safest means of pedestrian travel. Additionally,
pedestrian connections to the Spaceport Commerce Park are encouraged to provide multiple
transportation options for access to the employers in the area.
Hopkins Avenue
Hopkins Avenue is a unique corridor providing access to a variety of uses including commercial, light -
industrial, multifamily and single-family residential, and education related uses. Uses along the west
side of the corridor are a mix of commercial and light-industrial uses which should be enhanced through
the implementation of detailed screening and landscape requirements. While limited light-industrial
uses are appropriate along the western section of the corridor, these uses shall be small -scale, and
should be confined to indoor areas. Outdoor activities are acceptable, so long as the activities are
placed behind buildings to ensure the integrity of the corridor. New residential uses along the western
side of Hopkins Avenue are discouraged due to the proximity of the FEC railroad.
Properties adjacent to the east side of Hopkins Avenue are encouraged to be developed and
redeveloped with a mix of commercial and multi-family residential uses compatible with the established
single-family neighborhoods between Hopkins Avenue and Washington Avenue. New development
and redevelopment should transition in scale and intensity between the frontage along Hopkins Avenue
and the existing development patterns east of Hopkins Avenue.
In general, new development and redevelopment along the corridor is strongly encouraged to address
the street in a pedestrian manner and provide opportunities for outdoor seating and gathering areas.
Parking should be provided to the rear of buildings, and pedestrian related improvements such as
bicycle parking, wider sidewalks, and landscaping to provide shade, should be provided to foster the
creation of an active street environment along the corridor. Access management should be priority,
and access from existing streets is preferred over connecting directly to Hopkins Avenue, especially on
the east side of the corridor. Reducing access points along the corridor will enhance pedestrian safety,
smooth traffic flow, and assist in the creation of an active street environment.
Development on those properties between the FEC railroad, the Indian River Lagoon, Cheney Highway
(State Road 50), and Olmstead Avenue shall be subject to the adopted Indian River City Neighborhood
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(IRCN) plan. The IRCN plan is further implemented through the IRCN-C and IRCN-R zoning districts
as established in the City’s LDRs.
Purpose of the Gateway Corridor (GC) Category:
The Gateway Corridor (GC) land use category applies to the major corridors throughout the city, which
are identified and described above. The Gateway Corridor (GC) category encourages a
complementary mix and range of land uses that foster increased aesthetics, variety of housing choices,
and equitable access for all modes of transportation. The Gateway Corridor (GC) category is intended
to guide redevelopment and infill through flexible options for land uses and appropriate densities and
intensities subject to adherence to design guidelines and requirements. Through the implementation
of this land use category, new development will prevent, replace, and eliminate underutilized properties,
while enhancing the experience and aesthetics of the corridors throughout the city. The Gateway
Corridor (GC) category is further intended to implement the Gateway Corridor (GC) and Citywide
Development Strategies (CD) Goals, Objectives and Policies of the Comprehensive Plan along the
identified corridors in order to accomplish the City’s goal of increasing aesthetics and providing
equitable access for all users.
Density/Intensity within the Gateway Corridor (GC) category:
Residential uses are encouraged to be moderate density multi-family, providing access management
and cross-access between parcels where feasible. The preferred residential use is multifamily
apartments, condominiums, and mixed-use non-residential with multi-family residential, including live-
work units, subject to compatibility with, and appropriate transition to, adjacent low-density residential
uses. Existing single-family uses should be protected and surrounding or infill development should
transition appropriately to preserve the character of existing developments. Corridors identified for
industrial uses should be protected and adequate transition and screening requirements should be
established to ensure a harmonious environment along corridors with a mix of uses. The district density
of the Gateway Corridor shall not exceed 15 DU/Ac and total FAR shall not exceed 2.0.
Relationship to other areas of use and the street system within and adjacent to the Gateway
Corridor (GC) land use plan category:
a. Gateway Corridor (GC) areas should be confined to the arterial/commercial corridors identified
through the titusvilletomorrow vision exercise, and described in the Comprehensive Plan.
b. Gateway Corridor (GC) areas shall enhance the corridors through infill and redevelopment with
special emphasis on uniformity of design for signage, site lighting standards and fixtures, façade
treatment, building placement and orientation, landscaping, pedestrian amenities, and similar
design standards by appropriately transitioning development at the in a manner that complements
and is compatible with adjacent land uses and which creates opportunities for adjacent uses to
easily access and relate to the area.
c. Development is encouraged to address the street in an urban manner including building entrances
and façades that are pedestrian oriented, provide opportunities for outdoor seating and gathering,
and are transparent to create an active pedestrian environment.
d. Single-use strip development is strongly discouraged for new development. Proposed commercial
development plans for sites abutting an arterial or collector street should include internal vehicle
connections from the subject development site to each adjacent site, where feasible.
e. Perimeters of the plan category should feature transitional development, which may include
compatible land uses, special street frontage treatments, open space, landscaping, and/or visual
screening. Appropriate transitioning from adjacent single-family shall include visual screening,
buffering and building mass and scale.
f. Opportunities for pedestrian, bicycle, or similar low-impact access and circulation should be
included as part of project design. Design techniques should be included that support pedestrian
and bicycle facilities, and provide for pedestrian and bicycle connections to adjacent commercial
areas and surrounding residential neighborhoods.
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This plan category is intended to create neighborhood scaled activity centers connected to residents of
surrounding neighborhoods via multimodal transportation options. Development should be pedestrian-
scaled, mixed-use developments meeting generalized form and urban design standards. The purpose
of this category is to foster the creation of activity nodes that enhance pedestrian access by creating
additional connection points with surrounding residential developments, and uses that meet the daily
needs of residents within walking and/or bicycling distance of established neighborhoods. Development
should be designed to create a block structure similar to a typical street grid with defined blocks
separated by pedestrian and/or vehicular access points, plazas, or other open space to create a sense
of place and promote an active pedestrian environment.
This plan category promotes mixed-use with a minimum of 2 use types – for example, a multi-family
residential and a non-residential component that addresses the surrounding street network and
promotes pedestrian activity while accommodating the automobile. Horizontal mixed use projects shall
incorporate the residential and non-residential components with pedestrian connections, similar urban
design standards, and should provide, at a minimum, pedestrian connections to surrounding
developments, where feasible.
In order to ensure protection of the city’s character, proposed developments within this category shall
complement the density of surrounding residential developments, generalized design standards,
landscaping/buffering features and a high level of urban services (i.e., public water and wastewater
services, police and fire/EMS services). It is further envisioned that this category will encourage a "live -
work" relationship whereby the residents of the development would have the opportunity for
employment within the non-residential component of the development to the greatest extent possible.
Purpose of the Neighborhood Center (NC) Category:
The Neighborhood Center (NC) land use category applies to those areas of the City that are conducive
to create pedestrian focused nodes of activity to serve the surrounding neighborhoods. The
Neighborhood Center (NC) encourages the redevelopment of underperforming or vacant sites ,
including single-use commercial strip centers with a mix of residential uses that are developed at a
scale to serve the surrounding neighborhoods. The Neighborhood Center (NC) category allows and
encourages a complementary mix and range of land uses, primarily focusing on residential land uses
with a mix of neighborhood scaled commercial development. The purpose of the Neighborhood Center
(NC) category is to better define, and complement the established neighborhoods surrounding the
nodes to which the Neighborhood Center land use are applied. The Neighborhood Center (NC)
category is intended to foster infill to enhance neighborhoods through increased densities and flexibility
of uses and create active pedestrian environments. The Neighborhood Center (NC) category is further
intended to implement Goals, Objectives and Policies of this Comprehensive Plan and to enhance and
strengthen the City’s neighborhoods.
The Neighborhood Center District is appropriate, where opportunities exist, to serve existing residential
neighborhoods with small neighborhood centers generally ranging from 1 to 15 acres. Small scale
mixed-use or neighborhood serving commercial uses are encouraged to benefit residents by providing
daily needs in close proximity to where they live and provide more accessibility by walking or biking.
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Neighborhood Centers should generally be located near the intersections of collector streets to provide
sufficient access to non-residential uses.
Density/Intensity within the Neighborhood Center (NC) category:
The Neighborhood Centers will permit a variety of residential typologies between 5-15 dwelling units
per acre and generally building heights up to 3 stories with a maximum FAR of 1.0. Densities in the
Neighborhood Center District shall be calculated on a site-by-site basis. The preferred residential use
is medium density multi-family with non-residential uses interspersed throughout the development,
subject to compatibility with, and appropriate transition considerations to, adjacent neighborhood
residential uses. Existing development typologies in proximity to these centers should be protected
and infill development should transition appropriately to create a harmonious built environment. Areas
within the NC land use category are encouraged to develop Missing Middle Housing which includes a
mix of small-scale multifamily such as townhomes, multi-plexes, and small condominium buildings.
High-density detached single-family homes are encouraged around the perimeter of developments
within the Neighborhood Center (NC) plan category to serve as transitions to existing development,
where appropriate.
Relationship to other areas of use and the street system within and adjacent to the
Neighborhood Center (NC) land use plan category:
a. Neighborhood Centers (NC) should be located to create activity nodes and connect existing
neighborhoods by enhancing pedestrian connections, and providing appropriately scaled non-
residential uses that are within walking or biking distance of residents in the area.
b. Neighborhood Center (NC) areas shall enhance the neighborhoods within the City through infill and
redevelopment with special emphasis on pedestrian scaled design for signage, site lighting standards
and fixtures, façade treatment, color palette, architectural detail, building placement and orientation,
landscaping, pedestrian amenities, and similar design standards. Developments should
appropriately transition at the edges of the area in a manner that complements, and is compatible
with, adjacent neighborhoods and creates opportunities for enhanced pedestrian connections
between existing development and new development within the neighborhood center.
c. Development is encouraged to address the street in an urban manner as specified in Citywide
Development Strategies (CD). Building entrances and façades are encouraged to be pedestrian
oriented, provide opportunities for outdoor seating and gathering, and be transparent to create an
active pedestrian environment.
d. New Single-use strip development is strongly discouraged. Proposed commercial development plans
shall include appropriate access management principles including internal vehicle connections to
each adjacent site, where applicable, parking screened and located to the side or rear of buildings.
e. Perimeters should feature transitional development, which may include compatible land uses, special
street frontage treatments, open space, landscaping, and/or visual screening. Appropriate
transitioning from adjacent single-family shall include visual screening, buffering and building mass
and scale.
f. Opportunities for pedestrian, bicycle, or similar low impact access and circulation should be priority
as part of project design. Design techniques should be included that support pedestrian and bicycle
facilities, and provide for connections to adjacent residential neighborhoods.
g. Where opportunities exist to provide pedestrian access between mixed-use or commercial
development and neighboring residential neighborhoods, improvements should be provided to
enhance the connection between residents and daily needs via walking or bicycling.
h. Open spaces should be appropriately scaled and located to provide equitable access by all modes
of transportation and enhance the character of the neighborhood center. Open space s may include
neighborhood parks, pocket parks, hardscape plazas, and areas of outdoor seating.
d. Neighborhood (N)
Description of the Neighborhood (N) category:
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This plan category is intended to protect and enhance the established neighborhoods within the City.
Development should be complementary of, and enhance, existing residential neighborhoods. The
purpose of this category is to foster appropriate infill and redevelopment of residential neighborhoods
as appropriate. Development should be similar in scale and density to existing neighborhoods. Where
appropriate, small-scale multifamily and accessory dwelling units should be incorporated in designs to
enhance neighborhood character; allow flexibility in infill development; and provide a variety of housing
options. Single-family developments shall be protected while allowing multifamily infill, especially
Missing Middle Housing typologies, that is consistent with the density and scale of existing development
patterns.
To ensure protection of the character of the City, proposed developments within this category shall
complement the density of surrounding residential developments; provide a, high level of urban
services (i.e., public water and wastewater services, police and fire/EMS services), and protect existing
residential character.
Purpose of the Neighborhood (N) Category:
The Neighborhood (N) land use category applies to those areas of the City that primarily consist of
single-family neighborhoods with limited areas of multifamily residential, including Missing Middle
Housing typologies, of a similar form and scale. The category encourages the preservation of the
residential neighborhoods through appropriate infill and redevelopment that is similar in scale and form
to existing development patterns. The Neighborhood (N) category is intended to guide infill
development to enhance neighborhoods through appropriate densities, while allowing for a flexibility of
housing typologies to enhance the character and pedestrian connectivity between existing
neighborhoods. The Neighborhood (N) category is further intended to implement Goals, Objectives
and Policies of this Comprehensive Plan and to enhance and strengthen the City’s neighborhoods.
The Neighborhood (N) category consists primarily of well-established residential communities. The
over-arching planning goal is to protect and enhance these neighborhoods. As some of these areas
age, there will be opportunities to enhance the neighborhoods and to create additional residential
choices as new residential typologies, especially Missing Middle Housing, and designs are made
available.
Density/Intensity within the Neighborhood (N) category:
The Neighborhood (N) plan category will permit residential development at densities compatible with
the surrounding development pattern and with typical building heights up to 3 stories. Densities in the
Neighborhood (N) plan category shall be calculated on a site-by-site basis consistent with the Future
Land Use Map and Allowable Density Map. The preferred residential use within this land use plan
category are low to high-density single-family typologies, with secondary preference for low intensity
multifamily, subject to compatibility with, and appropriate transition considerations to, adjacent single-
family residential uses. Existing development typologies within neighborhoods should be protected
and infill development shall enhance the character of present development patterns . Areas within the
Neighborhood (N) land use category are encouraged to develop a variety of single-family typologies
and Missing Middle Housing, including duplexes, triplexes, and quadraplexes, where appropriate.
Allowable Density Map:
The allowable density of specific properties are limited by the maximum Allowable Density Map. The
Neighborhood (N) plan category is further divided into sub-land use categories.
Residential One (RES-1) – Allowing a maximum residential density of 1 dwelling unit per
acre.
Residential Two (RES-2) – Allowing a maximum residential density of 2 dwelling units per
acre.
Low Density Residential (LDR) – Allowing a maximum residential density of 5 dwelling units
per acre.
Medium Density Residential (MDR) – Allowing a maximum residential density of 10 dwelling
units per acre.
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The Research & Manufacturing (RM) plan category is intended to create centers for economic activity
and opportunities for employment. Development should support a healthy mix of employment types,
and enhance existing businesses located within the area. Development standards should allow
flexibility in design to accommodate a variety of uses and evolving practices for research and
manufacturing. The RM category is further intended to implement Goals, Objectives and Policies of
this Comprehensive Plan; to capitalize on the proximity and convenient access to the Kennedy Space
Center; and to strengthen the City’s position as an economic hub on the Space Coast.
Density/Intensity within the Research and Manufacturing (RM) category:
This District may include horizontal and vertical mixed-use development including lodging, office,
Research & Development, and commercial support uses. Development within this plan category may
utilize a maximum FAR of 5.0 with building height limited by flight pattern restrictions. Additional height
and FAR restrictions may be designated in the LDRs. Residential is limited to one unit per development
as specified in the Land Development Regulations.
Relationship to other areas of use and the street system within and adjacent to the Research
and Manufacturing (RM) land use plan category:
a. Research and Manufacturing (RM) should be located with convenient access to major
transportation facilities including the Space Coast Regional Airport, Interstate-95, and Columbia
Boulevard (SR 405). U.S. Highway 1, Grissom Parkway, and Challenger Memorial Parkway (SR
407). Areas west of South Street (State Road 405) may be considered for this plan category
consistent with the South Street Small Area Plan.
b. Buffering and screening should be priority in design of projects to enhance the curb appeal of these
areas. Buffering between uses should be minimized, while shifting landscape materials to the front
of buildings to enhance aesthetics along the roadways.
c. Pedestrian facilities should be separated from roadways, where possible, and designed to minimize
conflicts between pedestrians and heavier traffic associated with research and manufacturing uses.
d. Projects incorporating a mix of uses are encouraged to provide internal circulation to minimize
traffic impacts on adjacent roadways, and provide cross-connections to adjacent properties where
possible.
e. Perimeters of the land use category should feature transitional development, including compatible
land uses; and may include special street frontage treatments, open space, landscaping, and/or
visual screening.
f. Where opportunities exist to provide pedestrian access between office parks within this category,
and adjacent developments, improvements should be provided to enhance the connection between
uses supporting the research and manufacturing activities via walking or bicycling.
g. Open spaces, where appropriate, should be provided and should be utilized to protect
environmentally sensitive areas and offer opportunities for recreation and alternative commuting
options for employees and residents in the vicinity of the employment centers.
h. Industrial development shall be encouraged to be master planned to share infrastructure.
i. Commercial districts shall be located with convenient and direct access at arterial intersections.
Collector/arterial intersections are acceptable provided minimal access is necessary on the
collector street
f. Civic (CV)
Description of the Civic (CV) category:
Uses within the Civic District are limited to public uses including government facilities, public use areas,
schools, and sites for public buildings. Civic uses may be located in any future land use district ;
however, only civic uses are permitted in the Civic District. Public uses in the Civic District should be
compatible with surrounding development and any potential nuisance to adjacent properties should be
mitigated to the extent feasible while accommodating necessary services to the community at large.
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g. Recreation (REC)
Description of the Recreation (REC) category:
The Recreation (REC) land use plan category includes regionally significant active and passive parks,
trail facilities, and golf courses. Parks may additionally be located in most future land use districts
consistent with the policies in those districts subject to restriction on active uses. Retail concessions
or civic uses accessory to recreation activities may be permitted by the City in compatible locations.
Purpose of the Recreation (REC) Category:
The purpose of the Recreation (REC) land use plan category is to denote areas that are used for
recreational purposes. These facilities offer recreation opportunities for residents and visitors of the
City. Facilities that provide recreational amenities on a regional scale are an asset to the City, and the
Recreation (REC) land use category recognizes these facilities. Uses within this category are limited
to recreational uses, and limited commercial activities such as retail concessions as allowed by the
City’s LDRs. While retail concessions may be permitted through the LDRs, it is generally not
appropriate to allow the conversion of a recreational amenity to a property intended for commercial
uses only.
Density/Intensity within the Recreation (REC) category:
As the purpose of the Recreation (REC) category is to denote those areas used to provide recreational
opportunities in a regional context, no maximum density or intensity standards are established.
Relationship to other areas of use and the street system within and adjacent to the Recreation
(REC) land use plan category:
a. Recreation (REC) designations should be used to denote and protect those areas which provide
recreational opportunities on a regional basis.
b. Pedestrian connections to properties within this designation are encouraged and should be
enhanced where feasible.
c. Facilities within this designation are encouraged to take advantage of the expanding trail network
within the City and provide connections to enhance this network.
d. The Recreation (REC) designation should not be applied to every property used as a park or
recreational amenity, only those that serve a larger region as compared to a smaller neighborhood
serving facility.
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h. Conservation (CNS)
Description of the Conservation (CNS) category:
The Conservation (CNS) land use plan category is intended to address the City of Titusville’s desire to
protect and manage impacts to wetlands within the City. The boundaries of the Conservation (CNS)
land use category are generally established utilizing the National Wetlands Inventory (NWI) Map of
1988. The majority of the areas illustrated have not been verified on a site-by-site basis by a qualified
professional capable of identifying and mapping wetland areas. Prior to development, a site-specific
evaluation, including wetlands delineation, shall be submitted to determine the presence of wetlands
within a site. Those areas deemed to be wetlands through a site-specific evaluation shall be protected
and conserved as specified in the Environmental (EN) Goals, Objectives, and Policies of this
Comprehensive Plan and the City’s LDRs.
Purpose of the Conservation (CNS) Category:
The purpose of the Conservation (CNS) category is to protect and preserve those lands determined to
be wetlands. Within this land use plan category, development is limited, and any development shall be
consistent with the Environmental (EN) goals of this Comprehensive Plan. The development of trails
or boardwalks for recreational purposes and enhancement of the City’s trail network are encouraged
to the extent the function of the wetland area is not negatively impacted.
The Conservation (CNS) plan category allows limited uses of property, and requires wetland areas be
verified on a site-by-site basis to properly identify areas that require protection, and those areas where
a Future Land Use Map amendment may be requested to allow development on areas without
wetlands. On areas verified to be wetlands, the Conservation (CNS) plan category will remain unless
otherwise specified in the LDRs; uplands may be changed to a different land use plan category through
the appropriate Comprehensive Plan Amendment.
Density/Intensity within the Conservation (CNS) category:
Maximum allowable density within the Conservation (CNS) plan category shall be one (1) dwelling unit
per five (5) acres. Non-residential uses are not permissible within the Conservation (CNS) plan
category; therefore, a maximum FAR is not established as part of this overlay.
Environmental Impacts: Impacts to areas designated as Conservation (CNS) shall be considered if
permitted by the applicable regulatory agencies.
Relationship to Other Areas of Use and the Street System within and adjacent to the
Conservation (CNS) land use plan category:
a. Conservation (CNS) designations should be used to denote and protect those areas verified to be
wetlands through a site-specific evaluation as described in Environmental (EN) Goal 2.
b. Pedestrian connections to properties within this designation are encouraged, if the property can be
used in a manner to protect the function of the wetlands, and should be enhanced consistent with
the governing restrictive covenant.
c. The City encourages the use of conservation easements rather than the Conservation (CNS) land
use plan category; however, the Comprehensive Plan may be amended to reflect the accurate
boundaries of wetlands if the property owner chooses to amend the Comprehensive Plan rather
than dedicate a conservation easement to the appropriate permitting agency.
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enhance recreational opportunities to residents and visitors while improving the health of the Indian
River Lagoon Shoreline, where possible, in order to promote an active environment.
This plan category promotes mixed-use with a minimum of 2 use types – for example, a multi-family
residential and a non-residential component. Proposed developments should also protect the shoreline
while providing enhanced public recreational amenities.
Developments within the WFO overlay should prioritize the inclusion of pedestrian amenities including
multiuse pathways, bicycle parking areas, and landscape designs that provide shade and are
compatible with proximity to the Indian River Lagoon. Additionally, all development and redevelopment
shall consider the impacts of flooding due to sea-level rise, and adhere to the Goals, Objectives, and
Policies established in the Waterfront (WFO) and Coastal Management (CM) sections of this
Comprehensive Plan. All developments within the Waterfront (WFO) are encouraged to be mixed-use
and all development shall only utilize those areas of a property suitable for development and require
minimal modifications to the Indian River Lagoon shoreline as may be approved by the appropriate
permitting agencies. Higher densities and intensities are encouraged, subject to compatibility and
appropriate transition considerations to adjacent uses. The scale and intensity of existing development
shall be recognized by new development and appropriate transitions and scale shall be applied to
preserve the character along the shoreline.
In order to ensure the integrity of the Indian River Lagoon, proposed developments within this category
shall meet development standards relating to the shoreline, urban design standards,
landscaping/buffering features, a high level of urban services (i.e., public water and wastewater
services, police and fire/EMS services), and the integration of non-residential land uses with the
residential uses as appropriate. It is envisioned that this category will encourage an active shoreline
with active and passive recreation opportunities that are easily accessible and linked to all development,
both new and existing, within the Waterfront (WFO) plan category.
Purpose of the Waterfront Overlay (WFO) Category:
The Waterfront Overlay (WFO) category applies to the entirety of the Indian River Lagoon shoreline
within the City. The Waterfront (WFO) encourages a complementary mix and range of land uses,
focusing on enhancing recreational amenities and public access to the shoreline of the Indian River
Lagoon. New developments and redevelopment should prioritize the development of, and connection
to, a multiuse pathway along the shoreline as appropriate. The Waterfront (WFO) category is intended
to foster the creation of a shoreline providing abundant recreational opportunities for residents and
visitors, while protecting and improving the health of the Indian River Lagoon. The Waterfront (WFO)
category is further intended to implement the redevelopment Goals, Objectives, and Policies of the
Future Land Use Section, especially those within the Waterfront (WFO) section.
Density/Intensity within the Waterfront (WFO) Overlay:
Allowable densities and intensities are established by the underlying Future Land Use category. The
City should explore options to establish a program to allow and incentivize density/intensity transfers
to those properties inland from the shoreline. These transfer incentives will allow for the development
of an equitably accessible shoreline with recreational opportunities while also maximizing appropriate
development within the City.
This district is intended to encourage mixed-use development, either both vertically and horizontally.
Development densities, intensities, and heights shall be determined by the underlying Future Land Use
District except that building heights shall not exceed 4 stories except in the Downtown (D) land use
plan category.
District-wide Maximum Allowable Percentages of Land Use Acreage within the Waterfront
Overlay (WFO) Area:
Residential: 90%
Commercial: 75%
Industrial: 0%
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Recreational: 100%
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HS Policy 1.2.3: The City shall continue to use the CDBG Program and other programs to
construct and/or rehabilitate housing units that will increase the availability of affordable housing
for very low-income and extremely low-income households and other groups with special needs.
HS Objective 1.3: The City shall encourage the equitable distribution of affordable housing throughout its
jurisdiction.
HS Policy 1.3.1: The City shall support fair housing practices.
HS Policy 1.3.2: The City shall further fair housing goals so that a variety of housing choices are
available to households without regard to religion, handicap, age, race, national origin, or marital
status.
HS Policy 1.3.3: The City shall continue to allow housing for those persons desiring adult living
communities and retirement communities through the implementation of the City’s LDRs.HS Objective 1.4:
The City will coordinate between the public, non-profit and private sectors involved in the provision of
housing, community development and redevelopment activities where feasible.
HS Policy 1.4.1: The City shall strengthen communication among the various organizations
comprising the affordable housing market (i.e., public assistance agencies, financial institutions
and realtors) through workshops and participation in regional housing organizations.
HS Policy 1.4.2: The City shall provide funding assistance through the use of CDBG, HOME,
SHIP and other funding programs.
HS Policy 1.4.3: The City shall evaluate and amend, as necessary, the existing policies, and LDRs
which hinders new development or reconstruction of single family affordable housing on non-
conforming residentially zoned lots or parcels that are located in developed neighborhoods with
public infrastructure.
HS Policy 1.4.4: The City will encourage voluntary citizen community services to improve the target
revitalization areas.
HS Objective 1.5: The City shall make adequate provision to appropriately integrate care facilities, group
homes, child/adolescent care facilities and retirement homes into residential areas, neighborhood centers,
and mixed-use areas.
HS Policy 1.5.1: The LDRs shall continue to allow the development of these facilities and establish
additional regulations, as necessary, to ensure these facilities complement and enhance the
character of the neighborhood.
HS Policy 1.5.2: The City shall identify public or private vacant lands or structures that may be
suitable as sites for affordable housing, including for those residents with special needs; and will
identify possible funding sources for the acquisition and development of these properties.
HS Policy 1.5.3: The City shall encourage and assist human service agencies and other
community groups in developing special living facilities to provide housing opportunities for people
with special needs, transitional housing for women or homeless people as appropriate to Cit y of
Titusville population needs.
HS Objective 1.6: The City shall identify and reduce the amount of substandard housing and improve the
structural and aesthetic conditions of existing housing.
HS Policy 1.6.1: The City shall complete an inventory of the condition of the housing stock within
boundaries of the City’s Target areas, at a minimum, for rehabilitation and reduction and update
the inventory periodically to ensure substandard housing is continually identified . This inventory
shall include those housing units suitable for rehabilitation and for demolition, defined as follows:
A. Housing units suitable for rehabilitation would be those which possess significant structur al
damage but the cost for rehabilitation does not exceed the market value of the unit.
B. The demolition of housing units would be those dilapidated units with major structural damage
which endanger the public health, safety, and welfare, and where the cost of rehabilitation
exceeds the market value of the units
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HS Policy 1.6.2: The City shall participate in various federal, state, and financial assistance
programs to improve housing by applying for grants to rehabilitate substandard housing units, and
encouraging assistance programs through the Florida Housing Finance Corporation.
HS Policy 1.6.3: The City shall continue to monitor and evaluate factors which contribute to
neighborhood stability and adopt strategies for neighborhood preservation.
HS Objective 1.7: Substandard structures deemed unfeasible for rehabilitation should be eliminated with
assurance given of fair and adequate compensation and/or relocation assistance to displaced person s and
families.
HS Policy 1.7.1: The City shall consider conducting inspections for residential rental properties
which receive public subsidies to protect the health, safety, and welfare of the tenants.
HS Policy 1.7.2: The City shall continue to use CDBG, HOME, SHIP and other housing funding
programs to rehabilitate or demolish residential structures that cannot be economically preserved.
HS Policy 1.7.3: The City shall facilitate relocation assistance and counseling, as needed, to effect
the clearance of dangerously deteriorated houses.
HS Policy 1.7.4: Utilize Crime Prevention through Environmental Design (CPTED) principles in
order to increase the safety of housing developments. CPTED is a branch of situational crime
prevention, which has as its basic premise that the physical environment can be change d or
managed to produce behavioral effects that will reduce the incidence and fear of crime, thereby
improving the quality of life, and enhancing profitability for business.
HS Policy 1.7.5: The Code Enforcement department will coordinate with the building division to
update the housing conditions database and conduct the necessary code enforcement inspections
to keep the number of substandard and deteriorated units to a minimum.
HS Policy 1.7.6: Continue enforcing the International Property Management Code to address
substandard and deteriorated housing conditions.
HS Policy 1.7.7: Develop neighborhood plans, and implement programs, which strive to reduce or
eliminate destabilizing neighborhood conditions, and include in such plans and programs activities
which include, but are not limited to, greater levels of code enforcement, implementing
neighborhood watch programs, "Safe Neighborhoods" programs, and Community Development
Block Grant programs.
HS Objective 1.8: As a result of public action, such as the construction of roads or utilities, any occupant
of a housing unit displaced shall be equitably relocated.
HS Policy 1.8.1: The relocation of housing should be comparable to the existing dwelling as much
as possible, with emphasis on the number of rooms, size of living space, location to commercial
and public facilities and place of employment and shall be within the financial means of the
displaced household. Relocation housing shall be a safe, sound, and sanitary dwelling unit meeting
all locally adopted minimum housing codes.
HS Policy 1.8.2: The City shall ensure that relocation housing or equitable compensation shall be
provided prior to the time displacement occurs, when displacement is due to City action.
HS Policy 1.8.3: Prior to the City’s approval for any change of land use or demolition of housing
occupied by extremely low, very low, or moderate income families, the City shall adhere to a
Relocation and Displacement Plan in accordance with the Uniform Relocation Act, as amended.
HS Objective 1.9: The City shall promote the preservation of historically significant housing and encourage
its utility as a viable affordable housing option.
HS Policy 1.9.1: The City shall continue to identify, evaluate, protect and preserve housing which
is historically significant. Historically significant housing would include those houses listed on the
National Register of Historic Places, the Florida Master Site File, and the City Historic Register,
and provide assistance where appropriate.
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A dwelling unit that is subsidiary to the primary use of the property. Also referred
to as granny flat, mother-in-law suite, security dwelling unit, or carriage house.
ADU’s are used to allow extended family to reside on the same lot as a single -
Accessory Dwelling family home, or to generate revenue, thus increasing affordability, of a single-
Units (ADU) family home. The units may be attached to or a part of the principal structure, or
may be detached elsewhere on the lot. Units used for security are often
associated with uses that operate twenty-four hours per day or that have
enhanced security requirements.
A courtyard apartment, also known as stacked flats, consists of multiple side -by-
side and/or stacked dwelling units accessed from a courtyard or series of
Courtyard courtyards. Each unit may have an individual entrance, or several units may
Apartment share a common entry. This housing typology enables higher densities at
appropriate scale when in proximity to other higher density development
typologies.
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HS Strategy 2: Amend the LDRs to include new housing typologies for development in
appropriate areas of the City.
HS Strategy 3: The City shall support fair housing practices by:
A. Implementation of the Fair Housing Act Chapter 760.20, F.S., in all housing, development and
planning activities.
B. Providing information, technical assistance and developing incentives programs to meet the
affordable housing needs.
C. Cooperating with developers who build HUD subsidized projects.
HS Strategy 4: Develop an inventory of housing stock per Housing (HS) Policy 1.6.1.
HS Strategy 5: Coordinate with the Titusville Housing Authority on HUD related grants to
redevelop the affordable housing stock maintained by the Authority and revitalize the surrounding
neighborhoods.
HS Strategy 6: Consider submitting a HUD Choice Neighborhoods Planning or Implementation
Grant to implement and further the Goals, Objectives, and Policies of this Comprehensive Plan.
HS Strategy 7: Maintain a database of residential units that may be in need of rehabilitation or
demolition.
HS Strategy 8: Develop policies for tiny homes as an affordable housing option.
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V. Natural Resources
Managing and protecting the environment and natural resources requires the collective effort of all people
who call Titusville “home.” Through the titusvilletomorrow vision exercises, it is clear that residents are
concerned about, and want to conserve and preserve, our open space and natural resources to ensure
these areas will be appreciated for future generations. To achieve these goals, energy should be focused
to define what will be a lasting legacy – maintaining the city’s status as the “Gateway to Nature and Space.”
Those who are vested in Titusville care about the stewardship of the City’s natural resources. It is important
to maintain this unique environmental diversity, while being the economic generator in the Space Coast.
This Comprehensive Plan serves as a tool to evaluate new development requ ests; direct capital
improvement expenditures; preserve and conserve natural habitat and environmental resources; and
provide guidance in government organization in a way that ensures that Titusville maintains the
environment and sense of place that its citizens desire.
In the Natural Resources portion of the Comprehensive Plan, the framework for park development and
environmental protection will be established in the Goals, Objectives, Policies (GOPs) and strategies that
will create the “Natural Spaces” in which Titusville can thrive and continue to grow as the center of Florida’s
Space Coast. The Open Space GOPs identify appropriate parks and recreational opportunities and level
of service standards for park access as growth occurs are based on proximity to residential development.
OS Objective 1.1: The City shall ensure that the public has reasonable access to water bodies, multi-use
trail systems and recreational opportunities. Existing Parks are illustrated on Map 9 within this section.
OS Policy 1.1.1: The City should coordinate with Brevard County to enhance and improve the
accessibility of parks and recreational facilities while protecting their quality, and identify
opportunities to make public facilities, including parks, more accessible to individuals of various
ages and abilities.
OS Policy 1.1.2: The City shall preserve existing public access to waterbodies, such as the Indian
River Lagoon, Fox Lake and South Lake, and view corridors through development controls and
acquisitions.
OS Policy 1.1.3: The City should develop, where economically feasible, greenways and trails, and
connect them to regional trails as identified in cooperation with federal, state and regional partners.
OS Objective 1.2: The City shall ensure that newly developed or renovation of open spaces consider
universal design, whether the open space is intended to be public or part of a private development.
Policy 1.2.1: Encourage the development of an “ALL CHILDREN’S PLAYGROUND” (designed
for children with and without disabilities).
Policy 1.2.2: New open spaces should be accessible by all users and provide a variety of
recreation options.
OS Objective 1.3: The City shall ensure that current and new open space uses are compatible with the
physical characteristics of the area and adjacent land uses and features of the area .
OS Policy 1.3.1: Parks should be designed to be compatible with the surrounding natural and built
environment.
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OS Policy 1.3.2: Parks shall be designed so one use does not destroy the value of the site for
other intended purposes.
OS Policy 1.3.3: The City shall give consideration to the impacts of new park sites (transportation,
character of adjacent property, noise activity level, etc.) on surrounding areas.
OS GOAL 2: To acquire and preserve, within budgetary limits, any and all areas identified within this plan
to be natural open space for recreational purposes.
OS Objective 2.1: To preserve areas with open space and recreation potential for the current and future
needs of the City.
OS Policy 2.1.1: The City should establish selection criteria in order to set priorities for
acquisition/preservation of recreation and open space lands. These criteria shall contain, as a
minimum, the following:
A. Maximum Utility – a measure of the number of recreational activities for which natural features
of the site are suitable, the more possible uses of the site, the greater its suitability for park
purposes.
B. Aesthetic Quality – a measure of amenity values due to the existence of topography, forests,
water, historic association, or other identified feature.
C. Cost – a measure of land value.
D. Supply and demand a measure of the ratio between the supply of available parks and the
measure of demand for recreation taken from a survey and estimated for each of a number of
subareas of the city; areas of high demand relative to supply are given higher priority
E. Other Facilities – a measure as proximity to major existing City, County, State or Federal
recreation facilities; the higher the proximity to such existing facilities, the lower the priority for
a City park at the location, unless the property provided greenway and trail connectivity.
F. Accessibility a measure of proximity to people and transportation facilities; the better the
accessibility, the higher the suitability of a site for a City park.
G. Threat of loss a measure of potential for urban development; the greater the development
pressure, the higher the priority to acquire the site for parkland/open space.
H. Open Space properties which have a diversity of natural resources.
I. Properties that are of ecological, historical or archaeological value.
OS Policy 2.1.2: The City shall study the feasibility of converting publicly owned surplus properties
into park and open space before attempting to sell currently owned parcels
OS Policy 2.1.3: Open spaces, defined as any land or water that affords unobstructed physical
movement and is relatively free of defacing man-made structural mass, and shall be provided within
urbanized areas for the aesthetic, health, environmental and economic benefits. Open Space shall
be provided through the utilization of acquisitions, conservation easements, donations, and
incentives through private development.
OS Policy 2.1.4: The City shall evaluate establishing a level of service standard for trails, bicycles
and greenways as part of a Parks and Greenways Plan or Multimodal Transportation Master Plan.
OS Policy 2.1.5: The City should coordinate with Brevard County to ensure citizen participation
opportunities in all recreational planning activities in order to assess perceived needs.
OS Objective 2.2: The City shall encourage the provision of open space by public and private enterprise.
OS Policy 2.2.1: The City shall examine all possible private and public resources to enhance its
current and future recreation/open space areas and programs including:
A. Land acquisition
B. Development of areas and facilities
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OS GOAL 3: Ensure access to appropriately scaled opportunities for recreation and park amenities within
the downtown, along the waterfront and gateway corridors, and within neighborhoods. These facilities
should be easily accessible, designed, and located to facilitate maximum utilization by residents and
visitors.
OS Objective 3.1: Provide high quality urban open spaces that contribute to downtown as a vibrant,
attractive, and welcoming destination for residents, employees and visitors.
OS Policy 3.1.1: Existing publicly owned land should be leveraged to create high value open
spaces that provide great gathering places for residents and be used as a tool incentivize private
sector redevelopment.
OS Policy 3.1.2: Open spaces within downtown should include pocket parks to serve daily needs
as well as larger / regional / significant open space to accommodate community gatherings.
OS Policy 3.1.3: The City, where feasible, shall connect neighborhoods to each other and to
commercial, educational, and recreational destinations and regional trails through the development
of local greenway and trail networks.
OS Objective 3.2: As development occurs, the City shall ensure that the Gateways Corridors have
appropriate open spaces to provide aesthetic value for the city and recreational opportunities for those who
live and work along the corridors.
OS Policy 3.2.1: Usable open spaces should be included in large-scale development along the
corridors for the use of residents, employees, and visitors.
OS Policy 3.2.2: As redevelopment occurs, the City may coordinate with Brevard County to ensure
recreation opportunities are provided as necessary.
OS Objective 3.3: The City shall encourage the provision of open spaces near major employment areas
for the use of employees during business hours.
OS Policy 3.3.1: Usable open spaces such as plazas and pocket parks should be included in large
employment-based developments to provide areas for relaxation or exercise outside during lunch
and break times.
OS Policy 3.3.2: Major employment areas should be considered in the planning of park locations
and public recreation facilities to provide areas for employee recreation and to utilize opportunities
for shared parking.
Open Space (OS) Strategies
OS Strategy 1: Develop and maintain a Recreation and Open Space Master Plan that:
A. Promotes the management, maintenance, and improvement of publicly owned recreational
assets.
B. Identifies land for potential acquisition or dedications for parks, recreation, conservation and/or
open space including:
1. Preservation that would conserve or preserve certain natural, geologic, or historic resource
elements; maintain natural processes; restore or enhance degraded natural areas; protect
environmentally sensitive areas; or protect endangered or threatened species.
2. Preservation in areas that are currently deficient in recreational facilities.
3. Preservation that would provide an optimal location based on recreational needs of
anticipated future development.
4. Prioritizing potential recreational areas most vulnerable to immediate development for
acquisition.
5. Prioritizing conservation of wildlife corridors and critical habitats identified by the East
Central Florida Regional Planning Council (ECFRPC).
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MAP 6. PARKS
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B. Environmental (EN)
EN GOAL 1: To preserve and enhance the quality of the natural environment through preservation,
conservation, and appropriate management of vital natural resources, including air, water (both potable
and non-potable), and factors that affect energy conservation.
EN Objective 1.1: The City shall preserve and protect trees and native vegetation.
EN Policy 1.1.1: The conservation of trees and native vegetation, shall be accomplished by
continued City tree maintenance on City properties and through the plan review process for new
development.
EN Policy 1.1.2: The City will continue to discourage clear cutting of land by incentivizing new
developments to integrate existing healthy, native vegetation into landscape plans. Assure the
maintenance and conservation of trees and native vegetation within the City, through the continued
maintenance of trees within City properties and through the site plan review process for new
development.
EN Policy 1.1.3 The City will prevent clear cutting of land by requiring new developments to
integrate existing healthy non-exotic vegetation into landscape plans. The City will not allow the
total removal of vegetation during land development. New development applications and
landscape plans shall emphasize the maintenance of indigenous vegetation, rather than clearing
and replanting.
EN Policy 1.1.4: Landscape plans and plant materials required of new development shall continue
to promote the use of native plant species and avoid the planting of invasive exotic plants.
EN Policy 1.1.5: The City recognizes the value of trees as an important resource. The City shall
implement the LDRs related to tree preservation through the permitting process and the City tree
ordinance to afford trees adequate protection during development through best management
practices. These regulations at a minimum shall include:
A. Allowing developers the latitude in some cases to devise alternative strategies to save and
preserve trees during development;
B. Levy of fines for the unlawful removal or damage to trees as provided by the LDRs; and
C. Protection zone requirements to protect preserved trees before during and after construction.
EN Policy 1.1.6: Exotics and nuisance species listed as either Type I or Type II invasive exotics
as determined by the Florida Exotic Pest Plant Council (FEPPC) or the University of Florida’s
Institute of Food and Agricultural Sciences (UF/IFAS) shall be removed from development sites
prior to final acceptance of the permitted improvements.
EN Policy 1.1.7: The City shall ensure the protection and preservation of high quality native
ecosystems through acquisition whenever it is economically feasible. The City shall also support
cooperative land acquisition efforts for protection of the environment.
EN Policy 1.1.8: The City shall incentivize the preservation of tree canopy coverage with land
development regulations and a tree planting program.
EN Policy 1.1.9: Consider the community’s street trees infrastructure and all efforts will be made
to preserve and protect these trees as a community and private property asset.
EN Policy 1.1.10: Natural vegetated buffers should be retained around wetlands in order to protect
the functional value of the wetlands.
EN Objective 1.2: To prevent adverse effects by resource extraction within the City.
EN Policy 1.2.1: Commercial mining shall not be allowed in the City of Titusville.
EN Objective 1.3: To reduce potential harm to the environment by strict control and regulation of the
emission, storage and movement of hazardous waste and substances.
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EN Policy 1.3.1: The City, through coordination with Brevard County, shall ensure safe and cost
effective alternatives to improper waste management and disposal shall be provided through
increased availability and access to hazardous waste storage/transfer facilities.
EN Policy 1.3.2: Any storage of hazardous material within the Areas of Critical Concern shall be
regulated according to the City’s adopted “Aquifer Protection Ordinance”.
EN Policy 1.3.3: The City shall, in cooperation with Brevard County, distribute materials to educate
the small-scale generators of hazardous waste/materials (i.e., dry cleaners, automotive repair, and
single-family residence) about proper use, storage and disposal of these materials.
EN Objective 1.4: To minimize the adverse effects of non-point source emission of pollution by maintaining
an effective transportation network.
EN Policy 1.4.1: Adopted level of service on all facility types throughout the network should be
maintained to reduce unnecessary vehicle idling emissions.
EN Policy 1.4.2: A comprehensive bicycle and pedestrian plan should be developed to encourage
utilization of non-emission forms of transportation.
EN Objective 1.5: To minimize the adverse effects of point source emission of pollution through the land
development and regulatory process.
EN Policy 1.5.1: The inter-mixing of land uses to minimize vehicular trips for work, shopping and
other trips is encouraged.
EN Objective 1.6: To protect streams, lakes, rivers, estuaries, wetlands and the shoreline from
environmentally destructive alterations, both qualitative and quantitative, and to further the preservation of
aquatic life, particularly state and federal listed wildlife species and their habitat.
EN Policy 1.6.1: The City should support programs to protect or restore littoral vegetation in and
adjacent to a waterbody in order to prevent shoreline erosion, filter out nutrients and provide wildlife
habitat. The removal of native emergent, submerged or floating vegetation in the littoral zone of a
waterbody shall be limited to that necessary to provide reasonable access, or which is part of a
government sanctioned aquatic plant control program.
A. “Littoral zone” includes the area between the ordinary high water line and the most waterward
extent of native emergent, submerged or floating non-algae vegetation.
B. “Waterbody” includes all water of the State and all lakes or ponds greater than one (1) acre in
size.
C. “Reasonable access” includes clearing of vegetation for purposes of health or safety, to provide
river access for private recreation (not to exceed 20 linear feet of shoreline cleared per parce l
of waterfront property), or as necessary for government approved public or private water
dependent projects.
EN Policy 1.6.2: Erosion and sedimentation control practices shall be employed for all urban
development and agricultural activities where needed to protect natural waterbodies, water
courses, and wetlands from siltation. The following minimum criteria shall apply:
A. Adequate erosion and sedimentation control practices are those recommended by the U.S.
Department of Agriculture’s Natural Resource Conservation Service (NRCS) and which are
designed to substantially reduce or eliminate soil loss into waterbodies and wetlands.
B. Clearing of specific building sites shall not commence until the developer is permitted for
construction on that site. Clearing shall be limited to that area to be covered by construction
and necessary drive and walkways. In all other areas the native vegetation should remain
undisturbed where possible.
C. Approved techniques to control wind erosion shall be used during clearing and site preparation
for development or agricultural activities.
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D. Seeding and mulching, or other stabilizing actions of disturbed areas shall be undertaken within
7 days to completion of clearing work on a development site.
E. Waterfront construction shall be required to use appropriate erosion and siltation control
practices during and after construction to prevent siltation of the adjacent waterbody.
F. Stormwater management systems shall be designed to ensure that water velocities remain
below those which would cause scour and/or erosion.
EN Policy 1.6.3: Marinas which service boats with on-board facilities, shall be required to provide
sewage pump out and appropriate disposal of effluent.
EN Policy 1.6.4: Alternatives to copper-based or other metal-based anti-fouling bottom paint used
on boats shall be encouraged in order to reduce the harmful effects of heavy metal
bioaccumulation.
EN Policy 1.6.5: Marinas shall be located in areas where maximum physical advantage exists;
where the least dredging and maintenance are required; and where aquatic resources will not be
adversely affected.
EN Objective 1.7: To ensure the education of the City’s residents, visitors, and water consumers of the
need to conserve and protect all water sources and other natural resources and to promote the efficient
use of all water through a public outreach program.
EN Policy 1.7.1: The City shall continue to maintain a vigorous water conservation education
program that includes promoting the value of all water sources and resources.
EN Policy 1.7.2: The City shall continue to promote the use of water efficient devices and educate
the public as to the types of devices available and their use, and provide such devices and/or
provide programs to reduce the financial impact of the purchase of such devices.
EN Policy 1.7.3: The City shall use various forms of media to ensure its conservation message
reaches the greatest possible number of residents, visitors, and water consumers.
EN Policy 1.7.4: The City shall continue to support ongoing educational programs promoting
Florida-Friendly landscaping techniques and the use of Florida native plants, as well as the need
to reduce, increase the efficiency thereof, and/or eliminate outside irrigation.
EN Policy 1.7.5: The City shall continue to educate its residents as to outside irrigation restrictions
as set by code and the SJRWMD’s amended landscape irrigation rule, 40-C-2.042 Florida
Administrative Code (FAC).
EN Policy 1.7.6: The City shall continue to increase the penetration level of its conservation public
education and outreach program by partnering with other agencies and groups.
EN Policy 1.7.7: The City shall continue its public education and outreach in regards to stormwater
management and nutrient reduction strategies.
EN Policy 1.7.8: The City shall support ongoing education programs about native plant and listed
animal species and the diversity of natural communities.
EN Objective 1.8: To ensure the preservation of wildlife, particularly threatened and endangered species
and the protection of their habitat; identify and conserve important natural resources and critical habitat
where economically and environmentally feasible; and to prevent adverse alterations to these areas.
EN Policy 1.8.3: The City shall cooperate with the State in acquiring and conserving
environmentally endangered lands to be preserved through acquisition and/or regulations.
EN Policy 1.8.4: The City shall maintain, to the best of its abilities, the populations of wildlife
species which are state and federal listed and their habitat, and shall restrict activities within these
areas known to adversely affect the survival of these species per regulations by permitting
agencies.
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EN Policy 1.8.5: The owner/developer of property in the City, which requires site plan approval,
shall be required to perform an environmental study, as appropriate. Any stipulations and/or
management plans required by the applicable regulatory agency or agencies will be included in the
required plan approval.
EN Policy 1.8.6: The City shall purchase, if economically feasible, properties identified as critical
habitat by the USFWS, NMFS, FDEP, FFWCC, and FDACS. The selection criteria to be used in
determining these properties shall place greater weight on the selection of lands, which appear on
inventories of endangered or threatened species, even though public use and recreation may not
be appropriate. The following criteria shall be adhered to in the implementation of t his policy: The
protection of critical habitat can be accomplished through acquisition, easements, Transfer
Development Rights, Purchase Development Right and other best management practices.
Furthermore, acquired land should be selected based on the need to prioritize all current fiscal
obligations of the City’s resources, and priority shall be given to the protection or acquisition of land
which are identified as environmentally endangered lands and to those areas known to be important
as “habitat corridors” in the movement of wildlife.
EN Policy 1.8.8: Where acquisition of identified wildlife habitat is not fiscally possible, any public
or private use of land shall be designed to minimize harm to the state and federal listed wildlife
species and its habitat. In enforcing this policy, the City shall recognize the species as “listed” by
the USFWS, NMFS, FDEP, FFWCC, and FDACS.
EN Policy 1.8.9: The City shall work cooperatively with the FWS and the FFWCC to protect and
promote the recovery of species designated by these agencies as listed wildlife species.
A. The City shall require applicants of a development order to provide determination of these
agencies when development proposals are received for sites documented as having historic
and/or current occurrences of state or federal listed wildlife species;
B. The City shall consult with these agencies for technical assistance consultation; or
C. The City shall cooperate with these agencies in locating potential introduction sites for
designated species on existing conservation lands.
EN Policy 1.8.10: Mitigation of environmentally damaged areas shall occur as per State and
Federal regulations. If within a reasonable time, for the particular species, mitigation has not been
successful, the responsible party shall replant or act to “mitigate” the problem.
EN Policy 1.8.11: When one or more individuals of state or federal listed wildlife species are found
on a site undergoing development activities for which no management plan has been adopted, said
activities shall cease until a management plan has been prepared and found to be acceptable by
the City.
EN Objective 1.9: To preserve and enhance the quality of the natural environment and human health
through sustainable practices, preservation, conservation, and appropriate management of natural
resources.
EN Policy 1.9.1: Environmentally sensitive natural resources, including water bodies, wetlands,
native vegetation, and wildlife habitats, should be protected and enhanced through preservation
and conservation best practices and by encouraging Florida friendly landscape design in developed
areas.
EN Policy 1.9.2: Water and energy-saving features in new development and public investments
is encouraged, including requirements for Florida-friendly landscape design and requiring
reclaimed water system or dry lines in appropriate locations.
EN Policy 1.9.3: Development and management techniques that maintain water quality including
implementation of the City’s aquifer protection ordinance and best management techniques for
agricultural operations shall be encouraged. Innovative techniques that improve water quality are
encouraged.
