Regular City Council Meeting - August 10, 2021

CITY OF TITUSVILLE
COUNCIL AGENDA
August 10, 2021

6:30 PM - Council Chamber at City Hall
555 South Washington Avenue, Titusville, FL 32796
Any person who decides to appeal any decision of the City Council with respect to any
matter considered at this meeting will need a record of the proceedings, and for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
Applicants for land use and zoning related items are advised that the resumes of staff
members who prepare applicable staff reports are on file in the City Clerk's Office.
The City desires to accommodate persons with disabilities. Accordingly, any physically
handicapped person, pursuant to Chapter 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
July 13, 2021 (6:30 p.m.), July 27, 2021 (5:30 p.m.), and
special City Council meeting on July 20, 2021.
5. SPECIAL RECOGNITIONS & PRESENTATIONS
6. BOARDS AND COMMISSIONS
7. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-
AGENDA ITEMS)
8. CONSENT AGENDA
A. Change Order #2 to Work Order #3 - Annual Stormwater
Page 1 of 376
and Piping Installation
Approve Change Order #2 to Work Order #3 to contract
CN16B038, Annual Stormwater Piping & Installation to SDV
Services, LLC, in the amount of $433,076 for repairs and
upgrades to the stormwater system at Country Club Drive near
La Cita Golf Course. Also approve the associated
budget amendment and authorize the Mayor and City
Manager to execute the work order per review and approval by
City staff.
B. 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.
C. Resolution No. 25-2021 Approving Temporary Closure of
State Roads for Special Events - Farmer's Markets and
Downtown Street Parties
Approve Resolution No. 25-2021 approving the temporary
closure of S. Washington Avenue (US Highway 1) on selected
Fridays from August 13, 2021 through December 10, 2021 for
Farmer's Markets and Downtown Street Parties.
D. Change Order #1 to Contract #CN20-B-044 with Wharton
Smith, Inc. for City of Titusville Building Permit Fees
Approve Change Order #1 in the amount of $37,296.63 to
contract #CN20-B-044 with Wharton Smith, Inc. for repayment
of the City of Titusville Building Permit fee and authorize the
City Manager to execute the change order.
E. Award of Contract - Julia Street Lighting
Approve award of bid #21-PQ-043 for Julia Street Lighting

Improvements to Rush Facilities, LLC of Titusville, Florida in
the amount of $60,253.24 to construct pedestrian lighting
improvements along Julia Street near the Emma Parrish
Theater. Additionally, authorize the Mayor to execute the
contract or necessary purchasing instrument and approve
associated budget amendment.
F. Resolution No. 26-2021 - Kurt Eichin Memorial Trail
Adopt Resolution No. 26-2021 supporting the naming of a
portion of the Coast to Coast Connector within Brevard County
as the "Kurt Eichin Memorial Trail."
9. ORDINANCES – SECOND READING, PUBLIC HEARING AND
Page 2 of 376
RELATED ACTION
A. Ordinance No. 17-2021 Specific Revisions to the
Firefighters' Pension Plan and established "Share Plan"
to provide special benefits to Firefighters
Conduct the second reading and public hearing
of Ordinance No. 17-2021 - An Ordinance of the City of
Titusville, Florida Amending Chapter 15, Pensions and
Retirement, Article III, Police Officers' and Firefighters'
Pension Plan, of the Code of Ordinances of the City of
Titusville; Amending Division 5, Section 15-222, Benefits
Effective June 30, 2013, And Division 5, Section 15-237,
Supplemental Benefit Component for Special Benefits;
Chapters 175 and 185 Share Accounts.
B. Ordinance No. 18-2021 - Relating to Review of Lot Splits
and Flag Lot Approvals
Conduct the second reading and public hearing of Ordinance
No. 18-2021 amending the Land Development Regulations to
delete provisions related to lot splits and amend provisions related
to flag lots by amending Chapter 30 “Development Standards”
specifically amending Sections 30-140 “Flag lots” and 30-237
“Public streets and private roads in subdivisions”, Chapter 34
“Procedures”, specifically renaming Article III “Subdivisions”
Division 2 “Lot Split”, renaming and amending Section 34-113
“Lot split qualifications”, deleting Sections 34-111 “Intent”, 34-112
“Application” and 34-114 “Approval”, amending Chapter 34
“Procedures” by amending Sections 34-126 “Intent”, 34-143
“Small-scale plat qualifications”, and 34- 214 “Application
classifications and review schedules”, amending Chapter 37
“Definitions” by amending Section 37-1 “Definitions” and
amending “Development Review Procedures Technical Manual”
by deleting Section 8 “Lot Split”, providing for severability, repeal
of conflicting ordinances, effective date and incorporation into the
code.
This ordinance was reviewed by the Planning and

Zoning Commission at their meeting on July 21, 2021
and recommended approval, 5-2. The members that did
not vote in favor of the approval said the ordinance
change did not resolve the problem.
C. Ordinance No. 19-2021 Relating to Floodplain
Regulations
Conduct the second reading and public hearing of Ordinance
No. 19-2021 amending floodplain management standards to be
consistent with Federal Emergency Management Requirements
by amending Chapter 30 “Development Standards”, specifically
amending Sections 30-92 “Applicability”, “(c), Basis For
Establishing Flood Hazard Areas”, 30-100 “Definitions”, and 30-
Page 3 of 376
104 “Manufactured Homes”, “(d), Elevation”, provide for
severability, repeal of conflicting ordinance, effective date and
incorporation into the code.
The Planning and Zoning Commission considered this

ordinance during their meeting on July 21, 2021 and
recommended approval (7:0).
D. Ordinance No. 21-2021 - Community Gardens
Conduct the first reading and first public hearing of Ordinance
No. 21-2021 amending the Code of Ordinances to allow
community gardens as a permitted use in the Public (P) zoning
district and a limited use in Neighborhood Commercial (NC),
General Use (GU), Downtown Mixed Use (DMU) and Regional
Mixed Use (RMU) zoning districts and to expand the limitation
standards; by amending Chapter 28, “Zoning”, specifically
amending Sections 28-54 “Use Table” and 28-271 “Community
Gardens”; providing for severability; repeal of conflicting
ordinances; incorporation into the code; and an effective date.
(This is the first of two required public hearings. The second
and final public hearing is scheduled to be conducted by
City Council on August 24, 2021 at 6:30p.m.)

ordinance at their August 4, 2021 meeting and
recommended approval with an amendment to remove the
screening requirements, 7-0.
Second Reading, Public Hearing and Related Action (Quasi-judicial) THE
FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF
PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST
COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH
CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST
WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR
DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER,
THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED
BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.
E. Conditional Use Permit (CUP) No. 4-2021 Rental Car
Agency, 1206 S. Hopkins Avenue
Approve Conditional Use Permit (CUP) No. 4-2021 to allow a
rental car agency at 1026 S. Hopkins Avenue within the
Midtown Sub-district of the Downtown Mixed Use (DMU)
zoning district. Staff recommends approval.

item during their August 4, 2021 regular meeting and
recommended approval as presented, 7-0. The
Community Redevelopment Agency (CRA) considered
this item prior to the City Council meeting this evening
Page 4 of 376
and that Board's recommendation will be provided at the
Council meeting.
F. Right of Way Vacation (ROW) No. 1-2021 Riverside Drive -

River Palms Condominiums
The applicant has requested tabling this item to the regular City
Council meeting on August 24, 2021 at 6:30 p.m.
The Planning and Zoning Commission (P&Z) considered

this request at their July 7, 2021 regular meeting and
tabled the item to their August 4, 2021 meeting. On
August 4, 2021, the applicant requested tabling this item
to the P&Z meeting on August 18, 2021. At the P&Z
meeting on August 4, 2021, the members tabled this item
to their August 18, 2021 meeting as requested by the
applicant.
10. ORDINANCES-FIRST READING

A. Ordinance No. 14-2021 - Low Impact Development (LID)
This item has been withdrawn by staff and will be rescheduled
for a meeting in September.
B. Ordinance No. 20-2021 - Tree Protection
Conduct the first reading of Ordinance No. 20-2021 amending
the Land Development Regulations to provide for standards of
tree protection including the designation of protected trees,
creation of total canopy and preserved canopy requirements,
standards for removal of heritage trees, establishment of
incentives to preserve trees and reduce mitigation, and amending
critical root zone, tree survey and buffer yard requirements, by
amending Chapter 30 “Development Standards” specifically
amending Sections 30-31 “Intent”, 30-32 “Criteria for removal”,
30-33 “Relocation or replacement of trees” 30-34 “Mitigation
plan”, 30-35 “Exceptions”, 30-39 “Tree removal, permit required”,
30-40 “Tree survey required before permit” 30-324 “Landscape”,
30-334 “Reduction in required landscape yards”, and 30-338
“Natural buffer yards”, and creating new Section 30-31.5 “Canopy
requirements”; providing for grandfather provision, severability,
repeal of conflicting ordinances, effective date and incorporation
into the code. (This is the first reading of the ordinance. The
second reading and public hearing is scheduled to be
conducted by Council on August 24, 2021 at 6:30 PM.)
The Titusville Environmental Commission and the

Planning and Zoning Commission have recommended
tree protection ordinances, which are including in the
agenda packet.
Page 5 of 376
11. OLD BUSINESS
A. American Rescue Plan Act - Farmers Market
Memorandum of Understanding (MOU) with the Greater
Titusville Chamber of Commerce
Approval of the Memorandum of Understanding (MOU) for the
Greater Titusville Chamber of Commerce to operate a
Farmers Market Token Program to be funded by the American
Rescue Plan Act and authorize the Mayor to execute the
agreement.
12. NEW BUSINESS
A. American Rescue Plan Act - Low Income Housing Tax
Credit Development Application Funding Request
Provide direction on the allocation of American Rescue Plan
Act funds for the proposed Forest Glen low-income housing
tax credit housing project located at 2001 South Street.
B. Historic Property Ad Valorem Property Tax Exemption
Code Amendment
Provide advisability on amending the Historic Property Ad
Valorem Tax Exemption Code to be consistent with the Florida
Administrative Code Rule 1A-38.003 (1) Application for
Exemptions.
C. Solid Waste Rate Review
Staff will present the Solid Waste Rate Review.
D. Stormwater Rate Review
Staff will present the Stormwater Rate Review.
13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-

AGENDA ITEMS)
14. MAYOR AND COUNCIL REPORTS
A. Mayor's Report
The Mayor's Report is included in the agenda packet.
B. Council Reports
City Council Members will provide their individual reports.
15. CITY MANAGER’S REPORT
A. City Manager's Report
The City Manager's Report is included in the agenda packet.
16. CITY ATTORNEY’S REPORT
A. Conflict of interest waiver between the City of Titusville
and the Gray/Robinson Law Firm
Page 6 of 376
Authorize the City to waive any conflict of interest it may have in
its representation by the Law Firm of Gray/Robinson and any
of its associates regarding the American Charter
Development rezoning matter in the City of Titusville.
Page 7 of 376
City Council Regular - August 10, 2021 - 6:30 PM
Category: 4.
Item: A.
City of Titusville
To: The Honorable Mayor and City Council

From: William S. Larese, City Manager
Subject: Minutes
Department/Office: City Clerk
Recommended Action:
Approve the minutes of the regular City Council meetings on July 13, 2021 (6:30 p.m.), July
27, 2021 (5:30 p.m.), and special City Council meeting on July 20, 2021.
Summary Explanation & Background:

NA
Alternatives:
NA
Item Budgeted:
NA
Source/use of funds/Budget Book Page:

NA
Strategic Plan:
Strategic Plan Impact:

NA
ATTACHMENTS:
Description Upload Date Type
Draft Minutes - July 13, 2021 (6:30 p.m.) 8/4/2021 Backup
Material
Draft Minutes - July 20, 2021 7/26/2021 Backup
Material
Backup
Page 8 of 376
Draft Minutes - July 27, 2021 (5:30 p.m.) 8/3/2021 Material
Page 9 of 376
Draft Regular Meeting
City Council
Regular Meeting
July 13, 2021
The City of Titusville City Council met in regular session on Tuesday, July 13, 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 Robert Jordan, Joe Robinson, 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 27, 2021 (6:30 p.m.), May 25, 2021 (6:30 p.m.) and June 8, 2021 (6:30 p.m.) as submitted.
Vice Mayor Nelson seconded the motion. The roll call vote was as follows:
Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Vice-Mayor Nelson Yes
Member Stoeckel Yes
The motion carried unanimously.
xxx
SPECIAL RECOGNITIONS & PRESENTATIONS – None.
xxx
City Manager Larese informed Council that staff requested to table Consent Agenda Item C
– Solid Waste Routing Software and Implementation Services to the July 27, 2021 City
Council meeting at 6:30 p.m. Staff also requested to move item 12A – Planning and Zoning
Page 1 of 23
Page 10 of 376
Commission Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment,

to after Board and Commissions Item 6C – Historic Preservation Board Semi-Annual Report.
Motion: Member Jordan moved to table consent agenda item C – Solid Waste Routing
Software and Implementation Services, to the regular City Council meeting on July 27 at
6:30 p.m. and to move item 12A – Planning and Zoning Commission Request – Advisability
Regarding Outdoor Seating and Outdoor Entertainment, to after Board and Commissions
Item 6C – Historic Preservation Board Semi-Annual Report. Vice Mayor Nelson seconded
the motion. The roll call vote was as follows:
Member Jordan Yes

Mayor Diesel Yes
Member Stoeckel Yes
Member Robinson Yes
xxx
BOARDS AND COMMISSIONS
Titusville Environmental Commission (TEC) Recommendation Related to Low Impact

Development (LID) Presentations – City Manager Larese advised the request was to 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.
Kay St. Onge stated that the Marine Research Council issued their Indian River Lagoon report
card and indicated that the North end of the lagoon deserves a grade of F. She showed council
a picture of the Indian River Lagoon that was tainted green from algae blooms, and explained
that 90% of the seagrass died, causing the death of over 300 manatees. Ms. St. Onge stated
that LID would allow storm water to infiltrate into the ground, rather than to the storm drains
that lead to the lagoon. She asked council to allow Dr. Leesa Souto, Executive Director of
the Marine Resource Council, to make a presentation at the July 27, 2021, 5:30 p.m., meeting
with Dr. Charles Jacoby of the St. Johns River Water Management District.
Stan Johnston expressed that the Indian River Lagoon was polluted from stormwater, sewage,
and poison, which was causing the marine life to leave or die. Mr. Johnston expressed that
the Indian River Lagoon was turning into a dead zone and he no longer sees the fish that used
to be in the Lagoon.
William Klien expressed his approval for inviting Dr. Leesa Souto to the City Council
meeting to discuss LID. He also expressed his concern for the Indian River Lagoon and
suggested that the City should try to reduce their storm water runoff, to prevent the pollutants
Page 2 of 23
Page 11 of 376
from entering our waterways. Mr. Klien stated that an estimated 80%-95% of the heavy
metals entering the waters are the result of untreated storm water runoff.
Laurilee Thompson (also a member of the Titusville Environmental Commission)

recommended that Dr. Leesa Souto and Dr. Charles Jacoby speak at the City Council meeting
during their Titusville Environmental Commission’s meeting. Ms. Thompson stated that she
would prefer only Dr. Souto speak at the meeting and allow Dr. Jacoby to speak at a later
time so that they can each have their own time. Ms. Thompson explained that LID was the
science of directing rain water where it was supposed to go and since Titusville was
dependent on the aquifer for our water supplies, the City should focus on the water returning
to the aquifer instead of going into the Indian River Lagoon.
Vice-Mayor Nelson advised that she would like either Dr. Souto or Dr. Jacoby give a
presentation for a second point of view with a ten-minute time limit.
Member Jordan advised that he would not support enforcing LID on every development that
comes into Titusville. Member Jordan stated that he supported LID, but does not want to
enforce it. He was in support of a ten-minute presentation.
Member Robinson stated that he would like to hear the presentation on LID so that he can
make an educated decision on the issues.
Member Stoeckel provided her support for a ten-minute presentation.
Council supported a 10-15 minute presentation from Dr. Leesa Souto of the Marine
Resources Council to provide information about Low Impact Development. This
presentation will be held at the regular City Council meeting (Presentation Meeting) on July
27, 2021 at 5:30 p.m. Council advised that staff did not need to provide their presentation to
Dr. Souto prior to the meeting for comments.
xxx
Titusville Environmental Commission – City Manager Larese advised the request was to
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 was appointed as a regular member, appoint one alternate member to the
Titusville Environmental Commission with an unexpired term to expire on November 30,
2023.
Motion: Vice-Mayor Nelson moved to accept the resignation of Regular Member Bryan
Bobbit effective of June 8, 2021, with regrets. Member Jordan seconded thee motion. The
roll call vote was as follows:
Page 3 of 23
Page 12 of 376
Mayor Diesel Yes

Vice Mayor Nelson Yes
Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes
Member Robinson recommended that Laurilee Thompson be appointed as a Regular Member

to the Titusville Environmental Commission. with a term to expire on November 30, 2021.
Mayor Diesel stated that Laurilee Thompson was very educated on the environmental aspects
of our City and agreed with Member Robinson to appoint Laurilee Thompson.
Stan Johnston expressed his support for appointing Laurilee Thompson as a regular member
to the Titusville Environmental Commission.
Motion:
Member Robinson moved to appoint Alternate Member Laurilee Thompson (non-resident)
as a Regular Member to the Titusville Environmental Commission for an unexpired term to
expire on November 30, 2021. Member Jordan seconded the motion. The roll call vote was
as follows:

Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
City Manager Larese stated that Titusville Environmental Commission had one application
for an Alternate Member.
Vice-Mayor Nelson recommended that staff continue to advertise the position to allow for
other applicants to apply to the commission.
Stan Johnston discussed the sewage spill that occurred in the Community Redevelopment
Agency and suggested that as a professional engineer, he was a good member to add to the
Titusville Environmental Commission. Mr. Johnston commented on his references.
Member Robinson commented on the application on file, etc.
Page 4 of 23
Page 13 of 376
City Attorney Broome stated that council has tabled an appointment in the past when there
are limited applicants.
Member Stoeckel advised that she supported advertising for an alternate member before
voting on the appointment.
Motion: Vice-Mayor Nelson moved to advertise the vacancy of the alternate member
position. Member Jordan seconded the motion:
Member Stoeckel Yes

Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
xxx
Historic Preservation Board Semi-Annual Report - City Manager Larese advised that the
Historic Preservation Board’s semi-annual written report was included in the agenda packet.
No action was required.
xxx
Planning and Zoning Commission Request – Advisability Regarding Outdoor Seating and Outdoor
Entertainment – City Manager Larese advised the request was to provide direction regarding the
Planning and Zoning Commission's request to approve advisability to review outdoor seating and
outdoor entertainment code provisions.
Council agreed that since there were not any issues with the current outdoor seating and
entertainment, they were not going to change anything at this time.
Nathan Slusher expressed that he would not like to see any changes in the outdoor seating and
entertainment and just because a few restaurants were having problems does not mean that all the
restaurants should be punished.
Stuart Buchanan advised Council that with the exception to the chair, none of the Planning and
Zoning Commission members were aware that there was already a permitting process in place.
Dwight Severs, Chairman for the Planning and Zoning Commission, advised council that he would
answer any questions about the issue. He explained that the Land Development Regulations,
Section 28-361 indicated that outdoor seating was limited, but did not set a criteria or standards.
Mr. Severs stated this was why the Planning and Zoning Commission recommended it be
Page 5 of 23
Page 14 of 376
reviewed, so Council can set the standards. Mr. Severs stated that there was no interest in limiting
restaurant’s ability to have outdoor seating.
Stan Johnston provided comments and stated that he agreed with Mr. Severs.
Laura Ward stated that the only issue she had was with amplified music for outside entertainment.
Motion: Member Jordan moved to not move forward with the Planning and Zoning Commission
Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment. Member Stoeckel
seconded the motion. The roll call vote was as follows:
Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Member Stoeckel Yes
No changes would be made to the outdoor seating and outdoor entertainment code provisions
at this time.
xxx
Mayor Diesel called for a five-minute recess from 7:35 p.m. to 7:40 p.m.
xxx
City Manager Larese requested to hear Item 9D - Right of Way (ROW) No. 1-2021 Riverside
Drive – River Palms Condominiums at this point in the meeting.
Motion: Member Jordan moved to hear Item 9D – Right of Way (ROW) No. 1-2021
Riverside Drive at this point in the meeting. Vice-Mayor Nelson seconded the motion. The
roll call vote was as follows:
Member Jordan Yes

Mayor Diesel Yes
Member Stoeckel Yes
Member Robinson Yes
xxx
Page 6 of 23
Page 15 of 376
Right of Way (ROW) No. 1-2021 Riverside Drive – River Palms Condominiums – City
Manager Larese advised this was 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.
The applicant submitted a request to vacate a portion of Riverside Drive, 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.
The staff recommended approval of the request to vacate the right of way with the following
conditions. First, 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. Second, in
the event that compliance with the conditions set forth herein was not achieved within 180
days of the date of approval of this vacation, this resolution shall become null and void.
Planning Manager Brad Parrish advised that the Planning and Zoning Commission
recommended that the City send out notices to more of the surrounding property owners and
post new signs on the property.
Mayor Diesel suggested tabling this item and posting signs in places where more people can
see them.
Member Jordan asked what the requirements were for the notices. Planning Manager Brad
Parish clarified that the Planning and Zoning Commission’s recommendations were to notice
all residents of Indian River Avenue and Riverside Drive, which was more than the
requirements.
Vice-Mayor Nelson does not recommend sending out more notices, but supported putting up
more signs on the property.
Member Stoeckel stated that there were some citizen concerns and suggested tabling the item
until further notice so that citizens can address their concerns, as well as the safety issues.
Member Stoeckel was against sending out more notices, but supported better signage on the
property.
Heidi Crafton expressed her concern for the traffic study, because it only studied the west
side of US1 and did not include Riverside Drive. She asked council to listen to the citizen’s
concerns and not just focus on the traffic study.
Page 7 of 23
Page 16 of 376
Susan Palma expressed her support for closing the road, but stated that it would affect her
neighborhood traffic even though the traffic study suggested that it would not affect the
traffic.
Lindsay Deshetler thanked staff for answering her questions prior to the meeting and thanked
council for tabling the item to allow more citizens the opportunity to speak on it.
Dwight Severs stated that the road was closed where the sign notices were posted. Mr. Severs
recommended that the notices be sent to all residents of Riverside Drive.
Council requested the reposting of signs on the property to provide notice to the residents and
citizens. Council requested the signs be posted in more visible locations. Council did not
authorize sending notices to all residents of Indian River Avenue and Riverside Drive since
staff followed the procedures of the Land Development Regulations and provided notice to
all residents within 500 feet of the property.
Motion: Member Jordan moved to table Right of Way (ROW) No. 1-2021 Riverside Drive
to the regular City Council Meeting on August 10, 2021. Vice-Mayor Nelson seconded the
motion. The roll call vote was as follows:
Mayor Diesel Yes

Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes
xxx
PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)
Brenda Pittman from First United Methodist Church stated that the church would like to
create a community vegetable garden on a piece of the church property and the code did not
allow this on the property.
Lisa Mosier from Frist United Methodist Church asked council for a conditional use permit
to allow the church to have a community vegetable garden.
Community Development Director Peggy Busacca explained that the garden would not
require a conditional use permit, but it would require advisability from council for staff to
develop an ordinance, to allow this garden. She explained that this process would take at least
a couple of months.
Page 8 of 23
Page 17 of 376
Council provided advisability, by consensus, for staff to prepare an ordinance to allow a

Community Garden in the Downtown Mixed-Use District.
Kristoffer Harvey asked if the church could plant vegetables on the property without inviting
the public to come on the property.
Stan Johnston stated that he would be attending West Virginia Day at Fox Lake Park the last
Sunday in September from 12:30 p.m. to 3:00 p.m. He also stated that he was having a public
forum on July 13, 2021 from 5:00 p.m. – 6:00 p.m. by the causeway regarding the Indian
River Lagoon. Mr. Johnston also discussed the sewage spill that occurred in the Community
Redevelopment Agency.
Rick Gutherie discussed the trash and tires that he had seen on the side of the road. Mr.
Gutherie also discussed the amount of plastic at the dump and the various ways it was being
used, such as grave liners. Mr. Gutherie suggest council looks into opening a fuel plant.
xxx
CONSENT AGENDA
City Clerk Wanda Wells advised that there were four cards submitted for the consent agenda items
from one individual.
City Manager Scott Larese read Consent Agenda Items A through G, as followed:
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 – This item was tabled
to the regular City Council meeting on July 27 at 6:30 p.m. earlier in the meeting.
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
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.
Page 9 of 23
Page 18 of 376
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.
Stan Johnston discussed Consent Agenda Item E – Stormwater Cured in Place Pipe (CIPP) Liner.
Mr. Johnston stated that Water Resources Director Sean Stauffer would not answer the questions
related to the purchase of this land, as well as, Sand Point Park. Mr. Johnston supported Items 8b,
8d, and 8f.
Motion:
Member Jordan moved to approve Consent Agenda item 8A, 8B, and 8D through 8G in accordance
with recommendations. Member Stoeckel seconded the motion. The roll call vote was as follows:

Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
xxx
ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION
Ordinance No. 15-2021 Relating to Breweries - 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 (UV) 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
Page 10 of 23
Page 19 of 376
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. 15-2021.
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 was within 100 feet of a residential use, otherwise the brewpub use should be permitted
as a limited use.
Nicole Corning advised that the revised ordinance would attract more distilleries and craft
breweries and help Titusville to become more of a destination for tourist. Ms. Corning thanked
council for considering this ordinance change.
Edward Irvin stated that he had been in the craft beer industry professionally since 2013. Mr. Irvin
stated that he had seen many breweries positively impact areas, and believed that Ordinance No.
15-2021 would help to attract more people to Titusville.
Laura Ward asked council why Shoreline Mixed Use (SMU) did not require a conditional use
permit, but Urban Mixed Use (UMU) did require a permit. Planning Manager Brad Parish
explained that the Planning and Zoning Commission recommended this for Urban Mixed Use
District, but not for the other zoning districts. Ms. Ward stated that she believed that the Shoreline
Mixed Use District should require a conditional use permit.
Motion:
Member Jordan moved to approve Ordinance No. 15-2021 Relating to Breweries as recommended
by staff. Vice-Mayor Nelson seconded the motion. The roll call vote was as follows:
Member Stoeckel Yes

Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
The approval did not include the recommendation from the Planning and Zoning Commission.
xxx
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
Page 11 of 23
Page 20 of 376
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.
City Manager Larese advised that the recommended action was to conduct the second reading
and public hearing for Ordinance No. 16-2021.
Engineer Manager Ashleigh Smith advised that this code would apply to all existing and new
facilities that have food establishments, allowing for an internal or external device depending
on the establishment.
Nathan Slusher stated that he had spoken to business owners who were concerned about
Ordinance No. 16-2021, related to the cost of hiring a design professional. Mr. Slusher stated
that the grant money from the American Rescue Plan would eventually run out so it would
be a short-term solution, instead of a long-term solution.
Motion:
Member Jordan moved to approve Ordinance No. 16-2021 Grease Interceptors, as
recommended by staff. Vice Mayor Nelson seconded the motion. The roll call vote was as
follows:
Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Member Stoeckel Yes
xxx
Transmittal of Vision Based Comprehensive Plan Amendment Application No. 1-2021 – City
Manager Larese advised this was to 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 recommended 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 did not have enough time to review the document and cannot support it at this time.
Planning Manager Brad Parrish expressed that the remaining issues that were outstanding
according to the Planning and Zoning Commission and public were the environmental
Page 12 of 23
Page 21 of 376
policies that are in the Comprehensive Plan, including loss of wetlands and the Indian River
Lagoon.
Member Robinson asked Planning Manager Brad Parrish if the City was able to make
changes to the Comprehensive Plan after it had already been approved by the state. Mr.
Parrish explained that as long as they are only insignificant changes, the City could have the
revisions reapproved by the state.
Laura Ward expressed that she did not support some of the items taken out of the
Comprehensive Plan, including the requirements for multi-family housing to be on either a
collector or arterial road. Ms. Ward explained that taking this requirement out would allow
a multi-family home to be built in the middle of a neighborhood.
Mary Sphar, from the Sierra Club, suggested improvements to the wetland language to
prevent the filling of wetlands and to protect the wetlands near the Indian River Lagoon.
Motion:
Member Jordan moved to approve the Transmittal of Vision Based Comprehensive Plan
Amendment Application No. 1-2021 as recommended by staff. Member Stoeckel seconded
the motion. The roll call vote was as follows:
Member Jordan Yes

Mayor Diesel Yes
Member Stoeckel Yes
Member Robinson Yes
xxx
Right of Way (ROW) No. 1-2021 Riverside Drive – River Palms Condominiums - to vacate
a portion of Riverside Drive with conditions and adopt related Resolution No. 22- 2021.
This item was considered earlier in the meeting.
xxx
Conditional Use Permit (CUP) No. 1-2021 Kennedy Point Marina – City Manager Larese
advised this was 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.
Page 13 of 23
Page 22 of 376
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.
Community Development Director Peggy Busacca reviewed the application, which proposed
168 residential units, commercial space and a yacht club on this property. The applicant was
requesting the continuation of marina use, 240 square feet of office space, and boat rentals.
Kent Oliver, the owner of Kennedy Point Marina, discussed his future plans for Kennedy
Point Marina. He explained that the 240 Square foot of office space was a refurbished storage
container that was used for the Boat Club’s convenience. Mr. Oliver explained that he
planned on renting out boats after the completion of the hotel and resort.
Thomas Guiton commented on an agreement between him and Kent Oliver on a piece of land
by the Marina.
Motion:
Member Jordan moved to approve Conditional Use Permit (CUP) No. 1-2021 Kennedy Point
Marina as recommended by staff and the Planning and Zoning Commission with the
following conditions: (1) Sewage pump out facilities shall remain available if providing
service to boards with onboard facilities and (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. Vice-
Mayor Nelson seconded the motion. The roll call vote was as follows:
Mayor Diesel Yes

Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes
xxx
Conditional Use Permit (CUP) No. 2-2021, 4005-3945 Capron Road – City Manager Larese
advised this was to allow a warehousing and wholesale use to be located at 4005 and 3945
Capron Road with one condition.
Community Development Director Peggy Busacca explained that staff recommended

approval of CUP No. 2-2021 with one condition to install landscaping consistent with the
approved 2009 site plan.
Page 14 of 23
Page 23 of 376
Motion:
Member Jordan moved to approve Conditional Use Permit (CUP) No. 2-2021, 4005-3945
Capron Road as recommended by staff and the Planning and Zoning Commission with the
following condition: (1) To install landscaping consistent with the approved 2009 site plan.
Vice-Mayor Nelson seconded the motion. The roll call vote was as follows:
Member Stoeckel Yes

Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
xxx
Conditional Use Permit (CUP) No. 3-2021 - 1450 Harrison Street, Grove Church School
- City Manager Larese advised that this was to allow the operation of a preschool (childcare
facility use) within the existing church located at 1450 Harrison Street with conditions.
Kris Harvey discussed the traffic study that was recommended by staff. He explained to
council that the parents would have to park and walk in with their children, not drop them
off. He also stated that the maximum number of children who would attend the school was
119 and there are over 200 parking spots currently. Kris Harvey asked council not to require
a traffic study because he did not believe it was needed.
Dustin Sams mentioned that the children at the preschool were from 8 weeks old to 4 years
old and would not be dropped off and that the parents would have to park and check them in
at school. He asked council to not require a traffic study.
Motion:
Vice-Mayor Nelson moved to approve Conditional Use Permit (CUP) No. 3-2021 – 1450
Harrison Street, Grove Church School as recommended by staff and the Planning Zoning
Commission with the following condition: (1) Add landscaping between Barna Avenue and
the proposed play area consistent with the landscape plan approved with Conditional Use
Permit No. 2-2017. Member Jordan seconded the motion. The roll call vote was as follows:
Member Robinson No
Member Jordan Yes
Mayor Diesel Yes
Page 15 of 23
Page 24 of 376
Member Stoeckel Yes
The motion carried 4:1.
Council did not include the second condition recommended by staff to provide a traffic study
to address peak hour traffic impacts after further discussing the pick-up and drop-off of the
children with the applicant.
xxx
City Manager Larese asked council to consider Item 12E Verona Village D Sketch Plat at this
time in the meeting.
Motion: Vice Mayor Nelson moved to hear Item 12E - Verona, Village D - Sketch Plat at this
time in the meeting. Member Jordan seconded the motion. The roll call vote was as follows:
Member Jordan Yes

Mayor Diesel Yes
Member Stoeckel Yes
Member Robinson Yes
xxx
Verona, Village D - Sketch Plat – City Manager Larese advised that the request was to
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.
Rodney Honeycutt requested approval for the sketch plat for the next village in the Verona
Subdivision.
Motion: Member Jordan moved to approve Verona Village D – Sketch Plat, as recommended
by staff and the Planning and Zoning Commission. Vice-Mayor Nelson seconded the motion.
The roll call vote was as follows:
Mayor Diesel Yes

Member Stoeckel Yes
Member Robinson Yes
Page 16 of 23
Page 25 of 376
Member Jordan Yes
xxx
ORDINANCES-FIRST READING – None
xxx
OLD BUSINESS – None
xxx
NEW BUSINESS
Planning and Zoning Commission Request – Advisability Regarding Outdoor Seating and Outdoor
Entertainment – This item was considered earlier in the meeting.
xxx
Utilization of American Rescue Plan Act (ARPA) Funds – City Manager Larese advised that the
request was to provide guidance on initial utilization of ARPA Funds.
There are four eligible categories of expenditures for these 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.
Motion: Member Jordan moved to approve the Utilization of American Rescue Plan Act (ARPA)
Funds, as recommended. Vice-Mayor Nelson seconded the motion. The roll call vote was as
follows:

Member Stoeckel Yes
Member Robinson Yes
Page 17 of 23
Page 26 of 376
Member Jordan Yes

Mayor Diesel Yes
xxx
American Rescue Plan Act - Farmers Market – City Manager Larese advised that the request was
to 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 proposed 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. It was
estimated that the total cost to operate the program was $332,000. American Rescue Plan Act funds
would pay for the program.
Motion: Member Jordan moved to 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 as recommended by staff. Vice-Mayor Nelson seconded the motion. The roll
call vote was as follows:
Member Stoeckel Yes

Member Robinson Yes
Member Jordan Yes
Mayor Diesel Yes
Motion: Member Jordan moved to approve the budget amendment in the amount of $332,000 for
the American Rescue Plan Act – Farmers Market, as recommended by staff. Vice-Mayor Nelson
seconded the motion. The roll call vote was as follows:
Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Member Stoeckel Yes
xxx
Page 18 of 23
Page 27 of 376
Member Stoeckel moved to extend the meeting until 10:45 p.m. By consensus, council extended
the meeting.
xxx
American Rescue Plan Act (ARPA) COVID-19 Community Assistance Programs Implementation
– City Manager Larese advised that the request was to approve the implementation of the COVID-
19 community assistance programs provided under the American Rescue Plan Act through the
Neighborhood Services Department.
Highlights of the program are:
• Provide assistance to those households that have experienced a disproportionately

economic impact or who have experienced a job loss or reduction of income directly
related to the public health emergency (COVID-19) with rent, mortgages, and utilities
payments.
• Through a Request for Proposal process and/or applications for low-income tax credit
projects, allocate funding to developers to increase the supply of affordable and high-
quality housing for the homeless.
• Through a Request for Proposal process, provide funding to service providers to provide
ARPA eligible services such as:
o Food assistance
o Job training or other efforts, such as transportation to and from jobsite or
o interview, to accelerate rehiring and reduce unemployment
o Counseling and Legal Aid to prevent eviction or homelessness
o Community violence intervention programs
o Navigators to assist the community in applying for public benefits
o Supportive housing services for those experiencing homelessness
o Early learning services, educational services like tutoring or afterschool programs,
o and support for students' social, emotional, and mental health needs
o Child care or home visiting programs for families with children
Staff identified an application period of August 1, 2021 through September 1, 2021 for the
Request for Proposal Cycle, for service providers. Staff also expected to issue a Request for
Proposal for affordable housing around the same timeframe.
Jason Larson, an affordable housing provider form Housing Trust Group, expressed his interest in
submitting a proposal for the Affordable Housing Project for the Homeless. This would bring in
another $17,000,000, which Mr. Larson said would be used to build a mixed-income development
with units set aside for homeless households.
Member Jordan expressed his support for the affordable housing project. Neighborhood Services
Director Terrie Franklin explained that Mr. Larson would have to submit an application to the City
to be reviewed and then Neighborhood Services would make the recommendations to Council.
Page 19 of 23
Page 28 of 376
xxx
Motion: Vice-Mayor Nelson moved to extend the meeting to 11:00 p.m. Member Jordan seconded
the motion.
xxx
Motion: Member Jordan moved to approve the implementation of the COVID-19 community
assistance programs provided under the American Rescue Plan Act through the Neighborhood
Services Department, as recommended by staff. Vice-Mayor Nelson seconded the motion. The roll
call vote was as follows:
Member Jordan Yes

Mayor Diesel Yes
Member Stoeckel Yes
Member Robinson Yes
Motion: Member Jordan moved to approve the budget amendment in the amount of $1.2 million
dollars for the American Rescue Plan Act Covid-19 Community Assistance Programs
Implementation, as recommended by staff. Vice-Mayor Nelson seconded the motion. The roll call
vote was as follows:
Mayor Diesel Yes

Member Stoeckel Yes
Member Robinson Yes
Member Jordan Yes
xxx
Verona, Village D - Sketch Plat – This item was considered earlier in the meeting.
xxx
PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)-

None.
Page 20 of 23
Page 29 of 376
xxx
MAYOR AND COUNCIL REPORTS
Mayor's Report – Mayor Diesel submitted his written report.
Mayor Diesel stated that the Red White and Boom event went very well.
xxx
Council Reports –
Member Robinson advised that he went to Orlando to attend the Metro Transportation Planning
Organization.
xxx
Member Stoeckel informed Council that the Space Coast League of City’s meeting are now in
person. She invited the council to attend the general meeting and dinner.
xxx
Member Stoeckel also mentioned that on Friday, she would be in Orlando for a Policy Committee
meeting to discuss short term rentals and regulations for smoking on beaches and in the parks.
xxx
City Managers Report – City Manager Larese submitted his written report.
xxx
City Manager Larese stated that staff was requesting Council authorize a $1,895 change order to
the Marina Storage building contract (MM2002). This amount covered a price increase in the cost
of lumber needed to complete the Storage building and raised 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.
Motion: Member Jordan moved to approve the change order of $1,895 to Marina Storage Building
Contract (MM2002), as recommended by staff. Vice Mayor Nelson seconded the motion.
xxx
City Manager Larese stated the proclamation Termination of City of Titusville Local Emergency
Order started on July 1, 2021.
Page 21 of 23
Page 30 of 376
xxx
City Manager Larese also advised the Council that the fifth annual Talking Points would be
released on Wednesday or Thursday of that week.
xxx
CITY ATTORNEY’S REPORT –
Increase in hourly rate for legal representation by Jeffrey Mandel and the Firm of Fisher & Phillips
effective October 1, 2021 – City Attorney Broome advised the request was to 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.
Motion: Member Jordan moved to authorize Council to approve Attorney Jeffrey Mandel and the
firm of Fischer & Phillips increase in hourly rate for legal services on behalf of the city, as
recommended. Vice-Mayor Nelson seconded the motion.

xxx
Engagement Letter from Attorney Thomas A. Cloud of GrayRobinson, P.A. – City Attorney
Broome advised the request was to authorize approval of the Engagement Letter of Representation
from Attorney Thomas A. Cloud of GrayRobinson, P.A.
Motion: Member Jordan moved to authorize approval of the Engagement Letter of Representation
from Attorney Thomas A. Cloud of GrayRobinson, P.A., as recommended. Vice-Mayor Nelson
seconded the motion.
xxx
Purdue Pharma L.P. et al, Chapter 11 Bankruptcy Ballot for Voting to accept or reject debtor's
amended Chapter 11 Plan – City Attorney Broome advised that the request was to 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
Motion: Member Jordan moved to 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.
Vice-Mayor Nelson seconded the motion.

xxx
Page 22 of 23
Page 31 of 376
City Attorney Broome distributed an engagement letter from Nikki Day with Bryant Miller Olive
P.A. to provide special counsel legal services – procedures and code reviews. No action required.
xxx
With no further business to discuss, the meeting adjourned at 10:55 p.m.
______________________________
Daniel E. Diesel, Mayor
ATTEST:
__________________________
Wanda F. Wells, City Clerk
Page 23 of 23
Page 32 of 376
City Council
Special Meeting
July 20, 2021
The City of Titusville City Council met in special session on Tuesday, July 20, 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 5:30 p.m. Those present in the
Council Chamber included Mayor Daniel Diesel, Vice-Mayor Jo Lynn Nelson, City Council
Members Robert Jordan, Joe Robinson, and Sarah Stoeckel, City Manager Scott Larese, City
Attorney Richard Broome, and Senior Administrative Assistant Emily Campbell, who completed
the minutes of the meeting.
Mayor Diesel requested a moment of silence, followed by leading those present in the Pledge of
Allegiance to the Flag. Assistant City Clerk Donhoff read the procedure for public comment and
participation.
xxx
The purpose of the meeting was, as followed:
Tree Protection Workshop - City Manager Larese reviewed the purpose of the special City Council
meeting, as provided on the meeting agenda.
The goal of the workshop was to inform Council of the current status of the tree protection
ordinance, and to receive questions from Council to ensure they are provided with adequate
information to feel comfortable reviewing the ordinance during the public hearing process.
Requests for additional information expressed at the workshop would assist staff time in preparing
for the ordinance public hearing.
Community Development Director Peggy Busacca stated that staff started the tree protection
ordinance in May of 2019 with Council advisability and have had Titusville Environmental
Commission reviews, Planning and Zoning Commission reviews and workshops. Staff was
advised to focus on mandatory preservation, increased penalties for “untouchable” trees, concerns
about clear cutting, and quick wins.
City Attorney Broome read the Private Property Rights 70-001 also known as Bert Harris, which
provides relief to private property owners who are unfairly affected by government action. City
Attorney Broome then explained that the current City Code does provide property owners the
ability to seek variances from the Board of Adjustments and Appeals and administrative waivers
if they can not comply. There was also Chapter 34 Article 10 Beneficial Use Process, which was
a process available to property owners who believe that all beneficial use of their property has
been denied by application of our Land Development Regulations. In that case, City Council can
provide relief from regulations instead of the property owners going to court.
Page 1 of 6
Page 33 of 376
Community Development Director Peggy Busacca provided a powerpoint presentation and

highlighted as followed:
• Workshop Goals
• Tree Protection Timeline
• Draft Ordinances
• 2019 Council Advisability
• State Regulatory Structure
• Major Issues
• Current Code
• Protected Trees by Diameter at Breast Height
• Natural Area Preservation
• Minimum Canopy Requirements
• Tree Removal Criteria
• Approval Process
• Heritage Tree Removal Process
• Mitigation
• Public Landscaping Trust Fund Contributions
Member Robinson asked staff to include the intent for the different sections as well as the
different opinions from the Planning and Zoning Commission, Titusville Environmental
Commission, and staff.
Member Jordan expressed that Government should not be in the business to prevent smart
development, but instead should work with developers to preserve as many trees as possible
without making it mandatory. Member Jordan expressed he would like to stick to what council
originally asked for, which was mandatory preservation/increase penalties for “untouchable”
trees, and determine the definition of “untouchable” trees. Member Jordan clarified that he can
not support anything that gets in the way of smart development.
Council asked for clarification on the definition of clear cutting. Community Development
Director Peggy Busacca explained that it was an agricultural term and that in the current code,
clear cutting was prevented.
Member Jordan suggested giving the administrators more leeway to make decisions, instead of
making the developer go through the Board of Adjustments and Appeals, to make it cheaper and
easier on the developer.
Mayor Diesel expressed that staff and council need to all interpret and understand the ordinance
to prevent confusion now and in the future.
Member Stoeckel reviewed with Development Director Peggy Busacca the main issues that staff
needs council to give their intent on, including untouchable trees, heritage trees, canopy
percentage, mitigation requirements, incentives, and waivers and appeals.
Vice-Mayor Nelson stated that all of the ordinances in the packer were well written.
Page 2 of 6
Page 34 of 376
xxx
Public Comment –
Kay St. Onge spoke for the Titusville Tree Team. She read from a prepared statement that
reviewed her concern with clear cutting, removal of heritage trees, and who was hearing the
appeals. Ms. St. Onge asked for clarification on what type and size of tree was considered a
heritage tree. She asked council to preserve at least 25% of trees for the sake of the Indian River
Lagoon.
Nathan Slusher asked if it was necessary to create new laws because what if we required trees to
be added to a development and the trees were to die in the future. Mr. Slusher asked if there was
some kind of follow up Council could do after five to ten years. Mr. Slusher suggested council
could just ask the people to protect the trees, instead of making it a legal matter.
Dwight Severs, the chairmen of the Planning and Zoning Commission, expressed to council that
he was available for any questions or issues. Mr. Severs explained that the Planning and Zoning
Commission listened to the developers as well as the people who want to protect the trees and
came up with a compromise. Mr. Severs stated that staff’s version of the ordinance needed more
clarity and that the Planning and Zoning Commission tried to accomplish this through their
recommendations.
William Klein stated that eliminating tree canopies increased the temperature 10-15 degrees. Mr.
Klein expressed that the critically poor condition of the Indian River Lagoon was caused by
developments that cut down trees and filled in wetlands. Mr. Klein stated the algae bloom and
lack of seagrass caused the starvation of over 300 manatees in Brevard. He asked council to
protect existing trees, and require 40-60% of tree canopy in Titusville.
Kim Rezanka, from the Law Firm Lacey Lyons Rezanka, asked for the public purpose of the
ordinance. She stated that City Council should have the final say of the ordinance. She expressed
that going from a four-page ordinance to a twelve-page ordinance was over regulation. She asked
that staff add back section D related to the sketch plat because of the engineering cost required
for the sketch plat. Ms. Rezanka stated that a vocal minority asked for these changes and it is
unfair to many property owners.
Marlys Breckle reminded council that trees reduced stormwater runoff and recharged the aquifer.
She explained that tree canopy over parking lots or streets helped to reduce stormwater, and that
a mature oak tree can transpire 400 gallons of water in one day. Ms. Breckles stated that trees are
an investment to Titusville, not an expense.
Troy Post, the Executive Director for the North Brevard Economic Development Zone,
expressed the concern he was hearing about this ordinance and whether it was going to apply to
commercial and industrial properties. He expressed that developers already had so many laws
and regulations they had to follow that adding more can make lots undesirable and turn people
Page 3 of 6
Page 35 of 376
away from building in Titusville. Mr. Post stated that he supported the staff’s version of the
ordinance.
Matt Williams, a local Brevard County Developer, expressed that the ordinance as proposed
would prevent a lot of businesses from moving forward in Titusville because of the financial
burden.
Mary Sphar stated that she believed the ordinance needed to provide a balance between
economic and environmental concerns to prevent mitigation. She stated that staff tried to provide
a balanced ordinance that was simple, but in her opinion, it was too simple. Ms. Sphar suggest
increasing the canopy requirements and asked staff to update their ordinance.
Richard Kern, from Honeycutt Engineer, expressed his support for the Planning and Zoning
Commission’s ordinance, but supported the staff’s version of the canopy preservation
requirements. Mr. Kern suggested that Council should hear the appeals for the heritage trees
instead of the Board of Adjustment and Appeals.
Patricia Weeks, the 2021 President for the Space Coast Association of Realtors, stated that she
believed private property rights need to be protected, whether it be commercial or industrial land.
She expressed that oak tree roots can be very bad for foundations, roads, and sewer systems.
Bruce Moia represented the Space Coast Homebuilders and Contractors Association. He hoped
that Council would consider adding the sketch plat back to the ordinance because of the
investment people have already made by that point. Mr. Moia explained that he would support
staff’s version of the ordinance or go back to the previous ordinance.
xxx
Council individually discussed their questions and concerns with staff.
City Manager Larese stated that staff needed guidance from Council for any adjustments they need
to make and if they are substantial, the first reading would not be ready by the Regular City Council
meeting on July 27, 2021.
Mayor Diesel stated that the ordinance needed to have an environmental and economic
compromise so that Titusville can grow while keeping trees in mind.
Member Jordan stated that he did not want to hurt the economic development with the tree
ordinance. He stated that staff was not ready to have the first reading yet and his opinion would be
to leave things how they were, and make sure the sketch plat was in the ordinance. Member Jordan
stated that he can not support the requirements on industrial or commercial developments. Member
Jordan asked Woody Rice for his opinions on the ordinance.
Page 4 of 6
Page 36 of 376
Woody Rice stated that he was one of the newest members of the Planning and Zoning
Commission. He stated that their July 7, 2021 meeting was supposed to be used to clean up the
ordinance, but instead they ended up changing things, which disappointed him. He stated that staff
needed to define the problem, which he believed was clear cutting Brookshire, a planned single-
family homes neighborhood, and residential sites. Mr. Rice stated that maybe council and staff
should make the intent to preserve canopy internal to a subdivision.
Member Stoeckel stated that she was in support of staff’s version, but was interested in the
commercial and industrial requirements and would need to see a map to decide if it was needed or
should be eliminated. Member Stoeckel stated that she would like to include Section 12D related
to the sketch plat and would like Council to hear waivers and appeals.
Mayor Diesel stated that Community Development Director Peggy Busacca did a great job and
asked what her time frame would be to finish this ordinance. Ms. Busacca stated that staff should
be able to complete the ordinance in two weeks and present it at the regular City Council Meeting
on August 10, 2021. She suggested tabling the first reading to August 10, 2021 and tabling the
public hearing to August 24, 2021.
Vice-Mayor Nelson stated that the staff’s version of the ordinance was the easiest to follow. She
agrees with adding the sketch plat and believes the wetlands only getting 50% credit was low.
Vice-Mayor Nelson also wanted Council to approve waivers and appeals and the administrators
could give out extra waivers. Vice-Mayor Nelson stated she would like to preserve the heritage
trees when able, with incentives.
Member Robinson stated that council needed to decide what Titusville’s goals were and come to
a compromise between economic and environmental issues going into the future. Member
Robinson stated that staff’s version was the easiest to follow and council needed to decide what
the intent was and to stick to it.
Mayor Diesel thanked the people who spoke and stated that it was important for the economic and
environmental side to come together and compromise in order for Titusville to be the best it could
be in the future.
xxx
______________________________
ATTEST:
Page 5 of 6
Page 37 of 376
__________________________________
Page 6 of 6
Page 38 of 376
City Council
Regular Meeting
July 27, 2021
The City of Titusville City Council met in regular session on Tuesday, July 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 5:30 p.m. Those present
in the Council Chamber 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. 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 procedures for public comment and
participation.
xxx
SPECIAL RECOGNITIONS & PRESENTATIONS
Titusville Fire Department – Titusville Fire & Emergency Services Operations Chief John
Hustoles played a video that highlighted various aspects of the Department, including the
delivery of services to the public, staff training and education, logistics, fire safety inspections,
etc.
Discussion occurred on medical transport versus fire engine response calls, response times,
Insurance Services Office (ISO) rankings and benchmarks to achieve the Class One (highest)
ranking, reduced insurance costs for citizens, fire safety inspections, less visible ways the Fire
Department served the community, etc.
xxx
FY 22 North Brevard Parks & Recreation Budget – North Area Parks and Recreation Operations
Manager Jeff Davis distributed and presented information on the Fiscal Year (FY) 2022 North
Brevard Parks & Recreation proposed budget. The request was to accept the presentation.
Brief discussion occurred on proposed park improvements, improvement concepts, activities, etc.
Stan Johnston submitted a public speaking card. He distributed information and reviewed his
concerns on the meeting agenda packet and the information that he distributed that concerned
Sand Point Park.
Motion:
Member Jordan moved to accept the presentation on the FY 2022 North Brevard Parks &
Recreation proposed budget. Vice-Mayor Nelson seconded the motion and the roll call vote was:
Draft Minutes – July 27, 2021 (5:30 p.m.)

Page 39 of 376
Member Robinson Yes

Member Jordan Yes
Mayor Diesel Yes
Member Stoeckel Yes
xxx
Low Impact Development (LID) - Presentation by Dr. Leesa Souto, Executive Director, Marine
Resources Council - Dr. Leesa Souto, Executive Director of the Marine Resources Council
distributed information. She discussed the poor quality and habitat health of the Indian River
Lagoon and how these matters could be improved by the use of low impact development
practices or requirements. Dr. Souto also reviewed information provided under the education tab
of the Marine Resources Council website (website address: https://savetheirl.org/education/low-
impact-development/). Dr. Souto summarized that the lagoon’s health could be improved by the
use or implementation of LID practices, which would ultimately reduce the peak-flow of
stormwater. Dr. Souto explained that peak flow caused pollution, flooding, volume, etc.
To the above, Dr. Souto advised that using LID practices would require a paradigm shift or
cultural shift in thinking. The City as an institution could influence and incentivize the use of
LID in its Codes or policies to improve the lagoon’s health and more. Thinking on these matters
differently than in the past could influence new processes. Achieving these goals would mean a
re-charged aquifer, improved soil health, encouraged redevelopment, protected floodplains,
prevented saltwater intrusion, and which ultimately increased coastal resiliency and benefitted
everyone.
To begin, Dr. Souto recommended that cities set goals before writing policy language. One
example used as a goal was protecting wellfields, which would allow re-charging of the aquifer,
etc. Additionally, Dr. Souto reviewed other government agencies, like Pinellas and Escambia
Counties, and the City of Winter Haven that were addressing LID in their Codes. She advised
that an upcoming conference would be held on these matters in Rockledge.
xxx
Low Impact Development (LID) - Staff Presentation – Senior Planner Eddy Galindo gave a
presentation on Low Impact Development (LID) and highlighted the following information. No
action was requested.
• LID Ordinance timeline

• Community comparisons
• Analysis
• Best practices
• Incentive categories
• Parking
Draft – Regular City Council meeting July 27, 2021 at 5:30 p.m.
Page 40 of 376
• Open space, landscape, buffer and setback

• Operations and maintenance
• Future timeline
Member Jordan commented on incentivizing low impact development (LID), so that developers
would not take their projects elsewhere to attain a larger economic benefit, etc.
xxx
"Explore Historic Titusville" Booklet, Website & Mobile Application - Community

Redevelopment Planner Tim Ford gave a presentation and highlighted information on the
"Explore Historic Titusville" booklet, website, mobile application, and $30,000 grant. No action
was requested.
xxx
PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT
Stan Johnston commented on an upcoming event at a small pavilion at Sand Point Park to
discuss the Indian River Lagoon. He also commented on a prior sewer spill at Sand Point Park
and his concern how these matters may have impacted the lagoon, pumping ponds, etc.
Kay St. Onge read from a prepared statement. She commented on the purpose of the Marine
Resource’s Council, stormwater runoff polluting the Indian River Lagoon, the desire to attract
others to live and work on the space coast, an unhealthy lagoon negatively impacted the
community and the environment, low impact development (LID) would allow for more
condensed housing in one area and reduced traditional development costs, etc.
xxx
______________________________
ATTEST:
____________________________________
Draft – Regular City Council meeting July 27, 2021 at 5:30 p.m.
Page 41 of 376
Category: 8.
Item: A.
City of Titusville

Subject: Change Order #2 to Work Order #3 - Annual Stormwater and
Piping Installation
Department/Office: Public Works
Recommended Action:
Approve Change Order #2 to Work Order #3 to contract CN16B038, Annual Stormwater
Piping & Installation to SDV Services, LLC, in the amount of $433,076 for repairs and
upgrades to the stormwater system at Country Club Drive near La Cita Golf Course.
Also approve the associated budget amendment and authorize the Mayor and City Manager to
execute the work order per review and approval by City staff.

On November 26, 2019 City Council approved word order #3 to SDV Services for repair and
replacement of stormwater pipes and structures at the La Cita Golf Course. In order to move
the project forward a change of scope was requested by the City to allow for more underground
storage to help alleviate the flooding on Country Club Dr.
On May 11, 2021 City Council approved change order #1 to work order #3 in the amount of
$118,178 for a total work order amount of $362,393 to SDV Services, LLC.
Change Order #2, is a result of plan changes by staff to add an additional inlet to Country Club
Drive, expand the underground storage and expand the roadway repair area.
It is recommended that City Council approve change order #2 to work order #3 in the amount
of $433,076 for a total work order amount of $795,469 to SDV Services, LLC for repairs and
upgrades to the stormwater system at Country Club Dr near La Cita, approve the associated
budget amendment and authorize the Mayor and City Manager to execute the work order per
review and approval by City staff.
Alternatives:
Do not approve and do not move forward with the project
Item Budgeted:
Page 42 of 376
Yes

406-5555-565.65-00-SU2102
406-5555-589.10-01
Strategic Plan:
No. 1 – Quality of Life

The award of this work order provides repairs necessary for the upkeep and maintenance of
the Stormwater System to help alleviate flooding on a City street.
ATTACHMENTS:
CN16B038_Change Order #2 8/3/2021 Backup
Material
BA 8/3/2021 Backup
Material
Page 43 of 376
The City of Titusville

Purchasing & Contracting Administration
PO Box 2806 (555 South Washington Avenue)
Titusville, FL 32781-2806 (32796-3584)
WORK ORDER CHANGE ORDER NO. 2
DATE: 8/11/21 WORK ORDER: #3R

PROJECT NAME: LACITA GOLF COURSE REPAIR
CONTRACT #: CN16B038
Contractor: SDV Services, LLC. Project Name: LaCita Golf Course Repair
Address: 1313 S. Washington Ave., Ste#C Work Order Amount: $362,393.00
Titusville, FL 32780 Change Order Amount: $433,076.00
Project Manager: Del Kelley Total Revised Work Order: $795,469.00
DESCRIPTION:
Description Amount Reasons for this Change Order

Original Work Order Amount $244,215.00
1. Plan changes by staff to add an additional
Prior Change Orders: Change Order inlet to Country Club Drive, expand the
#1 issued 5/25/21 $118,178.00 underground storage and expand the
roadway repair area.
Net increase in authorized funds due
to this Change Order #2 $433,076.00
REVISED WORK ORDER TOTAL $795,469.00
Contractor Approval
Date:
Staff Approval
PCA: Date:
Dept. Head: Date:
City Manager Approval: Date:
Council Action (as applicable): Item Date: 8/10/21
Daniel E. Diesel, Mayor: Date:
Comments:
DISTRIBUTION: CONTRACTOR, DEPARTMENT, CITY CLERK, PROJECT FILE, ENCUMBRANCE/LIQ.

Page 44 of 376
SDV SERVICES LLC COT ANNUAL DRAINAGE IMPROVEMENTS
Bid Item# FDOT Pay Line Item Description Estimated Qty UOM Unit Cost Ext PROJECT LACITA
QTY UNIT
1 101-1a MOB (PER WO) (.01<$50K) 1 EA $ 2,500 $ 2,500
2 101-1b MOB (PER WO) (50K-100K) 1 EA $ 5,000 $ 5,000
3 101-1c MOB (PER WO) (100K-150K) 2 EA $ 7,500 $ 15,000
5 101-1d MOB (PER WO) (150K-200K) 2 EA $ 10,000 $ 20,000
6 101-1e MOB (PER WO) (200K-250K) 1 EA $ 12,500 $ 12,500 1 $ 12,500
7 102-1a MOT (PER WO) (.01<$50K) 1 EA $ 2,500 $ 2,500
8 102-1b MOT (PER WO) (50K-100K) 1 EA $ 5,000 $ 5,000
10 102-1c MOT (PER WO) (100K-150K) 2 EA $ 7,500 $ 15,000
11 102-1d MOT (PER WO) (150K-200K) 2 EA $ 10,000 $ 20,000
12 102-1e MOT (PER WO) (200K-250K) 1 EA $ 12,500 $ 12,500 1 $ 12,500
13 005-0700-2 SURVEY CREW 30 DAY $ 2,000 $ 60,000 4 $ 8,000
14 104-11 FLOATING TURBIDTY 150 LF $ 20 $ 3,000
15 110-1-1 CLEARING & GRUBBING 1 AC $ 7,500 $ 7,500 0.32 $ 2,400
16 110-4 REMOVAL OF EXIST CONCRETE PAVEMENT 100 SY $ 10 $ 1,000 431 $ 4,310
17 120-1 GENERAL EXCAVATION 100 CY $ 50 $ 5,000 1803 $ 90,150
18 120-6 EMBANKMENT 100 CY $ 60 $ 6,000 584 $ 35,040
19 125-1 EXCAVATION FOR STRUCTURES 100 CY $ 60 $ 6,000 52 $ 3,120
20 160-4 STAB TYPE B 200 SY $ 10 $ 2,000 284 $ 2,840
21 285-701 BASE GROUP 01 100 SY $ 20 $ 2,000
22 285-707 BASE GROUP 07 100 SY $ 30 $ 3,000
23 285-709 BASE GROUP 09 100 SY $ 40 $ 4,000 284 $ 11,360
24 327-70-6 MILL EXIST ASP PAV (1.5') 600 SY $ 10 $ 6,000 284 $ 2,840
25 334-1-13 SUPERPAVE ASP CON (TRAF C) 600 SY $ 30 $ 18,000 284 $ 8,520
26 350-4-1 REIN CONCRETE PAVEMENT 6" 100 SY $ 40 $ 4,000
27 400-1-2 CONC CLASS 1 (ENDWALLS) 50 CY $ 50 $ 2,500
28 400-3-1 CONC CLASS 3 (CULVERTS) 100 CY $ 50 $ 5,000
29 400-4-2 CONC CLASS iv (ENDWALLS) 300 CY $ 50 $ 15,000
30 425-1331 CONC CURB INLET P-3 (<10') 1 EA $ 5,000 $ 5,000 2 $ 10,000
31 425-1361 CONC CURB INLET P-6 (<10') 1 EA $ 5,000 $ 5,000
32 425-1362 CONC CURB INLET P-6 (>10') 1 EA $ 7,500 $ 7,500
33 425-1461 CONC CURB INLET J-6 (<10') 1 EA $ 7,500 $ 7,500
34 425-1541 INLET TOP, REPAIR CURB INLE 4 EA $ 1,500 $ 6,000 0 $ -
Page 45 of 376
QTY UNIT
35 425-1551 INLET TOP, REPLACE, CURB OINLE 4 EA $ 7,500 $ 30,000 2 $ 15,000
36 425-1552 INLET TOP. REPLACE, DT BOT INLET 2 EA $ 5,000 $ 10,000
37 425-2-91 MANHOLE (J-8)(<10') 1 EA $ 10,000 $ 10,000 2 $ 20,000
38 425-3-41 JUNCTION BOX (P-7)(<10') 1 EA $ 10,000 $ 10,000
39 425-3-42 JUNCTION BOX (P-7)(>10') 1 EA $ 10,000 $ 10,000
40 430-94-1 DESILITING PIPE, 0-24" 100 LF $ 15 $ 1,500
41 430-94-2 DESILTING PIPE, 24-36" 100 LF $ 25 $ 2,500
42 430-94-3 DESILTING PIPE, 37-48" 100 LF $ 35 $ 3,500
43 430-94-4 DESILITNG PIPE, 40-60" 100 LF $ 50 $ 5,000
44 430-94-5 DESILITING PIPE 61" OR GREATER 100 LF $ 75 $ 7,500
45 430-174-115C PIPE CONC CULV CL III 15" SD 100 LF $ 50 $ 5,000
50 430-175-115C PIPE CONC CULV IV 15" SD/CD 100 LF $ 60 $ 6,000 60 $ 3,600
51 430-175-118C PIPE CONC CULV IV 18" SD/CD 100 LF $ 70 $ 7,000
58 430-175-215H PIPE CULV, HDPE 15" CORR SD 100 LF $ 50 $ 5,000 1255 $ 62,750
59 430-175-218H PIPE CULV, HDPE 18" CORR SD 100 LF $ 60 $ 6,000
60 430-175-224H PIPE CULV, HDPE 24" CORR SD 100 LF $ 70 $ 7,000 677 $ 47,390
66 430-200-25 FLARED END SECT (CONC)(18") 2 LF $ 1,000 $ 2,000
Page 46 of 376
QTY UNIT
69 520-1-10 CONC CURB & GUTTTER (TYPE F) 100 LF $ 50 $ 5,000 248 $ 12,400
70 520-1-10A CONC CURB & GUTTTER (MIAMI) 200 LF $ 50 $ 10,000
71 522-1 CONC SIDEWALK (4") 50 SY $ 60 $ 3,000 117 $ 7,020
72 522-2 CONC SIDEWALK (6") 20 SY $ 70 $ 1,400 83 $ 5,810
73 270-1-2 PERF TURF (S0D) 1000 SY $ 5 $ 5,000 2550 $ 12,750
74 BPP BY-PASS PUMPING 50 DAY $ 750 $ 37,500 45 $ 33,750
75 530-74 BEDDING STONE 1 TN $ 500 $ 500 581 $ 290,500
76 514-71 FILTER FABRIC 10 SY $ 50 $ 500 442 $ 22,100
77 530-3-4 RIP RAP, RUBBLE f&I, DITCH LINING 1 TN $ 500 $ 500
78 DEW DEWATERING 30 DAY $ 950 $ 28,500 59 $ 56,050
$ 729,750 $ 792,700
Page 47 of 376
City of Titusville, Florida
Budget Amendment/Transfer Form
Budget
Amendment
/Budget
Source of Account Project
Transfer
Funds: Number Number Description Amount
FY2021
Budget
406-0000-341.10-00 RECORDING FEES $ 1,300.00 Amendment
Budget
406-0000-361.10-70 LIENS $ 35,000.00 Amendment
Budget
406-0000-364.10-00 DISPOSITION FIXED ASSETS $ 82,900.00 Amendment
Budget
406-5555-565.65-00-SU0310 SU0310 NON DEPARTMENTAL/CONSTRUCTION IN PROGRESS $ 31,400.00 Amendment
Budget
406-5555-589.10-01 CONTINGENCY UNRESERVED/CURRENT YEAR UNRESERVED $ 251,276.00

Total Source of Funds $ 443,076.00
Use of
Funds:
FY2021
Budget
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Total Use of Funds $ 443,076.00

NOTE: MOVES FUNDS FROM VARIOUS SOURCES TO FUND CHANGE
ORDER #2 FOR WORK ORDER #3 OF ANNUAL DRAINAGE
IMPROVEMENTS.
Input Name: S MILTON Budget Office Approval: T CHEVALLIER

Input Date: Budget Office Approval Date:
Manual JE/BA#: Post Date:
Page 48 of 376
Category: 8.
Item: B.
City of Titusville

Subject: Solid Waste Routing Software and Implementation Services
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.

RFP#21-P-028 was advertised by the City on March 23, 2021 to procure a routing software
and in-cab routing system for the City's Solid Waste services. The due date was April 23, 2021
with three companies responding to the RFP. On May 12, 2021 a committee consisting of
Kevin Cook, Public Works Director, Sandra Reller, Public Works Deputy Director and Jon
Sellers, Information Technologies Director met to review the RFP responses and complete a
question and answer session with each firm.
The committee scored the responding firms based upon the following criteria:
1. Price proposal for implementation and 5 years of use

2. Prior experience including company background and experience as well as team
member background and experience.
3. References
4. Proposed software including a sample
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
Detailed scoring is attached.
Page 49 of 376
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

See attached budget amendment
Strategic Plan:
No. 2 – Efficient and Effective Services

This action provides for efficient routing of solid waste vehicles and real time in-cab routing for
driver efficiency improvements.
ATTACHMENTS:
BA Routing Software 7/8/2021 Backup
Material
Tabulation Sheet 21-P-028 6/2/2021 Backup
Material
Final Scoring 6/3/2021 Backup
Material
DRAFT CONTRACT SVC21P028 8/3/2021 Backup
Material
Page 50 of 376
Budget
Amendment
/Budget
Transfer
FY2021
Budget
404-5555-589.10-01 CONTINGENCY UNRESERVED/CURRENT YEAR UNRESERVED $ (75,189.00) Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Total Source of Funds $ (75,189.00)

Use of
Funds:
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
Total Use of Funds $ 75,189.00
NOTE: MOVE FUNDS FROM WORKING CAPITAL TO FUND SOFTWARE.
Input Name: S MILTON Budget Office Approval: T CHEVALLIER

Manual JE/BA#: Post Date:
Page 51 of 376
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
*NOTES: Fleet Mind Solutions submitted “No-Bid” response
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
Page 52 of 376
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
Route Smart Columbia, MD 78.23 69.75 88.75 236.73
Rubicon Global, LLC. Atlanta, GA 77.3 72.8 81.80 231.9
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.
__AC_ April Chapman
Page 53 of 376
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 C2Logix, Inc., a domestic foreign profit corporation, whose
principle address is located at 734 Bay Esplanade, Tampa, FL 33767 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 CONTRACTOR in accordance
with the requirements of the law; and,
WHEREAS, at the City Council meeting of August 10, 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 DOCUMENTS) on
which this agreement between the CITY and CONTRACTOR is based, which contains the plans and specifications
in accordance with which the work is to be done, are attached and incorporated as if fully set out herein and
include the following:
A. The standard solicitation book and specifications titled “RFP #21-B-028/Solid Waste Routing
Software and Implementation Services, with all related documents and addenda, if any, attached
hereto as Exhibit 1, a n d i n c l u d e s t h e f o l l o w i n g :
1
SVC21-P-028, Solid Waste Routing Software & Implementation Service
Page 54 of 376
1. Notice of Invitation for Bid 11. Special Conditions (if any)

2. Instructions to Bidders 12. Addenda (if any)
3. Form of Contract 13. Performance & Payment Bond
4. Price Proposal Form 14. Certificate of Insurance
5. Proposal Signature Form 15. References
6. Scope of Work 16. Drug Free Workplace
7. System Requirements 17. General Terms and Conditions
8. RFP Requirements 18. Public Entity Crimes Statement
9. Schedule of Events 19. Scrutinized Boycott List Certification
10. Evaluation 20. Debarment & Exclusion Certification
B. Contractor’s proposal dated April 23, 2021 attached hereto as Exhibit 2, and any other
documents listed in the Agreement Documents, and written modifications issued after execution
of this Agreement, if any.
C. This service contract.
3. 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 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.
A. 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.
B. 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.
4. ENGAGEMENT OF CONTRACTOR. The City hereby engages CONTRACTOR and CONTRACTOR
2
Page 55 of 376
hereby agrees to provide designed Solid Waste Routing Software and/or Applications and include
implementation service of most recent and updated software/application in accordance with the Agreement
Documents.
5. SCOPE OF WORK AND RELATED CRITERIA

A. The intent of the Scope of Work, and other Agreement Documents is that the CONTRACTOR
furnishes all labor and materials, equipment, supervision, and transportation necessary to provide
the services required to fully comply with the Solid Waste Routing Software and implementation
service responsibilities outlined below, and perform all other related work, service as set forth in
all the Agreement Documents as described in the documents, hereinafter referred to as “Work,”
unless specifically noted otherwise but not limited to acceptable software or application design
and provide implementation service of updated solution software that is either cloud hosted or
on premise on virtual/physical servers to run on Microsoft Windows virtual/physical servers to
improve current City of Titusville’s Solid Waste routing 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
• Routing capabilities: Ability to optimize routes and stop sequences for:

(1) Bulk pickup
(2) Leaf & Yard pickup
(3) Residential solid waste (automated side-load, semi-automated rear-load)
(4) Recycling (semi-automated, rear-load) collection
• Ability to partition geographically compact areas and balance routes for:
(1) Travel time to and from endpoint
(2) Distance/Travel time to and from Transfer Station/ processing facilities/Landfill
(3) Time
(4) Load (type of material/co-collection)
(5) Number of routes desired
• Ability to optimize routes for individual collection vehicles taking into consideration:
(1) Minimum and maximum length of day for each route
(2) Specific beginning and ending times for each route
(3) Minimum and maximum number of carts or containers for each route
(4) Minimum and maximum distance for each route
(5) Minimum and maximum number of trips to transfer station/Landfill/Processing facility
(6) Predefined or optimized beginning and ending facilities for each route
(7) Individual vehicle preparation times at the beginning and end of day
(8) Break times for each route
3
Page 56 of 376
(9) Material collected and type of collection vehicle

(10)Wait and dump times at transfer and landfill facilities
• Ability to designate a location for a less-than-full partition or route
• Ability to generate partitions and routes that respect user-specified boundary streets/roads
• Utilization of municipality or 3rd party street centerline data for developing routing models
• Ability to maintain, import, add, change or customize street data
• Ability to analyze street network for data problems including disconnected streets, false
intersections, one-way streets that are miscoded etc.
• Ability to customize with tools such as:
(1) Transportation attribute editing tools (one-way streets, alleys, turn exceptions)
(2) Query /edit of map feature attribute data using point and click
(3) Customized street editing functions for adding/deleting/changing Street map data in
ArcGIS.
(4) Alley assignment or alternate collection point location editing of address geocode data
• Ability to provide for travel path generation/optimization based on sequencing of service
locations on a route
• Ability to provide exception reports for the need to assign new service locations onto
preexisting routes
• Ability to manual swap service locations between routes
• 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
4
Page 57 of 376
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.
6. COMPENSATION. The City will pay the CONTRACTOR for satisfactory work completed and
performed in accordance with the CONTRACTOR’s proposal dated April 23, 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
representative. The total authorized amount for the initial software, implementation service, and software
licensing including year 1 annual service and maintenance is $75,189.00. 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.
A. Annual Service and Maintenance: The annual service and maintenance fee shall cover the cost
for ongoing product development, upgrades, and support of the software and/or applications that
CONTRACTOR has implemented, not for other software being utilized by City network and/or
department to function.
B. Contractor shall supply to the City “free-of charge” any available maintenance improvements and
the City undertakes promptly to implement any maintenance improvements supplied by the
Contractor.
C. Annual Cost: The Consultant will provide professional services and maintenance as outlined
above in 5a for 10 back office seats and 10 vehicles at the annual costs listed below:
5
Page 58 of 376
Year Annual Cost

$0
Included in Licensing Total which shall be paid by the City
1
after satisfactory completion acceptance of implementation
and sixty (60) days from citywide departmental use
2 $23,874.00
3 $25,068.00
4 $26,321.00
5 $27,637.00
7. 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.
8. RELEASES. When it is determined, as a result of a joint inspection of the work by the Contractor
and City that the Work has been completed in accordance with the terms of the Contract Documents, the
completion of the Work shall be certified by the City. At that time, the Contractor may submit the Contractor’s
final request for payment. Prior to final payment, the Contractor shall execute and deliver to the City a
Contractor’s Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work
order. Also, from each supplier or subcontractor who has notified the City of his right to file a claim (Notice
to City) or who is listed in the Contractor’s Affidavit and Release of Claim as an unpaid potential claimant, a
Claimant’s Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each
request for payment.
9. 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
6
Page 59 of 376
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.
G. 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.
10. STOP 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 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.
11. 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;
7
Page 60 of 376
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.
12. 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.
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
8
Page 61 of 376
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.
13. BANKRUPTCY: If the CONTRACTOR shall be adjudged bankrupt, insolvent, or financial condition
defined under Title 11 of the United States Code effective at any time during contract term specified therein;
or if he should make a general assignment for the benefit of his creditors; or if a receiver should be appointed
for the CONTRACTOR or any of his property; or if he should persistently or repeatedly refuse or fail to make
prompt payment to a person(s) supplying labor or materials for the Work under the Contract; or persistently
disregard instructions of the Purchasing & Contracting Administrator; or fail to observe or perform any
provisions of the Contract Documents; or otherwise be guilty of a substantial violation of any provisions of the
Contract Document, then the CITY/Owner may -- by at least five (5) days prior written notice to the Contractor
-- without prejudice to any other rights or remedies of the CITY under the contract, terminate the Contractor's
right to proceed with the work. In such case, the City may take possession of and utilize in completing the
work, such necessary materials, appliances, and plant as may be on the site of the project. The foregoing
provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the
Contract Documents.
14. CITY’S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be
subject to the review of the City. Any and all technical questions, which may arise as to the quality and
acceptability of materials furnished, work, performed, or work to be performed, interpretation of the
specified requirements and all technical questions as to the acceptable fulfillment of the Contract on the part
of the Contractor shall be referred to the Contract Monitor who will resolve such questions.
All materials and each part or detail of the Work shall be subject at all times to review by the City.
Such review may include any material and/or supply furnished under the specified requirements is subject to
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.
15. 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.
9
Page 62 of 376
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.
16. 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 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.
10
Page 63 of 376
16. 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.
17. 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.
18. 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.
19. 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
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.
11
Page 64 of 376
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.
20. 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.
21. 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.
22. 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
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.
23. 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
12
Page 65 of 376
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.
24. 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
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
13
Page 66 of 376
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:
(1) Comprehensive General Liability (each occurrence):
Statutory Limits
Bodily Injury, including death ………………….. $1,000,000.00
Property Damage ……………………………….. $1,000,000.00
General Aggregate ………………………………. $1,000,000.00
Products & Completed Operations ……………… $1,000,000.00

Personal and Advertising Injury ………………… $1,000,000.00
Each Occurrence Limit ……………………….…. $1,000,000.00
Fire Damage Limit ………………………………. $50,000.00
Medical Expense Limit ………………………….. $5,000.00
(2) Commercial Automobile Liability: Coverage sufficient to cover all vehicles owned, used, or hired by the
offeror, his agents, representatives, employees or subcontractors.
Combined Single Limit ………………………………….. $1,000,000.00
Each Occurrence Limit …………………………………. $1,000,000.00
Medical Expense Limit ………………………………….. $5,000.00
14
Page 67 of 376
(3) Workers’ Compensation: Limits as required by laws of the State of Florida.
(4) Owner’s & Contractors’ Protective Liability: Policy will be in name of City.
Minimum limits required are $1,000,000.
(5) Fidelity/Dishonesty Bonding Coverage
Minimum limits required are $1,000,000.
6) Professional Liability
Minimum limits are $1,000,000 per occurrence.
Technology Errors & Omission. Minimum limits required are $1,000,000.
7) Data Breach and Cyber Liability
Policy will be in name of City. 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'
officers/officials, agents, employees and volunteers.
viii. The insurer shall agree to waive all rights of subrogation against the City, its' officers/officials, agents,
employees or volunteers for any act, omission or condition of premises which the parties may be held liable
by reason of negligence.
ix. The offeror shall furnish the City certificates of insurance including endorsements affecting coverage. The
certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its'
behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached.
x. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than an A:VII. If A.M. Best
rating is less than A:VII, approval must be received from City's Risk Management Officer.
xi. Consultant agrees to the extent it engages any sub-consultant to perform work at the project, it shall require
all sub-consultants to maintain the same insurance as outlined in A-H above and provide certificates of
insurance for each sub-consultant as provided in item #23: Insurance paragraph above.
THE CITY RESERVES THE RIGHT TO CHANGE OR MODIFY LIMITS OF LIABILITY OR
COVERAGE FOR PROJECTS OF AN UNUSUAL SIZE OR RISK.
25. 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.
26. INTERESTS OF CITY OFFICIALS. No officers, members, or employees of the City and no members
15
Page 68 of 376
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.
27. 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.
28. 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.
29. 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.
30. 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
16
Page 69 of 376
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.
31. ASSIGNABILITY AND SUBCONSULTANTS. It is specifically agreed that the Contractor 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.
32. 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.
33. 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.
34. 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.
35. 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
17
Page 70 of 376
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.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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
18
Page 71 of 376
satisfactorily in accordance with required contract terms by authorized City representative or

designee.
41. 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.
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.
42. 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
19
Page 72 of 376
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
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.
IF CONTRACTOR HAS ANY QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY’S CUSTODIAN OF
PUBLIC RECORDS AT 321-567-3682, wanda.wells@titusville.com, 555 S.
WASHINGTON AVE., TITUSVILLE, FL 32796.
20
Page 73 of 376
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.
CONTRACTOR THE CITY OF TITUSVILLE

___________________________ 555 S. Washington Ave.
___________________________ Titusville, FL 32796
___________________________
By __________________________ By ___________________________
Name:_______________________
Title:________________________ Date _____________________

Date: ________________________
ATTEST:
______________________________
Date __________________________
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
______________________________ ______________________________
Richard C. Broome, City Attorney William S. Larese, City Manager
Date __________________________ Date __________________________
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
Page 74 of 376
Category: 8.
Item: C.
City of Titusville

Subject: Resolution No. 25-2021 Approving Temporary Closure of State
Roads for Special Events - Farmer's Markets and Downtown
Street Parties
Department/Office: Community Development
Recommended Action:
Approve Resolution No. 25-2021 approving the temporary closure of S. Washington Avenue
(US Highway 1) on selected Fridays from August 13, 2021 through December 10, 2021 for
Farmer's Markets and Downtown Street Parties.

Florida Administrative Code Section 14-65.000325, Temporary Closing of State Roads for
Special Events provides that the City Council is required to adopt a resolution supporting the
temporary closure of State roads for special events. The attached resolution approves the
temporary closure of S. Washington Avenue (US Highway 1) for:
Farmer's Markets scheduled for August 13, 2021, August 29, 2021, September 10,
2021, September 24, 2021, October 8, 2021, October 22, 2021, November 12, 2021
and December 10, 2021; and
Downtown Street Parties scheduled for August 13, 2021, September 10, 2021, October
8, 2021, November 12, 2021 and December 10, 2021.
Alternatives:
1. Approve the resolution.
2. Do not approve the resolution.
Item Budgeted:
Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic Development
Page 75 of 376
ATTACHMENTS:
Resolution 8/2/2021 Backup
Material
Page 76 of 376
RESOLUTION NO. XX-2021

A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA,
APPROVING CLOSURES OF STATE ROADS FOR SPECIAL
EVENTS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, numerous State roadways are located within the Titusville City limits; and
WHEREAS, Florida Administrative Code 14-65.00325, Temporary Closing of State Roads

for Special Events provides that the City may authorize the City Manager to approve special events
that require temporary closures of State roads; and
WHEREAS, the City Council wishes to support appropriate special events within the City,
which may require the temporary closure of State roads.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

TITUSVILLE, FLORIDA, AS FOLLOWS:
Section 1. The Titusville City Council approves the temporary closure of State roads for the
following special events as required by Section 14-65.00325 (1)(d)1 of the Florida Administrative
Code:
• US Highway 1 (S. Washington Avenue) for Farmer’s Market – August 13, 2021, August
27, 2021, September 10, 2021, September 24, 2021, October 8, 2021, October 22, 2021,
November 12, 2021 and December 10, 2021; and
• US Highway 1 (S. Washington Avenue) for Downtown Street Parties – August 13, 2021,
September 10, 2021, October 8, 2021, November 12, 2021 and December 10, 2021.
Section 2. This resolution shall take effect this 27th day April, 2021 and shall remain in effect
until rescinded by action of the Titusville City Council.
PASSED AND ADOPTED, this 10th day August, 2021.
________________________________
ATTEST:
__________________________
Page 77 of 376
Category: 8.
Item: D.
City of Titusville

Subject: Change Order #1 to Contract #CN20-B-044 with Wharton Smith,
Inc. for City of Titusville Building Permit Fees
Department/Office: Water Resources
Recommended Action:
Approve Change Order #1 in the amount of $37,296.63 to contract #CN20-B-044 with
Wharton Smith, Inc. for repayment of the City of Titusville Building Permit fee and authorize the
City Manager to execute the change order.

On February 23, 2021, the City Council authorized the Mayor to execute contract #CN20-B-
044 in the amount of $9,537,000 with Wharton Smith, Inc. for the Osprey Water Reclamation
Facility Nutrient Removal Upgrade Project. This contract is currently ongoing.
During construction, the building permit was applied for and has an associated cost of
$36,836.18. This increase in cost to the project also slightly raised the insurance costs by
$276.27 and the bond costs by $184.18 for a total value of $37,296.63. The cost of the
building permit was paid by Wharton Smith and this change order is will reimburse those costs.
The contractor has provided a change order noting the building permit fee, reference to the
check number, and associated insurance and bond fees.
Staff recommends approval of Change Order #1 in the amount of $37,296.63 to contract

#CN20-B-044 with Wharton Smith, Inc. for repayment of the City of Titusville Building Permit
fee and authorize the City Manager to execute the change order.
Alternatives:
Do not approve the change order and defer payment of the building permit.
Item Budgeted:
Yes
Page 78 of 376
Funds are available in, Account #401-5555-565.65-00, Capital Improvement Project WR1705,
Osprey Nutrient Removal.
Strategic Plan:
No. 3 – Financial StabilityNo. 5 – Effective Governance

State Statute requires a building permit be pulled for the project and thus associated fees must
be paid.
ATTACHMENTS:
CN20B044 Change Order #1 8/3/2021 Backup
Material
Change Order 1 Proposal 7/29/2021 Backup
Material
Engineer's certification letter 7/29/2021 Backup
Material
Executed Contract Backup Documentation 7/29/2021 Backup
Material
Page 79 of 376
City of Titusville
Purchasing & Contracting Division
555 South Washington Avenue
Titusville, FL 32796
CONSTRUCTION SERVICES CHANGE ORDER NO. 1
DATE: 8/11/21 CONTRACT NO. CN21B044

Contractor: Wharton-Smith, Inc. Project Name: Osprey WRF Nutrient Removal
Upgrade
Address: 750 Monroe Road Original Contract Amount: $9,537,000.00
Sanford, FL 32771 Change Order Amount: $37,296.63
Project Manager: Mike Alexakis Total Revised Contract: $9,574,296.63
DESCRIPTION:
Description Amount Reasons for this Change Order
Original Contract Amount $9,537,000.00
This change order adds the following to the contract:
Additional Funding & Time 1 – Building Permit Fee
No additional construction days requested.
For Prior Change Orders $0.00
$37,296.63
Additional Funding & Time
for this Change Order $37,296.63
REVISED CONTRACT
$9,574,296.63
TOTAL
Contractor Approval
Contractor: Date:
Staff Approval
Dept. Head: Date:
PCA: Date:
City Manager Approval: Date:

Council Action (as applicable): Consent Agenda Item Date: August 10, 2021
Mayor: N.A. Date:

Comments:
DISTRIBUTION: CONTRACTOR, DEPARTMENT, CITY CLERK, PROJECT FILE
Page 80 of 376
7/27/2021 RedTeam Project Console
CONSTRUCTION
MANAGEMENT CHANGE
PROPOSAL
06/22/2021
April Chapman
City of Titusville
555 South Washington Ave.
Re: Our Change Proposal 21-029-01 for Permit Fee Reimbursement

Project: Osprey WRF Nutrient Removal Upgrade
Osprey WRF Nutrient Removal Upgrade
Osprey WRF Nutrient Removal Upgrade, 1105 Buffalo Road, Titusville, FL 32796
This Proposal is for the Change referenced above and more particularly defined by the Scope of Work
comprised of this Proposal, its Attachments, and other Contract Documents incorporated by reference.
Therefore, we propose to change the following:
Reimbursement for money paid thus far to the City of Titusville for the project's building permit. Per
Section 2, Paragraph F of the executed contract, all fees and permits for permanent construction are the
responsibility of the Owner.
Price: $ 37,296.63 Thirty Seven Thousand Two Hundred Ninety Six Dollars and Sixty Three
Cents
Time: The duration of the Work to achieve Substantial Completion will be UNCHANGED.
Clarification(s): - None.
Expiration: This Proposal shall remain open for 90 calendar day(s).
Attachment(s): Additional Attachments
Negotiated Pricing Detail

Please contact me at 407.321.8410 or via e-mail MAlexakis@whartonsmith.com if you have any questions or require additional information.