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EN Policy 1.9.4: Energy-efficient non-motorized and public transit options and reduction in
vehicles miles traveled through infrastructure planning, land use regulation, and investment of fees ,
as may be allowed, to reduce energy usage and non-point source air pollution is encouraged.
EN Policy 1.9.5: Standards in the LDRs that eliminate the negative impacts of point source air
and water pollution, including hazardous waste and substances, shall be developed and
implemented.
EN Policy 1.9.6: Education of the City’s residents, business owners, and visitors about sustainable
practices for water, energy, and natural resource conservation shall be explored and provided.
EN Policy 1.9.7: The City shall coordinate with Brevard County and encourage recycling and
resource recovery efforts in the City.
EN Policy 1.9.8: All development shall comply with Federal, State, and County criteria for
environmental protection where applicable, through review by agencies which may include the U.S.
Army Corp of Engineers, St. Johns River Water Management District, Florida Department of
Historic Resources and Brevard County.
EN Objective 1.10: To encourage the preservation/protection of wetlands according to their function by
implementing programs locally and in conjunction with other governmental entities.
EN Policy 1.10.1: The development of wetlands shall be addressed in the LDRs according to the
following criteria:
A. The protection of the wetlands shall be determined by the functional value of the wetland.
B. The development of land under all land use categories shall take into consideration natural
constraints such as flood hazard, wetlands, soil suitability and aquifer recharge potential.
EN Policy 1.10.2: Proposed land uses, which are compatible with the function of wetlands, shall
be identified within a conservation land use designation on the Future Land Use Map and further
addressed in the LDRs.
EN Policy 1.10.3: Wetlands shall be defined consistent with existing state and federal regulatory
agencies.
EN Policy 1.10.4: Land development impacts on designated wetlands shall be assessed based
upon the functional value of wetlands. The functional value assessment criteria for wetlands shall
include, at a minimum, consideration of:
A. Size;
B. Capacity for flood storage or flow regulation;
C. Potential as wildlife and/or fisheries habitat; including listed species
D. Rarity as a vegetative community type;
E. Degree of prior adverse impacts which would limit the future viability of wetland (e.g., invasion
by upland or exotic species, fire, permanent alteration of drainage patterns); and
F. Potential for recreational use.
EN Policy 1.10.5: Activities whose impacts are assessed to be minimal, or offset by mitigation
measures, shall be addressed in the LDRs and shall utilize the following criteria:
A. The activity is necessary to prevent or eliminate a public hazard;
B. The activity would provide direct public benefits which would exceed those lost to the public as
a result of the degradation or destruction of wetlands (e.g., right-of-way for public roads or
utilities). and
C. The activity is proposed for wetlands whose functional values are so limited that their loss does
not significantly affect the public interest (i.e., inherent in this statement is that this land can be
utilized as recreational, conservation, open space or low density residential areas).
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EN Policy 1.10.6: Mitigation for unavoidable impacts to wetlands, which possess significant
functional value as determined by a functional assessment, shall be addressed in the LDRs.
EN Policy 1.10.7: Monitoring shall be required to ensure that all mitigation or compensation efforts
are successful.
EN Objective 1.11: To consider soil as a non-renewable resource and to promote and encourage the
protection and management of this resource to ensure its longevity by controlling the encroachment of
urbanization on soil types poorly suited for development.
EN Policy 1.11.1: During land clearing and site preparation, wetting operations or other soil
treatment techniques appropriate for controlling dust and silt (including seeding and mulching of
disturbed areas) shall be undertaken and implemented by the developer.
EN Policy 1.11.2: Development of land shall take into consideration natural constraints such as
flood hazard, wetlands, soil suitability and aquifer recharge potential, and shall be restricted
depending upon the severity of those constraints.
EN GOAL 2: To identify and protect wetland areas within the City as illustrated within the Conservation
(CNS) plan category which is based on 1988 National Wetlands Inventory (NWI) data.
EN Objective 2.1: To identify wetland areas on a site-by-site basis as properties are developed, or
Comprehensive Plan Amendments are requested.
EN Policy 2.1.1: Prior to development of property that lies partially or wholly within the
Conservation (CNS) plan category, the owner/developer shall engage a qualified professional to
conduct a site-specific evaluation and report on wetland areas on the subject property.
EN Policy 2.1.2: Those areas determined to be wetlands shall be protected and/or mitigated to
meet the City’s goal of no net loss of wetlands.
EN Policy 2.1.3: Those areas determined not to be wetlands may be removed from the
Conservation (CNS) plan category so long as wetland areas remain within the CNS category or are
protected through a conservation easement or other legal instrument acceptable by the City.
EN Objective 2.2: To protect those areas determined to be wetlands through a site-specific evaluation
and report and achieve no net loss of wetlands.
EN Policy 2.2.1: Areas deemed wetlands shall remain in the Conservation (CNS) plan category
unless protected by a conservation easement or other legal instrument acceptable by the City.
EN Policy 2.2.2: At a minimum, wetlands areas five (5) acres or more in size shall be dedicated
to the SJRWMD or other agency with a conservation easement, or designated with the
Conservation (CNS) plan category.
EN Policy 2.2.3: Wetland areas less than five (5) acres shall be protected through creative site
design and clustering of development to avoid impacts to these areas and achieve the goal of no
net loss of wetlands. Wetland areas less five (5) acres may also be placed within the Conservation
(CNS) plan category upon request of the property owner.
EN Policy 2.2.4: In addition to the allowable uses consistent with the Conservation (CNS) plan
category, the City may choose to specify conditional uses in the LDRs, with criteria based upon the
mitigation policies of the U.S. Fish and Wildlife Service. At a minimum, the criteria to be considered
for approval of a conditional use shall include:
A. The use is ecologically sound;
B. The use is water dependent or water related and there is a documented public need;
C. The use is the least environmentally damaging alternative;
D. There is no practical alternative to ensure reasonable use of the applicant’s property; and
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E. Any unavoidable damage or loss of wetland shall be mitigated to ensure no net loss of wetlands
and no loss of functional value as required by Federal, State, and/or St. John’s River Water
Management District.
Environmental (EN) Strategies
EN Strategy 1: Evaluate shoreline regulations on a regular basis and consider amendments based
on Best Management Practices as necessary.
EN Strategy 2: Develop a procedure to identify environmentally sensitive lands. Review and
evaluation shall include at a minimum the following:
A. State and federal listed wildlife and estuary life species habitats.
B. Wetlands, natural lakes, lagoon and rivers.
C. Upland native vegetation that are rare and depleting in the City/County
D. Undisturbed and undeveloped 100-year flood plains.
E. Wellhead protection area and Areas of Critical Concern.
F. Critical habitats identified by the ECFRPC.
G. Habitat Corridors.
EN Strategy 3: Evaluate the feasibility of amending the Conservation (CNS) plan category
requirement specified in Environmental (EN) Objective 2.2 to include wetland buffers and
ground truth procedures.
EN Strategy 4: Analyze the City’s tree canopy coverage and establish a minimum tree canopy
coverage goal.
EN Strategy 5: Review and evaluate wellhead protection in the ACC. Consider the following
regulatory tools by amending the Code.
A. Necessary surface grading and vegetation clearing shall be minimal and occur only in vehicular
access ways and utility rights of way, retention areas, or as authorized by Council.
B. Require future development of 5 acres or more within the ACC to utilize conservation
subdivision design process with 50% or more open space with emphasis on maintaining natural
topography and native vegetation. Adjustment of lot sizes would be authorized by the LDRs.
C. Require the City to evaluate a program to extend/expand the reclaimed water system to the
Northern and Southern ACC and create an action to implement such plan.
D. Require new subdivisions to install wet or dry reclaimed water systems in the ACC and to
connect when available.
E. The City within 2 years evaluate restricting within the ACC landscaping to xeriscape, native
plants and vegetation and restricting lawn grasses to drought tolerant grasses.
F. The City will evaluate restricting deep wells within the zones surrounding municipal wells.
EN Strategy 6: The City will develop a standard for the preservation of natural vegetated buffers
to be retained around wetlands in order to protect the functional value of the wetlands. The City
will evaluate the feasibility of an average minimum (e.g. 15 feet) to be maintained around the
wetland or such additional width as may be established by the LDRs. If existing v egetation
buffers do not exist, then they may be established.
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(single-family rate) = Water demand of 1.557 MGD, which exceeds the current 0.962 MGD available
water capacity.
Assuming the non-residential growth will not exceed one million square feet x ERU factor of 0.334 for
typical commercial and industrial uses = Water demand of 0.084 MGD.
The design capacities of the water and wastewater plants are not adequate to accommodate the build-out
scenario of vacant land; however, based on the historical rate of growth and development design and
wetland preservation regulations (approximately 25% of the 4,810 vacant acres are possible wetlands) it is
unlikely the City will reach this full potential. Capital improvements still may be necessary to increase
transmission capabilities and treatment plant expansion as development occurs. This may include
constructing additional wells permitted as part of the City’s approved Consumptive Use Permit.
The most recent EAR estimated the current design capacities of the water and wastewater plants are
adequate to accommodate a 10-year build-out scenario; however, by the next EAR, additional capacity
improvements or programming may need to be planned to accommodate the 2040 estimated growth. The
rate of water consumption relative to new growth has declined in the past few decades. This can be
attributed to better cooling methods that cut water use for thermoelectric power, and water use efficiencies,
improved standards for many appliances and fixtures and laws requiring low-flow fixtures. The City runs a
toilet and low flow showerhead rebate program; instituted a city-wide digital meter readout system, and
provides reclaimed water to commercial development in key areas. These efficienc ies could significantly
reduce the need for additional water and wastewater capacity by the end of the planning horizon. Capital
improvements still may be necessary to increase transmission capabilities with some treatment plant
expansion as development occurs. This may include constructing additional wells permitted as part of the
City’s approved Consumptive Use Permit and master utility planning for the Antigua Bay and Willow Creek
developments and other areas.
MT Objective 1.1: The City shall improve and maintain safety, convenience, connectivity, and energy
efficiency within the transportation system.
MT Policy 1.1.1: The City shall use the LOS standards established in CIE Policy 1.5.1 - CIE
TABLE 1.
MT Policy 1.1.2: The City shall require transportation connectivity between land uses and
development sites in the LDRs to provide for multiple access points for emergency management
and to facilitate multiple modes of transportation.
MT Policy 1.1.3: Parking facilities shall be convenient to major trip generators, attractors, and
intermodal terminals within the City, and provisions for appropriate parking based on development
typology shall be included in the City’s LDRs.
MT Policy 1.1.4: The City shall cooperate with Brevard County and the Space Coast
Transportation Planning Organization in the use of transportation demand management strategies
as a means to preserve capacity of existing transportation systems; reduce peak hour travel
demand and the number of vehicle miles traveled; and establish a transportation performance
monitoring system.
MT Policy 1.1.5: The City shall evaluate, and whenever feasible, support transportation systems
management activities that will reduce travel demands, and multimodal transportation to conserve
energy, reduce greenhouse gases, reduce noise, water and air pollution and discourage urban
sprawl.
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MT Objective 1.2: The City’s transportation policies and standards within the LDRs and Capital
Improvement Program shall be consistent with the various elements of the City’s adopted Comprehensive
Plan.
MT Policy 1.2.1: The City shall coordinate with local, regional and state transportation agencies
to ensure that transportation planning supports land use objectives.
MT Policy 1.2.2: Expansion of transportation related facilities within the City shall be realized
consistent with the goals and policies of this Comprehensive Plan and the LDRs.
MT Objective 1.3: The City shall strive to provide multimodal transportation options to promote alternative,
non-auto dependent modes of transportation. The City shall provide bicycle and pedestrian ways through
development of bicycle and pedestrian master plans, LDRs, and development controls.
MT Policy 1.3.1: The City shall evaluate the implementation of Complete Streets Policies to
design, build, and maintain transportation facilities in a manner that accommodates not only
automobiles, but transit vehicles, golf cart crossings and non-motorized modes of travel such as
pedestrian ways and bicycle paths, and also accommodates the disabled. Complete Streets shall
seek to be aesthetically pleasing and provide for a tree shaded and comfortable environment for
all users. The City shall continually pursue funding to beautify streets.
MT Policy 1.3.2: The City shall continue to strengthen its identity as a Trail Town by enhancing
the bicycling and pedestrian network through the construction of bicycle and pedestrian
infrastructure, amenities, and by seeking to provide wider sidewalks (above the five (5) foot
standard), where feasible. In new development or redevelopment, walking and bicycling shall be
promoted by establishing pedestrian-friendly streets with sidewalks and/or bike paths.
MT Policy 1.3.3: Missing links in the bicycle and pedestrian network shall be identified and
eliminated where feasible through the development and capital improvement process. Missing links
may include locations between cul-de-sacs, through walls or fences, mid-block where block length
exceeds 660 feet, or where bicycle pedestrian routes would otherwise be “excessively” circuitous .
MT Policy 1.3.4: Highest priority for improvements shall be given to locations with high
concentrations of pedestrian activity and where connections are needed to ensure easy access
between transportation modes, with particular attention to bicycle and pedestrian access to
schools, transit stops, and regional greenway or trail systems.
MT Policy 1.3.5: The City should explore options to reduce parking numbers in activity centers
such as downtown and neighborhood nodes if pick-up and drop-off zones are provided to
encourage ride-sharing and accommodate autonomous vehicles.
MT Objective 1.4: The City shall coordinate with surrounding governmental entities to ensure that the
most efficient and cost effective course of action is followed to implement transportation system plans and
that the area-wide coordination necessary to implement all provisions of this mobility element occurs.
MT Policy 1.4.1: The City shall identify the transportation needs and issues of the City that shall
be addressed through coordination with local, SCTPO, regional and state plans, and the FDOT
Adopted Work Program.
MT Policy 1.4.2: The City shall participate in the development of a system-wide multimodal
transportation network master plan that includes a bicycle and pedestrian component.
MT Objective 1.5: The City shall support comprehensive multimodal transportation planning to examine
public transit service needs based on existing and proposed major trip generators and attractors, and
growth trends shall be addressed.
MT Policy 1.5.1: The provision of transit service to the City shall be coordinated with Space Coast
Area Transit as part of their capital improvement and transit development planning process.
MT Policy 1.5.2: The City shall continue to explore the option of increasing transit routes and
frequencies.
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MT Policy 1.5.3: The City shall support and participate in the efforts to establish passenger rail
service along Florida’s East Coast railway and establishing a service station in the City.
MT Policy 1.5.4: The City shall coordinate with Space Coast Area Transit in the provision of bus
shelters along transit routes, particularly in areas of frequent use; the provision of benches,
signage, lights, and covered or enclosed waiting areas; and, the provision of bicycle parking at
transit stops and bicycle racks on buses in order to interface bicycle travel with public transit .
MT Objective 1.6: The City shall ensure new development does not compromise the ability of the City to
accommodate complete streets, and multiple forms of transportation.
MT Policy 1.6.1: Management of Rights-of-way shall be implemented through standards within
the LDRs, and by ensuring right-of-way is secured as infrastructure and/or master plans are
implemented to minimize costs and facilitate planning and design activities.
MT Policy 1.6.2: The City may consider vacating street rights-of-way only if the vacation does not
prevent reasonable connection for existing and future public transit, pedestrian, non-motorized and
motorized vehicle trips, and the provision of public utilities and is consistent with Citywide
Development Strategies (CD) Policy 1.3.7.
MT Objective 1.7: The City shall promote access to transportation related facilities and ensure that they
are coordinated with the transportation systems maps adopted as part of this Comprehensive Plan.
MT Policy 1.7.1: Convenient movement and access between the various transportation facilities
within the City shall be facilitated to the greatest extent possible and in coordination with federal,
state, county or private entities where feasible.
MT Objective 1.8: The City shall coordinate the operation of, and improvements to, the transportation
system with the plans and programs of the various entities responsible for providing transportation related
facilities.
MT Policy 1.8.1: To protect the interregional and intrastate functions of the Strategic Intermodal
System (SIS), signal synchronization, intersection improvements, and other congestion
management techniques to reduce travel delay and encourage local alternatives to the SIS should
be explored in coordination with the FDOT.
MT GOAL 2: To provide streets that are accessible and safe for all users and multiple modes of
transportation in order to provide connections between residents and daily needs.
MT Objective 2.1: To accommodate all forms of transportation on all roadways that provide facilities at
acceptable Levels of Service within the City.
MT Policy 2.1.1: The City shall consider, where feasible, implementation of complete streets when
improvements are programed to roadways within the City.
MT Policy 2.1.2: When new roadways are proposed, complete streets characteristics shall be
included to facilitate mobility for all transportation options, based on roadway classification.
MT Policy 2.1.3: Improvements on complete streets should include facilities for pedestrians,
bicyclists, public transportation, automobiles, and for all users.
MT Objective 2.2: Reduce vehicle trip demand, increase access and safety for cyclists and pedestrian,
and preserve the integrity of the transportation system with effective connectivity and access management
programs.
MT Policy 2.2.1: Adopt and maintain access management ordinances and supporting design
standards to control the location, spacing, operation, and design of access connections and median
openings. Development access shall be designed to protect the maximum service volume, safety,
and operating characteristics of transportation facilities, considering impacts to all modes and
users.
MT Policy 2.2.2: Properties under the same ownership, consolidated for development, or part of
phased development plans shall be considered one property for the purposes of access
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management. Access points to such developments shall be the minimum necessary to provide
reasonable access, rather than the maximum available for that property frontage.
MT Policy 2.2.3: Maintain the trail network by minimizing vehicular cross access over regional and
local trails.
Mobility (MT) Strategies:
MT Strategy 1: Develop a system-wide multimodal transportation network master plan and
encourage multimodal mobility through design strategies and connectivity. The plan may include a
long-term schedule of capital improvements.
A. Routinely update and implement the City’s Multimodal Master Plan of trail, bicycle and
pedestrian improvements.
MT Strategy 2: Evaluate the feasibility of implementing the FDOT Corridor Planning Studies for
U.S. Highway 1 and State Road 406, coordinate with the FDOT to develop additional Studies of
other state managed roads, and consider the local analysis of City maintained Arterial and Collector
roadways.
MT Strategy 3: Complete a walkability audit. The audit will inform the City to make strategic
decisions to improve safe environments for walkability.
MT Strategy 4: Develop a strategy to install electric vehicle charging stations for specific types of
development by ordinance or programming.
MT Strategy 5: Evaluate and adopt access management solutions including reducing minimum
right-of-way and lane width requirements, number and location of access points and conflicts with
regional and local trail networks,
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PW Objective 1.1: The City shall provide for maintenance of aquifer recharge area functions through the
standards established in the LDRs for the ACC.
PW Policy 1.1.1: Land within the ACC, as designated by the City, shall be developed such that it
is consistent with the LDRs which limits the amount of impervious surface; retains the natural
topography to best extent possible; and provides for additional design regulation of the stormwater
management systems.
PW Policy 1.1.2: The City will coordinate with local, State and Federal agencies to achieve
regional aquifer recharge protection objectives.
PW Policy 1.1.3: The City, as economically viable, shall pursue acquisition of property to further
protect the City’s aquifer recharge areas.
PW Policy 1.1.4: The following uses are not compatible in the immediate vicinity of municipal
potable water wells:
A. Gasoline and/or hazardous material storage tanks;
B. Industrial land uses; or
C. Commercial agricultural activities.
PW GOAL 2: The City shall establish and implement potable water protection/conservation strategies and
techniques and reduce wastewater effluent discharge.
PW Objective 2.1: The City will continue to explore sustainable alternative water supply resources in
cooperation with State, regional and local agencies and other local governments. City water supply planning
will be coordinated with the St. Johns River Water Management District’s Regional Water Supply Plan.
Additional water supply sources may need to be identified and developed to supplement existi ng sources.
The City’s Water Supply Facilities Work Plan, adopted 2007, is hereby adopted into the Comprehensive
Plan by reference. The work plan shall be updated, at a minimum, every 5 years within 18 months after
the St. Johns River Water Management district approves an updated regional water supply plan.
PW Policy 2.1.1: The City shall participate in the water supply planning process in conjunction
with the SJRWMD and other pertinent entities, with the objective to develop a regional water supply
plan that will reasonably ensure adequate quantity and quality of potable water resources needed
to meet future demands without creating water use conflicts or unacceptable impacts to natural
resources.
PW Policy 2.1.2: The City shall continue to monitor the resource availability of its existing well -
fields to determine their health, viability and the need to supplement this supply with other water
supply sources such as potable water purchased from the City of Cocoa and other identified water
supply sources.
PW Policy 2.1.3: New developments shall be provided an opportunity to obtain a water supply
capacity allocation permit to reserve water supply capacity sufficient to meets the water supply
needs of the development prior to obtaining a Certificate of Occupancy, as long as the permit
request is consistent with the City’s Water Supply Plan.
PW Policy 2.1.4: The City shall implement the water supply projects listed in the Water Supply
Facilities Work Plan.
PW Objective 2.2: The City shall continue to implement a water conservation plan to enhance and protect
the City’s water supply.
PW Policy 2.2.1: The City’s LDRs may provide incentives to developers to compost and mulch as
a method of water conservation and which will also reduce solid waste disposal costs .
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PW Policy 2.2.2: The City shall maintain a water conservation rate structure to encourage
conservation of potable water.
PW Policy 2.2.3: All new developments located in the ACC will be required to connect to the
reclaimed water system prior to occupancy or provide dry lines for future connection in accordance
with the provisions of the Code of Ordinances. Commented [PB6]: This policy was written to be consistent
with Comprehensive Plan Amendment (CPA) 3-2019
PW Policy 2.2.4: The City shall maintain a leak detection protection program in order to discover Transmittal amendment.
and eliminate wasteful losses of potable water from the City’s community water supply and
distribution system.
PW Policy 2.2.5: The City shall maintain its water conservation plan. Implementation of this policy:
A. Shall apply to all users of water,
B. Shall be consistent with the emergency water shortage contingency plans developed by the
SJRWMD, and
C. Funding shall be made available for the implementation of the proposals as set forth in the
water conservation plan.
PW Policy 2.2.6: The City shall continue operation of a water reuse system and expand this
system as appropriate.
PW Policy 2.2.7: The City shall encourage the use of reused water and stormwater for irrigation
and the use of native vegetation, including low water use sod and groundcover.
PW Policy 2.2.8: The City shall meet water use demands by using water of the lowest quality
acceptable for the intended application. Reused water shall be used in lieu of groundwater or
surface water withdrawn for all water use applications that do not require potable water wherever
and whenever, such water is reasonably available.
PW Policy 2.2.9: The City shall ensure its future water supplies through the implementation of
comprehensive wellfield protection programs, which limit activities that might degrade the quality
or quantity of water from public wellfields.
PW Policy 2.2.10: The City shall utilize the emergency conservation techniques in accordance
with the regional water management district in times of a “declared” severe water shortage.
PW Policy 2.2.11: The City shall encourage water conservation through the use of Green building
construction and site design techniques.
PW Policy 2.2.12: The City shall encourage the use of rain sensors and soil moisture sensors in
the education portion of the Conservation Program.
PW Policy 2.2.13: The City shall ensure that all potable water service connections are metered in
accordance with Code of Ordinances.
PW Policy 2.2.14: The City shall provide a meter replacement and calibration program.
PW Policy 2.2.15: The City shall continue to promote conservation programs through education
and different information tools consistent with the Water Supply Plan.
PW Objective 2.3: To ensure the protection of the City’s potable water source and to safeguard public
health through the enforcement of adopted aquifer protection measures.
PW Policy 2.3.1: The City shall require applicable best management practices for the use,
handling, storage or disposal of regulated substances so as to prevent ground water cont amination.
PW Policy 2.3.2: The City shall continue to protect groundwater quality and quantity by regulating
impervious surface coverage in its prime recharge area, which is the ACC.
PW Policy 2.3.3: The City shall encourage applicable regulatory agencies to pursue additional
groundwater monitoring studies on the quality of the surficial aquifer water resources within the
City.
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PW Policy 2.3.4: The City shall make all reasonable efforts to coordinate with Brevard County and
other municipalities supplying potable water to facilitate measures to protect groundwater quality
and groundwater resources capacity.
PW Policy 2.3.5: The City shall encourage non-regulatory groundwater and wellhead protection
programs that may include, but are not limited to: land acquisition, land donations, purchase of
development rights, and conservation easements.
PW Policy 2.3.6: The City shall adhere to the FEDP wellhead protection standards as found in
Rule 62-521, F.A.C.
PW Objective 2.4: The City shall continue to provide and maintain sanitary sewer facilities and expand
these facilities when feasible.
PW Policy 2.4.1: The City shall continue to require new subdivisions and significant water users
to connect to the sanitary sewer system.
PW Policy 2.4.2: Maintenance, inspections, and repairs of the sanitary sewer system shall be
conducted on a regular basis.
PW Objective 2.5: The City shall continue to upgrade and operate sanitary sewer facilities so they produce
effluent and reclaimed water that complies with Florida Statutes and DEP permits, and are consistent with
the public health and quality of life objectives of the City.
PW Policy 2.5.1: The City shall participate in available, publicly funded programs to reduce
nutrient loadings from sanitary sewer facilities, where participation is consistent with City
objectives, permits and capital improvement planning.
PW Policy 2.5.2: The City shall minimize odor impacts from sanitary sewer facilities to enhance
quality of life initiatives and develop as a trail town and maximize the positive outdoor experiences
for residents and visitors, especially in the Downtown (D), Waterfront (WFO) and Gateway Corridor
(GC).
PW Policy 2.5.3: The City shall develop a plan to prevent overwatering with reclaimed water in
an effort to protect groundwater quality and limit the transport of nutrients to the Indian River
Lagoon through groundwater and expand the reclaimed system in the ACC to protect the City’s
water supply.
PW Objective 2.6: Wastewater collection and transportation facilities should be relocated away from the
Indian River Lagoon to the maximum extent feasible
PW Policy 2.6.1: The City shall develop a plan to relocate existing lift stations and forcemains that
are located along the banks of Indian River Lagoon.
Potable Water and Sewer (PW) Strategies:
PW Strategy 1: Potable Water and Sewer projects:
A. Maintain the Water Supply Facilities Work Plan.
B. Implement the water and sewer capital improvements as identified in the Capital Improvements
Element.
C. Evaluate opportunities to upgrade and operate the sanitary sewer facilities to minimize odor
impacts.
D. Upgrade the treatment process at the Osprey Water Reclamation Facility to reduce nutrients
in the reclaimed water.
E. Develop a plan to relocate existing lift stations and forcemains that are located along the banks
of Indian River Lagoon.
F. Develop a reclaimed water master plan to guide the City in storing, distributing and maximizing
the use of reclaimed water to meet the needs of existing and projected users over the next 20
years.
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C. Stormwater (SW)
SW GOAL 1: Adequate stormwater management will be provided to afford reasonable protection from
flooding and prevent degradation of quality of receiving waters.
SW Objective 1.1: The stormwater drainage regulations contained in the City’s LDRs will provide for
protection of natural drainage features.
SW Policy 1.1.1: The City will ensure that amendments to the stormwater drainage provision of
the City’s development regulations will address:
A. New developments are required to treat runoff from the 25-year frequency, 24-hour duration
design storm event on-site so that post-development runoff rates do not exceed pre-
development conditions;
B. Stormwater engineering, design and construction standards for on-site systems are provided.
C. Best management erosion and sediment controls are used during development; and
D. Periodic inspection and maintenance of on-site systems and ensured as a condition of system
permitting.
SW Policy 1.1.2: The City will maintain a stormwater utility fee to:
A. Acquire required drainage easements;
B. Support revenue bonds for required drainage improvements within each basin; and
C. Fund operation and maintenance operations.
SW Policy 1.1.3: The City will continue the maintenance program to ensure that major drainage
systems are inspected and receive required maintenance on at least an annual basis to ensure the
proper functioning and expected pollutant removal efficiency of stormwater management systems.
SW Objective 1.2: To encourage the preservation/protection of the floodplains and their functions by
implementing programs, both locally and in conjunction with other governmental and non -governmental
entities, toward this effort.
SW Policy 1.2.1: The City shall identify lands within the City that are available for stormwater
treatment opportunities.
SW Policy 1.2.2: The City shall evaluate and, if appropriate, adopt low impact development
practices in the LDRs to conserve natural resources.
SW Policy 1.2.3: Flood control for new development shall be accomplished through the limitation
of fill in the 100-year flood plain as defined by FEMA. Where no practical alternative to fill in the
100-year flood plain exists, compensatory storage for such fill shall be required.
SW Objective 1.3: Retrofit existing stormwater drainage systems, redirect outfalls from environmentally
sensitive areas, and enhance environmentally sensitive areas through man-made wetlands, which provide
both nourishment of the wetlands system and wildlife habitat.
SW Policy 1.3.1: The City shall promote the conservation of natural vegetation in flood plain areas
for the purpose of storing stormwater run-off by establishing an incentive allowing the developer to
credit “undisturbed areas” as part of the development required open space.
SW Policy 1.3.2: Flood hazard areas shown on the Federal Flood Insurance Rate Maps (FIRM)
shall be developed at a density no greater than one unit per acre.
SW Objective 1.4: Best Management Practices will be utilized in the protection of waterbodies from
nutrient pollution.
SW Policy 1.4.1: Comply with the Basin Management Action Plan (BMAP) for the North Indian
River Lagoon.
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SW Policy 1.4.2: The negative impact of nutrient pollution on surface water quality shall be
minimized by encouraging the use of appropriate water quality management techniques.
Stormwater (SW) Strategies
SW Strategy 1: Develop Low Impact Development standards, including set aside incentives with
new developments.
E. Schools (PS)
PS GOAL 1: To coordinate with Brevard County Public Schools in their efforts to provide a public school
system that offers a high quality educational environment, provides accessibility for al l of its students, and
ensures adequate school capacity to accommodate enrollment demand through the implementation of the
Interlocal Agreement for Public School Facility Planning and School Concurrency.
PS Objective 1.1: Maintain and implement the Interlocal Agreement for Public School Facility
Planning and School Concurrency. This agreement, as may be amended, was adopted in June of
2014, by the Brevard County Board of County Commissioners, School Board of Brevard County,
and the Cities or Towns within the County.
PS Policy 1.1.1: If the Interlocal Agreement is terminated for any reason, the City, in coordination
with Brevard County Public Schools, will adopt policies cooperate with Brevard County Public
Schools in their continued efforts to provide educational facilities within the City at acceptable
Levels of Service as determined by the City and Brevard County Public Schools.
PS Policy 1.1.2: The City shall adopt, by reference, the Five Year District Facilities Work Program
as part of the annual update to the Capital Improvements Program of the Capital Improvements
Element.
PS Objective 1.2: All new public schools built within the City will be coordinated with Brevard County
Public Schools to be consistent with the City’s Future Land Element and Future Land Use Map designation
to ensure facilities are proximate to appropriate existing and future land uses, serve as community focal
points, are co-located with other appropriate public facilities, discourage urban sprawl, and will have needed
supporting infrastructure.
PS Policy 1.2.1: The City, in conjunction with Brevard County Public Schools, shall jointly
determine the need for, and timing of, on-site and off-site improvements necessary to support a
new school.
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PS Policy 1.2.2: The City shall coordinate with Brevard County Public Schools to facilitate the
location of new schools which are proximate and convenient to existing residential areas, areas of
projected residential growth, and require minimal additional public infrastructure.
PS Policy 1.2.3: The City shall encourage the location of schools near residential areas by:
A. Assisting Brevard County Public Schools in the identification of funding and/or construction
opportunities (including public/private partnerships) for sidewalks, traffic signalization, access,
water, sewer, drainage and other infrastructure improvements.
B. Reviewing and providing comments on all new school sites including the compatibility and
integration of new schools with surrounding land uses.
C. New Elementary, middle and high schools shall be allowed in all Land use designations except
the Research & Manufacturing and Conservation land use designations. Existing elementary,
middle and high schools shall be considered as permitted with their respective land use
designation and future elementary, middle and high schools shall be required to comply with
this policy. The City of Titusville will ensure the availability of lands within these land use
designations to site future public schools.
PS Policy 1.2.4: The City, in conjunction with Brevard County Public Schools, shall seek
opportunities to co-locate schools with public facilities, such as parks, libraries, and community
centers, as the need for these facilities is identified. The City shall select the f uture location of
public facilities, to the greatest extent possible, to achieve collocation with an existing public school,
or so that the facility can be retrofitted to achieve collocation, if appropriate.
PS Policy 1.2.5: The City shall enhance community design and quality of life through effective
school facility siting standards. The City shall encourage the siting of schools so they serve as
community focal points and are compatible with surrounding land uses.
PS Policy 1.2.6: The City, in conjunction with Brevard County Public Schools, shall coordinate the
long-range public school facilities map to ensure the Future Land Use designations established by
the Comprehensive Plan allow adequate land area and locations for future school facilities.
Schools (PS) Strategies.
PS Strategy 1: Develop and maintain an annual report of new and planned residential
construction in coordination with the Brevard Public School District and other local agencies. The
report should inform decisions on interconnectivity between schools and residential land use
planning, parks and multimodal transportation network, and related master plan strategies.
CIE Objective 1.1: Capital Improvements shall be programmed to meet existing deficiencies; to
accommodate desired future growth; and to replace worn out or obsolete facilities, as indicated in the five-
year schedule of improvements.
CIE Policy 1.1.1: The City shall include all projects identified in the other elements of this plan and
determined to be of relatively large scale and high cost ($20,000 or greater), as capital improvements
projects for inclusion within the five-year Schedule of Improvements of this element.
CIE Policy 1.1.2: The City shall, after identification and prioritization of fiscal resources, schedule
and allocate funds for needed capital improvement projects in the five-year Schedule of
Improvements which are designed to correct existing and future deficiencies listed in this Element.
CIE Policy 1.1.3: Proposed capital improvements projects shall be evaluated and ranked in order
of priority with projects meeting the following guidelines receiving the highest priority.
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A. Whether the project is needed to protect public health and safety; to fulfill the City’s legal
commitment to provide facilities and services; to preserve or achieve full or designed use of
existing facilities; to replace or renew existing capital facilities; or to maintain the level of service
standards established in this element.
B. Whether the project increases efficiency of use of existing facilities; prevents or reduces future
improvement cost or operational and maintenance needs; provides service to developed areas
lacking full service; or promotes in-fill development; and
C. Whether the project is consistent with the Future Land Use GOPs and Categories of this
comprehensive plan and represents a logical extension of facilities and services within a
designated service area.
CIE Objective 1.2: Public expenditures that subsidize development in high hazard coastal areas will be
limited to those improvements consistent with the goals and policies of the Coastal Management (CM)
section.
CIE Policy 1.2.1: The City shall only expend funds in high hazard coastal areas for the replacement
and renewal of existing public facilities except for increased public access to coastal resources
through the provision of riverfront parks; to reduce hazards; or to correct existing issues.
CIE Policy 1.2.2: The City shall continue to expend funds to maintain existing facilities and services
at their existing capacity, or where consistent with capital improvement planning associated with the
public facilities.
CIE Objective 1.3: Future development will bear a proportionate share of facility improvements
necessitated by the development in order to maintain adopted level of service (LOS) standards
CIE Policy 1.3.1: Impact fees shall be utilized to ensure that development bears only th e cost of
capital facilities necessary to accommodate the proposed development.
CIE Policy 1.3.2: The City may enter into interlocal agreements with Brevard County, the State, and
the Federal Government to ensure that the funds are expended consistent with this Comprehensive
Plan.
CIE Objective 1.4: The City will manage its fiscal resources to ensure the provision of needed capital
improvements for previously issued development orders and for future development and redevelopment.
CIE Policy 1.4.1: The City shall require that all facilities needed to serve development for which
development orders were previously issued are available concurrent with the impacts of said
development.
CIE Policy 1.4.2: The City shall continue to adopt a five year capital improvement program including
an annual capital budget as part of its budgeting process.
CIE Policy 1.4.3: Efforts shall be made to secure grants or incentives for private funds to finance
the provision of capital improvements and needed services.
CIE Policy 1.4.4: The City shall establish and implement strategies for the management of debt
which, at a minimum, shall include the following.
A. Revenue bonds shall be limited to the specific revenue source capability for the type of bonds
issued. This limitation requires an independent analysis of each issue to ensure adequate
fiscal resources for debt service as well as operation and maintenance needs.
B. General obligation bonds shall be limited to 30% of the ad valorem tax base pursuant to Section
128 of the City Charter.
C. Total debt service shall be analyzed as stated in (a) and (b) above as part of each annual
capital improvement program update.
CIE Objective 1.5: Decisions regarding the issuance of development orders and permits will be based
upon coordination of the development requirements included in this plan, the LDRs, and the availability of
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necessary public facilities needed to support such development at the time needed as outlined in the
following policies:
CIE Policy 1.5.1: The City shall use the LOS standards established in CIE TABLE 1 for reviewing
the impacts of new development and redevelopment upon public facilities and as a basis for
development of LDRs by which development orders will be either approved or denied:
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CIE Policy 1.5.2: Proposed plan amendments or requests for new development or redevelopment
shall be evaluated according to the following guidelines and for preservation of the internal
consistency of this Comprehensive Plan, through specific findings that the proposal will not:
A. Contribute to a condition of public hazard as described in the Potable Water, Sanitary Sewer,
Solid Waste, Stormwater Management, Coastal Management goals and policies;
B. Exacerbate any existing condition of public facility capacity deficits, as described in the
Comprehensive Plan;
C. Generate public facility demands that may not be accommodated by capacity increases
planned in the five-year Schedule of Improvements;
D. Be incompatible with future land uses as shown on the Future Land Use Map, and utility service
areas as described in the Public Facilities section of the Comprehensive Plan;
E. If public facilities are developer provided, generate additional public facility demands based
upon adopted LOS standards;
F. If public facilities are provided, in part or whole, by the demonstrated financial feasibility, subject
to this element; and
G. Affect state agencies’ and water management districts’ facilities plans.
CIE GOAL 2: The City will implement a concurrency management system to evaluate the impact of the
development on the level of services of the public facilities.
CIE Objective 2.1: The City will ensure that the issuance of a development order or development permit is
conditioned upon the availability of public facilities and services necessary to serve new development
through the establishment of a concurrency management system which is consistent the following policy.
The City will not issue a Certificate of Occupancy for a development if required public facilities are not
available.
CIE Policy 2.1.1: The City of Titusville shall ensure that development is permitted in a manner that
will not result in a reduction in the level of service below, the adopted level of service standards for
the affected facility, through the establishment of a concurrency management meeting the following
requirements:
A. The City of Titusville shall maintain adopted level of service standards;
B. The City of Titusville shall include in the Capital Improvement Element, a plan demonstrating
that adopted level of service standards will be maintained across the planning horizon of this
plan;
C. The City of Titusville shall enforce the provisions of the adopted LDRs which specify and
implement provisions of the concurrency management system.
CIE Policy 2.1.2: Prior to the approval of an application for a development order or functional
equivalent which contains a specific plan for development a test for concurrency applying adopted
level of service standards will be conducted. The following standards are her eby established to
meet the City’s concurrency requirements;
A. For sanitary sewer, solid waste, drainage, and potable water supply and facilities:
1. Prior to the issuance of a building permit or its functional equivalent the City of Titusville
shall consult with the applicable water supplier to determine whether adequate water
supplies will be available. A development order or permit is issued subject to the
condition that, at the time of the issuance of a certificate of occupancy or functional
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equivalent, the necessary facilities and services are in place and available to serve the
development; or
2. At the time the development order or permit is issued, the necessary facilities and services
are guaranteed in an enforceable development agreement, pursuant to Section
163.3220, F.S., or an agreement or development order issued pursuant to Chapter 380,
F.S., to be in place and available to service development at the time of the issuance of a
certificate of occupancy or functional equivalent
B. For parks and recreation facilities:
1. At the time the development order or permit is issued, the necessary facilities and services
are in place or under construction; or
2. A development order or permit is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or functional equivalent, the acreage for the
necessary facilities and services to serve the development is dedicated or acquired by
the City, or funds in the amount of the developer’s share are collected; and
(a) A development order or permit is issued subject to the conditions that the
necessary facilities and services needed to serve the development are scheduled
to be in place or under actual construction not more than one year after issuance
of a certificate of occupancy or functional equivalent as provided in the City’s
adopted 5-year schedule of capital improvements; or
(b) At the time of the development order or permit is issued, the necessary facilities
and services are the subject of a binding executed agreement which required the
necessary facilities and services to serve the development to be in place or under
actual construction not more than one year after issuance of a certificate of
occupancy or functional equivalent; or
(c) At the time the development order or permit is issued, the necessary facilities and
services are guaranteed in an enforceable development agreement, pursuant to
Section 163.3220, F.S., or an agreement or development order issued pursuant
to Chapter 380, F.S., to be in place or under actual construction not more than
one year after issuance of a certificate of occupancy or functional equivalent.
C. For transportation facilities designated in the City’s adopted comprehensive plan:
1. At the time a development order or permit is issued, the necessary facilities and services
are in place or under construction; or
2. A development order or permit is issued subject to the conditions that the necessary
facilities and services needed to serve the new development are scheduled to be in place
or under actual construction not more than three years after issuance of a certificate of
occupancy or its functional equivalent as provided in the City’s adopted five -year
schedule of capital improvements. The schedule of capital improvements may recognize
and include transportation projects included in the first three years of the applicable,
adopted Florida Department of Transportation five year work program. The Capital
Improvements Element must include the following policies:
(a) The estimated date of commencement of actual construction and the estimated
date of project completion.
(b) A provision that a plan amendment is required to eliminate, defer, or delay
construction of any road or mass transit facility or service which is needed to
maintain the adopted level of service standard and which is listed in the five-year
schedule of capital improvements; or
3. At the time a development order or permit is issued, the necessary facilities and service
are the subject of a binding executed agreement which requires the necessary facilities
and services to serve the new development to be in place or under actual construction
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no more than three years after the issuance of a certificate of occupancy or functional
equivalent; or
4. At the time a development order or permit is issued, the necessary facilities and services
are guaranteed in an enforceable development agreement, pursuant to Section
163.3220, F.S., or an agreement or development order issued pursuant to Chapter 380,
F.S., to be in place or under actual construction not more than three years after issuance
of a certificate of occupancy or functional equivalent.
5. For the purpose of issuing a development order or permit, a purposed urban
redevelopment project located with a defined and mapped Utility Service Area as
established in the local government comprehensive plan pursuant to Section
163.3164(50), F.S., shall not be subject to the concurrency requirements of this chapter
for up to 110 percent of the transportation impact generated by the previously existing
development. For the purposes of this provision, a previously existing development is
the actual previous built use which was occupied and active within a time period
established in the local government comprehensive plan.
6. For the purpose of issuing a development order or permit, a proposed development may
be deemed to have a de minimis impact and may not be subject to concurrency
requirements, only if all of the conditions specified in subsection 163.3180(5), F.S., are
met.
CIE Objective 2.2: The City shall pursue adequate funding for the construction of capital projects identified
in the Capital Improvements Schedule.
CIE Policy 2.2.1: The following procedures shall be used to pursue adequate funding for potable
water capital projects:
A. Maintain a reserve account restricted for potable water related capital projects.
B. A portion of funds collected from the Water Resources Enterprise Fund shall be reserved to
complete potable water capital projects.
C. The City may use long term capital lease payments on lease purchases for capital projects
identified within this Element, provided adequate debt service requirements are provided.
D. Tap-on fees may be used to fund eligible growth-related water capital projects.
CIE Objective 2.3: The City shall implement procedures to ensure that at the time a development permit
is issued, adequate facility capacity is available or will be available when needed to serve the
development/accommodate the needs of new growth.
CIE Policy 2.3.1: In order to ensure the established level of service standards are maintained, a
Concurrency Management System will be used to determine the available capacity and demand
and these procedures shall incorporate appropriate peak demand coefficients for each facility and
for the type of development proposed.
CIE Policy 2.3.2: All improvements for replacement, expansion or increase in capacity of facilities
shall be compatible with the adopted level of service standards for the facilities.
CIE Objective 2.4: Existing deficiencies in the provision of public infrastructure as identified in the elements
of the comprehensive plan shall be eliminated through the schedule of improvements contained in the
capital improvements element.
CIE Policy 2.4.1: The level of service standards established in the Comprehensive Plan shall be
used to determine existing deficiencies.
CIE Policy 2.4.2: Projects shall be undertaken in accordance with the schedule of improvements
provided in the Capital Improvements Element of this Comprehensive Plan.
CIE Objective 2.5: The City shall maintain a five-year schedule of capital improvements needs for public
facilities, to be updated annually in conformance with the review process for the capital improvements
element of this plan.
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CIE Policy 2.5.1: Proposed capital improvement projects will be evaluated and ranked according
to the following priority level guidelines:
Level One: Whether the project is needed to protect public health and safety; to fulfill the City’s
legal commitment to provide facilities and services, or to preserve or achieve full
use of existing facilities and correct existing deficiencies;
Level Two: Whether the project increases efficiency of use of existing facilities; prevents or
reduces future improvement costs; provides service to development areas lacking
full service or promotes in-fill development; and
Level Three: Whether the project represents a logical extension of facilities and services within a
designated service area.
CIE Policy 2.5.2: The annual work program of the Water Resources Department and Public
works/Engineering Department shall be reviewed to ensure that projects are scheduled to minimize
disruption of services and duplication of labor and to maintain service levels for all fac ilities.
CIE Policy 2.5.3: Provision of centralized sanitary sewer and potable water service shall be
consistent with the City’s growth policies stated in this Comprehensive Plan, the Future Land Use
Map, and to areas where the City has legal commitments to provide facilities and services as of the
date of adoption of this plan.
CIE Policy 2.5.4: The use of common corridors for utilities shall be encouraged.
Objective 2.6: To ensure public utilities are available at the established level of service standards, the City
shall monitor capacities and identify any deficiencies.
CIE Policy 2.6.1: The annual summaries of facility capacity and demand information prepared by
the City shall be used to evaluate the need for the timing and location of projects to extend or
increase the capacity of existing facilities.
CIE Policy 2.6.2: All projects required to meet projected demands shall be scheduled in the Capital
Improvements Element of this plan in accordance with the requirements of Section 163.3177(3)(a),
F.S.
Capital Improvement Element (CIE) Strategies
CIE Strategy 1: Maintain a five-year schedule of capital improvements needs for public facilities,
to be updated annually in conformance with the review process for the capital improvements
element of this plan.
CIE Strategy 2: Continue to pursue available grants and programs to support needed capital
investment to support growth.
CIE Strategy 3: The City develop procedures to update facility demand and capacity information
as development orders or permits are issued.
CIE Strategy 4: Prior to approval of new development orders the City of Titusville will evaluate the
availability of water supply and wastewater treatment capacity.
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Growth/
FY FY FY FY FY Funding
Project Total Cost Maintain
20 21 22 23 24 Source
Existing LOS
Water System
$300,000 $500,000 $500,000 $500,000 $500,000 $2,300,000 Rates/Taps G
Improvements
Distribution System
$260,000 $271,000 $282,000 $293,000 $1,106,000 Rates/Taps G
Improvements
Cross Connection
$273,290 $263,000 $192,470 $192,470 $192,470 $1,113,700 Rates/Taps G
Control
Enhanced Water
Treatment
$200,000 - - - - Rates M
Utility Master Planning $200,000 $50,000 $50,000 $50,000 $50,000 $400,000 Rates/Taps G
Rates = Revenue from water supply rates; Taps = Fees collected for connection to the water system
Growth = G
Maintain LOS = M
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Growth/
FY FY FY FY FY Funding
Project Total Cost Maintain
20 21 22 23 24 Source
Existing LOS
Sewer System
$500,000 $700,000 $700,000 $700,000 $700,000 $3,300,000 Rates M
Improvements
Equipment
$50,000 $50,000 $50,000 $50,000 $50,000 $250,000 Rates M
Replacement Program
Causeway L.S.
Upgrade
$620,000 - - - - $620,000 Rates M
Rates = Revenue from sanitary sewer supply rates; Taps = Fees collected for connection to the sewer system
Growth = G
Maintain LOS = M
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Growth/
FY FY FY FY FY
Project Total Cost Funding Source Maintain
20 21 22 23 24
Existing LOS
FEMA, Insurance
Kennedy Point Park
Repair
$611,865 - - - - $611,865 proceeds, M
Temporary Loan
FEMA, Insurance
Rotary Park Repair $1,429,006 - - - - $1,429,006 proceeds, M
Temporary Loan
FEMA, Insurance
Space View Park
Repair
$2,816,281 - - - - $2,816,281 proceeds, M
Temporary Loan
FEMA, Insurance
Tom Statham Park
Repair
$900,000 - - - - $900,000 proceeds, M
Temporary Loan
City parks are maintained by the Brevard County Parks Department. The proposed Brevard County Capital Improvements Program includes
several concurrency related maintenance improvements to parks within the City of Titusville for FY 2019 through FY 2023.
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General
Barna Avenue Trail $102,000 $205,224 $1,026,120 - $1,333,344
Fund/Grants
G
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Growth = G
Maintain LOS = M
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Growth/
FY FY FY FY FY Funding
Project Total Cost Maintain
20 21 22 23 24 Source
Existing LOS
Drainage
$150,000 $100,000 $100,000 $100,000 $100,000 $550,000 SW Utility M
Improvements
Water Quality
$250,000 $200,000 $200,000 $200,000 $200,000 $1,050,000 SW Utility M
Improvements
Growth = G
Maintain LOS = M
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Solid
Dumpster Truck $160,000 - - - - $160,000
Waste
M
Solid
Graple Truck $160,000 - - - - $160,000
Waste
M
Solid
Automated Sideloader $305,000 - - - - $305,000
Waste
M
Growth = G
Maintain LOS = M
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IC Objective 1.1: To ensure that the plans, processes and procedures of the City are consistent and
coordinated with all effective governmental agencies, which provide service in and around the corporate city
limits.
IC Policy 1.1.1: The East Central Florida Regional Planning Council’s dispute resolution process
will be relied upon to resolve conflicts with affected agencies.
IC Objective 1.2: The City shall coordinate with federal, state and regional agencies to meet the objectives
of this plan.
IC Objective 1.3: To ensure efficient and productive use of land, the City shall enter into agreements as
necessary to accomplish the goals of this Comprehensive Plan.
IC Policy 1.3.1: Through cooperative effort with Brevard County, mechanisms shall be established
so as to ensure that the City remains as the center of government and the County Seat for the County.
IC Policy 1.3.2: The City shall work with Brevard County and SJRWMD such that development
regulations regarding stormwater management and flood control are compatible and effective for
each jurisdiction. The City’s regulations may be more stringent where needed.
IC Policy 1.3.3: Through a cooperative agreement with various jurisdictions, the City shall coordinate
permitting and inspecting of projects of overlapping jurisdiction.
A. The City shall cooperate with the SJRWMD and Brevard County for the permitting and inspection
of stormwater projects of overlapping jurisdiction.
B. The City shall cooperate with the FAA regarding the permitting of projects within their jurisdiction.
IC Objective 1.4: To ensure efficient and safe methods of travel for all users, the City shall enter into
agreements as necessary to accomplish the goals of this Comprehensive Plan and related mobility goals and
policies.
IC Policy 1.4.1: The City shall actively participate in the Space Coast Transportation Planning
Organization such that an adequate, safe, and efficient transportation network is maintained.
IC Policy 1.4.2: The City, through cooperative agreement with NASA, Space Coast Area Transit
and major space center contractors/employers, shall encourage car-pooling and flexible hours of
employment so as to reduce the peak hour effect on major roadway systems.
IC Policy 1.4.3: In cooperation with the Space Center Regional Airport authority and the FAA, the
City shall ensure the Space Coast Regional Airport is utilized to its maximum capacity prior to another
facility being constructed.
IC Policy 1.4.4: The City shall develop a regional bicycle and pedestrian pathway plan through a
cooperative effort with the Space Coast TPO, FDOT, and Brevard County. The purpose of which is
intended to provide pedestrian pathways from schools, residential, shopping and recreational areas.
IC Objective 1.5: To ensure provision of public services and utilities, the City shall enter into agreements as
necessary to accomplish the goals of this Comprehensive Plan and related public infrastructure goals and
policies.