Regards,

Wharton-Smith, Inc.

Mike Alexakis
Project Executive

ACCEPTANCE OF PROPOSAL

The Scope of Work described above supersedes any and all prior communication about this Change.

Customer Signature: ___________________________________ Date: _______________________
Page 81 of 376
https://www.redteamsoftware.com/rts/app/asp/tpl.projectconsoleintern.asp?contentviewlnk=standard_printproposal_l.asp&tipo=changeord&ContactID… 1/4
City

Council Regular - August 10, 2021 - 6:30 PM
City of Titusville
Page 82 of 376
ADDITIONAL DOCUMENTS
Project: 21-029 - Permit Fee Reimbursement Date: 06/22/2021

Document: 21-029-01
Name
1 Check #107033 City ofTitusville

https://redteam.link/jhgiku3
Wharton-Smith, Inc.: _________ Customer: _________
Page 83 of 376
NEGOTIATED PRICING
DETAIL

Document: 21-029-01
Detail by Cost Code
Subcontract
Description Quantity U/M Labor ($) Material ($) Equipment ($) Other ($) Total ($)
($)
01-1-010 Building Permit 1.00 LS 0.00 0.00 36,836.18 0.00 0.00 36,836.18
Building Permit 1.00 LS 36,836.18 = Subcontract @ 36,836.18
SUBTOTAL DIRECT COSTS 0.00 0.00 36,836.18 0.00 0.00 36,836.18
Indirect Costs 0.00 0.00 0.00 0.00 0.00
Indirect Cost Allocation Rates 0.00% 0.00% 0.00% 0.00% 0.00%
TOTAL DIRECT & INDIRECT COSTS 0.00 0.00 36,836.18 0.00 0.00 36,836.18
Profit 0.00% 0.00
Supplemental Markups
01 Insurance 0.75 Percent of Total Direct and Indirect Cost 276.27
01 Bond 0.50 Percent of Total Direct, Indirect Costs & Fee 184.18
Total Price 37,296.63
Page 84 of 376
CONSTRUCTION
MANAGEMENT CHANGE
PROPOSAL
06/22/2021
April Chapman
City of Titusville
555 South Washington Ave.
Re: Our Change Proposal 21-029-01 for Permit Fee Reimbursement

Project: Osprey WRF Nutrient Removal Upgrade
Osprey WRF Nutrient Removal Upgrade
Osprey WRF Nutrient Removal Upgrade, 1105 Buffalo Road, Titusville, FL 32796
This Proposal is for the Change referenced above and more particularly defined by the Scope of Work
comprised of this Proposal, its Attachments, and other Contract Documents incorporated by reference.
Therefore, we propose to change the following:
Reimbursement for money paid thus far to the City of Titusville for the project's building permit. Per
Section 2, Paragraph F of the executed contract, all fees and permits for permanent construction are the
responsibility of the Owner.
Price: $ 37,296.63 Thirty Seven Thousand Two Hundred Ninety Six Dollars and Sixty Three
Cents
Time: The duration of the Work to achieve Substantial Completion will be UNCHANGED.
Clarification(s): - None.
Expiration: This Proposal shall remain open for 90 calendar day(s).
Attachment(s): Additional Attachments
Negotiated Pricing Detail

Please contact me at 407.321.8410 or via e-mail MAlexakis@whartonsmith.com if you have any questions or require additional information.

Regards,

Wharton-Smith, Inc.

Mike Alexakis
Project Executive

ACCEPTANCE OF PROPOSAL

The Scope of Work described above supersedes any and all prior communication about this Change.

Customer Signature: ___________________________________ Date: _______________________
Page 85 of 376
City

Council Regular - August 10, 2021 - 6:30 PM
City of Titusville
Page 86 of 376
ADDITIONAL DOCUMENTS

Document: 21-029-01
Name
1 Check #107033 City ofTitusville

https://redteam.link/jhgiku3
Wharton-Smith, Inc.: _________ Customer: _________
Page 87 of 376
NEGOTIATED PRICING
DETAIL

Document: 21-029-01
Detail by Cost Code
Subcontract
Description Quantity U/M Labor ($) Material ($) Equipment ($) Other ($) Total ($)
($)
01-1-010 Building Permit 1.00 LS 0.00 0.00 36,836.18 0.00 0.00 36,836.18
Building Permit 1.00 LS 36,836.18 = Subcontract @ 36,836.18
SUBTOTAL DIRECT COSTS 0.00 0.00 36,836.18 0.00 0.00 36,836.18
Indirect Costs 0.00 0.00 0.00 0.00 0.00
Indirect Cost Allocation Rates 0.00% 0.00% 0.00% 0.00% 0.00%
TOTAL DIRECT & INDIRECT COSTS 0.00 0.00 36,836.18 0.00 0.00 36,836.18
Profit 0.00% 0.00
Supplemental Markups
01 Insurance 0.75 Percent of Total Direct and Indirect Cost 276.27
01 Bond 0.50 Percent of Total Direct, Indirect Costs & Fee 184.18
Total Price 37,296.63
Page 88 of 376
101 Southhall Lane Suite 200

Maitland, FL 32751
tel: 407-660-2552
fax: 407-875-1161
July 29, 2021
Ashleigh Smith, P.E.

Engineering Manager
City of Titusville
2836 Garden Street
Titusville, Fl 32726
Subject: Osprey WRF Nutrient Upgrades Project (RFQ: 07-Q-009)

Wharton Smith PN: 21-029
Change Order No. 1 – Building Permit Fees
Dear Ms. Smith,

Transmitted herewith is the Contractor’s Construction Change Order submitted by Wharton
Smith for costs that were beyond the contract scope of work. .
Original Contract Amount $9,537,000.00

Change Order No. 1 $37,296.63
Contract Sum after Change Order No. 1 $9,574,296.63
CDM Smith has reviewed this request for change order and attachments and recommends
approval of the change in accordance with the Contract requirements. Specifically, Section 2,
Paragraph F of the executed Contract states it is the owner’s responsibility for permit fees. The
new contract amount $9,574.296.63.
We trust the enclosed is sufficient for your review; however, if you need additional information
or clarification, please do not hesitate to contact our office.
Respectfully,
Martin J. Lewis, P.E., BCEE, PMP

CDM Smith
Cc: Kevin Meulman, City of Titusville

Michael Alexakis
Andrew Lanphier, Wharton Smith
Tom Nichols, CDM Smith
Brian Karmasin, CDM Smith
Page 89 of 376
2) Record Documents: create record drawings and as-builts survey
3) Pre/Post construction video that is comprehensive of specifications and required work scope
4) Sitework/Yard Piping
5) Biological Nutrient Removal (BNR) Tanks
6) Electrical Building
7) A/O Process Refurbish
8) Alum Storage and Feed
9) Operations Building & RAS/WAS PS Modifications
10) Other misc. related electrical equipment
B. Excavation: All underground, trench, and digging of utilities site work. The CONTRACTOR shall
comply with Chapter 556 F.S., Underground Facility Damage Prevention and Safety Act; Chapter 553
F.S., Florida Trench Safety Act, Part IV; Chapter 368 F.S., Florida Gas Safety Faw, Part 1; and OSFIA
Standard 1926.651.
1) Demolition and removal of selected portions of structure
2) Demolition and removal of selected site elements
3) Salvage of existing items to be reused or recycled
4) Disposal and removal of debris
C. Utility: All work associated with coordination, notification, relocation of utilities, and other related
equipment and materials.
D. Temporary Stabilization: CONTRACTOR shall be responsible and take all reasonable precautions
against damage to existing utilities. In the event of damage to an existing utility, CONTRACTOR shall
immediately notify the responsible official agency operating the interrupted utility service (water/sewer,
electrical, gas, communications, etc.),
1) Perform inspection
2) The CONTRACTOR shall lend all possible assistance in restoring the services and shall assume all
costs, charges, or claims connected with the interruption and repair of such services as required by
law of all persons supplying labor and material in the execution of the work provided for the contract.
E. Furnish all materials, equipment, tools, and labor which is reasonably and properly inferable and
necessary for the proper completion of the Work, whether specifically indicated in the Contract
Documents or not.
F. All fees and permits for the permanent construction that are required by controlling agencies or
authorities, including fees for the review of Contract Documents prior to construction, will be procured
by the Owner. Other licenses or permits for construction facilities of a temporary nature that are
necessary for the prosecution of the work shall be secured and paid for by the CONTRACTOR.
3. CONTRACT DOCUMENTS: The Contract Documents (also referred to as “Agreement Documents”) on

which this Agreement between the CITY and CONTRACTOR is based, which contains the plans and
specification in accordance with which the work is to be done, are attached and incorporated as if fully set
out herein and include the following:
2
CN20-B-044/Osprey WRF Nutrient Removal Upgrade
Page 90 of 376
Category: 8.
Item: E.
City of Titusville

Subject: Award of Contract - Julia Street Lighting
Recommended Action:
Approve award of bid #21-PQ-043 for Julia Street Lighting Improvements to Rush Facilities,
LLC of Titusville, Florida in the amount of $60,253.24 to construct pedestrian lighting
improvements along Julia Street near the Emma Parrish Theater. Additionally,
authorize the Mayor to execute the contract or necessary purchasing instrument and approve
associated budget amendment.

The City solicited price quotes under #21-PQ-043 on May 24, 2021 for project in accordance
with Public Works Department request to engage an experienced contractor to provide lighting
installation along Julia Street. 6 vendors, out of 55 notified, obtained bid documents. The City
received one (1) bid submittal which were opened on June 10, 2021 from Rush Facilities
LLC of Titusville, Florida.
It is recommended that City Council approve award of price quote #21-PQ-043 for Julia Street
Lighting Improvements to Rush Facilities LLC of Titusville, Florida in the amount of
$60,253.24 to construct pedestrian lighting improvements along Julia Street near the Emma
Parrish Theater. Additionally, authorize the Mayor to execute the contract or necessary
purchasing instrument and approve associated budget amendment.
Alternatives:
Do not award
Item Budgeted:
Yes

Source - 104-5555-565.65-00-CR1602
Page 91 of 376
Use - 104-5555-565.65-00-CR2103
Strategic Plan:
No. 1 – Quality of Life

This action is in line with Strategic Plan objective #1, by providing improvements and
beautification of downtown area to promote and target local businesses as a desired
destination of residents to increase patronization in accordance with CRA redevelopment plan.
ATTACHMENTS:
Budget Amendment 8/4/2021 Backup
Material
TABULATION 8/4/2021 Backup
Material
Page 92 of 376
Budget
Amendment
/Budget
Transfer
FY2021
Budget
104-5555-565.65-00 CR1604 Trail Town Amenities $ (60,254) Amendment
Budget
Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Total Source of Funds $ (60,254)

Use of
Funds:
FY2021
Budget
104-5555-565.65-00 CR2103 Julia Street Lighting Improvements $ 60,254 Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Budget
$ - Amendment
Total Use of Funds $ 60,254

NOTE: Moves funds from Trail Town Amenities to create new project for Julia
Street Lighting Improvements
Input Name: Budget Office Approval:

Group/BA#: Post Date:
Page 93 of 376
CITY OF TITUSVILLE
BID TITLE: Commons Lighting Repairs
BID #: 21-PQ-043
OPENING DATE/TIME: June 9, 2021 @ 4:30 pm
POSTING DATE/TIME: May 24, 2021 @ 5:18 p.m.
COMPANY CITY/STATE BID TOTAL

RUSH Facilities, LLC Titusville, FL $ 60,253.94
INTENDED AWARD: RUSH Facilities, LLC
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: _SM_____
1
Page 94 of 376
Category: 8.
Item: F.
City of Titusville

Subject: Resolution No. 26-2021 - Kurt Eichin Memorial Trail
Department/Office: City Manager
Recommended Action:
Adopt Resolution No. 26-2021 supporting the naming of a portion of the Coast to Coast
Connector within Brevard County as the "Kurt Eichin Memorial Trail."

The Office of State Senator Tom Wright (Senate District 14) has requested a resolution from
the City supporting the naming of a portion of the Coast to Coast Connector within Brevard
County as the "Kurt Eichin Memorial Trail." A similar resolution has been approved by the
Brevard County Board of County Commissioners.
Alternatives:
1. Approve the resolution.
2. Approve the resolution with changes.
3. Do not approve the resolution.
Item Budgeted:
Strategic Plan:
ATTACHMENTS:
Backup
Page 95 of 376
Resolution 8/2/2021 Material
Page 96 of 376
A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA SUPPORTING THE DESIGNATION

OF A PORTION OF THE COAST TO COAST CONNECTOR IN BREVARD COUNTY AS THE
“KURT EICHIN MEMORIAL TRAIL”; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the intent of the Titusville City Council to honor Kurt Henry Eichin, who served his
native state as Florida Senate Transportation Staff Director; and
WHEREAS, Kurt was born in the great city of Titusville, and was a 1979 graduate of Astronaut High
School; and
WHEREAS, the residents of Titusville are saddened to learn of Kurt’s recent passing at the young age
of 55; and
WHEREAS, Kurt was a loyal and loving husband, father, son, and brother, whose love of adventure,
nature, and the outdoors, particularly bicycling was well-known among family and friends; and
WHEREAS, the State of Florida has a precedent for honoring influential people by designating stretches
of roadways as Memorial Highways, Interchanges, Trails, etc.; and
WHEREAS, Kurt’s memorial service recommends donating to the Florida Greenways & Trails
Foundation; and
WHEREAS, it would be appropriate and fitting to designate a portion of the Coast to Coast Connector
in Brevard County as the "Kurt Eichin Memorial Trail."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TITUSVILLE,

FLORIDA AS FOLLOWS:
Section 1. The Titusville City Council supports designating a portion of the Coast to Coast Connector in
Brevard County as the
"Kurt Eichin Memorial Trail"
and recognizes Kurt Henry Eichin as a husband, father, and friend who will be dearly missed by his community,
but remembered fondly whenever that stretch of the Coast to Coast Connector is traversed.
Section 2. This resolution shall take effect immediately upon adoption by the City Council.
PASSED AND ADOPTED, this _____th day of _____________, 2021.
_____ ____ _____________

ATTEST:
___________
Page 97 of 376
Category: 9.
Item: A.
City of Titusville

Subject: Ordinance No. 17-2021 Specific Revisions to the Firefighters'
Pension Plan and established "Share Plan" to provide special
benefits to Firefighters
Department/Office: Human Resources
Recommended Action:
Conduct the second reading and public hearing of Ordinance No. 17-2021 - An Ordinance of
the City of Titusville, Florida Amending Chapter 15, Pensions and Retirement, Article III,
Police Officers' and Firefighters' Pension Plan, of the Code of Ordinances of the City of
Titusville; Amending Division 5, Section 15-222, Benefits Effective June 30, 2013, And
Division 5, Section 15-237, Supplemental Benefit Component for Special Benefits; Chapters
175 and 185 Share Accounts.

The following proposed Ordinance underlined corrections are made to the Firefighters'
Educational incentive pay and types of incentive pay for members of the union which are
currently stated in the IAFF collective bargaining agreement language Article 22 Incentive Pay:
a. Associates Degree and /or Bachelors Degree in Fire Science as provided by the State of
Florida pursuant to F.S. 633.422.
d. Paramedic Certification pay in the amount of four thousand five hundred dollars ($4,500) for
Solo Paramedic Status pay for a total Paramedic incentive of ($6,500) per year including two
thousand dollars ($2,000) per year for FL Paramedic Certification.
e. State of Fl Fire Officer Two certification pay in the amount of fifty dollars ($50.00) per month
f. State of Fl Fire Instructor certification shall receive twenty-five dollars ($25.00) per month
g. State of Florida Live Fire Instructor certification shall receive fifty ($50.00) per month
h. Titusville SWAT Team shall receive fifty dollars ($50.00) per month
The aforementioned pay incentives currently count as pensionable earnings. These revisions
do not constitute additional cost to the City to list these incentives in the revised Pension
Ordinance.
In addition, this Ordinance establishes a supplemental benefit component referred to as the

Share Plan providing for a special benefit for Firefighters to be funded solely by F.S. 175
Premium Tax Monies.
Page 98 of 376
The components of the Share Plan referred to in this Ordinance were negotiated and have
been mutually agreed to by the City and the IAFF in accordance with F.S. 175.351 and Article
4.8 of the Collective Bargaining Agreement. The CBA between the IAFF and COT was
approved by the City Council on May 11,2021.
Alternatives:
Do not approve and authorize staff to renegotiate the revisions to the Ordinance and
renegotiate the components of the Share Plan.
Item Budgeted:
NA

The financial impact will be prepared by the Pension Board's actuary with the above features.
Strategic Plan:
No. 3 – Financial Stability

The revision to the Pension Ordinance and components of the Share Plan helps to support the
Fire Department with recruitment and retention of certified Firefighters and the Share Plan
provides an additional supplemental benefit component to the FF retirement plan .
ATTACHMENTS:
Ordinance No. 17-2021 Specific Revisions
to the FF Pension Plan and established 7/20/2021 Backup
"Share Plan" to provide special benefits to Material
FF
Legal Ad 8/2/2021 Backup
Material
Page 99 of 376
ORDINANCE NO. 2021-____
AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA,

AMENDING CHAPTER 15, PENSIONS AND RETIREMENT,
ARTICLE III, POLICE OFFICERS’ AND FIREFIGHTERS’
PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY
OF TITUSVILLE; AMENDING DIVISION 5, SECTION 15-222,
BENEFITS EFFECTIVE JUNE 30, 2013, AND DIVISION 5,
SECTION 15-237, SUPPLEMENTAL BENEFIT COMPONENT FOR
SPECIAL BENEFITS; CHAPTERS 175 AND 185 SHARE
ACCOUNTS; PROVIDING FOR SEVERABILITY, REPEAL OF
CONFLICTING ORDINANCES, EFFECTIVE DATE AND
INCORPORATION INTO THE CODE.
WHEREAS, the City of Titusville and the International Association of
Firefighters, Local 2445 (“IAFF”) have ratified a new collective bargaining
agreement that includes certain changes to pension benefits as provided for
herein; and
WHEREAS, an amendment to the Titusville Police Officers’ and
Firefighters’ Pension Plan (“Plan”) is necessary to permit such new obligations and
conditions; and
WHEREAS, the Board of Trustees of the Plan have requested and
approved such an amendment as being in the best interest of the participants and
beneficiaries as well as serving to improve the administration of the Plan; and
WHEREAS, the City Council has received and reviewed an actuarial impact
statement related to this change to the Plan; and
WHEREAS, the City Council has determined that it is in the best interest of
the citizens of the City of Titusville to amend its code of ordinances as set forth
hereinafter; and
Page 100 of 376

WHEREAS, for purposes of this ordinance words with underlined
(underlined) type shall constitute additions to the original text and words with
strikethrough (strikethrough) type shall constitute deletions from the original text.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TITUSVILLE, FLORIDA AS FOLLOWS:
SECTION 1. Chapter 15, Pensions and Retirement, Article III, Police

Officers’ and Firefighters’ Pension Plan, Division 5, Section 15-222, Benefit
amounts and eligibility, subparagraph (e), salary, of the Titusville General
Employees’ Pension Plan is hereby amended as follows:
Sec. 15-222. – Benefits effective June 30, 2013.
*****
(e) Salary. For purposes of this section, salary shall be defined as

follows:
(1) Police officers. A member's base pay, including special

duty incentives paid and actual educational incentive
pay in a total amount not to exceed six thousand seven
hundred fifty dollars ($6,750.00) per year, and
excluding overtime and all other forms of
compensation.
(2) Firefighters. A member's base pay, excluding overtime

and all other forms of compensation, but including the
following types of incentive pay in a total amount not to
exceed six thousand seven hundred fifty dollars
($6,750.00) per year:
a. Educational incentive pay for Associates Degree

and/or Bachelors' Degree in Fire Science as
provided by the State of Florida pursuant to F.S. §
633.832 633.422 as amended from time to time. In
the event the State of Florida discontinues this
incentive pay, the city shall pay such incentive pay
in the amount of thirty dollars ($30.00) per month
provided the city council approves such payment
as a budget item.
Page 101 of 376

b. State of Florida Fire Officer One certification pay in the

amount of fifty dollars ($50.00) per month.
c. State of Florida "Pump Officer" certification pay in the

amount of twenty-five dollars ($25.00) per month.
d. State of Florida Paramedic Certification pay in the

amount of two thousand dollars ($2,000.00) per
year, and Solo Paramedic Status pay in the
amount of five four thousand two five hundred fifty
dollars ($4,500.00) ($5,250.00) for a total of
$6,500 per year.
e. State of Florida Fire Officer Two certification pay in

the amount of fifty dollars ($50.00) per month.
f. State of Florida Fire Instructor certification shall

receive twenty-five dollars ($25.00) per month.
g. State of Florida Live Fire Instructor certification

shall receive fifty dollars ($50.00) per month.
h. Titusville S.W.A.T. Team shall receive fifty dollars

($50.00) per month.
*****
SECTION 2. Chapter 15, Pensions and Retirement, Article III, Police

Officers’ and Firefighters’ Pension Plan, Division 5, Section 15-237, Supplemental
benefit component for special benefits; Chapters 175 and 185 share accounts of
the Titusville Police Officers’ and Firefighters’ Pension Plan is hereby amended as
follows:
Sec. 15-237. – Supplemental benefit component for special

benefits; Chapters 175 and 185 share accounts.
There is hereby established a defined contribution plan component

(“Sshare Pplan”) to provide special benefits to police officers and
firefighters in addition to the benefits provided for in the previous
sections of this plan, such benefits to be funded solely and entirely
by F.S. Chs. 175 and 185, premium tax revenues that are allocated
to the share plan by agreement of the city and unions representing
police officers and firefighters. Amounts allocated to the share plan
3
Page 102 of 376

shall be further allocated to the members in a manner to be agreed

upon by the city and unions representing police officers and
firefighters.
1. Definitions
The following words and/or phrases shall, for the purpose of the
Share Plan, have the meanings indicated below.
a. “Account” means the participant’s Share Plan account

credited with: (i) F.S. 175 Premium Tax Monies; (ii)
Allocations of forfeitures, if any; (iii) Allocations of
investment gains or losses net of investment expense
fees; and (iv) Asset adjustments of applicable fees under
Section 3 hereof.
b. “Participant” means all Firefighters, including DROP

members, who are members of the Pension Plan as of
May 11, 2021 and have completed one (1) year of credited
service.
c. “Share” means the proportionate amount of applicable
Chapter 175 premium tax monies annually distributed
among Participants. Each Participant shall receive one (1)
equal portion of each eligible distribution of applicable
Chapter 175 premium tax monies allocated to their
respective Accounts.
d. “Funded Ratio” means the actuarial value of assets
divided by the actuarial accrued liability, as reflected in the
most recent actuarial valuation.
2. Funding of Share Account:
In accordance with Sec. 15-192(b)(2), fifty (50%) percent of the

Chapter 175 premium tax distribution received in the plan year
following any year in which the Funded Ratio of the Plan reaches
or exceeds ninety (90%) percent, will be used to fund the Share
Plan. An equal share of such premium tax funds shall be
allocated to each firefighter member’s Share Account as provided
herein.
3. Initial Funding of Participant Share Accounts with F.S. 175

Premium Tax Reserve Monies:
Page 103 of 376

The Share Account of each Participant employed as of May 11,

2021 shall be credited as follows. Each eligible Participant shall
receive one share. Pursuant to subsection 2, the total number of
shares thus determined shall be divided into the eligible amount
of premium tax revenues received for 2020 (i.e. $190,846.47) to
derive the initial value of each share and corresponding allocation
to respective Participant Accounts.
4. Annual Crediting: For any year in which funds are allocated to the
Share Plan in accordance with Sec. 15-192(b)(2), individual
Share Accounts shall be credited with equal shares of such funds
as provided in this subsection 4. One-half (i.e., 50%) of the
Chapter 175 premium tax distribution received in the Plan year
following any year in which the Plan’s Funded Ratio reaches or
exceeds ninety (90%) percent shall be divided equally between
the Share Accounts of each firefighter member on the City’s
payroll records as of September 30th of the Plan year during
which such distribution was received.
5. Investment Earnings and Losses, or Interest: Effective

September 30, 2021, and each September 30th thereafter, the
share account of each eligible Participant, who is not currently
receiving a monthly pension benefit, shall be credited or debited
with earnings or losses at a rate equal to the Pension Plan’s
actual net rate of investment return for the preceding Plan year
and applied to the total balance in their respective individual
Share Account valued at the close of the immediately preceding
fiscal year.
6. Distribution of Share Accounts:
a. Eligible Participants: Upon eligibility for receipt of pension

benefits from the Pension Plan, Participants shall receive a
distribution of 100% of the balance in his or her Share
Account, together with all earnings and losses and interest
credited or debited to the Share Account through the end of
the quarter prior to termination.
b. The designated beneficiary of a Participant who dies prior to receipt

of monthly pension benefit shall receive the accumulated total of his
or her Share Account balance. A member who is awarded a
disability pension from the Pension Plan shall receive the
accumulated total of his or her share account balance at the time of
such benefit eligibility. There shall be no forfeiture of a Participant’s
Page 104 of 376

Share Account based on the Participant’s death, disability or

termination of employment except as provided by law.
c. Payment of Share Account benefits accumulated in a Participant’s

Share Account shall be by either lump sum or qualified roll over
pursuant to the Internal Revenue Code. Payments shall consist of
the accumulated total balance of the Share Account as described
herein or, at the participant’s direction, their share account balance
may be rolled over to another qualified plan, with an additional
payment made for any amount credited in the year following death,
disability, retirement or termination of employment.
7. Forfeiture:
In the event that a Share Plan Participant separates from

employment with the City prior to vesting, their participation in the
Share Plan shall be terminated and the assets of their Share Plan
Account shall be credited to the Accounts of eligible Participants
in equal amounts as soon as possible, but no later than ninety
(90) days after separation from the City.
8. Termination and Amendment. This Share Plan defined

contribution retirement benefit shall remain in effect until all
persons eligible to receive payment hereunder have died or until
this Share Plan is sooner amended by the Titusville City Council
as a result of a ratified agreement between the City and the
bargaining unit representative(s) of Firefighter Members, or as
may be required by law. Upon termination of the Share Plan, each
Participant shall become one-hundred-percent (100%) vested in
their Account and the balance of each Participant’s Share Plan
Account shall be distributed in a lump sum or via eligible qualified
rollover as soon as administratively possible following the
effective date of the Share Plan’s termination.
9. Benefits: An eligible Participant or beneficiary shall receive a

distribution of the balance of the Participant’s Share Account
upon termination of employment, disability, retirement or death in
accordance with Section 6. However, no Participant shall receive
a benefit from the Share Plan in excess of the amount credited to
their Share Account. The entire amount of an eligible
Participant’s Share Account shall be distributed within sixty (60)
days following the earlier of either Participant’s termination of
employment or death, less any administrative expenses.
Page 105 of 376

a. If a Participant terminates their employment with the

Titusville Fire Department for any reason on or after the
vesting date of their employment, they shall receive a
benefit equal to the entire amount of their Share Account
in accordance with Section 6.
b. If a participant dies before payment of their Share Plan

benefits begin, the entire amount of their Account shall be
paid to their designated beneficiary. The Pension Board
may require and rely upon such proof of death and such
evidence of the right of any beneficiary or other person to
receive the value of the Account of a deceased participant
as the Pension Board may deem proper and its
determination of the right of that beneficiary or other
person to receive payment shall be conclusive.
c. A participant who meets full retirement requirements (as

defined in Chapter 15, Article III of the Titusville, FL Code
of Ordinances; Police Officers’ and Firefighters’ Pension
Plan) or retires by reason of disability shall receive the
entire amount of their Account.
SECTION 3. The provisions of this Ordinance shall become and be made
a part of the Code of Ordinances of the City of Titusville and the Sections of this
Ordinance may be renumbered or re-lettered to accomplish such intent. The Code
codifier is granted reasonable authority to codify the provisions of this Ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of such conflict.
SECTION 5. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other
provision or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this and the provisions of this Ordinance are
declared severable.
Page 106 of 376

SECTION 6. This Ordinance shall be effective upon passage; however, the
provisions of this Ordinance that are specified to take effect as of a date certain
shall take effect as of the date specified herein.
PASSED AND ADOPTED THIS day of , 2021.
MAYOR DANIEL E. DIESEL
ATTEST:
WANDA WELLS, MMC, CITY CLERK
Page 107 of 376

AD#4835069, 7/ 29/ 2021

CITY OF TITUSVILLE
NOTICE OF PROPOSED ENACTMENT OF
TITUSVILLE CITY ORDINANCE
AND PUBLIC HTTHHERETOWITH RESPECT
a14.1
O 1 o21
PLEASE TAKE NOTICE that the City
1
4. Council of the City of Titusville will hold
a public hearings on Tuesday, August 10, ,
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
Ordinance No. 17- 2021- AN ORDINANCE

OF THE CITY OF TITUSVILLE, FLORIDA,
AMENDING CHAPTER 15, PENSIONS AND
RETIREMENT, ARTICLE III, POLICE OFFI-
CERS' AND FIREFIGHTERS' PENSION
PLAN, OF THE CODE OF ORDINANCES OF
THE CITY OF TITUSVILLE; AMENDING DI-
VISION 5, SECTION 15- 222, BENEFITS EF-
FECTIVE JUNE 30, 2013, AND DIVISION 5,
SECTION 15- 237, SUPPLEMENTAL BENE-
FIT COMPONENT FOR SPECIAL BENEFITS;
CHAPTERS 175 AND 185 SHARE AC-
COUNTS; PROVIDING FOR SEVERABILITY,
REPEAL OF CONFLICTING ORDINANCES,
EFFECTIVE DATE AND INCORPORATION.
INTO THE CODE
The proposed ordinance may be inspect-

ed in the City Clerk' s Office during nor-
mal business hours, Monday through
Friday ( excluding holidays and week-
ends) All interested parties are hereby
advised that they may appear at said
meetings and public hearings and be
heard with respect to the proposed ordi-,
nance
Any person who decides to appeal any

decision of the City Council or the Plan-
ning and Zoning Commission with re-
spect 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 testi-
mony and evidence upon which the ap-
pealis to be based'
The City desires to accommodate per-

sons 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 request that the phys-
ically handicapped person desires to at-
tend the meeting to the City Clerk' s Of-
fice
Wanda F Wells, MMC, City Clerk,

City of Titusville
555 South Washington Avenue,
Post Office Box 2806,
Titusville, Florida 32781- 2806
Pbone 321- 567- 3686 and
Fax 321- 383- 5704
Page 108 of 376

Category: 9.
Item: B.
City of Titusville

Subject: Ordinance No. 18-2021 - Relating to Review of Lot Splits and Flag
Lot Approvals
Recommended Action:
Conduct the second reading and public hearing of Ordinance No. 18-2021 amending the Land
Development Regulations to delete provisions related to lot splits and amend provisions related to
flag lots by amending Chapter 30 “Development Standards” specifically amending Sections 30-140
“Flag lots” and 30-237 “Public streets and private roads in subdivisions”, Chapter 34 “Procedures”,
specifically renaming Article III “Subdivisions” Division 2 “Lot Split”, renaming and amending Section
34-113 “Lot split qualifications”, deleting Sections 34-111 “Intent”, 34-112 “Application” and 34-114
“Approval”, amending Chapter 34 “Procedures” by amending Sections 34-126 “Intent”, 34-143
“Small-scale plat qualifications”, and 34- 214 “Application classifications and review schedules”,
amending Chapter 37 “Definitions” by amending Section 37-1 “Definitions” and amending
“Development Review Procedures Technical Manual” by deleting Section 8 “Lot Split”, providing for
severability, repeal of conflicting ordinances, effective date and incorporation into the code.
This ordinance was reviewed by the Planning and Zoning Commission at their
meeting on July 21, 2021 and recommended approval, 5-2. The members that did not
vote in favor of the approval said the ordinance change did not resolve the problem.

At the request of a citizen, the Titusville City Council approved advisability for staff to review the
City's land development regulations related to lot split approval.
The lot split process is the review and approval of the creation of two (2) lots from one (1)
existing lot to ensure that both new lots meet the requirements of the Code. Pursuant to
Florida Statutes, the creation of three (3) or more lots is a subdivision and the code contains
requirements for these situations. The staff is recommending removal of the current lot split
process because there is no mechanism to ensure that lots splits are reviewed by the City prior
to recording of the deeds with the Clerk's Office.
Generally staff becomes aware of a lot split when a development permit is requested for the
subject parcel and works with the owner to address any issues that arise. The existence of the
current code has, in some cases, hindered permitting for proposed development by requiring
Page 109 of 376

two property owners to go through the lot split process after the fact.
Flag lot requirements are not being changed, although references to flag lots are being
amended as the code currently references flag lots in the lot split provisions.
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. 2 – Efficient and Effective ServicesNo. 4 – Economic Development
ATTACHMENTS:
Ordinance 7/16/2021 Backup
Material
Combo Ad 8/2/2021 Backup
Material
Page 110 of 376

ORDINANCE NO. XX-2021

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS TO DELETE PROVISIONS RELATED
TO LOT SPLITS AND AMEND PROVISIONS RELATED TO FLAG LOTS BY
AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS” SPECIFICALLY
AMENDING SECTIONS 30-140 “FLAG LOTS” AND 30-237 “PUBLIC STREETS
AND PRIVATE ROADS IN SUBDIVISIONS”, CHAPTER 34 “PROCEDURES”,
SPECIFICALLY RENAMING ARTICLE III “SUBDIVISIONS” DIVISION 2 “LOT
SPLIT”, RENAMING AND AMENDING SECTION 34-113 “LOT SPLIT
QUALIFICATIONS”, DELETING SECTIONS 34-111 “INTENT”, 34-112
“APPLICATION” AND 34-114 “APPROVAL”, AMENDING CHAPTER 34
“PROCEDURES” BY AMENDING SECTIONS 34-126 “INTENT”, 34-143
“SMALL-SCALE PLAT QUALIFICATIONS”, AND 34- 214 “APPLICATION
CLASSIFICATIONS AND REVIEW SCHEDULES”, AMENDING CHAPTER 37
“DEFINITIONS” BY AMENDING SECTION 37-1 “DEFINITIONS” AND
AMENDING “DEVELOPMENT REVIEW PROCEDURES TECHNICAL
MANUAL” BY DELETING SECTION 8 “LOT SPLIT”, PROVIDING FOR
SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE
DATE AND INCORPORATION INTO THE CODE.
WHEREAS, on March 9, 2021 the Titusville City Council approved advisability for staff to
review the City’s land development regulations related to lot splits; and
WHEREAS, staff’s analysis has confirmed that regulation of lots splits and creation of flag
lots are intended to eliminate the creation of unbuildable lots; and
WHEREAS, there is currently no effective mechanism to enforce the creation of two lots
before the transaction is finalized and Florida Statutes does not allow local governments to
prohibit the sale of land; and
WHEREAS, the Titusville City Council has determined that certain lot split provisions do
not serve their intended purpose and have determined the code should be amended to delete
these provisions.
NOW, THEREFORE, BE IT ENACTED by the City of Titusville, Florida as follows:
Section 1: That Chapter 30 “Development Standards”, Article III “Improvements”, Division

1 “Subdivisions – Lots and Blocks”, Section 30-140 “Flag lots” of the Land Development
Regulations of the City of Titusville is hereby deleted in its entirety to read as follows:
Sec. 30-140. - Flag lots.
Flag lots shall adhere to the standards set forth in Section 34-113, Flag lotsLot split
qualifications.
Section 2: That Chapter 30 “Development Standards”, Article III “Improvements”, Division 7

“Streets/Sidewalks/Bikes”, Section 30-237 “Public streets and private roads in subdivisions” of the
Land Development Regulations of the City of Titusville is hereby amended to read as follows:
Sec. 30-237. - Public streets and private roads in subdivisions.
(b) In all residential districts (R-districts) no dwelling, except those located in a Planned
Development or in an approved lot split or small-scale plat, or flag lot meeting the
Tree Protection Compromise Version
November 12, 2020 Page 1 of 7
Page 111 of 376

requirements of Section 34-113, Flag lots, shall be erected on a lot which does not abut at
least one (1) public street for at least fifty (50) feet, except that a minimum street abutment
distance of twenty-five (25) feet shall apply to properties of an irregular shape provided that
a minimum building line width of fifty (50) feet is met at the required front yard setback line,
measured from the street right-of-way line. A single-family dwelling may be erected on a flag
lot as defined herein and permitted within the lot split and small-scale plat process, Chapter
34, Procedures, Article IV, Subdivisions, Division 2, Lot split and Division 4, Small-scale plat
where the width of such lot does not entirely abut a dedicated public street. The use of an
easement for purposes of abutting a lot with a public street shall not comply with this
requirement.
Section 3: That Chapter 34 “Procedures”, Article III “Subdivisions”, Division 2 “Lot Split” is
hereby renamed to “Flag Lot”, and Section 34-111 “Intent” and Section 34-112 “Application” of
the Land Development Regulations of the City of Titusville is hereby deleted in its entirety to read
as follows:
DIVISION 2. FLAG LOT- LOT SPLIT
Sec. 34-111. - Intent.- Reserved
The approval of a lot split is intended to be an administrative process for the division, or creation
of lots in any zoning district not requiring the creation of new streets or rights-of-way. The
process provides for the division of a limited number of lots with minimal need for public facility
improvements, and access provided by existing public streets or private ways. This section is
also designed to provide for infill in areas of the City currently served by adequate public
facilities and services through a streamlined approval process. It is further intended to
encourage the application and review of said divisions for the standards and requirements
contained within these regulations while minimizing the costs of division review and the
imposition of unnecessary requirements. For purposes of this article a lot split will be defined as
follows: is the simple division of a single parcel of land into two (2) parcels meeting the
requirements of Article III, Division 2.
Sec. 34-112. - Application. -Reserved
Application for a lot split shall be made on forms provided by the Administrator and shall
provide the information set forth in the Development Review Procedures Manual, Section 8.1.
The Administrator shall have fifteen (15) working days to review said application and either
approve, approve with conditions or deny said request. The findings of the Administrator shall
be forwarded to the applicant in writing and, in the case of approval with conditions, shall be
agreed to by the applicant in writing within ten (10) days of the receipt of said findings.
Section 4: That Chapter 30 “Development Standards”, Article III “Subdivisions”, Division 2

“Lot Split”, Section 34-113 “Lot split qualifications” of the Land Development Regulations of the
City of Titusville is hereby renamed to “Flag lots” and is amended to read as follows:
Sec. 34-113. -– Flag lots Lot split qualifications.
(a) To qualify for a lot split the following conditions must be met:
(1) In all zoning districts, except as provided for below, where improvements being
proposed do not exceed the following criteria:
Lot Split/Flag Lot Ordinance

April 22, 2021 Page 2 of 7
Page 112 of 376

a. Water, sewer and reuse can be provided by the addition of service lateral only for
each lot being proposed (no main extensions required).
b. A stormwater management facility can be provided independent of any other
created or existing lot. Each lot must have its own legal positive outfall. If the
proposed lot split is part of a previously approved development with a stormwater
management system in compliance this requirement may be waived. It is the
applicant's responsibility to provide documentation validating the stormwater system
rights.
c. There is a reasonable buildable area that does not have any adverse impacts to
wetlands, threatened/endangered species or any environmental concerns.
d. Lots cannot be subdivided/split in such a way as to increase development density
or intensity in a special flood hazard area.
e. Access for each lot will be from a driveway connection only. There is no public street
or private way extension(s) required.
f. The proposed lot split does not require any dedication of areas to the public.
(2) No property may be divided in a manner which would result in any lot having an area
or width less than that required by the zoning district in which it is located.
(13) Flag lots may be permitted inIn the OR zoning district as may be permitted by a
conditional use permit as set forth in Section 28-54 of these [Land Development]
Regulations.
(24) Flag lots may be approved for a single-family home in all residential zoning districts.
Generally, flag lots shall be discouraged unless it can be reasonably shown that there is
no other way to develop or gain access to said property for residential use. Said flag lot
shall have a minimum frontage of twenty-five (25) feet on an existing dedicated public
street or private way and usable access to the main body of the flag lot. In addition, the
following requirements shall be applicable to flag lots created by this section:
a. A flag lot shall be a single parcel, tract or plot of land of one (1) acre or larger,
connected to an existing dedicated public street or a private way by a narrow stem
of no less than twenty-five (25) feet in width, which shall not be used to calculate the
minimum lot area.
b. No more than two (2) flag lots shall be subdivided out of any parcel.
c. Single access strips or double access strips shall be a minimum of two hundred
eighty (280) feet apart regardless of ownership.
d. The access strip for each flag lot shall intersect an existing dedicated public street
or private way at no less than a sixty-degree angle for at least one hundred (100)
feet from the street right-of-way.
e. The Administrator may approve the issuance of a building permit for a single-family
dwelling on a flag lot with a minimum frontage of twenty (20) feet, upon the
submission of proof by the applicant, that the deed for same was recorded on or
before June 26, 1978.
f. Section 30-227, Entrances to streets shall apply to flag lots.

Page 113 of 376

Section 5: That Chapter 34 “Procedures”, Article III “Subdivisions”, Division 2 “Lot Split”
Section 34-114 “Approval” of the Land Development Regulations of the City of Titusville is hereby
deleted in its entirety to read as follows:
Sec. 34-114. Reserved- Approval.