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IC Policy 1.5.1: To ensure wastewater treatment plans, municipal wellfield and drainage
improvement projects are accomplished as efficiently and expeditiously as possible, the City shall
coordinate cooperative agreements, where necessary, with such agencies as Brevard County,
SJRWMD and the FDEP.
IC Policy 1.5.2: The City shall coordinate with Brevard County to ensure that storage and transfer
of solid waste complies with Chapter 403 Part IV, specifically Sec. 403.7265, Fla. Stat. Local
hazardous waste collection programs.
IC Policy 1.5.3: To ensure that projected demand for wastewater treatment is met, the City will
continue to operate its water reclamation facilities in accordance with all applicable state and federal
rules and regulations.
IC Policy 1.5.4: The City shall cooperate with Brevard County and the Florida Department of Health
such that issuance of permits for all new on-site wastewater disposal is regulated and further that
expansion and/or replacement of such systems will ensure compliance with appropriate regulatory
requirements and water quality standards.
IC Policy 1.5.5: In cooperation with Brevard County, the City shall ensure that all development to
property within the identified ACC shall include provision for open space preservation requirements
and stormwater regulations which maximize groundwater recharge.
IC Policy 1.5.6: The City shall participate in the water supply planning process in conjunction with
the SJRWMD and other pertinent entities, with the objective to develop a regional water supply plan
that will reasonably ensure adequate quantity and quality of potable water resources needed to meet
future needs without creating water use conflicts or unacceptable impacts to natural resources.
IC Policy 1.5.7: The City shall coordinate with other agencies as necessary to evaluate alternative
water supply projects to ensure future water supply capacities to maintain Level of Service standards
for the provision of potable water.
IC Policy 1.5.8: The City shall cooperate with the SJRWMD to ensure that all abandoned free-
flowing artesian wells are properly documented, closed and plugged. It is not the intent of this policy
to affect agricultural production or agricultural processing on properties annexed into the City.
IC Policy 1.5.9: The City shall coordinate with the SJRWMD in regard to protection of recharge
areas surrounding the surficial aquifer and shall develop intergovernmental agreements as
necessary regarding aquifer protection.
IC Policy 1.5.10: The City shall coordinate with other governmental entities, regarding groundwater
pollution, through the establishment or continuation of programs, provision of technical assistance
and information, and attendance at appropriate meetings and hearings.
IC Policy 1.5.11: The City shall continue to cooperate with Brevard County through interlocal
agreements and utility service areas to provide efficient services to the public.
IC Policy 1.5.12: The City shall maintain a water supply facilities work plan that is coordinated with
SJRWMD’s District Water Supply Plan by updating the work plan within 18 months of an update to
the SJRWMD District Water Supply Plan that affects the City.
IC Policy 1.5.13: The City shall participate in water supply development-related initiatives facilitated
by the SJRWMD that affect the City.
IC Objective 1.6: The City shall ensure that, when implementing the various elements of the comprehensive
plan, impacts are coordinated with all affected jurisdictions.
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IC Policy 1.6.1: The City shall coordinate with the County to adopt a Joint Planning Area to ensure
that the respective land use plans are compatible for areas within the Joint Planning Area.
IC Policy 1.6.2: The City shall continue the emergency connection with Brevard County to ensure
adequate potable water supply is available during emergency conditions.
IC Policy 1.6.3: The City shall cooperate with the County to ensure the adequate facilities are
provided for solid waste disposal.
IC Policy 1.6.4: The City shall provide the Brevard County School Board with necessary information
for facilities planning and cooperate with them in locating new facilities.
IC Policy 1.6.5: Through coordination with Brevard County, FDEP, and other state agencies in the
implementation of the management plan for the Indian River Lagoon, consistent and coordinated
management, preservation, and protection shall be ensured.
IC Policy 1.6.6: The City shall encourage private property owners with free flowing artesian wells to
obtain financial and technical assistance through the artesian well plugging programs of Brevard
County, and the SJRWMD.
A. When and where the use of septic systems are appropriate. Coordinate with the Brevard County
Health Department to ensure that where central sewer service is available, no new septic system
permits shall be approved for any new development or any existing systems which have been
determined to be inoperable or detrimental to the health, safety and welfare of the general public
B. A joint permitting and inspection of overlapping jurisdictional projects especially as they relate to
sidewalks and driveways on roads not controlled by the City.
C. Adopt County regulations similar to City requirements regarding building codes, stormwater
management, aquifer protection, and development within the 100-year flood plain for properties
that are potentially annexable.
D. City level of service standards for concurrency related facilities are adopted and maintained for
properties outside the City limits. Comprehensive plan land uses and priorities for those areas to
be annexed by the City.
E. A Joint Planning Agreement for properties within the City’s Urban Service Area that addresses
land use.
G. Stray and nuisance animal complaints within the City as well as in unincorporated Brevard
County. Specifically with Brevard County Animal Services.
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1.2.3
(2) Each coastal management element required by s. 163.3177(6)(g) shall be based on studies,
surveys, and data; be consistent with coastal resource plans prepared and adopted pursuant to general
or special law; and contain:
(h) Designation of coastal high-hazard areas and the criteria for mitigation for a comprehensive plan
amendment in a coastal high-hazard area as defined in subsection (8). The coastal high-hazard area is
the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and
Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Application of mitigation
and the application of development and redevelopment policies, pursuant to s. 380.27(2), and any
rules adopted thereunder, shall be at the discretion of local government.
SEE N LAND USE CATEGORY. 2020 VERSION PAGE 71 AND 2021 VERSION PAGE 67
ALSO SEE NH POLICY 1.2.9. 2020 VERSION PAGE 38 AND 2021 VERSION 36
RECOMMENDATIONS A-F ABOVE WERE ADDED TO EN STRATEGY 5. 2020 VERSION PAGE 95 AND
2021 VERSION PAGE 89
SEE 2020 VERSION PAGE 106 AND 2021 VERSION PAGE 101
SEE 2020 VERSION PAGE 107 AND 2021 VERSION PAGE 102
STAFF MADE NO CHANGES. SEE 2020 VERSION PAGE 107 AND 2021 VERSION PAGE 102
SEE PW STRATEGY 1F. 2020 VERSION PAGE 107 AND 2021 VERSION PAGE 102.
A CONSULTANT WAS SELECTED AND HAS DRAFTED A MASTER PLAN.
IT SHOULD BE AVAILABLE SOON
Vice Chairman Chavier stated that this visioning plan has been talked about for years and he would
like to see some follow-through.
Chairman Williams said he would like to see clearer codes, more population, medical district,
incentives to encourage owners to stay on plan especially in the downtown area.
Chairman Williams said Titusville has several parks with nothing to do at the park. He suggested
encouraging businesses that offer water related ventures to utilize the parks with canoe, kayak or
jet ski rentals etc.
Chairman Williams said he would like to see an improvement in the corridors regarding the
greenways.
Chairman Williams said parking in the downtown has always been an issue that should still be
addressed.
Vice Chairman Chavier and Member Ritchie agreed that there should be incentives to bring
businesses into the area and especially downtown.
Member Ritchie said there was talk in the past about boardwalks and she said she would still like
to see boardwalks to the water. She also suggested having water way access points and catering to
the athletes who would come to Florida to train.
May 2, 2018
Comprehensive Plan Draft Vision Based Amendments
Mr. Traphagen gave an overview of this item.
William Klein of 3 Indian River Avenue Titusville, Florida came to speak regarding this item. Mr.
Klein said he would like to see more plans for shoreline restoration.
Marlys Breckle of 3 Indian River Avenue Titusville, Florida came to speak regarding this item.
Ms. Breckle said she would like to see the trees and plants maintained once they are planted
because if they do not get water they do not survive.
Member Ritchie said she would like to see landscape plans that tie into the roadways. Member
Ritchie said she would like for the trees and plants that are used for planting to be green year round
instead of looking dead half the year. She would like for the City of Titusville to have more input
with FDOT for the roadway plantings.
Member Ritchie asked how the proposed six mile trail along the river would impact the residents
that live on the river. Mr. Traphagen said that when they move forward with the planning of the
trail they will contact the property owners that would be impacted and will discuss whether or not
they would want the trail to be close to them or not. The trail will be as close to the waterfront as
possible with taking into consideration the property owners concerns. Member Ritchie asked if the
trail would be a multi-use trail for runners, walkers, roller blading etc. Mr. Traphagen said yes.
Member Ritchie asked if any downtown parking plans are being addressed. Mr. Traphagen said
that it will be addressed in future plans but the Comprehensive Plan will not go into detail at this
time it is an overview of the Plan.
Member Ritchie suggested planning for a swimming facility that would draw more athletes to
Titusville who would like to train year round. Member Ritchie said it could be used by the
community also.
Vice Chairman Chavier suggested that the City of Titusville should look into purchasing Royal
Oak Golf Course and turning it into a community facility.
Member Noel-Copeland said she would like to know what items that the City of Titusville can
take on as short term, mid-term, and long term goals. She said that sequencing the traffic lights
could be a short term goal to work on. Member Noel-Copeland said she would also like to know
what the City of Titusville can accomplish on their own and what items they have to partner with
FDOT etc. to accomplish such as landscaping in roadways.
Dr. Fayson said he would like more attention on the City of Titusville gateways, especially the
Highway 50 gateway. Dr. Fayson wants to know if there are irrigation systems in the medians to
water the plants.
Member Noel-Copeland said under Objective 1.12 Stormwater Management, Policy 1.12.2, and
Strategy 1.12.2.1, the language for Strategy 1.12.2.1 should not be struck from the code. She said
it should be kept.
XXX
Member Ritchie made a motion to approve the Comprehensive Plan Evaluation and Appraisal
Report Transmittal to City Council. Dr. Fayson seconded.
Motion Passed.
January 2, 2019
Draft Vision Based Comprehensive Plan
Mr. Traphagen gave a PowerPoint Presentation regarding this item.
Chairman Williams said he would like to be given more time to review the draft Vision Based
Comprehensive Plan and for the information to be brought in smaller chunks so that they can have
a better understanding of the information and be able to review it more thoroughly.
Member Severs said he has two concerns: 1. The plan does not have adequate protection over the
Area of Critical Concern. The wellfields need to be protected. 2. The Indian River Lagoon needs
to be protected.
Member Noel-Copeland asked what are the potential risks and downside to Planned Development.
She asked what would happen if a developer comes in and says they will put in residential and
retail but only completes one or the other. Mr. Traphagen said the Planned Development Master
Plan would still govern the development and if the developer wants to make a change they would
have to come back to the city and have the change request approved through proper procedures.
Chairman Williams suggested having a certain percentage of new development have a commercial
component. Chairman Williams would like to see a way to incentivize bringing in retail.
Member Severs said he is trying to determine the long range goal, objective, or where are we if
this land use plan is adopted with a Gateway land use. Will there be several districts or one
Gateway district. Mr. Traphagen said he does not see the plan going to one Gateway district.
Member Severs said he can’t recommend approval of a Land Use Plan unless he knows how it
will be implemented and what the end result is.
XXX
Member Severs said at the December 5, 2018 regular Planning and Zoning Commission meeting
he made a request to ask Staff and City Council to review Ordinance No. 50-2018. Member Severs
asked if his request was provided to City Council. Mr. Traphagen said he thinks that the request
was made at the December 11, 2018 City Council meeting and advisability was given to work on
the ordinance. Mr. Traphagen said he will find out and bring an update at the next meeting.
Member Severs said he wanted to bring up an item from the January 6, 2019 meeting. Member
Severs said the item is the Park Avenue Comprehensive Plan regarding the Planned Development
(PD). He specifically said that he did not have a problem with the Planned Development (PD)
aspect of the plan. Member Severs would like to ask the Planning and Zoning Commission
members to reconsider the motion to deny and then make a motion to table. This would allow the
Applicant, Staff and residents time to review this plan further regarding the items that were brought
up such as:
• Setbacks
• Lots fronting Park Avenue being a little bit larger
• Road going through wetlands being only one foot above the floodplain
• Up the minimum living area from 1,400sq ft. to an average living area of 1,800sq ft.
XXX
Member Severs made a motion that the Planning and Zoning Commission reconsider the motion
to deny the request for Rezoning from Single Family Medium Density (R-1B) and Open Space
and Recreation (OR) zoning districts to the Planned Development (PD) zoning district. Member
Noel-Copeland seconded.
Roll call was as follows:
Motion Passed.
XXX
Member Severs made a motion to table the item until the February 6, 2019 Planning and Zoning
Commission meeting. Member Noel-Copeland seconded.
Motion Passed.
XXX
Member Noel-Copeland said that Le Crave is now open. The five dollar movie theater in Titusville
Mall is now open and the Harley Davidson will be call Miracle City Harley Davidson.
XXX
Member Severs said he has concerns with areas of the code that have been removed from the
Conservation Element and the Area of Critical concern. Member Severs gave a handout to each of
the Planning and Zoning Commission members and to Staff. Member Severs went over the
handout explaining his concerns. Member Severs said he would like Staff to review this and in the
future he may make a recommendation that the code that has been removed be added back into the
code.
March 6, 2019
Draft Vision Based Comprehensive Plan – Neighborhoods
Mr. Traphagen said he will present this item at the next Planning and Zoning Commission meeting
due to the time.
April 3, 2019
Draft Vision Based Comprehensive Plan – Neighborhoods (Video start time 50:00)
Mr. Traphagen gave a PowerPoint presentation.
May 8, 2019
Draft Vision Based Comprehensive Plan – Transmittal (Video start time 01:42:20)
Mr. Parrish gave a PowerPoint presentation and went over the draft 2040 Comprehensive Plan.
Mr. Parrish tried to answer some of the questions that were provided to Staff by the Planning and
Zoning Commission members during his presentation.
Stan Johnston of 860 Poinsettia Avenue Titusville, Florida came to speak against this item. Mr.
Johnston said the Comprehensive Plan should not be approved due to failure to share stormwater
master plan and failure to obtain easements. He also said there has not been maintenance of the
floodways. Mr. Johnston would like the City to hire an Engineer to oppose what he has to say
about the Comprehensive Plan.
Claudette Beggs of 5337 Riveredge Drive Titusville, Florida came to speak in regards to this item.
Ms. Beggs said the Riveredge Small Area Plan is what her neighborhood is guided by and she has
concerns about the talk of a six mile trail being done along the Indian River Lagoon. Ms. Beggs
asked if private property owners are going to have to give up their properties to eminent domain
in order to have the trail go along the river. Mr. Parrish said that the consultant that was hired
suggested that the City preserve as much of the river as possible because it is an asset to the City.
The plan does not contemplate taking people’s private property. The plan looked at where the trail
might be able to run along the Indian River Lagoon.
Member Noel-Copeland asked if the water areas are being kept open to the public on commercial
properties that are being developed. Mr. Parrish said yes.
Chairman Williams said that when Harbor Point was built, the City wanted to keep the access to
the river. Chairman Williams said that access should be kept along the river but not on private
properties.
Member Noel-Copeland suggested that there be language added after transmittal that states that
the Planning and Zoning Commission will be allowed to review the Comprehensive Plan and make
recommended changes to the plan before final adoption. Mr. Parrish said there is one-hundred and
eighty days after the City receives comments back from the State to make changes. The changes
would need to be hi-lited so that the State can review the changes when they get the plan back
again. Member Noel-Copeland said she thought it would be good to have a workshop or time
dedicated during the meetings to answer all of the questions that have been brought up by the
Commission members.
Member Severs said he is not in a position to support this draft 2040 Comprehensive Plan at this
time and he does not feel that this should be rushed through because there is no time deadline to
meet. Member Severs said the Future Land Use Maps have not even been mentioned in this plan
and there are issues that need to be addressed. Member Severs said that there are also issues that
need to be reviewed in the Conservation Element. He said that the current Conservation Element
is better than this draft 2040 Comprehensive Plan Conservation Element. Member Severs said it
should be clear as to what has been changed or removed from the sections. Member Severs said
that the residential properties within the gateway need to be protected. He does not agree with
where the lines are located for riverfront properties because it goes too far north. Member Severs
said he would agree to have a workshop with City Council to go over the draft 2040
Comprehensive Plan starting with page one. Member Severs said there is a lot to talk about and
discuss regarding the Area of Critical Concern and protecting the Indian River Lagoon.
Mr. Parrish addressed the Planning and Zoning Commission and said that he can bring up the idea
of having a workshop, however Staff has met with Member Severs and does not agree with many
things he has suggested regarding the Comprehensive Plan. Mr. Parrish said that the Planning and
Zoning Commission members will have to make a fundamental decision as to if the draft 2040
Comprehensive Plan is the direction that the City of Titusville needs to move towards. He said that
unfortunately there is no way everyone will agree with everything in the plan.
Member Richardson said there are a lot of things that need to be addressed and he is not ready to
vote in favor of the 2040 Comprehensive Plan at this time.
Chairman Williams said he would like to know what City Council thinks about the draft 2040
Comprehensive Plan and he would also like to know Staff’s position on what the deal breakers
are.
Member Richardson said he would like to have a workshop between City Council, Staff and the
Planning and Zoning Commission members.
Chairman Williams said he sees the City responding to about five developers, such as housing and
apartment developers and the City changes the code for them. Chairman Williams said that from
his conversations with the Community, they want more things to do, places to shop, eat, and
entertainment. Chairman Williams said he would like for the City to talk to the Community to see
thaw they want. Chairman Williams said he appreciates all that the City Staff has done and he
knows it is a lot of work. Chairman Williams said he feels that density should stay in the corridors.
Member Severs said he is in favor of a workshop to meet with Staff and City Council. Member
Severs said he sees a lot of positives in the plan but there is a lot of things that need to be looked
at because of the consequences. Member Severs said he would also like to meet with Mr. Parrish
and Assistant City Attorney Farrell to see what areas of the draft 2040 Comprehensive Plan that
Staff doesn’t agree with regarding his comments.
Chairman Williams said that the water consumption needs to be looked at.
Member Hare said this can be all worked on and appreciates all that Staff has done.
XXX
Member Noel-Copeland made a motion to table the draft 2040 Comprehensive Plan to allow time
for a workshop to be scheduled with City Staff, City Council and the Planning & Zoning
Commission members. Member Hare seconded.
Roll call was as follows:
Motion Passed.
Member Richardson stated the City Manager withdrew that. Mr. Parrish said the City Manager
withdrew that and directed them to go back to you with the consent of Council.
Member Severs recommended to consider 9A and 9B first. He said you might see who is present
on 9A and 9B, he believes both of those are advertised for next City Council meeting so they need
their recommendation and they will get as far as they can with regard to Item 8A.
Member Severs said so moved. Member Richardson seconded. There was a unanimous voice
vote.
Chairman Williams said he thought they generally cancelled the July 3 meeting. He said he did
not know if he would be there. Mr. Parrish said the next meeting would be July 17.
Member Severs said his recommendation is they start at page one and go through the document.
He said he was ready to do that tonight or at a workshop or whenever they are ready. He said
some of their questions will be expounded, everytime he reads the document he has additional
questions. He said the map itself, they have never looked at, and he has significant concerns and
questions about the map which is a very important, critical document and he thinks they need to
look at it and start from the north end and work their way south to see if anyone has any concerns
or questions about the map because they are drawing lines and boundaries on a map implementing
this plan. He said they need to make sure they agree on what they want to recommend to Council
as far as transmittal.
Member Hare said there is no workshop with Council. Chairman Williams said he was going to
ask if that was a consideration by Council. Mr. Parrish said no, that was not considered by Council.
Member Richardson said it was not even discussed by Council. Assistant City Attorney Farrell
said it was discussed at the one on one meetings prior to the meeting so they were aware of it and
had personal conversations with Richard Broome that she was not a party to but she knows they
were made aware of the recommendation from P & Z.
Member Richardson said P & Z had previously, years ago, had workshop meetings with Council
but getting back to the date he does not think that gives Brad adequate time if they discuss it
tonight. He said what he would like to see is a response to those questions. He said Brad needs
time and he is short one person but he would assume if they meet on July 2 or July 3 or later in
July that it is not necessarily they are going to adopt it or ask Council to pass it because it is 2040
and there are a lot of things to discuss. He said he thinks this was a clear case of Council and them
not having adequate time because it went to Council four days after they first discussed it. He
said he thinks it should have been discussed at length and he is not ready to discuss it tonight, he
needs to have adequate time to answer the questions they posed.
Assistant City Attorney Farrell said she does agree with Member Severs that the map needs to be
looked at and that is a substantial discussion. She said she would recommend the commission
make a suggestion as far as what order or direction you would like to look at these pieces of the
Comprehensive Plan. She said do you think the map should be looked at at the end or the beginning
before you get into the language is that a sufficient way to break it into pieces or is there any other
direction you would like to provide staff as far as breaking it into parts.
Member Severs said they should look at it early in the process, the map, because it directly impacts
the lauguage of the plan. He said then you can see how the language of the plan impacts that map,
where you are drawing the line, what protections are there for existing single family residences.
He said, the map for example, he has talked to Brad about this on South Street from Harrison
Street, Fox Lake Road North the way the Future Land Use Map shows, a lot of that is gateway, it
would allow strip commercial theoretically by that which is prohibited in the language or
discouraged in the language of the plan. He said there are numerous instances which, for example
from Knox McRae and Barna all the way past Coquina Elementary is Neighborhood Commercial
where most of those areas are residential and is that what the City wants. He said Neighborhood
Commercial strips all the way that far, that is what the map shows.
Members Severs said one question he is going to have is on Riverside Drive, Indian River Avenue
water front overlay, water front overlay says numerous times they want mixed use. He said you
are going to have mixed use on Indian River Avenue and Riverside Drive. He said you need to
look at the map because you will see well what protection is there in the language that some future
person, ten years from now, says well your plan says they shoud have mixed use in this water front
development and he bought three lots on Indian River Avenue and he wants a commercial
development together with a residential in the middle of a historic neighborhood. He said you
have to look at this carefully because it has significant impacts. He said he thinks it could be
addressed by saying simply existing neighborhoods, it really does not say that, in that particular
section, shall be protected, mandatory language because it incourages mixed development in water
front. He said that is just one example he ran across today while looking at it and they need to
look at it.
Chairman Williams said he thinks, as Mr. Severs did bring up, the map could be done first and he
thinks the map is very critical in the implimentation of the plan. He said what he would like to see
is they take the map as a whole, they divide it up to a grid fashion, have a workshop with Council
so everyone is on board, know what they are looking at, know what they agree on or disagree on
and at least be able to sit down with them an decide what to say that will give them more indication
what is going to happen. He said he knows the plan comes first and the map comes second but in
this particular case because they are changing everything as a whole, it is almost like the map
comes first because they are tailoring the map to the Comprehensive Plan which seems backward
but its really not because he understands what they are doing, he understands reducing it. He said
he thinks there are some very great elements which they have done in the plan. He said he has
seen some things that he wanted to see done by the City that you want to implement and he sees
some issues they are trying to tackle and he appreciates that.
Chairman Williams said it would be better if they worked together with Council but if they do not
want to sit down for multiple workshop at least one workshop looking at the map. He said that is
a major component into what is going to happen with the plan.
Member Severs said he hears the desire to meet with Council, he somewhat thinks it is unrealistic
that Council expects them to be the local planning agency and make their recommendation and
before they can act upon it they want their recommendation. He said he thinks Council is being
discouraged of having a meeting with them for whatever reason but they are the local planning
agency, he thinks they need to sit down, go through it and do their job in making their
recommendation.
Chairman Williams said he did not want to waste his time and that is what he feels can happen.
He said in the past he has had multiple workshops with Council, not with this Council, there has
not been a need for it. He said this particular thing is something that is a huge change and he thinks
it would be beneficial to know what they are thinking and beneficial for them to know what they
are thinking. He said we could at least ask them to sit down with the map and if they say no just
give us your recommendation he will be happy and say lets move forward. He said he feels that
would be the best approach, at least go to them and say this is what we are asking for, yes or no,
would suffice.
Member Richardson asked if Council was told they could not have joint meeting with them. Mr.
Parrish said he could not say what was told to the council members. He said they were asked about
it at the individual meetings and his understanding is that wasn’t, from the members themselves it
sounds like they were not encouraged to do it themselves, they did not agree with it from what he
understands.
Chairman Williams said if that could be proposed to Council, this is what they would like, he is
saying this for all the members. He said if they do not want to, fine, then they move forward but
he is asking if you would put it on their agenda, Planning and Zoning Commission request the
presence of Council for a workshop.
Mr. Parrish said he would like to make a suggestion and maybe you could ask collectively for
input from the Council what do they think, what are their thoughts, concerns directly and not ask
for any other type of workshop with them at this point. He said just specifically ask them what are
their general concerns about the Comprehensive Plan draft so at least you get some kind of
feedback or understanding of why they agreed or thought it was okay for the City Manager to
withdraw the public hearing. He said he was not sure they would give that feedback but you have
the right to ask.
Secretary Chambers asked why are they so adverse to having a workshop. Assistant City Attorney
Farrell said this is her opinion, and it could be inaccurate, but she believes if their was any
discouraging of the workshop it was because of the timing of the item. She said the item that was
before Council that was withdrawn was the transmittal of this item and they are so far along with
the development of the 2040 Comprehensive Plan that it has been significantly developed and
advertised to be transmitted and by removing that item from the agenda it allows the City more
time to go forward with this process. She said right now that advertisement was basically discarded
and they are back to the point where they are waiting for the P & Z to identify recommendations
one way or another with the item. She said a workshop may or may not be appropriate but what
happened recently was the item was withdrawn from Council’s agenda because that transmittal
was not going to go forward. She said hopefully that provides a little bit greater understanding for
where the Council’s position is. She said she does not think they are opposed to your
recommendation but they really do want to hear from the local planning agency, your thoughts
and considerations in the weeds, as you put it previously, you get in the weeds and that is
appreciated by staff and Council because your recommendations are so much more thorough than
Council’s ability to go through this document. Mr. Parrish said they also have budget workshops
coming up soon so that may have played into their schedule as well.
Member Richardson said Chelsea made a valid point and maybe they should have a workshop
when they have gone through it and ask questions about the map at a later date, July or August, as
for a workshop with Council because then they will be almost through or through with the 2040
Plan. Assistant City Attoryney Farrell said that would be the heat of the budget process between
August and September.
Chairman Williams said his concern is, doing it by comments, if you look at the comments that
were in this document they are all over the place by everyone, which ones do you take, which ones
do you change, what gets modified. He said that is the problem he has with that because you do
not know what is going to be changed, it gets changed, it gets moved, it gets approved but you do
not know what is the final draft. He said he knows you approve it and it goes back for comments
from the state but his concern is moving forward without knowing what he is approving. He said
he does not feel comfortable blessing without knowing that in advance but at the same time it has
always been his understanding that items specifically like this it needs their recommendation it
needs an up or down for it to move forward. He said from this standpoint they are vital in this
process.
Mr. Parrish said instead of maybe one specific workshop maybe what you could do is meet right
before your regular meeting with them at 5:00 and spend an hour informally around a table with
the maps or with parts taking apart the plan and go through it. He said they will not cover it all at
one session but your next few meetings maybe that is one way you can do it and informally discuss
that with you.
Member Richardson asked if there was any problem with that in the Sunshine Law. Assistant City
Attorney Farrell said they would have to post that the meeting would begin at 5:00 and no motions
could be made during that time.
Chairman Williams said they have done that before where it has been considered a workshop, it is
videotaped and then they switch over to the meeting.
Member Severs said he has no problem meeting whether its 5:00 or whenever he just thinks they
need to get on with the process, start at page one and go through the document. He said whenever
they do that he hopes that if there is concensus or majority vote that yes they recommend a change
in the language that they vote upon it and that way they have that and Staff can put that in the
document showing this is what Planning and Zoning Commssion recommended and they do that
as they go through it rather than waiting at the end and try to remember the five items or 20 items
that may or may not have been agreed upon, they do it as they go. He said he thinks that is a much
more efficient process and they will have a result they can present. Mr. Parrish said they would
try with that process if that is how you want to do it.
Member Richardson said he would agree as long as they give Brad adequate time to answer the
questions at least three of them have asked him.
Chairman Williams said he agreed that is step one but doing it in this fashion where they go through
it from the beginning to the end will be very time consuming not that he is saying that is a bad
thing he is just saying this is going to take along time to do that because there are so many
comments by so many people. He said they need to put the time in. Assistant City Attorney Farrell
said if they are going to meet as a group they will need four members to appear at 5:00 or whenever
you choose to be here but she wanted to remind them their presence is necessary in order to have
business conducted.
Chairman Williams asked if staff had enough. Mr. Parrish said he thought he had enough direction
from them. He said he was not sure if they could start on the June 5 meeting but they will try the
meeting right after. He said June 5 is too early.
Chairman Williams said if they could put a motion on the table for going over the map with
Council. Member Richardson asked if they know a date certain. Chairman Williams said to meet
with Council at least with the map at some point. Brad said at one of your sessions you could talk
about that map, have it laid out on a table, work on it and you would have a better understanding
of what you really want Council to understand and maybe after that session ask Council directly
you would really like to have this workshop with you because you want to talk abou this particular
issue.
Chairman Williams said when he was talking about that he was talking about gridding out a map
and going from Section A, one, two, three, is this appropriate should there be a change in this grid,
this grid, this grid because multiple areas have been brought up that may need to change. He said
by gridding it out now they know they have a complete acknowledgement that had been looked at
section by section and they feel comfortable.
Member Richardson asked if they needed to pass a motion. Chairman Williams said if they do a
motion then it ends up on their report to say they made a motion to meet with you in a workshop
fashion for mapping of the Future Land Use Map.
Member Servers said he would suggest they meet first before they have a meeting with City
Council, if they are going to talk about the map with them, then he would suggest they meet and
they are in concensus themselves.
Member Severs asked when was the second meeting in June, June 17, is that correct. Assistant
City Attorney Farrell said the 19th.
XXX
Member Severs made a motion to schedule the discussion of draft 2040 Comprehensive Plan for
the June 19 meeting starting at 5:00 p.m., going over the map and if available answers to various
questions and start going through the plan to the extent they have time available. Member
Richardson seconds.
Mr. Parrish said they would call it a workshop at 5:00 and your regular meeting would start at
6:00.
Motion Passed.
Chairman Williams asked if other cities have adopted a similar plan and can Staff provide a list of
those cities so that there can be a comparison to review. Mr. Parrish said that the plan was taken
from multiple cities, not just one. Mr. Parrish will provide information on similar plans that were
used. Mr. Parrish said that the city used consultants.
Member Speidel asked what would be the priority for adopting the plan in parts. Mr. Parrish said
that Staff would prioritize by looking at the key issues.
Member Speidel asked if the community would be involved. Mr. Parrish said yes.
Member Bobbitt asked if there is an estimated completion date of the Land Development
Regulations. Mr. Parrish said he thought it would take a year.
Stan Johnston of 860 Poinsettia Avenue Titusville, Florida came to speak against this item.
Mr. Parrish said that he did provide information that was requested at the November 6, 2019
meeting regarding the fertilizer ordinance, grass clippings and BMAP via e-mail on November 8,
2019. He also said he sent information on November 14, 2019 via e-mail from the Water Resources
Department related to how they are preventing future spills into the Indian River Lagoon. Mr.
Parrish said he is still working on getting the presentations from the workshop that Secretary
Richardson attended on October 23, 2019 and requested be provided to the Planning and Zoning
Commission.
December 4, 2019
Draft 2040 Comprehensive Plan
Mr. Parrish said he was unable to complete the final draft in time to include in tonight’s agenda
packet. Mr. Parrish said once the final draft is complete he will send it to the Planning and Zoning
Commission to review.
Chairman Williams said he wants to have time to review the final draft.
Member Noel-Copeland asked if the final draft will have track-changes on so that the Commission
can see what has been changed. Mr. Parrish said yes.
Vice Chairman Severs said he would like time to review the final draft plan. He said that at the
previous meeting there were options provided and he would suggest either option two or three. He
would like to understand how the plan will be implemented. Vice Chairman Severs said he has a
problem with the Planned Development Process because it has minimal standards. Vice Chairman
Severs said he supports the concept of improving the comprehensive plan and looks forward to
seeing the draft copy of the plan.
Secretary Richardson asked if the comments that were received from the Commission members
have been incorporated into the Comprehensive Plan. Mr. Parrish said Staff is still working on
including those comments.
Chairman Severs said he is strongly for no net loss wetlands in the City of Titusville.
Vice Chairman Richardson said that the ADA code needs to be reviewed and green infrastructure
such as electric charging stations needs to be addressed and shared parking.
Chairman Severs asked the newly appointed Commission members if they were comfortable
moving forward with the 2040 Comprehensive Plan.
Member Murray said she read the old and new Comprehensive Plans. Member Murray gave a little
background on herself coming from St. Louis Park, Minnesota and their Comprehensive Plan
which she would like to share more about because it works well. Member Murray said one
difference in the City of Titusville’s Comp Plan and St. Louis Park’s Comp Plan is St. Louis Park
has clear measurable items within the Comp Plan.
Member Porter said he met with Mr. Parrish to discuss the Comprehensive Plan and is comfortable
moving forward.
Member Grant said he met with Mr. Parrish to discuss the Comprehensive Plan and said he really
likes the plan and is comfortable with moving forward.
Chairman Severs stated in the past that his two main concerns were protection of the Indian River
Lagoon and the city’s wellfields. The Comprehensive Plan using the St. Johns River Water
Management District regulations as its guide has not worked for the last 30-40 years because
everything gets dumped into the Indian River Lagoon.
Vice Chairman Richardson said that Brooks Landing does not comply with the current Comp Plan
and he wants staff to abide by the Comp Plan.
Vice Chairman Richardson would like the Comp Plan to be easy to read and understand.
Chairman Severs said he would support moving forward with the 2040 Comprehensive Plan and
provided a handout to city staff and the Planning and Zoning Commission members with his
recommendations and comments for the 2040 Comprehensive Plan.
XXX
Member Murray made a motion to continue the 2040 Comprehensive Plan to the August 5, 2020
Planning and Zoning Commission meeting to allow the Commission more time to review and
provide additional input before this goes to City Council. Vice Chairman Richardson seconded.
Motion Passed.
August 5, 2020
Vice Chairman Richardson asked Staff if they received any feedback from any of the Planning and
Zoning Commission members since the last meeting. Mr. Quintas said not to his knowledge.
Member Murray said she was planning to give her feedback at tonight’s meeting.
Member Murray had several handouts consisting of excerpts from the St. Louis Park, Minnesota,
Comprehensive Plan that she provided to the Planning and Zoning Commission members and to
Staff to review while she discussed her comments. Member Murray said she would like to see
more narrative associated with the Comprehensive Plan because it is difficult to read. Member
Murray said the Comprehensive Plan should be followed from the vision statement to the strategic
points and she does not feel that it does that. Member Murray said she would be willing to
volunteer up to sixty hours of her time to work on the Comprehensive Plan if needed.
Member Murray said that there are many policies that involve the environment but they are
scattered throughout the plan and the policies should be better organized.
Member Murray said if the City of Titusville is looking to move towards a form-based code why
is the Comprehensive Plan not being tailored to a form-based code. Member Murray said that
form-based codes should contain many picture representations.
Member Murray said she isn’t sure where the City of Titusville stands regarding vision and
strategic plan items. She could not find implementation of certain strategic plan items. Member
Murray said objectives have to be measurable and many were not. Member Murray said she does
not find the plan understandable and the vision plan does not line up with the goals of the
Comprehensive Plan.
Member Murray said she will not vote against the Comprehensive Plan but would like these issues
addressed.
Secretary Speidel said that the Comprehensive Plan is in the standard form required legislatively.
Chairman Severs asked Member Murray if she has any specific recommendations on the
Comprehensive Plan as it is currently written. Member Murray said she has six hundred and
nineteen revisions and thought the entire plan should be revisited, however she is in support of
moving forward with the Comprehensive Plan if her comments could be addressed in the near
future.
Member Porter said he has only been able to review about three-quarters of the Comprehensive
Plan and finds it difficult to read. He said that the meeting with Mr. Parrish was very helpful. He
would support moving forward with the current Comprehensive Plan.
Member Grant said the Comprehensive Plan is a large document and he focused mostly on
reviewing Chairman Severs’ recommendations that he presented at the July 22, 2020 meeting.
Member Grant said he agrees with Chairman Severs’ recommendations. Member Grant said he
feels that the general public would have a difficult time understanding the Comprehensive Plan.
Secretary Speidel said that Member Murray’s comments regarding measurable objectives were
well taken and were addressed in Chairman Severs’ recommendation regarding policy 1.11.4;
needing a time frame.
Vice Chairman Richardson said the plan is too complex. Vice Chairman Richardson does not feel
that all of the Planning and Zoning’s recommendations have been incorporated into the plan. Vice
Chairman Richardson said that a twenty-nine-page document with the Planning and Zoning’s
recommendations was presented to Staff to be incorporated a long while ago. Vice Chairman
Richardson said that the Comprehensive Plan needs to be moved forward. Vice Chairman
Richardson said that the Planning and Zoning Commission has been falsely blamed from City
Council regarding dragging their feet on the Comprehensive Plan. Vice Chairman Richardson said
he would be in favor of approving the Comprehensive Plan with minor changes and would suggest
making the code simple to understand.
Member Porter asked if the Planning and Zoning Commission is happy with what has been
incorporated into the Comprehensive Plan over the last two years. Chairman Severs said not really
and that is why it is still being discussed.
Member Grant said that the new Planning and Zoning Commission members have to look to the
veteran members for guidance since they have not been involved in this process for very long.
Chairman Severs said he is in favor of moving forward with the current Comprehensive Plan
despite all of the recommendations that have not been incorporated into the plan. Chairman Severs
said his biggest concerns of the Comprehensive Plan are the protection of the aquifers, Area of
Critical Concern, and the Indian River Lagoon. The initial plan did not have adequate protections
in place however, he complimented Staff for incorporating some of the environmental concerns
into the 2040 Comprehensive Plan even though he feels more needs to be done.
Chairman Severs went over his handout with the recommendations he made for the 2040
Comprehensive Plan in detail.
Chairman Severs asked Staff to review the matrix table on page 78 of 167 of the agenda packet.
He has concerns with allowing commercial on local roads.
Chairman Severs asked why are all the schools not included in the classification of Civic.
Chairman Severs said Coquina School and Riverview Schools are not classified as Civic, however
Oak Park School and Madison Schools are. He said they should all be classified the same.
Chairman Severs said he has concerns with regards to where the lines are drawn on the map for
Neighborhood Centers. He would like Staff to review this.
Vice Chairman Richardson said that he now feels that Mr. Parrish should have an opportunity to
address the objections being brought up by Chairman Severs. Mr. Quintas said he will be passing
on all of the comments made tonight to Mr. Parrish and Mr. Parrish would be happy to meet one-
on-one with any of the Planning and Zoning Commission members to answer questions.
Chairman Severs suggested adding “City” to the statements on page 93, Policy 2.2.3.
Member Grant asked how low wetlands are deemed to be not functional. Mr. Quintas said it would
be determined by an environmental study.
Chairman Severs suggested adding language that compliance with the City of Titusville’s
Comprehensive Plan’s wetland regulations are required. Chairman Severs does not understand
why the City of Titusville is not budgeting for reclaimed water line expansion. Chairman Severs
asked for an update regarding the status of the joint planning agreement with Brevard County.
Member Murray asked how often the Comprehensive Plan is reviewed in depth. Mr. Quintas said
every five years. Member Murray had concerns about how measurables that need to be checked
earlier than the five years are being measured.
Member Murray said Miami’s Comprehensive Plan has done a great job at cleaning up problems
relating to flora and fauna.
Member Porter said from what has been discussed at tonight’s meeting, he does not feel that the
concerns and recommendations from the Planning and Zoning Commission have been
incorporated into the 2040 Comprehensive Plan. Member Porter asked if the Comprehensive Plan
has changed at all over the past two years. Mr. Quintas said the plan has changed and many of the
recommendations from the Planning and Zoning Commission have been incorporated into the
Plan.
Assistant City Attorney Farrell said that the Planning and Zoning Commission has two options.
The first option is to continue this item to a future meeting for more discussion and to allow time
for Staff to address some of the concerns that have been brought up or make a motion to move
forward with approval with specific recommendations to City Council.
XXX
Vice Chairman Richardson made a motion to allow staff two full weeks to address the concerns
of the Planning and Zoning Commission. Secretary Speidel seconded.
Motion Passed.
Chairman Severs said he has not been contacted by anyone from the City to discuss his
recommendations.
Member Porter asked if the recommendations that were discussed at the previous meeting were
given to Mr. Parrish. Mr. Quintas said yes.
XXX
Assistant City Attorney Farrell said that all of the Commission members should have their City-
issued e-mail addresses and she has been able to confirm everyone but Secretary Speidel. Once
confirmation is made the city will start using those e-mail addresses to conduct City business.
XXX
Member Murray made a few comments regarding the 2040 Comprehensive Plan. She said that the
structure of the comp plan is only recommended and it can include more narrative in the future.
Member Murray said she found that there are components that are optional and required and she
would like to know in the future which ones are optional and which ones are required. Member
Murray said she could not access Brevard County’s Comp Plan and would like to know if the City
has a copy that they could forward her or how she can access their Comp Plan. Member Murray
asked where she can find the twelve historic areas that are talked about. Member Murray suggested
moving the introduction and vision to the index as they are not required. Member Murray said she
will e-mail Mr. Parrish her comments. Mr. Quintas said he will also pass along the comments to
Mr. Parrish.
September 2, 2020
Mr. Parrish said he wanted to go over and address some of the Commission’s comments and
recommendations that have been made.
Mr. Parrish said that Member Murray brought up how the Comprehensive Plan talks about Form
Base Code but does not provide it in the code. The reason the Comprehensive Plan does not provide
the regulations for Form Based Code is because the Comprehensive Plan is a policy document that
sets visions and goals. The Land Use Regulations sets the actual code regulations.
Mr. Parrish said that the next step for the 2040 Comprehensive Plan is a transmittal hearing. The
Comprehensive Plan will go to the State for review and then the State will send comments back to
the City of Titusville and Staff will have to address the comments. The Comprehensive Plan will
then come back before the Planning and Zoning Commission and City Council for final approval.
Mr. Parrish said this could still take up to a year to complete.
Mr. Parrish said that Staff is asking if the Planning and Zoning Commission thinks Staff is on the
right track and could this document be supported and eventually adopted.
Mr. Parrish said Member Murray has brought up that the Comprehensive Plan does not have
metrics that can be measurable. Mr. Parrish said that because of state law and how the
Comprehensive Plans in the State of Florida are to be structured , it is much more stringent and
regulatory than it is in other states. Mr. Parrish said a lot of states do not even have Comprehensive
Plans. Mr. Parrish said what is typically found in the State of Florida Comprehensive Plans is a
plan that includes goals, objectives and policies. The strategic plans are spawned off of the
Comprehensive Plan. Staff has already worked on a Resiliency Strategic Plan and Multimodal
Plan.
Vice Chairman Richardson said his concerns are regarding commercial developments, such as
Titus Landing. Vice Chairman Richardson said that the handicapped parking spots in some areas
are on the opposite side of the parking lot and the street is cobble stone, it is difficult for
handicapped people to cross the cobble stone surfaces. There needs to be smooth surfaces. Titus
Landing is one example of why these things need to be considered more when commercial
development takes place. Vice Chairman Richardson said he has offered to help Staff when
developments like this take place because he would be available to make recommendations if
needed. Mr. Parrish said Staff could add ADA to the city-wide strategies at the beginning of the
Comprehensive Plan that talk about new development and encourage and incentivize going above
and beyond when it comes to ADA requirements.
Member Murray said that the American Disabilities Act has been in place since 1960. Member
Murray said that she believes that there is a misunderstanding about what the ADA requirements
are. Member Murray said how thorough are the ADA requirements being looked at during the
review process because the ADA guidelines are very clear. Member Murray said she is concerned
that the City is not addressing ADA according to the Federal Law.
Member Murray said Statute 163.31771(d) says you must have a process to monitor. Mr. Parrish
said the State requires that the Comprehensive Plan be evaluated every seven years, the report is
an Evaluation Appraisal Report (EAR).
Member Murray said she has not been able to see Brevard County’s Comprehensive Plan. How
can she see their Comprehensive Plan. Mr. Parrish said it used to be on their website but it is not
on the website at this time and Staff has not been able to get their plan either.
Chairman Severs said his preference would be to insert the timeframes within the Comprehensive
Plan or we have simultaneously, the Implementation Matrix so the Commission knows what is
being voted on and what the expectations are when it is being reviewed. Otherwise, it appears to
be very indefinite. Chairman Severs said he wants to know what he is voting on as black/white
and put into the plan or the matrix as apart of the plan.
Mr. Parrish said the ordinance that was adopted a few years ago talks about what can be done 20-
feet from the water. This code in the Land Development Regulations has been made even more
stringent to increase it to 25-feet and even 50-feet depending on circumstances. The code regulates
how much impervious surface is allowed and any stormwater system has to be reviewed by the
City Engineer. This ordinance has regulations to address bullet points A and B under comment 1
of the three-page letter.
Chairman Severs suggested coming up with a strategy rather than relying on a County agency that
is going to pump muck out of the river, how will that benefit the citizens of Titusville. Chairman
Severs said the City of Titusville needs to evaluate the current condition of the Indian River Lagoon
and come up with plans and strategies to improve the conditions. These plans and strategies need
to be inserted into the Comprehensive Plan to address these issues. Mr. Parrish said that it could
be inserted into the Comprehensive Plan that these are the strategies that will go forward and these
are the parameters. Chairman Severs said he attempted to do this on bullet F of the three-page
letter.
Member Murray asked what is supposed to go into the Comprehensive Plan verses policies when
it comes to protecting the Indian River Lagoon (IRL). What can be done to encourage ordinances
to be done that are very specific with regards to protecting the IRL. Member Murray said the
Comprehensive Plan is a visionary document and feels that maybe this should be addressed
through an ordinance or at the code level.
Mr. Parrish said that the Public Works Director, Kevin Cook, gave a presentation regarding Basin
Management Action Plan (BMAP) which is a plan adopted by the City of Titusville. The BMAP
includes metrics and baselines that have to be followed in order to reduce nutrient loads into the
IRL. The City of Titusville has been adopting everything that the Department of Environmental
Protection (DEP) has been asking to do. Chairman Severs said he agrees but the IRL is in such a
condition that the DEP has required the City of Titusville to do this to continue with development.
Chairman Severs said more improvements need to be done to improve the water quality over and
above what is being done.
Member Parrish said the City of Titusville could have a zero-tolerance policy and could divert all
of the stormwater west and our part of the IRL would be pristine, but as long as Cocoa and
Melbourne are continuing what they are putting into the IRL, it will get to Titusville. The problem
is bigger than Titusville, and this needs to be addressed. She is unsure if Titusville can tell these
other cities what to do.
Mr. Parrish said that the 2040 Comprehensive Plan is introducing the BMAP policy into the plan.
Member Murray asked if the BMAP is an attachment to this Comprehensive Plan. Mr. Parrish said
it is by the way of reference. Member Murray said she would like to be able to access these
references and asked if there will be a link available. Mr. Parrish said that as of right now several
plans are not on the City’s website due to ADA compliance, but Staff is working on getting
everything ADA compliant and back online.
neighborhood are apart of the neighborhood and are not necessarily just institutional. Staff did not
see a problem with allowing some schools to be included in the Neighborhood Center category
because it is a mixed-use category that serves the neighborhood. Chairman Severs said he
continues to suggest that all schools should be Civic. Oak Park Elementary was changed to Civic
and it is on Dairy Road, however, Coquina Elementary which is on Knox McRae is Neighborhood
Center. They are very similar and he does not know why one is being treated differently over the
other. Mr. Parrish said that if the Commission desires for all schools to be in the Civic category
then Staff can make that change. Chairman Severs said he would still suggest that all schools be
in Civic.
Chairman Severs said that the south end of Riverside Drive was originally as Gateway and now
looks to be changed to Downtown. Mr. Parrish said it is actually Neighborhood in the proposed
Comprehensive Plan.
Member Murray asked if the land use categories have to match up to the statutes’ categories. Mr.
Parrish said that the city has the latitude to call the land use categories what we want but have to
reference the elements called out in the statutes.
Member Murray asked to receive a full-size map once this is complete so she can better see and
understand what it says. Mr. Parrish said this will be provided.
Chairman Severs said he is satisfied with what has been changed regarding the size of
Neighborhood Center (NC), the schools being all in Civic and Riverside Drive.
Chairman Severs said he would like the language to be kept in policy 1.1.2 and 1.1.3. Mr. Parrish
said this will be kept.
Chairman Severs would like to have a canopy goal or the city within a “x” amount of time review
and study to come up with a canopy goal. Mr. Parrish said the city has submitted for a grant to
help with getting a canopy analysis of the city. This study would help justify any policies and
requirements for a minimum canopy on new development or redevelopment. Chairman Severs
suggests that the Comprehensive Plan include that this will be done. Mr. Parrish said he thought
there was language that said the city will come up with a canopy goal.
Chairman Severs said he would suggest in EN Policy 2.2.3 that language be included that says
“city or property owner”. Mr. Parrish said this can be changed.
Mr. Parrish went over EN Policy 2.2.2 and 2.2.3. Member Parrish asked what controls the
development of the “green” area that is not considered a wetland but is encompassed in this area
in reference to the Conservation land use category. Mr. Parrish explained how the Conservation
Land Use was first applied to the City using the National Wetlands Inventory in 1988, and the
policy and process of how the boundaries are amended with a wetland survey. Mr. Parrish
explained the options of protecting wetlands through the development process including the
designation of the Conservation Land Use. Mr. Parrish also explained the Planned Development
process, including the option of preserving wetlands in a platted tract. Chairman Severs said he is
concerned with Conservation Land Use being developed as Planned Development. Chairman
Severs said that under Conservation Land Use you can have 1 unit per 5 acres and if you put it in
a conservation easement they won’t be limited to 1 unit per 5 acres because it is given a Planned
Development classification where they may be allowed 5 units per acre so suddenly on 5 acres
instead of having 1 unit per acre we have 5 times 5 which is 25 units. Chairman Severs said he
sees this as a device that Staff may be promoting that allows for greater density and intensity of
use on the land. Chairman Severs said this was used for Brooks Landing and fortunately they are
only 2 units per acre. Chairman Severs said he opposes this methodology because it degrades
conservation areas and has higher intensity development adjacent to wetlands. Chairman Severs
said this is the wrong approach. Mr. Parrish said it is good to have an incentive to encourage
building around the conservation areas. Chairman Severs said the conservation should be set aside
for parks, recreation and tree canopies, not changing the wetlands to a different land use. Chairman
Severs said the proposed plan will cause greater issues and higher densities. Mr. Parrish said he
disagrees and explained it would be good to discuss this further in detail if needed outside of this
meeting.
(Video 01:38:32)
Chairman Severs said he wants language to state no net wetland loss in the City of Titusville. Mr.
Parrish said no net wetlands loss means no net wetlands loss inside the bigger area, what
encompasses St. Johns River Water. Chairman Severs said he is suggesting no net wetlands loss
in the City of Titusville. Mr. Parrish said Staff would have to find out if this is feasible or can even
be accomplished. Chairman Severs said it is his suggestion to see if it can be within the City of
Titusville boundaries.
Member Murray said she would like for language to say that the preference is for mitigation to
take place within the City of Titusville, but if not possible, then other options are as follows.
Mr. Parrish addressed EN strategy 6 and EN Strategy 5 regarding a 15-foot wetland buffer and
30% tree canopy and native vegetation. Mr. Parrish said these are regulations that should be in the
code and he would request to have time to see if these are feasible. Chairman Severs said this goes
back to his concern with preserving Area II Wellfield and there are four factors the original study
shows and one talks about retaining natural vegetation. Chairman Severs said this should be a
requirement or goal included in the plan to protect the Area of Critical Concern.
CIE plan for this year but would suggest it be budgeted for the following year so this study can be
implemented. Vice Chairman Richardson asked what happened to the master plans that were done
20-30 years ago. Mr. Parrish said he would have to find out. Vice Chairman Richardson said he
does not know why the city has to hire consultants to do studies that were done 20-30 years ago.
Mr. Parrish said that the Joint Planning Agreement with Brevard County expired, it never got
renewed by the city or county. It was basically a contract between the city and county as to how
properties will be annexed either into the county or city along the boundaries. The City include the
County in the review of site developments within a distance of the City’s boundaries and vice
versa. The draft comp plan proposes a strategy to do a master annexation plan with the county to
streamline the annexation process. Member Murray asked when the agreement expired. Mr.
Parrish said he believes it expired in 2014.
Vice Chairman Richardson made a motion to allow Mr. Johnston two more minutes of speaking
time. Member Murray seconded. There was a unanimous voice vote in favor.
XXX
Member Murray made a motion to recommend moving forward transmitting the existing
documents as the Planning and Zoning Commission has it and include the comments that were
discussed at the September 2, 2020 Planning and Zoning Commission meeting, that are to be
incorporated to City Council for the next steps in this process. Member Grant seconded.
Vice Chairman Richardson asked that the term “tiny homes” not be used and it be referred to as
“cottage homes”.
Member Murray and Member Grant accepted this amendment to the motion.
Motion passed.
Chairman Severs passed out a copy of an e-mail he sent out and he read the e-mail. A copy of the
e-mail was given to the Planning and Zoning Commission members and staff.
Member Riley asked if anything in the draft Comp Plan addresses situations such as the Sandpoint
Park situation that happened this past December. Mr. Parrish said he will research this and provide
information back to the Commission.
Kay St. Onge of 2360 Maryland Avenue Titusville, Florida came to speak against this item.
Secretary Richardson made a motion to allow one more minute of speaking time. Vice Chairman
Speidel seconded. There was a unanimous voice vote in favor.
Marlys Breckle of 3 Indian River Avenue #906 Titusville, Florida came to speak neither for nor
against this item.
William Klein of 3 Indian River Avenue #906 Titusville, Florida came to speak neither for nor
against this item. Mr. Klein provided the Recording Secretary his handout for public record.
Vice Chairman Speidel made a motion to allow one more minute of speaking time. Member Grant
seconded. There was a unanimous voice vote in favor.
Mary Sphar of 825 Clifton Cove Court Cocoa, Florida came to speak neither for nor against this
item. Ms. Sphar provided a handout to the Planning and Zoning Commission and to Staff.
Secretary Richardson made a motion to allow three more minutes of speaking time. Vice Chairman
Speidel seconded. There was a unanimous voice vote in favor.
Kathleen Perez od 3025 S. Washington Avenue Titusville, Florida came to speak neither for nor
against this item.
Secretary Richardson made a motion to allow one more minute of speaking time. Member Grant
seconded. There was a unanimous voice vote in favor.
Chairman Severs said he brought up his concerns with the draft Comp Plan early on regarding the
Indian River Lagoon and the Area of Critical Concern. Chairman Severs said he has the same
concerns.
Member Rice asked where the wetland maps came from. Mr. Parrish said it came from GIS data
from state agencies.
Secretary Richardson that this draft Comp Plan should be put on the back burner until the tree
ordinance and LID ordinance is approved.
Chairman Severs provided a handout to the Planning and Zoning Commission members and to
staff regarding his Comp Plan suggestions. Chairman Severs went over the suggestions he has
made on his handout.
Member Rice asked Mr. Parrish if this goes to state for transmittal does it come back to the
Planning and Zoning Commission for additional review. Mr. Parrish said yes.
Member Rice would like to know what the cost would be and how it would be funded if the two
year timeframe was the requirement based on Chairman Severs first suggestion on WF Strategy 4.
Member Porter asked if former Member Murray’s comments were incorporated into this draft
Comp Plan. Mr. Parrish said he did meet with Member Murray and some of her comments were
incorporated however she did not provide staff a document with all of her suggestions.
Mr. Parrish said he would like to speak in person with the citizens who spoke out about this item
in tonight’s meeting and also meet with the Commission members to further discuss their questions
and concerns to ensure that he understands each Commissioners concerns regarding specific
policies.
Assistant City Attorney Farrell said that City Council has this item on their May 25, 2021 agenda,
and whatever the Planning and Zoning Commission decides will be relayed to City Council.
Vice Chairman Speidel made a motion to table the draft Comp Plan 2040 until the Tree Ordinance
and the Low Impact Development (LID) ordinance are both passed. Secretary Richardson
seconded.
Motion passed.
Discussion took place amongst the Planning and Zoning Commission members regarding previous
action taken by the Commission regarding this item.
Mary Sphar of 825 Clifton Cove Court Cocoa, Florida came to speak neither for nor against this
item. Ms. Sphar provided a handout to the Planning and Zoning Commission and to staff.
Secretary Richardson made a motion to extend Ms. Sphar’s speaking time by one (1) minute. Vice
Chairman Speidel seconded. There was a unanimous voice vote in favor.
XXX
Secretary Richardson made a motion to recommend to City Council approval of the transmittal for
the draft 2040 Comprehensive Plan with items discussed tonight along with the Sierra Club
recommendations, previous Commission member’s comments (29 pages from former Chairman
Williams, Chairman Severs, and Secretary Richardson) along with comments made from current
Commission members and citizens. Vice Chairman Speidel seconded.
Member Rice voted no because he has not had the opportunity to review the entire document and
does not want to vote upon something when he may not be afforded the right to change his mind
later on after further reviewing it.
November 7, 2018
Member Severs said some of the language in the draft comprehensive plan is very broad. He wants
to be sure that the public’s input is always sought after. Member Severs said he would like to know
who will be involved with making decisions; will the Planning and Zoning Commission still be
involved. Member Severs said that it is also important to know what is being left out in addition
to what is being added. Member Severs said that the land use is important to compatibility in
addition to transportation. Member Severs said he has concerns with allowing certain height in
some areas on the city.
XXX
Stan Johnston of 860 Poinsettia Avenue Titusville, Florida came to speak in favor of this item. Mr.
Johnston said he feels that the comprehensive plan does not address the concerns of sea-level rise.
XXX
Member Baker said she likes how the Downtown land use has been expanded. Member Baker said
she agrees with Member Severs about height limits in certain areas of the city. Member Baker said
she would like canopy ordinances addressed.
Member Richardson said at last night’s Tree Protection Workshop that City Council had, there
was a lot of discussion on the Conservation Element and feels that there will be lots of changes
made to the Conservation Element.
Member Richardson asked Mr. Parrish to start the workshop by going over the maps that he has
displayed.
Mr. Parrish said he sent the Planning and Zoning Commission the draft 2040 Comprehensive Plan
questions, comments, and suggestions for review last Friday via e-mail. Member Speidel said she
felt the answers were very general. Member Richardson said he would like more time to review
the information. Member Hare and Member Baker said they did not have time to read over the
information and would like more time.
Mr. Parrish said he thought it would be best to use the workshops to go over the land uses one at
a time.
Mr. Parrish went over the existing Future Land Use Map (FLUM). Mr. Parrish said the biggest
changes are in the downtown.
Mr. Parrish said the proposed FLU encourages development of blighted areas.
Mr. Parrish said that he received a lot of questions about the proposed Neightborhood and
Neighborhood Center Land uses and impacts to residential neighborhoods in general. Member
Speidel asked if the Winn Dixie Plaza at Harrison and Barna is an example of mixed use in
commercial and residential. Mr. Parrish said yes.
Member Speidel asked about height requirements. Mr. Parrish said that different zonings have
different height requirements.
Mr. Parrish said the Neighborhood Land Use had the most questions. The proposed Neighborhood
Land Use is made up of the existing five residential land use catergories.
Member Richardson had questions about the floor area ratio and said it seems too complicated.
Mr. Parrish said this applies only to non-residential.
The Planning and Zoning Commission members asked that the workshop be broke down into
catergories to make it easier to review and understand.
A citizen of the public, Mary Spar, described her concerns with regard to the Conservation
Element. She also stressed her concern on allowing for community input.
Chairman Williams said he would like to address the stormwater concerns that have been brought
up by Mr. Johnston. Chairman Williams said he would like discussion on city standards and
objectives.
Vice Chairman Severs read aloud an e-mail he sent to Brad Parrish about the draft comp plan. He
would like to be able to go into details regarding the structure of the Comprehensive Plan. He also
requested wetlands, the IRL and aquifer recharge be added to the workshop discussion.
Mr. Parrish extended an invitation to all of the Planning and Zoning Commission members that he
would meet with any of them regarding the Comprehensive Plan to go over it in detail. He asked
that they contact him to setup a meeting time if desired.
Chairman Williams said he would like to go over the Comprehensive Plan in sections and be able
to vote on one section one at a time.
Member Richardson suggested that city staff go into the community and have meetings held in
different areas of the city such as, Indian River City etc. Member Speidel agreed that this is a good
idea.
Chairman Williams asked Mr. Parrish if the city was still moving forward with the Form Based
Code. Mr. Parrish said they will definitely be moving forward with the next phase of this project
if the Council concurs to include Form Based Code in the Downtown and urban design standards
in the commercial corridors.
Mr. Parrish said tonight’s workshop is regarding the Neighborhood (N) Land Use and housing in
general. Mr. Parrish provided several handouts including a printed PowerPoint presentation to
follow during the workshop.
Vice Chairman Severs said he has concerns about the one designated land use for residential. Vice
Chairman Severs said he could not find any other municipalities using this approach.
Chairman Williams said he would like to see protection for the residents that are already
established.
Member Speidel said she views the change as being reuse for neighborhoods that are declining.
Chairman Williams said the Downtown uses are expanding and there are higher density uses now.
Mr. Parrish said that the current Comprehensive Plan does not give the city any control over
neighborhoods such as La Cita where there are single family homes next to multi-family homes
etc.
Chairman Williams requested a map to show the road designations being arterial, collector, or
local.
Vice Chairman Severs said there is no locational criteria to protect neighborhoods and the city
should look into going back to low, medium or high density designations. He also requested the
same locational criteria for the existing medium and high density residential land uses to be
adjacent to a collector or higher be carried over to the new comprehensive plan.
Mr. Parrish suggested bringing back the existing residential land uses into the new comprehensive
plan.
The Planning and Zoning Commission would like to include Low Impact Development (LID),
wetlands, and aquifer recharge as discussions during the workshops.
Member Richardson said he would like to have the workshops remain scheduled even if there are
no items for the 6:00pm regular Planning and Zoning meetings.
2040 Comprehensive Plan – Workshop 2 Mixed Use Development in the Downtown, Gateway
and Neighborhood Center Land Use Classifications
Mr. Parrish suggested that this topic be continued at the October 2, 2019 Planning and Zoning
Commission workshop meeting due to only three Planning and Zoning Commission members
being present and no action can be taken.
Mr. Parrish provided a copy of the powerpoint presentation for the Planning and Zoning
Commission members to follow during his presentation.
Mr. Parrish went over the powerpoint presentation regarding the Downtown, Gateway and
Neighborhood Center Land Use classifications.
Vice Chairman Severs asked if the Form Based Code will be done by city staff or a consultant.
Mr. Parrish said they will be using a consultant.
Vice Chairman Severs said he has concerns with local streets having commercial uses.
2040 Comprehensive Plan – Workshop 2 Mixed Use Development in the Downtown, Gateway
and Neighborhood Center Land Use Classifications
Mr. Parrish gave an overview of the Mixed Uses.
Vice Chairman Severs asked if the Residential Mixed Use is really just residential. Mr. Parrish
said it does allow for churches and daycares.
Vice Chairman Severs said he was looking at the index and there are different abbreviations being
used. An example is Downtown (DT) or Downtown (D). He said there should be consistency.
Vice Chairman Severs said that FLU goals were cited but in the Land Use Catergory it was
different. He said that this is confusing. Mr. Parrish explained that the majority of the plan is place
based with a series of different types of land use policies followed by the land use categories.
Chairman Williams said that this is a huge change and it is opening up lots of options. How does
staff plan on encouraging this plan.
Vice Chairman Severs said he has concerns about max density in the gateways.
Member Noel-Copeland said she would like the pros and cons of the three options. Mr. Parrish
said he would go into more detail about the options at the next meeting.
Stan Johnston of 860 Pointsettia Avenue Titusville, Florida came to speak against this item.
Mr. Parrish reminded the Planning and Zoning Commission that he is available to meet with any
Commission member one on one to answer questions or go over concerns regarding the 2040
Comprehensive Plan in detail. Mr. Parrish invited the Planning and Zoning Commission members
to reach out to him if they had a desire to have a meeting and discuss the plan.
Mr. Parrish went over the Level of Service Standards. Mr. Parrish said the city is level E. Chairman
Williams said that he is surprised that the city is a level E because that is almost failing. Chairman
Williams said the city used to be a level C. Mr. Parrish clarified that the Level of Service Standard
is E.
Member Speidel asked if charging stations have been addressed for the future. Mr. Parrish said
there is nothing in the Comp Plan at this time regarding charging stations but it is going to be
looked at. Member Richardson said he brought up charging stations about six months ago. Mr.
Parrish said the Comp Plan is still in the drafting stage and staff is still getting feedback to
incorporate. Member Richardson asked why the comments that have been made by the
Commission have not been incorporated. Mr. Parrish said that all the comments have been kept to
review as the final draft is done. Member Speidel said that the comments should be incorporated
right away and not postponed to the end.
Member Richardson said that due to the launches, open space along the river is almost required.
Mr. Parrish said that they can look into a policy that would address launches.
Chairman Williams said that he thought the requirement for new developments to have to have a
park was a strict standard. Chairman Williams said he thought having a park or open space every
¼ mile of residential developments was a high standard. Chairman Williams suggested language
of having a park or green space. Chairman Williams said that he doesn’t see these areas being
used. Member Spediel said these spaces would contribute to the aesthetics of the city. Member
Speidel said that these areas don’t necessarily need to be recreational. Mr. Parrish said this needs
to be better defined. Member Speidel said the community wants to see more green spaces and save
more trees.
Vice Chairman Severs said initially he would agree with Chairman Williams, however in light of
the discussion at Council level and others there is a desire to save trees. Vice Chairman Severs
said he can see how the ¼ of a mile would be consistent to help save the trees.
Member Richardson said he has concerns about the parks not being maintained. Member
Richardson suggested that something be included regarding who will maintain the parks.
Bill Klein of 3 Indian River Avenue Titusville, Florida came to speak about parks. Mr. Klein said
there are major changes fixing to take place at Parrish Park that he is concerned about. He would
suggest that the people who use the parks be the ones involved with planning parks and making
changes to parks. Mr. Klein said parks should be looked at for use and desirability. Mr. Klein
suggested putting trees around walkways for shade.
Michael Myjak of 4420 Alpine Lane Titusville, Florida came to speak about parks. Mr. Myjak
said our system while functioning is actually broken. Mr. Myjak said that the Titusville
Environmental Commission should have just as much power to review development plans as the
Planning and Zoning Commission because it impacts the environment. Mr. Myjak said he doesn’t
want to live in a community that is level E. Mr. Myjak said they should strive for level B. Mr.
Myjak said that the Titusville Environmental Commission is not included in this process and they
should be. Mr. Myjak said that stormwater needs to be distributed in new development not in one
location. Mr. Myjak said more trees need to be saved and the city needs to be practicing low impact
development.
Paul Slew of Titusville asked that the city keep in their vision for future plans the wild areas in the
City of Titusville.
Chairman Williams said this is the time for the community to come and speak up to City Council
regarding what they want for the community. Chairman Williams encouraged everyone to tell their
friends and neighbors to speak up.
Vice Chairman Severs asked when the Indian River Lagoon (IRL) is going to be discussed. Vice
Chairman Severs suggested an entire session dedicated to discussion of the Indian River Lagoon.
He does not see any additional protection being added to protect the IRL. Mr. Parrish said that
there is a strategy that talks about the BMAP and he will bring more information back regarding
this.
Vice Chairman Severs said he hasn’t seen any capital improvements allocated towards Indian
River Lagoon protection.
Mr. Myjak said he would like for the city to include solar energy in their buildings.
Mr. Parrish said there is a new policy for Green Building standards.
Member Richardson said that Titusville’s population is growing and he said that there is a need to
look at handicapped parking because it should be increased.
Vice Chairman Severs said that there is an issue with a lack of a sidewalk on Harrison and US 1.
He said that he has seen people walking in the grass because the sidewalk doesn’t exist. This needs
to be addressed.
Maryles Breckle of 3 Indian River Avenue Titusville, Florida said that there is a need for
crosswalks in Titusville. Ms. Breckle specifically said a crosswalk is needed near the Titusville
High School on Hopkins Avenue and near the A. Max Brewer Bridge and Sandpoint Park entrance.
Ms. Breckle said someone needs to go around the City of Titusville and look at areas where people
tend to cross the streets and add crosswalks. Mr. Klein agreed that there is a real need for
crosswalks especially at the A. Max Brewer Bridge and Sandpoint Park entrance.
2040 Comprehensive Plan – Conservation Land Use and Open Space/Environmental Policies –
Tree preservation, land clearing, clustered development, open space requirements and wetlands
Mr. Parrish gave handouts to the Planning and Zoning Commission to review during his
presentation. Mr. Parrish said that tonight will be the last workshop meeting that is scheduled
unless the Planning and Zoning Commission has additional thoughts for workshops. Mr. Parrish
said that a final draft including all of the comments that have been received from the Commission
will be presented to the Planning and Zoning Commission for review at the December 4, 2019
meeting. Mr. Parrish said he plans to present the options for the 2040 Comprehensive Plan to the
Planning and Zoning Commission at the November 20, 2019 meeting. Mr. Parrish said he will go
over the options in detail. Mr. Parrish said there are four (4) options that he thought of.
Mr. Parrish went over the handout regarding tree preservation. Mr. Parrish said this presentation
was given to City Council at the July 16, 2019 meeting.
Chairman Williams asked if Conservation can be expanded to more than just wetlands such as the
Enchanted Forest. Mr. Parrish said that Conservation can be looked at for expanding to
environmentally sensitive areas. Chairman Williams said the definition could be expanded.
Vice Chairman Severs said he has two areas of concerns. First, the Land Use Maps have not been
addressed. Second, questions were provided in the past to have answered but the Planning and
Zoning Commission did not discuss each one. Vice Chairman Severs would like to have the
Planning and Zoning Commission members’ feedback on each one. Vice Chairman Severs said
there were suggested strategies and comments provided and wanted to know if these will be
incorporated into the draft comprehensive plan. Mr. Parrish said that staff will try to incorporate
the comments but will have to make judgment calls as to what should or should not be
incorporated.
David Botto of Titusville, Florida came to speak in regards to this item. Mr. Botto talked about the
Conservation Basin Action Plan. He would like for the city to address the problem of runoff.
Kay St. Onge of 2360 Maryland Avenue Titusville, Florida came to speak in regards to this item.
Ms. St. Onge talked about her concerns with clear cutting. Ms. St. Onge gave a copy of the city’s
matrix regarding the comprehensive plan.
Bill Klein of 3 Indian River Avenue Titusville, Florida came to speak for this item. Mr. Klein
spoke about his concerns with the Indian River Lagoon, over development of land, clear cutting
and the need for more dry retention ponds.
Vice Chairman Severs said the current comprehensive plan has a no net loss of wetlands and he
would like the current plan enforced regarding no net loss of wetlands.
Mary Sphar 825 Clifton Cove Court Cocoa, Florida came to speak in regards to this item. Ms.
Sphar gave a handout and read from the handout.
Kathleen Burson of Titusville, Florida came to speak in regards to this item. Ms. Burson said more
enforcement type terms need to be used in the code. Spoke about Senate Bill 11-59.
Michael Myjak of Titusville, Florida came to speak in regards to this item. Mr. Myjak spoke about
his concerns regarding clear cutting of land.
Linwood V. Rice of 505 Indian River Avenue Titusville, Florida came to speak in regards to this
item. Mr. Rice said the other side needs to be looked at such as reducing the stormwater
requirements to save land. Suggestions were to reduce street widths, use roadside ditches and look
at reducing impervious areas to have more green space.
Secretary Richardson said he met with Mr. Parrish to have discussion regarding the 2040
Comprehensive Plan and will be voting in favor of the 2040 Comprehensive Plan. He suggested
taking a break after the Comprehensive Plan is adopted and to work on code.
CONSERVATION ELEMI
CITY OF TMSVILU
areas she
Policy 1. 1. 11:
AU costs for restoring environmentaiiy damaged
home by the Party directly responsible for the State
dan as er
Mitigation ( wedands/seagrass) shall occur
If within a reasonable time, fa
Federal regulations.
has not been .succes u 1 -.-
1. 2. 1.2: landscape plans and plant materials required of new dev lopment
SIMH promote the use of native plant species
avoid the
Planting Of exotic plants known to
create nuisances. policy 1.
2.
2: The City recognizes the value of trees as an important immunity resource.
shall define criteria for these trees and
The OW
adopt land development regulations to be enforced through the
Permitting Pros and the MY tiee ordinance to afford them
adequate protection during develoPment These regulations at
a minimum shall include: poNcy 1.
developers latitude in some cases to devise dative sbategies
to save.__
trees dytia9-
G b. Levy
dc'velop°'
these as
of fines for the unlawfulremoval ndor dentto trees
provided by Regulations ( LDR' s);
and C.Protection zone
2.
3: policy 1. not allow the total removal of
andvegetatlandscape
ion during land devel
Plans opment. New
shall
development applications
emphasize the maintenance of indigenous vegetation, rather than
clearing and replanting. Removal of exotics
2A:a. Allowing
and nuisances; Nuisance and exotics Nsbed as either Type I
or Type II invasive exotics in the Florida Fxoric conservation anent M
e"
e -
a- ,.o- \C ` _
Sv S 50- ' I', 0-.
0
i
Page 436 of 732
City Council Regular - July 13, 2021 - 6:30 PM C WVW4; rc*#
a¢e
City of Titusville, Florida Code of Ordinance, Volume II Land Development Regulations, Chapter 30
Development Standards
1 c.
Thirty ( 30) percent if the site is between seven hundred fifty feet and fifteen hundred feet
2(
1, 500) of an active municipal production well site.
3( 7) Impervious parking lot requirements may be waived for uses located within the Area of Critical
4
Concern provided that erosion control measures are approved by the Administrator. However,
5
any accessway onto a public right- of-way shall be paved a minimum distance of twenty (20) feet
6
into the property in order to provide for public safety and drainage.
7( 8) Development shall be designed to minimize the reduction of recharge to the surficial aquifer.
8
The groundwater level and fluctuations shall be no worse than under predevelopment
9 conditions.
10 ( 9)
For wells in excess of two ( 2) inches in diameter licensed well drillers installing private wells in
11
the Area of Critical Concern, shall first notify the Administrator and supply information
12
concerning owners name, address, property locations, depth and diameter of well and pumping
13 capacity.
14 (
10) Only one ( 1) black water septic tank permitted per acre, not to exceed one thousand two
15
hundred ( 1, 200) gallon capacity, shall be allowed.
16 (
11) Home fuel oil storage tanks are prohibited within the Area of Critical Concern.
17 (
12) The minimum lot size for all future single- family developments shall be ten thousand ( 10, 000)
18 square feet, excluding retention ponds.
19 (
13) Preservation of predevelopment topography, grades, soils and vegetation shall be encouraged.
20 (
14) That each site/ subdivision must calculate the maximum impervious area for each lot( s). this
21
information must be included on site plan Wor plat.
22 Sec. 30- 208. - Pervious pavement standards in the Area of Critical Concern.
23
Pervious pavement standards in the Area of Critical Concern are set forth per Section 7.7 of the
24 Stormwater Technical Manual.
Page 53 of 94
21
Page 437 of 732
City Council Regular - July 13, 2021 - 6:30 PM
c)
ao 3 co-
Removal of soil f rom a development sit a with in t he area o f cri tical
concern shall be prohibited unless ., otherwise approved by the
administrator. Importing clean fill on a site for the purpose of creating
additional recharge shall be encouraged.
d) Reduction of natural topography shall be minimized. The reduction of
natural topography shall be limited eight ( 8) feet above the seasonal high
water table ( with the exception of drainage conveyances or retention
ponds) or eight ( 8) feet below existing land surface, whichever is more
restrictive. This section shall not apply to excavation beneath a structure
for the purpose of providing a basement except that in no case shall such
excavation be within eighteen ( 18) inches of the seasonal high water
table. The limitations on the extent of the above cut of the natural
topography shall not be construed as an automatic authorization to alter
the natural topography. The project shall be designed to minimize the
change in natural topography.
e) Within the " Area of Critical Concernthe total of all impervious surfaces shall
not exceed forty (40) percent of the total area of a dev lopment excluding
publicly dedicated right-of-way and jurisdictional wetlands. If pervious
concrete pavement is used in the development of the site, a credit
for the use of pervious concrete pavement will be given in ac ordance
with ordinance. In no event shall the total of all impervious surfaces
exceed forty (40) percent of the total area of the development except
as authorized herein. f)
Sites adjacent to existing municipal potable water wells (those [ for] which
the City has acquired property or water rights) shall not have impervious
surfaces in excess of twenty (20)percent of area within three hundred (
300) feet, twenty- five (25) percent of the area up to 750 feet and
thirty (30) percent of the area up to fifteen hundred feet 1,5
( 0 ) of an active
municipal production well site. g)
Paved parking lot requirements may be waived for uses located within the
Area of Critical Concern provided that erosion control measures are approved
by the Administrator. However, any accessway onto a public right-
of-way shall be paved a minmum distance of twenty (20) feet into the
property in order to provide for public safety and drainage. h)
Development shall be so designed to minimize the reduction of recharge to
the surficial aquifer. The groundwater level and fluctuations shall be no
worse than under predevelopment conditions.i)
Licensed well drillers installing private wells in the Area of Critical Concern,
shall first notify the Administrator and supply information concerning
owners name, address, property locations, depth and diameter of
well and pumping capacity for wells in exces of two (2)inches in diameter.
j)
Only one black water septic tank permit ed per acre, not to exce d one thousand
two hundred ( 1,20 ) gallon capacity, shall be allowed. k)
Home fuel oil storage tanks are prohibited within the Area of Critical Concern.
1)
The minimum lot size for all future single- family developments shall be ten
thousand ( 10, 000) square feet, excluding retention ponds. Ultimate
development design shall be in harmony with the natural lay of the
land. Preservation of predevelopment topography, grades, soils and vegetation
shall be encouraged. Ordinance
2 of 3 ti
No.
10- 2013 Page
F(
n) Necessary surface grading and vegetative clearing shall be minimal and
occur only in vehicular accessways and utility rights -of w
- ay, retention
areas, and areas of cut and fill ( areas where the natural topography is
altered) and or ea sements pur suant to an approved pla n by t he C ity
Council.
SECTION 3. Effective Date. This Ordinance shall take effect immediately upon its adoption.
ATTEST:
boo scee2e
e) Erosion and sedimentations plans shall bg approved by the city prior to issuance of an
Utility Construction Permit
fl continue
Erosion and sedimentation facilities shall receive regular maintenance to assure that thev
to function properly.
a)
All Retention Stormwater Management facilities are to be designed as dry bottom facilities
b) Retention and Discharge Requirements:
1)
For a development site located above twenty- five ( 25) feet msl, the postdevelopment
runoff volume resulting from the ten- year/ twenty- four- hour storm event shall be retained
on site. The retention area required for the ten-year/twenty-four-hour storm shall be
based on the percentage of impervious surface on the site. The rate of discharge over
the retained ten- year/twenty-four-hour storm volume shall be restricted to the
predevelopment rate of discharge for a twenty- five- year/ twenty- four- hour storm event.
1/ 2) one- half foot of freeboard shall be required above the overflow elevation. The area
needed for the freeboard is extra, above the area calculated above. Engineering
calculations, using approved methods, showing that the ten-year/twenty-fourf-hour]
storm retention requirements have been met shall be required.
2)
For development sites below twenty-five ( 25) feet msl, retention and discharge
requirements shall be as provided in Section 35-56, 35- 62 for developments located
outside the area of critical concern. This includes the use of wet detention
3)
For development sites having elevations both above and below twenty-five ( 25) feet
msl, the performance criteria is as follows:
Those portions of the development site which are above twenty- five ( 25) feet
msl shall conform to the performance standards set forth in paragraph ( a)( 1)
of this section, and all required retention ponds and other such improvements
for the areas above twenty-five ( 25) feet msl shall be located in the areas
above twenty- five ( 25) feet msl.
c)
Removal of soil from a development site within the area of critical concern shall be prohibited
unless otherwise approved by the administrator. Importing clean fill on a site for the purpose of
creating additional recharge shall be encouraged
d) Reduction of natural topography shall be minimized. The reduction of natural topography shall be
limited to s*x ( 6) eight ( 8) feet above the neFmal seasonal high water table ( with the exception of
drainage conveyances or retention ponds) or eight ( B) feet below existing land surface, whichever is
more restrictive. This section shall not apply to excavation beneath a structure for the purpose of
providing a basement except that in no case shall such excavation be within eighteen ( 18) inches of
the real seasonal high water table. The limitations on the extent of the above cut of the natural
topography shall not be construed as an automatic authorization to alter the natural topography. The
protect shall be designed to minimize the change in natural topography.
2° 0 Draft Page 16 of 21
City Attorney
April 18, 2005
Dear fellow Commissioners attached are some of my Questions, Comments and Suggestions
concerning the draft comprehensive plan and comments on the Future Land Use Map . I am providinE
this information in advance of the meeting for your information and review. Please do not respond to
me other than at our public meeting. I am not sure how as Commissioners we are to know what
changes there are to the current comprehensive plan since that information has not been provided
showing strike through and highlighting of the changes to the current plan.
2/
M &, 4)
7
4. 4th paragraph from bottom Do you want to acknowledge Council, P& Z etc.
21. CD policy 1. 4. 4 What is flexible zoning standards and site development waivers?
23. CD policy 1. 9. 5 Concern over use of PD as guide based on Park ay. and JAY Jay rd.
experience,
24. CD. Objective 1. 10 Refresh recollection on 2018 EAR amendment. Use actual density rather
than theoretical density example 80 units on 20 acres = 4units per acre not 5. 1 Baseline use actual.
27. DT Strategy 3. We have a master stormwater plan. Why not utilize? Not another expensive
study.
27. DT Strategy 5. We have master landscape plan ? Why only apply to public spaces?
28 WF policy 1. 2. 2 Are we trying to implement? What about Antigua Bay single family?
D. The City Storm water utility shall within 2 years evaluate best practices to eliminate
direct discharge of storm water from existing systems.
F. The City will within 2 years form a committee or authorize an existing organization to
explore and evaluate within the city of Titusville best practices to rehabilitate or improve water quality
and environmental conditions of the Indian River Lagoon for the citizens of Titusville.
31 GW Objective 1. 3 Add to end of sentence .... and shall protect and transition to single- family
neighborhoods, where present in an orderly fashion.
33. NH policy 1. 3. 8. How to implement? Two story house on street with all one story?
40. CM Policy 1. 2. 3 Do we have jurisdiction? Suggested wording: The City will cooperate with
federal and State regulators in the protection of the West Indian manatee.
44. So by 2020 the City should be in a position to adopt new first floor elevations levels within
Coastal High hazards area???
47 Corridor/ Land Use Matrix. Object to local roads being accessed from Gateway, Neighborhood
Centers, and Research and Manufacturing land uses. Allowing use or access to local neighborhood
streets from those uses does not protect the neighborhoods.
66. Building height not exceed 4 stories except Downtown??? Based on Height Overlay what
is height?
74. OS Strategy 1. Good idea What about County Park and Rec. Cost of performing??
77. EN policy 1. 1. 2 Use existing language in Strategy 1. 2. 1. 1 ( See attached) The city will prevent
clear cutting of land by requiring new developments to integrate existing healthy non -exotic vegetation
into landscape plans. ( why water -down the existing language) Also you have left out policy 1. 2. 3 Why
which says; The City will not allow the total removal of vegetation during land development. New
development applications and landscape plans shall emphasize the maintenance of indigenous
vegetation, rather than clearing and replanting.( see attached)
81. EN policy 1. 10 Who make decision to fill or eliminate wetlands, Staff or Council?
81. Add under section EN Policy 1. 10 . Natural vegetated buffers shall be retained around
wetlands in order to protect the functional value of the wetlands . At a minimum at least an average
minimum of 15 feet will be maintained around the wetland or such additional width as maybe
established by the LDR' s . If existing vegetation buffers do not exist then they will be established.
82. Add to EN or under PW policy section the following sections: The city shall maintain
regulations regulating the Area of Critical concern. The regulations shall provide:
a. Necessary surface grading and vegetative clearing shall be minimal and occur only in
vehicular access ways and utility rights of way , retention areas, or as authorized by council.
B. Require future development of 5 acres or more within Area of Critical concern to
utilize conservation subdivision process with 50 % or more open space with emphasis on maintaining
natural topography and native vegetation. Adjustment to lot sizes would be authorized by LDR' s
c. Require staff within the next 2 years to evaluate a program to extend the reclaimed
water system to the Area 2 wellfield area of critical concern and an action to implement such a plan.
D. Require new subdivisions to install wet or dry reclaimed water systems in the ACC
and to connect when available.
E. The city within the next 2 years evaluate restricting within the ACC landscaping to
xeriscaping , native plants and vegetation and restricting lawn grasses to drought tolerate grasses.
F. The City will evaluate restricting deep wells within the zones surrounding municipal
wells.
94. Add to PW Evaluate and eliminate septic tanks east of FEC right of way.
100. Add to SW. The city shall within a 2 year period study what alternatives are available
utilizing best management practice to modify existing regulations or storm water systems discharging
into the Indian river lagoon to improve water quality within the Titusville area.
102 Solid Waste The city shall implement best management practices so as to clean and sweep
streets of debris , leaves, and waste before discharging in the Indian river lagoon.
111. There should be a capital improvement fund for expansion of Reclaimed water system.
112. Any improvement of dock at Rotary park should have a dock elevated to at least 5 feet
above mean high water line.
117. The City and County in cooperation with each other shall evaluate the elimination of septic
systems east of the FEC railway to the Indian River from Jay Jay Road south to King highway. On the
south.
What is
118. IC policy 1. 5. 5 Will the city have open space preservation requirements in ACC? (
suggested language)
Policy 1. 2. 3: The City will not allow the total removal of vegetation
applications
during
and
land development. New development
landscape plans shall emphasize the maintenance of indigenous
vegetation, rather than clearing and replanting.
Policy 1. 2. 5: The City shall ensure the protection and preservation of high
quality native ecosystems through acquisition whenever it is
economically feasible. The City shall also support cooperative
land acquisition efforts for protection of the environment.
Conservation Element
Page 4 of 15
2018 EAR
Policy 1. 14. 2: The City shall continue operation of a water reuse system and
expand this system as appropriate.
Policy 1. 14.3: The City shall encourage the use of reused water stormwater for
irrigation and the use of native vegetation.
Policy 1. 14. 4: The City shall meet water use demands by using water of and
the
lowest quality acceptable for the intended application,
reused water shall be used in lieu of groundwater or surface
water withdrawn for all water use applications, which do no
require potable water wherever and whenever, such water is
reasonably available.
Policy 1. 14. 5: The City shall ensure its future water supplies through the
implementation of comprehensive wellfield protection programs,
which limit activities, which might degrade the quality or
quantity of water from public wellfields.
Policy 1. 14. 6: The City shall utilize the emergency conservation techniques in
accordance with the regional water management district in times
of a ` declared' severe water shortage.
Policy 1. 14. 7: The City shall encourage water conservation through the use of
Green building construction and site design techniques.
Policy 1. 14. 8: The City shall encourage the use of rain sensors and soil
moisture sensors in the education portion of the Conservation
Program.
Policy 1. 14.9: The City shall ensure that all potable water service connections
are metered in accordance with Titusville Ordinance Section 21-
241,
Policy 1. 14. 10: The City shall provide a meter replacement and calibration
program.
Policy 1. 14. 11: The City shall maintain a leak detection protection program in
order to discover and eliminate wasteful losses of potable water
from the Ciity' s distribution system.
Policy 1. 14. 12: The City shall continue to promote conservation programs
through education and different information tools consistent to
Water Supply Work Plan.
Policy 1. 14. 13: All new development location in the Area of Critical Concern will
be required to connect to the reclaimed water system prior to
occupancy, or provide dry lines for future connection.
Objective 1. 15: Public Education. To ensure the education of the City' s residents,
visitors, and water consumers of the need to conserve and protect all
Conservation Element
Page 13 of 15
2018 EAR
local governments. City water supply planning will be coordinated with the
St. Johns River Water Management District' s Regional Water Supply Plan.
Additional water supply sources may need to be identified and developed
to supplement existing sources. The City's Water Supply Facilities Work
Plan, adopted 2007, is hereby adopted into the Comprehensive Plan by
reference. The work plan shall be updated, at a minimum, every 5 years
within 18 months after the St. Johns River Water Management district
approves an updated regional water supply plan.
Policy 5. 2. 1: The City shall require low water use showers and toilets for all
construction within the City.
Policy 5. 2. 4: All new developments located in the Area of Critical Concern will
be required to connect to the reclaimed water system prior to
occupancy, or provide dry lines for future connection.
Policy 5. 2.6: The City shall encourage existing development to use fixtures
such as low -volume shower heads and low -volume faucets that
will help in conservation of water. The City shall also continue
the toilet retrofit rebate and shower head exchange program.
Objective 5. 3: Water Supply. The City shall implement and update its water supply
plan at least every ten years consistent with water supply sources
identified in the St. Johns River Water Management District ( SJRWMD)
District Water Supply Plan, while conserving and protecting its water
supply sources.
Policy 5. 3. 1: The City shall participate in the water supply planning process in
conjunction with the SJRWMD and other pertinent entities, with
the objective to develop a regional water supply plan that will
reasonably ensure adequate quantity and quality of potable
water resources needed to meet future demands without
creating water use conflicts or unacceptable impacts to natural
resources.
Policy 5. 3. 2: The City shall continue to monitor the resource availability of its
existing well -fields to determine their health, viability and the
Infrastructure Element
Page b of 7 2018 EAR
Page 50
1. All Public Schools should be in the Civic or governmental Land Use rather than GW Titusville
High Neighborhood Astrouant , Madison Oak Park NC etc. If there is a change in use I would rather the
City have an initial decision on Future Land Use than automatically in a category that may or may not be
appropriate.
2. Concern of the size of NC at Singleton and Diary Old Dixie and Diary .
5. Church at SE corner of Carpenter and Garden why is that NC why not N for now.
7. GW all along Garden backing up to Single family N concern over transition and buffering.
8. GW north of Harrison and Southstreet across from Fox Lake Manor should that be NC
9. Size of NC at park and Harrison and Barna and Harrison and Deleon and Harrison why
apartments not in N
10 Between Hopkins and US1 entire area GW what about protect of N single family.
12. Concern of transition and protection of single family next to GW and NC not only set backs
walls etc. but uses . There is a certain risk with this land use and inherit conflicts with uses maybe even
more than our present Land Use Plan. To adopt this plan without knowing how implemented requires a
leap of faith .
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Page 450 of 732
City Council Regular - July 13, 2021 - 6:30 PM
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Dargie, Laurie
Piz- s- ri- 19
Laurie, please print copies of this email and the attached for each commissioner for tomorrow night' s meeting.
Thank you,
Brad Parrish
Good Morning — Please see below questions and comments from Member Richardson. This is to review before
the May 8, 2019 P& Z meeting.
1. There is a typo on page 7 in the infographic related to the community analyst data.
2. The term FAR is used throughout, however is not defined. Can this be included in the glossary?
3. Shared parking is a good concept. Can this be incorporated into other areas/ uses within the City?
4. Can electric vehicle charging stations be required for specific types of development ( i. e. apartment
complexes and convenience stores)?
5. No mention of " tiny homes." Could these be allowed starting within the CDBG target area and then
potentially expanded to other areas of the City?
6. Policies related to recycling should be included under the Solid Waste portion of the Comprehensive
Plan.
7. Should be additional policies and incentives related to " green" infrastructure and sustainable building
practices.
8. Little to no references related to ADA accessibility. Can these be incorporated into the draft
Comprehensive Plan?
the Indian River Lagoon is obvious. What was shocking to me was that
the initial plan was making the regulations even less restrictive relating
to tree protection, wetland protection and aquifer protection.
The revised plan does restore some of the environmental
concerns and improves on potential wetland and aquifer protection. I
feel a lot more needs to be done for the Citizens of Titusville.
COMMENTS ON CURRENT DRAFT 2020 PLAN
1. Page 29. CD policy 1. 11. 4 says " Address storm -water runoff
issues in the immediate surrounding areas as well as for the on -site
development. "
Need time frame and address issues -1-- raised May 6
2019 3o Add other Strategies:-
D. The City storm water utility shall within 2 years evaluate best practices to eliminate
direct discharge of storm water from existing systems.
F. The City will within 2 years form a committee or authorize an existing organization to
explore and evaluate within the city of Titusville best practices to rehabilitate or improve water quality
and environmental conditions of the Indian River Lagoon for the citizens of Titusville.
Page 463 of 732
City Council Regular - July 13, 2021 - 6:30 PM
streets?
I/ L6.3.2:
At a minimum, wetlands 5 acres or more in size
shall be deskjnated as a conservation land use and
wetlands less than 5 acres will be subject to MW60"
to determine what Protection, if any, they should
malve
SM review shalt be
based on
strategy
furwal
1.6.4.If
s in
based on this determination,
Protection is warranted, development may be
permit6ed,
based upon criteria set forth in the
environmental performance standards of the land
development regulations.
Page 464 of 732
City Council Regular - July 13, 2021 - 6:30 PM
20.
Page 94. EN Policy 2.2.4 E. clarify language to say Any
unavoidable damage or loss of wetland shall be mitigated to ensure no
net loss of wetlands and no loss of functional value.
21. Page 94. EN Strategy 6 revised to read as follows; Natural
vegetated buffers shall be retained around wetlands in order to protect
the functional value of wetlands. At a minimum at least an average
minimum of 15 feet will be maintained around the wetland or such
additional width as maybe established by the LDR' s. If existing
vegetation buffers do not exist then they will be established.
22. Page 94 Add in EN Strategy 5. An additional section which
reads;
Within the ACC future development shall be required to
preserve at least 30 % of the tree canopy and native vegetation.
wetlands less than 5 acres will be subject to review to determine what protection, if
any, they should receive from development. Said review shall be based on the
functional value criteria specified in Strategy 1. 6. 4. If based on this determination,
protection is warranted, development may be permitted, based upon criteria set forth
in the environmental performance standards of the land development regulations.
The Conservation Land Use shall be amended to include . . . . and any other upland
areas to be permitted for preservation for state and/ or federal listed wildlife species.
Permitted uses within the Conservation land use area shall be limited to residential
uses of one unit per five acres, conservation, recreation, open space, and stormwater
management systems consistent with the policies of the Conservation Element and
transmittal)
3. Prohibit new lots without sufficient upland areas that can be developed.
ecA\ c r Kt hc
Page 466 of 732
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City Council Regular - July 13, 2021 - 6:30 PM CITY OF TITUSVILLE •
6130. 1
NOTICE OF PUBLIC
e3 •
HEARINGS REGARDING TEXT
AMENDMENTS
TO THE COMPREHENSIVE PLAN
AND 'NOTICE OF PROPOSED.
COMPREHENSIVE PLAN UPDATE
PLEASE TAKE NOTICE The City of Titusville: proposes to amend
the comprehensive plan by adopting. the 2040 : Comprehensive Plan
and authorizing transmittal ofthe proposed amendment to the. Florida
Department of Economic Opportunity( Comprehensive Plan Amendment
Application No: 1- 2021). •
The Titusville City. Council will hold a transmittal public hearing at its regular
meeting on these matterson Tuesday, July 13, 2021. The meeting will
begin` at: 6: 30. p. m. and will be held in the Council Chamber on the second
floor of City Hall, 555 South Washington Avenue, Titusville, Florida, 32796.
Any person who decides to appeal any decision of the City Council or.the
Planning and Zoning Commission, acting as Local Planning, Agency, with
respect to any matter being considered at these meetings' will need to
ensure that a verbatim record of the proceedings is made,' which record
includes the testimony and evidence upon which the appeal is to be based.
Category:
Item: D.
City of Titusville
Recommended Action:
Approve ROW No. 1-2021 to vacate a portion of Riverside Drive with conditions and adopt
related Resolution No. 22-2021.
The Planning and Zoning Commission considered this request at their July 7, 2021
regular meeting and tabled in order to send notices to all residents of Indian River
Avenue and Riveredge Drive. Motion passed 6-0 with one member abstaining.
In 2007, the City entered into a development agreement with the owner of the River Palms
condominium property with the following condition:
"The Developer is to close-off the direct access from the north bound US1 travel lane to Riverside
Drive and install a right turn lane located at the traffic signal at the Titusville High School entrance
per FDOT standards. This provision is subject to FDOT approval. If the FDOT does not grant
approval, provided that the Developer has submitted all FDOT application requirements, then the
Developer shall have no obligation under this provision and the balance of the Agreement shall
remain in full forced and effect. The Developer shall not be obligated to close the access and install
the turn lane until the time of construction of the project."
FDOT did not approve a new right turn lane and instead approved minor changes to the
intersection only.
The staff recommends approval of the request to vacate the right of way with the following
conditions.
1. That all required drainage and utility easements are provided for all existing facilities in the
area to be vacated together with easement to access these areas.
2. In the event that compliance with the conditions set forth herein is not achieved within one-
hundred eighty (180) days of the date of approval of this vacation, this resolution shall become
null and void.
Alternatives:
1. Approve the vacate request as recommended by staff.
2. Approve the vacate request with changes from the staff recommendation.
2. Do not approve the vacate request.
Item Budgeted:
NA
Strategic Plan:
No. 2 – Efficient and Effective Services
ATTACHMENTS:
Description Upload Date Type
staff report 7/2/2021 Backup Material
Aerial 6/11/2021 Backup Material
Aerial 6/11/2021 Backup Material
Vacate Resolution 7/2/2021 Backup Material
Resolution Exhibit A 6/11/2021 Backup Material
River Palms Development Agreement 6/21/2021 Backup Material
conditions
Utility Letters 7/2/2021 Backup Material
application 6/11/2021 Backup Material
Legal Ad 6/29/2021 Backup Material
City of Titusville
Planning Division Staff Report
Background
The applicant requests the vacation of a public right-of-way (ROW) in front of property located at 1805,
1815, and 1825 Riverside Drive known as the River Palms Riverfront Condominiums development. The
right-of-way contains 8,939 square feet or 0.20 acres, more or less, and measures approximately
148.27-feet in length.
Analysis
Local jurisdictions have the ability to consider requests to vacate public rights-of-way when necessary.
On October 24, 2014, the City adopted Ordinance 49-2014 to include review criteria with every vacate
request. The ordinance was adopted in response to concerns about the long term ramifications of
losing pedestrian and vehicular connections between streets. Vacating rights-of-way should be
carefully evaluated. A vacated right-of-way cannot be reversed and its loss is immediate and forever.
The City should only approve vacations if they do not result in negative impacts on the current or future
needs of the City’s vehicular, bicycle, or pedestrian circulation systems, or access to private property. If
the negative impacts can be appropriately mitigated, the City may choose to vacate the street.
Section 17-33(b) of the Code of Ordinances lists the criteria under which the Planning and Zoning
Commission and the City Council review applications as they relate to right-of-way vacations.
The following provides review criteria and staff’s findings.
Consistency with the comprehensive plan.
The proposed vacation is consistent with the comprehensive plan and more specifically with the
following policy:
Transportation Element [TE] Policy 1.6.2: “The City may vacate street right-of-way only if it does not
prevent reasonable connection for existing and future public transit, pedestrian, and non-motorized
and motorized vehicle trips.”
The vacate request will not create a landlocked lot. The staff does not anticipate the use of the
subject right-of-way for future public transit. Sidewalks will be installed in the vacated right of way.
Page 1 of 2
(1) Benefit of the public, future needs, and environmental impacts. This request proposes to vacate
three 20-foot wide rights-of-way owned by the City that does not serve any apparent public
purpose.
In 2007, the City entered into a development agreement with the owner of the River Palms
condominium property with a condition that the subject right of way be vacated.
Specifically, Exhibit B condition No. 6 states,
“The developer is to close off the direct access from the north bound US 1 travel lane to
Riverside Drive and install a right turn lane located at the traffic signal at the Titusville
High School entrance per FDOT standards. The provision is subject to FDOT approval.
If the FDOT does not grant approval, provided that the developer has submitted all
FDOT application requirement, then the developer shall have no obligation under this
provision and the balance of the agreement shall remain in full force and effect. The
development shall not be obligated to close the access and install the turn lane until the
time of construction of the project.”
The FDOT did not approve a new right turn lane and instead approved minor
changes to the intersection only.
(2) Access to publicly accessible waters. The rights-of-way do not provide access to a publicly
accessible body of water.
(3) Impacts to utilities, access, and adjacent properties. An application requires the submittal of a letter
from each utility agency with a potential interest in the right-of-way. The Applicant received letters
from the following agencies:
a. FLORIDA CITY GAS signed an easement document with the applicant dated March 31, 2021.
b. FLORIDA POWER AND LIGHT signed an easement document with the applicant dated
December 15, 2020.
c. AT&T did not object to the vacate request [Letter dated December 12, 2020].
d. SPECTRUM – did not object to the vacate request [Letter dated November 23, 2020].
e. CITY OF TITUSVILLE WATER RESOURCES stated the following [comment dated April 28,
2021]: Approval will be conditioned on COT Council’s approval of the necessary easements
for the existing water and sewer mains in this area. The vacation would not be recorded until
we have accepted the easements. The easement documents that were submitted by the
applicant need to be re-executed.
f. CITY OF TITUSVILLE PUBLIC WORKS stated that there is an FDOT stormwater pipe located
within the vacated area. An easement to FDOT will be required for approval [comment dated
April 29, 2021].
(4) Adverse impacts to historic areas. This request will not negatively impact any historically
designated areas.
Staff Recommendation
Based on the above findings, the staff has no objection to the request to vacate a portion of riverside
Drive as illustrated with the following conditions:
1. That drainage and utility easements are provided over all existing water, sewer and drainage
facilities in the area to be vacated together with easement to access these areas.
2. In the event that compliance with the conditions set forth herein is not achieved within one-
hundred eighty (180) days of the date of approval of this vacation, this resolution shall become
null and void.
Page 2 of 2
ROW 1-2021
Right of way vacate
Date: 6/11/2021
± Riverside Drive
±
Page 477 of 732
City Council Regular - July 13, 2021 - 6:30 PM
WHEREAS, a petition was presented by Robert Kodsi, applicant on behalf of the owner, River
Palms Riverfront Development LLC, requesting the vacation of the public Rights-of-Way described in
“Exhibit A”.
WHEREAS, notice of the public hearing was duly published in the Florida Today on June 24,
2021, as required by law; and
WHEREAS, the City Council of the City of Titusville, finds that the abandoning, vacating, and
closing of the said streets will not deny access to or cause hardship to property owners abutting thereon,
provided that the conditions set forth herein are satisfied.
Section 1. That the above-described streets are hereby vacated, abandoned, discontinued, and
closed. This council does hereby renounce and disclaim any right of the City of Titusville, Brevard County,
Florida, and the public in and to any of said land or any interest therein acquired by purchase, gift, devise,
dedication or prescription for street, alleyway, road, or highway purposes, except as herein provided.
1. That drainage and utility easements are provided over all existing water,
sewer and drainage facilities in the area to be vacated together with easement to
access these areas.
2. In the event that compliance with the conditions set forth herein is not
achieved within one-hundred eighty (180) days of the date of approval of this
vacation, this resolution shall become null and void.
Section 3. This resolution shall take effect immediately upon its adoption.