(a) Lot split approval. Article III, Subdivisions, the Administrator shall approve the proposed
division unless the division is not a lot split as set forth in Section 34-113, or the application,
or the proposed division, fails to comply with requirements of this section. However, for good
cause shown, either the Administrator or the applicant may at any time refer the application
to the subdivision approval process in Article III, Subdivisions.
(b) Disapproval. If the division is disapproved, the Administrator shall within ten (10) days
furnish the applicant with a written statement of the reason for disapproval.
Section 6: That Chapter 34 “Procedures”, Article III “Subdivisions”, Division 3 “Minor Division
(Nonresidential)”, Section 34-126 “Intent” of the Land Development Regulations of the City of
Titusville is hereby amended to read as follows:
Sec. 34-126. - Intent.
The approval of a lot split, small-scale plat, and nonresidential minor division is intended to
be an administrative process for the division, or creation of lots in any zoning district not
requiring the creation of new streets or rights-of-way. These processes provide for the division
of a limited number of lots with minimal need for public facility improvements, and access
provided by existing public streets or private ways. Where a parcel is part of, and governed by,
a current approved site plan, a nonresidential minor division allows for the fee simple ownership
of portions of the site without the need to plat the newly created lots, while maintaining the
integrity of the approved site plan. This section is also designed to provide for infill in areas of
the City currently served by adequate public facilities and services through a streamlined
approval process. It is further intended to encourage the application and review of said divisions
for the standards and requirements contained within these [subdivision] regulations while
minimizing the costs of division review and the imposition of unnecessary requirements. For
purposes of this article a lot nonresidential minor division will be defined as the fee simple
division of portions of a parcel which is part of, and governed by, a current approved site plan.
Section 7: That Chapter 34 “Procedures”, Article III “Subdivisions”, Division 4 “Small-Scale

Plat”, Section 34-143 “Small-scale plat qualifications” of the Land Development Regulations of
the City of Titusville is hereby amended to read as follows:
Sec. 34-143. - Small-scale plat qualifications.
(a) To qualify for a small-scale plat the following conditions must be met:
(1) In all zoning districts, except as provided for below, where improvements being
proposed do not exceed the following criteria:
a. Water, sewer and reuse can be provided by the addition of service lateral only for
each lot being proposed (no main extensions required).
b. A stormwater management facility can be provided independent of any other
created or existing lot. Each lot must have its own legal positive outfall. If the
Page 114 of 376

proposed lot(s) to be created split is part of a previously approved development with

a stormwater management system in compliance this requirement may be waived.
It is the applicant's responsibility to provide documentation validating the stormwater
system rights.
c. There is a reasonable buildable area that does not have any adverse impacts to
wetlands, threatened/endangered species or any environmental concerns.
d. Lots cannot be subdivided/split in such a way as to increase development density
or intensity in a special flood hazard area.
e. Access for each lot will be from a driveway connection only. There is no public street
or private way extension(s) required.
f. The proposed lot(s) to be created split does not require any dedication of areas to
the public.
(2) No property may be divided in a manner which would result in any lot having an area
less than that required by the zoning district in which it is located.
(3) Flag lots may be approved for a single-family home in all residential zoning districts.
Generally, flag lots shall be discouraged unless it can be reasonably shown that there is
no other way to develop or gain access to said property for residential use. Said flag lot
shall have a minimum frontage of twenty-five (25) feet on an existing dedicated public
street or private way and usable access to the main body of the flag lot. In addition, the
following requirements shall be applicable to flag lots created by this section:
a. A flag lot shall be a single parcel, tract or plot of land of one (1) acre or larger,
connected to an existing dedicated public street or a private way by a narrow stem
of no less than twenty-five (25) feet in width, which shall not be used to calculate the
minimum lot area.
b. No more than two (2) flag lots shall be subdivided out of any parcel.
c. Single access strips or double access strips shall be a minimum of two hundred
eighty (280) feet apart regardless of ownership.
d. The access strip for each flag lot shall intersect an existing dedicated public street
or private way at no less than a sixty-degree angle for at least one-hundred (100)
feet from the street right-of-way.
e. The Administrator may approve the issuance of a building permit for a single-family
dwelling on a flag lot with a minimum frontage of twenty (20) feet, upon the
submission of proof by the applicant, that the deed for same was recorded on or
before June 26, 1978.
f. Section 30-227, Entrances to streets shall apply to flag lots.
Section 8: That Chapter 34 “Procedures”, Article IV “Site Plans”, Section 34-214 (a) (1)
“Application classifications and review schedules” of the Land Development Regulations of the
City of Titusville is hereby amended to read as follows:
Sec. 34-214. - Application classifications and review schedules.
(a) Applications for site plan and subdivision review are divided into two (2) classifications as
follows. The Administrator shall make the final decision on the assignment of each application
to a specific classification.
Page 115 of 376

(1) Class I minor improvement applications shall include:

a. Commercial/industrial landscape improvement.
b. Clearing permit.
c. Stormwater drainage improvement, such as swales.
d. Service lateral repair or upgrade.
e. Drives and walks accessory to an existing structure.
f. Resurfacing and/or restriping of previously approved parking areas.
g. New parking lots of less than one thousand (1,000) square feet.
h. Additions to nonresidential or multifamily residential structures where the addition is
less than one thousand (1,000) square feet or less.
i. Lot splits with existing streets and utilities (potable water, sanitary sewer, stormwater
management).
j. A single item improvement not included in a Class II application such as a trash
enclosure, a sidewalk, a driveway connection, etc.
Section 9: That Chapter 37 “Definitions”, Section 37-1 “Definition” of the Land Development
Regulations of the City of Titusville is hereby amended to delete a definition to read as follows:
Sec. 37-1. – Definitions
Lot split: Is the simple division of a single parcel of land into two (2) parcels meeting the
requirements of Chapter 34, Article III, Divisions 2, 3, and 4.
Section 10: That Development Review Procedures Technical Manual Section 8 “Lot Split” of
the Land Development Regulations of the City of Titusville is hereby amended to be deleted in its
entirety to read as follows:
8. - LOT SPLIT.[6]
This section includes submittal requirements for a Lot Split.
8.1. Lot Split Required Submittals (From Sec. 34-112).
The following information/exhibits shall be required with the application for a lot split:
8.1.1. One (1) copy of the application form with fees.
8.1.2. A metes and bounds description with a Sketch of Legal and boundary survey certified
by a Professional Land Surveyor (PLS) registered in the State of Florida.
8.1.2.1. The Sketch of Legal must include lot lines, dimensions and acreage for the lot
being created, the total tract and all lots.
8.1.3. A development sketch showing all existing utilities and the stormwater legal positive
outfall location for each lot.
8.1.3.1. The development sketch must include the following note "All future
development of these lots will require the owner to meet all Land Development
Regulations of the City of Titusville including, but not limited to, utilities, stormwater,
landscaping and zoning."
Page 116 of 376

8.1.4. Title Opinion with all encumbrances.

8.1.5. Any covenants, deed restrictions or other required documents.
SECTION 11: 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 12: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 13: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.
SECTION 14. INCORPORATION INTO CODE. This ordinance shall be incorporated into
the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and any
heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this ordinance and the Code may be made.
PASSED AND ADOPTED this _________ day of _________________ 2021.
____________________________
ATTEST:
__________________________

Page 117 of 376

City Council Regular - August 10, 2021 - 6:30 PM A0641315271, 7/ 15/ 2021
CITY OF TITUSVILLE
NOTICE OF PUBLIC HEARINGS

Council of the City of Titusville, Florida
will hold public hearings on Tuesday,
August. 10, 2021, at a meeting commenc-
ing 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
ordinances:
AN ORDINANCE OF THE CITY Of TITUS-

VILLE, FLORIDA,- AMENDING THE LAND
0 I 5 102_Qd_ I DEVELOPMENT
LETE PROVISIONS
REGULATIONS
RELATED
TO. DE-
TO LOT
SPLITS AND AMEND PROVISIONS RELAT-.
ED TO FLAG LOTS BY AMENDING CHAP-
TER 30 " DEVELOPMENT STANDARDS"
SPECIFICALLY AMENDING SECTIONS 30-
140 ' FLAG LOTS" AND 30- 237 " PUBLIC
STREETS AND PRIVATE ROADS IN SUBDI-
VISIONS", CHAPTER 34 " PROCEDURES",
SPECIFICALLY RENAMING ARTICLE III
SUBDIVISIONS" DIVISION 2 " LOT SPLI-
T', RENAMING AND AMENDING SEC-
TION 34- 113" LOT SPLIT QUALIFICATION-
S", DELETING SECTIONS 34- 111 " INTEN-
T", 34- 112'" APPLICATION" AND 34- 114
APPROVAL", AMENDING CHAPTER 34
PROCEDURES" BY AMENDING SEC-.
TIONS 34- 126" INTENT", 34- 143" SMALL-
SCALE PLAT QUALIFICATIONS", AND 34-
214 " APPLICATION CLASSIFICATIONS
AND• REVIEW SCHEDULES", AMENDING
CHAPTER 37" DEFINITIONS" BY' AMEND-
ING SECTION 37- 1 " DEFINITIONS" AND
AMENDING " DEVELOPMENT REVIEW
PROCEDURES TECHNICAL MANUAL" BY
DELETING SECTION 8" LOT SPLIT", PRO-
VIDING FOR SEVERABILITY, REPEAL OF
CONFLICTING ORDINANCES, EFFECTIVE
DATE AND INCORPORATION INTO THE
CODE; and
AN ORDINANCE OF THE CITY OF TITUS-

VILLE, FLORIDA, AMENDING FLOOD-
PLAIN MANAGEMENT' STANDARDS TO
8E CONSISTENT WITH FEDERAL EMER-
GENCY MANAGEMENT REQUIREMENTS
BY AMENDING CHAPTER 30' DEVELOP-
MENT STANDARDS", SPECIFICALLY
AMENDING SECTIONS 30- 92 " APPLICA-
BILITY", "( C), BASIS FOR ESTABLISHING
FLOOD HAZARD AREAS", 30- 100 " DEFI-
NITIONS", AND 30- 104 " MANUFAC-
TURED HOMES", "( D), ELEVATION",
PROVIDING FOR SEVERABILITY, REPEAL
OF CONFLICTING ORDINANCES, EFFEC-
TIVE DATE AND INCORPORATION- INTO •
THE CODE.
PLEASE ALSO TAKE NOTICE that on

Wednesday, July 21, 2021, at a meeting
commencing at 6: 00 p.m.. the Planning
and Zoning Commission will hold public
hearings to hear interested persons' with
regard to these matters for recommen-
dation to the. City Council. This meeting
and the public hearings will be held on
the second floor of City Hall, 555 South
32796.
The proposed ordinances' may be in-

spected by the public at the City of Titus-
ville City Clerk' s Office. All interested
parties are hereby advised that they may
appear at said meetings and public hear-
ings and be heard with respect to said
ordinances.

decision of the City of Titusville 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 in-
cludes the testimony and evidence upon
which the appeal is to be based.

to Chapter 286.26 Florida Statutes,
fice.
Wanda F. Wells, MMC, City Clerk, City of

Titusville, 555 South Washington Ave-
nue, Post OfficeBox2806, Titusville,
Florida 32781- 2806, Phone 321- 567- 3686,
and Fax 321- 383- 5704
Page 118 of 376

Category: 9.
Item: C.
City of Titusville

Subject: Ordinance No. 19-2021 Relating to Floodplain Regulations
Recommended Action:
Conduct the second reading and public hearing of Ordinance No. 19-2021 amending floodplain
management standards to be consistent with Federal Emergency Management Requirements by
amending Chapter 30 “Development Standards”, specifically amending Sections 30-92
“Applicability”, “(c), Basis For Establishing Flood Hazard Areas”, 30-100 “Definitions”, and 30-104
“Manufactured Homes”, “(d), Elevation”, provide for severability, repeal of conflicting ordinance,
effective date and incorporation into the code.
The Planning and Zoning Commission considered this ordinance during their meeting on
July 21, 2021 and recommended approval (7:0).

Based on policy changes issued by FEMA, staff is proposing the following amendments to the
flood management regulations:
Adopts the most current Flood Insurance Study for Brevard County Florida and
Incorporated Areas dated January 29, 20201 as adopted by Brevard County.
Removes the definitions of "existing manufactured home park or subdivision", "expansion
to an existing manufactured home park or subdivision", and "new manufactured home
park or subdivision."
Amends the standards for manufactured homes to require that all manufactured homes
that are placed, replaced or substantially improved in flood hazard areas be elevated such
that the bottom of the frame is at or above the elevation required in the Florida Building
Code.
This ordinance has been reviewed by the Florida Division of Emergency Management.
Alternatives:
1. Adopt the ordinance as written.
2. Adopt the ordinance with changes.
3. Provide other direction to staff.
Page 119 of 376

Item Budgeted:
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective ServicesNo. 4 – Economic Development
ATTACHMENTS:
Floodplain Regulation Ordinance 7/8/2021 Backup
Material
FEMA Notification 7/8/2021 Backup
Material
Combo Ad 8/2/2021 Backup
Material
Page 120 of 376

ORDINANCE NO. 19-2021
AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING FLOODPLAIN

MANAGEMENT STANDARDS TO BE CONSISTENT WITH FEDERAL EMERGENCY
MANAGEMENT REQUIREMENTS BY AMENDING CHAPTER 30 “DEVELOPMENT
STANDARDS”, SPECIFICALLY AMENDING SECTIONS 30-92 “APPLICABILITY”,
“(C), BASIS FOR ESTABLISHING FLOOD HAZARD AREAS”, 30-100 “DEFINITIONS”,
AND 30-104 “MANUFACTURED HOMES”, “(D), ELEVATION”, PROVIDING FOR
SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 – Municipalities,
Florida Statutes, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104-
008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
Structures; and the City of Titusville determined it is appropriate to adopt regulations that are
consistent with the FEMA Policy; and
WHEREAS, the City of Titusville, Florida participates in the National Flood Insurance
Program and in the NFIP’s Community Rating System (CRS), a voluntary incentive program that
recognizes and encourages community floodplain management activities that exceed the
minimum program requirements; and
WHEREAS, the City of Titusville has achieved a CRS rating of Class 7, making citizens
who purchase NFIP flood insurance policies eligible for premium discounts; and
WHEREAS, in 2020 the NFIP Community Rating System established certain minimum
prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and
WHEREAS, to satisfy the prerequisite and for the City to maintain the current CRS rating,
all manufactured homes installed or replaced in special flood hazard areas must be elevated such
that the lowest floors are at or above at least the base flood elevation plus 1 foot, which
necessitates modification of the existing requirements; and
WHEREAS, the Titusville City Council has determined that it is in the public interest to
amend the floodplain management regulations to better protect owners and occupants of
manufactured homes and to continue participating in the Community Rating System at the current
class rating.
NOW, THEREFORE, BE IT ENACTED by the City of Titusville, Florida
Section 1. Recitals. The foregoing recitals are deemed true and correct and are
hereby incorporated herein by this reference.
Flood Regulation Update

June 8, 2021 Page 1 of 4
Page 121 of 376

SECTION 2. That Chapter 30 “Development Standards”, Article II, “Environmental”,

Division 7 “Flood Management”, Subdivision 1 “Administration”, Section 30-92 (c) “Applicability,
Basis for establishing flood hazard areas” of the Code of Ordinances, City of Titusville is hereby
amended to reads as follows:.
Sec. 30-92. - Applicability.

(c) Basis for establishing flood hazard areas. The Flood Insurance Study for Brevard County,
Florida and Incorporated Areas dated January 29, 2021 March 17, 2014, and all subsequent
amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all
subsequent amendments and revisions to such maps, are adopted by reference as a part of
this division and shall serve as the minimum basis for establishing flood hazard areas. Studies
and maps that establish flood hazard areas are on file at the Community Development
Department, 555 South Washington Avenue, Titusville, FL.
(1) Submission of additional data to establish flood hazard areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 30-95 of this division the
Floodplain Administrator may require submission of additional data. Where field
surveyed topography prepared by a Florida licensed professional surveyor or digital
topography accepted by the City indicates that ground elevations:
a. Are below the closest applicable base flood elevation, even in areas not
delineated as a special flood hazard area on a FIRM, the area shall be
considered as flood hazard area and subject to the requirements of this division
and, as applicable, the requirements of the Florida Building Code.
b. Are above the closest applicable base flood elevation, the area shall be
regulated as special flood hazard area unless the applicant obtains a letter of
map change that removes the area from the special flood hazard area.

Division 7 “Flood Management”, Subdivision 2 “Definitions” Section 30-100 “Definitions” of the
Code of Ordinances, City of Titusville is hereby amended to delete the following definitions which
read as follows:.
Sec. 30-100. - Definitions.

Existing manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed before March 25,
1975.
Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).

Page 122 of 376

New manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after March 25,
1975.
Division 7 “Flood Management”, Subdivision 3 “Flood-Resistant Development”, Section 30-104
(d) “Manufactured homes, Elevation” of the Code of Ordinances, City of Titusville is hereby
amended to read as follows:.
Sec. 30-104. - Manufactured homes.

(d) Elevation. All Mmanufactured homes that are placed, replaced, or substantially improved in
flood hazard areas shall be elevated such that the bottom of the frame is at or above the
elevation required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2, Elevation requirements (Zone A). comply with Section 30-
104(d)(1) or 30-104(d)(2) of this division, as applicable.
(1) General elevation requirement. Unless subject to the requirements of Section 30-
104(d)(2) of this division, all manufactured homes that are placed, replaced, or
substantially improved on sites located:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision upon which a manufactured
home has incurred "substantial damage" as the result of a flood,
shall be elevated such that the bottom of the frame is at or above the elevation
required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (Zone A).
(2) Elevation requirement for certain existing manufactured home parks and subdivisions.
Manufactured homes that are not subject to Section 30-104(d)(1) of this division,
including manufactured homes that are placed, replaced, or substantially improved on
sites located in an existing manufactured home park or subdivision, unless on a site
where substantial damage as result of flooding has occurred, shall be elevated such that
either the:
a. Bottom of the frame of the manufactured home is at or above the elevation required
in the Florida Building Code, Residential Section R322.2 (Zone A); or
b. Bottom of the frame is supported by reinforced piers or other foundation elements
of at least equivalent strength that are not less than thirty-six (36) inches in height
above grade.
SECTION 5. SEVERABILITY. If any provisions of this Ordinance are for any reason
Page 123 of 376

SECTION 6. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

SECTION 7. 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.
SECTION 8. INCORPORATION INTO THE CODE. This ordinance shall be incorporated

into the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing:
Grammatical, typographical, and like errors may be corrected and additions, alterations, and
omissions, not affecting the construction or meaning of this ordinance and the Code may be made.
PASSED AND ADOPTED this _____th day of __________________, 2021.
________________________
ATTEST:
_________________________

Page 124 of 376

Page 125 of 376

Page 126 of 376

Page 127 of 376

Page 128 of 376

Page 129 of 376

Page 130 of 376

Page 131 of 376

Page 132 of 376

Page 133 of 376

City Council Regular - August 10, 2021 - 6:30 PM A0641315271, 7/ 15/ 2021
CITY OF TITUSVILLE

Council of the City of Titusville, Florida
will hold public hearings on Tuesday,
August. 10, 2021, at a meeting commenc-
ing 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
ordinances:
AN ORDINANCE OF THE CITY Of TITUS-

VILLE, FLORIDA,- AMENDING THE LAND
0 I 5 102_Qd_ I DEVELOPMENT
LETE PROVISIONS
REGULATIONS
RELATED
TO. DE-
TO LOT
SPLITS AND AMEND PROVISIONS RELAT-.
ED TO FLAG LOTS BY AMENDING CHAP-
TER 30 " DEVELOPMENT STANDARDS"
SPECIFICALLY AMENDING SECTIONS 30-
140 ' FLAG LOTS" AND 30- 237 " PUBLIC
STREETS AND PRIVATE ROADS IN SUBDI-
VISIONS", CHAPTER 34 " PROCEDURES",
SPECIFICALLY RENAMING ARTICLE III
SUBDIVISIONS" DIVISION 2 " LOT SPLI-
T', RENAMING AND AMENDING SEC-
TION 34- 113" LOT SPLIT QUALIFICATION-
S", DELETING SECTIONS 34- 111 " INTEN-
T", 34- 112'" APPLICATION" AND 34- 114
APPROVAL", AMENDING CHAPTER 34
PROCEDURES" BY AMENDING SEC-.
TIONS 34- 126" INTENT", 34- 143" SMALL-
SCALE PLAT QUALIFICATIONS", AND 34-
214 " APPLICATION CLASSIFICATIONS
AND• REVIEW SCHEDULES", AMENDING
CHAPTER 37" DEFINITIONS" BY' AMEND-
ING SECTION 37- 1 " DEFINITIONS" AND
AMENDING " DEVELOPMENT REVIEW
PROCEDURES TECHNICAL MANUAL" BY
DELETING SECTION 8" LOT SPLIT", PRO-
VIDING FOR SEVERABILITY, REPEAL OF
CONFLICTING ORDINANCES, EFFECTIVE
DATE AND INCORPORATION INTO THE
CODE; and
AN ORDINANCE OF THE CITY OF TITUS-

VILLE, FLORIDA, AMENDING FLOOD-
PLAIN MANAGEMENT' STANDARDS TO
8E CONSISTENT WITH FEDERAL EMER-
GENCY MANAGEMENT REQUIREMENTS
BY AMENDING CHAPTER 30' DEVELOP-
MENT STANDARDS", SPECIFICALLY
AMENDING SECTIONS 30- 92 " APPLICA-
BILITY", "( C), BASIS FOR ESTABLISHING
FLOOD HAZARD AREAS", 30- 100 " DEFI-
NITIONS", AND 30- 104 " MANUFAC-
TURED HOMES", "( D), ELEVATION",
PROVIDING FOR SEVERABILITY, REPEAL
OF CONFLICTING ORDINANCES, EFFEC-
TIVE DATE AND INCORPORATION- INTO •
THE CODE.

Wednesday, July 21, 2021, at a meeting
commencing at 6: 00 p.m.. the Planning
and Zoning Commission will hold public
hearings to hear interested persons' with
regard to these matters for recommen-
dation to the. City Council. This meeting
and the public hearings will be held on
the second floor of City Hall, 555 South
32796.
The proposed ordinances' may be in-

spected by the public at the City of Titus-
ville City Clerk' s Office. All interested
parties are hereby advised that they may
ings and be heard with respect to said
ordinances.

decision of the City of Titusville 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 in-
cludes the testimony and evidence upon
which the appeal is to be based.

to Chapter 286.26 Florida Statutes,
fice.

Titusville, 555 South Washington Ave-
nue, Post OfficeBox2806, Titusville,
Florida 32781- 2806, Phone 321- 567- 3686,
and Fax 321- 383- 5704
Page 134 of 376

Category: 9.
Item: D.
City of Titusville

Subject: Ordinance No. 21-2021 - Community Gardens
Department/Office: Planning
Recommended Action:
Conduct the first reading and first public hearing of Ordinance No. 21-2021 amending the Code
of Ordinances to allow community gardens as a permitted use in the Public (P) zoning district and a
limited use in Neighborhood Commercial (NC), General Use (GU), Downtown Mixed Use (DMU)
and Regional Mixed Use (RMU) zoning districts and to expand the limitation standards; by
amending Chapter 28, “Zoning”, specifically amending Sections 28-54 “Use Table” and 28-271
“Community Gardens”; providing for severability; repeal of conflicting ordinances; incorporation into
the code; and an effective date. (This is the first of two required public hearings. The second
and final public hearing is scheduled to be conducted by City Council on August 24, 2021 at
6:30p.m.)
The Planning and Zoning Commission considered this ordinance at their August 4, 2021
meeting and recommended approval with an amendment to remove the screening
requirements, 7-0.

Based upon a request by members of the public, City Council approved advisability for staff to
prepare amendments to the Code expanding the zoning districts in which community gardens
are permitted/limited uses. Council also expressed interest in visually buffering community
gardens along arterial roadways.
The proposed ordinance expands community gardens as a permitted use in the Public (P)
zoning district. Community gardens are proposed as a limited use in the General Use (GU),
Neighborhood Commercial (NC), General Use (GU), Downtown Mixed Use and Regional
Mixed Use zoning districts with requirement for a visual buffering along arterial roadways.
Alternatives:
1. Conduct the first reading of the ordinance.
2. Conduct the first reading of the ordinance and propose changes.
3. Do not conduct the first reading of the ordinance.
Page 135 of 376

Item Budgeted:
Strategic Plan:
ATTACHMENTS:
Material
Ad 1 of 2 prior to final hearing 8/2/2021 Backup
Material
Page 136 of 376

ORDINANCE NO. XX –2021

AMENDING THE CODE OF ORDINANCES TO ALLOW
COMMUNITY GARDENS AS A PERMITTED USE IN THE PUBLIC
(P) ZONING DISTRICT AND A LIMITED USE IN NEIGHBORHOOD
COMMERCIAL (NC), GENERAL USE (GU), DOWNTOWN MIXED
USE (DMU) AND REGIONAL MIXED USE (RMU) ZONING
DISTRICTS AND TO EXPAND THE LIMITATION STANDARDS; BY
AMENDING CHAPTER 28, “ZONING”, SPECIFICALLY AMENDING
SECTIONS 28-54 “USE TABLE” AND 28-271 “COMMUNITY
GARDENS”; PROVIDING FOR SEVERABILITY; REPEAL OF
CONFLICTING ORDINANCES; INCORPORATION INTO THE
CODE; AND AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities
shall have governmental, corporate and proprietary powers to enable municipalities to conduct
municipal government, perform municipal functions and render municipal services; and,
WHEREAS, Chapter 166, Florida Statutes, the “Municipal Home Rule Powers Act,”
implements the applicable provisions of the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law and to enact
ordinances in furtherance thereof; and
WHEREAS, Chapter 163, Florida Statutes, authorizes local governments to adopt land
development regulations and to enact ordinances in furtherance thereof; and
WHEREAS, community gardens are currently established as limited uses in residential

zoning districts, as well as Community Commercial (CC), Urban Mixed Use (UMU), Urban Village
(UV) and Indian River City Neighborhood Commercial (IRCN-R) zoning districts, and
WHEREAS, the Titusville City Council proposes to expand the zoning districts in which a
community garden is permitted; and
WHEREAS, a community garden will provide for social, educational, and recreational
activities as well as provide opportunities for the community to grow and harvest food crops and
non-food ornamental crops such as flowers; and
WHEREAS, the City Council finds that the adoption of these amendments to the Land
Development Regulations is reasonable, appropriate and in the best interest of the public health,
safety and welfare of the City of Titusville.
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference.
Section 2. That Chapter 28, “Zoning”, Article IV. “Use Table”, Section 28-54 “Use
table”, of the Code of Ordinances of the City of Titusville, are hereby amended to read as follows:
Community Garden Ordinance

July 21, 2021 Page 1 of 10
Page 137 of 376

Sec. 28-54. Use Table.

Agriculture Residential Districts Commercial Districts Industrial Districts Mixed-Use Standards
and Public
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
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 Section
Waterfront for Use
Specific
Standards
Agricultural Uses
Agricultural pursuits L 28-61
Horse boarding L 28-62
Processing, packaging, P 28-63
and sale of agricultural
products and
commodities produced
on-site
Residential
Additional residential C 28-71
density
Assisted living facility L L L C C C L C L L 28-72
(ALF)
Live/work unit P P P L 28-73
Manufactured housing P P 28-74
Multifamily dwellings P P P P P P L C P P P L 28-75
(duplex, triplex,
quadplex, etc.)
Neighborhood group P P P P P P P P P P P P P P C C P P 28-76
home
Patio homes P P 28-77
Residential/professional C C C C C C C C 28-78
use
Residential treatment C C 28-79
facilities
Single-family dwelling L C P P P P P P P C C P P P L P 28-80
(detached)
Tiny house L L L L L 28-80.5
Tiny house on wheels C L 28-80.6
(THOW)
Townhomes L L L L L P L C P P L L 28-81
Commercial
Advertising agency P P P P P P P P P P P P P P 28-91
Animal kennel P L C L L C L C L L 28-92
Animal shelter P C C L C C L L L 28-93
Arcade amusement C 28-94
center
Art, craft, and hobby P P P P P P P P P P P P 28-95
shop
Art studio P P P P P P P P P P P P P P 28-96
Automobile repair P P P P P L C P L 28-97
Automobile/vehicle P P L L L C P L L 28-98
sales
Bakery, retail P P P L P P P P P P P P L 28-99

July 21, 2021 Page 2 of 10
Page 138 of 376

Barber/beauty P P P P P P P P P P P P P P 28-100
shop/salon
Bed and breakfast inns L L L L L L L L L L L L C L L C C L L L 28-101
Bicycle sales/service P P P P P P P P P 28-101.1
Billboard (principal use) L L L L L L L 28-102
Billiards/pool hall C C P P P P L C P P 28-103
Boat sales P P P L 28-104
Book store P P P P P P P P P P P 28-105
Buildings over 60 feet in C 28-106
height
Car rental agencies P P P C P 28-107
Car wash L L L L L L L L C C L 28-108
Ceramic shop P P P P P P P P P P P P 28-109
Child care facility C C C C C C C C C C L L L L C C C C L C C C L C 28-110
Clothing and shoe P P P P P P P P P P P P P 28-111
stores
Convenience store C C C L L L C C L C L L C 28-112
(without retail gasoline
sales)
Copy center P P P P P P P P P P P P 28-113
Crematory services C C C C C C 28-114
Delicatessens P P P P P P P P P P P P P P P 28-115
Docks (principal use) P 28-116
Drinking establishments P P P P P P C L C P P L 28-117
(bar, tavern, lounge)
Dry cleaner P P P P P P P L C P P P P 28-118
Electronic gaming C 28-119
establishment
Emergency clinics P P P P P P P P P P 28-120
Farmers market/food L P 28-121
stand
Financial institutions P P P P P P P P P L P C P P P 28-122
(bank)
Fitness center C C P P C C P P P L C P P P P 28-123
Florists P P P L P P P P P P P P P 28-124
Funeral establishment P P P P L P P 28-125
(without cemetery)
Furniture store P P P P P P L P P P P P 28-126
Gift shops P P P P P P P P P P P P P 28-127
Graphic printing and P P P P P P P P P 28-128
copying services
Grocery store P P P P P P L C P L P 28-129
Hardware store P P P P P P P L P P L 28-130
Hospitals P C C C 28-131
Hotel/motel P P P P C P C P P 28-132
Ice cream parlors P P P P P P P P P P P P P P P 28-133
Ice vending buildings L 28-134
Insurance office P P P P P P P P P P P P P P 28-135
Jewelers P P P P P P P P P P P 28-136
Laboratory (medical) P C C C C 28-137
Laundromat P P P P P P P P L L C P P 28-138

July 21, 2021 Page 3 of 10
Page 139 of 376

Legal office P P P P P P P P P P P P P 28-139

Liquor store C P P C C P 28-140
Lumber and building L C 28-141
supplies sales
Lumber yard L L 28-142
Marina and yacht basin C P C C C 28-143
Medical equipment and P P P P 28-144
supplies sales
Medical marijuana L L L L L L L L L L C L L L 28-144.7
dispensing facility
Medical office/clinic P P P P P L P P P L P P P P P P 28-145
Mobile vendor L L L L 28-146
Movie theater C C 28-147
Newstands P P P P P P P P P P P P 28-148
Off-street parking lots P C C C P P P P C C C L P 28-149
Open air market L C L L L L 28-150
Outdoor storage L L C L 28-151
Package and parcel P P P P 28-152
delivery service
Pain management C 28-153
clinic/cash only
pharmacy
Parking structures L L L L P 28-154
Passive commercial C C L 28-155
uses
Personal services P P P P P P P P P P P P P 28-156
Pet grooming services P P P C P L P P P L 28-157
Pet stores P P P P 28-158
Pharmacies P P P L P P P P P L C P P L 28-159
Photographic shops P P P P P P P P P P P P P 28-160
Postal and mailing P P P P P P P P L P P P P 28-161
services
Printing and copying P P P P P P P L P P P P L 28-162
stores
Private club C C C C C C C C C C C C C C C L L C C C 28-163
Professional offices P P P P P P P P P P P P P P P P 28-164
Radio and television P P P P P P P P P P 28-165
sales
Repair and service for P P P P P 28-166
small equipment items
Restaurants/caterers P L P P L L L/C P P P C L P P P P P L 28-167
Retail gasoline sales C C L L L L C C C L L C 28-168
Retail sales and service P P P P P P P P C P P 28-169
(see section 28-51)
Screen printing shops P P P P P P P P P P L P P P P L 28-170
Shoe repair P P P P P P P P P P P 28-171
Spa C C P P C C P P P P C P P P 28-172
Sporting goods store P P P P P P P 28-173
Tailor services P P P P P P P P P 28-174
Temporary labor agency L C 28-175
Transient C C C 28-176
accommodations
July 21, 2021 Page 4 of 10
Page 140 of 376

Travel agencies P P P P P L P P P P P P P P P 28-177

Travel trailer park C C 28-178
Truck stop plaza C C 28-179
Upholstery shops P P P P L P P P 28-180
Veterinarian P L L L L P C C L L L P L 28-181
Video game arcades P C P P P P P C P C P 28-182
Industrial
Bakeries and P P P L P 28-201
confectioneries
Bottling plants P P P P L P 28-202
Building trades services P P P L L P 28-203
Craft brewery/craft L L P P P P L L L L C L L P L 28-204
distillery
Dry-cleaning plants P P P P L P 28-205
Freight distribution P P P P L P 28-206
Heavy industrial use C 28-207
Heavy manufacturing P P 28-208
Laboratory (research C C P P P 28-209
and testing)
Light manufacturing L P P P C C L L L P 28-210
Machine shop P P L P 28-211
Mechanical service and P P P L P 28-212
repair
Mini-warehouse L C C C C C 28-214
Plant nursery L P P L P 28-215
Production print shops, P P P 28-216
printing, engraving
Recycling and C 28-217
mulching/composting
Retail or wholesale sale L L L L L P 28-218
of products
manufactured on site
Transportation facilities P P 28-219
Transmission tower C C C C 28-220
Vehicle-for-hire P C L P 28-221
establishments
Warehousing/wholesale L P C P P L L 28-222
Welding, metal P P P L P 28-223
working, fabrication
Civic, Public and Institutional
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
Ambulance service P 28-233
Art centers P P P P P P P 28-234
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
Community centers P C C C C C C C C C P P L L L C P P P P P C L L L P P 28-238
Community service P C C C C C C C C C P P L L L C C L L L C 28-239
Convention center C L 28-240

July 21, 2021 Page 5 of 10
Page 141 of 376

Domestic violence L 28-241

shelter
Family day care homes P P P P P P P P P L L L P P P P P 28-242
Government facilities P C C C C C C C C C P P P P P L L L L P P 28-243
Heliports or landing P 28-244
pads
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
Nursing homes, C C P C L 28-248
convalescent homes
and extended care
facilities
Passenger terminal P P P 28-249
facilities
Performing arts theater P P P P 28-250
Post office P P P P 28-251
Prison, detention C 28-252
facilities and work
camps
Public utility C P P C C C C 28-253
Recovery/halfway C 28-254
house
Schools (public or C L C C C C C C C C C C C C L L L C C C C C 28-255
private)
Vocational school L L L L L L L L L L L L L L L 28-256
Recreation
Community gardens L P L L L L L L L L L L L L L L L L L L L L L 28-271
Golf course P P 28-272
Park (private) P P P P P P P P P P P C P 28-273
Parks (public or non- P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P 28-274
profit)
Recreational and C C C C P C 28-275
commercial amusement
(indoor)
Recreational and C C C C C C C 28-276
commercial amusement
(outdoor)
Tennis clubs P 28-277

July 21, 2021 Page 6 of 10
Page 142 of 376

Section 3. That Chapter 28, “Zoning”, Article V “Use Standards”, Division 6

“Recreation”, Section 28-271 “Community gardens“ of the Code of Ordinances of the City of
Titusville, are hereby amended to read as follows:
Sec. 28-271. Community gardens.

(a) Districts where permitted.
RE RR R- R-1B R-1C R-2 R-3 RMH-1 RMH-2 RHP
1A
L L L L L L L L L L
HM T NC CC RC OP M-1 M-2 M-3 PID
L L
GU OR P DMU UMU SMU RMU UV IRCN
D U M C 100 200 300 400 500
L P L L L L L L L L L
(b) Definition. "Community gardens:" any portion of a lot or parcel managed and maintained by
a group of people to grow and harvest food crops and/or non-food ornamental crops for
personal or group use, consumption or donation. Community gardens do not include portions
of lots or parcels utilized to grow food crops and/or non-food ornamental crops for the
purpose of commercial wholesaling.
(c) Standards for permitted uses with limitations.
(1) Buffering and Ssize limitation.
a. A community garden shall not be greater than two (2) acres in size and may be
further limited as determined by the Administrator to address any environmental
constraints and in order to limit any adverse impacts to any other established
use of the property. A community garden may not be subdivided into separate
tracts for sale.
b. The cultivated area and accessory structures shall meet setbacks for principal
structures of the applicable zoning district.
c. A community garden shall be screened so that it is not visible from an arterial
roadway.
(2) Environmental compliance.
a. The community garden shall comply with all federal, state, and local regulations
pertaining to agricultural production and soil suitability. Water conservation and
stormwater runoff prevention practices shall be employed in accordance with
applicable regulations adopted by the SJRWMD and the City. The Administrator
may limit or restrict the establishment of a community garden due to the
existence of environmentally sensitive areas on the property, including
watercourses, floodplains, wetlands, natural habitat of threatened or
endangered species, and major trees or major groups of trees.
(3) Noise limitations.
a. No gardening activities may take place before sunrise or after sunset. The use
of hand tools, and domestic gardening tools and equipment is encouraged; the
July 21, 2021 Page 7 of 10
Page 143 of 376

use of power equipment, is also allowed; however, such use shall be in

compliance with the City's Noise Ordinance, Chapter 13, Article IV, Noise,
Titusville Code of Ordinances.
(4) Maintenance responsibilities.
a. The owner of the property(-ies) on which the community garden is located shall
ultimately be responsible for maintaining the property, and supporting
infrastructure so that it does not become a nuisance. Maintenance includes, but
is not limited to, ensuring the property is not overgrown with weeds; infested by
invasive exotic plants or vermin; or, a source of erosion or stormwater runoff; or
pollution by fertilizer or pesticide, insecticide, herbicide or other agricultural-use
chemicals. The garden shall be maintained in an orderly and neat condition
consistent with the City property maintenance standards.
b. Outdoor storage is prohibited, except as may be permitted under the applicable
zoning regulations.
c. No trash or debris shall be stored or allowed to remain on the property outside
of approved garbage containers.
d. Vegetative material (e.g. compost), additional dirt for distribution and other bulk
supplies shall be kept in a neat and orderly fashion and shall not create a visual
blight or offensive odors. All materials shall be stored in an enclosed structure
so as to eliminate dispersion by water or wind.
e. Large power tools (e.g. mowers, tillers) shall be stored at the rear of the property
in an enclosed structure or shall be screened as described in Chapter 30, Article
III, Division 10.
f. The community garden shall be designed and maintained to prevent any
chemical pesticide, fertilizer or other garden waste from draining off of the
property. Pesticides and fertilizers may only be stored on the property in a
locked building or shed and must comply with any other applicable
requirements for hazardous materials.
g. The owner of any community garden and any group managing a community
garden shall ensure that the garden complies with applicable environmental
management standards set out in these regulations.
(5) Agricultural chemical application.
a. Organic gardening is strongly encouraged. Application of fertilizer, pesticide,
insecticide, herbicide and/or agricultural-use chemicals shall be consistent with
label instructions and Section 12-27, Fertilizer use requirements, Titusville
Code of Ordinances.

July 21, 2021 Page 8 of 10
Page 144 of 376

(6) Accessory structures (only the following will be permitted in a community garden):
a. Greenhouses, hoophouses, storage sheds, and shade pavilions.
1. Buildings/structures must be set back from property lines consistent with
the minimum principal building setback of the underlying zoning district.
2. No building or other structure may be greater than fifteen (15) feet in height.
3. The combined area of all accessory structures may not exceed five
thousand (5,000) square feet or ten (10) percent of the square footage of
the cultivated area, whichever is less. However in no event shall all
structures on the property exceed the maximum lot coverage of the
applicable zoning district.
4. Accessory structures are not required to be constructed with pervious
floors, if consistent with the building code and methods to control
agricultural runoff are employed.
b. Fences shall be subject to the regulations in the applicable zoning district.
c. Benches, picnic tables and garden art.
d. Planting beds raised three (3) feet or more above grade, compost bins and rain
barrel systems must be set back from property lines consistent with the
minimum principal building setback of the underlying zoning district.
e. All structures shall be subject to the Florida Building Code.
(7) Off-street parking is not required for gardens on property less than twenty thousand
(20,000) square feet in lot area.
(8) Community gardens shall not be considered as principal agricultural uses and shall
not be construed so as to qualify for agricultural tax exemptions afforded by the
local, state, or federal government.
(9) Signage providing identification of the community garden shall comply with the
provisions noted in Chapter 32, Signs of the Land Development Regulations. The
hours of operation of the garden shall be posted on site.
(10) An application for administrative approval must be submitted to the City along with
the following required documentation:
a. Notarized letter signed by the property owner giving permission for use of
property.
b. A site plan, drawn to scale, showing the property size with dimensions.
c. The site plan must show the location of all existing structures on the property
as well as on properties within one hundred (100) feet of the perimeter boundary
of the site.
d. The site plan must reflect existing streets, easements, or land reservations
within the site.
e. The site plan must include proposed fencing and screening, if any.
f. The site plan must identify the source of water that will be used for irrigation
purposes.

July 21, 2021 Page 9 of 10
Page 145 of 376

g. An application fee, as established by Council Resolution shall be assessed for

review of the application.
(11) The food crops and/or non-food ornamental crops grown in a community garden
located within a nonresidential zoning district, including special districts, may be sold
on site. Proof of sanitary facilities may be required.
Section 4. 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 5. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

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.
Section 7. INCORPORATION INTO CODE. This ordinance shall be incorporated into

the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and any
heading may be changed or modified as necessary to effectuate the foregoing: Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this ordinance and the Code may be made.
PASSED AND ADOPTED this _________ day of _____________, 2021.
________________________
ATTEST:
_________________________

July 21, 2021 Page 10 of 10
Page 146 of 376

City Council Regular - August 10, 2021 - 6:30 PM CITY OF TITUSVILLE .
FOR PROPOSED ENACTMENT OF
TITUSVILLE CITY ORDINANCE
of laq I o P9--1
1° 2- • 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, August 10, 2021. The second and final
public hearing for the proposed ordinance is scheduled
for Tuesday, August 24, 2021. The public hearings will be
held in the Council Chamber on the second floor of City
Hall, 555 South Washington Avenue, Titusville, Florida
32796, commencing at 6: 30 p. m.

AMENDING THE CODE OF ORDINANCES TO ALLOW
COMMUNITY GARDENS AS A PERMITTED USE IN THE
PUBLIC ( P) ZONING DISTRICT AND A LIMITED USE IN
NEIGHBORHOOD COMMERCIAL ( NC), GENERAL USE
GU), DOWNTOWN MIXED USE ( DMU) AND REGIONAL

MIXED USE( RMU) ZONING DISTRICTS AND TO EXPAND
THE LIMITATION STANDARDS; BY AMENDING CHAPTER
28, " ZONING", SPECIFICALLY AMENDING SECTIONS
28- 54 " USE TABLE" AND 28- 271 " COMMUNITY
GARDENS"; PROVIDING FOR SEVERABILITY; REPEAL

OF CONFLICTING ORDINANCES; INCORPORATION INTO
THE CODE; AND AN EFFECTIVE DATE.
PLEASE ALSO TAKE NOTICE that the City of Titusville

Planning and Zoning Commission will hold public
hearings on Wednesday, August 4, 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.
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 request that the physically
handicapped person desires to attend the meeting to the
City Clerk' s Office.
Wanda F. Wells, MMC, City Clerk, City of Titusville,

555 South Washington Avenue, Post Office, Box 2806,
Titusville, Florida 32781- 2806,
Phone 321- 567- 3686, Fax 321- 383- 5704
FT. GC10696310- 01
Page 147 of 376

Category:
Item: E.
City of Titusville

Subject: Conditional Use Permit (CUP) No. 4-2021 Rental Car Agency,
1206 S. Hopkins Avenue
Recommended Action:
Approve Conditional Use Permit (CUP) No. 4-2021 to allow a rental car agency at 1026 S.
Hopkins Avenue within the Midtown Sub-district of the Downtown Mixed Use (DMU) zoning
district. Staff recommends approval.
The Planning and Zoning Commission considered this item during their August 4,
2021 regular meeting and recommended approval as presented, 7-0. The Community
Redevelopment Agency (CRA) considered this item prior to the City Council meeting
this evening and that Board's recommendation will be provided at the Council
meeting.