ATTEST:
______________________________
Daniel E. Diesel, Mayor
_______________________________
Wanda F. Wells, City Clerk
ROW 1-2021 1
Page 478 of 732
City Council Regular - July 13, 2021 - 6:30 PM
EXHIBIT A
ROW 1-2021 2
Page 479 of 732
City Council Regular - July 13, 2021 - 6:30 PM
DESCRIPTION
VACATE RIGHT-OF-WAY
DESCRIPTION:
L:\Survey\Projects\180052 River Palms Riverfront Condominium\180052 River Palms Riverfront Section 10-22-35\Drawings\CAD\180052 Vacate ROW.dwg, 11/19/2020 4:05:49 PM
SURVEYOR'S NOTES:
SURVEYOR'S CERTIFICATION:
EXHIBIT "A"
SHEET 1 OF 2
DAVID Digitally signed by DAVID J. IRWIN
DN: cn=DAVID J. IRWIN, o=ALLEN
ENGINEERING, INC., ou=SURVEY,
J. IRWIN
email=dirwin@alleneng.net, c=US
Date: 2020.11.19 16:12:07 -05'00'
VACATE RIGHT-OF-WAY
ABBREVIATIONS:
POINT OF BEGINNING
SUB
JECT
L:\Survey\Projects\180052 River Palms Riverfront Condominium\180052 River Palms Riverfront Section 10-22-35\Drawings\CAD\180052 Vacate ROW.dwg, 11/13/2020 3:40:56 PM
RIVERONDOMIN
SECTI
PAR
C
PALM IUM S
CEL
ON 1
S RIV
0-22-
ERFR E
35
IT
ONT
EXHIBIT "A"
SHEET 2 OF 2
CURVE TABLE
Category:
Item: E.
City of Titusville
Recommended Action:
Approve Conditional Use Permit No.1-2021 to expand the operation of a marina with additional
improvements subject to site plan approval, to allow outdoor recreation and commercial
amusement (boat rental), on property located at 4749 S. Washington Avenue with conditions.
The Planning and Zoning Commission considered this item during their July 7, 2021
regular meeting and recommended approval as recommended by staff. Motion
carried 5-2.
Alternatives:
1. Approve the CUP with conditions, as recommended by staff.
2. Approve the CUP with changes to the staff recommendation.
3. Deny the CUP.
Item Budgeted:
NA
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 4 – Economic Development
ATTACHMENTS:
Description Upload Date Type
Staff Report 7/6/2021 Backup Material
Survey 6/30/2021 Backup Material
Future Land Use Map 6/30/2021 Backup Material
Zoning Map 6/30/2021 Backup Material
Flood Zone Map 6/30/2021 Backup Material
Wetlands Map 6/30/2021 Backup Material
Soils Map 6/30/2021 Backup Material
Aerial Map 6/30/2021 Backup Material
Coastal High Hazard Area Map 6/30/2021 Backup Material
911 Addressing Map 6/30/2021 Backup Material
Application 6/30/2021 Backup Material
Combo Ad 7/6/2021 Backup Material
City of Titusville
Planning Department Staff Report
Conditional Use Permit
CUP 1-2021 – Kennedy Point Marina
BACKGROUND INFORMATION
The applicant is requesting a Conditional Use Permit (CUP) to expand the operation of a marina
with the addition of approximately 240 square feet of office space on site (subject to site plan
approval), and the operation of a boat rental on property located at 4749 S. Washington Avenue.
The subject property consists of three parcels with the following tax ID numbers: 2213373,
2213330, 2213328. The property is zoned Shoreline Mixed Use (SMU). Per Section 28-143 of
the City’s Land Development Regulations (LDRs), a marina is a conditional use which requires
the approval of a CUP for the establishment or expansion of such use. Additionally, Section 28-
276 requires the approval of a CUP to allow outdoor recreation and commercial amusement, such
as kayak and boat rental in the SMU district, and Section 29-27 requires the approval of a CUP
for any development located within fifty (50) feet of a bulkhead line or altering the shoreline.
In 1980 a rezoning ordinance (#40-1980) was approved to change the zoning on the property
from the Tourist (T) district to the PUD-2 (Planned Unit Development). The applicant in 1980
submitted documentation proposing 168 residential units, commercial space, and a yacht club
with 96 boat slips, refueling, and pump-out facilities. Rezoning ordinance #113-1984 was
approved to change the zoning on the property from the PUD-2 district to the PUD-3 district in
order to incorporate adjacent property and provide a density cap of 10.5 units per acre.
Subsequently, a portion of the property was developed per an approved “sketch plan” and a
portion of the property was sold to Brevard County to create Kennedy Point Park. Rezoning
ordinance #20-1989 was approved to remove the portion of the property sold to Brevard County
Page 1 of 9
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CUP 1-2021 – Kennedy Point Marina
from the development area. In 1999, a Conditional Use Permit (CUP) #9-1999 and an Area Impact
Plan (AIP) #3-1999 were approved with conditions to allow the existing marina to expand from 92
boat slips to 110 boat slips, allow a condominium with a building height greater than 50 feet, and
to add a 6,000 square foot restaurant. The condominium and restaurant buildings were never
constructed and as a result the CUP expired. In 2005, CUP #5-2005 and an associated AIP and
developer agreement was approved for a condominium with a building height no greater than 80
feet. The condominium was never constructed and the CUP and developer agreement both
subsequently expired.
On July 21, 2020, the City’s Code Enforcement Department issued a code violation to the property
owner in response to the addition of an office structure and a fuel tank and the operation of a boat
rental business without a business tax receipt. In response the applicant submitted building permit
applications on August 14, 2020 for the office building (#20-2928) and the fuel tank (#20-2926);
however, during the review it was determined that a site development permit is required prior to
the issuance of the building permits. On April 26, 2021 the applicant submitted a site development
permit application (#21-000087) which is currently under review for compliance with the Code.
This CUP request is the first step required for the review and approval of the site plan.
The Comprehensive Plan Future Land Use (FLU) designation on the subject property is Shoreline
Mixed Use. The subject properties contain approximately 13.25 acres and have approximately
630-feet of frontage on U.S.1 (S. Washington Avenue), an arterial roadway. According to the
Brevard County Property Appraiser’s Office records, the existing building on the north parcel
(located at 4749 S. Washington) was constructed in 1986. Since 2008, a City business tax receipt
associated with the property addressed as 4749 S. Washington Avenue has been issued to the
Kennedy Point Yacht Club for a recreation complex.
PROPERTY INFORMATION
Existing Use, Future Land Use, and Zoning
Page 2 of 9
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CUP 1-2021 – Kennedy Point Marina
STAFF ANALYSIS
CONDITIONAL USE CRITERIA
Section 34-76 of the LDRs states that before any Conditional Use is granted, City Council shall
apply the standards set forth below and shall determine that satisfactory provisions and
arrangements of the following factors have been met by the petitioner, where applicable. The
following are staff’s findings based on the CUP request.
1) Compliance with all elements of the Comprehensive Plan.
Staff comment: The requested use is consistent with the Shoreline Mixed Use designation
and with the following Future Land Use policies:
[Future Land Use Element (FLUE)] Policy 1.12.1: “Provide public access/recreation sites to
the waterfront that are coordinated with existing and proposed residential/commercial
locations to the west of Washington Avenue. Priority shall be given to existing and proposed
east/west collector and arterial street extensions. Link these sites with a pedestrian/bikeway
system on the north/south axis. Provide for visual access and breezeway locations as part
of all development proposals.”
Staff comment: The current use of the property is a marina which provides access to boats
along the waterfront. The approval of the CUP would expand the existing use by adding
office space, recreational boat rentals and refueling station. The site is not currently
connected to a pedestrian or bicycle facility and there does not appear to be facilities north
or south of the property to which the subject property could connect. The property is within
the Titusville Shoreline Overlay District and will be required to meet the breezeway
requirements of Section 29-26. – Breezeways.
[FLUE] Policy 1.12.2: “Encourage appropriate land uses based upon a survey of existing
uses, market forces, public facilities and services, and environmental concerns set forth in
the other elements of the Comprehensive Plan. Develop a flexible set of land development
regulations that will provide for mixed use opportunities that, at a minimum, include both low
and high intensity residential uses, tourist uses, commercial uses, public and private
recreational uses, including wet docking and boat slips, but not marine service activities.”
Staff comment: The subject property is within the Shoreline Mixed Use zoning district and
is adjacent to recreational and residential uses. The approval of the CUP will allow for the
continued use of the property as a marina, which provides boat slips and access to
recreational opportunities.
[FLUE] Policy 1.17.3: “Submerged lands within the Indian River Lagoon shall only be utilized
for water related development (i.e., marinas, docks, boat ramps, etc.) and only after review
and permitting by the appropriate State and/or Federal regulatory agency(s). Submerged
lands within the Indian River Lagoon shall not be utilized for any land use density or intensity.
Development rights under the comprehensive plan may not be transferred from these
submerged lands to uplands.”
Page 3 of 9
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CUP 1-2021 – Kennedy Point Marina
permit would allow the expansion of associated office space and a boat rental business at
the marina. The submerged lands are not proposed for any transfer of density or intensity.
[FLUE] Policy 1.9.7: “Water-dependent commercial land uses will be considered for location
along the Indian River Lagoon. Only adjacent uplands shall be considered for water related
commercial uses adjacent to the Indian River Lagoon.”
Staff Comment: A marina is defined in Section 28.143. – Marina and yacht basin as “a
water-oriented commercial facility that provides facilities for berthing, supplying, and
servicing all types of recreational and/or commercial watercraft. The use requires a CUP
within the SMU zoning district with the following standard: Sec. 28-143(c)(1) “In the
Shoreline Mixed Use (SMU) zoning district, any overhaul or repair requiring boats to be
lifted out of the water is prohibited. The standard will be added as a recommended
condition of approval.
[Coastal Management Element (CME)] Policy 1.1.3: “The siting, operation and monitoring
of industries which use or generate hazardous materials shall ensure that groundwater and
surface waters are not contaminated through release of hazardous materials into the
environment.“
Staff Comment: The applicant is proposing an accessory refueling facility to provide fuel
to vessels at the marina. The spill of petroleum products and other hazardous substances
are required to be reported to the Florida Department of Environmental Protection within
24 hours after discovery of the release in accordance with Chapter 2017-95, Laws of
Florida.
[CME] Objective 1.4: “To encourage the expansion of existing marina facilities which will
have minimum impact on the Indian River Lagoon system and to discourage their location
in inappropriate areas.”
Staff Comment: The applicant is requesting an expansion of the existing Kennedy Point
Marina.
[CME] Policy 1.4.1: “Marinas shall be located in areas where maximum physical advantage
exists, where the least dredging and maintenance are required, and where adequate
resources will not be adversely affected subject to State and Federal regulations.”
Staff Comment: The need for dredging will be reduced through the expansion of the
existing marina as opposed to establishing a marina on other property not previously used
as a marina.
[CME] Policy 1.4.2: “Present and future marina facilities shall not degrade water quality in
the estuaries of the region per State and Federal regulations.”
Staff Comment: A marina supplies and services watercraft in several ways which may
negatively impact water quality that should be mitigated to the maximum extent possible.
Marinas store and dispense petroleum products, provide pump out service for wastewater,
and provide berthing for vessels which may be painted with copper-based or other metal-
based anti-fouling bottom paint which can lead to heavy metal bioaccumulation. State and
Federal agencies are responsible for enforcing their respective regulations.
Page 4 of 9
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CUP 1-2021 – Kennedy Point Marina
[CME] Policy 1.4.3: “Expansion of existing marina facilities, where environmentally feasible,
rather than construction of new facilities, shall be encouraged.
[CME] Policy 1.4.4: “Within local land use planning programs, priority shall be given to water-
dependent uses for marina development in those areas considered appropriate for such
uses.”
Staff Comment: The request is to allow two water-dependent uses, a marina and a boat
rental.
[CME] Policy 3.1.1: “The City shall proactively pursue and facilitate coordination and
participation in the implementation of the Indian River Lagoon Comprehensive Conservation
and Management Plan (CCMP) of the Indian River Lagoon National Estuary Program, and
related plans, as a means of achieving mutual local and regional resource management and
restoration goals for the Indian River Lagoon.”
Staff Comment: The Indian River Lagoon National Estuary Program 2030 Comprehensive
Conservation and Management Plan identifies three boating and marina-related action
plan outputs (Boating 1-3, Pg.122) intended to reduce the impacts from marinas and
boating activity. The applicant is encouraged to participate in the Florida Department of
Environmental Protection (FDEP) Clean Marina Program and assist in the distribution of
boating safety and resource protection educational materials, including the anticipated
update to the IRLNEP’s Boaters Guide to the Indian River Lagoon.
[CME] Objective 5.4: “Water-dependent uses such as marinas, boat launch or dock facilities
shall be given a higher priority over other uses.
Staff Comment: The request is to allow two water-dependent uses, a marina and a boat
rental.
[CME] Policy 5.4.1: “The City will encourage the preservation of recreational and commercial
working waterfronts and marinas and other water-dependent facilities.”
Staff Comment: Approval of the CUP will preserve the existing marina use.
[Conservation Element (CE)] Policy 1.10.3: “New and existing marinas which service boats
with on-board facilities shall be required to provide sewage pump out and to provide for the
appropriate effluent disposal method.”
Staff Comment: In an email dated 6/23/21, the applicant, Kent Oliver, states the marina
currently provides sewage pump out facilities. To maintain compliance with Conservation
Element Policy 1.10.3 the staff recommends a condition of approval requiring the marina
to provide sewage pump out facilities if serving boats with on-board facilities. This is also
consistent with CME Policy 3.1.1.
Page 5 of 9
Page 516 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP 1-2021 – Kennedy Point Marina
Staff Comment: To encourage the use of alternative anti-fouling paints the staff
recommends a condition of approval that educational signage be added to the site to
inform the public of the harmful effects of the bioaccumulation of heavy metals from metal-
based anti-fouling paint. This is also consistent with CME Policy 3.1.1.
Additionally, the subject property is within the U.S.1 Corridor Master Plan Study Area. The
proposed use is consistent with the following objectives and policies within the plan:
Objective #4: “To encourage the expansion of existing marina facilities which will have
minimum impact on the Indian River Lagoonal system and to discourage their location
in inappropriate areas.”
Policy #1: “Marinas shall be located in areas where maximum physical advantage exists,
where the least dredging and maintenance are required, and where adequate resources
will not be affected subject to State and Federal regulations.”
Policy #3: “Expansion of existing marina facilities, where environmentally feasible, rather
than construction of new facilities, shall be encouraged.
2) Ingress and egress to the property and proposed structure with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in
case of fire or catastrophe.
Staff comment: The site does not have direct vehicular access to U.S.1 (S. Washington
Avenue) and instead has two indirect vehicular access points: one from the Kennedy Point
Condominiums to the north and another from Kennedy Point Park to the south. The site
survey that was submitted with the CUP indicates a 30-foot wide access easement over a
portion of the driveway that serves as the access point to Kennedy Point Condominiums
(Brevard County Official Records Book 2474, Page 0380). The edge of the driveway
appears to be at least 50-feet from the property boundary. The access easement should be
modified or a new access easement should be recorded that would include the entirety of
the driveway. The survey also indicates an existing 60-foot by 145-foot ingress/egress
easement for the south access point into Kennedy Point Park per Official Record Book 3190,
Page 2845. This easement sufficiently addresses the ingress and egress at the south
access point. The applicant should record a new access easement in the Public Records of
Brevard County to address access at the north property boundary.
A segment of existing sidewalk is available on the east side of U.S.1 adjacent to 4749 S.
Washington Avenue. The sidewalk segment does not continue through to the southern
parcel, 4747 S. Washington Avenue, and there are no existing sidewalks on the adjacent
properties for which the existing sidewalk segment could connect. It appears that the current
site configuration or existing site improvements would require pedestrians to walk within a
vehicular drive aisle or along the unimproved right of way along U.S.1. To ensure pedestrian
safety and convenience, the applicant should extend the sidewalk segment along the
entirety of the two subject properties.
3) Nuisance factors detrimental to adjacent and nearby properties and the City as a whole.
Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare,
electrical interference and/or mechanical vibrations.
Page 6 of 9
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CUP 1-2021 – Kennedy Point Marina
Staff comment: Staff does not anticipate new nuisance issues related to odor, smoke, glare,
and electrical interference with the marina use expansion - proposed office space and boat
rental business. The fuel tank and dispensing equipment must meet the requirements of
NFPA30 and NFPA30A and obtain a building permit for electrical work. Impervious surface
coverage and setback requirements will be reviewed during the site plan permit review
process.
4) Adopted level of service for solid waste disposal, potable water, or wastewater shall not be
exceeded.
Staff comment: The City currently provides solid waste services to the subject property.
This area is currently under a sewer moratorium and does not have additional sewer
capacity available; therefore, the proposed office building will not be permitted to connect to
the City’s sewer service. Any alterations to the existing building/capacity that will require a
private septic system for the treatment and disposal of any additional sewage related to the
alterations. The office expansion and proposed boat rental use is not expected to exceed
the City’s ability to provide said services. The existing building is connected to the City’s
potable water and wastewater utilities. The proposed office space will not be connected to
the City’s utilities.
Staff comment: The site survey indicates an existing wall and fence screening a portion of
the site from the right-of-way along U.S.1. Additional screening will be addressed during the
site plan process. A landscape plan will be required that includes landscape yards/buffers,
building perimeter landscaping, and parking lot landscape islands. Per LDR Sec. 30-306, all
property where there is redevelopment proposed or where an addition or an increase in
impervious surface to an existing development is proposed shall be required to comply with
this division to the greatest extent possible determined by the Administrator utilizing the
criteria of Section 30-3. - Standards for administrative exceptions when addressing the
redevelopment provision of this section.
6) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and
compatibility and harmony with properties in the district.
Staff comment: The site survey indicates an existing billboard sign near the southwest
corner of the property. Although the billboard has been on the site since at least 1999,
billboard signs are not currently permitted within the Shoreline Mixed Use (SMU) zoning
district. There are no proposed changes to the exterior lighting, or any signage on site. Any
additional signage will be permitted separately.
Staff comment: The applicant indicates the marina office will operate from 8:00AM to
5:00PM and on-call as needed, and the marina slips will be available at all hours. The
adjacent properties are not commercial uses. Kennedy Point Park to the south is a
recreational use that operates from dawn to dusk. Kennedy Point Condominiums to the
north is a residential use. Staff does not propose a condition related to hours of operation.
If there is a concern related to noise, such nuisances would be regulated by the City’s noise
regulations found in the Code of Ordinances, Chapter 13 - Nuisances, Article IV. – Noise.
Page 7 of 9
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CUP 1-2021 – Kennedy Point Marina
8) Off street parking and loading area where required with particular attention to ingress and
egress.
Staff comment: It appears the subject property currently provides 52 parking spaces,
including 2 ADA spaces. Per Transportation Infrastructure Technical Manual policy 9.15.3
“All developments shall provide a sufficient number of paved parking spaces to
accommodate the number of vehicles that are likely to be attracted to the development in
question.” The approval of CUP #9-1999 permitted a total of 110 marina slips. The Code
requires one (1) parking space per two (2) wet slips and one (1) space per 3 dry dock or
storage spaces; therefore, 55 total parking spaces, or an additional 3 spaces, are required.
New parking facilities will not be permitted within the shoreline protection setback area as
prohibited in Section 30-63(e). The southern parcel is not paved and aerial images
suggest the potential to add any additional required parking as needed. The required
parking spaces and access to the site will be reviewed for compliance with the Code during
review of the site development permit.
Staff comment: There are no impacts to required yards. There are no specific open space
requirements; however, the subject property is within the Titusville Shoreline Area Overlay
which requires 25% of the lot width open to breeze per Sec. 29-26. – Breezeways.
10) General compatibility with adjacent properties and other property in the district.
Staff comment: The proposed expansion of the existing marina appears compatible with
the surrounding multifamily and recreational uses.
A property boundary conflict exists between the marina and the Kennedy Point
Condominium Association as referenced in condition N. of the previously approved
Developer Agreement (OR Book/Page 5565/3563) which states that “The Yacht Club and
the Association currently have a dispute as to the common property line with the
Association believing its South property line is four feet further South than [the] Yacht
Club. Upon passage of the CUP, the Yacht Club agrees to have the 4 feet surveyed and
deed same to the Association.”
The applicant’s survey acknowledges this conflict with a note pointing to the disputed area
which states, “5.48’ x 175.38’ area of deed overlap with property to the north described in
O.R.B 2591, Page 2509.”
The applicant should have the disputed area surveyed and deed same to the Association
or otherwise provide for a resolution to said property boundary dispute.
11) Whether the proposed change is out of scale with the needs of the neighborhood or the City.
Staff comment: The continuation of the marina use, the proposed addition of approximately
240 square feet of office space, and the addition of a boat rental use does not change the
use, size or intensity of the current use and the Staff does not anticipate the scale as
compared to the neighborhood will change. A public park and a residential condominium
abut the property.
Page 8 of 9
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CUP 1-2021 – Kennedy Point Marina
12) Special requirements set out in the schedule of district regulations for the particular use
involved.
Staff comment: Sec. 28-143. – Marina and yacht basin specifically prohibits any overhaul or
repair requiring boats to be lifted out of the water in the SMU zoning district.
Section 30-21 allows for the permitted storage of construction related material on-site for up
to 30 days. The storage of materials and equipment onsite beyond the 30-day period is
considered “outdoor storage,” which is a prohibited use in the SMU zoning district per Sec.
28-151. – Outdoor storage.
Section 29-27 requires the approval of a CUP for any development located within fifty (50)
feet of a bulkhead line. The proposed location of any new building or use, including parking
facilities, will be required to meet the shoreline protection setbacks established in Sec. 30-
63.
RECOMMENDATION
Based on the above analysis, staff recommends approval of CUP No. 01-2021 to allow the
continued operation of the marina, site improvements subject to site plan approval, and operation
of a boat rental business on property located at 4747 and 4749 S. Washington Avenue with the
following conditions:
1) Sewage pump out facilities shall remain available if providing service to boats with on-board
facilities.
2) At least one educational sign shall be installed in a publicly accessible area of the site to
inform the public of the harmful effects of metal-based antifouling boat paint, specifically the
bioaccumulation of heavy metals.
Page 9 of 9
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RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS SPECIAL DISTRICTS
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Page 532 of 732
Q:\GIS\PLANNING\Planning Templates\ArcPro\PlanningMaps\
City Council Regular - July 13, 2021 - 6:30 PM
SUBJECT PROPERTY
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Page 533 of 732 Templates\ArcPro\PlanningMaps\
Q:\GIS\PLANNING\Planning
City Council Regular - July 13, 2021 - 6:30 PM
SUBJECT PROPERTY
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Please submit electronically a completed application including required submittals to the Planning Department for
payment and meeting scheduling. Chapter 34 of the Titusville Land Development Regulations contains the
instructions for filing and the required exhibits. INCOMPLETE APPLICATIONS SHALL NOT BE ACCEPTED.
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Page I I
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Page I2
Updated 2/2019
ACKNOWLEDGEMENT
1. I am the owner and/or legal representative of the owner of the property described, which is the
subject of this application.
2. All answers to the questions in said application and all surveys and/or site plans and data
attached to and made a part of this application are honest and true to the best of my knowledge
and belief. By my signature below, I acknowledge that I have complied with all submittal
requirements and that this request package is complete. I further understand that an incomplete
application submittal may cause my application to be deferred.
3. Should this application be granted, I understand that any condition(s) imposed upon the granting
of this request shall be binding to the owner, his heirs, and successors in title to possession of the
subject property.
4. I understand that I must attend all applicable meetings and have been informed of the meeting
date(s) and time(s). I understand that if I fail to appear at an applicable meeting, the appropriate
Board or Commission may either table or deny the request.
5. I understand that my request if approved does not encumber provision of utility, road or other City
infrastructure capacity. The analysis provided by staff of existing levels of service for public
facilities and services in the vicinity of the parcel identified in this application is a non-binding
analysis, and does not guarantee capacity will be available in the future or encumber/reserve
capacity for any period of time.
This matter is subject to quasi-judicial rules of procedure. Interested parties should limit contact with the
City Council, Board of Adjustment & Appeals, and Planning & Zoning Commission on this topic to
properly noticed public hearings or to written communication to the City Clerk's Office, City of Titusville,
P.O. Box 2806 Titusville, FL 32781
/s/ /(1 /
(Signature*) (Date)
* By entering your name in the "Signature" box above, you are signing this Application electronically.
You agree your electronic signature is the legal equivalent of your manual signature on this Application.
By entering your name in the "Signature" box above, you consent to be legally bound by this
Application's terms and conditions.
Date received:
Accepted by:
Page I 3
Updated 2/2019
Aliv
7 ....
Gateway to Nature & Space ,
SUBMITTAL CHECKLIST
(Development Review Procedures Manual Section 7)
Please fill out the following and submit the documents to the Planning Department electronically.
Payment of fees does not ensure a favorable decision. Additional information may include documents
initially waived at the pre-application meeting but subsequently determined necessary by staff.
Names, addresses and address labels for all property owners within 500 feet of the
7 subject property.
Note: This listing is available from either the Brevard County Property Appraiser's Office or the City of
❑
Titusville Planning Department. Current charge for this service is $35.00.
8
Pre-Application Meeting Date:
Staff in Attendance:
❑
Page I4
Updated 2/2019
1
City Council Regular - July 13, 2021 - 6:30 PM
/1
second
Washington Avenue,
floor of City
Titusville, Florida
Hall, 555 South
091) 9-
11
32796, to hear interested, persons with
regard to the following conditional use
permit applications:'
Category:
Item: F.
City of Titusville
Recommended Action:
Approve Conditional Use Permit No. 2-2021 to allow a warehousing and wholesale use to be
located at 4005 and 3945 Capron Road.with one condition.
The Planning and Zoning Commission considered this item during their July 7, 2021
regular meeting and recommended approval as recommended by staff. Motion
carried 7-0.
Alternatives:
1. Approve the CUP with the condition recommended by staff.
2. Approve the CUP with changes from the staff recommendation.
3. Deny the CUP.
Item Budgeted:
NA
Strategic Plan:
No. 2 – Efficient and Effective ServicesNo. 4 – Economic Development
ATTACHMENTS:
Description Upload Date Type
Staff Report 7/2/2021 Backup Material
Aerial Map 7/2/2021 Backup Material
Zoning Map 7/2/2021 Backup Material
Future Land Use Map 7/2/2021 Backup Material
Floor Plan 7/2/2021 Backup Material
Approved 2009 Site Plan 7/2/2021 Backup Material
Application 7/2/2021 Backup Material
Combo Ad 7/6/2021 Backup Material
City of Titusville
Planning Department Staff Report
Conditional Use Permit
CUP 2-2021 – Warehousing and Wholesale Use
BACKGROUND INFORMATION
The applicant is requesting a Conditional Use Permit (CUP) for a warehousing and wholesale
use to be located at 4005 and 3945 Capron Road. The property is zoned Light Industrial
Services and Warehousing (M-1) and the CUP requested is to utilize the current site as-is. Per
Section 28-222(c)(1) of the City’s Land Development Regulations (LDRs), a warehousing and
wholesale use requires the review and approval through a CUP when the Comprehensive Plan
future land use designation is not industrial. The Comprehensive Plan Future Land Use (FLU)
designation of the subject property is Commercial-High Intensity. The adjoining properties
measure 2.1 acres and have 400+ linear feet of frontage on Capron Road. The property is
currently zoned Light Industrial Services and Warehousing (M-1) and does meet the
development standards of the M-1 zoning district.
According to the Property Appraiser’s records, the existing building on the site was constructed
in 2009. The most recent business tax receipt associated with the property was for a vocational
school use and expired in 2018.
PROPERTY INFORMATION
Existing Use, Future Land Use, and Zoning
Page 1 of 5
Page 544 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP 2-2021 Capron Road Warehouse and Storage
STAFF ANALYSIS
CONDITIONAL USE CRITERIA
Section 34-76 of the LDRs states that before any Conditional Use is granted, City Council shall
apply the standards set forth below and shall determine that satisfactory provisions and
arrangements of the following factors have been met by the petitioner, where applicable. The
following are staff’s findings based on the CUP request.
1) Compliance with all elements of the Comprehensive Plan.
Staff comment: The requested use is consistent with the Commercial High Intensity Future
Land Use designation with an approved conditional use permit and with the following
Future Land Use policies:
[Future Land Use Element (FLUE)] Policy 1.8.1: “Sites for industrial development shall be
located with convenient access to the major transportation corridors, and should have
access to air, water or rail transportation facilities. The major transportation corridors
include such roadways as Interstate 95, U.S. Highway #1 and State Roads 405 and 407.
Major air facilities are located at the Space Coast Regional Airport.”
Staff comment: The property is located on Capron Road, which has direct access to
Knox McRae Drive, a collector roadway. [Section 9.3 Transportation Infrastructure
Technical Manual].
[FLUE] Policy 1.8.2: “Industrial development sites shall be accessible to and/or provide
essential public services at levels of service adopted by this Comprehensive Plan,
including transportation, potable water, sewer collection/treatment/disposal, solid waste,
drainage and recreation and open space.”
Staff comment: The property is within the Urban Services Area and essential public
service infrastructures and facilities such as, potable water, sewer collection/treatment,
solid waste and drainage (approved with the 2009 site plan) are present to serve the
property.
Page 2 of 5
Page 545 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP 2-2021 Capron Road Warehouse and Storage
[FLUE] Policy 1.8.6: “The City shall require natural vegetative and other appropriate
buffers to minimize nuisance effects of industrial land uses which include, but not limited
to, noise, odor, glare and privacy factors and visual impacts and to minimize such
industrial use intrusion into residential land use areas.”
Staff Comment: The applicant did not provide specific buffering and screening
measures. A condition of approval can be recommended to install landscaping
consistent with the approved 2009 site plan.
[FLUE] Policy 1.9.9: Locations for High Intensity Commercial land use shall be deemed
appropriate providing the following factors are additionally complied with:
G. Light Industrial Services and Warehousing (M-1) zoning that has been
established within areas designated as High Intensity Commercial land use prior to
September 2013 shall be deemed to be consistent with the High Intensity Commercial
designation.
Staff Comment: The property was zoned M-1 in 1993. The warehouse use is a permitted
use in the M-1 zoning district with a conditional use permit.
2) Ingress and egress to the property and proposed structure with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in
case of fire or catastrophe.
Staff comment: The site has a direct vehicular access points from Capron Road. There is
no sidewalk on the east side of Capron Road from the cult-de-sac- to Knox McRae Drive.
3) Nuisance factors detrimental to adjacent and nearby properties and the City as a whole.
Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare,
electrical interference and/or mechanical vibrations.
Staff comment: Staff does not anticipate nuisance issues related to odor, smoke, glare,
and electrical interference or mechanical vibrations.
4) Adopted level of service for solid waste disposal, potable water, or wastewater shall not be
exceeded.
Staff comment: The proposed use is not expected to impact the adopted level of service
for potable water or wastewater. Solid waste disposal is currently provided by the City; the
Public Works Department did not express any concerns regarding impacts to solid waste
level of service. A concurrency assessment was completed and the City Engineer did not
express any concerns.
Staff comment: A concrete wall currently fronts the property. However, additional
landscaping could be planted outside the wall to visually enhance the site from the street.
6) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect
and compatibility and harmony with properties in the district.
Page 3 of 5
Page 546 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP 2-2021 Capron Road Warehouse and Storage
Staff comment: There are no proposed changes to the exterior lighting, or any signage on
site. Any additional signage proposed by the applicant must be consistent with the City of
Titusville’s Land Development Regulations and are permitted separately.
Staff comment: The applicant indicates that the proposed hours of operation are from 7:30
AM to 6:00 PM.
8) Off street parking and loading area where required with particular attention to ingress and
egress.
Staff comment: The parking, loading and access points on site are not being affected by the
proposed use. The City Engineer did not present any objections.
Staff comment: There is a residential use located across from the subject property. Industrial
uses are located south of the property along Capron Road.
The property could be enhanced visually from the street by adding landscaping such as
ornamental trees and/or shrubs and groundcover between the concrete wall and Capron
Road.
11) Whether the proposed change is out of scale with the needs of the neighborhood or the City.
Staff comment: The proposed warehouse and wholesale use will not change the use, size or
intensity of the current use and the Staff does not anticipate the scale as compared to the
neighborhood will change. Several industrial uses surround the property.
12) Special requirements set out in the schedule of district regulations for the particular use
involved.
Staff comment: There are special requirements within the Light Industrial and Warehousing
(M-1) zoning district described in Section 28-222(c) of the Code.
Page 4 of 5
Page 547 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP 2-2021 Capron Road Warehouse and Storage
RECOMMENDATION
Based on the above analysis, staff recommends approval of CUP No. 02-2021 to allow the
warehouse and wholesale use on property located at 4005 Capron Road with the following
condition:
Page 5 of 5
Page 548 of 732
City Council Regular - July 13, 2021 - 6:30 PM
SUBJECT PROPERTY
Aerial 2020
4005-3945 Capron Road
Date: 06/17/2021
± CUP 2-2021
ZONING MAP
4005-3945 Capron Road
RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS SPECIAL DISTRICTS
Zoning Map
±
OVERLAY DISTRICTS
TSA
M-1
TITUSVILLE SHORELINE AREA
AIA AIRPORT IMPACT AREA
WCA WETLAND AND CONSERVATIONA AREA
ACC AREA OF CRITICAL CONCERN
HPA HISTORIC PRESERVATION AREA
Date: 6/17/2021 Community Development Department
Page 550 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CLI COMMERCIAL
LOW INTENSITY IND INDUSTRIAL PSP SEMI-PUBLIC
PUBLIC/ RMU REGIONAL
MIXED USE
±
RESIDENTIAL CORRIDOR
second
Washington Avenue,
floor of City
Titusville, Florida
Hall, 555 South
091) 9-
11
32796, to hear interested, persons with
regard to the following conditional use
permit applications:'
Category:
Item: G.
City of Titusville
Recommended Action:
Approve Conditional Use Permit No. 3-2021 to allow the operation of a preschool (childcare
facility use) within the existing church located at 1450 Harrison Street with conditions.
The Planning and Zoning Commission considered this item during their July 7, 2021
regular meeting and recommended approval as recommended by staff. Motion
carried 7-0.
The staff recommends approval of the Conditional Use Permit with the following conditions:
1) Add landscaping between Barna Avenue and the proposed play area consistent with the
landscape plan approved with Conditional Use Permit (CUP) 2-2017.
2) Provide a traffic study to address peak hours traffic impacts.
Alternatives:
1. Approve the CUP as recommended by staff.
2. Approve the CUP with changes from the staff recommendation.
3. Deny of the CUP.
Item Budgeted:
NA
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 4 – Economic Development
ATTACHMENTS:
Description Upload Date Type
Application 7/6/2021 Backup Material
Staff Report 7/2/2021 Backup Material
Aerial Map 7/2/2021 Backup Material
Zoning Map 7/2/2021 Backup Material
Future Land Use Map 7/2/2021 Backup Material
CUP 2-2017 Development Order 7/2/2021 Backup Material
Landscape Plan 7/2/2021 Backup Material
Proposed Outdoor/Play Area 7/2/2021 Backup Material
Survey 7/2/2021 Backup Material
Traffic Circulation Plan 7/2/2021 Backup Material
Concurrency Assessment 7/2/2021 Backup Material
Legal Ad 7/8/2021 Backup Material
Please submit electronically a completed application including required submittals to the Planning Department for
payment and meeting scheduling. Chapter 34 of the Titusville Land Development Regulations contains the
instructions for filing and the required exhibits. INCOMPLETE APPLICATIONS SHALL NOT BE ACCEPTED.
Dustin@thegrovechurchfl.org Dustin@thegrovechurchfl.org
3. Applicant Status
✔ Owner Tenant Agent Other
Identify the land uses located on-site and adjacent to the subject site (identify “all”
uses that touch property on each boundary), such as grocery store, citrus farm,
office, single family residential, etc.:
SUBJECT
SITE: Existing Church
Page | 1
Updated 4/2017
Please provide a brief description of your request and the proposed project:
(Attach separate narrative page if necessary)
We are proposing to add a preschool within our already established church. We are
proposing to use 10,000 square feet of our 58,594 squ. ft building for the preschool.
The preschool will be open 6am-6pm, Monday thru Friday; these hours being
outside of normal church operating hours.
12. Narrative
Page | 2
Updated 2/2019
ACKNOWLEDGEMENT
1. I am the owner and/or legal representative of the owner of the property described, which is the
subject of this application.
2. All answers to the questions in said application and all surveys and/or site plans and data
attached to and made a part of this application are honest and true to the best of my knowledge
and belief. By my signature below, I acknowledge that I have complied with all submittal
requirements and that this request package is complete. I further understand that an incomplete
application submittal may cause my application to be deferred.
3. Should this application be granted, I understand that any condition(s) imposed upon the granting
of this request shall be binding to the owner, his heirs, and successors in title to possession of the
subject property.
4. I understand that I must attend all applicable meetings and have been informed of the meeting
date(s) and time(s). I understand that if I fail to appear at an applicable meeting, the appropriate
Board or Commission may either table or deny the request.
5. I understand that my request if approved does not encumber provision of utility, road or other City
infrastructure capacity. The analysis provided by staff of existing levels of service for public
facilities and services in the vicinity of the parcel identified in this application is a non-binding
analysis, and does not guarantee capacity will be available in the future or encumber/reserve
capacity for any period of time.
This matter is subject to quasi-judicial rules of procedure. Interested parties should limit contact with the
City Council, Board of Adjustment & Appeals, and Planning & Zoning Commission on this topic to
properly noticed public hearings or to written communication to the City Clerk’s Office, City of Titusville,
P.O. Box 2806, Titusville, FL 32781
* By entering your name in the “Signature” box above, you are signing this Application electronically.
You agree your electronic signature is the legal equivalent of your manual signature on this Application.
By entering your name in the “Signature” box above, you consent to be legally bound by this
Application’s terms and conditions.
Page | 3
Updated 2/2019
SUBMITTAL CHECKLIST
Please fill out the following and submit the documents to the Planning Department electronically.
Payment of fees does not ensure a favorable decision. Additional information may include documents
initially waived at the pre-application meeting but subsequently determined necessary by staff.
Page | 4
Updated 2/2019
City of Titusville
Planning Department Staff Report
Conditional Use Permit
CUP No. – CUP 3-2021 – 1450 Harrison Street, Grove School
Applicant’s Request: Approval of a Conditional Use permit for the inclusion of a preschool
(childcare facility) within the existing church.
BACKGROUND INFORMATION
The applicant is requesting a Conditional Use Permit (CUP) to operate a preschool
(childcare facility use) within the existing church located at 1450 Harrison Street. The
proposed preschool will be opened to the general public. The addition of the preschool
use at the site requires a conditional use permit per the conditions of approval CUP No.
2-2017. The existing church has been the use on the property since the approval of
CUP 2-2017 and is located in the Community Commercial (CC) zoning district with a
future land use designation of Commercial-High Intensity. The property, totaling 4.36
acres, has 392.89 feet of frontage on Harrison Street, a collector roadway. According to
the building records, the building is approximately 62,418 square feet in area. No
expansion of the existing building is proposed. The proposed preschool will occupy
10,000 square feet of the building according to the conceptual plan submitted by the
applicant and will include an outdoor fenced-in activity yard. The property does meet the
lot width and size requirments of the zoning district.
Page 1 of 6
Page 565 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP No. 3-2021 – 1450 Harrison Street, Grove School
PROPERTY INFORMATION
Existing Use, Future Land Use, and Zoning
STAFF ANALYSIS
Staff comment: The requested use is consistent with the Commercial High Intensity
Future Land Use designation and with the following Future Land Use policies:
Page 2 of 6
Page 566 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP No. 3-2021 – 1450 Harrison Street, Grove School
[FLUE] Policy 1.9.1: “Sites for high intensity commercial development shall be located with
convenient and direct access at arterial intersections. Collector/arterial intersections are
acceptable provided minimal access is necessary on the collector street.”
Staff comment: The property is located off of Harrison Street, and has direct access to
the collector roadway. The property also has access points on the adjacent street, Barna
Avenue.
[FLUE] Policy 1.9.3: “Commercial development sites shall be accessible to and/or provide
essential public services at levels of service adopted within the Capital Improvements
Element of this Comprehensive Plan, including transportation, potable water, sewer
collection/treatment, solid waste, drainage, and recreation and open space.”
Staff comment: The property is within the Urban Services Area and essential public
service infrastructures and facilities such as transportation, potable water, sewer
collection/treatment, solid waste and drainage are present in the vicinity of the property.
[FLUE] Policy 1.9.4: “Commercial land use designations shall be encouraged in a pattern,
which offers maximum accessibility, compatibility, and clustering. Commercial land use
designations shall be given priority at locations exhibiting proximity to other types of non-
residential uses, including employment centers and marketing centers.”
Staff comment: The site is contiguous with existing non-residential land use patterns
within the surrounding area. The properties west, east and south of the site have
Commercial-High Intensity Future Land Uses (FLU).
[FLUE] Policy 1.9.5: “Commercial land use designations and accompanying proposals
shall consider compatibility between commercial and surrounding land uses, including, but
not limited to, traffic circulation, pedestrian access, hours of operation, visual impacts,
privacy factors and impacts on the microclimate.”
Staff Comment: The property is contiguous with the existing commercial land-use
designations surrounding the property. The existing property south of the subject
property has a commercial land use designation and the proposed preschool use
addition will be compatible with the traffic levels, pedestrian access, hours of operation,
visual impacts and privacy factors that the surrounding existing business provides.
[FLUE] Policy 1.9.6: “Land development regulations shall include requirements for natural
vegetative and other appropriate buffers and/or setbacks to minimize nuisance effects of
commercial land uses which include noise, odor, glare and privacy factors and visual
impacts and to minimize such commercial uses intrusion into residential land use areas.”
Staff Comment: The existing site does include appropriate buffers to minimize nuisance
effects of the proposed use.
2) Ingress and egress to the property and proposed structure with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in
case of fire or catastrophe.
Staff comment: The site has direct vehicular access points from Harrison Street and
Barna Avenue. Sidewalks are present along both Harrison Street and Barna Avenue. In
Page 3 of 6
Page 567 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP No. 3-2021 – 1450 Harrison Street, Grove School
addition, the applicant has provided a traffic circulation plan to address the potential for a
pick-up and drop-off location that is consistent with Section 28-110(c)(1)e of the Code.
Furthermore, the City Engineer has indicated that a traffic study is necessary to address
peak hours impacted by the proposed use.
3) Nuisance factors detrimental to adjacent and nearby properties and the City as a whole.
Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare,
electrical interference and/or mechanical vibrations.
Staff comment: The preschool should not cause nuisance issues related to traffic, lights,
odor, smoke, or electrical interference. With regards to traffic, the preschool will operate
6am to 6pm Monday through Friday.
4) Adopted level of service for solid waste disposal, potable water, or wastewater shall not be
exceeded.
Staff comment: The addition of the preschool is not expected to impact the adopted level
of service for solid waste, potable water or wastewater. No new construction or addition
to the existing facility is proposed.
Staff comment: Landscaping is necessary between the proposed fenced play area and
Barna Avenue consistent with the original approval of conditional use permit (CUP) 2-
2017.
6) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect
and compatibility and harmony with properties in the district.
Staff comment: Any additional signage proposed by the applicant must be consistent
with the City of Titusville’s Land Development Regulations. In addition, exterior lighting
proposed by the applicant shall be consistent with the City’s LDR requirements for
lighting standards. The applicant proposed a drop off zone and circulation plan that is
consistent with Section 28-110(c)(1)3 of the Code.
Staff comment: The applicant has proposed that the preschool will operate from 6:00 AM-
6:00 PM.
8) Off street parking and loading area where required with particular attention to ingress and
egress.
Staff comment: Parking, loading and access points are available at the existing site and
will not be affected by the addition of the preschool use.
The applicant proposed a drop off zone and circulation plan that is consistent with
Section 28-110(c)(1)e of the Code.
Page 4 of 6
Page 568 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP No. 3-2021 – 1450 Harrison Street, Grove School
Staff comment: Any modifications to the building and/or site will require the appropriate
site permit to be submitted.
10) General compatibility with adjacent properties and other property in the district.
Staff comment: The size and intensity of the proposed use is compatible with the
surrounding area. Surrounding uses to the south, east and west of the property are
commercial businesses.
11) The proposed change is out of scale with the needs of the neighborhood or the City.
Staff comment: A preschool is not out of scale with the surrounding neighborhood. The
preschool will occupy the existing church building at different times of the week. No
additions are proposed.
12) Special requirements set out in the schedule of district regulations for the particular use
involved.
Staff comment: There are special requirements within the Community Commercial (CC)
zoning district described in Section 28-110(c) of the Code.
a. Shall be required to proceed through the conditional use permit process when
located on a local street, or abutting property with a single-family zoning or use.
Staff Comment: The site is not located on a local street or abutting property with a
single-family zoning or use; however; per the conditions of approval with CUP 2-
2017 for the church, the preschool addition is required to go through a conditional
use permit application.
b. Shall not be issued a business tax receipt until a license has first been obtained
from the Florida Agency for Healthcare Administration and any other permitting
agency as required by law including the provisions of these regulations.
c. Shall provide a passenger drop-off zone adjacent to the facility providing clear
ingress and egress from parking and other areas.
Staff comment: The applicant proposed a drop off zone and circulation plan that is
consistent with Section 28-110(c)(1)e of the Code.
d. Shall set back all structures, playgrounds, and outdoor recreation areas a
minimum of fifty (50) feet from any abutting residential zoning district or
residential use, except mixed residential-commercial uses.
Staff Comment: The proposed outdoor play area is not within 50-feet of a
residential district or use.
Page 5 of 6
Page 569 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CUP No. 3-2021 – 1450 Harrison Street, Grove School
RECOMMENDATION
Based on the above analysis, staff recommends approval of CUP No. 03-2021 to allow the
preschool addition within the subject property located at 1450 Harrison Street with the following
conditions:
1) Add landscaping between Barna Avenue and the proposed play area consistent with the
landscape plan approved with Conditional Use Permit (CUP) 2-2017.
2) Provide a traffic study to address peak hours as a result of the use.
Page 6 of 6
Page 570 of 732
City Council Regular - July 13, 2021 - 6:30 PM
SUBJECT PROPERTY
Aerial 2020
1450 Harrison Street
Date: 06/17/2021
± CUP 3-2021
ZONING MAP
1450 Harrison Street
RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS SPECIAL DISTRICTS
Zoning Map
±
OVERLAY DISTRICTS
TSA
Community Commercial
TITUSVILLE SHORELINE AREA
AIA AIRPORT IMPACT AREA
WCA WETLAND AND CONSERVATIONA AREA
ACC AREA OF CRITICAL CONCERN
HPA HISTORIC PRESERVATION AREA
Date: 6/17/2021 Community Development Department
Page 572 of 732
City Council Regular - July 13, 2021 - 6:30 PM
CLI COMMERCIAL
LOW INTENSITY IND INDUSTRIAL PSP SEMI-PUBLIC
PUBLIC/ RMU REGIONAL
MIXED USE
±
RESIDENTIAL CORRIDOR
DEVELOPMENT ORDER
Conditional Use Permit (CUP) 2-2017 from to allow a church for property located at 1450 Harrison
Street in the Community Commercial (CC) zoning district.
That based upon the information and evidence presented to the City Council and in accordance with the City Charter of
the City of Titusville, the Code of Ordinances & Land Development Regulations of the City of Titusville, the Adopted
Comprehensive Plan, and the provisions of Chapters 163 and 166, Florida Statutes, the City Council hereby:
Conditional Use Permit (CUP) 2-2017 approved on the date of June 13, 2017.
BY:
LDS UDW
(Name & signature)
The Decision of the City Council is a final order. In the event you desire to challenge this decision, you must file an
appropriate action within 30 days or take such other action as authorized by law.
This decision shall take effect immediately. However, the City of Titusville's Land Development Regulations Section 39-
211 states such approval shall be preliminary in nature and shall not entitle the applicant to proceed with the development
unless the public facilities are available concurrent with the impacts of development as provided in land Development
Regulations Section 39-212.
Issuance of a development permit by the City of Titusville does not in any way create any right on the part of an applicant
to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Titusville for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or
federal law. All other applicable state or federal permits shall be obtained before commencement of the development.
The Conditional Use Permit shall become null and void, unless use commences within four (4) years of the date the
permit is approved, as evidenced by the receipt of a Certificate of Occupancy, certificate of completion and/or Business
Tax Receipt as applicable. One administrative extension of one (1) year may be approved by the City Manager or
designee prior to expiration if the applicant has submitted a complete application for a development order and has
obtained all requisite permits from the applicable regulatory agencies.
Development Order
❑ Owner 0 Tenant 0 Agent 0 Other
Provided to:
CUP No. 2-2017
Development Order (1450 Harrison Street)
Page 1 of 2
1) The storage space shall be only for the use of the church. Storage space shall not be rented/leased to the
general public.
2) A landscape hedge along the northeast (east facing) parking stalls shall be installed prior to
commencement of the use. This will provide additional screening from the residential uses to the east, and
will serve as part of the offset for the building perimeter planting requirements. Additionally, a 6-foot tall
opaque visual screen shall be maintained between the property subject of this request and the adjacent
residential property.
3) A childcare facility and school are separate uses that each require a separate Conditional Use Permit.
4) The applicant is proposing to renovate the building in phases. The first phase of this renovation will be
office space for the use of the church, which will require a Certificate of Occupancy. The site related
improvements, except those necessary to comply with the Florida Accessibility Code, required as part of
this Conditional Use Permit will not be required to be completed prior to issuance of the Certificate of
Occupancy for the office space to be used by the church.
Prior to issuance of a Certificate of Occupancy for the sanctuary or assembly of persons use, all conditions
of the Conditional Use Permit and required site improvements shall be completed.
City of Titusville
original approved
striping plan for
Phase II of The
Grove Church.
Wastewater
Total Wastewater Capacity* 6.750 MGD
Less Current Demand** MGD
Less Future Commitments (FDEP Permits) MGD
Remaining Capacity*** 6.750 MGD
Estimated Unit Based Wastewater Demand**** ERU MGD
*Total Wastewater Capacity based on Design capacity of Blue Heron and Osprey Treatment Facilities
**12 Month Rolling Average
***Remaining capacity subject to change without notice - This is neither a commitment nor a reservation of this capacity.
****Based on 75 gallons/capita/day or 225 gallons/unit/day in accordance with Section 10 of the City's Concurrency Technical Manual
Traffic Circulation
Primary Access
Street Name: Harrison Steet Adopted los: E Max Capacity: 15,600 ADT
Current Conditions
Roadway Segment: Hopkins to Barna 2021 E+C Count: 10,380 ADT
Volume/Count Ratio: 0.67
Future Conditions
Roadway Segment: Hopkins to Barna Existing + New Count: 10,744 ADT
Volume/Count Ratio: 0.69
Secondary Access
Street Name: Barna Ave Adopted los: Max Capacity: 15,600 ADT
Current Conditions
Roadway Segment: Harrison St - Park Ave. 2021 E+C Count: 8,117 ADT
Volume/Count Ratio: 0.52
Future Conditions
Roadway Segment: Harrison St - Park Ave. Existing + New Count: 8,403 ADT
Volume/Count Ratio: 0.54
Institute of Transportation Engineers (ITE) Index Number*: 565, 560 Index
Average Vehicle Trips per Unit on a Weekday: 74.06,9.11 ADT
Total Average Vehicle Trips for this Development on a Weekday: 650 ADT
* Institute of Transportation Engineers Trip Generation rates or Latest Edition. [Sec. 10.3.1.2 of the Transportation Technical Manual]
Recreation/Open Space
City Population: Required Recreation/Open Space: - AC
Adopted LOS (acres/1,000 population): Current Recreation/Open Space: 566.60 AC
Existing Available Recreation/Open Space Capacity: 566.60 AC
Project Population: - Required Recreation/Open Space: AC
Remaining Recreation/Open Space Capacity: 566.60 AC
Staff Comments
A traffic study is required.
second
Washington Avenue,
floor of City
Titusville, Florida
Hall, 555 South
091) 9-
11
32796, to hear interested, persons with
regard to the following conditional use
permit applications:'
Category: 12.