The applicant is requesting a Conditional Use Permit to locate a rental car agency at 1026 S.
Hopkins Avenue. The applicant is proposing to lease the front 1.1 acre portion of the parcel to
operate the rental car agency. The property is zoned Downtown Mixed Use (DMU), Midtown
Sub-district. Section 28-107(a) of the Land Development Regulations requires rental car
agencies to obtain Conditional Use Permit approval in the Midtown Sub-district of the
DMU zoning district. The property has been used as a new/used car sales use since the
1960s. Per the submitted plan, the applicant proposes to utilize the existing building, parking,
and ingress/egress points for vehicular access.
Alternatives:
1. Approve the CUP.
2. Approve the CUP with conditions.
3. Do not approve the CUP.
Item Budgeted:
Page 148 of 376

Strategic Plan:
ATTACHMENTS:
Staff Report 6/28/2021 Backup
Material
Aerial Map 6/28/2021 Backup
Material
Conceptual Site Plan 6/28/2021 Backup
Material
Building Elevations 6/28/2021 Backup
Material
Zoning Map 6/28/2021 Backup
Material
DMU Subdistricts Map 6/28/2021 Backup
Material
Survey 8/4/2021 Backup
Material
Application 6/28/2021 Backup
Material
Material
Page 149 of 376

City of Titusville
Planning Department Staff Report
Conditional Use Permit
CUP No. 4-2021 – Enterprise Car Rental
Meeting Dates: Planning and Zoning Commission: August 4, 2021
Community Redevelopment Agency August 10, 2021
City Council Public Hearing: August 10, 2021
Prepared By: Tim Ford, Redevelopment Planner
Applicant(s): Z Development Services for Enterprise Titusville on behalf of Fischer

Pontiac-Oldsmobile Leasing, Owner
Applicant’s Request: To allow a rental car agency use within the Midtown Sub-district of
the Downtown Mixed Use (DMU) zoning district.
Staff Recommendation: Approve CUP No. 4-2021.
BACKGROUND INFORMATION
The applicant is requesting a Conditional Use Permit (CUP) to allow a rental car agency to be
located at a former new/used car sales site (Fischer Pontiac-Oldsmobile and others) located at
1026 S. Hopkins Avenue. The property is zoned Downtown Mixed Use (DMU), Midtown
Subdistrict with a future land use designation of Downtown Mixed Use. Enterprise Car Rental is
proposing to lease approximately 48,315.63 square feet or 1.10 acres + of the approximately 2.5
acre + property. The use will utilize the vacant front portion of the site with its existing car sales
office building to be used as the car rental office. The site plan shows areas for vehicle drop off,
parking spaces for employees and patrons, and a fenced area for vehicles when not rented. A
two (2) car canopy to hand wash cars is proposed to be located within the fenced area. The car
wash will not utilize any new connections to the City’s water and waste water systems. The
manual car washing will use a tank system for water supply and for waste water collection. An
existing ½ inch water service will be used to fill the water tank and all waste water collected in a
holding tank is proposed to be hauled away from the site.
Page 1 of 5
Page 150 of 376
PROPERTY INFORMATION
Existing Use, Future Land Use, and Zoning
Existing Use Future Land Use Zoning

Vacant Motor Downtown Mixed Use Downtown Mixed Use (DMU) –
Vehicle Sales Midtown Sub-district
SURROUNDING PROPERTY INFORMATION

Existing Use, Future Land Use, and Zoning
Location Use Future Land Use Zoning

North Recreational Downtown Mixed Use Downtown Mixed Use (DMU)
Vehicle Sales – Midtown Sub-district
& Service
South New & Used Downtown Mixed Use Downtown Mixed Use (DMU)
Vehicle Sales – Midtown Sub-district
& Repair
Service
East Used Car Downtown Mixed Use Downtown Mixed Use (DMU)
Sales & a – Midtown Sub-district
Church
West Vehicle Repair Downtown Mixed Use Downtown Mixed Use (DMU)
& Service – Midtown Sub-district
STAFF ANALYSIS
The Applicant is requesting a Conditional Use Permit for a rental car agency to be located at a
vacant new/used car sales property at 1026 S. Hopkins Avenue. Section 28-107(a) of the Land
Development Regulations (LDRs) requires rental car agencies to obtain conditional use
approval in the Midtown Sub-district of the Downtown Mixed Use (DMU) zoning district. The
applicant is proposing to lease the front or east approximately 48,315.63 square feet or 1.10
acres + portion of the approximately 2.5 acre + property to operate the rental car business.
Based on discussions with the Applicant and the proposed plan, the proposed rental car agency
will utilize the existing building for an office and the existing site for vehicle drop off, employee
and customer parking, rental vehicle parking, and vehicle washing and cleaning. The former
use of the property as a new/used car sales site ideally suits the needs of a rental car agency.
Per Section 28-32, Pre-existing conditions/applicability (e) of the Downtown Mixed Use zoning
district a rental car agency use at the site has been determined to not be a change of use and
thus the property can be used as it currently exists. Any interior modifications will require
permits and inspections through the City’s Building Department. Staff supports approval of the
Conditional Use Permit for a car rental agency provided a formal site development permit is
submitted for review and approval.
Page 2 of 5
Page 151 of 376

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 car
rental agency is consistent with the Downtown Mixed Use Future Land Use designation at the
specific location and with the following Future Land Use policies and Downtown Mixed Use
(DMU) District, Section 28-44 Sub-Districts Described, item (e) Midtown :
[Future Land Use Element (FLUE)] Objective 1.10: The City of Titusville shall pursue the
renewal of Downtown Titusville as the center of professional, governmental, financial and
unique retail and redevelop blighted areas through the designation of downtown Titusville
as a unique Downtown Mixed Use (DMU) on the Future Land Use Map and pursue
appropriate strategies based upon the following general factors and performance
requirements [Policies 1.10.1 - 1.10.11].
Staff comment: The retail use is consistent with the Objective and subsequent Policies of
the Downtown Land Use category.
Downtown Mixed Use Smart Code, Section 28-44 Sub-Districts Described, item (e):
“Midtown: The southern gateway into the CRA, Midtown, appears as more suburban than the
other areas. Uses which can be dual classified between commercial and industrial are located
within this area (or sub-district). The Midtown area is structured such that many of the uses are to
be validated as part of sustainability, and guide their change through design elements.
Redevelopment and new criteria will attempt to create a tighter urban environment to enhance the
core.”
“Midtown—The Smart Code Perspective: General Urban Zone consists of mixed use. In this
district, it is a heavier commercial fabric, with larger lot uses and development, such as vehicle
sales, auto repair shops, some industrial uses, and scattered older residential uses within an
urban fabric. It contains a wide range of building types more suburban in nature than urban, even
though it is adjacent to the urban core. Setbacks and landscaping are variable. Streets with curbs
and sidewalks define medium-sized blocks.”
Staff comment: The present request would have access to an arterial roadway, US
Highway 1/Hopkins Avenue, and existing potable water and sewage collection/treatment
services are available to serve the use. Additionally, the request would further the goal of
prioritizing commercial infill and development at an existing location designated for uses of
a compatible commercial auto/vehicle related nature.
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: Based on information provided by the applicant, the existing parking
pavement will be striped to provide twenty four (24) parking spaces that can be utilized by
employees and customers of the site. The proposed car rental agency is estimated to
Page 3 of 5
Page 152 of 376

generate the need for 20 parking spaces, which can adequately be accommodated at the
site.
There is one (1) vehicular access point into the property from Hopkins Avenue, and two (2)
vehicular access points exiting the property with one on St. Johns Street and one (1) on S.
Hopkins Avenue.
The Fire Department did not express any concerns or objections to the present request.
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 proposed use of a car rental agency is similar in intensity and hours of
operation as the other surrounding auto/vehicle related uses. It is not likely that a car rental
agency will cause nuisance issues related to odor, smoke, electrical interference and/or
mechanical vibrations.
4) Adopted level of service for solid waste disposal, potable water, or wastewater shall not be
exceeded.
Staff comment: No new construction or addition to the existing building is proposed. The
property is already served by City potable water and sanitary sewer. Solid waste services
are presently provided to the surrounding uses and were provided to the previous uses at
the site. Specific water and sewer demands will be reviewed through the building permit
process and any deficiencies must be addressed prior to occupancy of the building for the
proposed use. As noted above the car wash will not utilize any new connections to the
City’s water and waste water systems. The manual car washing will use a tank system for
water supply and for waste water collection. An existing ½ inch water service will be used
to fill the water tank and all waste water collected in a holding tank is proposed to be hauled
away from the site. The Water Resources Department has no objection provided there are
no additional utility services added and there is no additional utility service demand created.
5) Screening and buffering with reference to type, dimensions and character.
Staff comment: The car rental agency is proposing to utilize the site as is, with no additions
or exterior modifications to the building. No landscape improvements are proposed. Nine
(9) oak trees and one (1) palm tree exist at the site and will remain.
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: Signage is permitted under a separate building permit. There are no
proposed changes to the exterior lighting.
7) Hours of operation shall be consistent with surrounding properties.
Staff comment: Enterprise Rental proposes the following operating schedule: open Monday
through Friday, 7:30 AM to 6:00 PM; Saturday and Sunday, open 9:00 AM to 3:00 PM. The
proposed hours of operation should have minimal if any impacts to any adjacent properties.
The staff does not believe that it is necessary to propose a condition limiting hours of
operation.
Page 4 of 5
Page 153 of 376

8) Off street parking and loading area where required with particular attention to ingress and
egress.
Staff comment: The proposed rental car agency will utilize the existing parking and the
ingress/egress points for vehicles. A total of twenty four (24) parking spaces are proposed
for employees and customers which is within the 125% maximum parking requirement.
Based on the number of parking spaces and ingress/egress points, staff is of the opinion
the existing facilities are sufficient to meet the demands of the proposed facility. Two (2)
parking spaces located adjacent to the fence separating the rental car storage area from
the public parking do not provide a three (3) foot overhang to have a sixteen (16) foot parking
stall depth. These spaces will need to be either eliminated or revised to meet code.
9) Required yards and other open spaces.
Staff comment: No changes are proposed to the existing building and site. Any
modifications to the building and/or site will require the appropriate building or site plan
approvals to be obtained.
10) General compatibility with adjacent properties and other property in the district AND
11) Whether the proposed change is out of scale with the needs of the neighborhood or the City.
Staff comment: The size and intensity of the proposed use is similar to the adjacent uses
and the use as a car rental agency is compatible with the existing surrounding auto/vehicle
uses. As no addition is proposed to the existing building, the scale as compared to the
neighborhood will not change.
12) Special requirements set out in the schedule of district regulations for the particular use
involved.
Staff comment: There are no special requirements listed under Section 28-107(a) Car
Rental Agencies.
RECOMMENDATION
Based on the above analysis, staff recommends approval of CUP No. 4-2021 to allow a car rental
agency at 1026 S Hopkins Avenue.
Page 5 of 5
Page 154 of 376

City Council Regular - August 10, 2021 - 6:30 PM 27 6
30 8
11
35 1 B.02 B.01
47
B.03
T
UNION S 4
C.01 3
AV
2
35 1
MITT
S PALM AV
52.01 37 36
38
2
DUM
71 22
39 14 1
72 68 4
13.04
73 59.01 42
44 14
59 13.01
74
ST 43 29 15.01
BRIDGE 12.01
66.01
62.01
61 62 15.02 12.03
81 11.02
61.01 34 16 11.01
83
SUBJECT PROPERTY
21.01
ELL ST 10.02 10.01
MAXW 32
29 17 10.03
1
28 31
9.01
2 18
9 9.02
3 26 29
12
4 8.01
25 19.01
5 27
9 20.01
24
8.04
6 19.04
23 26 8.02
3
22 25 1
7 21
6
23 ST JOHNS ST
19 7
22 3 8 5
4 10 5
8
FIRST A
12
3 16 19 4 9
7
2 ST
V
VER 13 10
R
CA 2
17 1 11
12 T
NS
RRE 6 5 3
11 WA 16 12
7 16.01
3
8 15
S HOPKINS
2 13
3 1 5 13 1
22 P P 14
6 5.01
7
AV
ST 12 19
KER BREVARD ST
B OO 9
2 4 11
Aerial 2020
S WA
19 3 P P
20
SE
1 9 15
SHIN
CO
21 7
CUP4-2021
ND
22 18 8
GTON
10
AV
17 8
16 11 13 19
ST 12 0 0.03 0.06 0.12 Miles
15 KY
AV
12
LUC 13 9 7 11 11
Community 15 8 1
17Development Department 6/22/2021
Aerial photography provided by the Brevard County Property Appraiser's Office
16 6 5 9
Page 155 of 376
Q:\GIS\PLANNING\Planning Templates\ArcPro\PlanningMaps\
PROJECT CONTACTS LEGEND SITE DATA FOR LEASE AREA VICINITY MAP
PH: (407) 271-8910

FAX: (407) 442-0604
s
DEVELOPMENT
i c e
SITE
CA 29354
v
708 E. COLONIAL DR., STE 100

e r
ORLANDO, FL 32803
Zs
DATE
OW
CW
OW
ENTERPRISE LEASE AREA ADJACENT BUILDING
CW
STORAGE/WASH CUSTOMER AREA
OW
S89°37'48"E 454.93'
S
OW
X X X X X X X X X X X X X X X X
X X X
T T
TR
TR
T T
T
FO
E E
OW
E
SITE BENCHMARK #1
E E E E E
S
E
X
REVISION
E
N&D
FO
OW
E
15" OAK 17" OAK 13" OAK 7" OAK 20"OAK 13"OAK 20"OAK ELEVATION = 11.56
G
W
T
DATUM = NAVD 88
T
T
E
OW
S
X
CONC
OW
VEHICLE
G
W
T
DATE
FO
OW
LEASE LINE
FOB
S
X
STOP
BAR
T
T
STORAGE
OW
E
127.19'
AREA
S
X
ASPHALT
T
G
T
T
OW
OW
EB
ASPHALT
CW
ASPHALT
FO
W
E
S
X
ASPHALT
FO
BROKEN CONC
G
T
OW
OW
REVISION
E
CWT
C
T
FLORIDA
CON
2 PS
S
X
OW
OW
BRIC
W
E
T
T
EB
FO
E
S
T
X
FO
OW OW OW OW
US HIGHWAY 1 (S HOPKINS AVENUE) (50' R/W)

8" PALM
OW
W W
EAST COA
S00°46'58"W 257.05'
E
E
OW
N09°12'
E
X
S
20.00'
OW
T
10" OAK
FO
T
G
T
12.65'
W
5 PS
OW
16.0'
CW
BRICK
S
3 PS S
FO
ASPHALT
E
X
E
LEASE LINE ASPHALT
12.7'
CC CONC
13.4'
CONC
ST RAILW
OW
City Council Regular - August 10, 2021 - 6:30 PM 60.1'
K
W
30
G
T
4.0'
C
W
W
W
BRIC
CONC
CON
37.7'
124.06'
OW
T
FO
X
T
"W 261
CONC
EXISTING
3 PS
1 STORY BLOCK
30.0'
30.0'
OW
E
GARAGE
G
T
W
ASPHALT
OW
15" OAK
T
CONC
FO
CC
X
AY R/W V
CONC
TR
FO
60.1'
OW
T
X
CC
G
T
W
OW
S
.23'
CC
E
70.0'
X
X
K
E
CC CC
FO OW
BRIC
E
LEASE LINE
CONC
ENTERPRISE CAR RENTAL

EXISTING
36.3'
1026 S. HOPKINS AVENUE

1 STORY BLOCK
G
T
W
OW
ARIES
S
ASPHALT
13.5'
GARAGE
95.8'
143.02'
T
FO
X
X
OW
U
E
U
8.9'
34.7'
E
CONC
EB OW
S
E
T
W
G
X
EXISTING
T
OW
7 PS
1 STORY BLOCK
FO
OFFICE
E
CC
OW
E
S
7.0' 5.5'
2 PS
3 PS
3 PS
'
45.9
E
E
U
FFE=16.38 S S S S S
X
G
X
CC W
CW OW
W W
W
ASPHALT W
T
T
25.5'
3 PS
21.3'
FO
CC
TITUSVILLE, FL
OW
E
FO
E
W W
E
X
G
X
EB CP COVD BRICK
OW
0.6'
1.1'
CW
U U 25.8'
T
T
28.3' 1.1'
W
OW
CONC BRICK
ASPHALT
23.4'
X
T
G
X
OW
24.8'
AC
E
W
OW
T
E
EB
T
7 PS 21.0' 20" OAK
1.5'
FO
GATE 65.0'
X
FO
EM
X
X X X
G
CP BRICK ASPHALT
W
T
GATE OW
FOB
OW
X X
BRICK 270.00'
OW
X X
GV
X
TR X X X X T G
W
OW OW OW OW G
U
OW
U
OW OW G
50.00'
OW OW OW OW OW OW OW
T
BRICK
ENTERPRISE LEASE AREA
OW OW OW
T T T T OW OW
GV
T T T T T T T T T T T T OW OW OW OW OW OW T T
TR T T OW OW OW OW OW OW OW OW
G G G G T T
G G G G G
T T TR
OW
G G G G G G G G G
OW
SITE BENCHMARK #2
G
W
FO
N89°42'22"W 409.61'
W
W
D
U
U
FO
N&D
OW
G
OW
D D D D D D ELEVATION = 12.75 DATE:
OW
S S S S
DATUM = NAVD 88
S
DRAWN:
ST JOHNS STREET (44' R/W)
OW
W
STOP
BAR
CHECKED:
D
OW
G
OW
SP
OW
SITE PLAN
D
OW
OW
OW
OW
OW
PROJECT NO.:
Page 156 of 376

Page 157 of 376

City Council Regular - August 10, 2021 - 6:30 PM 22 13.04
73 59.01
S PALM AV
52.01 42
DUMMITT AV
R-1C 59
22 14 13.01
74 4
44
ST 43 29
BRIDGE 15.01 12.01
66.01
62.01
R-3 61 62 15.02 12.03
81 SUBJECT PROPERTY 11.02
R-1C 61.01 34 16 11.01

83 21.01
DMU
MAXW
ELL ST
32
DMU 10.02 10.01
29 17 10.03 RHP
1
28 31
9.01
2 18
9.02
3 26 29
12
R-1C
S WASHINGTON AV
4 8.01
25 19.01
5 27 9 DMU
9 24 20.01 8.04
6 19.04
23 26 8.02
9.01 3
R-1C 22 25 1
FIRST A
7
SECOND AV
6 21
23 ST JOHNS ST
V
19 7
22 3 8 5
4 10 5 8
R-3
3 12 19 4 9
16
7
2
ER
ST
13
S HOPKINS AV DMU DMU 10
RV
CA 1 2
17
11
12
ST
WA
N
RRE 7 6
5 3 RHP
11
R-1C 16 16.01 12
3 8 R-3 3 15
1 2 13 1 13
ZONING MAP
RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS SPECIAL DISTRICTS
RE RESIDENTIAL ESTATES HM HOSPITAL MEDICAL GU GENERAL USE

RR RURAL RESIDENTIAL T TOURIST OR OPEN SPACE AND RECREATION
R-1A SINGLE FAMILY, LOW DENSITY NC NEIGHBORHOOD COMMERCIAL UMU URBAN MIXED USE
R-1B SINGLE FAMILY, MEDIUM DENSITY CC COMMUNITY COMMERCIAL SMU SHORELINE MIXED USE
R-1C SINGLE FAMILY, HIGH DENSITY RC REGIONAL COMMERCIAL RHP RESIDENTIAL HISTORIC
R-2 MULTIFAMILY, MEDIUM DENSITY OP OFFICE PROFESSIONAL PRESERVATION
R-3 MULTIFAMILY, HIGH DENSITY RMU REGIONAL MIXED USE
RMH-1 RESIDENTIAL MANUFACTURED PD PLANNED DEVELOPMENT
HOUSING SUBDIVISION INDUSTRIAL DISTRICTS P PUBLIC
RMH-2 RESIDENTIAL MANUFACTURED UV URBAN VILLAGE
HOUSING PARK M-1 LIGHT INDUSTRIAL SERVICES AND DMU DOWNTOWN MIXED USE
WAREHOUSING IRCN-R INDIAN RIVER CITY
M-2 HEAVY INDUSTRIAL NEIGHBORHOOD RESIDENTIAL
M-3 HIGHWAY INDUSTRIAL INFILL IRCN-C INDIAN RIVER CITY
NEIGHBORHOOD COMMERCIAL
PID PLANNED INDUSTRIAL
DEVELOPMENT
Zoning
OVERLAY DISTRICTS
Subject
TSA TITUSVILLE SHORELINE AREA
AIA AIRPORT IMPACT AREA
WCA WETLAND AND CONSERVATIONA AREA
ACC AREA OF CRITICAL CONCERN
HPA HISTORIC PRESERVATION AREA
CUP4-2021
0 0.03 0.06 0.12 Miles
Community Development Department 6/21/2021
Q:\GIS\PLANNING\Planning Templates\ArcPro\PlanningMaps\
Page 158 of 376
Page 159 of 376

VICINITY MAP( Not to Sole) ' LEGEND
BOUNDARY & TOPOGRAPHIC SURVEY
1 N r.,
ir
ur'
W :- T. E
i
5
GRAPHIC SCALE
I Ff.:7
OM m61, 51793
1
I DESCRIPTION
vBDMSIONOF NE mAIgeSOF DE1. 6%XEGRANT, KmRDING TO s
Y:...-
1 1 1 F
ITHE PIAT REODRDEDININ' PLAT KOK L AMEBA. MOND COUNTY, FL SECTION 3, TOWNSHIP 325,
F .
I I
I
I r
r r .
I
RANGE 35E; AND 1"'•` _,
r n _ r
1' 1
i,^
6'
pl R
10' SUBDIVISION OF u5ML1ERHv4 FILED MMCH 36. LL913HMD

IN
1 f
N, '
T \.
r
454. 93.
I
i
E''
IM®
RECORDED IN BOOR 2, PAGE II., Puauc RECORDS OF MFVARD coo Fl.
W
1
III I
1
arm ,
r i
Y? C - na-M ^ _ I '.
rlir
I aw a
11.
1
I I I m
s —
1
i
1/
I
I. I S
1
Mr
F.
wi 1 1
Y
1
r r
4'
1 I 4_ I IE
war x Cr: 4-. . E
', ao. i
7. I.
rRr..,
j a
V, w/
LMm.
T s Ks
hie -,
R. Ta--+
I i GENERAL SURVEY NOTES
1
1 s 1
I 1 E^
STRUCTURE ISaA4DON iHF MONUMFNTFDNONTI RAN UNE OF SL. xINHSSTRFFi
1 r. J E
DDT RJW MAP SECTION m0SD
NKR.
1 1 T,
v1
BFIXGSNSURVEY WF
art . 7
I a
1
REFLECTS
R RECORD PROVIDEDTiXFCUFxLd CUMTS
1 1
1
2
an' A
1 REPXESExTAnvE FL
L:- RI.. : 1.%*".-,

se—_..
1
1 1 T
r
i:
a— UNDERGROUND
i
1
h { ON( AS EARNHAVE
i
t
r
I N -
3 z SURVEYOR ROAMS NO GUARANTEE THAT THE UNDERGROUND UTIUDES MOWN COMPRIg
FURTHER DOES NOT

AL1SUCH V---.F---,—_
r U111. 5 IN DIE ARM. EITHER IN SERVICE OR ABANDONED. THE
I. w
a
I
WARRANT
ALTHOUGH
THAT THE
HE CERTIFY
ND
THEY ME LO
SHOWN
nl
ARE IN DIE
SURVEYORLY POSSIBLE FROM
1 1 r,
N -
r INFORMATION
DOESNE R
A
q LOCATED
DRND
TRP. CTOR SHALL MENTS OF CONNECTIONS To
I'
AND
1 J"""\
F f Yi eee1i311E;— —.
cM' aurclRapWr p 1
PM
II
A- /
1 y
E'
a CONSTRUCTION.
iF
IF
x
THERE
E
IS A
DE
DISCREPANCY BETWEEN THE MEASUREMENTS SHOWY

OE
E1
1 4' .• I THETHIS
MEASUREMENTS. SURVEYOR SHALL M CONTACTED
W
tR'
IMMEDIATELY TO FURTHER
r
E _ 111' RRRBBB
III.I
a - VERIFY", H DISCREPANCY
E,,,,
J} '
II1 Pa z, PGa
11 / kid
r OF ONEiF MEvARD AP Cnv[, UARYi m. COMMUNITY
2021. NO 5, MUM COUNTY.
I 1'
CITY
1 1
I I .. 4.
r.=-,. W,,_
11 /
T1-... ^
I I
1 1
1111 I
IAT1iii
jU__
LOT. t EOT6 ' ATUTE; CAPTERA . AuxD SURVEYOR SHALL NOT AFFXHS
i MAL OR NAME TONI,' PLAN CA DRAWING WHICH DEPICTS WORK WHICH HE 15 NOT UCENS. ED TO ADDRESS
1 9Fn: r. • - I' lall 10E8 El
1 \\\
11 Irl/. •. '. ,+ I R, AASFMFTION IIIUSVILLE FL EOM
1 x*:
II 1
1 .,
vv' 1
I1r f..
L• ..+ "
1
4 -
i' _J
@!• "/ REI `
MI'
T!......
21111..
qa
Il;
f
i;,,
.
lir•
0
:>
om "•
H, B. THIS SURVEY
FOR O
w.>" reci sEwe, Ec* n,. Information \
µDro M R. la:.
MAFOR
YA
170
3a LOTs wRs
f' 1 1
DEIN BENCHMARK CMOS BEING. M 233 FEET( MVO MI.
HE TE: 02/ SM2.
1 N89. 42' 2" W . 61+ ... U SURVEY
r5 LFy 1 n •
Rr.
li
Y„ ST IONN$ BEET( MrR/ VJI
Tr• rs..
EMUSB. E MAPPED . SHOWN MERNFUT VF TO FLORIDA
wSTATFvuNE COORDINATE
gMWN BY: GLT
1 G w," IBSI ESTABLISHED PER FDOTFwN

YSTEM m11ryEPDCH
r..
r rolDaooD1.
1 1
Revisions 1
I N
LAND AREA
CONTAINS 111. 335 SQUARE FEET OR x. SSM AORES MORE OR LES,
ww Altamax Surveying
7011'
Certified to. Z DEVELOPMENT SERVICES ;''

www. oloornmouNty= 3
BA
f..—
dw ..
Survey N Not Valid. Im.,, rn. FiRnature andala,. ... a......... a...^.. 0
e Mavw .. work. a. ah* Nok signature arm R. MAIN to val... Om 0
James D Bray PSM 6507
m. ou. wr aro. TOR NRI w... IH., m N
document was eu° o' w:. al S; , MM. PwronMal. T.. FB,.
SHEET 1 OF 1
Page 159 of 353
Page 160 of 376

Page 161 of 376

Page 162 of 376

Page 163 of 376

4/13/21
Site Plan Review Committee
Page 164 of 376

AD# 4837384, 7/ 29/ 2021
CITY OF TITUSVILLE
NOTICE OF PUBLIC HEARINGS '

Council of the City of Titusville will hold
a public hearing on Tuesday, August 10,
2021, at a meeting commencing at 6 30
pm, in the Council Chamber on the
second floor of City Hall, 555 South
venue, Florida
t11
111
loak
cloak Washington Ahear
to interesteTitusvilledperso ns with
regard to the following application
Conditional Use Permit Application No

4- 2021- To allow a rental car agency use
per City of Titusville Land Development
Regulations, Section 28- 107( a) in the
Midtown Sub- district of the Downtown
Mixed Use ( DMU) zoning district, for
property located at 1026 S Hopkins Ave-
nue, Titusville, Florida, also identified by
Brevard County Property Appraiser par-
cel identification no 22- 35- 03- 53-•- 201,
as submitted by Z Development Services,
for Enterprise Titusville, on behalf of
Fisher Pontiac- Oldsmobile Leasing, Own-
er

Wednesday, August 4, 2021, at a meet-
ing commencing at 600 p m, the Plan-
ning and Zoning Commission will hold a
public hearing to hear interested per-
sons with regard to these matters for
recommendation to the City Council
The proposed conditional use permit ap-

plication may be inspected by the public
in the City of Titusville Planning Depart-
ment during normal business hours,
Monday through Friday( excluding holi-
days and weekends) All interested par-
ties are hereby advised that they may
ings and be heard with respect to the
proposed conditional use permit applica-
tion
These matters are subject to the quasi-

Judicial rules of procedure Interested
parties should limit contact with the Ti-
tusville Environmental Commission, the
Planning and Zoning Commission, and
the City Council on this topic to properly
noticed public hearings or to written
communications to the City Clerk' s Of-
fice

decision of the City Council or the Plan-
ning and Zoning Commission with re-
spect 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 testi-
mony and evidence upon which the ap-
peal is to be based

sons with disabilities Accordingly, any
to Chapter 286 26 Florida Statutes, k
fice
Wanda F Wells, MMC, City Clerk, City of

Titusville,
555 South Washington Avenue, Post Of-
fice Box 2806, Titusville, Florida 32781-
2806
Phone 321- 567- 3686 and Fax 321- 383-
5704
1 Page 165 of 376

Category:
Item: F.
City of Titusville

Subject: Right of Way Vacation (ROW) No. 1-2021 Riverside Drive - River
Palms Condominiums
Recommended Action:
The applicant has requested tabling this item to the regular City Council meeting on August 24,
2021 at 6:30 p.m.
The Planning and Zoning Commission (P&Z) considered this request at their July 7,
2021 regular meeting and tabled the item to their August 4, 2021 meeting. On August
4, 2021, the applicant requested tabling this item to the P&Z meeting on August 18,
2021. At the P&Z meeting on August 4, 2021, the members tabled this item to their
August 18, 2021 meeting as requested by the applicant.

The applicant submitted a request to vacate a portion of Riverside Drive, 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.
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.
Page 166 of 376

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.
The property subject of the vacate request was re-posted with public notice signs as directed
by Council.
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:
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
conditions Material
Utility Letters 7/2/2021 Backup
Material
application 6/11/2021 Backup
Material
Page 167 of 376

Material
Page 168 of 376

City of Titusville
Planning Division Staff Report
RIGHT-OF-WAY VACATION (ROW) No. 1-2021

Meeting Dates: Planning and Zoning Commission: July 7, 2021
Council Public Hearing: July 13, 2021
Prepared By: Brad Parrish, Planning Manager
Applicant(s): Robert Kodsi, applicant on behalf of River Palms Riverfront Development,

LLC, owner
Staff Recommendation: Approve the request as submitted
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
Page 169 of 376

ROW No 1-2021
(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
Page 170 of 376

ROW 1-2021
Right of way vacate
Date: 6/11/2021
± Riverside Drive
Applicant: River Palms Condo

Community Development Department
Page 171 of 376
±
Page 172 of 376
A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA,

VACATING, ABANDONING, AND DISCONTINUING CERTAIN
PUBLIC STREETS; AND PROVIDING FOR AN EFFECTIVE DATE.
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, the Resolution to consider the advisability of vacating, abandoning, and

discontinuing the public streets was duly adopted by this Council on the 8th day of June, 2021; and
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF

TITUSVILLE, as follows:
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.
Section 2. That approval of this resolution is conditional on the following:
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.
PASSED AND ADOPTED, this ____ day of __________ 2021.
ATTEST:
______________________________
_______________________________
ROW 1-2021 1
Page 173 of 376
EXHIBIT A
ROW 1-2021 2
Page 174 of 376
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:
SEE SHEET 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
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'
Page 175 of 376

POINT OF COMMENCEMENT
SKETCH TO ACCOMPANY
DESCRIPTION
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
SEE SHEET 1 FOR DESCRIPTION,

SURVEYOR'S CERTIFICATION & NOTES
Page 176 of 376

Page 177 of 376

Page 178 of 376

Page 179 of 376

Page 180 of 376

Page 181 of 376

Page 182 of 376

Page 183 of 376

Page 184 of 376

Page 185 of 376

Page 186 of 376

Page 187 of 376

Page 188 of 376

Page 189 of 376

Page 190 of 376

Page 191 of 376
Page 192 of 376
Page 193 of 376
Page 194 of 376

Page 195 of 376

Page 196 of 376

Page 197 of 376

Page 198 of 376

Page 199 of 376

Page 200 of 376

Page 201 of 376

Page 202 of 376

Page 203 of 376

AD44789009 06/ 24/ 2021
CITY OF TITUSVILLE
NOTICE OF VACATING, ABANDONING,
AND
DISCONTINUING PUBLIC STREETS
NOTICE is hereby given that the City

Council of the City of Titusville, Brevard,
County, Florida will on the 13th day of
July, 2021, in the Council Chamber on
the second floor of City Hall, 555 S.
Washington Avenue, Titusville, FL 32796,
beginning at 6: 30 p. m., consider and de-
termine whether or not the City will va-
cate,' abandon, or discontinue and close
certain streets herein described and re-
nounce and disclaim any right of said
City and the public in and to any of said
land or any interest therein acquired by
purchase, gift, devise, dedication, or pre-
scription for street, alleyway, road, or
l
674- 1609_1
highway purposes, as submitted by
Robert Kodsi for River Palms, Riverfront
Development, LLC, and described as fol-
lows in Right of Way Vacation Applica-
tion No. 1- 2021 and real property descri-
bed below:
A triangle shaped parcel of land lying

within Section 10, Township 22 South,
Range 35 East, Brevard County, Florida,
and being bounded on the West by the
East Right- of- Way line of U. S. Highway
1, as recorded in Florida Department of
Transportation Right- of-Way Map Sec-
tion No. 70030- 2276 ( last revised 3- 17-
16); on the East by the East Right- of- Way
line of Riverside Drive, according to the
Plat of State Tree Shores, as recorded in
Plat Book 8, Page 49, as recorded in the
Public Records Brevard County, Florida;
and on the North by a line 25 feet offset
South of the Easterly extension of the
centerline of the Right-of-Way of South
Terrier Trail; being more particularly de-
scribed, as follows:
Commencing at the Northwest corner of

Lot 16 of said State Tree Shores; thence
South 13' 32' 13" East along the East
Right- of-Way of said Riverside Drive a
distance of 458. 33 feet to the Point of
Beginning; thence South 13' 32' 13" East,
continuing along said Right- of- Way, a
distance of 325. 61 feet to a point on the
East Right- of-Way said U. S. Highway 1
and a non- tangent intersection with a
circular curve concave to the West, hav-
ing for its elements a radius of 2927. 33
feet, a chord of 175. 07 feet and chord
direction of North 23' 07' 37° West;
thence run Northerly along said Right-
of-Way and arc of said curve through a
central angle of 3' 25' 38', on arc dis-
tance of 175. 10 feet; thence North
24' 50' 26' West, continuing along said
Right- of- Way, for a distance of 148. 27
feet; thence North 69° 01' 54' East,
deporting said Right- of- Way, for a dis-
tance of 58. 72 feet to the Point of Be-
ginning.
Containing 8, 939 square feet or 0. 20

acres, more or less.
PLEASE ALSO TAKE. NOTICE the Planning

and Zoning Commission will hold a pub-
lic hearing on Wednesday, July 7, 2021,
beginning at 6: 00 p. m., in the Council
Chamber on the second floor of City
Hall, located at 555 S. Washington Ave-
nue, Titusville, FL 32796 to hear interest-
ed persons with regard to this matter for
recommendation to City Council.
This matter is subject to quasi- judicial

rules of procedure. Interested parties
should limit contact with the City
Council on this topic to properly noticed
public hearings or to written communi-
cation to the City Clerk' s Office.
Any person who decides to appeal a de-

cision of the City Council or the Planning
and Zoning Commission with respectto
any matter considered at these meetings
will need to ensure a verbatim record of
the proceedings is made, which record
includes the testimony and evidence
upon which the appeal is made.

to Chapter 286. 26 Florida Statutes,
meeting, submit a written request that
the physically handicapped person de-
sires to attend the meeting to the City
Clerk' s Office.

Titusville
555 South Washington Avenue, Titus- i
ville, Florida 32796
Phone: ( 321) 567- 3686, Fax: ( 321) 383-
5704
Page 204 of 376

Category: 10.
Item: A.
City of Titusville

Subject: Ordinance No. 14-2021 - Low Impact Development (LID)
Department/Office: Planning
Recommended Action:
This item has been withdrawn by staff and will be rescheduled for a meeting in September.

On August 25, 2020 the City Council approved advisability for staff to develop an ordinance
encouraging Low Impact Development through incentives. LID design standards are described
in Policy 4.1.4 of the Coastal Management Element of the Comprehensive Plan as "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.
Low Impact Development strategies include design approaches for managing stormwater runoff and
protecting water quality which reduces the ecological burden of development on the Indian River
Lagoon and other local waterbodies.
Alternatives:
Item Budgeted:
NA
Strategic Plan:
ATTACHMENTS:
No Attachments Available
Page 205 of 376

Category: 10.
Item: B.
City of Titusville

Subject: Ordinance No. 20-2021 - Tree Protection
Recommended Action:
Conduct the first reading of Ordinance No. 20-2021 amending the Land Development
Regulations to provide for standards of tree protection including the designation of protected trees,
creation of total canopy and preserved canopy requirements, standards for removal of heritage
trees, establishment of incentives to preserve trees and reduce mitigation, and amending critical root
zone, tree survey and buffer yard requirements, by amending Chapter 30 “Development Standards”
specifically amending Sections 30-31 “Intent”, 30-32 “Criteria for removal”, 30-33 “Relocation or
replacement of trees” 30-34 “Mitigation plan”, 30-35 “Exceptions”, 30-39 “Tree removal, permit
required”, 30-40 “Tree survey required before permit” 30-324 “Landscape”, 30-334 “Reduction in
required landscape yards”, and 30-338 “Natural buffer yards”, and creating new Section 30-31.5
“Canopy requirements”; providing for grandfather provision, severability, repeal of conflicting
ordinances, effective date and incorporation into the code. (This is the first reading of the
ordinance. The second reading and public hearing is scheduled to be conducted by
Council on August 24, 2021 at 6:30 PM.)
The Titusville Environmental Commission and the Planning and Zoning Commission
have recommended tree protection ordinances, which are including in the agenda
packet.

Based upon requests from citizens, the City began a process in 2019 to review and consider
amendments to the current tree protection requirements of the Code. During the last two
years, Council and staff have received input from members of the public and advisory boards in
the development of various ordinances. Significant efforts have been made by both the
Planning and Zoning Commission, and the Titusville Environmental Commission in working with
the public to development their recommendations, which are attached.
The proposed ordinance proposed by staff contains the following significant changes to the
Code (comparison of existing code and proposed changes attached):
Defines protected trees
Requires minimum canopy coverage, with exceptions
Allows additional flexibility for administrative waivers to save existing trees
Additional requirements related to existing trees
Page 206 of 376

Mitigation requirements are modified
Modifies payment in lieu of tree mitigation
Requires permit for removal of any tree
Modifies tree survey requirements
Provides for grandfathering
Should Council desire to increase tree preservation standards without creating a minimum tree
canopy requirement, one option is to establish a percentage of heritage trees which must be
maintained on site. The City of Tampa has established that no more than thirty percent (30%)
of heritage trees may be removed for infrastructure improvements within a residential
subdivision.
In addition, the proposed ordinance reduces mitigation requirements for some trees (based on
size) in conjunction with mandatory canopy standards. Council may wish to consider NOT
changing the current mitigation requirements if minimum canopy requirements are not desired.
The grandfathering provisions include sketch plat "to the extent applicable to sketch plat."
Currently, the sketch plat does not require tree surveys, only the general location of major trees
(20 inch dbh and greater). Council may wish to consider providing further clarification to staff
on this issue.
Alternatives:
1. Conduct the first reading of the ordinance.
2. Conduct the first reading of the ordinance, and direct staff to make changes to the ordinance
prior to the public hearing.
3. Do not conduct the first reading and provide other direction to staff.
Item Budgeted:
Strategic Plan:
ATTACHMENTS:
Material
Comparison of Code and Ordinance 8/4/2021 Backup
Material
Conservation and Park Land Map 8/3/2021 Backup
Material
Vacant Residential Map 7/29/2021 Backup
Material
Vacant Commercial Map 7/29/2021 Backup
Material
Backup
Page 207 of 376

Vacant Industrial Map 7/29/2021 Material
Vacant commercial/industrial lands 7/30/2021 Backup
Material
Large Trees by Subdivision 7/30/2021 Backup
Material
P&Z Recommended Ordinance 7/29/2021 Backup
Material
Appendix A 7/29/2021 Backup
Material
TEC Recommended Ordinance 7/29/2021 Backup
Material
Canopy Requirements by Jurisdiction 7/29/2021 Backup
Material
Heritage Trees by Jurisdiction 7/30/2021 Backup
Material
Mitigation Costs 8/2/2021 Backup
Material
Council Direction to Staff 7/29/2021 Backup
Material
Page 208 of 376


LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR STANDARDS OF
TREE PROTECTION INCLUDING THE DESIGNATION OF PROTECTED
TREES, CREATION OF TOTAL CANOPY AND PRESERVED CANOPY
REQUIREMENTS, STANDARDS FOR REMOVAL OF HERITAGE TREES,
ESTABLISHMENT OF INCENTIVES TO PRESERVE TREES AND REDUCE
MITIGATION, AND AMENDING CRITICAL ROOT ZONE, TREE SURVEY AND
BUFFER YARD REQUIREMENTS, BY AMENDING CHAPTER 30
“DEVELOPMENT STANDARDS” SPECIFICALLY AMENDING SECTIONS 30-
31 “INTENT”, 30-32 “CRITERIA FOR REMOVAL”, 30-33 “RELOCATION OR
REPLACEMENT OF TREES” 30-34 “MITIGATION PLAN”, 30-35
“EXCEPTIONS”, 30-39 “TREE REMOVAL, PERMIT REQUIRED”, 30-40
“TREE SURVEY REQUIRED BEFORE PERMIT” 30-324 “LANDSCAPE”, 30-
334 “REDUCTION IN REQUIRED LANDSCAPE YARDS”, AND 30-338
“NATURAL BUFFER YARDS”, AND CREATING NEW SECTION 30-31.5
“CANOPY REQUIREMENTS”; PROVIDING FOR GRANDFATHER
PROVISION, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES,
EFFECTIVE DATE AND INCORPORATION INTO THE CODE.
WHEREAS, the retention of trees and vegetation reduces erosion; provides natural
water retention and filtration; provides shade; buffers incompatible uses; aids in urban
temperature control; provides wildlife habitat and improves the aesthetic quality of a community;
and
WHEREAS, the preservation of trees and natural vegetation increases property values
and contributes to human health; and
WHEREAS, the Conservation Element of the City’s comprehensive plan states the City
shall not allow the total removal of vegetation during land development, and;
WHEREAS, the comprehensive plan further recognizes the value of trees as an
important community resource, and requires that land development regulations shall afford
adequate protection of trees during development while allowing developers latitude in some
cases to devise alternative strategies to save and preserve trees during development; and
WHEREAS, the establishment and implementation of policies, regulations and
standards are necessary to ensure that the City of Titusville continues to realize benefits
provided by trees as recognized through the “Tree City USA” designation by the Florida
Department of Urban Forestry; and
WHEREAS, according to the United States Department of Agriculture Forest Service
(USDA.gov), tree canopy has numerous benefits, includes reducing summer peak temperatures
and air pollution, increasing property values, providing wildlife habitat, providing aesthetic
benefits, and attracting businesses and residents to a community; and
WHEREAS, Florida’s Urban Forest: A Valuation of Benefits (University of Florida
Institute of Food and Agricultural Sciences (IFAS) Publication #ENH1331, November 3, 2020)
estimates that based upon 2019 leaf-on aerial imagery from National Agricultural Imagery
Program.in 9012, the Palm Bay-Melbourne-Titusville area had a canopy cover of 37.3% +/-
2.1% (95% confidence interval); and
Tree Ordinance - Staff Recommendation

July 2021 Page 1 of 15
Page 209 of 376

WHEREAS, research published in the journal Landscape and Urban Planning found that
the presence of a tree ordinance having some form of heritage or significant tree designation
was associated with a 6.7% increase in urban tree canopy for municipalities in Florida
(Landscape and Urban Planning 190 (2019) 103630), and
WHEREAS, the Titusville Environmental Commission has considered and made
recommendations regarding this ordinance; and
WHEREAS, the Planning and Zoning Commission considered the recommendations of
the Titusville Environmental Commission and made recommendations regarding this ordinance;
and
WHEREAS, the City Council has considered the recommendations of the Titusville
Environmental Commission, the Planning and Zoning Commission and interested members of
the public during their review of the ordinance, and
WHEREAS, this ordinance is internally consistent with the goals, objectives and policies
of the Titusville Comprehensive Plan; and
WHEREAS, the requirements of this ordinance generally maintain a balance between
important environmental concerns and compatible development by allowing development while
encouraging the establishment of an acceptable amount of tree coverage on public and private
lands within the City while protecting property rights; and
WHEREAS, the City Council find this ordinance to be in the best interests of the public
health, safety and welfare of the citizens of Titusville; and
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
adopted and incorporated herein by this reference.
Section 2: That Chapter 30 “Development Standards”, Article II “Environmental”,
Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-31 “Intent” of the
Sec. 30-31. -– Intent, definitions, and general standards.
(a) Intent. This article is intended to improve and protect the environment, character and value
of surrounding properties. The provision of landscaping and the retention of natural plant
growth reduces erosion, provides natural water retention and filtration, provides shade,
buffers incompatible uses, aids in urban temperature control, provides wildlife habitat, and
improves the aesthetic quality of a community, thereby promoting the public health, safety
and general welfare.
(b) General Standards. The general standards below provide requirements for key concepts of
this Division.
Tree Ordinance - Staff Recommendation

Page 210 of 376

(c) Protected trees are designated as follows:

Tree Designation Species Size – Diameter at Breast Height
Significant Native or IFAS-designated Equal to or greater than fourteen

Florida-friendly (14) inches and less than twenty
(20) inches
Specimen Native or IFAS-designated Equal to or greater than twenty
Florida-friendly (20 inches and less than forty-six
(46) inches
Heritage Native or IFAS-designated Equal to or greater than forty-six
Florida-friendly (46) inches
(d) Critical root zone (CRZ) is also called the "tree protection zone" is often defined as an
imaginary circle on the ground that corresponds with the "dripline" of the tree. However, the
dripline is very irregular and misleading, so the trunk diameter is referred to. To determine a
CRZ:
(1) Measure tree diameter four and one-half (4.5) feet above grade.
(2) Multiply this by twelve (12) inches.
(3) The calculation gives the diameter of the CRZ centered on the tree. For example,
a twenty-five-inch diameter tree would have a twenty-five-foot diameter CRZ.
(e) Limited development in the CRZ is allowed as follows.
(1) Impervious surfaces are allowed in the CRZ as long as no more than twenty-five percent
(25%) of the CRZ area is paved. Additional impervious surface may be approved by
the Development Review Committee when methods are utilized that would permit water
to adequately penetrate the root zone to allow the continued viability of the tree. Grade
changes within the CRZ shall not exceed a difference of three (3) inches between the
pre-development grade and the post-development grade.
(2) If new development or a grade change occurs in the CRZ, except as described in (1)
above, the tree shall be considered as being fully impacted and mitigation/replacement
as required by code shall be applied; no mitigation credit shall be allowed.
(3) The CRZ of a preserved tree may include existing impervious area(s) not adversely
affecting the viability of the tree.
(e) Development Area is the total site area less that area which will not be altered as
determined by the applicant. Land to be excluded from the Development Area may be
wetlands, drainage or utility easements, water bodies, or any other land which will not be
altered. Only land included within the Development Area may be utilized to meet required
canopy.
Tree Ordinance - Staff Recommendation Ver4

Page 211 of 376
Section 3: That Chapter 30 “Development Standards”, Article II “Environmental”, Division 2

“Trees and Vegetation (Preservation and Mitigation)”, of the Land Development Regulations of
the City of Titusville is hereby amended by adding a section, to be numbered Section 30-31.5
“Canopy Requirements”, which said section reads as follows:
Sec. 30-31.5. – Canopy requirements.
(a) Canopy requirements.
(1) All developments, except those exempted in (a) (3) below, shall provide tree canopy
within the development area. Minimum canopy requirements may be met through a
combination of preserved and planted trees as provided below.
(2) In the event there is insufficient canopy to meet the required minimum canopy, the
applicant shall be required to plant additional trees to meet the total canopy area
established in Section 30.31.5, Canopy requirements. Any trees planted to address a
shortfall of preserved canopy shall not receive mitigation credit.
Development Type Total Canopy as a Minimum Preserved Canopy

Percentage of Development as Percentage of
Area Development Area
Residential 25% 15%
Commercial1 15% 10%
Industrial1 15% 10%
1
In order to encourage redevelopment of existing developed commercial or industrial sites that
may not have any canopy or very little canopy, the canopy standards set forth may be reduced
by fifty (50) percent of the requirement above.
The following categories of development are not required to satisfy the canopy requirements,
but may voluntarily satisfy the canopy requirements to benefit from Section 30-34 (i), Incentives.
a. Residential lots less than one (1) acre in size that are not developed as part
of a subdivision. For those lots, the building permit plot plan shall identify
trees to be preserved.
b. Commercial development on parcels one and one-half (1.5) acres or less in
size that are legally established as of [date of ordinance].
c. Industrial development on parcels three (3) acres or less in size that are
legally established as of [date of ordinance].
d. All development in the Downtown Mixed-Use zoning district.
(b) An aerial photograph not more than one (1) year old may be utilized to determine the tree
canopy area.
(c) Undisturbed vegetated scrub habitat consisting of, but not limited to, chapman oak, scrub
oak and sand live oak, in excess of an average of thirty-six (36) inches in height shall be
considered as part of the tree canopy area.
(d) Category I invasive plant species as listed by the Florida Exotic Pest Plant Council shall not
be counted toward canopy requirements.

Page 212 of 376
(e) All required tree canopy areas shall be permanently protected in a recorded plat condition,
or declaration of covenants recorded in the official records of Brevard County, Florida, or
with sufficient protective language, as noted on the approved site plan, which shall be noted
as a condition of approval, in property records maintained by the City of Titusville.
(f) Loss of canopy to a level below the required preserved canopy requirements shall require
replacement.
(g) Canopy Area Requirements
(1) Canopy areas may include portions of Low Impact Development (LID) stormwater
management features incorporating existing and/or planted trees and native vegetation.
(2) Canopy areas may include areas of planted trees in stormwater retention or detention
areas and other nutrient removal mechanisms.
(3) Canopy areas may be located in code required buffers, wetlands and wetland buffers,
and any preservation areas or buffers required by zoning, conditional use permit, master
plan, planned development or development agreement approval.
(4) Up to fifty (50) percent of canopy areas containing preserved trees may be forested
wetlands provided the wetlands are free of invasive species.
(5) Canopy areas may contain passive recreation areas, boardwalks, trails, decks and
paths as long as these areas are pervious and will not cause damage to the CRZ as
required in Section 30-31, Intent, definitions and general standards.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-32 “Criteria for removal” of the
Sec. 30-32. - Criteria for removal.
(a) The following criteria shall be considered by the Administrator to be justification for removal
of protected trees. For heritage trees, additional criteria are provided in paragraph (e),
below.
(1) Trees located in a portion of a lot or parcel in which a building, driveway, sidewalk,
retention area or accessory structure will be constructed where redesign to avoid tree
removal is not feasible. When feasible the developer may employ alternative
construction techniques, including the use of low-impact development (LID)
techniques, such as pervious pavement, grade beams, retaining walls, and/or tree
wells, to preserve trees.
(2b) Trees located with their critical root zone in such close proximity to buildings,
driveways, sidewalks, or accessory structures that they prevent the property
development of the lot or parcel.
(3) Trees that are deemed to be hazardous to persons or property, as determined by an
evaluation of a certified arborist or a Florida licensed landscape architect or certified
nursery professional;
(4) Trees which are dead, diseased or weakened by age, storms, fire or other injuries,
which pose a threat to the welfare of the general public as determined by an arborist,
landscape architect or certified nursery professional. The permit fee will be waived in
these cases.

Page 213 of 376
(5) Tree removal activities authorized and preempted by state or federal law or regulation,
which include, but are not limited to:
1. Removal of trees on trees on residential property which pose danger to persons or
property in accordance with Section 163.045, F.S., for which no permit or replacement
tree will be required.
2. Removal of trees by an electric utility to clear trees away from power lines in order to
ensure the safe transmission of electricity to customers, as provided by Florida Statutes
and Electric Tariff Rules, including the preemption under Section 163.3209.
(b) Sufficient evidence in the form a written statement must be provided to the Administrator to
substantiate the need for any tree removal.
(c) Critical root zone (CRZ) is also called the "tree protection zone" is often defined as an
CRZ:
(3) The calculation gives the diameter of the CRZ centered on the tree. For example, a
twenty-five-inch diameter tree would have a twenty-five-foot diameter CRZ.
(d) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries, which
pose a threat to the welfare of the general public. The permit fee will be waived in these
cases.
(ec) If after consideration of the above criteria, tree removal cannot be avoided, the
Administrator is authorized to grant reduction to the setback regulations applicable, for all
non-single-family residential uses, up to twenty-five (25) percent of the required setback in
order to avoid the removal of the protected tree. However, no setback shall be reduced to
less than the required fire separation for the proposed structures of the proposed.
(d) Shredding, chipping and/or off-site wood logging is desired method for removing vegetation
from the site. On-site burning of removed vegetation is prohibited.
(e) Heritage trees may be removed if approved by the Development Review Committee,
utilizing the criteria in (a) above and the following criteria:
(1) Whether the project can be reasonably reconfigured to preserve the heritage tree(s);
(2) Whether a reduction of required setbacks, buffers, road width or other code requirement
by the Development Review Committee, would be sufficient to preserve the heritage
tree(s);
(3) Whether alternative construction methods, including the use of low-impact (LID)
techniques such as pervious pavement, grade beams, retaining walls, and/or tree wells,
can be utilized to preserve the tree;
(4) Other site specific conditions as may be presented by the applicant.
(5) Any appeal to the decision of the Development Review Committee shall be heard by the
City Council. Any applicant that is aggrieved by the decision of the Development
Review Committee may file a written appeal within thirty (30) days after the decision in
dispute, accompanied by the appropriate fee. Appeals shall be filed with the City and
shall state fully the grounds for the appeal and all facts relied upon by the petitioner.

Page 214 of 376
The City Manager shall schedule the appeal for the consideration of the City Council
within sixty (60) days of receipt of the appeal.
(f) Appeals/Variances. All applications for appeals or variances that are not otherwise
addressed in this Article, shall be considered by the Board of Adjustments and Appeals. If
an individual has exhausted all available administrative remedies and is of the opinion that
the application of these regulations denies all reasonable use of the property, an additional
procedure for relief is afforded in Chapter 34 Procedures, Article X Beneficial Use.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-33 “Relocation or replacement
of trees” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
Sec. 30-33. - Relocation or replacement of trees.
(a) As a condition of granting a permit, the applicant may be required to relocate trees being
removed or replace the tree being removed with a Florida-friendly species tree of similar
type elsewhere on the site which shall be a minimum of two and one-half (2.51) inch caliper
as measured at a height of four and one-half (4½) feet above ground (dbh) provided the site
can reasonably support the relocation or replacement as determined by the Administrator.
Replacement trees shall have a healthy root system and a minimum grade of Florida #1.
(b) For every protected tree, reasonable relocation includes techniques such as root pruning,
tree spades and other similar techniques. Relocation techniques shall be reviewed and
approved by the City prior to being used for any relocation of trees on the property.
(c) The mitigation plan shall include designation of any proposed relocation area(s). All
relocation areas shall be permanently protected in a recorded plat condition, or declaration
of covenants recorded in the official records of the City of TitusvilleBrevard County, Florida,
or with sufficient protective language, as noted on the approved landscape site plan, which
shall be noted as a condition of approval, in property records maintained by the City of
Titusville.
(d) No new overstory tree shall be planted within the drip line of an existing tree being
preserved.
(e) The City may not require a property owner to replant a tree that was pruned, trimmed, or
removed in accordance with Section 163.045, F.S., as may be amended.
(f) Replanting and/or mitigation of trees removed by an electric utility to clear trees away from
power lines, as provided by Florida Statutes and Electric Tariff Rules shall be consistent
with the provisions of Section 163.3209, F.S., as may be amended.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-34 “Mitigation Plan” of the
Land Development Regulations of the City of Titusville is hereby amended to read as
follows:
Sec. 30-34. -– Mitigation Plan and Incentives to Preserve Trees and Reduce Mitigation.
(a) As a condition of granting a permit, the applicant is required to prepare a Mitigation Plan for
all major trees (measuring twenty (20) inches dbh or more) which providing for replacement
of protected trees are designated for removal. Said plan shall provide for a two-to-one

Page 215 of 376
replacement based on tree caliper (i.e. if a twenty-two-inch dbh tree is being removed a
total of forty-four (44) inches dbh shall to be replanted on the site). as provided below.
(1) Significant tree – fifty percent (50%) mitigation replacement based on trunk dbh
(2) Specimen tree – fifty percent (50%) mitigation replacement based on trunk dbh
(3) Heritage tree – two-hundred percent (200%) mitigation replacement based on trunk dbh,
(b) All replacement mitigation trees shall be depicted on the mitigation plan with identification of
the type of tree. The replacement/mitigation tree plantings shall be in addition to any
landscape planting required by the City Code.
(c) Mitigation plantings are permitted within preserved and planted canopy areas if there is
sufficient room to ensure viability of canopy and mitigation plantings. Caliper inches
planted above the minimum size for canopy areas and required landscape areas may be
credited toward mitigation planting requirements.
(d) The mitigation plan shall include a list (including species and size) of all protected trees
proposed for removal and a list of all protected trees to be preserved.
(e) Alternatively, the applicant may in lieu of replanting, as set forth in Section 30-35 (a)
preserve native vegetation on the site consisting of at least one hundred (100) square feet
per tree caliper inch lost mitigation inch required. The preservation of native vegetation shall
be in addition to any preservation areas or landscaping required by the Titusville LDRs, with
the exception of preserved wetlands and natural buffer areas which may be counted as part
of preserved area credited toward mitigation. This mitigation credit shall not be given for
preserved or planted tree canopy areas. Native vegetation preservation credit may be
allowed in preserved wetlands, however a maximum of fifty percent (50%) of the total
required mitigation inches, may be provided from native vegetation preservation in wetland
areas. The mitigation plan shall include designation of proposed areas to be preserved and
specifications of the kind of existing vegetation in such areas.
(f) As a last resort for sites which cannot accommodate the plantings required by the Mitigation
Plan this section (as determined by the Administrator), the applicant shall contribute to the
City's Public Landscaping Trust Fund an amount equal to one hundred seventy-five dollars
($75.00 100.00) per net caliper-inch lost mitigation dbh inch. This provision can be reduced
to seventy-five dollars ($75.00) per a net caliper-inch lost when the trees are logged, in lieu
of burning.
(b) When mitigation trees are removed to address requirements established by floodplain
compensatory storage regulations (Section 30-103(f)(3)), the mitigation criteria for that
portion of the development shall be enforced as shown below:
(1) The replacement ratio shall be one-to-one replacement based on tree caliper.
(2) The contribution to the City's Public Landscape Trust Fund shall be an amount equal to
one hundred dollars ($100.00)seventy-five ($75.00) per net caliper-inch lost.
(gc) The provision of payment into the City's Public Landscaping Trust Fund shall not be eligible
for a variance before the Board of Adjustment and Appeals.
(hd) Appeals. Appeals of the Administrator's determination as to the practicality of installing
required mitigation trees shall be processed as described in Section 34-248(b). If the
appeal is granted by the Board of Adjustment and Appeals, the applicant shall make the
required payment as stipulated by Section 30-35 (f) into the City's Public Landscaping Trust
Fund.

Page 216 of 376
(i) Incentives to preserve canopy and reduce mitigation are shown below.
(1) Incentive 1. Developments satisfying all requirements for minimum preserved canopy
and total canopy are exempt from further mitigation for significant trees that are
removed. On developments where this is achieved, a tree survey of significant trees is
not required outside of the total canopy area.
(2) Incentive 2. If site plan or subdivision plan provides for a total canopy area increase of
5% of the site in accordance with the table below, then no further tree mitigation or
payment in lieu of mitigation is required, with the exception of Heritage Trees which still
require mitigation
Total Canopy
Residential 30% or greater
Commercial 20% or greater
Industrial 20% or greater

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-35 “Exceptions” of
the Land Development Regulations of the City of Titusville is hereby amended to read as
follows:
Sec. 30-35. - Exceptions.
(a) Emergency conditions. The City Manager or his designated representative may waive all or
part of these requirements in the event of natural disaster such as hurricanes, tornados,
floods, or hard freezes.
(b) Licensed plant and tree nurseries shall be exempt from the terms and provisions of this
article when trees planted or growing on the premises of said licensee are so planted and
growing for the sale to the general public in the ordinary course of business.
(c) Persons donating trees to a public body for transplanting on public property shall be exempt
from the payment of fees for obtaining the required permit when said trees are accepted by
the public body.
(d) Nuisance trees shall be removed; and a permit is not required. A list of nuisance trees can
be found Section 2.3 of the Tree Protection/Removal of the Environmental Technical
Manualshall be those identified by the Florida Exotic Pest Plant Council.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-39 “Tree removal, permit
required” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
Sec. 30-39. - Tree removal, permit required.
(a) No person, organization, society, association or corporation, or any agent or representative
thereof, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy
through damaging any tree with a trunk diameter of four (4) inches or more, said diameter
being measured four and one-half (4½) feet above ground level prior to the issuance of a
permit by the City of Titusville, unless such removal is pre-empted by state or federal
regulation..

Page 217 of 376
(b) Diameter breast height (DBHdbh) is the measurement of the tree's diameter made by tree
professionals, taken at breast or chest height. This diameter is measured over the outside
bark using a diameter tape at the point "breast height." Breast height is specifically defined
as a point around the trunk at four and one-half (4.5) feet (1.37 meters in metric using
countries) above the forest floor on the uphill side of the tree. For the purposes of
determining breast height, the forest floor includes the duff layer that may be present, but
does not include unincorporated woody debris that may rise above the ground line.
(c) A tree removal permit shall not be required from an owner of an existing single-family
residential dwelling. For the purposes of tree removal, a single-family residence shall be
considered existing one (1) year after issuance of the certificate of occupancy.
(d) Common areas and tracts within a single-family developments shall not be exempt from
permit requirement for removal of trees.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-40 “Tree survey required
before permit” of the Land Development Regulations of the City of Titusville is hereby amended
to read as follows:
Sec. 30-40. - Tree survey required before permit.
(a) Before obtaining a clearing and grubbing permit, building permit, sketch plat, preliminary
plat approval or site plan approval, in addition to other requirements set out in these
regulations all applicants shall submit a survey provided by a registered land surveyor,
landscape architect or certified nursery professional detailing the following information
shown below.:
(b) As a condition of granting a permit, the developer shall work with staff to adjust the
proposed layout to achieve preservation of healthy native trees where feasible. The
developer shall be required to consider, and where feasible, implement the
recommendations of staff regarding the redesign of the site and utilize low impact
development methods to preserve such trees.
(c) Tree survey requirements
(1) The tree and vegetation survey requirements as described below supersede all other
provisions for tree surveys found in the City land development code and technical
manuals.
(2) For all sites the applicant shall provide the following:
(a) A survey of trees and a sampling of understory vegetation prepared by a Florida
Licensed surveyor that lists the tree species, dbh, and quantity of each tree
species with fourteen (14) inch dbh and larger. For areas to be preserved for
mitigation credit, the tree survey shall also include all trees six (6) inch dbh and
larger. Smaller size trees may be shown in order to meet landscape planting
requirements. A general description of the understory species and coverage shall
be provided.
(b) The survey shall also include a sampling of vegetation that is representative of the
species diversity and distribution throughout the interior of the site as follows: 100
feet by 100 feet sample areas at the rate of one (1) sample area per three (3)
acres. An inventory in each sample area shall list all trees six (6) inch dbh and

Page 218 of 376
larger, and show their species, quantity, and dbh. The City reserves the right to
request additional sample areas based on site conditions.
(a) The location of trees six (6) inches or more in trunk diameter;
(b) Designation of trees proposed to be removed, retained or replaced due to
buildings, roads, sidewalks, manmade structures or improvements;
(c) Designation of such trees considered diseased or hazardous to buildings,
pavement, utilities or other proposed improvements; and
(d) Designation of trees which may be adversely affected by proposed grade changes.
(e) For subdivisions, and individual lots greater than five (5) acres, the developer shall
provide the following:
(1) An aerial photograph of the subject property which indicates where the streets and
utilities are planned and which trees are proposed to be removed.
(2) Written evaluation of the number of trees to be removed and any reasons for the
proposed layout. All trees twelve (12) inches dbh and greater, proposed to be removed
shall be flagged or painted in the field.
(3) The location of all mitigation size trees as located by a registered land surveyor,
landscape architect or certified nursery professional.
(4) The location of trees six (6) inches or greater in buffer areas or twenty (20) feet from
property lines.
(5) An explanation of how trees are to be protected during site clearing activities.
(6) Whenever possible, shredding, chipping and/or off-site wood logging is desirable
alternative to burning. In electing this option, a twenty-five (25) percent credit will be
given towards required tree mitigation and/or contribution to the City's Public
Landscaping Trust Fund.
(7) The developer agrees to work with staff and adjust the proposed layout to preserve
more trees and specifically to preserve mitigation size trees.
10 “Landscaping”, Subdivision 2, Section 30-324 “Landscape” of the Land Development
Regulations of the City of Titusville is hereby amended to read as follows:
Sec. 30-324. - Landscape.
(a) Residential development:
(1) All single-family residential lots or developments, or lots greater than one (1) acre shall
meet the canopy requirements of Section 30.31.5, Canopy requirements.preserve an
area of approved low and moderate tolerant water usage mixed vegetation (native
trees and shrubs are preferred) equal to at least ten (10) percent of the total lot or
development area. In the event there is no approved low and moderate tolerant water
usage mixed vegetation on a lot or development, the applicant shall be required to
establish an area of approved low and moderate tolerant water usage mixed vegetation
equal to ten (10) percent of the lot or development. Required landscaping may be
credited as established in the Landscape Credits Table, 30-7 of this section.
(2) At a minimum, fifty (50) percent of newly installed vegetation must be shrubs.

Page 219 of 376
(3) The front yard tree requirement may be waived by the Administrator if the residential
lot(s) preserves trees and underlying vegetation in the front yard setback area.
(b) Commercial development:
(1) Commercial developments shall meet the canopy requirements of Section 30.31.5,
Canopy requirements. Ten (10) percent of the required landscape area for a
commercial development shall utilize low and moderate tolerant water usage mixed
vegetation (native trees and shrubs are preferred). The City can supply the applicant
with a list of approved mixed low and moderate tolerant water usage vegetation upon
request (see Landscape Technical Manual). Required landscaping may be credited as
established in the Landscape Credits Table, 30-7 of this section.
(c) Industrial development:
(1) Industrial development shall meet the canopy requirements of Section 30.01.5, Canopy
requirements. Ten (10) percent of the required landscape area for an industrial
development shall utilize low and moderate tolerant water usage mixed vegetation
(native trees and shrubs are preferred). The City can supply the applicant with a list of
approved mixed low and moderate tolerant water usage vegetation upon request (see
Landscape Technical Manual). Required landscaping may be credited as established
in the Landscape Credits Table, 30-7 of this section.
(2) Industrial development may consolidate all required landscaping between the public
right-of-way and the building. For example, the required planting materials in a building
perimeter landscape strip for the entire perimeter of the proposed structure may be
consolidated along the front edge of the building. As the minimum plant materials will
be consolidated along the front of the building, the remainder of the perimeter will not
require a building perimeter landscape strip. This consolidation can be applied to
required building perimeter landscape strips, and required landscape yards except as
noted below. This regulation shall not be construed to not require landscaping between
the building and any public right-of-way.
(3) Required landscape yards may only be consolidated between the building and public
right-of-way for property lines that abut other industrial development or zoning districts.
Industrial development that abuts non-industrial development or zoning districts shall
provide the required buffer along those property lines abutting non-industrial
development or zoning districts.
(4) Industrial development which is adjacent to two (2) public rights-of-way (ex: a corner
lot) may consolidate the required landscaping between the building and the two (2)
rights-of-way.
[(d)] [Reserved.]
(e) Downtown Mixed-Use (DMU) zoning district. The DMU landscape standards can be found
in Division 7 of this chapter.

Page 220 of 376
(f) Required landscaping may be credited as established in the landscape credits table below.
Table 30-7: Landscape Credits
Plant Material Minimum size Equivalency
Minimum 4-inch Equals 200 square feet of approved mixed

Preserved tree
caliper vegetation
Minimum 2½—3-inch Equals 200 square feet of approved mixed

Newly installed tree
caliper vegetation
Existing or newly installed Minimum 18 inches in Equals nine (9) square feet of approved
shrub height mixed vegetation
Note— Irregular shaped lots — It is the intent that by following the above-outlined performance
standards, each newly planted tree (palms not included) will have an average two hundred
(200) square foot rooting area. If a conflict occurs between newly planted trees, trees preserved,
and the number of trees required because of lot size, the Administrator may make the
determination to ensure the required rooting area of two hundred (200) square feet for each
tree.
Section 11: That Chapter 30 “Development Standards”, Article II “Improvements”, Division

10 “Landscaping”, Subdivision 3 “Landscape Yard (Buffer/Screen), Section 30-334 “Reduction
in required landscape yards” of the Land Development Regulations of the City of Titusville is
hereby amended to read as follows:
Sec. 30-334. - Reduction in required landscape yards.
(a) The Administrator is authorized to grant reduction of up to 50% of the width of a required
landscape buffer in order to avoid the removal of a protected tree. The protected tree shall
be designated for preservation on the site plan and/or within a preservation area. Any person
aggrieved by a decision or determination of the Administrator pursuant to this chapter may
appeal such decision to the Development Review Committee.
(b) Any landscape areas reduced in size shall be offset by an equal amount in another area of
the site, unless this requirement is waived by the Administrator based upon a determination
of an arborist, landscape architect or certified nursery professional that the site will not
support the required plantings.

Page 221 of 376

10 “Landscaping”, Subdivision 3, Landscape Yard (Buffer/Screen), Section 30-338 “Natural
buffer yards” of the Land Development Regulations of the City of Titusville is hereby amended
to read as follows:
Sec. 30-338. - Natural buffer yards.
Existing vegetation natural buffer yards with native vegetation shall be preserved. In cases
where a significant change of grade would result in removal of vegetation, the Administrator
may grant a waiver to this provision. Natural buffer yards meeting canopy requirements may
count toward preserved canopy requirements provided in Sec. 30-31.5, Canopy requirements.
Existing vegetation may be used to meet any of the buffer yard requirements if the criteria of the
required landscape yard type table are met. The applicant shall retain as much of the existing
native vegetation towards the buffer or landscape yard requirement.
Section 13. GRANDFATHER PROVISION. All lawful existing development shall be

entitled to complete development that has been previously authorized and the City recognizes
the right of any person to complete the following development in compliance with the former
regulations:
(a) Building permits approved as of the effective date of this ordinance, which remains valid
consistent with the Florida Building Code and requirements of this Code.
(b) Development that has received final plat approval, site plan approval, preliminary plat
approval which remains valid consistent with all Code requirements.
(c) Development that has on file with the City a completed application for a building permit, site
plan, preliminary plat or final plat, including acceptance of all required exhibits and payment
of all applicable fees and the application continues to remain active and processed
consistent with the requirements of the Code. Issuance of a permit from an outside agency
is not required for compliance with this grandfathering provision.
(d) Development that has received sketch plat approval shall not be required to comply with the
new regulations to the extent applicable to the sketch plat process, but shall comply with
the regulations set forth herein beyond sketch plat approval unless the development meets
guidelines for grandfathering under this ordinance.
(e) The City may recognize other applications for vested rights consistent with Chapter 34
Procedures, Division 3 Vested Rights Determination, of this Code.
Any person who has a right to complete said development and has secured a building
permit, final plat approval, final site plan approval or preliminary plat approval as provided above
shall lose its right to complete said development if said development does not maintain a current
building permit, or current site plan or development approval as provided for by the Code of
Ordinances of the City. Once a development has lost its current approval, then in that event,
future development shall comply with applicable regulations.
Section 14: SEVERABILITY. If any provisions of this Ordinance are for any reason

Page 222 of 376
Section 15: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

Section 16: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
Section 17: INCORPORATION INTO CODE. This ordinance shall be incorporated into
the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing.
omissions, not affecting the construction or meaning of this ordinance and the Code may be
made.
____________________________
ATTEST:
__________________________

Page 223 of 376
COMPARISON OF CURRENT CODE AND PROPOSED ORDINANCE
SECTION CURRENT CODE PROPOSED ORDINANCE

Section 30-31 - Intent
No definition of protected tree Definition of protected trees:
significant, specimen and
heritage trees
Permits limited development
in Critical Root Zone
Adds definition of
development area
Section 30.01.5 – Canopy
requirements
No canopy requirements Canopy requirements for
residential, commercial and
industrial with exemptions
provided
Provides canopy areas may
include portions of Low
Impact Development (LID),
buffers and passive
recreation areas
Up to 50% of canopy areas
may be forested wetlands
Section 30-32 – Criteria for
removal
Trees located where building, In addition to existing
driveway, sidewalk, retention language, LID techniques
area or accessory structure may be utilized to preserve
located trees
Trees located with critical No change.
root zone (CRZ) in close
proximity to building,
driveway, sidewalk, or
accessory structures
Trees deemed hazardous by
arborist or landscape
architect
Trees which are dead,
diseased which pose a threat
to public
Tree removal authorized by
other state or federal
regulation
Page 1 of 4
Page 224 of 376

Administrator may grant Reduction of setbacks

reduction up to 25% of allowed for all uses, not just
setbacks for commercial commercial
development to save
protected tree
On-site burning of trees On-site burning of trees
allowed prohibited
Heritage tree removal
approved by Development
Review Committee with
appeal to City Council
Appeal language referencing
beneficial use and BAA
added
Section 30-33 – Relocation or
replacement of trees
Replacement tree 1 inch Replacement tree 2.5 inch
caliper minimum caliper minimum
Additional requirements
related to replacement trees
Section 30-34 – Mitigation
Plan
Mitigation required for trees Mitigation required for trees
20” dbh and larger 14” dbh and larger
Mitigation requirement is Mitigation requirements are:
200% per dbh removed 50% for significant and
specimen trees; 200% for
heritage trees
Native vegetation may be Additional requirements for
preserved on site in lieu of preservation of native
replanting vegetation in lieu of
replanting
Payment in lieu of mitigation Payment in lieu of mitigation
equal to $100 per inch/$75 equal to $75 per inch
per inch with logging
Incentives to preserve
canopy included
Section 30-35 - Exceptions
Nuisance species identified in Nuisance species identified
technical manual by Florida Exotic Pest Plant
Council
Section 30-39 – Tree
removal, permit required
Permit required for removal Permit required for removal
of trees four (4) inch dbh or of all trees
greater
Page 2 of 4
Page 225 of 376

Section 30-40 – Tree survey

required before permit
Tree permit required prior to In addition, tree permit
clearing and grubbing permit, required prior to sketch plat
building permit, preliminary approval
plat and final plat approval
Location of 6 inch trees in Two options for tree survey:
tree survey
Survey of all trees 14 inch
dbh and greater; for
preservation areas location of
6 inch dbh and greater
required
Sampling of trees permitted,

must include 6 inch dbh and
greater in sample areas
Section 30-324 - Landscape
Residential development – Canopy requirements
preservation of trees and
shrubs in 10% of area
Commercial and industrial – Canopy requirements
10% of required landscaping
shall be low and moderate
tolerant vegetation
Section 30-334 – Reduction
in required landscape yards
Administrator may grant
reduction up to 50% of
landscape buffer width to
avoid removal of protected
tree
Landscape area reduced in Includes waiver of offset
size shall be offset by equal requirement if site will not
amount of landscaping on support the required
site plantings.
Section 30-338 - Natural
buffer yards
Existing vegetation may be Existing native vegetation in
used to meet buffer yard buffer yards required to be
requirements if criteria of preserved, unless there is a
required landscape buffer significant grade change
yard is met
Natural buffer yards meeting
canopy requirements may
count toward preserved
canopy
Page 3 of 4
Page 226 of 376

Grandfather Clause
N/A Completed application or
approved for building
permits, final plat, site
plan, preliminary plat
Sketch plat to the extent

applicable to sketch plat
process. Currently the
sketch plat does not
require tree surveys –
only location of major
trees (20 inches and
greater dbh)
Page 4 of 4
Page 227 of 376

Page 228 of 376

Page 229 of 376

Page 230 of 376

Page 231 of 376

V
aca
ntL
and
C
omm
ercia
lLand In
dustria
lLand
A
cre
s A
cre
s
<
5 <
5 0 0
.5 1 2M
ile
s
≥
5 ≥
5
C
ity
Lim
its
Page 232 of 376

P
ath
:Q:\G
IS\V
aca
n tL
a n
d\V
aca
n tL
a n
d.a
p rx C
rea
tedB
y:MJo
nes D
ate
:Ju
ly8
,20
21
LARGE TREES PRESERVED/REMOVED BY SUBDIVISION
Subdivision Preserved Trees (DBH) - Removed Trees (DBH) -

Inches Inches
Subdivision A 32, 36(4), 48 36, 40, 46, 47
Subdivision B 36(4) 45, 46
Subdivision C 32(6), 34(2), 36(3), 38(3), 40, 32(2), 36(3), 40, 48(5), 54
42(2), 44,48(2), 54
Subdivision D 32, 40 32, 34
TOTAL INCHES LARGE TREES PRESERVED/REMOVED BY SUBDIVISION
Subdivision Preserved Trees (DBH) - Removed Trees (DBH) -

Inches Inches
Subdivision A 224 169
Subdivision B 144 91
Subdivision C 800 506
Subdivision D 72 66
Page 233 of 376


LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR STANDARDS OF
TREE PROTECTION INCLUDING THE DESIGNATION OF PROTECTED
TREES, CREATION OF TOTAL CANOPY AND PRESERVED CANOPY
REQUIREMENTS, STANDARDS FOR REMOVAL OF HERITAGE TREES,
ESTABLISHMENT OF INCENTIVES TO PRESERVE TREES AND REDUCE
MITIGATION, AND AMENDING CRITICAL ROOT ZONE, TREE SURVEY AND
BUFFER YARD REQUIREMENTS, BY AMENDING CHAPTER 30
“DEVELOPMENT STANDARDS” SPECIFICALLY AMENDING SECTIONS 30-
31 “INTENT”, 30-32 “CRITERIA FOR REMOVAL”, 30-33 “RELOCATION OR
REPLACEMENT OF TREES” 30-34 “MITIGATION PLAN”, 30-35
“EXCEPTIONS”, 30-39 “TREE REMOVAL, PERMIT REQUIRED”, 30-40
“TREE SURVEY REQUIRED BEFORE PERMIT” 30-324 “LANDSCAPE”, 30-
334 “REDUCTION IN REQUIRED LANDSCAPE YARDS”, AND 30-338
“NATURAL BUFFER YARDS”, AND CREATING NEW SECTION 30-31.5
“CANOPY REQUIREMENTS”; PROVIDING FOR GRANDFATHER
PROVISION, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES,
EFFECTIVE DATE AND INCORPORATION INTO THE CODE.
and
WHEREAS, the University of Florida Institute of Food and Agricultural Sciences (IFAS),
California Berkeley College of Natural Resources, and International Society of Arboriculture
(ISA) defines critical root zone (CRZ) as an area equal to a one (1) foot radius from the base of
the tree’s trunk for each one (1) inch diameter at breast height (DBH); and
(Landscape and Urban Planning 190 (2019) 103630), and
Tree Ordinance - P&Z Recommendation CORRECTED

June 2021 Page 1 of 18
Page 234 of 376

WHEREAS, Florida’s Urban Forest: A Valuation of Benefits (University of Florida Institute of

Food and Agricultural Sciences (IFAS) Publication #ENH1331, November 3, 2020) estimates
that based upon 2019 leaf-on aerial imagery from National Agricultural Imagery Program.in
9012, the Palm Bay-Melbourne-Titusville area had a canopy cover of 37.3% +/- 2.1% (95%
confidence interval); and
recommendations regarding this ordinance; and
the Titusville Environmental Commission and made recommendations regarding this ordinance;
and
WHEREAS, the City Council has considered the recommendations of the Titusville
Environmental Commission, the Planning and Zoning Commission and interested members of
the public during their review of the ordinance, and
WHEREAS, the City Council desires to strengthen tree protection while protecting
property rights, and approves these amendments as in the best interests of the citizens of
Titusville; and

Sec. 30-31. -– Intent, definitions and general standards.
(a) Intent. This article is intended to improve and protect the environment, character and value
of surrounding properties. The provision of landscaping and the retention of natural plant
growth reduces erosion, provides natural water retention and filtration, provides shade,
buffers incompatible uses, aids in urban temperature control and improves the aesthetic
quality of a community, thereby promoting the public health, safety and general welfare.
(b) Definitions
(1) Area of Alteration - means the area of the site, parcel or lot where alteration and/or
disturbance will occur. If areas are excluded, non-altered areas will be credited if
authorized by these regulations towards the required landscaping and/or canopy, then
the area(s) is considered area of alteration for the purposes of landscaping and canopy
requirements calculation.
(2) Canopy, Existing – means the area consisting of a tree’s branches in all directions from
its trunk at the time of a tree survey/location plan, the out edge of which is also referred
to as the existing dripline.
(3) Canopy, Mature – means the mature area consisting of a tree’s branches in all
directions from its trunk as defined in Appendix A, the outer edge of which is also
referred to as the mature dripline.
(4) Dripline, Planted – means the area consisting of a tree’s branches in all directions from
its trunk at seventy-five (75) percent of the mature canopy as defined in Appendix A for
each species planted, the outer edge of which is referred to as the planted dripline.
Tree Ordinance - P&Z Recommendation CORRECTED

June 2021 Page 2 of 18
Page 235 of 376

(5) Canopy, Preserved – Existing canopy that will be preserved on a site.
(6) Canopy, Total – means the total of preserved canopy and the planted canopy at
seventy-five (75) percent maturity, as defined in Appendix A.
(7) Native vegetation – means those plant species indigenous of Florida as determined by
the best available scientific and historic documentation and suitable for planting in
Brevard County. The Atlas of Florida Vascular Plants maintained by the Institute for
Systemic Botany, University of South Florida and/or the latest edition of Appendix A of
the Brevard County land development regulations shall be used as references.
(8) Replacement Tree – A tree that is planted to take the place of a tree that has been
removed. Replacement tree shall meet the minimum requirements of the landscape
planting specifications in Table 30-5. Replacement trees shall have a healthy root
system and a minimum grade of Florida #1.
(9) Tree Professional – Recognized knowledgeable individual, knowledgeable in the

identification and evaluation of vegetation resources, such as forester, biologist,
ecologist, horticulturist, Florida registered landscape architect, licensed landscape
contractor, certified International Society Arboriculture arborist, certified nurseryman,
Florida Nursery, Growers and Landscape Association Certified Landscape Designer or
a person having acceptable experience. Acceptable experience shall include a
minimum of a four-year degree in horticulture, ecology, forestry, botany, landscape
architecture or a minimum of four (4) years of fulltime experience in identification and
evaluation of vegetative resources.
(10) Tree Protection Area – an area identified on the site plan and/or plat that is specifically
set aside for the purpose of preserving and planting trees.
(11) Tree Survey/Location Plan – a tree location plan or survey showing the size,,
species, dbh and location of existing trees. Only a registered surveyor may locate trees
with a measured location as shown on a signed and sealed survey. Any other tree
location plan must be duly noted as a location plan (not a survey) with the credentials of
the Tree Professional that conducted the location plan. The information on the location
plan must include: name of the person(s), company, address, phone number and email
address of the professional that conducted the location plan..
Tree Ordinance – Final P&Z Recommendation

July 7, 2021 Page 3 of 18
Page 236 of 376
(c) General standards. The general standards below provide mandatory requirements for key
concepts of this Division.
(d) Protected trees are designated as follows:
Tree Designation Species Size – Diameter at Breast
Height
Significant Native or IFAS-designated Greater than fourteen (14)

Florida-friendly inches and less than twenty
(20) inches
Specimen Native or IFAS-designated Equal to or greater than
Florida-friendly twenty (20 inches and less
than thirty-three (33) inches
Heritage Native or IFAS-designated Equal to or greater than thirty-
Florida-friendly three (33) inches
(e) Critical root zone (CRZ) is calculated as follows for the CRZ of specimen and heritage trees.
(1) Measure tree diameter four and one-half (4.5) feet above grade (dbh).
(3) The calculation gives the radius of the CRZ centered on the tree. For example, a twenty-
five-inch diameter tree would have a twenty-five-foot radius CRZ.
(4) The Administrator reserves the right to determine a different CRZ for individual trees
based upon site specific conditions to ensure viability of the tree within site specific
development constraints.
(f) Internal critical root zone (ICRZ) means the inner circle that is half of the CRZ area. If this
area is impacted, it would cause significant impact to the tree and would be potentially life
threatening. [ Source: Urban Forestry Services, Inc.]
(g) For significant trees, the root protection zone shall be determined by the drip line of the
tree.
(h) For palm trees, the root protection zone area shall be 25 square feet and have a radius no
less than two feet.
(i) Except for tracts designated for tree preservation, limited development in the CRZ is allowed
as follows.
(1) No impervious surfaces or grade changes are allowed in the ICRZ.
(2) Impervious surfaces are allowed inside of the CRZ and outside of the ICRZ as long as
no more than twenty-five percent (25%) of the CRZ is paved. Grade changes within the
paved area shall not exceed a difference of three (3) inches between the pre-
development grade and the post-development grade. No impervious surfaces shall be
permitted within the existing dripline.

Page 237 of 376
(3) If any development or a grade change occurs in the CRZ with the exception of the
twenty-five percent (25%) threshold, then the tree shall be considered as being fully
impacted and mitigation/replacement as required by code shall be applied; no mitigation
credit shall be allowed. However, in the event that Developer is able to provide
additional tree survival mitigation measures to the city, then the tree may be considered
as preserved.
(4) The CRZ of a preserved tree may include existing impervious area(s) not adversely
affecting the viability of the tree.

“Trees and Vegetation (Preservation and Mitigation)”, of the Land Development Regulations of
the City of Titusville is hereby amended by adding a section, to be numbered Section 30-31.5
“Canopy Requirements”, which said section reads as follows:
Sec. 30-31.5. – Canopy requirements.
(a) Canopy requirements compliance.
(1) All subdivisions and site plans, except those exempted in (a) (3) below, shall provide
an area of tree canopy area within the Area of Alteration through the creation and
maintenance of Tree Protection Areas. Compliance with canopy requirements shall
be demonstrated and measured through Tree Protection Areas. Minimum canopy
requirements may be met through a combination of preserved and planted trees as
provided below.
(2) If the applicant is not able to provide the full minimum Tree Protection Area
Consisting of Preserved Trees due to either a shortage of existing tree canopy or
distribution of the existing tree canopy, the applicant shall provide as much
preserved canopy as feasible and meet the Total Tree Protection Area requirement
through the use of planted trees. Any trees planted to address a shortfall of
preserved canopy shall not receive mitigation credit.
Development Type Total Tree Protection Area as Tree Protection Area

a Percentage of Area of Consisting of Preserved
Alteration Trees as Percentage of Area
of Alteration (Minimum)
Residential 30% 25%
Commercial1 25% 15%
Industrial1 15% 10%
1
In order to encourage redevelopment of existing developed properties that may not have any
canopy or very little canopy on commercial or industrial sites, the total canopy set forth may be
reduced by fifty (50) percent or half of the Total Tree Protection Area requirement.