Item: A.
City of Titusville
Recommended Action:
Provide direction regarding the Planning and Zoning Commission's request to approve
advisability to review outdoor seating and outdoor entertainment code provisions.
Alternatives:
1. Approve advisability as requested by the Planning and Zoning Commission.
2. Do not approve advisability.
3. Other direction as desired by Council.
Item Budgeted:
Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic Development
ATTACHMENTS:
(b) Reserved.
(c) Standards for accessory uses permitted with limitations.
(1) In all zoning districts, outdoor areas of seating shall be included in the area of the
building for means of determining required parking for the site.
(2) In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, outdoor
areas of seating may only operate during the hours of 6:00 a.m. to 11:00 p.m. and
shall not be located within fifty (50) feet of a residential property line.
(3) In the Urban Mixed Use (UMU) and Neighborhood Commercial (NC) zoning districts,
outdoor areas of seating may only operate during the hours of 6:00 a.m. to 10:00 p.m.
(4) In the Downtown Mixed-Use (DMU) zoning district, outdoor areas of seating:
a. Shall require a conditional use permit if music or other entertainment is proposed
with the outdoor area of seating.
b. Shall have outdoor food service and music or other entertainment terminate no
later than 10:00 p.m. on weekdays (Monday—Thursday) and 11:00 p.m. on
weekends (Friday—Sunday) when the outdoor area is located within fifty (50)
feet of the Residential Historic Preservation zoning district.
c. Shall include the number of outdoor seats provided by a restaurant as part of the
restaurant's total permitted seating allotment and shall be shown on an approved
site plan and/or survey of the property with a drawing indicating the seating area
and compliance with parking requirements and all other conditions of this section.
d. Shall not cause a licensed restaurant's required parking to become inadequate.
e. Shall not encroach upon public rights-of-way, or public easements except public
sidewalks, civic spaces or public plazas.
f. Shall be restricted to the sidewalk or building frontage of the subject licensed
restaurant, the rear yard or a side yard if the side yard is abutted by a
nonresidential use or zone unless otherwise specified in a binding development
plan.
g. Shall be clearly delineated with planters, decorative fencing, and/or hedges to
distinguish such area from the parking area serving the restaurant. When such
Page 1 of 2
seating areas are permitted to locate on elevated walkways, piers or docks, this
condition does not apply.
h. Shall comply with all city performance standards.
i. Shall not encroach upon surface water/stormwater areas except as permitted by
the City.
j. Shall maintain either a five-foot wide clear pedestrian path or fifty (50) percent of
the sidewalk width, whichever is greater when outdoor seating is provided within
a public or private sidewalk area. Such clear pedestrian paths shall be
maintained at all times.
k. Shall not place tables and chairs within five (5) feet of bus stops, fire hydrants,
aboveground public utilities, bike racks or any type of public street furniture.
l. Shall be maintained in a neat and orderly appearance at all times and must be
cleared of all debris on a periodic basis during the day and at the close of each
business day.
m. If found to be necessary for the protection of the health, safety and welfare of the
public, the city manager or his/her designee may require the subject property to
immediately remove or relocate all or part of the tables, chairs, etc. of the outdoor
seating area.
n. Serving or consumption of alcoholic beverages within an outdoor seating area
shall comply with the regulations of applicable government agencies.
o. Shall not allow advertising signs or business identification signs within the outside
seating area unless permitted by the City sign regulations.
(Ord. No. 31-2017, § 22, 10-24-14)
Page 2 of 2
Category: 12.
Item: B.
City of Titusville
Recommended Action:
Council provide guidance on initial utilization of ARPA Funds.
a) To respond to the public health emergency or its negative economic impacts, including
assistance to households, small businesses, nonprofits, or aid to impacted industries such as
tourism, travel, and hospitality;
b) To respond to workers performing essential work during the COVID-19 public health
emergency by providing premium pay to eligible workers;
c) For the provision of government services to the extent of the reduction in revenue due to
the COVID-19 public health emergency relative to revenues collected in the most recent full
fiscal year prior to the emergency; and
d) To make necessary investments in water, sewer, or broadband infrastructure.
On June 17, 2021, the Treasury released Compliance and Reporting Guidance (attached)
which provides additional detail and clarification of every recipient's compliance and reporting
requirements and outlines the discretion the city has in utilizing these funds to best suit the
needs of our stakeholders. Staff is following this guidance in proposing the following initial
allocation of ARPA funds per each eligible category:
1. Utilizing an initial budget of $1,200,000, the Neighborhood Services Department will manage
2. Utilizing an initial budget of $332,000 the City intends to contract with the Greater Titusville
Chamber of Commerce to operate a Farmers Market Token Program with ARPA funds similar
to the how the Farmers Market was held in 2020 with federal CARES Act funding. Fifty
dollars in tokens are proposed to be provided to Titusville households that have been negatively
impacted by the COVID pandemic which meet eligible household incomes based on family
size. The Plan proposes up to eight (8) market days between August 13, 2021 and December
31, 2021.
Staff has identified approximately 350 city employees who meet the criteria outlined in the
ARPA language. These employees are workers deemed to be performing essential work
during the COVID-19 pandemic to maintain continuity of operations and protecting the health
and wellbeing of their communities. Such workers include first responders and public safety
personnel, sanitation, social services and other employees that had direct interaction with the
public in maintaining essential services during the health emergency.
c) Revenue Loss: $0
Staff has not identified a loss in governmental revenue due to the health crisis as defined by the
ARPA.
1. Water Resources - Four projects utilizing $1,800,000 in ARPA funding are proposed:
a.) Causeway Lift Station Improvement - This 50 year old lift station services the
environmentally sensitive area near Sand Point Park and is showing signs of degradation which
requires replacement with a new, duplex lift stations at a cost of $800,000
b.) Armstrong Chemical Addition Project - This project will enable Water Production to
maintain optimum PH and Chloramir levels and includes construction of a permanent facility for
the containment of chemicals, feed pumps and dosage control systems at a cost of $600,000.
c.) Backflow Preventers - This program will assist business owners in funding startup
costs for backflow preventers which will protect the property owners water supply from
contamination and comply with FDEP requirements for cross-connection control program
standards. An initial funding of $100,000 to be administered via a grant program is requested.
d.) Grease Interceptors - A reimbursable grant program to help business owners offset
the cost of purchasing and installing approved grease interceptor systems is proposed using
$300,000 in ARPA funds.
a.) Several Stormwater and Infrastructure Improvement projects serving the South Street
target area are proposed using $590,000 in ARPA Funding.
Staff intends to contract with a third party auditing firm to provide program oversight, ensure
reporting requirements are met and that ARPA funds are utilized in accordance with City
Council direction and ARPA guidelines. A funding set aside of $31,596 has been allocated for
this purpose.
The above spendplan allocates the full $4,303,596 initial tranche of ARPA funding. The
remaining funding of approximately $4.3M will be received in the summer of 2022. All funds
must be legally obligated or expended prior to December 31, 2024.
Staff will use current City procurement, contracting and grant administration regulations and
procedures in all programs approved by Council. Each program or project will be brought
before Council at a regular Council meeting for approval to ensure full and open transparency
of the allocation of ARPA funds and implementation of approved projects.
Alternatives:
Do not authorize staff to commence initial allocation of ARPA funding as per conceptual spend
plan detailed above.
Item Budgeted:
NA
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 3 – Financial StabilityNo. 4 –
Economic DevelopmentNo. 5 – Effective Governance
ATTACHMENTS:
Description Upload Date Type
ARPA Info 7/6/2021 Backup Material
On March 11, 2021, the American Rescue Plan Act was signed into law, and established the
Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds,
which together make up the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”)
program. This program is intended to provide support to State, territorial, local, and Tribal
governments in responding to the economic and public health impacts of COVID-19 and in
their efforts to contain impacts on their communities, residents, and businesses.
This guidance provides additional detail and clarification for each recipient’s compliance and
reporting responsibilities under the SLFRF program, and should be read in concert with the
Award Terms and Conditions, the authorizing statute, the SLFRF implementing regulation,
and other regulatory and statutory requirements, including regulatory requirements under the
Uniform Guidance (2 CRF Part 200). Please see the Assistance Listing in SAM.gov under
assistance listing number (formerly known as CFDA number), 21.027 for more information.
Please Note: This guidance document applies to the SLFRF program only and does not
change nor impact reporting and compliance requirements for the Coronavirus Relief Fund
(“CRF”) established by the CARES Act.
Recipients under the SLFRF program are the eligible entities identified in sections 602 and
603 of the Social Security Act as added by section 9901 of the American Rescue Plan Act of
2021 (the “SLFRF statute”) that receive a SLFRF award. Subrecipients under the SLFRF
program are entities that receive a subaward from a recipient to carry out the purposes
(program or project) of the SLFRF award on behalf of the recipient.
Recipients are accountable to Treasury for oversight of their subrecipients, including ensuring
their subrecipients comply with the SLFRF statute, SLFRF Award Terms and Conditions,
Treasury’s Interim Final Rule, and reporting requirements, as applicable.
A. Key Principles
There are several guiding principles for developing your own effective compliance regimes:
• Recipients and subrecipients are the first line of defense, and responsible for ensuring the
SLFRF award funds are not used for ineligible purposes, and there is no fraud, waste, and
abuse associated with their SLFRF award;
• Many SLFRF-funded projects respond to the COVID-19 public health emergency and
meet urgent community needs. Swift and effective implementation is vital, and recipients
must balance facilitating simple and rapid program access widely across the community
and maintaining a robust documentation and compliance regime;
• SLFRF-funded projects should advance shared interests and promote equitable delivery
of government benefits and opportunities to underserved communities, as outlined in
Executive Order 13985, On Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government; and
• Transparency and public accountability for SLFRF award funds and use of such funds are
critical to upholding program integrity and trust in all levels of government, and SLFRF
award funds should be managed consistent with Administration guidance per
Memorandum M-21-20 and Memorandum M-20-21.
As a recipient of an SLFRF award, your organization has substantial discretion to use the
award funds in the ways that best suit the needs of your constituents – as long as such use
fits into one of the following four statutory categories:
1. To respond to the COVID-19 public health emergency or its negative economic impacts;
2. To respond to workers performing essential work during the COVID-19 public health
emergency by providing premium pay to such eligible workers of the recipient, or by
providing grants to eligible employers that have eligible workers who performed essential
work;
3. For the provision of government services, to the extent of the reduction in revenue of such
recipient due to the COVID–19 public health emergency, relative to revenues collected in
the most recent full fiscal year of the recipient prior to the emergency; and
4. To make necessary investments in water, sewer, or broadband infrastructure.
C. Treasury’s Rule
Treasury’s Interim Final Rule details recipients’ compliance responsibilities and provides
additional information on eligible and restricted uses of SLFRF award funds and reporting
requirements. Your organization should review and comply with the information contained in
Treasury’s Interim Final Rule, and any subsequent final rule when building appropriate
controls for SLFRF award funds.
1. Eligible and Restricted Uses of SLFRF Funds. As described in the SLFRF statute and
summarized above, there are four enumerated eligible uses of SLFRF award funds. As a
recipient of an award under the SLFRF program, your organization is responsible for
complying with requirements for the use of funds. In addition to determining a given
project’s eligibility, recipients are also responsible for determining subrecipient’s or
beneficiaries’ eligibility and must monitor use of SLFRF award funds.
To help recipients build a greater understanding of eligible uses, Treasury’s Interim Final
Rule establishes a framework for determining whether a specific project would be eligible
under the SLFRF program, including some helpful definitions. For example, Treasury’s
Interim Final Rule establishes:
• A framework for determining whether a project “responds to” a “negative economic
impact” caused by the COVID-19 public health emergency;
• Definitions of “eligible employers”, “essential work,” “eligible workers”, and “premium
pay” for cases where premium pay is an eligible use;
• A definition of “general revenue” and a formula for calculating revenue lost due to the
COVID-19 public health emergency;
• A framework for eligible water and sewer infrastructure projects that aligns eligible uses
with projects that are eligible under the Environmental Protection Agency’s Drinking
Water and Clean Water State Revolving Funds; and
• A framework for eligible broadband projects designed to provide service to unserved
or underserved households, or businesses at speeds sufficient to enable users to
generally meet household needs, including the ability to support the simultaneous use
of work, education, and health applications, and also sufficiently robust to meet
increasing household demands for bandwidth.
Treasury’s Interim Final Rule also provides more information on four important restrictions
on use of SLFRF award funds: recipients may not deposit SLFRF funds into a pension
fund; recipients that are States or territories may not use SLFRF funds to offset a reduction
in net tax revenue caused by the recipient’s change in law, regulation, or administrative
1
Treasury’s Interim Final Rule is effective as of May 17, 2021, and public comments are due July 16,
2021. This guidance may be clarified consistent with the final rule.
https://www.govinfo.gov/content/pkg/FR-2021-05-17/pdf/2021-10283.pdf
Any funds not obligated or expended for eligible uses by the timelines above must be
returned to Treasury, including any unobligated or unexpended funds that have been
provided to subrecipients and contractors. For the purposes of determining expenditure
eligibility, Treasury’s Interim Final Rule provides that “incurred” has the same meaning
given to “financial obligation” in 2 CFR § 200.1.
3. Reporting. Generally, recipients must submit one initial interim report, quarterly or annual
Project and Expenditure reports which include subaward reporting, and in some cases
annual Recovery Plan reports. Treasury’s Interim Final Rule and Part 2 of this guidance
provide more detail around SLFRF reporting requirements.
Assistance Listing
The Assistance Listing for the Coronavirus State and Local Fiscal Recovery Funds
(CSLFRF) was published May 28, 2021 on SAM.gov under Assistance Listing Number
(“ALN”), formerly known as CFDA Number, 21.027.
The assistance listing includes helpful information including program purpose, statutory
authority, eligibility requirements, and compliance requirements for recipients. The ALN
is the unique 5-digit number assigned to identify a federal assistance listing, and can be
used to search for federal assistance program information, including funding
opportunities, spending on USASpending.gov, or audit results through the Federal Audit
Clearinghouse.
To expedite payments and meet statutory timelines Treasury issued initial payments
under an existing ALN, 21.019, assigned to the CRF. If you have already received funds
or captured the initial number in your records, please update your systems and reporting
to reflect the new ALN 21.027 for the SLFRF program. Recipients must use ALN
21.027 for all financial accounting, subawards, and associated program reporting
requirements for the SLFRF awards.
The SLFRF awards are generally subject to the requirements set forth in the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2
CFR Part 200 (the “Uniform Guidance”). In all instances, your organization should review the
Uniform Guidance requirements applicable to your organization’s use of SLFRF funds, and
SLFRF-funded projects. Recipients should consider how and whether certain aspects of the
Uniform Guidance apply.
Treasury’s Interim Final Rule and guidance and the Uniform Guidance outline the types of
costs that are allowable, including certain audit costs. For example, per 2 CFR 200.425,
a reasonably proportionate share of the costs of audits required by the Single Audit Act
Amendments of 1996 are allowable; however, costs for audits that were not performed, or
not in accordance with 2 CFR Part 200, Subpart F are not allowable. Please see 2 CFR
Part 200, Subpart E regarding the Cost Principles for more information.
a. Administrative costs: Recipients may use funds for administering the SLFRF
program, including costs of consultants to support effective management and
oversight, including consultation for ensuring compliance with legal, regulatory, and
other requirements. 3 Further, costs must be reasonable and allocable as outlined in 2
CFR 200.404 and 2 CFR 200.405. Pursuant to the SLFRF Award Terms and
Conditions, recipients are permitted to charge both direct and indirect costs to their
SLFRF award as administrative costs. Direct costs are those that are identified
specifically as costs of implementing the SLFRF program objectives, such as
contract support, materials, and supplies for a project. Indirect costs are general
overhead costs of an organization where a portion of such costs are allocable to the
SLFRF award such as the cost of facilities or administrative functions like a director’s
office. 45 Each category of cost should be treated consistently in like circumstances as
direct or indirect, and recipients may not charge the same administrative costs to
both direct and indirect cost categories, or to other programs. If a recipient has a
current Negotiated Indirect Costs Rate Agreement (NICRA) established with a
Federal cognizant agency responsible for reviewing, negotiating, and approving cost
allocation plans or indirect cost proposals, then the recipient may use its current
NICRA. Alternatively, if the recipient does not have a NICRA, the recipient may elect
to use the de minimis rate of 10 percent of the modified total direct costs pursuant to
2 CFR 200.414(f).
b. Salaries and Expenses: In general, certain employees’ wages, salaries, and covered
benefits are an eligible use of SLFRF award funds. Please see Treasury’s Interim
Final Rule for details.
3. Cash Management. SLFRF payments made to recipients are not subject to the
requirements of the Cash Management Improvement Act and Treasury’s implementing
regulations at 31 CFR part 205 or 2 CFR 200.305(b)(8)-(9).
As such, recipients can place funds in interest-bearing accounts, do not need to remit
interest to Treasury, and are not limited to using that interest for eligible uses under the
SLFRF award.
4. Eligibility. Under this program, recipients are responsible for ensuring funds are used for
eligible purposes. Generally, recipients must develop and implement policies and
procedures, and record retention, to determine and monitor implementation of criteria for
2
See 42 CFR 433.51 and 45 CFR 75.306.
3
Recipients also may use SLFRF funds directly for administrative costs to improve efficacy of
programs that respond to the COVID-19 public health emergency. 31 CFR 35.6(b)(10).
4
2 CFR 200.413 Direct Costs.
5
2 CFR 200.414 Indirect Costs.
7. Period of Performance. Your organization should also develop and implement internal
controls related to activities occurring outside the period of performance. For example,
each recipient should articulate each project’s policy on allowability of costs incurred prior
to award or start of the period of performance. All funds remain subject to statutory
requirements that they must be used for costs incurred by the recipient during the period
that begins on March 3, 2021, and ends on December 31, 2024, and that award funds for
the financial obligations incurred by December 31, 2024 must be expended by December
31, 2026. Any funds not used must be returned to Treasury.
8. Procurement, Suspension & Debarment. Recipients are responsible for ensuring that
any procurement using SLFRF funds, or payments under procurement contracts using
such funds are consistent with the procurement standards set forth in the Uniform
Guidance at 2 CFR 200.317 through 2 CFR 200.327, as applicable. The Uniform Guidance
establishes in 2 CFR 200.319 that all procurement transactions for property or services
must be conducted in a manner providing full and open competition, consistent with
standards outlined in 2 CFR 200.320, which allows for non-competitive procurements only
in circumstances where at least one of the conditions below is true: the item is below the
micro-purchase threshold; the item is only available from a single source; the public
exigency or emergency will not permit a delay from publicizing a competitive solicitation;
or after solicitation of a number of sources, competition is determined inadequate. 6
Recipients must have and use documented procurement procedures that are consistent
with the standards outlined in 2 CFR 200.317 through 2 CFR 200.320. The Uniform
Guidance requires an infrastructure for competitive bidding and contractor oversight,
including maintaining written standards of conduct and prohibitions on dealing with
suspended or debarred parties. Your organization must ensure adherence to all applicable
local, State, and federal procurement laws and regulations.
9. Program Income. Generally, program income includes, but is not limited to, income from
fees for services performed, the use or rental or real or personal property acquired under
Federal awards and principal and interest on loans made with Federal award funds.
Program income does not include interest earned on advances of Federal funds, rebates,
credits, discounts, or interest on rebates, credits, or discounts. Recipients of SLFRF funds
6
2 CFR 200.320(c)(1)-(3) and (5)
The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR
200.307. Treasury intends to provide additional guidance regarding program income and
the application of 2 CFR 200.307(e)(1), including with respect to lending programs.
10. Reporting. All recipients of federal funds must complete financial, performance, and
compliance reporting as required and outlined in Part 2 of this guidance. Expenditures
may be reported on a cash or accrual basis, as long as the methodology is disclosed and
consistently applied. Reporting must be consistent with the definition of expenditures
pursuant to 2 CFR 200.1. Your organization should appropriately maintain accounting
records for compiling and reporting accurate, compliant financial data, in accordance with
appropriate accounting standards and principles.
11. Subrecipient Monitoring. SLFRF recipients that are pass-through entities as defined
under 2 CFR 200.1 are required to manage and monitor their subrecipients to ensure
compliance with requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding
requirements for pass-through entities.
First, your organization must clearly identify to the subrecipient: (1) that the award is a
subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF
funds; and (3) any and all reporting requirements for expenditures of SLFRF funds.
Next, your organization will need to evaluate each subrecipient’s risk of noncompliance
based on a set of common factors. These risk assessments may include factors such as
prior experience in managing Federal funds, previous audits, personnel, and policies or
procedures for award execution and oversight. Ongoing monitoring of any given
subrecipient should reflect its assessed risk and include monitoring, identification of
deficiencies, and follow-up to ensure appropriate remediation.
Accordingly, your organization should develop written policies and procedures for
subrecipient monitoring and risk assessment and maintain records of all award
agreements identifying or otherwise documenting subrecipients’ compliance obligations.
12. Special Tests and Provisions. Treasury has set a deadline of July 16, 2021, for receipt
of public comment on its Interim Final Rule and will adopt a final rule responding to these
comments. In addition, Treasury may add clarifications to the implementing guidance.
Across each of the compliance requirements above, Treasury described some best practices
for development of internal controls. The table below provides a brief description and example
of each best practice.
The Award Terms and Conditions of the SLFRF financial assistance agreement sets forth the
compliance obligations for recipients pursuant to the SLFRF statute, the Uniform Guidance,
and Treasury’s Interim Final Rule. Recipients should ensure they remain in compliance with
all Award Terms and Conditions. These obligations include the following items in addition to
those described above:
1. SAM.gov Requirements. All eligible recipients are also required to have an active
registration with the System for Award Management (SAM) (https://www.sam.gov). To
ensure timely receipt of funding, Treasury has stated that Non-entitlement Units of
Government (NEUs) who have not previously registered with SAM.gov may do so after
receipt of the award, but before the submission of mandatory reporting. 7
Your organization must agree to provide or make available such records to Treasury upon
request, and to any authorized oversight body, including but not limited to the Government
Accountability Office (“GAO”), Treasury’s Office of Inspector General (“OIG”), and the
Pandemic Relief Accountability Committee (“PRAC”).
3. Single Audit Requirements. Recipients and subrecipients that expend more than
$750,000 in Federal awards during their fiscal year will be subject to an audit under the
Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding
audit requirements. 8 Recipients and subrecipients may also refer to the Office of
7
See flexibility provided in https://www.whitehouse.gov/wp-content/uploads/2021/03/M_21_20.pdf.
8
For-profit entities that receive SLFRF subawards are not subject to Single Audit requirements.
However, they are subject to other audits as deemed necessary by authorized governmental entities,
including Treasury, the GAO, the PRAC and the Treasury’s OIG.
4. Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury
are required to meet legal requirements relating to nondiscrimination and
nondiscriminatory use of Federal funds. Those requirements include ensuring that entities
receiving Federal financial assistance from the Treasury do not deny benefits or services,
or otherwise discriminate on the basis of race, color, national origin (including limited
English proficiency), disability, age, or sex (including sexual orientation and gender
identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964
(Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's
implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973
(Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title
IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the
Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975,
Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations
at 31 CFR part 23.
In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act,
Treasury will collect and review information from recipients to ascertain their compliance
with the applicable requirements before and after providing financial assistance.
Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice
(DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28
CFR part 42, provide for the collection of data and information from recipients (see 28 CFR
42.406). Treasury may request that recipients submit data for post-award compliance
reviews, including information such as a narrative describing their Title VI compliance
status.
There are three types of reporting requirements for the SLFRF program.
• Interim Report: Provide initial overview of status and uses of funding. This is a one-time
report. See Section A, page 13.
• Project and Expenditure Report: Report on projects funded, expenditures, and contracts
and subawards over $50,000, and other information. See Section B, page 15.
• Recovery Plan Performance Report: The Recovery Plan Performance Report (the
“Recovery Plan”) will provide information on the projects that large recipients are
undertaking with program funding and how they plan to ensure program outcomes are
achieved in an effective, efficient, and equitable manner. It will include key performance
indicators identified by the recipient and some mandatory indicators identified by
Treasury. The Recovery Plan will be posted on the website of the recipient as well as
provided to Treasury. See Section C, page 23.
Tribal Governments
The remainder of this document describes these reporting requirements. A users’ guide will
be provided with additional information on how and where to submit required reports.
9
Interim Final Rule Page 111
10
Interim Final Rule page 112
11
Interim Final Rule Page 111
A. Interim Report
States, U.S. territories, metropolitan cities, counties, and Tribal governments are required to
submit a one-time interim report with expenditures 12 by Expenditure Category at the summary
level from the date of award to June 30, 2021. The recipient will be required to enter
obligations 13 and expenditures and, for each, select the specific expenditure category from the
available options. See Appendix 1 for Expenditure Categories (EC).
a. Revenue replacement (EC 6.1 14): Key inputs into the revenue replacement formula in the
Interim Final Rule and estimated revenue loss due to the Covid-19 public health
emergency calculated using the formula in the Interim Final Rule as of December 31,
2020.
• Base year general revenue (e.g., revenue in the last full fiscal year prior to the public
health emergency)
• Fiscal year end date
• Growth adjustment used (either 4.1 percent or average annual general revenue growth
over 3 years prior to pandemic)
• Actual general revenue as of the twelve months ended December 31, 2020
• Estimated revenue loss due to the Covid-19 public health emergency as of December
31, 2020
• An explanation of how revenue replacement funds were allocated to government
services (Note: additional instructions and/or template to be provided in users’ guide)
12
For purposes of reporting in the SLFRF portal, an expenditure is the amount that has been incurred
as a liability of the entity (the service has been rendered or the good has been delivered to the entity).
13
For purposes of reporting in the SLFRF portal, an obligation is an order placed for property and
services, contracts and subawards made, and similar transactions that require payment.
14
See Appendix 1 for the full Expenditure Category (EC) list. References to Expenditure Categories
are identified by “EC” followed by numbers from the table in Appendix 1.
Consistent with the broad latitude provided to recipients to use funds for government
services to the extent of reduction in revenue, recipients will be required to submit a
description of services provided. This description may be in narrative or in another form,
and recipients are encouraged to report based on their existing budget processes and to
minimize administrative burden. For example, a recipient with $100 in revenue
replacement funds available could indicate that $50 were used for law enforcement
operating expenses and $50 were used for pay-go building of sidewalk infrastructure. As
discussed in the Interim Final Rule, these services can include a broad range of services
but may not be used directly for pension deposits or debt service.
Reporting requirements will not require tracking the indirect effects of Fiscal Recovery
Funds, apart from the restrictions on use of Fiscal Recovery Funds to offset a reduction
in net tax revenue. In addition, recipients must indicate that Fiscal Recovery Funds were
not used to make a deposit in a pension fund.
b. Distributions to NEUs - States and territories only (EC 7.4): Information on SLFRF
distributions to eligible NEUs. Each State and territory will be asked to provide an
update on distributions to individual NEUs, including whether the NEU has (1) received
funding; (2) declined funding and requested a transfer to the State under Section
603(c)(4) of the Act; or (3) not taken action on its funding. States and territories should
be prepared to report on their information, including the following:
• NEU name
• NEU DUNS number
• NEU Taxpayer Identification Number (TIN)
• NEU Recipient Number (a unique identification code for each NEU assigned by the
State to the NEU as part of the request for funding)
• NEU contact information (e.g., address, point of contact name, point of contact email
address, and point of contact phone number)
• NEU authorized representative name and email address
• Initial allocation and, if applicable, subsequent allocation to the NEU (before
application of the 75 percent cap)
• Total NEU reference budget (as submitted by the NEU to the State as part of the
request for funding)
For each eligible NEU that declined funding and requested a transfer to the State under
Section 603(c)(4), the State must also attach a form signed by the NEU, as detailed in
the Guidance on Distributions of Funds to Non-Entitlement Units of Local Government.
States with “weak” minor civil divisions (i.e., Illinois, Indiana, Kansas, Missouri,
Nebraska, North Dakota, Ohio, and South Dakota) should also list any minor civil
divisions that the State deemed ineligible.
1. Quarterly Reporting
The following recipients are required to submit quarterly Project and Expenditure Reports:
• States, U.S. territories, and Tribal governments
• Metropolitan cities and counties that received more than $5 million in SLFRF funding
For these recipients, the initial quarterly Project and Expenditure Report will cover two
calendar quarters from the date of award to September 30, 2021 and must be submitted to
Treasury by October 31, 2021. The subsequent quarterly reports will cover one calendar
quarter and must be submitted to Treasury within 30 calendar days after the end of each
calendar quarter. Quarterly reports are not due concurrently with applicable annual reports.
The table below summarizes the quarterly report timelines:
2. Annual Reporting
The following recipients are required to submit annual Project and Expenditure Reports:
• Metropolitan cities and counties that received less than $5 million in SLFRF funding.
• NEUs. To facilitate reporting, each NEU will need a NEU Recipient Number. This is a
unique identification code for each NEU assigned by the State to the NEU as part of its
request for funding.
For these recipients, the initial Project and Expenditure Report will cover from the date of
award to September 30, 2021 and must be submitted to Treasury by October 31, 2021. The
subsequent annual reports will cover one calendar year and must be submitted to Treasury
by October 31. The table below summarizes the report timelines:
3. Required Information
a. Projects: Provide information on all SLFRF funded projects. Projects are new or existing
eligible government services or investments funded in whole or in part by SLFRF funding.
For each project, the recipient will be required to enter the project name, identification
number (created by the recipient), project expenditure category (see Appendix 1),
description, and status of completion. Project descriptions must describe the project in
sufficient detail to provide understanding of the major activities that will occur, and will be
required to be between 50 and 250 words. Projects should be defined to include only
closely related activities directed toward a common purpose. In particular, recipients should
review the Required Programmatic Data described below and define their projects at a
sufficient level of granularity to report these metrics for a reasonably specific activity or set
of activities in each project.
Note: For each project, the recipient will be asked to select the appropriate Expenditure
Category based on the scope of the project (see Appendix 1). Projects should be scoped
to align to a single Expenditure Category. For select Expenditure Categories, the recipient
will also be asked to provide additional programmatic data (described further below).
b. Expenditures: Once a project is entered the recipient will be able to report on the project’s
obligations and expenditures. Recipients will be asked to report:
• Current period obligation
• Cumulative obligation
• Current period expenditure
• Cumulative expenditure
Recipients may use reasonable estimates to determine if a project meets one of these
criteria, including identifying the intended beneficiaries of a program or service in terms of
income characteristics, geographic location, or otherwise estimating the beneficiaries of a
program based on its eligibility criteria. Recipients do not need to track information on
each individual beneficiary to make the determination of whether or not the project is
serving an economically disadvantaged community. If a recipient is unable to measure
economic characteristics of the primary intended beneficiaries of a program or service
due to data limitations or for other reasons, that program or service may not be counted
as targeted to economically disadvantaged communities. Treasury recognizes that in
some circumstances, recipients may fund eligible programs or services that benefit
economically disadvantaged communities but may lack adequate data to assess
conclusively that such a program or service is targeted to economically disadvantaged
communities based on the criteria described above.
e. Subawards: Each recipient shall also provide detailed obligation and expenditure
information for any contracts and grants awarded, loans issued, transfers made to other
government entities, and direct payments made by the recipient that are greater than or
equal to $50,000.
15
Specifically recipients must report this information for projects in the Expenditure Categories that
are marked with “^” in the expenditure category listing in Appendix 1 of this guidance
16
HUD defines as a QCT as having “50 percent of households with incomes below 60 percent of the
Area Median Gross Income (AMGI) or have a poverty rate of 25 percent or more.” To view median
income area for their jurisdiction, recipients may visit the U.S. Census website on median incomes
and select the geography for their jurisdiction and relevant unit of measurement (household or
individual) for the project.
In general, recipients will be asked to provide the following information for each Contract,
Grant, Loan, Transfer, or Direct Payment greater than or equal to $50,000:
• Subrecipient identifying and demographic information (e.g., DUNS number and
location)
• Award number (e.g., Award number, Contract number, Loan number)
• Award date, type, amount, and description
• Award payment method (reimbursable or lump sum payment(s))
• For loans, expiration date (date when loan expected to be paid in full)
• Primary place of performance
• Related project name(s)
• Related project identification number(s) (created by the recipient)
• Period of performance start date
• Period of performance end date
• Quarterly obligation amount
• Quarterly expenditure amount
• Project(s)
• Additional programmatic performance indicators for select Expenditure Categories (see
below)
Aggregate reporting is required for contracts, grants, transfers made to other government
entities, loans, direct payments, and payments to individuals that are below $50,000. This
information will be accounted for by expenditure category at the project level.
As required by the 2 CFR Part 170, Appendix A award term regarding reporting subaward
and executive compensation, recipients must also report the names and total compensation
of their five most highly compensated executives and their subrecipients’ executives for the
preceding completed fiscal year if (1) the recipient received 80 percent or more of its annual
gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and
subawards), and received $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act (and subawards), and (2) if the information is not otherwise public. In
general, most SLFRF Recipients are governmental entities with executive salaries that are
already disclosed, so no additional information must be reported. The recipient is
responsible for the subrecipients’ compliance with registering and maintaining an updated
profile on SAM.gov.
f. Civil Rights Compliance: Treasury will request information on recipients’ compliance with
Title VI of the Civil Rights Act of 1964 on an annual basis. This information may include a
narrative describing the recipient’s compliance with Title VI, along with other questions and
assurances.
g. Required Programmatic Data (other than infrastructure projects): For all projects listed
under the following Expenditure Categories (see Appendix 1), the information listed must
be provided in each report.
4. Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (EC 2.11-2.12):
• If aid is provided to industries other than travel, tourism, and hospitality (EC 2.12),
a description of pandemic impact on the industry and rationale for providing aid to
the industry
• Brief narrative description of how the assistance provided responds to negative
economic impacts of the COVID-19 pandemic
• For each subaward:
o Sector of employer (Note: additional detail, including list of sectors to be
provided in a users’ guide)
o Purpose of funds (e.g., payroll support, safety measure implementation)
17
For more information on NCES identification numbers see https://nces.ed.gov/ccd/districtsearch/
(districts) and https://nces.ed.gov/ccd/schoolsearch/ (schools).
In calculating general revenue and the revenue loss due to the COVID-19 public
health emergency, recipients should follow the same guidance as described above
for the Interim Report.
h. Required Programmatic Data for Infrastructure Projects (EC 5): For all projects listed under
the Water, Sewer, and Broadband Expenditure Categories (see Appendix 1), more detailed
project-level information is required. Each project will be required to report expenditure
data as described above, but will also report the following information:
18
County means a county, parish, or other equivalent county division (as defined by the Census
Bureau). See 31 CFR 35.3.
19
As determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of
title 40, United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding
classes of laborers and mechanics employed on projects of a character similar to the contract work in
the civil subdivision of the State (or the District of Columbia) in which the work is to be performed.
i. Distributions to NEUs - States and territories only (EC 7.4): Information on SLFRF
distributions to eligible NEUs. Each State and territory will be asked to provide an update
on distributions to individual NEUs, including whether the NEU has (1) received funding;
(2) declined funding and requested a transfer to the State under Section 603(c)(4) of the
Act; or (3) not taken action on its funding. States and territories should be prepared to report
on their information, including the following:
• NEU name
• NEU DUNS number
• NEU Taxpayer Identification Number (TIN)
• NEU Recipient Number (a unique identification code for each NEU assigned by the
State to the NEU as part of the request for funding)
• NEU contact information (e.g., address, point of contact name, point of contact email
address, and point of contact phone number)
• NEU authorized representative name and email address
• Initial allocation and, if applicable, subsequent allocation to the NEU (before
application of the 75 percent cap)
• Total NEU reference budget (as submitted by the NEU to the State as part of the
request for funding)
• Amount of the initial and, if applicable, subsequent allocation above 75 percent of the
NEU’s reference budget which will be returned to Treasury
• Payment amount(s)
• Payment date(s)
States with “weak” minor civil divisions (i.e., Illinois, Indiana, Kansas, Missouri, Nebraska,
North Dakota, Ohio, and South Dakota) should also list any minor civil divisions that the
State deemed ineligible.
j. NEU Documentation (NEUs only): Each NEU will also be asked to provide the following
information with their first report submitted by October 31, 2021:
• Copy of the signed award terms and conditions agreement (which was signed and
submitted to the State as part of the request for funding)
• Copy of the signed assurances of compliance with Title VI of the Civil Rights Act of
1964 (which was signed and submitted to the State as part of the request for funding)
• Copy of actual budget documents validating the top-line budget total provided to the
State as part of the request for funding
States, territories, metropolitan cities, and counties with a population that exceeds 250,000
residents will also be required to publish and submit to Treasury a Recovery Plan performance
report (“Recovery Plan”). Each Recovery Plan must be posted on the public-facing website of
the recipient by the same date the recipient submits the report to Treasury. This reporting
requirement includes uploading a link to the publicly available document report along with
providing data in the Treasury reporting portal.
The Recovery Plan will provide the public and Treasury information on the projects recipients
are undertaking with program funding and how they are planning to ensure program outcomes
are achieved in an effective, efficient, and equitable manner. While this guidance outlines
some minimum requirements for the Recovery Plan, each recipient is encouraged to add
information to the plan they feel is appropriate to provide information to their constituents on
efforts they are taking to respond to the pandemic and promote economic recovery. Each
jurisdiction may determine the general form and content of the Recovery Plan, as long as it
includes the minimum information determined by Treasury. Treasury will provide a
recommended template but recipients may modify this template as appropriate for their
jurisdiction. The Recovery Plan will include key performance indicators identified by the
recipient and some mandatory indicators identified by Treasury.
The initial Recovery Plan will cover the period from the date of award to July 31, 2021 and
must be submitted to Treasury by August 31, 2021. Thereafter, the Recovery Plan will cover
a 12-month period and recipients will be required to submit the report to Treasury within 30
days after the end of the 12-month period (by July 31). The table below summarizes the report
timelines:
1. Executive Summary
Provide a high-level overview of the jurisdiction’s intended and actual uses of funding
including, but not limited to: the jurisdiction’s plan for use of funds to promote a response to
the pandemic and economic recovery, key outcome goals, progress to date on those
outcomes, and any noteworthy challenges or opportunities identified during the reporting
period.
2. Uses of Funds
Describe in further detail your jurisdiction’s intended and actual uses of the funds, such as
how your jurisdiction’s approach would help support a strong and equitable recovery from the
COVID-19 pandemic and economic downturn. Describe any strategies employed to maximize
programmatic impact and effective, efficient, and equitable outcomes. Given the broad eligible
uses of funds and the specific needs of the jurisdiction, please also explain how the funds
would support the communities, populations, or individuals in your jurisdiction. Your
description should address how you are promoting each of the following, to the extent they
apply:
a. Public Health (EC 1): As relevant, describe how funds are being used to respond to
COVID-19 and the broader health impacts of COVID-19 and the COVID-19 public health
emergency.
b. Negative Economic Impacts (EC 2): As relevant, describe how funds are being used to
respond to negative economic impacts of the COVID-19 public health emergency,
including to households and small businesses.
c. Services to Disproportionately Impacted Communities (EC 3): As relevant, describe how
funds are being used to provide services to communities disproportionately impacted by
the COVID-19 public health emergency.
d. Premium Pay (EC 4): As relevant, describe the approach, goals, and sectors or
occupations served in any premium pay program. Describe how your approach prioritizes
low-income workers.
e. Water, sewer, and broadband infrastructure (EC 5): Describe the approach, goals, and
types of projects being pursued, if pursuing.
f. Revenue Replacement (EC 6): Describe the loss in revenue due to the COVID-19 public
health emergency and how funds have been used to provide government services.
Where appropriate, recipients should also include information on your jurisdiction’s use (or
planned use) of other federal recovery funds including other programs under the American
Rescue Plan such as the Emergency Rental Assistance, Housing Assistance, and so forth, to
provide broader context on the overall approach for pandemic recovery.
Treasury encourages uses of funds that promote strong, equitable growth, including racial
equity. Please describe how your jurisdiction’s planned or current use of funds prioritizes
economic and racial equity as a goal, names specific targets intended to produce meaningful
equity results at scale, and articulates the strategies to achieve those targets. In addition,
please explain how your jurisdiction’s overall equity strategy translates into the specific
services or programs offered by your jurisdiction in the following Expenditure Categories:
a. Negative Economic Impacts (EC 2): assistance to households, small businesses, and
non-profits to address impacts of the pandemic, which have been most severe among
low-income populations. This includes assistance with food, housing, and other needs;
employment programs for people with barriers to employment who faced negative
economic impacts from the pandemic (such as residents of low-income neighborhoods,
minorities, disconnected youth, the unemployed, formerly incarcerated people, veterans,
and people with disabilities); and other strategies that provide disadvantaged groups with
access to education, jobs, and opportunity.
b. Services to Disproportionately Impacted Communities (EC 3): services to address health
disparities and the social determinants of health, build stronger neighborhoods and
communities (e.g., affordable housing), address educational disparities (e.g., evidence-
based tutoring, community schools, and academic, social-emotional, and mental health
supports for high poverty schools), and promote healthy childhood environments (e.g.,
home visiting, child care).
The initial report must describe efforts to date and intended outcomes to promote equity.
Each annual report thereafter must provide an update, using qualitative and quantitative
data, on how the recipients’ approach achieved or promoted equitable outcomes or
progressed against equity goals during the performance period. Please also describe any
constraints or challenges that impacted project success in terms of increasing equity. In
particular, this section must describe the geographic and demographic distribution of
funding, including whether it is targeted toward traditionally marginalized communities.
For the purposes of the SLFRF, equity is defined in the Executive Order 13985 On Advancing
Racial Equity and Support for Underserved Communities Through the Federal Government,
as issued on January 20, 2021.
4. Community Engagement
Please describe how your jurisdiction’s planned or current use of funds incorporates written,
oral, and other forms of input that capture diverse feedback from constituents, community-
based organizations, and the communities themselves. Where relevant, this description must
include how funds will build the capacity of community organizations to serve people with
significant barriers to services, including people of color, people with low incomes, limited
English proficient populations, and other traditionally underserved groups.
5. Labor Practices
Describe workforce practices on any infrastructure projects being pursued (EC 5). How are
projects using strong labor standards to promote effective and efficient delivery of high-quality
infrastructure projects while also supporting the economic recovery through strong
employment opportunities for workers? For example, report whether any of the following
practices are being utilized: project labor agreements, community benefits agreements,
prevailing wage requirements, and local hiring.
For all projects, recipients may be selected to participate in a national evaluation, which would
study their project along with similar projects in other jurisdictions that are focused on the same
set of outcomes. In such cases, recipients may be asked to share information and data that is
needed for the national evaluation.
Recipients are encouraged to consider how a Learning Agenda, either narrowly focused on
SLFRF or broadly focused on the recipient’s broader policy agenda, could support their
overarching evaluation efforts in order to create an evidence-building strategy for their
jurisdiction. 23
20
As noted in Appendix 2, evidence-based refers to interventions with strong or moderate levels of
evidence.
21
Of note, recipients are only required to report the amount of the total funds that are allocated to
evidence-based interventions in the areas of Public Health, Negative Economic Impacts, and Services
to Disproportionately Impacted Communities that are marked by an asterisk in Appendix 1:
Expenditure Categories.
22
For more information on the required standards for program evaluation, see OMB M-20-12.
23
For more information on learning agendas, please see OMB M-19-23
8. Project Inventory
List the name and provide a brief description of all SLFRF funded projects. Projects are new
or existing eligible government services or investments funded in whole or in part by SLFRF
funding. For each project, include the project name, funding amount, identification number
(created by the recipient and used thereafter in the quarterly Program and Expenditure
Report), project Expenditure Category (see Appendix 1), and a description of the project which
includes an overview of the main activities of the project, the approximate timeline, primary
delivery mechanisms and partners, if applicable, and intended outcomes. Include a link to the
website of the project if available. This information will provide context and additional detail
for the information reported quarterly in the Project and Expenditure Report.
For infrastructure investment projects (EC 5), project-level reporting will be more detailed, as
described for the Project and Expenditure Report above. Projects in this area may be grouped
by Expenditure Category if needed, with further detail (such as the specific project name and
identification number) provided in the Project and Expenditure Report. For infrastructure
projects, descriptions should note how the project contributes to addressing climate change.
9. Performance Report
The Recovery Plan must include key performance indicators for the major SLFRF funded
projects undertaken by the recipient. The recipient has flexibility in terms of how this
information is presented in the Recovery Plan, and may report key performance indicators for
each project, or may group projects with substantially similar goals and the same outcome
measures. In some cases, the recipient may choose to include some indicators for each
individual project as well as crosscutting indicators.
Performance indicators should include both output and outcome measures. Output measures,
such as number of students enrolled in an early learning program, provide valuable information
about the early implementation stages of a project. Outcome measures, such as the percent
of students reading on grade level, provide information about whether a project is achieving
its overall goals. Recipients are encouraged to use logic models 24 to identify their output and
outcome measures. While the initial report will focus heavily on early output goals, recipients
must include the related outcome goal for each project and provide updated information on
achieving these outcome goals in annual reports. In cases where recipients are conducting a
program evaluation for a project (as described above), the outcome measures in the
performance report should be aligned with those being evaluated in the program. To support
their performance measurement and program improvement efforts, recipients are permitted to
use funds to make improvements to data or technology infrastructure and data analytics, as
well as program evaluations.
24
A logic model is a tool that depicts the intended links between program investments and outcomes,
specifically the relationships among the resources, activities, outputs, outcomes, and impact of a
program.
a. Household Assistance (EC 2.2 & 2.5) and Housing Support (EC 3.10-3.12):
• Number of people or households receiving eviction prevention services (including legal
representation)
• Number of affordable housing units preserved or developed
The initial report should include the key indicators above. Each annual report thereafter should
include updated data for the performance period as well as prior period data, and a brief
narrative adding any additional context to help the reader interpret the results and understand
the any changes in performance indicators over time. To the extent possible, Treasury also
encourages recipients to provide data disaggregated by race, ethnicity, gender, income, and
other relevant factors.
11. Ineligible Activities: Tax Offset Provision (States and territories only)
The following information is required for Treasury to ensure SLFRF funding is not used for
ineligible activities.
In each reporting year, States and territories will report certain items related to the Tax Offset
Provision 31 CFR 35.8, as detailed below. As indicated in the Interim Final Rule, Treasury is
seeking comment on reporting requirements related to the Tax Offset Provision, including
ways to better rely on information already produced by States and territories and to minimize
burden.
The terms “reporting year,” “baseline,” “covered change,” “net reduction in total spending,” and
“tax revenue” are defined in the Interim Final Rule, 31 CFR 35.3. For purposes of calculating
a net reduction in total spending, total spending for the fiscal year ending 2019 should be
reported on an inflation-adjusted basis, consistent with the Interim Final Rule, 31 CFR 35.3.
Similarly, for purposes of calculating baseline, tax revenue for the fiscal year 2019 should be
reported on an inflation-adjusted basis, consistent with the Interim Final Rule, 31 CFR 35.3.
For purposes of reporting actual tax revenue and calculating tax revenue for the fiscal year
ending 2019, 26 (a) if available, recipients should report information using audited financials
and (b) recipients may provide data on a cash, accrual, or modified accrual basis, but must be
consistent in their approach across all reporting periods. Similarly, for purposes of calculating
25
For more information on evidence-based tutoring programs, refer to the U.S. Department of
Education’s 2021 ED COVID-19 Handbook (Volume 2), which summarizes research on evidence-
based tutoring programs (see the bottom of page 20.
26
Tax revenue for fiscal year ending 2019 is relevant for calculating the recipient’s baseline.
b. Baseline Revenue:
Baseline has the meaning defined in the Interim Final Rule, 31 CFR 35.3.
Next, a recipient must determine and aggregate the value of spending cuts in each
“reporting unit,” as defined below. For each reporting unit, the recipient must report (1) the
amount of the reduction in spending in the reporting unit relative to its inflation-adjusted
FY 2019 level, (2) the amount of any Fiscal Recovery Funds spent in the reporting unit,
and (3) the amount by which the reduction in spending exceeds the Fiscal Recovery funds
spent in the reporting unit. If a recipient has not spent amounts received from the Fiscal
Recovery Funds in a reporting unit, the full amount of the reduction in spending counts as
a covered spending cut and may be included in aggregate spending cuts. If the recipient
has spent amounts received from the Fiscal Recovery Funds, such amounts generally
would be deemed to have replaced the amount of spending cut, and only reductions in
spending above the amount of Fiscal Recovery Funds spent on the reporting unit would
be eligible to offset a reduction in net tax revenue. Only such amounts above the amount
of Fiscal Recovery Funds spent on the reporting unit should be included in the aggregate
of spending cuts.
To align with existing reporting and accounting, the Interim Final Rule considers the
department, agency, or authority from which spending has been cut and whether the
recipient government has spent amounts received from the Fiscal Recovery Funds on that
same department, agency, or authority. Recipients may also choose to report at a more
granular sub-department level. Recipients are encouraged to define and report spending
in departments, sub-departments (e.g., bureaus), agencies, or authorities (each a
“reporting unit”) in a manner consistent with their existing budget process and should, to
the extent possible, report using the same reporting unit in each reporting year. For
example, if a State health department maintains separate budgets for different units (e.g.,
medical and public health units), those units may be reported and considered separately.
Spending cuts must be reported relative to FY 2019 spending levels, adjusted for inflation,
and excluding Fiscal Recovery Funds from reporting year spending levels.
Recipients should maintain records regarding spending cuts. As discussed in the Interim
Final Rule, in order to help ensure governments use Fiscal Recovery Funds in a manner
consistent with the prescribed eligible uses and do not use Fiscal Recovery Funds to
indirectly offset a reduction in net tax revenue resulting from a covered change, Treasury
will monitor changes in spending throughout the covered period. Evasions of the Tax
Offset Provision may be subject to recoupment.
*Denotes areas where recipients must identify the amount of the total funds that are allocated
to evidence-based interventions (see Use of Evidence section above for details)
^Denotes areas where recipients must report on whether projects are primarily serving
disadvantaged communities (see Project Demographic Distribution section above for details)
27
Definitions for water and sewer Expenditure Categories can be found in the EPA’s handbooks. For
“clean water” expenditure category definitions, please see:
https://www.epa.gov/sites/production/files/2018-03/documents/cwdefinitions.pdf. For “drinking water”
expenditure category definitions, please see: https://www.epa.gov/dwsrf/drinking-water-state-
revolving-fund-national-information-management-system-reports.
What is evidence-based?
For the purposes of the SLFRF, evidence-based refers to interventions with strong or
moderate evidence as defined below:
Strong evidence means the evidence base that can support causal conclusions for the specific
program proposed by the applicant with the highest level of confidence. This consists of one
or more well-designed and well-implemented experimental studies conducted on the proposed
program with positive findings on one or more intended outcomes.
Moderate evidence means that there is a reasonably developed evidence base that can
support causal conclusions. The evidence base consists of one or more quasi-experimental
studies with positive findings on one or more intended outcomes OR two or more non-
experimental studies with positive findings on one or more intended outcomes. Examples of
research that meet the standards include: well-designed and well-implemented quasi-
experimental studies that compare outcomes between the group receiving the intervention
and a matched comparison group (i.e., a similar population that does not receive the
intervention).
Preliminary evidence means that the evidence base can support conclusions about the
program’s contribution to observed outcomes. The evidence base consists of at least one non-
experimental study. A study that demonstrates improvement in program beneficiaries over
time on one or more intended outcomes OR an implementation (process evaluation) study
used to learn and improve program operations would constitute preliminary evidence.
Examples of research that meet the standards include: (1) outcome studies that track program
beneficiaries through a service pipeline and measure beneficiaries’ responses at the end of
the program; and (2) pre- and post-test research that determines whether beneficiaries have
improved on an intended outcome.
Category: 12.
Item: C.
City of Titusville
Recommended Action:
Approve the proposed American Rescue Plan Act - Farmers Market program and drafting
a contract with the Greater Titusville Chamber of Commerce to operate the Program.
The Plan proposes to continue operating the Farmers Market with ARPA funds similar to the
Farmers Market held in 2020 with federal CARES Act funding where $50 in tokens was
provided to households that have been negatively impacted by the COVID pandemic. The Plan
proposes up to eight (8) market days between August 13, 2021 and December 31, 2021. The
location is proposed to be the same as was used previously at Stephen House Way and the
southern portion of Mariners Way. Eligibility will be based on a Titusville mailing address,
household size and annual household income. Each qualifying residential unit would receive
$50 in tokens for use at the Farmer's Market. Further details regarding vendor payment, market
staffing, administration, and the estimated cost to operate the farmers market are included in the
Plan. It is estimated that the total cost to operate the program is $332,000. American Rescue
Plan Act funds will pay for the program.
Alternatives:
1. Approve the Farmers Market program as proposed.
2. Approve the Farmers Market program with changes.
3. Do not approve the Farmers Market.
Item Budgeted:
Yes
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective Services
ATTACHMENTS:
Description Upload Date Type
Budget Amendment_Uploaded 7-6-2021 7/6/2021 Backup Material
ARPA Farmers Market Token Plan 7/6/2021 Backup Material
Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount
FY2021
Budget
131-0000-331.50-11 FEDERAL GRANT/ARPA $ 332,000 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
FY2021
Budget
131-5555-582.82-01-N20101 N20101 HOUSING AND URBAN DEVELOPMENT/AID TO PRIVATE ORGANIZATIONS $ 332,000 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
One application per residential unit, and address must be Titusville, Florida. Each qualifying residential unit
would receive $50.00 in tokens for use at the North Brevard Farmers Market.
Application process would be handled electronically with pre-registration required for each market. This allows
us to review applications and identify duplicates prior to the market and helps protect against fraud. Anyone
requiring assistance with registration would be directed to the Welcome Center during regular operating hours.
Certification of details would be on the honor system, with no proof of income level required. Picture ID/proof
of residency would be required at the market to receive tokens.
8 markets with an average participation of 700 beneficiaries per market = $280,000.00
Market Vendors
Market vendors would be registered and managed by Brevard UF/Ag Ext staff, as is currently being done. All
guidelines related to vendors and product would be managed by that office according to their policies and
standards.
Vendors would participate in a token reconciliation process at the close of each market, with numbers verified
by the vendor and the organizers.
b-token.com – they have 2 sizes – colored tokens embossed on two sides - FREE shipping and mold costs
Other supplies will be necessary including but not limited to: signage, tents, tables and chairs, storage
containers, etc. We estimate infrastructure costs to not exceed $10,000.00.
Category: 12.
Item: D.
City of Titusville
Recommended Action:
Approve the implementation of the COVID-19 community assistance programs provided
under the American Rescue Plan Act through the Neighborhood Services Department.
Staff has identified an application period of August 1 through September 1, 2021 for the
Request for Proposal cycle, for service providers. Staff also expects to issue a Request for
Proposal for affordable housing around the same timeframe.
The Neighborhood Services Department has amended the existing COVID-19 Supplemental
Directives and Policy and Procedures, herein provided, to incorporate language for the
implementation of the ARPA initiatives in accordance with the governing regulations. As the
ARPA rules and regulations evolve at the federal level, it is noted that updates to these policies
and procedures may be required, from time to time, by the Neighborhood Services Director, for
compliancy and effective operations.
$180,000 Administration
It is noted that the aforementioned allocations may be revised as the program develops and
priority needs shift based upon community response. A budget amendment to incorporate the
community development initiatives in the Neighborhood Services ARPA programs is provided.
Alternatives:
1. Approve the community assistance program as proposed by staff.
2. Approve the community assistance initiative portion of the ARPA program with changes.
3. Do not approve the community assistance initiative portion of the ARPA program, and
provide alternative direction.
Item Budgeted:
Yes
The following Special Revenue Fund project numbers have been designated and identified by
staff, for the ARPA eligible activities that may be funded, as a result of this action:
N202XX- Household Assistance: Rent, Mortgage, and Utility aid*
S310XX- Housing Support: Affordable Housing
A701XX- Administrative Expenses
*For budgeting purposes, this project will be used to initially fund the Housing Assistance
Program portion of the ARPA grant. However, adjustments will be made to sub-categorize the
services into the appropriate project based upon the response to the RFP process. Possible
projects may include, but are not limited to, the following:
P110XX- Mental Health Services
P111XX- Substance Abuse Services
N201XX- Food Programs
N203XX- Cash Transfers
N207XX- Job Training Assistance
N210XX- Aid to Non-Profit Organizations
S301XX- Early Learning programs
S304XX- Social, Emotional, and Mental Health
S306XX- Child Care
SAXE- Home Visiting for families with children
SOX- Other Housing Assistance
S311XX- Services for unhoused persons
S316XX- Social Determinants: Community Violence Intervention
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 3 – Financial StabilityNo. 5 –
Effective Governance
ATTACHMENTS:
Description Upload Date Type
Supplemental Directives - ARPA Specific 7/7/2021 Backup Material
Supplemential Directives- ARPA 6/30/2021 Backup Material
Application Policy and Procedures- ARPA 6/30/2021 Backup Material
Budget Amendment 7/2/2021 Backup Material
QCT Map 2021 7/7/2021 Backup Material
SUPPLEMENTAL DIRECTIVES
ARPA APPLICABLE
IMPLEMENTATION
Rent Assistance
• Completed application
• Proof of residency
• Current lease agreement
• Documentation reflecting an economic impact due to COVID-19
• Unemployment benefit statement, where applicable
• Delinquency notice from landlord
• Current Florida ID or DL
• SS cards for all household members 18 and older; birth certificates for those minor’s w/o SS card
Utility Assistance
• Completed application
• Proof of residency
• Copy of utility bills
Mortgage Assistance
• Completed application
• Proof of residency
• Current mortgage statement
• Documentation reflecting an economic impact due to COVID-19
Processing
• Verify residency
• Verify presumed eligibility (QCT), where applicable
• Verify COVID-19 related economic hardship
• Determine funding availability
• Approve or Deny
• Issue award or denial letter
Priority assistance will be provided to residents residing in a QCT, those unemployed due to COVID-19,
and low-income households impacted by the pandemic.
CITY OF TITUSVILLE
HOUSING ASSISTANCE PROGRAMS
POLICY AND PROCEDURE GUIDELINES
A. OBJECTIVE
To establish a procedure and policy for assisting residents of Titusville impacted by the coronavirus
(COVID-19), and to provide written guidelines to ensure that expenditures of funds comply with
applicable regulations, requirements, and maintains public trust.
B. PURPOSE
The purpose of these supplemental directives is to provide funding assistance to program-eligible
participants for mortgage assistance, rent assistance, and/or utility assistance under the CARES Act
Emergency Assistance Program (CDBG-CV), the State Florida Housing Finance Corporation’s
Coronavirus Relief Fund (CRF), and/or the U.S. Treasury American Rescue Plan Act (ARPA) Coronavirus
State and Local Fiscal Recovery Funds (CLFRF). The goal of the COVID-19 EMERGENCY ASSISTANCE
PROGRAM, funded through these grants, is to assist COVID-19 impacted households who have
experienced a lost or reduced income, experience a negative economic impact, or virus-related health
emergency.
The assistance will be provided in the form of a grant to program-eligible applicants on a first-
qualified, first-served basis, contingent on the availability of funds, and in accordance with the
governing federal and/or State regulations in affect, and as may be in effect and amended. Priority
assistance may be given to those presumed to have a COVID-19 economic impact, low-income,
unemployed, or experiencing homelessness.
C. PROGRAM ADMINISTRATION
The City of Titusville Neighborhood Services Department shall be responsible for the administration
and monitoring of the COVID-19 EMERGENCY ASSISTANCE PROGRAM.
D. ASSISTANCE CRITERIA
The principal factors to be considered in aiding are:
1. Applicant is a resident of Titusville
2. Applicant meets the income-eligibility requirement, as applicable under the funding source of
the current Area Median Income Limits (per US Department of Housing and Urban
Development) for the Palm Bay-Titusville-Melbourne statistical area, or resides within a
qualified area disproportionately impacted by the pandemic where applicable (see Exhibit B).
3. Applicant can demonstrate assistance is required as a result of impacts from the COVID-19
public health emergency (pandemic).
4. Applicant can demonstrate a loss or reduction of household income, or disproportionate
economic harm due to the pandemic.
5. Applicant can demonstrate benefits under this program are not duplicative of funds received
from other sources.
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Established May 22, 2020
Amended July 2021
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City Council Regular - July 13, 2021 - 6:30 PM
E. ELIGIBILITY
1. Applicant must submit a signed and dated application provided by the Department either on
the application portal, by mail, or in person (Exhibit A).
2. Income eligibility and residency must be verified based upon the regulations of the applicable
funding source(s).
3. Applicants seeking assistance must first attempt to receive relief from their lender, landlord
or utility provider(s) before applying to the City’s program, where applicable.
4. Applicants must demonstrate their ability to pay the difference between the maximum
assistance available and any delinquent balance due, unless the party owed has agreed to
expect payment through the program as settlement for full balance due.
5. Applicant’s household must demonstrate an income source or the ability to obtain an income
source within ninety (90) days of the emergency COVID-19 hardship, for continued housing
stability after program interim assistance. Exceptions are provided where applicant is/has
been infected by the COVID-19 virus and is under medical treatment or hospitalization.
6. If a household is disqualified, the household may reapply if their income or housing situation
changes in subsequent months, pending availability of funds.
7. Applicants determined to be ineligible due to falsification of application and/or supporting
documentation will be disqualified and barred from future assistance.
F. FUNDING ALLOCATION
At no time will an applicant receive assistance above the true cost of the requested service and
need.
The amount of funding allocated is contingent upon the approval of the City’s activities and
programs by the regulatory agency and execution of any Agreements as applicable for such
funding.
Assistance provided to households shall not exceed the maximum regulatory limits as set forth in
the applicable funding source program. The following limits are provided:
1) CARES Act CDBG-CV grant, up to six (6) months of delinquent statements; or
2) Coronavirus Relief Fund (CRF), up to ten (10) months; or
3) American Rescue Plan Act Local Fiscal Recovery Fund (ARPA), up to twelve (12) months.
Payments made under the Program shall be made directly to the landlord, lender, or utility
provider on a monthly eligibility basis. However, where it would be most judicious to do so, the
Program may provide lump sum Emergency Hardship Payments (EHP), up to $1200.00 per
household member, as an immediate and effective way of providing efficient assistance to those
households experiencing a greater disproportionate negative economic impact from the
2 of 4
Established May 22, 2020
Amended July 2021
Page 637 of 732
City Council Regular - July 13, 2021 - 6:30 PM
pandemic. These payments, when provided, would be credited with the provider for the
household’s current and future liability/obligation, such as rent, utility, mortgage, or other
household sustainability or medical need, and would satisfy and meet the maximum household
award under the program guidelines.
H. IMPLEMENTATION
Rent Assistance
Applicants must first seek relief from the landlord for any amounts due. Applicants will be
required to provide all requested and necessary documentation to determine eligibility prior to
any funding provided. These may include, but are not limited to:
1. Completed application.
2. Proof of residency.
3. Income and asset verification documentation, where required.
4. Current rental lease agreement with the property owner. Leases for less than a whole
unit (an individual room) cannot be with a related family member.
5. Documentation reflecting an economic impact due to the public health emergency
(COVID-19), where required.
6. Unemployment benefit statement, where applicable.
7. Delinquency or Eviction Notice from Landlord.
8. Documentation if any relief was granted by the landlord, lender, or utility provider.
9. Current Florida identification card or driver’s license reflecting current address.
10. Social Security Cards for all household members, birth certificates for those minor’s w/o
SS card
11. Other documents determined to be necessary by the Department.
Mortgage Assistance
Applicants must first seek relief from their lender for any amounts past due. Applicants will be
required to provide all requested and necessary documentation to determine eligibility prior to
any funding provided. These may include, but are not limited to:
1. Completed application
2. Income and asset verification documentation, where required.
3. Current mortgage statement and deed.
4. Documentation reflecting an economic impact due to the public health emergency
(COVID-19), where required.
5. Delinquency notice from Lender
3 of 4
Established May 22, 2020
Amended July 2021
Page 638 of 732
City Council Regular - July 13, 2021 - 6:30 PM
Utility Assistance
Applicants must first seek relief from the utility provider for amounts due. Applicants will be
required to provide the following prior to any determination or funding:
1. Completed application.
2. Income and asset verification documents, where required.
3. Other documents determined necessary by the Department.
4. Statement(s) from utility provider reflecting delinquency and current due.
5. Documentation reflecting assistance is necessary due to the declared emergency.
6. Documentation if any relief was granted by the provider.
Note- City utilities are not eligible under the CDBG-CV grant program.
Processing
Upon receipt of a completed application (including all attachments and supporting
documentation) Department staff will:
1. Verify all documents and completeness of application.
2. Determine income eligibility, where required.
3. Determine presumed economic impact, where applicable.
4. Determine funding availability.
5. Upon completing eligibility, the Department will issue a letter to the applicant detailing
either approval or denial. Approval letter will identify the amount of assistance, commit
the funds, and convey any additional information.
If denied, the letter will identify the reason(s) for denial, methods for remediation (if
applicable), and/or a timeframe for remediation.
a. Remediation is not available for denials based upon an income-eligibility
determination.
b. Denial for all other reasons can be appealed to the Neighborhood Services
Director.
c. Final determination of appeal will be at the purview of the Community
Development Director.
Payment
All payments shall be made in accordance with applicable Federal, State, and City rules and
regulations.
Payments will only be made to the applicable service provider or agency (for example, landlord,
lender, or utility company, etc.).
Closeout
Each application will be closed after each funded event has concluded.
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Established May 22, 2020
Amended July 2021
Page 639 of 732
City Council Regular - July 13, 2021 - 6:30 PM
NEIGHBORHOOD SERVICES
COVID19 EMERGENCY ASSISTANCE PROGRAM
APPLICATION PROCESSING PROCEDURES
Under the CARES Act, the City has allocated a total of $1,877,465.00 ($443,333 in supplemental CDBG-CV
funds, $234,132 in CRF funds, and $1,200,000 of round one ARPA funds) to increase affordable housing
for the homeless, and aid those households that have been negatively impacted by the virus and have an
income loss or reduction, or experienced an economic harm.
Under the ARPA grant, the City may seek subrecipients or developers to provide eligible services or
provide affordable housing units.
1 of 5
Program Administration
The City of Titusville Neighborhood Services Department shall be responsible for the administration and
internal monitoring of the COVID-19 Emergency Assistance Program(s), and the issuance of any Request
for Proposal or applications for eligible services or affordable housing, and the review and monitoring
thereof.
Under each respective grant program, there are associated caps for administrative costs attributable to
providing financial assistance, housing stability services, and other affordable rental housing and eviction
prevention activities, including data collection and reporting requirements related to such funds. For
CDBG-CV twenty percent (20%), for CRF funds ten percent (10%), and for ARPA funds fifteen percent
(15%).
HOUSEHOLD SERVICES
Criteria
Eligible Property
2 of 5
Eligible Household
1) Household of one (1) or more individuals who are obligated to pay rent or mortgage on a
residential dwelling unit and when it has been determined:
a. That 1 or more of the individuals within the household has:
i. Qualified for unemployment benefits; or
ii. Resides in a qualifying census tract; or
iii. Experienced a reduction in household income, experienced other financial
hardships or economic harm due, directly or indirectly, to the novel coronavirus
disease (COVID-19) outbreak, which the applicant shall attest in writing and
provide supporting documentation as required.
b. That 1 or more individuals within the household can demonstrate a risk of experiencing
homelessness or housing instability, which may include:
i. A past due utility notice; or
ii. Eviction or Past Due notices
c. The household meets the income-eligibility requirements for the governing regulations
where required.
2) To the extent feasible, the Department shall ensure that any assistance provide to an eligible
household pursuant to the funds made available under the program is not duplicative of any other
funded assistance provided to the household.
3) Any payments received by the tenant, owner, landlord, or service provider shall be used to satisfy
the rent, mortgage, or utility obligation to the provider and/or property owner. Failure to utilize
such payments as intended, will result in an obligation to repay such grant to the City and end-
user’s information turned over to the governing agency. Misuse of funds shall result in the
applicant being barred from future assistance.
Ineligible Household
1) A household that has received the maximum assistance permitted under the governing
regulation, from all sources.
2) A household who has been assisted by other governmental agency or service provider for the
same requested assistance.
3) A household that is unable to demonstrate its ability to contribute to its housing stability beyond
the interim emergency assistance period.
4) A household that resides in a unit outside of the city-limits of Titusville.
INQUIRIES
1. Inquiries are to be directed through the Neighborhood Services Administrative Assistant, who will
first determine if the applicant resides within the city limits by verifying the address on the
Property Appraisers website. If a city resident, the Administrative Assistant will provide an
application and all attachments to the requestor, in person or by email, or direct applicant to the
available on-line application portal; and track applications issued by maintaining a list. This is not
considered a “waiting list,” and there is no place in line for assistance; it is a first-qualified, first-
served basis program.
3 of 5
a. If Administrative Assistant is unavailable, then all staff is to follow the same procedure as
stated above; followed by providing the name, address, and date of inquire and issuance
of application to the Administrative Assistant.
b. If communication is by email, a copy of the email will be saved for future reference and
in accordance with the Records Retention Policy.
APPLICATION
1. Applications will be received by the Administrative Assistant and date stamped. Upon receipt,
the Administrative Assistant will make a folder for each applicant and forward the folder to the
Neighborhood Services Planner for processing.
2. The Administrative Assistant and/or Planner will perform a completeness check of the application.
If incomplete, the applicant will be notified of the deficiencies and given five (5) working days to
respond. If no response, the application will be rejected. If complete, the Planner will review
application for an initial eligibility determination. If it appears the applicant would be eligible,
based upon the information contained in the application, the file will be forwarded to the Director
for a second review.
3. After initial reviews are complete, if the applicant is determined to be eligible within the
perimeters of the governing regulations, based upon preliminary information, the Planner will
begin the income intake process, where applicable, in accordance with existing rules and
procedures in place.
ELIGIBILITY
1. Applicants must go through an eligibility determination process, which will include:
a. Verifying information contained within the application.
b. Verifying income, assets, and income from assets for the purpose of income certification,
where required.
c. Verifying COVID-19 related hardship or economic harm, including presumed eligible
households.
d. Verifying delinquencies with landlord, utility provider(s), or lenders; and
e. Verifying any other information deemed necessary to qualify applicant for assistance
i. Upon completion of income certification, if eligible, an award letter will be issued
to the applicant and instructions on how to complete the payment process.
ii. Upon completion of income certification, the applicant is not eligible, they will be
issued a denial letter with explanation for denial and the file will be closed out.
PAYMENT
1. Once an applicant has been determined eligible and an award letter is issued, the Director and/or
Planner will initiate a payment authorization to the proper agency(s), (utility company and/or
landlord), and client file will be noted as assisted and closed out.
2. Where elected under the ARPA program, and judicious to do so, lump sum Emergency Hardship
Payments (EHP) may be provided, in lieu of monthly payments, and credited to a household
liability/obligation, such as rent, utility, mortgage, or other household sustainability or medical
need, in an amount determined to be proportionate to the negative economic impact (up to
$1200.00 per household member). This payment would satisfy and meet the maximum award
permitted under the program.
In particular, when considering appropriate size of permissible payment made in response to the
COVID-19 public health emergency, the City shall consider and take guidance from the per person
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amount previously provided by the federal government in response to the COVID crisis (i.e. IRS
stimulus payments).
Payments will be processed in accordance with all applicable City rules and regulations.
Criteria
Households
Where judicious and most effective to do so, the City may issue a Request for Proposals (RFP) or partner
with existing non-profit subrecipients, to assist in disseminating ARPA funds into the community to
provide one or more ARPA eligible services, such as food, rent, mortgage, and/or utilities. The
Neighborhood Services Department will develop, issue, review, and recommend funding utilizing a proven
method similar to its CDBG RFP process and tailored to the ARPA grant program resulting in an efficient
method to disbursed the funds to the most impacted citizens.
The City may issue Request for Proposals (RFP) seeking experienced housing developers in an effort to
increase the net availability of affordable housing units for the homeless. This process will provide an
opportunity to fund acquisition-rehabilitation or new construction projects in need of gap financing to
bring additional units on line. These units will require an affordability period of no less than ten (10) years,
and hold a forgivable Deferred Payment Loan with the City. Developments currently under construction
do not qualify.
Additionally, the City may accept applications/requests from affordable housing developers seeking loans
through the annual Florida Housing Finance Corporation Low-Income Housing Tax Credit program, where
local governmental match or contribution is needed as a criterion to submit such application. These
applications/requests will only be considered when the proposed project provides an equitable share of
units set aside for the homeless and extremely low-income households. The location of the project must
be economically conducive to the area it will serve and currently meet all applicable land use, zoning, and
ordinances with regard to property use, and will afford the City in meeting the encumbrance and
expenditure deadlines provided for in the ARPA grant program. These units will require an affordability
period of not less than twenty (20) years and hold a repayable loan with the City. Developments currently
under construction do not qualify.
5 of 5
Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount
FY2021
Budget
131-0000-331.50-11 FEDERAL GRANT/ARPA $ 1,200,000 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
FY2021
Budget
131-5555-583.83-00-A70101 A70101 HOUSING & URB DEV/OTHER GRANT AND AIDS $ 180,000 Amendment
Budget
131-5555-583.83-00-N20201 N20201 HOUSING & URB DEV/OTHER GRANT AND AIDS $ 510,000 Amendment
Budget
131-5555-583.83-00-S31001 AS31001 HOUSING & URB DEV/OTHER GRANT AND AIDS $ 460,000 Amendment
Budget
131-5555-583.83-00-N21001 N21001 HOUSING & URB DEV/OTHER GRANT AND AIDS $ 50,000 Amendment
Category: 12.
Item: E.
City of Titusville
Recommended Action:
Approve the Sketch Plat for Verona, Village D, a proposed 77-lot single-family home
subdivision on approximately 121.3 acres located west of Willow Creek Boulevard and north of
Verona, Phase 1 subdivision.
The Planning and Zoning Commission reviewed the sketch plat at their regular
meeting on July 7, 2021 and recommended approval as recommended by staff.
Motion carried 6-1.
The sketch plat is consistent with the code and comprehensive plan. The procedures for a
Sketch Plat are enclosed for the Council's information.
Concurrency Statement:
A preliminary concurrency review indicated that the residential use will not exceed the level
of service standards of the comprehensive plan for concurrency related facilities;
specifically, water and sewer, transportation and parks and open space. The project will be
reviewed for formal concurrency with the submittal of a site plan, including stormwater
management.
The submittal requirements for sketch plats are listed in Section 11 of the Development
Review Procedures Manual.
11.1.1. Application and fees.
Staff comment: Received.
11.1.2. Name of the proposed development and development team.
Staff comment: See information provided on sheet C 1.1.
Alternatives:
1. Approve the sketch plat as submitted.
2. Approve subject to changes/modified conditions.
3. Do not approve the sketch plat, stating reasons for denial.
Item Budgeted:
NA
Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic Development
ATTACHMENTS:
Description Upload Date Type
Sketch Plat 7/8/2021 Backup Material
Survey 7/8/2021 Backup Material
Willow Creek Master Plan 7/8/2021 Backup Material
Sketch Plat Procedures Code 12/21/2020 Backup Material
.
VD
BL
EK
C RE
W
LO
IL
W
VERONA
DEVELOPMENT SCHEDULE
SECTION START CONST. START SALES
VILLAGE D MAY 2021 SEPT. 2021
VILLAGE B JUNE 2022 JUAN. 2023
City Council Regular - July 13, 2021 - 6:30 PM VILLAGE C MARCH 2022 NOV. 2022
VILLAGE A DEC 2024 JUNE 2025
VILLAGE D
LAND COVER
AREA PERCENT
ac
IMPERVIOUS COVER 15.32 12.6%
WET PONDS 7.78 6.4%
PERVIOUS LAND COVER 30.54 25.1%
CONSERVATION ESMT 67.82 55.9%
AR
JVS
QTY
19
7
BOTANICAL NAME
45 GAL.
30 GAL.
CALIPER
2
SIZE
MV 2 MAGNOLIA VIRGINIANA SWEET BAY 30 GAL. 3" CAL. 10`-12` HT., 3`-4` SPRD. MIN. FIELD GROWN, MULTI-TRUNK, MIN 3 CANES,
FULL TO GROUND
QV1 7 QUERCUS VIRGINIANA SOUTHERN LIVE OAK 30 GAL. 3.5" CAL. 14`-16` HT., 6`-7` SPRD. MIN. FIELD GROWN, SINGLE STRAIGHT LEADER, 6`
CLEAR TRUNK
QVC 12 QUERCUS VIRGINIANA `CATHEDRAL` CATHEDRAL LIVE OAK 30 GAL. 3" CAL. 12`-14` HT., 6`-8` SPRD. MIN FIELD GROWN, SINGLE STRAIGHT LEADER, 5`
CLEAR TRUNK
PATHWAY WILL PROVIDE RESIDENTS WITH A SHADED WALKING AND EXERCISE PATH WHICH WILL ALSO INCLUDE
TA 8 TAXODIUM ASCENDENS POND CYPRESS 30 GAL. 2" CAL. MIN. 10`-12` HT., 3`-4` SPRD. MIN. SINGLE STRAIGHT LEADER, 5`-6` FULL TO
GROUND
ORNAMENTAL TREES CODE QTY BOTANICAL NAME COMMON NAME CONT. CALIPER SIZE REMARKS
ED 21 ELAEOCARPUS DECIPIENS TM JAPANESE BLUEBERRY TREE 30 GAL. 2" CAL. MIN. 6`-8` HT. X 3`-4` SPRD. FULL TO GROUND, SINGLE STRAIGHT
LEADER
PALM TREES
LIM
CODE
PS
11
QTY
11
LAGERSTROEMIA INDICA `MUSKOGEE`
ENVIRONMENTAL EDUCATIONAL EXHIBITS. INTEGRATED INTO EACH OF THE REST AREAS ALONG THE 10' PATHWAY
MGL 10 MAGNOLIA GRANDIFLORA `LITTLE GEM`
BOTANICAL NAME
PHOENIX SYLVESTRIS
CRAPE MYRTLE MULTI-TRUNK
COMMON NAME
30 GAL.
CONT.
FG
MULTI-TRUNK
2.5" CAL.
CALIPER
--
10`-12` HT. X 4`-5` SPRD.
7`-8` HT.
SIZE
16` CT.
MULTI-TRUNK, MIN 3 CANES, 30 GAL. FULL
REMARKS
WILL BE THREE REST AREAS WITH A BENCH OVERLOOKING THE ADJACENT LAKE AND ONE OF THE THREE
ICS 11 ILEX CRENATA `SKY PENCIL` SKY PENCIL JAPANESE HOLLY 15 GAL 3`-5` HT, X 18"-24" SPRD. FULL TO GROUND
POD 13 PODOCARPUS MACROPHYLLUS YEW PINE 30 GAL 5`-6` HT., 30" SPRD. FULL TO GROUND
SHRUB AREAS CODE QTY BOTANICAL NAME COMMON NAME CONT. SIZE SPACING REMARKS
X
AQ 233 AGAPANTHUS AFRICANUS `QUEEN ANNE` QUEEN ANNE LILY OF THE NILE 1 GAL. 16"-18" HT., 3-5 PPP 18" o.c.
ENVIRONMENTAL EDUCATIONAL EXHIBITS. THE EASTERNMOST REST AREA WILL OVER LOOK THE LAKE AND THE
CAL
DIA
DI
166
42
486
CALLISTEMON VIMINALIS `LITTLE JOHN`
DIETES IRIDIOIDES
LITTLE JOHN WEEPING BOTTLEBRUSH
1 GAL.
1 GAL.
12-14" X 12-14", FULL
24" o.c.
18" o.c.
FULL
IS 486 ILEX VOMITORIA `STOKES DWARF` DWARF YAUPON 3 GAL. 12"-16" OA 24" o.c.
LIR 597 LIRIOPE GIGANTEA GIANT LIRIOPE `EMERALD GODDESS` 1 GAL. 12"-14" HT. - 8"-10" SPRD. 18" o.c.
REST AREA WILL ADDRESS WILDLIFE EDUCATION AND THE WESTERNMOST REST AREA WILL ADDRESS EDUCATION
RS
TFF
ZP
10
125
432
RADERMACHERA X `KUNMING`
TRIPSACUM FLORIDANUM
ZAMIA PUMILA
DWARF TREE JASMINE
DWARF FAKAHATCHEE
COONTIE
3 GAL.
3 GAL.
3 GAL.
10-14" HT., 10-14" SPRD., FULL IN POT
18"-24" OA
30" o.c.
30" o.c.
24" o.c.
GROUND COVERS
PA
SB2
CODE
TM
45
1,507
QTY
23
PENNISETUM SETACEUM `ALBA`
SPARTINA BAKERI
BOTANICAL NAME
COMMON NAME
MINIMA JASMINE
3 GAL
3 GAL.
CONT.
1 GAL.
24" O,A,, FULL
SIZE
4"-6" X 12"-18"
30" o.c.
36" o.c.
SPACING
18" o.c.
REMARKS
1615 EDGEWATER DRIVE, SUITE 200
LITTORAL PLANTS
TM2
CODE
788
QTY
TRACHELOSPERMUM ASIATICUM `TRICOLOR`
BOTANICAL NAME
TRICOLOR JASMINE
COMMON NAME
1 GAL.
CONT.
4"-6" X 12"-18"
SIZE
18" o.c.
SPACING REMARKS
SOD/SEED CODE
SG
QTY
53,187 SF
BOTANICAL NAME
FLAT
SIZE SPACING REMARKS
T 407.975.1273
LAKES ARE THREE FLOATING FOUNTAINS.
ST NOTE: F 407.975.1278
PATHWAYS WILL PROVIDE ACCESS TO THE www.smeinc.com
ENVIRONMENTALLY PROTECTED AREAS FOR LEISURELY
WALKS, EXERCISING, AND ENVIRONMENTAL BENEFIT.
WETLAND Carrie E. Read PLA LA6667316
CONSERVATION
TRACT "D" Florida Firm Registration No. 6712
VILLAGE D
BOUNDARY 67.82 AC Landscape Firm Registration
No. LC26000574
Orlando, FL 32819
Suite 100
WETLAND
CONSERVATION
TRACT "D"
VILLAGE B 67.82 AC
PARKWAY OPEN
VILLAGE D
SPACE PLAN
TITUSVILLE, FLORIDA
VILLAGE D
BOUNDARY
10' EXERCISE, WALKING &
ENVIRONMENTAL EDUCATION PATH
FLOATING FOUNTAIN
-0' - 6"
FLOATING FOUNTAIN
VI
LL
T
AG
S
FUTURE VILLAGE C
E
D
BO
UN
PP2
47
DA
RY
IT
ST
R M
E R ION
P FO T
5' SIDEWALK R T C
O
F NO R U
T
DRAWING PATH: T:\P&D\Projects\2020\5271-20-026_KB Verona Village D Open space\CAD\Construction\527120026_L1.0_LAN.dwg
PHASE I S
5' NATURE TRAIL N
C O
APV
CR
CHK
CR
CFS
BY
10
'
DESCRIPTION
TR W
AI
L
PERMIT SET
W
3' CLEAR OF TRAIL
12
'
BENCH, TYP.
W
04/20/21
DATE
6'
5'
3'
#########
NO.
PROJECT NUMBER
INTERPRETIVE PANEL SHADE TREE, TYP. 527120026
CONCRETE PAD DRAWING NUMBER
MATCH LINE A
B Y 5-14
N DS 9226
LA IT
ET RM
W PE
SJ
VILLAGE D
BOUNDARY
VILLAGE D
BOUNDARY
MATCH LINE B
MATCH LINE B
Page 653 of 732
C:\Users\Workstation\Dropbox\1-HAI-PROJECTS\VERONA\VERONA-D-M1.dwg, 4/23/2021 8:05:06 PM, PDF Creator Plus 6.0.pc3
WETLAND
CONSERVATION
VILLAGE D
TRACT "D"
BOUNDARY 67.82 AC
VILLAGE D
BOUNDARY
WETLAND
CONSERVATION
TRACT "D"
67.82 AC
VILLAGE D
BOUNDARY
4
BY 5-1
N DS 9226
LA IT
ET M
W PER
SJ
23-35-09-00-1
ZONING: OR
WETLAND ZONING: OR
CONSERVATION
VILLAGE D
TRACT WC-3
BOUNDARY 67.82 AC
VILLAGE D
BOUNDARY
23-35-10-BB-*-179 ZONING: OR
ZONING: PUDZ 23-35-09-00-1 VILLAGE D
BOUNDARY
FLU: CONSERVATION
23-35-09-00-1 REC-2
MATCH LINE B
MATCH LINE B WETLAND
CONSERVATION
TRACT WC-3
67.82 AC.
WAY
PATH
RW 1 0'
8 1.50'
RW
CT
E TRA
SLOP
1 5'
PROP. FOUNTAIN
PO
OL
AMENITY SITE
REC-1
WETLAND
CONSERVATION PROP. FOUNTAIN
TRACT WC-1
16.427 AC
23-35-10-BB-*-179
City Council Regular - July 13, 2021 - 6:30 PM
WETLANDS
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
UPLANDS
OR
PROP. FOUNTAIN
VI
LL
OR
AG
E
D
BO
S
ND
WETLANDS TLA
UN
WETLAND WE
DA
CONSERVATION
RY
TRACT WC-2
0.77 AC
OR
23-35-09-00-1 23-35-10-BB-*-179
FL
WETLANDS
OR
U:
Y -14
S B 265
FUTURE DEVELOPMENT
ND 92
WETLAND LA IT
ET RM
CO
CONSERVATION W PE
SJ
WETLANDS TRACT WC-1
16.427 AC
NS
E
RV
FLU: PLANNED UNIT DEVELOPMENT
AT
OR OR
IO
WETLAND
N
CONSERVATION
TRACT WC-1
16.427 AC
VILLAGE D
BOUNDARY
WETLAND
CONSERVATION
TRACT WC-3
67.82 AC
VILLAGE D
BOUNDARY
MATCH LINE B
REC-2 MATCH LINE B WETLAND
CONSERVATION
TRACT WC-3
67.82 AC.
HWAY
RW 10' PAT
81.50'
RW
CT
PE TRA
15' SLO
PROP. FOUNTAIN
AMENITY SITE
REC-1
WETLAND
CONSERVATION PROP. FOUNTAIN
TRACT WC-1
16.427 AC
WETLANDS
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
UPLANDS
PROP. FOUNTAIN
VI
LL
AG
E
D
BO
S
ND
WETLANDS TLA
UN
WETLAND WE
D
AR
CONSERVATION
Y
TRACT WC-2
0.77 AC
WETLANDS
WETLAND
CONSERVATION Y -14
S B 265
TRACT WC-1 A ND 92
WETLANDS ET M
L IT
16.427 AC W PER
S J
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
PROP. FOUNTAIN
PO
OL
DN
DN
DN
DN
AMENITY SITE
REC-1
VILLAGE "D"
ST
RE
WETLAND
ET
CONSERVATION PROP. FOUNTAIN
"B
TRACT WC-1
"
16.427 AC
"
"A
ET
WETLANDS
TRE
S
VILLAGE "D"
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
ST
RE
UPLANDS
ET
PROP. FOUNTAIN
"B
"
City Council Regular - July 13, 2021 - 6:30 PM
VI
LL
AG
E
D
BO
DS
WETLANDS L AN
UN
T
WETLAND WE
TYPICAL BUILDING
DA
CONSERVATION
RY
WETLANDS
EET
"A"
VILLAGE "D"
WETLAND N
B Y 5-14
DS 9226
LA IT
ET RM
TYPICAL BUILDING CONSERVATION W PE
SJ
AND POOL SETBACKS WETLANDS TRACT WC-1
16.427 AC
VILLAGE "D"
VILLAGE D
BOUNDARY
VILLAGE "D"
WETLAND PRESERVATION
CONSERVATION TRACTS
85.026 AC.
VILLAGE D
BOUNDARY
MATCH LINE B
REC-2 MATCH LINE B
VILLAGE D
BOUNDARY
WETLAND
CONSERVATION
TRACT WC-3
67.82 AC
VILLAGE D
BOUNDARY
MATCH LINE B
REC-2 MATCH LINE B WETLAND
CONSERVATION
TRACT WC-3
67.82 AC.
HWAY
0' RW 1 0' PAT
81.5
RW
CT
PE TRA
1 5' SLO
PROP. FOUNTAIN
WETLAND
CONSERVATION PROP. FOUNTAIN
TRACT WC-1
16.427 AC
WETLANDS
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
UPLANDS
PROP. FOUNTAIN
VI
LL
AG
E
D
S
BO
ND
WETLANDS TLA
UN
WETLAND WE
DA
CONSERVATION
RY
TRACT WC-2
0.77 AC
WETLANDS
4
BY 5-1
N DS 9226
WETLAND LA IT
ET M
CONSERVATION W PE R
SJ
WETLANDS TRACT WC-1
16.427 AC
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
VILLAGE D
BOUNDARY
WETLAND
CONSERVATION
TRACT WC-3
67.82 AC
VILLAGE D
BOUNDARY
MATCH LINE B
REC-2 MATCH LINE B WETLAND
CONSERVATION
TRACT WC-3
67.82 AC.
HWAY
0' RW 1 0' PAT
81.5
RW
CT
PE TRA
1 5' SLO
PROP. FOUNTAIN
AMENITY SITE
REC-1
WETLAND
CONSERVATION PROP. FOUNTAIN
WETLAND PRESERVATION TRACT WC-1
CONSERVATION TRACTS 16.427 AC
85.026
WETLANDS
UPLANDS
PROP. FOUNTAIN
BUFFER
D
S
BO
ND
sf ac WETLANDS TLA
UN
WETLAND WE
DA
TRACT WC-2
UP-2 10,900 0.250 0.77 AC
TOTAL 5.203
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
PROP. FOUNTAIN
PO
OL
DN
DN
DN
AMENITY SITE
UP-2
DN
REC-1
UP-1
UP
-1
5
WETLAND
CONSERVATION PROP. FOUNTAIN
TRACT WC-1
16.427 AC
UP-3
UP-4
WETLANDS
UP-15
WETLAND
CONSERVATION
TRACT WC-1 UP-5
16.427 AC
UPLANDS
PROP. FOUNTAIN
UP-7 UP-6
VI
LL
AG
DS
WETLANDS L AN
UN
T
WETLAND WE
DA
TRACT WC-2
UP-10 0.77 AC
COMMON
OPEN SPACE
VILLAGE D
BOUNDARY
WETLAND
CONSERVATION
TRACT WC-3
67.82 AC
COMMON
OPEN SPACE
VILLAGE D
BOUNDARY
MATCH LINE B
REC-2 MATCH LINE B WETLAND
CONSERVATION
TRACT WC-3
67.82 AC.
HWAY
0' RW 1 0' PAT
81.5
RW
CT
PE TRA
1 5' SLO
COMMON
OPEN SPACE
WETLAND
COMMON OPEN SPACE CONSERVATION PROP. FOUNTAIN 67.82 AC.
98.86 AC TRACT WC-1
16.427 AC
PERCENT COMMON OPEN SPACE PROVIDED
98.86 AC / 121.46 AC = 81.4% COMMON
OPEN SPACE
PERCENT COMMON OPEN SPACE REQUIRED: 35% = 42.45 AC. WETLANDS
OPEN SPACE
OPEN SPACE S
BO
ND
WETLANDS TLA
POND 3 STORMWATER MANAGEMENT 4.57
UN
WETLAND WE
DA
CONSERVATION
RY
WETLAND
CONSERVATION Y -14
S B 265
TRACT WC-1 A ND 92
WETLANDS ET M
L IT
16.427 AC W PE R
S J
COMMON
OPEN SPACE
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
PROP. FOUNTAIN
E XT
ER
P AT IOR
6 77 IO
SF
DN
L IV
RO ING
1 312 OM
SF
JC
64
SF
SS
AGE
MEN
NE
SF
S TOR
2 86
F IT
SF
27
OFF WO
1 44 ICE ME
2 86 N
HAL SF SF
1 50 L
SF
IT
35
SF
F ITN
8 E SS
88
SF
CO
NF
ERE
RO
OM NCE
1 52
SF
HAL
1 43 L
SF
DN MEC
1 37 H
SF
DN
DN
MATCH LINE A
SPECIMEN TREES REMOVED
DBH REMOVED TOTAL OAK REMOVED TOTAL PINE
OAK REMOVED PINE REMOVED
(inches) (inches) (inches)
20 57 1140 34 680
21
22 11 242 11 242
23
24 13 312 4 96
25
26 6 156 6 156
27
28 4 112 1 28
29
30 3 90
31
32 1 32
33
34 1 34
35
36 1 36
37
38 1 38 PROP. FOUNT
TOTAL 2,192 1,202
20 57 1140 34 680
21
22 11 242 11 242
23
24 13 312 4 96
25
26 6 156 6 156
27
28 4 112 1 28
29
30 3 90
31
32 1 32
33
34 1 34
35
36 1 36
37
38 1 38
WAY
AT H
' RW 10' P
81.50
RW
CT
TRA
OPE
1 5' SL
PROP. FOUNTAIN
PO
OL
E XT
ER
P AT IOR
6 77 IO
SF
DN
L IV
RO ING
1 OM
312
SF
JC
64
SF
SS
AGE
MEN
NE
SF
S TOR
2 86
F IT
SF
27
OFF WO
1 44 ICE ME
2 86 N
HAL SF SF
1 50 L
SF
IT
35
SF
F ITN
8 E SS
88
SF
CO
NF
ERE
RO
OM NCE
AMENITY SITE
1 52
SF
HAL
1 43 L
SF
DN MEC
1 37H
SF
DN
DN
REC-1
WETLAND
CONSERVATION PROP. FOUNTAIN
TRACT WC-1
16.427 AC
WETLANDS
MATCH LINE A
WETLAND
CONSERVATION
TRACT WC-1
16.427 AC
UPLANDS
PROP. FOUNTAIN
AG
E
D
BO
NDS
WETLANDS A
UN
TL
WETLAND WE
DA
CONSERVATION
RY
TRACT WC-2
0.77 AC
WETLANDS
WETLAND
CONSERVATION
TRACT WC-1 SEE PROFILE SHEETS C4.1 - C4.9
16.427 AC FOR DETAILED WATER, SEWER AND
STORMSEWER INFORMATION
PROPOSED
SS-1 18 60 N 20.00 19.90 S 0.17% RCP
DN
SS-2 24 40 N 19.90 17.00 S 7.25% RCP
SS-3 18 60 N 20.00 19.90 S 0.17% RCP
SS-4 24 40 N 19.90 17.00 S 7.25% RCP
SS-5 18 60 N 20.00 19.90 S 0.17% RCP
DN
DN
AMENITY SITE SS-6 24 40 N 19.90 17.00 S 7.25% RCP
DN
WETLANDS
DS
WETLANDS L AN
UN
T
WETLAND WE
DA
CONSERVATION
RY
TRACT WC-2
0.77 AC
D-DRAINAGE STRUCTURES
STRUCTURE USE FDOT TYPE SIZE RIM WETLANDS
INDEX ELEV
(ft) (ft)
III I II A BME N AT O
L- L" U-----'----'-------- ------- I
I r
1
v
BEONNI1.
PHASE 1. AT RECORDED
AS THE IN ST CCANDR O 1MCT 1 AS SIM CO DS PUT VA WLLOU W. FL CONNEPOAL CENTER-
RECQRDE% IN PLAT BOOR 51, PACE 20. PUBUC RECORDS O BgEYARO COUNTY, RONON THENCE PUN 5 31'
III I I
0 I I ____--- ---- D' 1A E ALONG FE Vr29MDsTERLYFE UNE O' SAID TRACT 13- 0 A W FOR A DISTANCE
OF O FEET; FENCE RUIN 5 R N 25' W
v III W
Y--- FOR A FORUISTAKEDI TA 857.29 FEET; MRN. RUN 5 61'] 3' O4' W FON A DISTANCE O' KOO.W FEET; THENCE RUN 5 U 3B'
N88WYI 832. 25 ,
III I-___-_____-
I
34' W FOR A DISTANCE O 549. OF FEET; THENCE RUN 5 69' 22' OS 7'FOR A DISTANCE TA 14389 Mn THENCE RUN N
Lli._ I(___--___ I A
w
02' SS' Je' E FOR A DISTANCE OF 222.I5 FEET: FENCE M N N 10' 2> 3' W' 30 A gSTANCE OF{ 56.{ 1 FRET: MENti
I I
E RUN N 34' N 0B' 21 FORC A FOR A ST NCE O FEET; FENCE RUN N 36' 41' OO' W FON A DISTANCE ST 25). 82 TRETE
FENCE RUN N 2T 28'{ W FOR A DISTANCE 6{ t FEET; RUN N OT N' W FOR A
m
111 v
9 I}-- -- CURVE. CO OF 312. 04 FEET TOA PONT OF INTERSECTION NFA E FOR
ST, HAWNGG A ous
21 III
III m
i
iP
DSTA
DISTANCE'.) TE 803 LO FEET, AND WHOSE CHORD BEANS N H SY 18' E i0P A
M. 4 FEET, FEET: FENCE PUN NORTHEASTERLY
CMCOA- WORN RIMER INTO---- 2J• --------- TO A PO ALONG ME ARC R SM CURVE, THROUGHC A CENTRAL MAST O
R A
R OS' 26' 28'R, ADIUS A OI7. 100 OF. AND FEET R1 A PONT AR fN 76' 1' 3W EUFO OF A CURVE OF SZM SOT, THEN
a
I
v I
v a[
HAM A gADUS OF) 9300 iEET, AND VNOSE CHORD GEMS N 7B' 12'] 6' E FOR A DISTANCE K 8254 FEET; THENCE
PUT BOIX 5. P 7
1'
4m
I I ffi<Nrffb,' RUN NORMEA51FRLY ALONG PIE MC OF SAID CINRML MROIGH A CENTRAL MLLE OF 03' 57' 04'. FOR A DIUMCE OF
E I I t I 82. 57 FEET TO A PONT OF INTERSECTION NM A NON- TM0041' UNE; THENCE RUN N 41' 20' 14- E FOR A DISTANCE OF
7153 FET: MMM RUN N 67' 26' 4T E FOR A DISTANCE OF 35. 41 FEET. THENLE RUN 5 3' 48' 48' E FOR A DISTANCE
11W1. 9>2L a a c
W W 13ZM FEET; THENCE RUN 5 OS' 58' 04' E FOR A DISTANCE O' 4.48 FEET; THENCE RUN N B3' 14' O4' E FON A
6W9' S0' PJ' E f
DISTANCE O' 48. 30 FEET TO A PONT OF CURVATURE OF A CURVE, CO CAME SOUTHWEST• HAVING A RAM15 OF 49500
N8709' 35Y FEET. ANO PMOSE CHOLA BEANS S fi5' IY 35' E FOR A pSTANCE O 509. 19 FEET: MENCE RUN SOUMEASIEFLY ALONG
ROln I m
ME MC O' SND CURVE THPONDI A CENTRAL MOLE OF 61' SS 42', FOR A® STANCE O' MIT FEET TO A PONT OF
Y I RE SE CURVAIURE OF A CURVE. ORKA4E NOITHEAST, HAMNG A RADIUS OF 50400 FEET. AND W1DSE MORD ELMS 5
SB340.360. 91 91'
I
m
Gy ---------------
I I
19' 36' 43' E FOR A OSFMCE OF Mas FEET: THENCE RUN SOUTH EASTERLY ALONG ME MC O SAID CURVE. MRO101
N4OS' 31Y N802511Y I OF FOR A
77• I A CENTRAL MLYE 29' 31' 58'.
1 22140 ' 7( r
I U. I I am
ORD PA E 26074 FEET TO ME KS7ERRECORDS UNE A A CONSERVATOR A. ALED T
b) 5' aY' 4TN W
T S III
I AS DIES POPI C CFRCIAL TION W 9A 8572. PACE 211 O' ME E RUM RECORDS O BPEVAF C CODRtt, FLORIDA. ALSO
BEING A PONT 6- SECTION
LOO CTON WMA NOR- T EA UNE MENQ RUN ME FOLOWNG( 18) CONflSES AND DISTANCES
n,
NMICNY i I I
275. 04'
rJA
VS74>,
I I FU. ONG ME WESIFRLY LPIES O SAD] LWgAVATON EA4] IENT.
rK.
Wa
i
N4IYOSEVT. v 1) NSB' S8'/ 9' E FORA MISTAKE OF 40215 FEET,
a 1i,{
u 4 --- -
12]] Y R b I I
2) N 10' O' 09' E FORA DISTANCE OF IQl 04 FEET'
w
r o` er" '
3) N N' 15' OB' W FOR A DSTANCE O 47107 FEET:
101. 8' 4 1 (' fF• ' „,
1 g a
I 9,
II
III
4) N 5T b' 2fl' N FOR A DISTM O 20454 FEET;
SS9y1• M' I 3 G
n1 , I I
I
ffiID' 5) N OUT 56' 19' M FOR A DISTAME Cf 21069 FEET:
i
8
ev
w•
W! m
a___
\
20tLN 6^ a S
I_ 6) N 4T 24' S5' W FOR A DISTANCE OF 429. 50 FEET:
n'
l __ I
IQ FEET.
NB)
I
FJW47E
Ss3YB'
1] 2.
IB' E
A- I m Im I
I
I
8) 5 98 39 IS' W FOR A DISTANCE O] 21091 FEET:
iT 5T _ ' 31-
n4 \ OUgMVEN DESIGNATION
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(a) The applicant is required to consult with staff prior to formal submittal of the sketch plat, as set forth
in Section 34-210 of these regulations. A complete submittal as set forth in Section 34-152 below,
shall be made to the Administrator. The Administrator shall determine completeness of any sketch
plat submittal. Once the application has been determined to be complete, the sketch plat will be
scheduled for review in accordance with the review schedule set forth is Section 34-214. The
Administrator shall review the sketch plat and provide comments and recommendations for
modifications to the proposed plat. The applicant shall revise the sketch plat as required and re-
submit the amended sketch plat to the Administrator.
(b) Resubmittals shall address all comments as provided by the Administrator. If the applicant elects
not to address all comments required by the Administrator, the applicant shall note the reasons for
electing not to respond to the comment. If subsequent reviews are required by the Administrator the
reviews shall follow the same time frames and procedures as the initial review. Upon completion of
the review process the Administrator shall prepare a report for the Planning and Zoning Commission
recommending approval of sketch plat, approval of the sketch plat with conditions, or denial of the
sketch plat. A recommendation for conditional approval shall state the conditions for approval, and a
recommendation for denial of the sketch plat shall state the code requirements or comprehensive
plan goals, objectives or policies with which the proposed sketch plat fails to comply. The
administrator shall then schedule the sketch plat for the next available Planning and Zoning
Commission meeting.
(c) After consideration of the Administrator's recommendations, the Planning and Zoning Commission
may recommend approval, approval with conditions, or denial of the sketch plat based upon the
review criteria contained in these [Land Development] Regulations. The Planning and Zoning
Commission shall forward its findings to the City Council, who upon receipt of said findings, shall
either approve, approve with conditions or deny the sketch plat. Approval of the sketch plat by the
City Council authorizes the applicant to proceed with the site plans and the preliminary plat. Approval
of the sketch plat with conditions authorizes the applicant to proceed with the site plans and the
preliminary plat once the Administrator certifies in writing, to the applicant, that all conditions have
been met.
(d) If a sketch plat is denied, no similar submittal on said property shall be made for one (1) year from
the date of denial.
Sec. 34-152. - Required submittals and exhibits.
Required submittals must be complete and done to accepted professional standards of design
including a reasonable scale (maximum allowed one (1) inch = one hundred (100) feet, north arrow, etc.).
An aerial photograph should be provided showing the project site and adjacent properties. The
application shall provide information as set forth in the Development Review Procedures Manual Section
11.1.
Secs. 34-153—34-160. - Reserved.
1 Table of Contents
2 1. INTENT ................................................................................................................................................ 2
3 2. GENERAL ........................................................................................................................................... 2
4 3. APPLICABILITY ................................................................................................................................. 2
5 4. COMPREHENSIVE PLAN AMENDMENT ..................................................................................... 3
6 5. REZONINGS AND TEXT AMENDMENTS..................................................................................... 4
7 6. MASTER PLANS ................................................................................................................................ 5
8 7. CONDITIONAL USE PERMITS ....................................................................................................... 8
9 8. LOT SPLIT........................................................................................................................................... 9
10 9. MINOR DIVISION............................................................................................................................... 9
11 10. SMALL SCALE PLAT .................................................................................................................... 9
12 11. SKETCH PLAT ............................................................................................................................... 9
13 12. PRELIMINARY PLAT .................................................................................................................. 10
14 13. FINAL PLAT .................................................................................................................................. 11
15 14. SITE PLANS ................................................................................................................................. 12
16 15. VARIANCES ................................................................................................................................. 17
17 16. DEVELOPMENT AGREEMENTS ............................................................................................. 18
18
19
Page 1 of 24
Page 680 of 732
City Council Regular - July 13, 2021 - 6:30 PM
City of Titusville, Florida Code of Ordinance, Volume II Land Development Regulations,
Development Review Procedures Manual
1 7.1.7.2. The general location and size of all existing and proposed structures and
2 parking areas.
3 7.1.7.3. All required landscaping, buffering, or screening.
4 7.1.7.4. General location of ingress and egress to property.
5 7.1.8. The names and addresses of all property owners, as shown on the latest Brevard
6 County ad valorem tax roll, located within five hundred (500) feet of the property.
7 8. LOT SPLIT (From Chapter 34 – Procedures, Article III, Division 2)
8 This section includes submittal requirements for a Lot Split.
9 8.1. Lot Split Required Submittals (From Sec. 34-112).
10 The following information/exhibits shall be required with the application for a lot split:
11 8.1.1. One (1) copy of the application form with fees.
12 8.1.2. A metes and bounds description with a Sketch of Legal and boundary survey certified
13 by a Professional Land Surveyor (PLS) registered in the State of Florida.
14 8.1.2.1. The Sketch of Legal must include lot lines, dimensions and acreage for the lot
15 being created, the total tract and all lots.
16 8.1.3. A development sketch showing all existing utilities and the stormwater legal positive
17 outfall location for each lot.
18 8.1.3.1. The development sketch must include the following note "All future
19 development of these lots will require the owner to meet all Land
20 Development Regulations of the City of Titusville including, but not limited to,
21 utilities, stormwater, landscaping and zoning."
22 8.1.4. Title Opinion with all encumbrances.
23 8.1.5. Any covenants, deed restrictions or other required documents.
24 9. MINOR DIVISION (Cross citation Chapter 34 – Procedures, Article III, Division 3 reserved)
25 10. SMALL SCALE PLAT (Cross citation Chapter 34 – Procedures, Article III, Division 4)
26 This section includes submittal requirements for a Small Scale Plat.
27 10.1. Small Scale Plat Required Submittals.
28 The following information/exhibits shall be required with the application for a Small Scale Plat:
29 10.1.1. One (1) copy of the application form with fees.
30 10.1.2. A Final Plat, meeting the requirements of Section 13.2.2 of this manual and Chapter
31 177 Florida Statutes.
32 10.1.3. A lot layout plan showing all existing utilities and the stormwater legal positive outfall
33 locations for each lot.
34 10.1.3.1. The lot layout plan must include the following note "All future development of
35 these lots will require the owner to meet all Land Development Regulations of
36 the City of Titusville including, but not limited to, the utilities, stormwater,
37 landscaping, and zoning,"
38 10.1.4. Title Opinion with all encumbrances.
39 10.1.5. Any covenants, deed restrictions or other required documents meeting the
40 requirements of Section 13.2.4.
41 11. SKETCH PLAT (From Chapter 34 – Procedures, Article III, Division 4, Subdivision 1)
42 This section includes submittal requirements for a Sketch Plat
Page 9 of 24
Page 681 of 732
City Council Regular - July 13, 2021 - 6:30 PM
City of Titusville, Florida Code of Ordinance, Volume II Land Development Regulations,
Development Review Procedures Manual
Page 10 of 24
Page 682 of 732
City Council Regular - July 13, 2021 - 6:30 PM
City of Titusville
Gateway to Nature & Space”
555 SOUTH WASHINGTON AVENUE Planning & Growth Management
TITUSVILLE, FLORIDA 32796-3584 (321)-567-3778
POST OFFICE BOX 2806 (32781-2806) www.titusville.com
July 1, 2021
Rick Kern
Honeycutt Associates
3700 S Washington Ave
Titusville, FL 32780
Re: Waivers to the City of Titusville Technical Manuals for the Elizabeth Oaks Townhomes for property located at the
corner of Elizabeth and Whispering Hills with a Tax No. 2204513 and Parcel I.D. 22-35-09-01-*-14.
On March 2, 2021, the City of Titusville Design Review Committee (DRC) approved the following waiver
requests from the requirements of the City’s Land Development Regulations, Technical Manuals:
1. Transportation Infrastructure, Section 9.6 General Layout of Streets, Section 9.6.4 which establishes the
maximum cul-de-sac length of five hundred (500) feet. Approved as presented.
Please contact me if you have any questions or if I can be of any assistance.
Sincerely,
Brad Parrish
Planning Manager
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DEVELOPMENT ORDER
Comprehensive Plan Amendment (CPA) No. 1-2016 - to apply the Planned Unit Development Land Use
Designation to approximately 636.8 acres at the western terminus of Willow Creek Blvd.
That based upon the information and evidence presented to the City Council and in accordance with the City Charter of
the City of Titusville, the Code of Ordinances & Land Development Regulations of the City of Titusville, the Adopted
Comprehensive Plan, and the provisions of Chapters 163 and 166, Florida Statutes, the City Council hereby:
Comprehensive Plan Amendment (CPA) 1-2016 approved on the date of February 28, 2017.
BY:
Walt Jo nSon, Mayor
kjC-t,t
(Name & signature)
The Decision of the City Council is a final order. In the event you desire to challenge this decision, you must file an
appropriate action within 30 days or take such other action as authorized by law.
This decision shall take effect immediately. However, the City of Titusville's Land Development Regulations Section 39-
211 states such approval shall be preliminary in nature and shall not entitle the applicant to proceed with the development
unless the public facilities are available concurrent with the impacts of development as provided in land Development
Regulations Section 39-212.
Issuance of a development permit by the City of Titusville does not in any way create any right on the part of an applicant
to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Titusville for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or
federal law. All other applicable state or federal permits shall be obtained before commencement of the development.
The Conditional Use Permit shall become null and void, unless use commences within four (4) years of the date the
permit is approved, as evidenced by the receipt of a Certificate of Occupancy, certificate of completion and/or Business
Tax Receipt as applicable. One administrative extension of one (1) year may be approved by the City Manager or
designee prior to expiration if the applicant has submitted a complete application for a development order and has
obtained all requisite permits from the applicable regulatory agencies.
Development Order
0 Owner 0 Tenant ❑ Agent 0 Other
Provided to:
CPA No. 1-2016
Development Order (Willow Creek)
Page 1 of 2
Category: 14.
Item: A.
City of Titusville
Recommended Action:
The Mayors Report is included in the agenda packet.
Alternatives:
N/A
Item Budgeted:
NA
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
Mayor's Report 7/8/2021 Backup Material
MAYOR’S REPORT
July 13, 2021
MISCELLANEOUS/ANNOUNCEMENTS
June 9, 2021
Titusville Chamber Meeting/Luncheon
Indian River Preserve
July 1, 2021
Titusville Business Friends
La Cita Country Club
PAGE 1 of 2
Page 688 of 732
City Council Regular - July 13, 2021 - 6:30 PM
Mayor’s Report
July 13, 2021
July 4, 2021
4th of July Celebration
Chain of Lakes Park
July 8, 2021
North Brevard Commission on Parks & Recreation
Brevard Room, Government Complex
July 9, 2021
North Brevard Economic Development Zone
Statham Park
PROCLAMATION – None
MISCELLANEOUS – None
PAGE 2 OF 2
Page 689 of 732
City Council Regular - July 13, 2021 - 6:30 PM
Category: 14.
Item: B.
City of Titusville
Recommended Action:
City Council Members will provide their individual reports.
Alternatives:
N/A
Item Budgeted:
NA
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
No Attachments Available
Category: 15.
Item: A.
City of Titusville
Recommended Action:
The City Manager's Report is included in the agenda packet.
Alternatives:
N/A
Item Budgeted:
NA
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
Termination State of Local Emergency 7/8/2021 Backup Material
City Manager's Report 7/8/2021 Backup Material
The following is my report for Council’s regular meeting of July 13, 2021:
A. ACTION ITEMS
Staff is requesting Council authorize a $1,895 change order to the Marina Storage building contract
(MM2002). This amount covers a price increase in the cost of lumber needed to complete the Storage
building and raises the total price for the project from $90,285 to $92,180. The price increase was a result
of COVID-19 supply chain shortages nation-wide in building materials.
B. INFORMATIONAL ITEMS
Pursuant to the Governor’s Executive Order 21-101 which nullified all remaining Local Emergency Orders
based on the COVID-19 Emergency, attached is a copy of the City of Titusville’s Termination of Local
Emergency Proclamation dated July 1, 2021.
Category: 16.
Item: A.
City of Titusville
Recommended Action:
Authorize Council to approve Attorney Jeffrey Mandel and the firm of Fisher & Phillips' increase
in hourly rate for legal services on behalf of the City.
The City Attorney's office is pleased with their representation and recommends accepting this
new increase.
Alternatives:
1. Accept the increase in hourly rate of $295 .
2. Deny the increase
3. Such other action as Council deems appropriate
Item Budgeted:
Yes
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
Letter from Attorney Jeffrey Mandel 6/14/2021 Backup Material
regarding fee increase
Category: 16.
Item: B.
City of Titusville
Recommended Action:
Authorize approval of the Engagement Letter of Representation from Attorney Thomas A.
Cloud of GrayRobinson, P.A.
Alternatives:
1. Accept and approve Engagement Letter
2. Deny acceptance of Engagement Letter
3. Other action deemed appropriate by Council
Item Budgeted:
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
Engagement Letter from Thomas A. Cloud, 7/6/2021 Backup Material
Esq.
Category: 16.
Item: C.
City of Titusville
Recommended Action:
Authorize City Attorney to vote to accept Debtor's Fifth Amended Joint Chapter 11 Plan of
Reorganization of Purdue Pharma L.P. and its affiliated debtors.
Alternatives:
1) Accept debtor's amended Chapter 11 plan
2) Reject debtor's amended Chapter 11 plan
3) Other action deemed appropriate
Item Budgeted:
No
Strategic Plan:
ATTACHMENTS:
Description Upload Date Type
Memo Mayor and Council Re: Purdue 7/7/2021 Backup Material
Pharma bankruptcy
Attorney General News Release Re-Purdue 7/7/2021 Backup Material
Pharma bankruptcy plan
City of Titusvilk
"GATEWAY TO NATURE AND SPACE"
INTEROFFICE MEMORANDUM
On September 15, 2019, Purdue Pharma L.P., filed Chapter 11 Bankruptcy in case no. 19-
23649 in the United States Bankruptcy Court Southern District of New York. To protect its
interest, local cities and counties were encouraged to join in filing a consolidated claim through
the Law Firm of Brown Rudnick LLP. Council consented to the City filing this consolidated
claim and the City submitted its Consolidated Claim (claim no: 149436) on July 15, 2020.
On June 3, 2021, the Court entered an order authorizing Purdue Pharma L.P., et al, to
amend its Joint Chapter 11 Plan of Reorganization. Since the City holds a claim against the Debtor
we have received a ballot to accept or reject the Fifth Amended Joint Chapter 11 Plan of
Reorganization of Purdue Pharma L.P. and its affiliated debtors.
The City of Titusville has received the Florida Plan as presented by the Florida Attorney
General with recommendations to accept the debtor's plan.
RCB:vmp
Enclosures
Attorney General Moody Secures Billions for Opioid Abatement Funds from Purdue
Pharma Bankruptcy Plan
TALLAHASSEE, Fla.—Attorney General Ashley Moody has secured additional funding for Florida
communities plagued by the national opioid crisis. Purdue Pharma filed its bankruptcy plan worth
approximately $7 billion that will place the full value of the company into a trust set up to allocate
the funds toward opioid abatement efforts nationwide. More than $4.275 billion of the $7 billion
represented in the plan will come from the Sackler family, who will also lose their entire stake in the
company as part of the terms—effectively removing them from any involvement in U.S. opioid
sales.
Attorney General Ashley Moody said, “As we continue to fight the pervasive opioid epidemic, I am
pleased to announce that we have secured additional monies—now more than $4 billion—to help
fund critical resources for communities struggling from this devastation. Although we cannot
reverse the damage that this epidemic has inflicted, these life-saving funds will now be available
early next year, and strict measures are now in place going forward to prevent the insidious and
harmful marketing of opioids.”
Attorney General Moody’s office served on the Purdue Pharma Bankruptcy Ad Hoc Committee—an
18-member committee consisting of states, counties, cities and territories—that led negotiations
and discovery on behalf of the thousands of communities across the country impacted by the
opioid crisis. State and local governments are projected to receive more than $4.5 billion under the
proposed bankruptcy plan. This filing represents a significant step toward providing crucial
recovery resources nationwide for those damaged by the opioid crisis that has worsened during
the COVID-19 pandemic. The states will collectively continue negotiating with the debtor to finalize
terms that are most beneficial for all states and their local communities to maximize the needed
abatement funds.
The plan is under consideration before the U.S. Bankruptcy Court for the Southern District of New
York with Judge Robert Drain presiding. Purdue Pharma’s Chapter 11 bankruptcy proceeding is
separate from ongoing federal and state opioid litigation.
Page 707 of 732
City Council Regular - July 13, 2021 - 6:30 PM
54014-08
)
In re: ) Ch
)
PURDUE PHARMA L.P., et a,' ) Case No. 19-23649 (RDD)
)
Debtors. ) (Jointly Administered)
)
The Solicitation Agent, on behalf of Purdue Pharma L.P. ("Purdue Pharma"), its
general partner Purdue Pharma Inc. ("PPI"), and Purdue Pharma's wholly owned direct and
indirect subsidiaries, as debtors and debtors in possession (collectively, the "Debtors"), is
soliciting votes to accept or reject the Fifth Amended Joint Chapter 11 Plan of Reorganization of
Purdue Pharma L.P. and Its Affiliated Debtors, dated June 3, 2021 [D.I. 2982] (together with all
schedules and exhibits thereto, and as may be modified, amended, or supplemented from time to
time, the "Plan"2) from the holders of certain Impaired Claims against the Debtors.
The Debtors in these cases, along with the last four digits of each Debtor's registration number in the applicable
jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma Inc. (7486), Purdue Transdermal
Technologies L.P. (1868), Purdue Pharma Manufacturing L.P. (3821), Purdue Pharmaceuticals L.P. (0034),
Imbrium Therapeutics L.P. (8810), Adlon Therapeutics L.P. (6745), Greenfield BioVentures L.P. (6150), Seven
Seas Hill Corp. (4591), Ophir Green Corp. (4594), Purdue Pharma of Puerto Rico (3925), Avrio Health L.P. (4140),
Purdue Pharmaceutical Products L.P. (3902), Purdue Neuroscience Company (4712), Nayatt Cove Lifescience Inc.
(7805), Button Land L.P. (7502), Rhodes Associates L.P. (N/A), Paul Land Inc. (7425), Quidnick Land L.P. (7584),
Rhodes Pharmaceuticals L.P. (6166), Rhodes Technologies (7143), UDF LP (0495), SVC Pharma LP (5717) and
SVC Pharma Inc. (4014). The Debtors' corporate headquarters is located at One Stamford Forum, 201 Tresser
Boulevard, Stamford, CT 06901.
2 Capitalized terms used but not defined herein have the meanings ascribed to such terms in the Plan or the
Disclosure Statement and Solicitation Procedures Order (as defined herein), as applicable.
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You are receiving this ballot (the "Ballot") because you hold a Claim against the Debtors
as of March 10, 2021 (the "Voting Record Date"). Your Claim is classified under the Plan in
Class 4 (Non-Federal Domestic Governmental Claims). Except as otherwise set forth in the Bar
Date Order, all timely filed Claims have been deemed filed against the Debtors, and, therefore,
you are entitled to vote to accept or reject the Plan in Class 4.
The rights of holders of Claims in Class 4 are described in the Disclosure Statement for
the Plan, filed on June 3, 2021 [D.I. 2983] (together with all schedules and exhibits thereto, and
as may be modified, amended, or supplemented from time to time, the "Disclosure Statement")
and the Order approving the Disclosure Statement and related solicitation procedures [D.I. 2988]
(the "Disclosure Statement and Solicitation Procedures Order"). The Solicitation Package
you are receiving with this Ballot provides instructions detailing how to access electronic
versions, request hard copies or request flash-drive format versions of each of the Disclosure
Statement Order as entered by the Bankruptcy Court (without any exhibits) and the Disclosure
Statement as approved by the Court (with the Plan annexed thereto). If you need to obtain
additional solicitation materials, you may contact the Solicitation Agent by (i) visiting the
Debtors' case website at https://restructuring.primeclerk.com/purduepharma; (ii) writing Purdue
Pharma Ballot Processing, do Prime Clerk, LLC, One Grand Central Place,
60 East 42nd Street, Suite 1440, New York, New York 10165; (iii) emailing
purduepharmaballots@primeclerk.com; or (iv) calling the Solicitation Agent at (844) 217-0912
(domestic toll-free) or (347) 859-8093 (if calling from outside the U.S. or Canada). You may
also access these materials for a fee via PACER at https://www.nysb.uscourts.gov/.
Pursuant to the Disclosure Statement and Solicitation Procedures Order, the Bankruptcy
Court has approved the Disclosure Statement as containing adequate information under
section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement
does not indicate approval of the Plan by the Bankruptcy Court. This Ballot may not be used for
any purpose other than to vote to accept or reject the Plan. If you believe that you have received
this Ballot in error, please contact the Solicitation Agent at the address or telephone numbers set
forth above.
For your vote to be counted, this Ballot must be properly completed, signed, and
returned to the Solicitation Agent so that it is actually received no later than 4:00 p.m.
(Prevailing Eastern Time) on July 14, 2021.
If a controversy arises regarding whether any Claim is properly classified under the Plan,
the Bankruptcy Court shall, upon proper motion and notice, determine such controversy at the
Confirmation Hearing. If the Bankruptcy Court finds that the classification of any Claim is
improper, then such Claim shall be reclassified and the Ballot previously cast by the holder of
such Claim shall be counted in, and the Claim shall receive the treatment prescribed in, the Class
in which the Bankruptcy Court determines such Claim should have been classified, without the
necessity of resoliciting any votes on the Plan. Notwithstanding the fact that your Claim would
otherwise satisfy the definition of another type of Claim, or your receipt of a ballot or notice,
which identifies your Claim as belonging to a specific Class for voting and distribution purposes,
any Claim that satisfies the definition of Co-Defendant Claims under Sections 1.1 and 4.16 of the
Plan shall be a Co-Defendant Claim and any Claim that satisfies the definition of an Other
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Subordinated Claim under Sections 1.1 and 4.17 of the Plan shall be an Other Subordinated
Claim.
If you have any questions on how to properly complete this Ballot, please call the
Solicitation Agent at (844) 217-0912 (domestic toll-free) or (347) 859-8093 (international).
THE SOLICITATION AGENT IS NOT AUTHORIZED TO, AND WILL NOT,
PROVIDE LEGAL ADVICE.
Sections 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, and 10.13 of the Plan contain release,
shareholder release, exculpation, injunction, channeling injunction, MDT insurer injunction,
Settling MDT insurer injunction and shareholder channeling injunction provisions. Thus, you
are advised to review and consider the Plan carefully. For your convenience, such provisions
are set forth on Exhibit 1 hereto. Below is a summary of the release provisions. For the
avoidance of doubt, to the extent any provision of this notice conflicts with the terms of the
plan, the terms of the plan will control. Capitalized terms used below and in Exhibit 1 have the
meanings ascribed to such terms in the Plan.
Pursuant to the Plan, certain parties are releasing the Released Parties, which include certain
third parties, and the Shareholder Released Parties (subject to and in accordance with the
terms of the Shareholder Settlement) from certain Claims and Causes of Action.
The Releasing Parties include all holders of Claims and Interest under the Plan.
The Released Parties include, collectively, (i) the Debtors, (ii) each of the Debtors' Related
Parties and (iii) solely for purposes of the Releases by the Debtors in Section 10.6(a) of the Plan,
the Supporting Claimants, the Creditors' Committee and the Creditors' Committee's members
and each of their respective professionals, in each case solely in their respective capacities as
such; provided, however, that, notwithstanding the foregoing or anything herein to the contrary,
no Excluded Party or Shareholder Release Snapback Party shall be a Released Party in any
capacity or respect. For the avoidance of doubt, the Released Parties referenced in clause (ii) of
this definition of Released Parties include Persons referenced in clause (ii) of the definition of
Related Parties only to the extent (x) a claim arises from actions taken by such Person in its
capacity as a Related Party of a Person referenced in clause (i) of the definition of Related
Parties and (y) the underlying claim against the Released Party is released against the Person
to which the Related Party is related. The Shareholder Released Parties are the beneficiaries
of the separate shareholder release provisions in the Plan. The Plan Supplement will include
the Shareholder Settlement, which will provide for, among other things, the settlement of
claims against the Shareholder Released Parties.
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This Ballot is submitted to you to solicit your vote to accept or reject the Plan. The terms
of the Plan are described in the Disclosure Statement. PLEASE READ THE PLAN AND THE
DISCLOSURE STATEMENT CAREFULLY BEFORE COMPLETING THIS BALLOT.
The Plan will be accepted by Class 4 if the Plan is accepted by the holders of at least two-
thirds (2/3) in amount and at least one-half (1/2) in number of Claims in Class 4 that vote on the
Plan in each such Class. In the event that Class 4 votes to reject the Plan, the Bankruptcy Court
may nevertheless confirm the Plan and, thereby, make the Plan binding on the holders of Claims
in Class 4 if the Bankruptcy Court finds that the Plan does not unfairly discriminate against, and
accords fair and equitable treatment to, the holders of Claims in Class 4 and otherwise satisfies
the requirements of section 1129(b) of the Bankruptcy Code. If the Plan is confirmed by the
Bankruptcy Court, all holders of Claims against, and Interests in, the Debtors (including those
holders who abstain from voting on or vote to reject the confirmed Plan, and those holders who
are not entitled to vote on the confirmed Plan) will be bound by the confirmed Plan and the
transactions contemplated thereunder.
To have your vote counted, you must complete, sign, and return this Ballot so that it
is actually received by the Solicitation Agent no later than the Voting Deadline of July 141
2021 at 4:00 p.m. (prevailing Eastern Time). Ballots must be delivered to the Solicitation
Agent at the appropriate address listed below:
For your E-Ballot login credentials and If you plan to hand-deliver your Ballot
further detail, please see page 7 below. to Prime Clerk's office, please email
purduepharmaballots@primeclerk.com
at least twenW-four(24) hours in
advance to arrange delivery.
Class 4 Ballots will not be accepted by telecopy, facsimile, email, or other electronic
means of transmission (other than by E-Ballot).
a. Item 1 (Amount of Claim). Make sure that the information contained in Item 1
below regarding the amount of your Claim is correct. Please note that, except as
otherwise set forth in the Disclosure Statement and Solicitation Procedures
Order, each Claim in Class 4 has been allowed in the amount of $1.00 for
voting purposes only, and not for distribution, allowance, or any other
purpose.
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b. Item 2 (Vote on the Plan). Cast one vote to accept or reject the Plan by checking
the appropriate box in Item 2 below. You must vote the entire amount of your
Claim either to accept (i.e., vote in favor of) or reject (i.e., vote against) the Plan
and you may not split your vote. Accordingly, any vote within a single Class that
attempts partially to accept and partially reject the Plan will not be counted.
c. If you hold Claims in a Class other than Class 4, you may receive more than one
Ballot or Solicitation Package, labeled for a different Class of Claims. Your vote
will be counted in determining acceptance or rejection of the Plan by a particular
Class of Claims only if you complete, sign, and return the Ballot labeled for such
Class of Claims in accordance with the instructions on that Ballot.
d. If more than one timely, properly completed Ballot is received, unless the holder
of the Class 4 Claim receives Bankruptcy Court approval otherwise, then the last
properly executed Ballot timely received will be deemed to reflect that voter's
intent and will supersede and revoke any prior Ballot.
g. If you are completing this Ballot on behalf of another claimant, indicate your
relationship with such claimant and the capacity in which you are signing on the
appropriate line in Item 3 below. By submitting the Ballot you are certifying that
you have authority to so act and agree to provide documents evidencing such
authority upon request (e.g., a power of attorney or a certified copy of board
resolutions authorizing you to so act).
i. If additional space is required to respond to any item on the Ballot, please use
additional sheets of paper clearly marked to indicate the applicable item of the
Ballot to which you are responding. Do not include medical records with this
Ballot. Medical records cannot be returned by the Solicitation Agent.
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PLEASE NOTE:
IF YOU (A) HAVE ANY QUESTIONS REGARDING THE BALLOT, (B) DID
NOT RECEIVE A RETURN ENVELOPE WITH YOUR BALLOT, OR (C) NEED
ADDITIONAL COPIES OF THE BALLOT OR OTHER ENCLOSED MATERIALS,
PLEASE CONTACT THE SOLICITATION AGENT AT 844-217-0912 (DOMESTIC
TOLL-FREE) OR 347-859-8093 (INTERNATIONAL), OR BY EMAILING
PURDUEPHARMABALLOTS@PRIMECLERK.COM. PLEASE DO NOT DIRECT
ANY INQUIRIES TO THE BANKRUPTCY COURT. THE SOLICITATION AGENT IS
NOT AUTHORIZED TO, AND WILL NOT, PROVIDE LEGAL ADVICE.
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SUBMITTING BY E-BALLOT
IMPORTANT NOTE: You will need the following information to retrieve and submit your
customized E-Ballot:
The Solicitation Agent's "E-Ballot" platform is the sole manner in which your Ballot will
be accepted via electronic or online transmission. Ballots submitted by telecopy, facsimile,
email, or other electronic means of transmission will not be counted.
Each E-Ballot ID# is to be used solely for voting only those Claims described in Item 1 of
your E-Ballot. Please complete and submit an E-Ballot for each E-Ballot ID# you receive,
as applicable.
Holders who cast a Ballot using the Solicitation Agent's "E-Ballot" platform should NOT also
submit a paper Ballot.
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Item 2. Vote on the Plan. The undersigned holder of Class 4 Claims in the amount set forth in
Item 1 above hereby votes to:
Check one box: ❑ ACCEPT (I.E., VOTE IN FAVOR OF) the Plan
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Item 3. Acknowledgments and Certification. By signing this Ballot, the undersigned certifies
that the undersigned has been provided with a copy of the Disclosure Statement, including the
Plan and all other exhibits thereto, the Disclosure Statement and Solicitation Procedures Order
without exhibits and a Confirmation Hearing Notice. The undersigned further acknowledges that
the solicitation of votes is subject to all terms and conditions set forth in the Disclosure
Statement and Solicitation Procedures Order, and the procedures for the solicitation of votes to
accept or reject the Plan contained therein.
Signature:
Street Address:
Street Address:
(continued)
Telephone Number:
Email Address:
Date Completed:
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EXHIBIT 1
As of the Effective Date, for good and valuable consideration, the adequacy
of which is hereby confirmed, including, without limitation, the service of the Released Parties
before and during the Chapter 11 Cases to facilitate the reorganization of the Debtors and the
implementation of the Restructuring Transactions, and except as otherwise explicitly provided in
the Plan or in the Confirmation Order, the Released Parties shall be conclusively, absolutely,
unconditionally, irrevocably, fully, finally, forever and permanently released by the Debtors and
their Estates from any and all Claims, claims, counterclaims, disputes, obligations, suits, judgments,
damages, demands, debts, rights, Causes of Action, Liens, remedies, losses, contributions,
indemnities, rights of subrogation, costs, liabilities, attorneys' fees and expenses, in each case, of
any kind, character or nature whatsoever, including any derivative claims asserted or assertible by
or on behalf of any Debtor or any of their Estates (including any Causes of Action arising under
chapter 5 of the Bankruptcy Code) and including any claims that any Debtor or any of their
Estates, or that any other Person or party claiming under or through any Debtor or any of their
Estates, would have presently or in the future been legally entitled to assert in its own right
(whether individually or collectively) or on behalf of any Debtor or any of their Estates or any other
Person, notwithstanding section 1542 of the California Civil Code or any law of any jurisdiction
that is similar, comparable or equivalent thereto (which shall conclusively be deemed waived),
whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or
unknown, foreseen or unforeseen, asserted or unasserted, accrued or unaccrued, existing or
hereinafter arising, choate or inchoate, whether in law or equity, whether sounding in tort or
contract or based on any other legal or equitable theory or principle (including fraud, negligence,
gross negligence, recklessness, reckless disregard, deliberate ignorance, public or private nuisance,
breach of fiduciary duty, avoidance, willful misconduct, veil piercing, alter-ego theories of liability,
unjust enrichment, disgorgement, restitution, contribution, indemnification, right of subrogation
and joint liability), whether in rem, quasi in rem, in personam or otherwise, or whether arising
under federal or state statutory or common law, or any other applicable international, foreign or
domestic law, rule, statute, regulation, treaty, right, duty, requirement or otherwise, regardless of
where in the world accrued or arising, from the beginning of time, in each case, based on or relating
to, or in any manner arising from, in whole or in part, the Debtors (as such Entities existed prior to
or after the Petition Date), their Estates or the Chapter 11 Cases, including, without limitation,
(i) the subject matter of, or the transactions or events giving rise to, any Claim or Interest that is
treated in the Plan, (ii) the business or contractual arrangements or interactions between any
Debtor and any Released Party (including historical business or contractual arrangements or
interactions, any direct or indirect distributions or transfers by any Debtor, and any exercise of any
common law or contractual rights of setoff or recoupment by any Released Party at any time on or
prior to the Effective Date), (iii) any employment or retention of any Released Party by the
Debtors
(including any service as a director, officer, executive, consultant or advisor to the Debtors
or
service in any similar capacity), (iv) any direct or indirect beneficial ownership of any equity
interest in or debt obligation of the Debtors, (v) the Restructuring Transactions, (vi) the Pending
Opioid Actions, (vii) Opioid-Related Activities or the Debtors' development, production,
manufacture, licensing, labeling, marketing, advertising, promotion, distribution or sale of non-
opioid products or the use or receipt of any proceeds therefrom, in each case, including the
Debtors' interactions with regulators and regardless of where in the world any such activities
or
any result, loss, injury or damage resulting therefrom occurred, (viii) any past, present or future
use or misuse of any opioid, whether sold by the Debtors or by NewCo or any of its Subsidiaries or
otherwise, to the extent arising from an act, conduct, omission, event, transaction, occurrence
or
continuing condition in any way relating to any of the foregoing, (ix) the restructuring of any
Claim
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or Interest before or during the Chapter 11 Cases, (x) the Disclosure Statement and the Plan and
related agreements, instruments and other documents (including the Plan Documents) and the
negotiation, formulation, preparation or implementation thereof, (xi) the solicitation of votes with
respect to the Plan, or (xii) any other act, conduct, omission, event, transaction, occurrence or
continuing condition in any way relating to any of the foregoing. The Debtors, the Plan
Administration Trust, the Master Disbursement Trust, the Creditor Trusts, NewCo, TopCo and
any other newly-formed Persons that shall be continuing the Debtors' businesses after the Effective
Date shall be bound, to the same extent the Debtors are bound, by the Releases set forth in this
Section 10.6(a).
As of the Effective Date, for good and valuable consideration, the adequacy
of which is hereby confirmed, including, without limitation, the service of the Released Parties
before and during the Chapter 11 Cases to facilitate the reorganization of the Debtors and the
implementation of the Restructuring Transactions, and except as otherwise explicitly provided in
the Plan or in the Confirmation Order, the Released Parties shall be conclusively, absolutely,
unconditionally, irrevocably, fully, finally, forever and permanently released by the Releasing
Parties from any and all Claims, claims, counterclaims, disputes, obligations, suits, judgments,
damages, demands, debts, rights, Causes of Action, Liens, remedies, losses, contributions,
indemnities, rights of subrogation, costs, liabilities, attorneys' fees and expenses, in each case, of
any kind, character or nature whatsoever, including any derivative claims asserted or assertible by
or on behalf of the Debtors or their Estates (including any Causes of Action arising under chapter 5
of the Bankruptcy Code) and including any claims that any Releasing Party, or that any other
Person or party claiming under or through any Releasing Party, would have presently or in the
future been legally entitled to assert in its own right (whether individually or collectively) or on
behalf of any Releasing Party or any other Person, notwithstanding section 1542 of the California
Civil Code or any law of any jurisdiction that is similar, comparable or equivalent thereto (which
shall conclusively be deemed waived), whether liquidated or unliquidated, fixed or contingent,
matured or unmatured, known or unknown, foreseen or unforeseen, asserted or unasserted,
accrued or unaccrued, existing or hereinafter arising, choate or inchoate, whether in law or equity,
whether sounding in tort or contract or based on any other legal or equitable theory or principle
(including fraud, negligence, gross negligence, recklessness, reckless disregard, deliberate
ignorance, public or private nuisance, breach of fiduciary duty, avoidance, willful misconduct, veil
piercing, alter-ego theories of liability, unjust enrichment, disgorgement, restitution, contribution,
indemnification, right of subrogation and joint liability), whether in rem, quasi in rem, in personam
or otherwise, or whether arising under federal or state statutory or common law, or any other
applicable international, foreign or domestic law, rule, statute, regulation, treaty, right, duty,
requirement or otherwise, regardless of where in the world accrued or arising, from the beginning
of time, in each case, based on or relating to, or in any manner arising from, in whole or in part, the
Debtors (as such Entities existed prior to or after the Petition Date), their Estates or the Chapter 11
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Cases, including, without limitation, (i) the subject matter of, or the transactions or events giving
rise to, any Claim or Interest that is treated in the Plan, (ii) the business or contractual
arrangements or interactions between any Debtor and any Released Party (including historical
business or contractual arrangements or interactions, any direct or indirect distributions or
transfers by any Debtor, and any exercise of any common law or contractual rights of setoff or
recoupment by any Released Party at "any time on or prior to the Effective Date), (iii) any
employment or retention of any Released Party by the Debtors (including any service as a director,
officer, executive, consultant or advisor to the Debtors or service in any similar capacity), (iv) any
direct or indirect beneficial ownership of any equity interest in or debt obligation of the Debtors,
(v) the Restructuring Transactions, (vi) the Pending Opioid Actions, (vii) Opioid-Related Activities
or the Debtors' development, production, manufacture, licensing, labeling, marketing, advertising,
promotion, distribution or sale of non-opioid products or the use or receipt of any proceeds
therefrom, in each case, including the Debtors' interactions with regulators and regardless of where
in the world any such activities or any result, loss, injury or damage resulting therefrom occurred,
(viii) any past, present or future use or misuse of any opioid, whether sold by the Debtors or by
NewCo or any of its Subsidiaries or otherwise, to the extent arising from an act, conduct, omission,
event, transaction, occurrence or continuing condition in any way relating to any of the foregoing,
(ix) the restructuring of any Claim or Interest before or during the Chapter 11 Cases, (x) the
Disclosure Statement and the Plan and related agreements, instruments and other documents
(including the Plan Documents) and the negotiation, formulation, preparation or implementation
thereof, (xi) the solicitation of votes with respect to the Plan; -or (xii) any other act, conduct,
omission, event, transaction, occurrence or continuing condition in any way relating to any of the
foregoing.
For the avoidance of doubt and without limitation of the foregoing, each
Person that is a Governmental Unit or a Tribe shall be deemed to have released all Released Claims
that have been, are or could have been brought by (1) such Governmental Unit or Tribe in its own
right, in its parens patriae or sovereign enforcement capacity, or on behalf of or in the name of
another Person or (2) any other governmental official, employee, agent or representative acting or
purporting to act in a parens patriae, sovereign enforcement or quasi-sovereign enforcement
capacity, or any other capacity on behalf of such Governmental Unit or Tribe.
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and shall be released automatically from all Claims described in this paragraph upon the
exhaustion of the available proceeds of the Purdue Insurance Policies (notwithstanding the
nonoccurrence of either event described in the foregoing clauses (x) and (y)).
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any way the Effective Date or post-Effective Date rights and obligations of any Person under the
Plan, the Plan Documents, the Confirmation Order or the Restructuring Transactions, including
the Shareholder Settlement Agreement.
As of the Effective Date, for good and valuable consideration, the adequacy
of which is hereby confirmed, and except as otherwise explicitly provided in the Plan or in the
Confirmation Order, the Shareholder Released Parties shall be conclusively, absolutely,
unconditionally, irrevocably, fully, finally, forever and permanently released, subject to clause (z)
of the last paragraph of this Section 10.7(a), by the Debtors and their Estates from any and all
Claims, claims, counterclaims, disputes, obligations, suits, judgments, damages, demands, debts,
rights, Causes of Action, Liens, remedies, losses, contributions, indemnities, rights of subrogation,
costs, liabilities, attorneys' fees and expenses, in each case, of any kind, character or nature
whatsoever, including any derivative claims asserted or assertible by or on behalf of any Debtor or
any of their Estates (including any Causes of Action arising under chapter 5 of the Bankruptcy
Code) and including any claims that any Debtor or any of their Estates, or that any other Person or
party claiming under or through any Debtor or any of their Estates, would have presently or in the
future been legally entitled to assert in its own right (whether individually or collectively) or on
behalf of any Debtor or any of their Estates or any other Person, notwithstanding section 1542 of
the California Civil Code or any law of any jurisdiction that is-similar, comparable or equivalent
thereto (which shall conclusively be deemed waived), whether liquidated or unliquidated, fixed or
contingent, matured or unmatured, known or unknown, foreseen or unforeseen, asserted or
unasserted, accrued or unaccrued, existing or hereinafter arising, choate or inchoate, whether in
law or equity, whether sounding in tort or contract or based on any other legal or equitable theory
or principle (including fraud, negligence, gross negligence, recklessness, reckless disregard,
deliberate ignorance, public or private nuisance, breach of fiduciary duty, avoidance, willful
misconduct, veil piercing, alter-ego theories of liability, unjust enrichment, disgorgement,
restitution, contribution, indemnification, right of subrogation and joint liability), whether in rem,
quasi in rem, in personam or otherwise, or whether arising under federal or state statutory or
common law, or any other applicable international, foreign or domestic law, rule, statute,
regulation, treaty, right, duty, requirement or otherwise, regardless of where in the world accrued
or arising, from the beginning of time, in each case, based on or relating to, or in any manner
arising from, in whole or in part, the Debtors (as such Entities existed prior to or after the Petition
Date), their Estates or the Chapter 11 Cases, including, without limitation, (i) the subject matter of,
or the transactions or events giving rise to, any Claim or Interest that is treated in the Plan, (ii) the
business or contractual arrangements or interactions between any Debtor and any Shareholder
Released Party (including historical business or contractual arrangements or interactions, any
direct or indirect distributions or transfers by any Debtor, and any exercise of any common law or
contractual rights of setoff or recoupment by any Shareholder Released Party at any time on or
prior to the Effective Date), (iii) any employment or retention of any Shareholder Released Party
by the Debtors (including any service as a director, officer, executive, consultant or advisor to the
Debtors or service in any similar capacity), (iv) any direct or indirect beneficial ownership of any
equity interest in or debt obligation of the Debtors, (v) the Restructuring Transactions, (vi) the
Pending Opioid Actions, (vii) Opioid-Related Activities or the Debtors' development, production,
manufacture, licensing, labeling, marketing, advertising, promotion, distribution or sale of non-
opioid products or the use or receipt of any proceeds therefrom, in each case, including the Debtors'
interactions with regulators and regardless of where in the world any such activities or any result,
loss, injury or damage resulting therefrom occurred, (viii) any past, present or future use or misuse
of any opioid, whether sold by the Debtors or by NewCo or any of its Subsidiaries or otherwise, to
the extent arising from an act, conduct, omission, event, transaction, occurrence or continuing
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condition in any way relating to any of the foregoing, (ix) the restructuring of any Claim or Interest
before or during the Chapter 11 Cases, (x) the Disclosure Statement and the Plan and related
agreements, instruments and other documents (including the Plan Documents) and the negotiation,
formulation, preparation or implementation thereof, (xi) the solicitation of votes with respect to the
Plan, or (xii) any other act, conduct, omission, event, transaction, occurrence or continuing
condition in any way relating to any of the foregoing. The Debtors, the Plan Administration Trust,
the Master Disbursement Trust, the Creditor Trusts, NewCo, TopCo and any other newly-formed
Persons that shall be continuing the Debtors' businesses after the Effective Date shall be bound, to
the same extent the Debtors are bound, by the Shareholder Releases set forth in this Section 10.7(a).
As of the Effective Date, for good and valuable consideration, the adequacy
of which is hereby confirmed, and except as otherwise explicitly provided in the Plan or in the
Confirmation Order, the Shareholder Released Parties shall be conclusively, absolutely,
unconditionally, irrevocably, fully, finally, forever and permanently released, subject to clause (z)
of the last paragraph of this Section 10.7(b), by the Releasing Parties from any and all Claims,
claims, counterclaims, disputes, obligations, suits, judgments, damages, demands, debts, rights,
Causes of Action, Liens, remedies, losses, contributions, indemnities, rights of subrogation, costs,
liabilities, attorneys' fees and expenses, in each case, of any kind, character or nature whatsoever,
including any derivative claims asserted or assertible by or on behalf of the Debtors or their Estates
(including any Causes of Action arising under chapter 5 of the Bankruptcy Code) and including
any claims that any Releasing Party, or that any other Person or party claiming under or through
any Releasing Party or any other Person, would have presently or in the future been legally entitled
to assert in its own right (whether individually or collectively) or on behalf of any Releasing Party
or any other Person, notwithstanding section 1542 of the California Civil Code or any law of any
jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be deemed
waived), whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or
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For the avoidance of doubt and without limitation of the foregoing, each
Person that is a Governmental Unit or a Tribe shall be deemed to have released all Shareholder
Released Claims that have been, are or could have been brought by (1) such Governmental Unit or
Tribe in its own right, in its parens patriae or sovereign enforcement capacity, or on behalf of or in
the name of another Person or (2) any other governmental official, employee, agent or
representative acting or purporting to act in a parens patriae, sovereign enforcement or quasi-
sovereign enforcement capacity, or any other capacity on behalf of such Governmental Unit or
Tribe.
Section 10.7(b) shall be entirely null and void, revoked and invalidated, as of the Effective Date,
with respect to all members of the Breaching Shareholder Family Group and the Designated
Shareholder Released Parties and (B) the status quo ante shall be restored in all respects for the
Releasing Parties with respect to the members of the Breaching Shareholder Family Group and the
Designated Shareholder Released Parties; provided that, for the avoidance of doubt,
notwithstanding the nullification, voiding, revocation and invalidation pursuant to the foregoing
clause (A), the Shareholder Releases shall continue in effect for, and shall be fully enforceable by
and for the benefit of, all other Shareholder Released Parties other than the Breaching Shareholder
Family Group and the Designated Shareholder Released Parties.
As of the Effective Date, for good and valuable consideration, the adequacy
of which is hereby confirmed, and except as otherwise explicitly provided in the Plan or in the
Confirmation Order, the Reciprocal Releasees shall be conclusively, absolutely, unconditionally,
irrevocably, fully, finally, forever and permanently released, subject to clause (z) of the last
paragraph of this Section 10.7(c), by the Shareholder Released Parties from any and all Claims,
claims, counterclaims, disputes, obligations, suits, judgments, damages, demands, debts, rights,
Causes of Action, Liens, remedies, losses, contributions, indemnities, rights of subrogation, costs,
liabilities, attorneys' fees and expenses, in each case, of any kind, character or nature whatsoever,
including any derivative claims asserted or assertible by or on behalf of the Debtors or their Estates
(including any Causes of Action arising under chapter 5 of the Bankruptcy Code) and including
any claims that any Shareholder Released Party, or that any other Person or party claiming under
or through any Shareholder Released Party or any other Person, would have presently or in the
future been legally entitled to assert in its own right (whether individually or collectively) or on
behalf of any Shareholder Released Party or any other Person, notwithstanding section 1542 of the
California Civil Code or any law of any jurisdiction that is similar, comparable or equivalent
thereto (which shall conclusively be deemed waived), whether liquidated or unliquidated, fixed or
contingent, matured or unmatured, known or unknown, foreseen or unforeseen, asserted or
unasserted, accrued or unaccrued, existing or hereinafter arising, choate or inchoate, whether in
law or equity, whether sounding in tort or contract or based on any other legal or equitable theory
or principle (including fraud, negligence, gross negligence, recklessness, reckless disregard,
deliberate ignorance, public or private nuisance, breach of fiduciary duty, avoidance, willful
misconduct, veil piercing, alter-ego theories of liability, unjust enrichment, disgorgement,
restitution, contribution, indemnification, right of subrogation and joint liability), whether in rem,
quasi in rem, in personam or otherwise, or whether arising under federal or state statutory or
common law, or any other applicable international, foreign or domestic law, rule, statute,
regulation, treaty, right, duty, requirement or otherwise, regardless of where in the world accrued
or arising, from the beginning of time, in each case, based on or relating to, or in any manner
arising from, in whole or in part, the Debtors (as such Entities existed prior to or after the Petition
Date), their Estates or the Chapter 11 Cases, including, without limitation, (i) the subject matter of,
or the transactions or events giving rise to, any Claim or Interest that is treated in the Plan, (ii) the
business or contractual arrangements or interactions between any Debtor and any Shareholder
Released Party (including historical business or contractual arrangements or interactions, any
direct or indirect distributions or transfers by any Debtor, and any exercise of any common law or
contractual rights of setoff or recoupment by any Shareholder Released Party at any time on or
prior to the Effective Date), (iii) any employment or retention of any Shareholder Released Party
by the Debtors (including any service as a director, officer, executive, consultant or advisor to the
Debtors or service in any similar capacity), (iv) any direct or indirect beneficial ownership of any
equity interest in or debt obligation of the Debtors, (v) the Restructuring Transactions, (vi) the
Pending Opioid Actions, (vii) Opioid-Related Activities or the Debtors' development, production,
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Notwithstanding anything herein to the contrary, (x) nothing in the Plan shall release any Excluded
Claim; (y) nothing in this Section 10.7(c) shall be construed to impair in any way the Effective Date
or post-Effective Date rights and obligations of any Person under the Plan, the Plan Documents, the
Confirmation Order or the Restructuring Transactions, including the Shareholder Settlement
Agreement and the Separation Agreements, and including the rights of any Shareholder Released
Party that is a current or former director, officer or employee of the Debtors but is not a Sackler
Family Member relating to plan treatment of any Claims held by such party; and (z) upon the filing
of a Notice of Shareholder Release Snapback and the commencement or continuation of any action
or proceeding against a member of a Breaching Shareholder Family Group or a Designated
Shareholder Released Party by any Reciprocal Releasee, (A) the releases set forth in this
Section 10.7(c) of any Reciprocal Releasee that has commenced or continued any such action shall
be entirely null and void, revoked and invalidated, as of the Effective Date, with respect to the
members of the Breaching Shareholder Family Group and the Designated Shareholder Released
Parties and (B) the status quo ante shall be restored in all respects for the members of the Breaching
Shareholder Family Group and the Designated Shareholder Released Parties with respect to any
Reciprocal Releasee that has commenced or continued any such litigation; provided that, for the
avoidance of doubt, notwithstanding the nullification, voiding, revocation and invalidation
pursuant to the foregoing clause (A), the releases set forth in this Section 10.7(c) shall continue in
effect for, and shall be fully enforceable by and for the benefit of, all other Reciprocal Releasees,
and shall be binding on, and enforceable against, all other Shareholder Released Parties, including
any members of the Breaching Shareholder Family Group with respect to any Reciprocal Releasee
that has not commenced any such litigation.
In order to supplement the injunctive effect of the Plan Injunction, the Releases
and the Shareholder Releases set forth in Sections 10.5, 10.6 and 10.7 of the Plan, the Confirmation Order
shall provide for the following permanent injunction to take effect as of the Effective Date:
judgment of any form from or against any Protected Party with respect to any Channeled Claim,
including:
(v) taking any act, by any means or in any manner, in any place
whatsoever, that does not conform to, or comply with, the
provisions of the Plan Documents, with respect to any
Channeled Claims.
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(v) the rights of the parties to the LRP Agreement to enforce the
terms thereof in accordance with the Plan;
(f) Bankruptcy Rule 3016 Compliance. The Debtors' compliance with the
requirements of Bankruptcy Rule 3016 shall not constitute an admission that the Plan provides for an
injunction against conduct not otherwise enjoined under the Bankruptcy Code.
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(v) taking any act, in any manner, in any place whatsoever, that
does not conform to, or comply with, the provisions of the
Plan applicable to any Claim based on, arising under or
attributable to an MDT Insurance Policy.
(b) Reservations. The provisions of this MDT Insurer Injunction shall not
preclude the Master Disbursement Trust from pursuing any Claim based on, arising under or attributable
to an MDT Insurance Policy, any other claim that may exist under any MDT Insurance Policy against any
MDT Insurer, or enjoin the rights of the Master Disbursement Trust to prosecute any action based on or
arising from the MDT Insurance Policies or the rights of the Master Disbursement Trust to assert any
claim, debt, obligation, cause of action or liability for payment against a MDT Insurer based on or arising
from the MDT Insurance Policies. The provisions of this MDT Insurer Injunction are not issued for the
benefit of any MDT Insurer, and no such insurer is a third-party beneficiary of this MDT Insurer
Injunction. This MDT Insurer Injunction shall not enjoin, impair or affect (i) any claims between or
among MDT Insurers that are not Settling MDT Insurers; (ii) the rights of current and former directors,
officers, employees and agents of the Debtors that are not Sackler Family Members that are preserved
under the Plan or (iii) the terms of the Shareholder Settlement Agreement with respect to the MDT
Shareholder Insurance Rights.
(c) Modifications. To the extent the MDT Trustees make a good faith
determination that some or all of the MDT Insurance Proceeds are substantially unrecoverable by the
Master Disbursement Trust, the Master Disbursement Trust shall have the sole and exclusive authority at
any time, upon written notice to any affected MDT Insurer, to terminate, reduce or limit the scope of this
MDT Insurer Injunction with respect to any MDT Insurer, provided that (i) any termination, reduction, or
limitation of the MDT Insurer Injunction (A) shall apply equally to all Classes of Claims, and (B) shall
comply with any procedures set forth in the MDT Agreement and (ii) the termination, reduction or
limitation of the MDT Insurer Injunction as it relates to the MDT Bermuda-Form Insurance Policies shall
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be subject to the consent (not to be unreasonably withheld, conditioned or delayed) of the Creditor
Trustee for the PI Trust.
(v) taking any act, in any manner, in any place whatsoever, that
does not conform to, or comply with, the provisions of the
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To the maximum extent permitted under applicable law, the Confirmation Order
shall permanently enjoin the commencement or prosecution by any Person, whether directly, derivatively
or otherwise, of any Claims, obligations, suits, judgments, damages, demands, debts, rights, Causes of
Action, losses or liabilities released pursuant to this Plan, including, without limitation, the Claims,
obligations, suits, judgments, damages, demands, debts, rights, Causes of Action and liabilities released
or exculpated in this Plan and the Claims, Interests, Liens, other encumbrances or liabilities described in
Section 5.3(b), 5.4(c) or 5.6(b) of the Plan.
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