Page 238 of 376
(3) The following categories of site plans are not required to satisfy the canopy
requirements, but may voluntarily satisfy the canopy requirements to benefit from
Section 30-34 (i), Incentives.
a. Single-family residential lots less than one (1) acre in size that are not
developed as part of a subdivision. For those lots, the single-family
residential building permit plan shall identify the Tree Protection Area.
b. Commercial development on parcels one and one-half (1.5) acres or less in
size that are legally established as of [date of ordinance].
c. Industrial development on parcels three (3) acres or less in size that are
legally established as of [date of ordinance].
d. All development in the Downtown Mixed-Use zoning district.
(b) An aerial photograph not more than one (1) year old may be utilized to determine the tree
canopy area.
(c) Undisturbed vegetated scrub habitat consisting of, but not limited to, chapman oak, scrub
oak and sand live oak, in excess of an average of thirty-six (36) inches in height shall be
considered as part of the tree canopy area.
(d) Category I invasive plant species as listed by the Florida Exotic Pest Plant Council shall not
be counted toward canopy requirements.
(e) A minimum of sixty (60) percent of the tree protection area acreage is required to be
located in the interior of the property. The Development Review Committee (DRC) may
approve a waiver to reduce this requirement to forty (40) percent. The Board of
Adjustments and Appeals is authorized to grant variances to canopy placement
percentages pursuant to established variance procedure criteria.
(f) Tree Protection Area Requirements

(1) In single family residential subdivisions preserved canopy in tree protection areas
should be placed in tree tracts. In commercial, industrial or other areas, preserved canopy
should be placed in protected tract(s) or easement(s) when possible.
(2) Loss of canopy within tree protection areas to a level below the required preserved
canopy requirements shall require replacement. Tree loss due to acts of God are exempt
from this requirement.
(3) The applicant may install planted canopy within a tree protection area. Planted canopy
must not be placed within the CRZ of preserved canopy.
(4) Within tree protection areas containing preserved canopy, the existing soil shall be
preserved to the greatest extent possible and must follow the CRZ and ICRZ requirements
in Section 30-31 (c)(2). The native understory associated with the existing trees shall be
preserved to the greatest extent possible.

Page 239 of 376
(g) Tree Protection Area Allowances

(1) Tree protection areas may include portions of Low Impact Development (LID)
stormwater management features incorporating existing and/or planted trees and native
vegetation.
(2) Tree protection areas may include areas of planted trees in stormwater retention or
detention areas and other nutrient removal mechanisms.
(3) Tree protection areas may be located in code required buffers, wetlands and wetland
buffers, and any preservation areas or buffers required by zoning, master plan,
development agreement, conditional use, or planned development approval. Only up to fifty
(50) percent of the tree protection areas and forested wetlands may be counted toward the
required tree protection area.
(4) Up to fifty (50) percent of protection areas containing preserved trees may be forested
wetlands provided the wetlands are free of invasive species such as Brazilian pepper.
(5) Tree protection areas may contain passive recreation areas, boardwalks, trails, decks
and paths as long as they areas are pervious and will not cause damage to the CRZ or
ICRZ as required in Section 30-31, Intent, definitions and general standards.
(h) Tree Protection Area Legal Protection
(1) Subdivisions shall show all proposed tree protection areas in tree tracts or easements
on a plat recorded in the Official Records of Brevard County, Florida.
(2) Subdivisions with single trees or small clusters of preserved canopy that cannot be
placed in a tree protection area tract or easement because of design impacts shall be noted
on the site plan meeting the requirements of Section 30-31.5, Canopy requirements, and be
protected in the language of the homeowner’s declaration documents.
(3) Non-subdivision site plans shall contain language and graphical representation of all
preserved canopy areas. Shall be permanently protected with sufficient protective
language, as noted on the approved site plan, which shall be noted as a condition of
approval, in property records maintained by the City of Titusville.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-32 “Criteria for removal” of the
(a) The following criteria shall be considered to be justification for removal of trees, except
heritage trees which shall require review and approval of the Titusville Environmental
Commission serving as the City’s Tree Board and the Board of Adjustments and Appeals,
consistent with provisions of paragraph (e), below.

Page 240 of 376
(1) Trees located in a portion of a lot or parcel in which a building, driveway, sidewalk,
retention area or accessory structure will be constructed where redesign to avoid tree
removal is not feasible possible. The developer shall employ alternative construction
techniques, including the use low-impact development (LID) techniques, such as
pervious pavement, grade beams, retaining walls, and/or tree wells, to save specimen
and heritage trees where preservation is possible.
(2b) Trees located with their critical root zone/dripline area (depending on tree size and
species) in such close proximity to buildings, driveways, sidewalks, or accessory
structures that they prevent the property development of the lot or parcel.
(3) Trees that are determined to be a danger to an existing structure or for which the
thresholds for limited development within the critical root zone (as defined in Section
30-31) are exceeded.
(4) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries,
which pose a threat to the welfare of the general public as determined by an arborist,
landscape architect or certified nursery professional. The permit fee will be waived in
these cases.
(5) Tree removal activities authorized and preempted by state or federal law, which
include, but are not limited to:
1. Removal of trees on trees on residential property which pose danger to persons or
property in accordance with Section 163.045, F.S., for which no replacement tree will be
required.
2. Removal of trees by an electric utility to clear trees away from power lines in order to
ensure the safe transmission of electricity to customers, as provided by Florida Statutes
and Electric Tariff Rules, including the preemption under Section 163.3209.
(b) Sufficient evidence in the form a written statement must be provided to the Administrator to
substantiate justify the need for any tree removal.
CRZ:
(d) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries, which
cases.
(ec) If after consideration of the above criteria, tree removal cannot be avoided, the
Administrator is authorized to grant reduction to the setback regulations applicable, for all
non-single-family residential uses, up to twenty-five (25) percent of the required setback in
order to avoid the removal of the protected tree. However, no setback shall be reduced to
less than the required fire separation for the proposed structures of the proposed.

Page 241 of 376
(d) Shredding, chipping and/or off-site wood logging is desirable. On-site burning of removed
vegetation is prohibited.
(e) Heritage trees may only be removed if approved by the Board of Adjustment and
Appeals, utilizing the following in their consideration of the request to remove such trees:
(1) The impact of the proposed development on the impacted tree(s), as shown by a survey
or scale drawing of the subject property accurately depicting the location of the tree,
including the critical root zone.
(3) Whether a reduction of required setbacks, buffers, road width or other code requirement,
as approved by the Administrator would be sufficient to preserve the heritage tree(s);
techniques such as pervious pavement, grade beams, retaining walls, and/or tree wells, can
be utilized to preserve the tree;
(5) Whether the tree is dead, diseased or weakened by age, storms, fire or other natural
injuries, as determined by an evaluation of a certified arborist or a Florida licensed
landscape architect (in such case, the fee for the TEC review shall be waived);
(6) The tree is deemed to be hazardous to persons or property, as determined by an
evaluation of a certified arborist or a Florida licensed landscape architect;
(7) The tree will interfere with utilities that cannot feasibly be relocated;
(8) Other site specific conditions.
(9) Any appeal to the decision of the Titusville Environmental Commission shall be heard by
the City Council. Any applicant that is aggrieved by the decision of the Titusville
Environmental Commission may file a written appeal within thirty (30) days after the decision
in dispute, accompanied by the appropriate fee. Appeals shall be filed with the City and
shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The
City Manager shall schedule the appeal for the consideration of the City Council within sixty
(60) days of receipt of the appeal.
(f) Specimen trees may only be removed if approved by the Administrator, after a site visit
and report by the city arborist. The Administrator shall consider the following factors in deciding
whether to grant or deny the application to remove a specimen tree.
including the critical root zone;
(2) Whether the project can be reasonably reconfigured to preserve the specimen tree(s).
Reasonably reconfigured includes altering the proposed placement, orientation, or
height of any building or structure; and relocating roads, ponds or vehicle
accommodation areas.
(3) Whether a reduction of required setbacks of the project or vehicle accommodation areas
including required parking areas, as approved by council, would be sufficient to preserve
the specimen tree(s);
(4) Whether alternative construction methods can be utilized to preserve the tree;
(5) The cost of utilizing any alternative construction methods and the reduction in use and
value of the proposed project necessary to save the tree

Page 242 of 376
landscape architect.
(7) The tree is deemed to be hazardous to persons or property as determined by an
evaluation of a certified arborist or Florida licensed landscape architect.
(8) The tree will interfere with utilities that cannot feasibly be relocated.
(9) If the tree is denying all reasonable use of the parcel.
(10) Other site-specific conditions, as determined by the administrator.
(11) Whether the placement or quantity of fill can be adjusted to save the specimen
tree. Strategies for adjusting fill include, but are not limited to, the use of low impact
development design features and the use of tree wells around the tree.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-33 “Relocation or replacement
of trees” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
removed or replace the tree being removed with a tree of similar type elsewhere on the site
which shall be a minimum of two and one-half (2.51) inch caliper as measured at a height of
four and one-half (4½) feet above ground (dbh) provided the site can reasonably support
the relocation or replacement as determined by the Administrator. Replacement trees shall
have a healthy root system and a minimum grade of Florida #1.
approved by the City prior to being used for any relocation of trees on the property.
(c) All relocation areas shall be permanently protected in a recorded plat condition, or
declaration of covenants recorded in the official records of the City of TitusvilleBrevard
County, Florida, or with sufficient protective language, as noted on the approved landscape
site plan, which shall be noted as a condition of approval, in property records maintained by
the City of Titusville.
(d) No new overstory tree shall be planted within the drip line of an existing tree being
preserved.
(e) The City may not require a property owner to replant a tree that was pruned, trimmed, or
removed in accordance with Section 163.045, F.S., as may be amended.
(f) Replanting and/or mitigation of trees removed by an electric utility to clear trees away from
power lines, as provided by Florida Statutes and Electric Tariff Rules shall be consistent
with the provisions of Section 163.3209, F.S., as may be amended.
(g ) The minimum total planting area in Tree Preservation Areas and Planted Tree Canopy
Areas is based on the size of trees. Furthermore, in order to receive mitigation credit, the
minimum tree planting spacing requirements shall be met.

July 7, 2021 Page 10 of 18
Page 243 of 376
(1) For small trees, average maximum height of ten (10) feet but less than twenty-five (25)
feet, the total planting area is a minimum of one-hundred (100) square feet and a
minimum of ten (10) feet apart.
(2) For medium trees, average maximum height of twenty-five (25) feet but less than forty
(40) feet, the total planting area is a minimum of two hundred twenty-five (225) square
feet and a minimum of fifteen (15) feet apart.
(3) For large trees, average maximum height exceeding forty (40) feet, the total planting
area is a minimum of four hundred (400) square feet and twenty (20) feet apart.
(4) Trees may be positioned within the planting areas to achieve tree clusters.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-34 “Mitigation Plan”
of the Land Development Regulations of the City of Titusville is hereby amended to read as
follows:
Sec. 30-34. -– Mitigation Plan and Incentives to Preserve Trees and Reduce Mitigation.
(a) As a condition of granting a permit, the applicant is required to prepare a Mitigation Plan for
all major trees (measuring twenty (20) inches dbh or more) which providing for replacement
of protected trees are designated for removal. Said plan shall provide for a two-to-one
replacement based on tree caliper (i.e. if a twenty-two-inch dbh tree is being removed a
total of forty-four (44) inches dbh shall to be replanted on the site). as provided below.
(1) Significant tree – thirty-three percent (33%) mitigation replacement based on trunk dbh
(2) Specimen tree – one hundred percent (100%) mitigation replacement based on trunk
dbh
(3) Heritage tree – two-hundred percent (200%) mitigation replacement based on trunk dbh,
(b) All replacement mitigation trees shall be depicted on the mitigation plan with identification of
the type of tree. Replacement/mitigation trees shall be a native species of a similar type to
those removed, i.e. coniferous trees shall be replaced with coniferous trees. The
replacement/mitigation tree plantings shall be in addition to any landscape planting required
by the City Code.
(c) The mitigation plan shall include designation of any proposed relocation area(s).
(d) Mitigation plantings are permitted within preserved and planted canopy areas. Caliper
inches planted above the minimum size for canopy areas and required landscape areas
may be credited toward mitigation planting requirements.
(d) The mitigation plan shall include a list of all protected trees proposed for removal and a list
of all protected trees to be preserved.
(e) Alternatively, the applicant may in lieu of replanting, as set forth in Section 30-35 (a)
preserve native vegetation on the site consisting of at least one hundred (100) square feet
per tree caliper inch lost mitigation inch required. The preservation of native vegetation shall
be in addition to any preservation areas or landscaping required by the Titusville LDRs, with
the exception of preserved wetlands and natural buffer areas which may be counted as part
of preserved area credited toward mitigation. This mitigation credit shall not be given for
preserved or planted tree canopy areas. Native vegetation preservation credit may be
allowed in preserved forested wetlands up to 100% of the total required mitigation inches.

July 7, 2021 Page 11 of 18
Page 244 of 376
The mitigation plan shall include designation of proposed areas to be preserved and
specifications of the kind of existing vegetation in such areas.
(f) As a last resort for sites which cannot accommodate the plantings required by the Mitigation
Plan this section (as determined by the Administrator), the applicant shall contribute to the
City's Public Landscaping Trust Fund an amount equal to the following one hundred dollars
($100.00) per net caliper-inch lost mitigation dbh inch:
(1) Significant trees - $50.00
(2) Specimen trees - $100.00
(3) Heritage trees - $200.00
. This provision can be reduced to seventy-five dollars ($75.00) per a net caliper-inch lost when
the trees are logged, in lieu of burning.
(b) When mitigation trees are removed to address requirements established by floodplain
compensatory storage regulations (Section 30-103(f)(3)), the mitigation criteria for that
(1) The replacement ratio shall be one-to-one replacement based on tree caliper.
(2) The contribution to the City's Public Landscape Trust Fund shall be an amount equal to
one hundred dollars ($100.00) per net caliper-inch lost.
(gc) The provision of payment into the City's Public Landscaping Trust Fund shall not be eligible
for a variance before the Board of Adjustment and Appeals.
(hd) Appeals. Appeals of the Administrator's determination as to the practicality of installing
required payment as stipulated by Section 30-35 (f) into the City's Public Landscaping Trust
Fund.
(i) Incentives to preserve trees and reduce mitigation are shown below.
(1) Incentive 1. Developments satisfying all requirements for minimum preserved canopy
and total canopy are exempt from further mitigation for significant trees that are
removed. On developments where this is achieved, a tree survey of significant trees is
not required outside of the total canopy area.
(2) Incentive 2. If site plan or subdivision plan provides for a total canopy area increase of
5% of the site in accordance with the table below, then no further tree mitigation or
payment in lieu of mitigation is required, with the exception of Heritage Trees which still
require mitigation
Total Canopy
Residential 35% or greater
Commercial 30% or greater
Industrial 20% or greater

July 7, 2021 Page 12 of 18
Page 245 of 376

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-35 “Exceptions” of
follows:
Sec. 30-35. - Exceptions.
(a) Emergency conditions. The City Manager or his designated representative may waive all or
part of these requirements in the event of natural disaster such as hurricanes, tornados,
floods, or hard freezes.
(b) Licensed plant and tree nurseries shall be exempt from the terms and provisions of this
article when trees planted or growing on the premises of said licensee are so planted and
growing for the sale to the general public in the ordinary course of business.
(c) Persons donating trees to a public body for transplanting on public property shall be exempt
from the payment of fees for obtaining the required permit when said trees are accepted by
the public body.
(d) Nuisance trees shall be removed; and a permit is not required. A list of nuisance trees can
be found Section 2.3 of the Tree Protection/Removal of the Environmental Technical
Manualshall be those identified by the Florida Exotic Pest Plant Council.

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-39 “Tree removal, permit
required” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
through damaging any tree with a trunk diameter of six (6) four (4) inches or more, said
diameter being measured four and one-half (4½) feet above ground level prior to the
issuance of a permit by the City of Titusville.
(b) Diameter breast height (DBHdbh) is the a measurement of the tree's diameter made by a
tree professionals or Registered Land Surveyor, taken at breast or chest height. This
diameter is measured over the outside bark using a diameter tape at the point "breast
height." Breast height is specifically defined as a point around the trunk at four and one-half
(4.5) feet (1.37 meters in metric using countries) above the forest floor on the uphill side of
the tree. For the purposes of determining breast height, the forest floor includes the duff
layer that may be present, but does not include unincorporated woody debris that may rise
above the ground line.

July 7, 2021 Page 13 of 18
Page 246 of 376

“Trees and Vegetation (Preservation and Mitigation)”, Section 30-40 “Tree survey required
before permit” of the Land Development Regulations of the City of Titusville is hereby amended
to read as follows:
(a) Before obtaining a clearing and grubbing permit, building permit, sketch plat, preliminary
plat approval or site plan approval, in addition to other requirements set out in these
regulations all applicants shall submit a survey provided by a registered land surveyor,
landscape architect or certified nursery professional detailing the following information
shown below.:
(b) As a condition of granting a permit, the developer shall work with staff to adjust the
proposed layout to achieve greater preservation of healthy native trees. The developer shall
be required to consider, and where possible, implement the recommendations of staff
regarding the redesign of the site and utilize low impact development methods to preserve
such trees.
(c) Tree survey requirements
(1) The tree and vegetation survey requirements as described below supersede all other
provisions for tree surveys found in the City land development code and technical
manuals.
(2) For all sites the applicant shall provide the following:
(a) A survey of trees and a sampling of understory vegetation prepared by a Florida
Licensed surveyor that lists the tree species, dbh, and quantity of each tree
species with fourteen (14) inch dbh and larger. For areas to be preserved for
mitigation credit or areas preserved to meet minimum tree canopy requirements,
the tree survey shall also include all trees six (6) inch dbh and larger. Smaller size
trees may be shown in order to meet landscape planting requirements. A general
description of the understory species and coverage shall be provided.
(b) The survey shall also include a sampling of vegetation that is representative of the
species diversity and distribution throughout the interior of the site as follows: 100
feet by 100 feet sample areas at the rate of one (1) sample area per three (3)
acres. An inventory in each sample area shall list all trees six (6) inch dbh and
larger, and show their species, quantity, and dbh. The City reserves the right to
request additional sample areas based on site conditions.
(a) The location of trees six (6) inches or more in trunk diameter;
(b) Designation of trees proposed to be removed, retained or replaced due to
buildings, roads, sidewalks, manmade structures or improvements;
(c) Designation of such trees considered diseased or hazardous to buildings,
pavement, utilities or other proposed improvements; and
(1) An aerial photograph of the subject property which indicates where the streets and
utilities are planned and which trees are proposed to be removed.

July 7, 2021 Page 14 of 18
Page 247 of 376
proposed layout. All trees twelve (12) inches dbh and greater, proposed to be removed
shall be flagged or painted in the field.
(3) The location of all mitigation size trees as located by a registered land surveyor,
landscape architect or certified nursery professional.
(4) The location of trees six (6) inches or greater in buffer areas or twenty (20) feet from
property lines.
(6) Whenever possible, shredding, chipping and/or off-site wood logging is desirable
alternative to burning. In electing this option, a twenty-five (25) percent credit will be
given towards required tree mitigation and/or contribution to the City's Public
Landscaping Trust Fund.
(7) The developer agrees to work with staff and adjust the proposed layout to preserve
more trees and specifically to preserve mitigation size trees.

10 “Landscaping”, Subdivision 2, Section 30-324 “Landscape” of the Land Development
(1) All single-family residential lots or developments lessshall preserve an area of
approved low and moderate tolerant water usage mixed vegetation (native trees and
shrubs are preferred) equal to at least ten (10) percent of the total lot or development
area. In the event there is no approved low and moderate tolerant water usage mixed
vegetation on a lot or development, the applicant shall be required to establish an area
of approved low and moderate tolerant water usage mixed vegetation equal to ten (10)
percent of the lot or development. Required landscaping may be credited as
(b) Commercial development:
(1) Ten (10) percent of the required landscape area for a commercial development shall
utilize low and moderate tolerant water usage mixed vegetation (native trees and
shrubs are preferred). The City can supply the applicant with a list of approved mixed
low and moderate tolerant water usage vegetation upon request (see Landscape
Technical Manual).
(1) Ten (10) percent of the required landscape area for an industrial development shall
Technical Manual).

July 7, 2021 Page 15 of 18
Page 248 of 376
rights-of-way.
[(d)] [Reserved.]

Preserved tree
caliper vegetation

caliper vegetation
tree.

10 “Landscaping”, Subdivision 3 “Landscape Yard (Buffer/Screen), Section 30-334 “Reduction
in required landscape yards” of the Land Development Regulations of the City of Titusville is
hereby amended to read as follows:

July 7, 2021 Page 16 of 18
Page 249 of 376
Sec. 30-334. - Reduction in required landscape yards.

(a) The administrator is authorized to grant reduction to the width of a required landscape buffer
in order to avoid the removal of a protected tree. The protected tree shall be designated for
preservation on the site plan and/or within a preservation area.
(b) Any landscape areas reduced in size shall be offset by an equal amount in another area of
the site.

10 “Landscaping”, Subdivision 3, Landscape Yard (Buffer/Screen), Section 30-338 “Natural
buffer yards” of the Land Development Regulations of the City of Titusville is hereby amended
to read as follows:
Sec. 30-338. - Natural buffer yards.
Existing vegetation natural buffer yards with native vegetation shall be preserved. In cases
where a significant change of grade would result in removal of vegetation, the Administrator
may grant a waiver to this provision. Natural buffer yards may count toward preserved canopy
requirements provided in Sec. 30-31.5, Canopy requirements. Existing vegetation may be used
to meet any of the buffer yard requirements if the criteria of the required landscape yard type
table are met. The applicant shall retain as much of the existing native vegetation towards the
buffer or landscape yard requirement.
Section 12. GRANDFATHER PROVISION. All lawful existing development shall be

entitled to complete development that has been previously authorized and the City recognizes
the right of any person to complete the following development in compliance with the former
regulations:
(a) Building permits approved as of the effective date of this ordinance, which remains valid
consistent with the Florida Building Code and requirements of this Code.
(b) Development that has received final plat approval, site plan approval, preliminary plat
approval which remains valid consistent with all Code requirements.
(c) Development that has on file with the City a completed application for a building permit, site
plan, preliminary plat or final plat, including acceptance of all required exhibits and payment
of all applicable fees and the application continues to remain active and processed
consistent with the requirements of the Code. No outside agency permits area are required
to comply with this grandfathering provision.
(d) Development that has received sketch plat approval shall not be required to comply with the
new regulations to the extent applicable to the sketch plat process, but shall comply with
the regulations set forth herein beyond sketch plat approval unless the development meets
guidelines for grandfathering under this ordinance.
(e)(d) The City may recognize other applications for vested rights consistent with Chapter 34
Procedures, Division 3 Vested Rights Determination, of this Code.
Any person who has a right to complete said development and has secured a building
permit, final plat approval, final site plan approval or preliminary plat approval as provided above
shall lose its right to complete said development if said development does not maintain a current
building permit, or current site plan or development approval as provided for by the Code of

July 7, 2021 Page 17 of 18
Page 250 of 376
Ordinances of the City. Once a development has lost its current approval, then in that event,
future development shall comply with applicable regulations.
Section 13: SEVERABILITY. If any provisions of this Ordinance are for any reason
Section 14: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

Section 15 EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
Section 16: INCORPORATION INTO CODE. This ordinance shall be incorporated into
the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing.
made.
____________________________
ATTEST:
__________________________

July 7, 2021 Page 18 of 18
Page 251 of 376
Page 252 of 376
Page 253 of 376
Page 254 of 376
Page 255 of 376
Page 256 of 376

LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR STANDARDS
FOR DESIGNATION OF SIGNIFICANT TREES, SPECIMEN TREES AND
HERITAGE TREES; REQUIREMENTS FOR TREE REMOVAL PERMITS,
TREE SURVEYS, TREE MITIGATION, AND PROTECTION OF TREES
DURING CONSTRUCTION; AND DESIGNATING TREE CANOPY
REQUIREMENTS, BY AMENDING CHAPTER 30 “DEVELOPMENT
STANDARDS” SPECIFICALLY AMENDING SECTIONS 30-31 “INTENT”, 30-
32 “CRITERIA FOR REMOVAL”, 30-33 “RELOCATION OR REPLACEMENT
OF TREES”, 30-34 “MITIGATION PLAN”, 30-39 “TREE REMOVAL, PERMIT
REQUIRED” AND 30-40 “TREE SURVEY REQUIRED BEFORE PERMIT”, 30-
324 “LANDSCAPE”; AND AMENDING CHAPTER 34 “PROCEDURES”, BY
SPECIFICALLY AMENDING SECTION 34-55 “MASTER PLAN SUBMITTAL”;
PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES, EFFECTIVE DATE, GRANDFATHER PROVISION, AND
and
WHEREAS, the University of Florida Institute of Food and Agricultural Sciences (IFAS),
California Berkeley College of Natural Resources, and International Society of Arboriculture
(ISA) defines critical root zone (CRZ) as an area equal to 1-foot radius from the base of the
tree’s trunk for each 1-inch diameter at breast height (dbh); and
(Landscape and Urban Planning 190 (2019) 103630) , and
WHEREAS, the Nicholas Institute for Environmental Policy and Solutions for the Urban
and Community Forestry Program of the North Carolina Forest Service and the North Carolina
Wildlife Resources Commission developed a guide to local tree protection ordinance creation
that states that “What constitutes a protected or regulated tree(s) within a Tree Protection
Tree Protection Ordinance

TEC Recommendation April 14, 2021 Page 1 of 15
Page 257 of 376

ordinance should be determined by each community, based on the local species, development
pressures, history and character of the community”, and
recommendations regarding strengthening tree protection and mitigation policies; and
the Titusville Environmental Commission during its review of this ordinance; and
WHEREAS, the City Council desires to strengthen tree protection while protecting
property rights, and approves these amendments as in the best interests of the citizens of
Titusville; and
SECTION 1: That Chapter 30, “Development Standards” Article II. “Environmental”,

Land Development Regulations of the City of Titusville is hereby amended to reads as follows:
Sec. 30-31. -– Intent and definitions
Intent. This article is intended to improve and protect the environment, character and value of
surrounding properties. The provision of landscaping and the retention of natural plant growth
reduces erosion, provides natural water retention and filtration, provides shade, buffers
incompatible uses, aids in urban temperature control and improves the aesthetic quality of a
community, thereby promoting the public health, safety and general welfare.
(a) Protected trees are designated as follows:
(1) Significant tree – a native or IFAS-designated Florida-friendly tree with equal to or
greater than six (6) inch dbh, but less than twenty (20) inch dbh
(2) Specimen tree – a native or IFAS-designated Florida-friendly tree with equal to or
greater than twenty (20) inch dbh, but less than thirty-two (32) inch dbh
(3) Heritage tree – a native or IFAS-designated Florida-friendly tree WITH equal to or
greater than thirty-two (32) inch dbh
(b) Critical root zone (CRZ). In general, determination of a CRZ is as shown below. .:
(3) The calculation gives the diameter radius of the CRZ centered on the tree. For example,
a twenty-five-inch diameter tree would have a twenty-five-foot diameter radius CRZ.
(4) The Administrator reserves the right to determine a different CRZ for individual trees
based upon site specific conditions to ensure viability of the tree within site specific
development constraints.
(c) A tree tract is a separate tract of land that is specifically set aside within a development for
the purpose of preserving and planting trees. Tree tracts are not contained within a
residential lot of a subdivision. The purpose of these areas for preserving and planting
trees is stated on the face of the plat with sufficient language to ensure legal protection.
(d) A tree preservation easement is an easement within a property for the purpose of
preserving and planting trees. This purpose is stated on the face of the deed with sufficient
language to ensure legal protection.
Page 258 of 376

(f) Canopy coverage means the aerial extent of ground within the dripline of the tree.
(g) An area of tree canopy is an area of at least 75% existing tree canopy coverage and/or
expected tree canopy coverage within five (5) years of planting. Undisturbed vegetated
understory in excess of an average of twenty-four (24) inches in height associated with
existing trees shall be considered as part of an area of tree canopy. Areas of tree canopy
may contain passive recreation areas, boardwalks, trails, decks and paths as long as these
areas are pervious and will not cause damage to critical root zone of any tree.
(h) Area of Alteration is the total site area less than area which will not be altered as
determined by the applicant. Land to be excluded from the Area of Alteration may be
wetlands, drainage or utility easements, or any other land which will not be altered. Only
land included within the Area of Alteration may be considered part of the Tree Protection
Areas, or receive any credit for preserved tree canopy.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-32 “Criteria for
removal” of the Land Development Regulations of the City of Titusville is hereby amended to
read as follows:
(a) Except for specimen and heritage trees, a tree located in a portion of a lot or parcel in
which a building, driveway, sidewalk, retention area or accessory structure will be
constructed where redesign to avoid tree removal is not feasible.
(b) Trees with their critical root zone in such close proximity to buildings, driveways, sidewalks,
or accessory structures that they prevent the property development of the lot or parcel or is
determined to be a danger to an existing structure. Sufficient evidence must be provided to
the Administrator to substantiate the need for any tree removal.
CRZ:
(cd) Trees, which are dead, diseased or weakened by age, storms, fire or other injuries, which
cases.
(d) Heritage trees may only be removed if approved by the Titusville Environmental
Commission acting as the City’s Tree Board, utilizing the following in their consideration of
the request to remove such trees:
including the critical root zone.

TEC Recommendation April 14,2021 Page 3 of 15
Page 259 of 376

(3) Whether a reduction of required setbacks, buffers, road width or other code requirement,
as approved by the Administrator would be sufficient to preserve the heritage tree(s);
techniques such as pervious pavement, grade beams, retaining walls, and/or tree wells,
can be utilized to preserve the tree;
landscape architect (in such case, the fee for the TEC review shall be waived);
(6) The tree is deemed to be hazardous to persons or property, as determined by an
evaluation of a certified arborist or a Florida licensed landscape architect;
(7) The tree will interfere with utilities that cannot feasibly be relocated;
(8) Other site specific conditions.
(9) Any appeal to the decision of the Titusville Environmental Commission shall be heard by
the City Council. Any applicant that is aggrieved by the decision of the Titusville
Environmental Commission may file a written appeal within thirty (30) days after the
decision in dispute, accompanied by the appropriate fee. Appeals shall be filed with the
City and shall state fully the grounds for the appeal and all facts relied upon by the
petitioner. The City Manager shall schedule the appeal for the consideration of the City
Council within sixty (60) days of receipt of the appeal.
(e) Specimen trees may only be removed if approved by the Administrator, after a site visit and
report by the city arborist. The Administrator shall consider the following factors in deciding
whether to grant or deny the application to remove a specimen tree.
including the critical root zone;
(2) Whether the project can be reasonably reconfigured to preserve the specimen tree(s).
Reasonably reconfigured includes altering the proposed placement, orientation, or
height of any building or structure; and relocating roads, ponds or vehicle
accommodation areas.
(3) Whether a reduction of required setbacks of the project or vehicle accommodation areas
including required parking areas, as approved by council, would be sufficient to preserve
the specimen tree(s);
(4) Whether alternative construction methods can be utilized to preserve the tree;
(5) The cost of utilizing any alternative construction methods and the reduction in use and
value of the proposed project necessary to save the tree
landscape architect.
(7) The tree is deemed to be hazardous to persons or property as determined by an
evaluation of a certified arborist.
(8) The tree will interfere with utilities that cannot feasibly be relocated.
(9) If the tree is denying all reasonable use of the parcel.
Page 260 of 376

(10) Other site-specific conditions, as determined by the administrator.

(11) Whether the placement or quantity of fill can be adjusted to save the specimen
tree. Strategies for adjusting fill include, but are not limited to, the use of low impact
development design features and the use of tree wells around the tree.
(12) The number of specimen and heritage trees proposed for preservation and the
number proposed for removal.
(13) Whether the applicant or developer has worked with staff to adjust the proposed
layout to preserve the specimen tree as promised. Refer to sec. 30-40 (e) (7).
(f e) if after consideration of the above criteria, tree removal cannot be avoided, the
aAdministrator is authorized to grant reduction to the setback regulations applicable, for all non-
single-family residential uses, up to twenty-five (25) percent of the required setback or parking
area requirements in order to avoid the removal of the protected tree. However, no setback shall
be reduced to less than the required fire separation for the proposed structures of the proposed.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-33 “Relocation or
replacement of trees” of the Land Development Regulations of the City of Titusville is hereby
amended to read as follows:
removed or replace the tree being removed with a tree of similar type elsewhere on the site
which shall be a minimum of two and one-half (2.51) inch caliper as measured at a height of
four and one-half (4½) feet above ground (dbh) provided the site can reasonably support
the relocation or replacement as determined by the Administrator. Replacement trees shall
have a healthy unbound root system and a minimum grade of Florida #1.
approved by the CityAdministrator prior to being used for any relocation of trees on the
property.
(c) All relocation areas shall be permanently protected in a recorded plat condition, or
declaration of covenants recorded in the official records of the City of Titusville, or with
sufficient protective language, as noted on the approved landscape plan, which shall be
noted as a condition of approval, in property records maintained by the City of Titusville.
(d) The minimum total planting area in Tree Preservation Areas and Planted Tree Canopy
Areas is based on the size of trees. Furthermore, in order to receive mitigation credit, the
minimum tree planting spacing requirements shall be met.
(1) For small trees, average maximum height of ten (10) feet but less than twenty-five (25)
feet, the total planting area is a minimum of one-hundred (100) square feet and a
minimum of ten (10) feet apart.
(2) For medium trees, average maximum height of twenty-five (25) feet but less than forty
(40) feet, the total planting area is a minimum of two hundred twenty-five (225) square
feet and a minimum of fifteen (15) feet apart.
(3) For large trees, average maximum height exceeding forty (40) feet, the total planting
area is a minimum of four hundred (400) square feet and twenty (20) feet apart.
Page 261 of 376

(4) Trees may be positioned within the planting areas to achieve tree clusters.
SECTION 4: That Chapter 30, “Development Standards” Article II. “Environmental”, Division
2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-34 “Mitigation plan” of the
Sec. 30-34. -– Canopy requirements preservation and Mitigation Plan.
(a) Canopy performance standards for residential development and mixed-use
developments where residential components occupy the largest portion of the acreage
shall be achieved by a combination of preservation and planting as specified below.
Only native trees and IFAS-designated Florida-friendly trees and plants may be counted
towards canopy.
(1) All single-family and multifamily residential lots or developments and
predominantly-residential mixed-use developments shall preserve an area of
approved low and moderate tolerant water usage mixed vegetation (native trees
and shrubs are preferred) tree canopy equal to at least twenty-five (25) ten (10)
percent of the total lot or development area. In the event there is no approved
low and moderate tolerant water usage mixed vegetation existing canopy is less
than twenty-five (25) percent on a lot or development or the canopy is spatially
distributed in a way that precludes preservation in separate tracts as required by
sec. 30-34 (a) (3), the applicant shall be required to establish an area of
approved low and moderate tolerant water usage mixed vegetation equal to ten
(10) percent of the lot or development achieve at least twenty-five (25) percent
canopy through the use of planted trees. Trees within a jurisdictional wetland
boundary shall not count toward the canopy preservation requirement. Trees
within a wetland setback or buffer may be counted toward the canopy
preservation requirement.
(2) All single-family and multi-family residential developments and predominantly-
residential mixed-use developments shall achieve a total of thirty-seven and one-
half (37.5) percent canopy through the preservation requirements stated in sec.
30-34 (a) (1) and through planted trees which will provide significant canopy
within five (5) years after planting.
(3) The area or areas of required canopy in sec. 30-34 (a) (1) and (2) shall be
recorded on the plat as separate tree tracts not part of individual lots, with the
plat language sufficient to afford legal protection. The locations of tree tracts
should be based in part on the distribution and groupings of healthy heritage and
specimen native hardwood trees. At least fifty (50) percent of healthy heritage
native hardwood trees should be incorporated into tree tracts. Placement of tree
tracts within the interior of the development is encouraged. Unless all or almost
all existing canopy is grouped along the property borders, no more than forty (40)
percent of the total tree tract acreage shall be located adjacent to property
boundaries.
(4) The canopy portion of a low impact development stormwater mitigation feature
incorporating trees may be used to satisfy canopy requirements in sec. 30-34 (a)
(1) or (2), as appropriate, provided that the low impact development feature is
identified on the plat as a separate tract, with the plat language sufficient to afford
legal protection.

Page 262 of 376

(5) Three (3) year survival of trees is required. Selection of trees will include survival
of potential future stressful conditions, such as drought, soil fertility, flooding.
Loss of canopy within three (3) years will require replacement.
(b) Canopy performance standards for commercial and industrial development and mixed-use
development where commercial or industrial components occupy the largest portion of the
acreage shall be achieved by a combination of preservation and planting as specified
below. Only native trees and IFAS-designated Florida-friendly trees and plants may be
counted towards canopy.
(1) All commercial and industrial developments and predominantly commercial or
industrial mixed-use developments shall preserve an area of tree canopy equal
to at least twenty-five (25) percent of the development area. In the event existing
canopy is less than twenty-five (25) percent on a development area or the
canopy is spatially distributed in a way that precludes preservation in separate
tracts as required by sec. 30-34 (b) (3), the applicant shall be required to achieve
at least twenty-five (25) percent canopy through the use of planted trees. Trees
within a jurisdictional wetland boundary shall not count toward the canopy
preservation requirement. Trees within a wetland setback or buffer may be
counted toward the canopy preservation requirement.
(2) All commercial and industrial developments, and predominantly commercial or
industrial mixed-use developments shall achieve a total of thirty-seven and one-
half (37.5) percent canopy through the preservation requirements stated in sec.
30-34 (b) (1) and through planted trees.
(3) The area or areas of required canopy in sec. 30-34 (b) (1) and (2) shall be
recorded on the plat as separate tree tracts not part of individual lots or on the
deed as tree preservation easements, with the plat or deed language sufficient to
afford legal protection. The locations of tree tracts or tree preservation
easements should be based in part on the distribution and groupings of healthy
heritage and specimen native hardwood trees. Where site design constraints
permit, at least fifty (50) percent of healthy heritage native hardwood trees should
be incorporated into tree tracts or tree preservation easements. Placement of
tree tracts or tree preservation easements within the interior of the development
is encouraged. Unless all or almost all existing canopy is grouped along the
property borders, no more than fifty (50) percent of the total tree tract or tree
preservation easement acreage should be located adjacent to property
boundaries.
(4) The canopy portion of a low impact development stormwater mitigation feature
incorporating trees may be used to satisfy canopy requirements in sec. 30-34 (b)
(1) and (2), as appropriate, provided that the low impact development feature is
identified on the plat as a separate tract or on the deed as a low impact
development feature, with the plat or deed language sufficient to afford legal
protection.
(5) Three (3) year survival of trees is required. Selection of trees will include survival
of potential future stressful conditions, such as drought, soil fertility, flooding.
Loss of canopy within three (3) years will require replacement.
(c) Determination of Canopy in Tree Protection Areas.
(1) Canopy is the area consisting of a tree’s branches in all directions from its trunk, the
outer edge of which is the dripline.
Page 263 of 376

(2) For preserved trees, the applicant shall demonstrate tree canopy coverage either by
aerial photograph nor more than one (1) year old or by on-the-ground field
measurement.
(3) Undisturbed vegetated upland scrub habitat consisting of, but not limited to, chapman
oak, scrub oak and sand live oak, in excess of an average of thirty-six (36) inches in
height shall be considered preserved canopy.
(4) For planted trees, the canopy coverage shall be credited as twenty-five percent (25%)
of the projected mature canopy coverage as shown in Appendix A, attached. If the
actual canopy determined by the extent of the dripline is greater than twenty-five
percent (25%) of the mature canopy, actual canopy coverage of the particular tree shall
be credited.
(5) Category 1 invasive plant species as listed by the Florida Exotic Pest Plant Council
shall not be counted toward canopy requirements. Category 1 invasive plant species
shall be removed from the Tree Protection Areas.
(6) Tree Protection Areas shall provide a minimum of eighty percent (80%) overall canopy.
The applicant may plant additional trees within the Tree Protection Areas containing
primarily preserved trees as long as the minimum tree spacing requirements are
followed and no new tree is planted within the Critical Root Zone of an existing tree.
(d) Legal Protection for Tree Protection Areas
(1) The site plan and plat shall provide the legal means for ensuring that Tree Protection
Areas are preserved and maintained in the future. Tree Protection Areas shall be
graphically shown on the site plan.
(2) Subdivisions shall provide Tree Protection Areas by designating tree conservation
tracts to be owned and maintained by the homeowner’s association.
(3) Loss of canopy within Tree Protection Areas to a level below the 80% required by
Section 30-31 (e), Determination of Canopy in Tree Protection Areas, shall require
replacement of trees.
(e) Quality Factors in Selecting Tree Protection Areas
(1) The locations of Tree Protection Areas should be based in part on the distribution and
groupings of healthy heritage and specimen native hardwood trees.
(2) At least fifty percent (50%) of all healthy specimen trees thirty-two (32) inches dbh or
greater should be incorporated into Tree Protection Areas.
(3) All healthy heritage trees to be preserved should be incorporated into Tree Protection
Areas.
(4) Placement of Tree Protection Areas within the interior of the development is
encouraged.
(5) Within Tree Protection Areas Containing Preserved Trees, the existing soil shall be
preserved without added fill and the land shall not be graded except as needed only
along a narrow strip on the perimeter for integration with the rest of the development.
The native understory associated with the existing trees shall be preserved to the
greatest extent feasible.
(f) Specific Acceptable Locations of Tree Protection Areas
(1) Tree Protection Areas shall not include portions of individual residential lots.
Page 264 of 376

(2) Tree Protection Areas may include portions of Low Impact Development (LID)
stormwater management features incorporating existing and/or planted trees and
native vegetation, provided the portion of the LID feature considered Tree Protection
Area contains eighty percent (80%) canopy and does not overlap individual residential
lots.
(3) Tree Protection Areas may include areas of planted trees in stormwater retention or
detention areas and other nutrient removal mechanisms provided the portion of the
stormwater management feature considered Tree Protection Area contains eighty
percent (80%) canopy and does not overly individual residential lots.
(4) Tree Protection Areas may be located in code required buffers (minimum twenty (20)
feet wide) and any preservation area or buffers required by zoning, master plan or
planned development approvals.
(5) Trees within a jurisdictional wetland boundary shall not count toward the canopy
preservation requirement. Trees within a wetland setback or buffer may be counted
toward the canopy preservation requirement.
(g) Tree Protection Areas Amenities. Tree Protection Areas may contain passive recreation
areas, boardwalks, trails, decks and paths as long as these areas are pervious and will not
cause damage to the critical root zone of any tree.
(h) Tree Survival Considerations and Requirements
(1) Selection of planted tree species will include consideration of ability to survive potential
future stressful conditions, such as drought, reduction of soil fertility and flooding.
(2) Three (3) year survival of planted trees counted toward the canopy in Tree Protection
Areas is required. Loss of canopy within three (3) years, except those caused by acts
of God, will require replacement of trees.
(3) All tree survival considerations be placed on site plans for commercial and industrial
projects, and in the homeowners documents that area approved by City Council.
(ib) As a condition of granting a permit, the applicant is required to prepare a Mitigation Plan for
all protected major trees (measuring twenty (20) six (6) inches dbh or more) which are
designated for removal.
(lc)Said plan shall provide for a two-to-one replacement based on tree caliper (i.e. if a twenty-
two-inch dbh tree is being removed a total of forty-four (44) inches dbh shall to be
replanted on the site as provided below):
(1) Significant tree – one (1) to one (1) replacement based on trunk dbh
(2) Specimen tree – two (2) to one (1) replacement based on trunk dbh
(1)(3) Heritage tree – three (3) to one (1) replacement based on trunk dbh, if Council
approves removal of the heritage tree
(jd)The mitigation plan shall also include designation of the proposed relocation area(s). All
replacement/mitigation trees shall be depicted with type of tree. Replacement/mitigation
trees shall be a native species of a similar type to those removed, i.e. overstory trees shall
be replaced with overstory trees.
(k) Alternatively, the applicant may in lieu of replanting a tree designated for protection, preserve
native vegetation on the site consisting of at least of one hundred (100) square feet per tree
Page 265 of 376

mitigation caliper-inch lost required. The preservation of native vegetation shall be in

addition to any required landscaping or preservation required by any other regulation
except that such preservation of native vegetation may be part of low impact development
stormwater mitigation features.
(l) As a last resort for sites which cannot accommodate the plantings required by the Mitigation
Plan (as determined by the Administrator), the applicant shall contribute to the City's Public
Landscaping Trust Fund an amount equal to one hundred dollars ($100.00) per weighted
nnet mitigation dbhcaliper-inch lost lost.
Weighted net dbh-inch lost shall be calculated as follows:
6 * heritage-tree-dbh-inches-list + 3 * specimen-tree-inches-lost + significant-tree-
inches-lost – total replacement tree dbh-inches planted
This provision can be reduced to seventy-five dollars ($75.00) per a net mitigation
dbhcaliper-inch lost when the trees are logged, in lieu of burning.
(b) when mitigation trees are removed to address requirements established by floodplain
compensatory storage regulations (section 30-103(f)(3)), the mitigation criteria for that
(1) the replacement ratio shall be one-to-one replacement based on tree caliperdbh.
(2) the contribution to the city's public landscape trust fund shall be an amount equal to one
hundred dollars ($100.00) per net caliper-dbh inch lost.
(mc) The provision of payment into the City's Public Landscaping Trust Fund shall not be
eligible for a variance before the Board of Adjustment and Appeals.
(nd) Appeals. Appeals of the Administrator's determination as to the practicality of installing
required payment into the City's Public Landscaping Trust Fund.

Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-39 “Tree removal,
permit required” of the Land Development Regulations of the City of Titusville is hereby
through damaging any tree with a trunk diameter of four (4) six (6) inches or more, said
diameter being measured four and one-half (4½) feet above ground level.
(b) Diameter breast height (DBHdbh) is the measurement of the tree's diameter made by tree
professionals, taken at breast or chest height. This diameter is measured over the outside
bark using a diameter tape at the point "breast height." Breast height is specifically defined
as a point around the trunk at four and one-half (4.5) feet (1.37 meters in metric using
countries) above the forest floor on the uphill side of the tree. For the purposes of
determining breast height, the forest floor includes the duff layer that may be present, but
does not include unincorporated woody debris that may rise above the ground line.

Page 266 of 376


Division 2 “Trees and Vegetation (Preservation and Mitigation)”, Section 30-40 “Tree survey
required before permit” of the Land Development Regulations of the City of Titusville is hereby
Before obtaining a clearing and grubbing permit, building permit, preliminary plat approval
or site plan approval, in addition to other requirements set out in these regulations all applicants
shall submit a survey provided by a registered land surveyor, landscape architect or certified
nursery professional detailing the following:
(a) The location of trees six (6) inches or greater dbh or more in trunk diameter;
(b) Designation of trees proposed to be removed, retained or replaced due to buildings,
roads, sidewalks, manmade structures or improvements;
(c) Designation of such trees considered diseased or hazardous to buildings, pavement,
utilities or other proposed improvements; and
(1) An aerial photograph of the subject property which indicates where the streets
and utilities are planned and which trees are proposed to be removed.
proposed layout. All trees twelve (12)six (6) inches dbh and greater, proposed to
be removed shall be flagged or painted in the field.
(3) The location of all mitigation size trees, defined as trees six (6) inches or greater
dbh as located by a registered land surveyor, landscape architect or certified
nursery professional.
(4) The location of trees six (6) inches or greater in buffer areas or twenty (20) feet
from property lines.
(6) whenever possible, shredding, chipping and/or off-site wood logging is desirable
alternatives to burning. In electing this option, a twenty-five (25) percent credit will
be given towards required tree mitigation and/or contribution to the city's public
landscaping trust fund. Burning to dispose of site vegetation debris shall be
prohibited.
(7) The developer agrees to work with staff and adjust the proposed layout to
preserve more trees and specifically to preserve mitigation size trees.

Page 267 of 376

SECTION 7: That Chapter 30, “Development Standards” Article III. “Improvements”,

Division 10 “Landscaping”, Subdivision 2 “Landscape Materials” Section 30-324 “Landscape” of
follows:
(1) All single-family and multi-family residential lots or developments and predominantly
residential mixed-use developments shall preserve on site tree canopy as set forth in
sec. 30-34, canopy requirements and mitigation plan an area of approved low and
moderate tolerant water usage mixed vegetation (native trees and shrubs are
preferred) equal to at least ten (10) percent of the total lot or development area. In the
event there is no approved low and moderate tolerant water usage mixed vegetation
on a lot or development, the applicant shall be required to establish an area of
approved low and moderate tolerant water usage mixed vegetation equal to ten (10)
percent of the lot or development. Required landscaping may be credited as
(b) Commercial and industrial development:
(1) All commercial and industrial developments and predominantly commercial or industrial
mixed-use developments shall preserve on site tree canopy as set forth in sec. 30-34,
canopy requirements and mitigation plan Ten (10) percent of the required landscape
area for a commercial development shall utilize low and moderate tolerant water usage
mixed vegetation (native trees and shrubs are preferred). The City can supply the
applicant with a list of approved mixed low and moderate tolerant water usage
vegetation upon request (see Landscape Technical Manual).
(1) Ten (10) percent of the required landscape area for an industrial development shall
Technical Manual).
Page 268 of 376

rights-of-way.
[(d)] [Reserved.]

Preserved tree
caliper vegetation

caliper vegetation
tree.
SECTION 8: That Chapter 34, “Procedures” Article II. “Legislative and Quasi-judicial”,
Division 3 “Master Plans”, Section 34-55 “Master Plan submittal” of the Land Development
Sec. 34-55. - Master Plan submittal.
(a) Master Plan submittal. A Master Plan is required for determination as to the internal
relationship between uses, activities proposed and their supporting systems and facilities.
The Master Plan shall also address the relation to surrounding uses, activities, systems and
facilities. The Master Plan shall, at a minimum, contain the following information as set forth
in the Development Review Procedures Manual, Section 6.1.
(1) Application and fee;
(2) Name of the proposed development, name or names of the developers, name of
owner, architect, landscape architect, surveyor, engineer and/or land planner;
(3) Location map, showing the relationship of the proposed development to the existing
and any proposed streets, and any other property owned by the sub-divider in that
vicinity.

Page 269 of 376

(4) Survey of the parcel showing boundaries, total acreage, parcel numbers, legal
description and all encumbrances such as easements, rights-of-way, etc.
(5) Site data including parcel size, current zoning and future land use classification, lands
to be dedicated to public use, proposed easements, rights-of-way.
(6) Existing site characteristics including general information on site conditions and
characteristics including adjacent developments, wooded areas, location of
majorsurvey of all trees equal to or larger than six (6) inches dbh, existing utilities,
ditches, swales, wetlands and water bodies, flood zoned, topography, soils types, and
areas of critical concern. Note any variances or conditional use permits that have been
granted for the site.
(7) Proposed plan illustrating streets, lots, and other features such as common areas,
retention areas, parks, etc. Street layouts shall indicate the type of street and proposed
rights-of-way. Lot layouts shall identify the proposed number of lots and proposed lot
sizes.
(8) The general layout of water, sewer and storm water systems including proposed
connections for water and sewer and the legal positive outfall location for the storm
water management system. Summary should include estimate of water allocation
permit quantities (total average daily water demand - gallons).
(9) Mitigation plan for all trees measuring six (6) inches dbh or more, as required by sec.
30-34 (c).
(10 9) Proposed phasing, if any, with projected build-out date.
(11 10) An analysis of the proposed project relative to the City's concurrency
management standards.
(12 11) Development plan identifying the location and acreage of each component and
district of the project, including the location and placement of proposed land uses by
type and density.
(13 12) Additional submittal requirements as set forth per the Development Review
Procedures Manual.
(14 13) Evidence of a community engagement meeting as outlined in Section 34-13,
Community Engagement is required prior to the item being advertised for the first
public meeting conducted by the City.
SECTION 9: SEVERABILITY. If any provisions of this Ordinance are for any reason
SECTION 10: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

SECTION 11: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon
Page 270 of 376

SECTION 12. GRANDFATHER PROVISION. All lawful existing development to the

extent of any conflict with these regulations shall be entitled to be continued as provided for in
Chapter 34 Procedures, Article VII Nonconforming Uses, Structures/Vested Rights of the Land
Development Regulations. The City hereby recognizes the right of any person to complete the
following development:
(a) Development that has received a building permit as of the effective date of this
ordinance so long as the applicant is continuously working toward completion
consistent with the Florida Building Code and Chapter 6-64 of this Code.
(b) Development that has received final plat approval as of the effective date of this
ordinance.
(c) Development that has received approval of a preliminary plat or final site plan,
provided said development has secured a permit to construct all of said development
contained herein and is continuing said development in good faith.
(d) The City may recognize other applications for vested rights consistent with Chapter
34 Procedures, Division 3 Vested Rights Determination, of this Code.
Tree surveys submitted and approved before the effective date of this ordinance shall satisfy the
tree survey requirement specified in this ordinance.
SECTION 13: INCORPORATION INTO CODE. This ordinance shall be incorporated

into the City of Titusville Code of Ordinances and any section or paragraph, number or letter,
and any heading may be changed or modified as necessary to effectuate the foregoing.
made.
________________________________
ATTEST:
__________________________

Page 271 of 376

Jurisdiction Residential Commercial Industrial

North Port, FL 35% at maturity 35% at maturity 35% at maturity
Brevard County 10% preservation 10% preservation 10% preservation
20% total in area of 20% total in area 20% total in area

alteration of alteration of alteration
16% where contiguous, 16% where 12% where

continuous preservation is contiguous, contiguous,
appropriate continuous continuous
preservation is preservation is
appropriate appropriate
Apopka % based on existing tree % based on % based on
canopy existing tree existing tree
canopy canopy
19% where existing canopy
is 100% 7% where existing 3% where existing
canopy is 100% canopy is 100%
17% where existing canopy
is 60% 7.2% where 3% where existing
existing canopy is canopy is 60%
7.8% where existing canopy 60%
is 20% 1.4% where
3.4% where existing canopy is
existing canopy is 20%
20%
Palm Bay N/A N/A N/A
West Melbourne N/A N/A N/A
Cocoa N/A N/A N/A
Melbourne N/A N/A N/A
Temple Terrace 25% of area 25% of area 25% of area
Collier County - Except in Rural Fringe Mixed 10% native 10% native
Native vegetation Use, single family residents vegetation vegetation
defined as exempt from native preservation if less preservation if
vegetative vegetation retention than 5 acres; 15% less than 5 acres;
community have requirements if more than 5 15% if more than
25% percent or acres 5 acres
more canopy Residential and mixed use –
10% native vegetation
preservation if less than 5
acres, 25% preservation if
greater than 5 acres in
coastal high hazard area
and 15% in non-coastal high
hazard area
Page 272 of 376

St. Cloud Single-family, duplex and Sixty (60) inches Sixty (60) inches
townhome - Sixty (60) inches (measure in dbh) per (measure in dbh) per
(measure in dbh) per acre on acre acre
common tracts and/or right-of-
way
Multi-family - Sixty (60) inches
(measure in dbh) per acre
Lauderhill N/A 18% within two (2) 18% within two (2)
years of planting years of planting
Indian 15% of native vegetation with 15% of native 15% of native
River intact canopy, understory and vegetation with intact vegetation with intact
County ground cover canopy, understory canopy, understory
and ground cover and ground cover
Page 273 of 376

Jurisdiction Minimum Size Criterion
Pensacola 34 inch dbh
Alachua – No Ordinance 30 inch dbh
Brevard County 24 inch dbh
Ormond by the Sea 36 inch dbh
Port Orange 36 inch dbh
West Melbourne 31 inch dbh
Venice 30-inch DBH
North Port 30-inch DBH
Naples 36 inch DBH
Page 274 of 376

Mitigation Costs by Jurisdictions

1. How do mitigation costs compare with those of other jurisdictions?
Staff Response: A comparison of various mitigation approaches as provided below.
Jurisdiction Mitigation Requirements
City of Titusville $100 per caliper inch of tree removed;
$75 per caliper inch when trees logged in
lieu of burning
Proposed $75.00 per mitigation inch
University of Florida campus $250 per replacement tree equivalent
Example: 4-inch tree replaced 2:1 = $500
23 inch tree replaced 4:1 = $1000
City of Jacksonville Based on cost to relocate tree, updated
annually
Ormond by the Sea Protected tree - $163 per tree removed
Specimen and Historic Tree - $27 per 10%
of the cross sectional area (in inches) of the
tree to be removed, 18” oak has 255.4
square inches of cross sectional area X 10%
X $27 = $690
City of Sarasota 4”– 5” DBH replaced with minimum 3” caliper
at ratio of 1:1
16”-30” DBH replaced with minimum 5”
caliper at ratio of 2:1
Over 30” DBH replaced with minimum 7”
caliper at ratio of 3:1
Replacement for construction of a new
residential or remodeled residential dwelling
requires smaller minimum caliper
replacement tree at same ratio
Mitigation required within 1000 foot radius of
removal site
City of Portland, Oregon $325 per inch of tree diameter removed
Town of West Melbourne Arborist of Landscape Architect appraisal
value of 18” DBH or greater tree being
removed minus the value of planted tree to
be placed on site
City of Winter Park $110 per caliper inch DBH
June 20, 2019

Page 1 of 1
Page 275 of 376

COUNCIL DIRECTION ON TREE PROTECTION ORDINANCE
Council Comment – July 16, 2019 Workshop Code/Technical Manual Reference

Per Summary of Action
Balance the environment and housing
Regulation of clear cutting was of tremendous Section 30-34, Ordinance
importance
Prioritize value of native plants, especially in land Section 30-34, Ordinance
clearing
Not getting everything we need at sketch plat Section 11.2, Environmental Protection
process Technical Manual
Would like more information about Village Grove at Previously provided to Council
La Cita
Supported requirement for larger trees in both Section 30-32, Ordinance
mitigation standards and landscaping standards Section 30-33, Ordinance
Section 30-34, Ordinance
Supported untouchables – tree preservation Section 30-32, Ordinance
requirements
“Don’t make tree removal so easy” Section 30-34, Ordinance
Supported balanced approach, comprehensive
look at what we were doing
Sketch plat – may be unsure how to use Section 11.2, Environmental Protection
information required as part of the decision making Technical Manual
process
Protect trees during construction Section 30-37, Ordinance
Section 2.5, Environmental Protection
Technical Manual
Would like a list of required mitigation species
Supported mandatory preservation of Section 30-32, Ordinance
“untouchable” trees
Supported canopy recovery within five (5) years
Concerned about cost of regulations and impact on
housing affordability
Trees should be on the front burner of
consideration when developing
Liked Woody Rice’s ideas of swales instead of Ordinance 40-2019 adopted 11/26/2019
curbs, reducing impervious surface LID Ordinance being developed
Concerned about heritage trees Section 30-32, Ordinance

Concerned about clear cutting (100% removal of Section 30-34, Ordinance
vegetation)
Appeared that 10% of native vegetation was not Section 30-34, Ordinance
being protected
Tree survey should be provided at sketch plat Section 11.2, Environmental Protection
Technical Manual
Wants to see mandatory preservation of heritage Section 30-32, Ordinance
trees; removed has to be approved by Council
More incentives for pervious pavement Ordinance 40-2019 adopted 11/26/2019
Page 1 of 2
Page 276 of 376

October 8, 2019 Council Meeting
Council Motion – October 8, 2019 Code/Technical Manual Reference

Bring the protection of trees more in line with
the tree survey
Include regulations that make sense
Review parking spaces to allow less Ordinance to be developed
pavement Pervious pavement Ordinance 40-2019
adopted 11/26/2019
Include administrative reductions Section 30-32, Ordinance
Increase penalties for removal of a protected Section 30-34, Ordinance
tree Section 31-71, Code of Ordinances
establishes fine not to exceed $250 per day
for each day violation exists
Include more plan developments
Address clearcutting Section 30-34
Motion:
A motion was made to allow Woody Rice an additional two (2) minutes to speak. Member Stoeckel
seconded the motion. The motion carried unanimously.
Mr. Rice recommended to evaluate the ecological and economic benefits of what would be proposed for
the ordinance.
Discussion ensued that included the pros and cons of forming an Ad Hoc Committee. Council made no
decision to form an Ad Hoc Committee.
Based on Council’s discussion and Community Development Director Busacca’s recommendations, staff
would prepare an ordinance to address the following items: bring the protection of trees more in line with
the tree survey; include regulations that made sense; review parking spaces to allow less pavement;
include administrative reductions; increase penalties for removal of a protected tree; include more plan
developments, address clearcutting, etc.
Community Development Director Busacca anticipated staff preparing the ordinance by approximately
January 2020.
In addition, staff would continue to work on the items that were more complicated to change and required
additional research.
Page 2 of 2
Page 277 of 376

Category: 11.
Item: A.
City of Titusville

Subject: American Rescue Plan Act - Farmers Market Memorandum of
Understanding (MOU) with the Greater Titusville Chamber of
Commerce
Recommended Action:
Approval of the Memorandum of Understanding (MOU) for the Greater Titusville Chamber of
Commerce to operate a Farmers Market Token Program to be funded by the American
Rescue Plan Act and authorize the Mayor to execute the agreement.

City Council at their July 13, 2021 meeting unanimously approved the plan for the City to
partner with the Greater Titusville Chamber of Commerce for the Chamber to operate the
farmers market utilizing American Rescue Plan Act funding and directed staff to draft an
agreement with the Chamber to operate the farmers market. A MOU is attached for the City
Council's review and approval.
The CRA reviewed the MOU at their meeting preceding the City Council meeting and their
recommendation will be provided at the City Council meeting.
Alternatives:
1. Approve the MOU and authorize the Mayor to execute the agreement.
2. Approve the MOU with changes and authorize the Mayor to execute the agreement.
3. Do not approve the MOU and provide other direction to staff.
Item Budgeted:
Yes

$52,000 of American Rescue Plan Act funds for the Greater Titusville Chamber of Commerce
Page 278 of 376

to operate the Farmers Market Token Program.
$280,000 of American Rescue Plan Act funds for the City to pay Farmers Market vendors.
Strategic Plan:
No. 1 – Quality of LifeNo. 2 – Efficient and Effective Services

The farmer markets furthers the Quality of Life Goal by providing food for qualified residents
impacted by the pandemic and furthers the Efficient and Effective Services Goal by exploring
opportunities for collaboration, partnerships & coordination with the public, private, and non-
profit entities.
ATTACHMENTS:
City - Chamber Farmer Markets MOU 8/5/2021 Backup
Material
Page 279 of 376

Memorandum of Understanding between

Titusville Area Chamber of Commerce and City of Titusville
to Operate North Brevard Farmer’s Market – Titusville Token Program
This Memorandum of Understanding, (hereinafter referred to as “MOU”) is made and
entered into this ___ day of ___________ 2021, by and between CITY OF TITUSVILLE, a
municipality of the State of Florida, herein called “City,” and TITUSVILLE AREA CHAMBER
OF COMMERCE, a Florida not-for-profit corporation, hereinafter referred to as “Chamber”.
RECITALS
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act
(ARPA) into law which provides over $1.9 trillion in relief to address the continued impact of the
COVID-19 pandemic, specifically to provide $350 billion in emergency funding for eligible state,
local, territorial, and Tribal governments.; and,
WHEREAS, Coronavirus State and Local Fiscal Recovery Funds (CSFRF / CLFRF, or
Fiscal Recovery Funds) provide eligible state, local, territorial, and Tribal governments with a
substantial infusion of resources to meet pandemic response needs and rebuild a stronger, more
equitable economy as the country recovers; and,
WHEREAS, recipients may use these funds to address negative economic impacts caused
by the public health emergency, including economic harms to workers, households, small
businesses, impacted industries, and the public sector; and,
WHEREAS, the City desires, on behalf of the citizens and businesses of the City of
Titusville, Florida, as a recipient of CLFRF, to improve the economy of the City of Titusville
through the granting of funding to support the North Brevard Farmer’s Market with a Token
Program to benefit qualified Titusville residents; and
WHEREAS, the City recognizes that it is a valid municipal public purpose to provide
CLFRF funds toward the achievement of such goals and to utilize the services and resources of
the Chamber of Commerce to provide experienced and knowledgeable staff to assist those
visitors/customers that patronize the North Brevard Farmer’s Market; and
WHEREAS, the Chamber has agreed to provide administrative and support services to
assist in this effort; and
WHEREAS, the Chamber is amenable to undertake the obligations of this agreement at
the request of City under the terms and subject to the conditions herein set forth.
I. Incorporation of Recitals. The recitals above are true and correct and are
incorporated herein as if fully set forth below.
II. Purpose. The purpose of this MOU is to outline a working relationship between
the City and the Chamber for the execution of a North Brevard Farmer’s Market
MOU to Operate North Brevard Farmer’s Market – Titusville Token Program

August 3, 2021 Page 1 of 8
Page 280 of 376
and to provide Farmer’s Market tokens to qualified Titusville residents as set forth
herein.
The North Brevard Farmers Market operates on the second and fourth Friday of
every month from 3:00 to 6:00 PM in downtown Titusville. Vendors are managed
by the County Ag/Ext Office, permitting and support are provided by the Titusville
Area Chamber, and the road closure is handled by City of Titusville. In 2020,
Brevard County utilized CARES Act funding to provide $50 in tokens at their
farmers markets for low-income households that had been negatively impacted
financially by the COVID pandemic. The City of Titusville is interested in
continuing that program for residents of Titusville, Florida utilizing CLFRF dollars
that they have received.
III. Term. August 27, 2021 to December 31, 2021
This MOU would allow for up to eight markets to be held between August 27, 2021
and December 31, 2021 with at least one (1) market being held per month.
This Agreement may be renewed or extended upon written agreement of the parties
and subject to appropriation of funds by the City.
IV. CLFRF Scope of Financial Allocations.
a. Beneficial Amount. Eight (8) markets with an average participation of
estimated 700 beneficiaries per market [8 x 700 x $50] = authorized budget
of two hundred and eighty thousand dollars ($280,000.00). This amount
will be administered by a City employee.
b. Infrastructure Costs. Supplies will be necessary including but not limited
to: tokens, signage, tents, tables and chairs, storage containers, etc.
Infrastructure costs shall not exceed ten thousand dollars ($10,000.00).
Items of a non-consumable nature such as computer equipment will remain
property of the City upon completion of the program.
c. Chamber Employee Wages. The Chamber is responsible for establishing
the compensation rates and benefits of all its employees in conjunction with
the Farmer’s Market. The Chamber is responsible for directly paying its
employees each established pay period and for withholding any appropriate
government prescribed deductions and directly remitting such deductions
in a timely manner to the appropriate government agency. Those
administrative costs shall not exceed forty thousand dollars ($40,000).
d. Data collection/Registration System. Two thousand dollars. ($2,000.00)
V. City Roles and Responsibilities
a. Budget. The total authorized amount for the program is three hundred and
thirty-two thousand dollars ($332,000). This MOU governs the allocation
of fifty-two thousand dollars ($52,000) allocated to the Chamber, as
follows:
b. Payment Schedule. City shall pay the Chamber according to the following
schedule:
i. Initial payment. Upon execution of this agreement, the initial
payment shall include all estimated costs for overhead expenses:

Page 281 of 376
infrastructure, up to ten thousand dollars ($10,000.00), and data

collection registration system, up to two thousand dollars
($2,000.00), for a total of twelve thousand dollars ($12,000.00).
ii. Chamber employee wages, up to forty thousand dollars ($40,000),
shall be reimbursed as follows: Payment shall be reimbursed for all
employee wages at the conclusion of each calendar month. At the
end of each month, the Chamber shall submit to the City an invoice
with the supporting documentation during that month for payment.
iii. At the termination of the program, documentation to substantiate all
overhead expenses shall be turned in to the City. Any surplus funds
shall be returned to the City by January 28, 2022.
c. Third-party Audit. City shall engage a third-party auditor to ensure all
reporting requirement for Fiscal Recovery Funds has been met for this
program. Auditing firm shall ensure reporting requirements are met and that
ARPA funds are utilized in accordance with City Council direction.
VI. Chamber Roles and Responsibilities
a. The Titusville Area Chamber of Commerce is responsible for management
of the market and all tasks related to the event, including but not limited to:
promotion of the market, permitting, preparing token packages, reviewing
registrations, assisting vendors and market customers before, during and
after event to insure success, manning check-in and token distribution, set-
up and tear down, reconciliation and record keeping, providing reports and
updates to the City and County, and any other reasonable duties related to
the market operation. Additional staff will be hired to manage the program.
b. Chamber staff would provide support to the market when needed.
c. Commitment to administering ARPA funds in accordance with all program
requirements, and to work collaboratively with City to further the goals
identified in this agreement.
d. Provide beneficiary eligibility documentation.
e. Immediately report all accidents and incidents to the City’s Risk Manager.
f. Obtain City approval of all promotional exhibits.
g. Comply with the provisions of this MOU.
VII. Additional Terms for Farmer’s Market Operations.
a. 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 participate in a token reconciliation process
at the close of each market, with numbers verified by the vendor and the
organizers. Vendor Payout shall be handled by the City with assistance from
the Chamber staff.
b. Resource Station. In addition to the market vendors, City token program
and the additional SNAP benefit availability, Chamber will partner with 211
and the North Brevard Coalition of Human Services to staff a resource

Page 282 of 376
station at the market. This provides an interface for those seeking assistance
with market tokens to also engage with local agencies and professionals to
help connect them to available resources.
c. Market Staffing. The market is primarily staffed by the UF/Ag Ext office
staff and the Titusville Area Chamber of Commerce. Road closure and
opening shall be coordinated with City of Titusville Public Works. Chamber
Market Staff shall be responsible for event signage and set up, pre-event
assistance with registering for benefits, check-in and verification of
beneficiaries, token distribution, end-of-event settlement with vendors, and
event clean-up/tear down. Payment to Market Vendors will be coordinated
between Chamber and City staff, as the City staff will make all token
reconciliation payments directly to the Vendors.
VIII. Beneficiary Eligibility Criteria. In assessing whether a household or population
experienced economic harm as a result of the pandemic, a recipient may presume
that a household or population that experienced unemployment or increased food
or housing insecurity or is low- or moderate-income experienced negative
economic impacts resulting from the pandemic.
This program provides for one application per residential unit, and address must be
located within the City limits of Titusville, Florida. Titusville residents who can
provide current evidence of:
a. Homelessness or housing insecurity;
b. SNAP benefits or unemployment benefits;
c. Residency within a Titusville, Florida Qualified Census Tract1 (QCT), [a map of
demonstrating Titusville’s QCT is attached as Exhibit “A”] shall be eligible and
qualified to participate in the program; and/or
d. Residents who are at or below the median income for the area, and who certify
they experienced negative economic impacts as a result of the pandemic. Utilizing
the median income for Titusville of $65,900 as provided by Neighborhood Services
and revising the chart as recommended by the Ag/Ext office, the proposed income
levels for households who are eligible to receive benefits at the market is as follows:
ANNUAL HOUSEHOLD INCOME
30% 50% 80% 100% 120%
SIZE OF HOUSEHOLD
1 person $15,300 $25,450 $40,700 $50,875 $61,050

2 persons $17,450 $29,050 $46,500 $58,125 $69,750
3 persons $21,960 $32,700 $52,300 $65,375 $78,450
4 persons $26,500 $36,300 $58,100 $72,625 $87,150
5 persons $31,040 $39,250 $62,750 $78,438 $94,126
6 persons $35,580 $42,150 $67,400 $84,250 $101,100
7 persons $40,120 $45,050 $72,050 $90,062 $108,074
8 persons $44,660 $47,950 $76,700 $95,875 $115,050
1
In assessing the community impact as a result of the pandemic, it is presumed that the
demographic within a QCT experienced negative economic impacts resulting from the pandemic.
Page 283 of 376
Each qualifying residential unit shall receive fifty dollars ($50.00) in tokens for use
at each scheduled North Brevard Farmers Market. The application process shall be
handled electronically with pre-registration required for each scheduled market.
Chamber staff shall review applications and identify duplicates prior to the market
and helps protect against fraud. Anyone requiring assistance with registration will
be directed to the Welcome Center during regular operating hours. Picture ID/proof
of residency is required to receive tokens.
IX. Data Collection/Registration System. Chamber will adopt a digital registration
system that is easily accessible from a mobile phone – making it convenient for our
target audience to register. A digital registration system can help prevent duplicate
registrations from the same address/residential unit. This system would also allow
for communication with registrants with market reminders and other notices.
X. Reporting Requirements and Program Evaluation. Recipient funding is
subject to the requirements and guidelines for eligible uses contained in the
Interim Final Rule issued by Department of Treasury regarding Coronavirus State
and Local Fiscal Recovery Funds. [RIN 1505-AC77]
XI. Independent Contractor. The Chamber is acting in the capacity of an independent
contractor under this agreement and the staff person(s) provided by the Chamber to
staff the Farmer’s Market are Chamber employees, and not employees of the City.
The Chamber shall be solely responsible for compliance with all labor and tax laws
pertaining to the Chamber employees, officers and agents utilized to staff the
Facility and shall indemnify and hold the City harmless from any failure to comply
with such laws. In the event the City provides training, equipment, materials, or
otherwise facilitates the performance of the Chamber employees’ duties, this shall
not affect the Chambers status as an independent contractor.
XII. Termination. This Agreement may be terminated by either party upon ten (10)
days written notice with or without cause. In the event of such termination, the
Chamber shall be compensated for all services rendered prior to the date of
termination.
XIII. Modification. No modification of this Agreement shall be binding on either Party
unless reduced to writing and signed by a duly authorized representative of all
Parties.
XIV. Indemnification. The parties acknowledge that the City is a political subdivision
of the State of Florida and as such, its liability is limited by sovereign immunity.
Nothing in this Agreement alters the waiver of sovereign immunity set forth in
Section 768.28, Florida Statutes, or extends the City’s liability beyond the limits
established in Section 768.28, Florida Statutes. The Chamber agrees to indemnify
and hold the City harmless from and against all liabilities, demands, claims,
demands and suits arising from the negligent acts and omissions of the Chamber or
its agents, officers and employees under this Agreement. To the extent permitted
under Section 768.28(19), Florida Statutes, the City agrees to indemnify and hold
the Chamber harmless from and against all liabilities, demands, claims, demands
and suits arising solely from the City’s negligent acts and omissions under this

Page 284 of 376
Agreement. Nothing in this Agreement shall be construed to require either party to

indemnify the other party for that party’s negligent acts and omissions.
XV. Applicable Law. Each Party hereto agrees to abide by all state, federal and local
laws and regulations in the performance of activities associated with this MOU.
XVI. Attorney’s Fees. In the event of any legal action to enforce the terms of this
contract, each Party shall bear its own attorney’s fees and costs.
XVII. Public Records. To the extent that the Chamber is managing and operating the
Farmer’s Market and acting on behalf of the City, Chamber will comply with the
requirements pursuant to Florida Statutes Section 119.0701, which include the
following:
a. The Chamber will keep and maintain public records that ordinarily and
necessarily would be required by the City in order to perform the service
provided herein.
b. The Chamber will provide the public with access to public records on the
same terms and conditions that the City would provide the records and at a
cost that does not exceed the cost provided in Ch. 119, Florida Statutes, or
as otherwise provided by law.
c. The Chamber will ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed
except as authorized by law.
d. The Chamber will meet all requirements for retaining public records and
transfer, at no cost, to the City all public records in possession of Chamber
upon termination of this Agreement for any reason, and destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. When such records are stored
electronically, Chamber will provide the City all records stored
electronically in a format that is compatible with the City's information
technology systems.
e. IF THE CHAMBER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: Titusville City Clerk’s Office, (321) 567-
3682, wanda.wells@titusville.com, or at Titusville City Hall,
555 South Washington Avenue, Titusville, Florida 32796.
XVIII. Notice. Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended, at the place specified, and the place
for giving of notice shall remain such until it shall have been changed by written
notice in compliance with the provisions of this paragraph. The parties designate
the following as the respective places for giving of notice to-wit:

Page 285 of 376
For Chamber: Titusville Area Chamber of Commerce

Marcia Gaedcke, President
2000 South Washington Avenue
Titusville, Florida 32780
For City: City Manager
City of Titusville
Post Office Box 2806
Titusville, Florida 32781-2806
This MOU becomes legal and binding upon signature of all the parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as approved by City on the day and year first written above.
ATTEST: CITY OF TITUSVILLE
__________________________ __________________________________
Wanda F. Wells, City Clerk Daniel E. Diesel, Mayor
Date: ___________________________ Date: __________________________
ATTEST: TITUSVILLE AREA OF CHAMBER

OF COMMERCE
______________________________ BY: ____________________________

Witness
Date: _____________________________ Date: _____________________

Page 286 of 376
Exhibit “A”
2021 HUD Qualified Census

Tracts, Titusville, Florida

Page 287 of 376
Category: 12.
Item: A.
City of Titusville

Subject: American Rescue Plan Act - Low Income Housing Tax Credit
Development Application Funding Request
Department/Office: Neighborhood Services
Recommended Action:
Provide direction on the allocation of American Rescue Plan Act funds for the proposed Forest
Glen low-income housing tax credit housing project located at 2001 South Street.

On July 13, 2021, City Council approved the Neighborhood Services Department portion of
the City's American Rescue Plan Act (ARPA) grant program. This approval included allocating
$460,000 for affordable housing developments that include a homeless element for set-aside
units.
Subsequent to the aforementioned July 13th meeting, the Neighborhood Services Department
received a request for funding from an affordable housing developer who is applying for the
annual Florida Housing Finance Corporation (FHFC) Low-Income Housing Tax Credit
(LIHTC) program, for the vacant property located at 2001 South Street. The developer, in their
application, is seeking the Local Government Areas of Opportunity Designation and Goal,
which requires a commitment from the City in the form of a grant or loan of $460,000.00 at
application, demonstrating its high level of interest in the project. Although the Local
Government Areas of Opportunity Designation is not a requirement to apply for the tax credit
program, it provides the project a preference for the tax credit funding over non-opportunity
designations. It should be noted that the City is open to accepting applications for projects
through the Florida Housing Finance Corporation (FHFC) Low-Income Housing Tax Credit
(LIHTC) program at any time. Currently, the requested project is the only application which has
been made to City.
The Forest Glen development proposal indicates that the development, when complete, would
consist of ninety (90) units for low-income households making up to 80% of the area median-
income consisting of one, two, and three bedroom options, as well as ten percent (10%) of the
units set-aside for those individuals or families meeting the HUD definition of homeless.
If approved by Council, staff would commit $460,000.00 of the City's ARPA grant funds to this
project, which would preclude staff from entertaining other affordable housing development
Page 288 of 376

projects for funding consideration under the City's current ARPA budgeted program.
However, should the application not be accepted or be funded by the FHFC, the commitment
will become null and void, and the Neighborhood Services Department will advertise the
availability of the funds for the same purpose through the Florida Housing Finance Corporation
(FHFC) Low-Income Housing Tax Credit (LIHTC) program. The applicant is aware that final
approval of these funds will be based upon review by a third party auditor review for compliance
with ARPA guidelines.
Funds committed under this action would not be transferred to the Developer until successful
completion of the project on or before the ARPA expenditure deadline. The funding would be
provided through a local development agreement requiring a minimum of a twenty-year
affordability period (lien) to ensure that the project remains its intended use during that
timeframe. At the end of the twenty-year affordability period, the City would received repayment
in full of its investment, which in turn would be regenerated back into affordable housing
programs.
The Neighborhood Services staff has reviewed the Forest Glen proposal, and finds that it
meets the intent of the current American Rescue Plan Act program guidelines, as well as the
City's housing goals and objectives found in its Community Development Block Grant and
Five-Year Strategic Plan.
Staff is seeking Council's direction on the commitment of its full $460,000.00 ARPA affordable
housing set-aside funds for this project, and authorization for the City Manager to execute the
Florida Housing Finance Corporation Local Government Verification of Contribution- Loan
Form, if approved.
Alternatives:
Approve and authorize commitment of funding as requested
Approve and authorize commitment of funding with additional recommendations or
changes
Do not approve or authorize commitment of funding as requested
Item Budgeted:
Yes

American Rescue Plan Act grant funds
Project S31001
131-5555-583-83.00-S31001
Strategic Plan:
No. 1 – Quality of LifeNo. 4 – Economic DevelopmentNo. 5 – Effective Governance
Page 289 of 376

ATTACHMENTS:
FHFC Local Contribution Loan Form 7/19/2021 Backup
Material
Developer Background and Project Details 7/19/2021 Backup
Material
Forest Glen FHFC Tax Credit Application 7/21/2021 Backup
Material
Forest Glen Project Setup Data 7/19/2021 Backup
Material
Page 290 of 376

Page 291 of 376

Page 292 of 376
Page 293 of 376

Page 294 of 376

Page 295 of 376

Page 296 of 376

Page 297 of 376

Page 298 of 376
Page 299 of 376
Page 300 of 376

Page 301 of 376

Page 302 of 376

Page 303 of 376

Page 304 of 376

Page 305 of 376

Page 306 of 376

Page 307 of 376

Page 308 of 376

Page 309 of 376

Page 310 of 376

Page 311 of 376
Page 312 of 376
Page 313 of 376

Page 314 of 376
Page 315 of 376

Page 316 of 376

Page 317 of 376

Page 318 of 376

Page 319 of 376

Page 320 of 376
Page 321 of 376
Exhibit A to RFA 2021-201- Housing Credit Financing For Affordable Housing Developments Located In
Medium And Small Counties
Unless stated otherwise, all information requested pertains to the Development proposed in this
Application upon completion of the construction or rehabilitation work.
1. Applicant Certification and Acknowledgement form
Provide the Applicant Certification and Acknowledgement form, executed by the Authorized
Principal Representative, as Attachment 1.
2. Demographic Commitment
Select one of the following Demographic Commitments:
Family
3. Applicant, Developer, Management Company, and Contact Person
a. Applicant
(1) Name of Applicant
HTG Forest Glen, LLC
(2) Provide the required documentation to demonstrate that the Applicant is a

legally formed entity qualified to do business in the state of Florida as of the
Application Deadline as Attachment 2.
(3) Non-Profit Applicant qualifications
Does the Applicant or the General Partner or managing member of the

Applicant meet the definition of Non-Profit as set forth in Rule Chapter 67-48,
F.A.C.?
No
If “Yes”, provide the required information for the Non-Profit entity as

Attachment 3.
b. Developer Information
(1) Name of each Developer (including all co-Developers)
HTG Forest Glen Developer, LLC
Click here to enter text.
Page 1 of 18
RFA 2021-201
Page 322 of 376
(2) For each Developer entity listed in question (1) above (that is not a natural
person, Local Government, or Public Housing Authority), provide, as
Attachment 4, the required documentation demonstrating that the Developer is
a legally formed entity qualified to do business in the state of Florida as of the
Application Deadline.
(3) Developer Experience (5 Points)
(a) Required Developer Experience
To be eligible for funding, for each experienced Developer entity,

provide, as Attachment 4, the required prior experience chart for at
least one experienced natural person Principal of that entity.
(b) Developer Experience Withdrawal Disincentive (5 Points)
To receive five points, the Developer Experience Withdrawal

Disincentive criteria outlined in Section Four A.3.b.(3)(b) of the RFA
must be met.
c. Principals Disclosure for the Applicant and for each Developer (5 points)
(1) Eligibility Requirement
To meet the submission requirements, upload the Principals of the Applicant

and Developer(s) Disclosure Form (Form Rev. 05-19) (“Principals Disclosure
Form”) with the Application and Development Cost Pro Forma, as outlined in
Section Three of the RFA identifying the Principals of the Applicant and
Developer(s) as of the Application Deadline.
To meet eligibility requirements, the Principals Disclosure Form must identify,

pursuant to subsections 67-48.002(94), 67-48.0075(8) and 67-48.0075(9), F.A.C.,
the Principals of the Applicant and Developer(s) as of the Application Deadline.
For Housing Credits, the investor limited partner of an Applicant limited

partnership or the investor member of an Applicant limited liability company
must be identified.
(2) Advance Review of Principals Disclosure Form (5 points)
Applicants will receive five points if the uploaded Principal Disclosure Form was
either (a) stamped “Approved” at least 14 Calendar Days prior to the Application
Deadline; or (b) stamped “Received” by the Corporation at least 14 Calendar
Days prior to the Application Deadline AND stamped “Approved” prior to the
Application Deadline.
(3) Priority Designation of Applications
Page 2 of 18
RFA 2021-201
Page 323 of 376
Applicants may submit no more than three Priority I Applications. There is no

limit to the number of Priority II Applications that can be submitted; however,
no Principal can be a Principal of more than three Priority I Applications.
Indicate whether this Application is designated as Priority I or Priority II. If no

selection is made, the Application will be considered a Priority II Application.
Priority I
d. Management Company
(1) Contact Information
First Name: Matthew

Middle Initial: A.
Last Name: Rieger
Management Company: HTG Management, LLC
Street Address: 3225 Aviation Ave, 6th Floor
City: Coconut Grove
State: FL
Zip: 33133
Telephone: 305 860-8188 extension
E-Mail Address: mattr@htgf.com
(2) Provide, as Attachment 5, the required prior experience chart for the
Management Company or a principal of the Management Company reflecting
the required information.
e. Contact Person
(1) Authorized Principal Representative contact information (required)
First Name: Matthew

Middle Initial: A.
Last Name: Rieger
Organization: HTG Forest Glen, LLC
City: Coconut Grove
State: FL
Zip: 33133
E-Mail Address: mattr@htgf.com
(2) Operational Contact Person information (optional)
First Name: Jordan

Middle Initial: Click here to enter text.
Page 3 of 18
RFA 2021-201
Page 324 of 376
Last Name: Tolman

Organization: Housing Trust Group
City: Coconut Grove
State: FL
Zip: 33133
E-Mail Address: operationalcontact@htgf.com
4. General Proposed Development Information
a. Name of the proposed Development
Forest Glen
b. Development Category/Rental Assistance (RA) Level
(1) Select the Development Category
New Construction
(2) The Development Category requirements are outlined in Section Four.
(3) Rental Assistance (RA) Level
If applicable, the Corporation will calculate the Rental Assistance (RA Level)
based on the Development Category Qualification Letter provided as
Attachment 6 and using the criteria described in Section Four.
(4) Development Category Funding Preference
If the Applicant selected the Development Category of Rehabilitation, with or

without Acquisition, does the proposed Development meet the definition of
Preservation as defined in Rule Chapter 67-48.002(92), F.A.C.?
Choose an item.
Note: If an Applicant selects the Development Category of Rehabilitation, with

or without Acquisition, and either (i) does not answer this question or (ii) selects
“Yes” as the answer to this question, the Application will NOT qualify for the
Development Category Funding Preference.
c. Select the Development Type
Garden Apartments
d. Enhanced Structural Systems (“ESS”) Construction Qualifications
Page 4 of 18
RFA 2021-201
Page 325 of 376
Does the proposed Development meet the requirements to be considered Enhanced

Structural Systems Construction as outlined in Section Four A.4.d. of the RFA?
No
e. Combination of Development Categories, Development Types, or ESS/non-ESS

Construction
If the Development utilizes a combination of Development Categories, Development

Types, or ESS/non-ESS Construction, for purposes of the Leveraging Classification
calculation and Total Development Cost Per Unit Limitation calculation, complete the
chart below.
If the Development does not utilize a combination of Development Categories,

Development Types, or ESS/non-ESS Construction, the chart is not required. In that
event, the Leveraging Classification calculation and Total Development Cost Per Unit
Limitation calculation will be made by applying the Development Type, Development
Category and ESS Construction determination to all units in the proposed Development.
New Construction Units Rehabilitation Units

Garden Garden Mid-Rise- Mid-Rise- High- Non-
Measure Non-ESS* ESS* Non-ESS* ESS* Rise* Garden* Garden*
Enter the applicable
number of units 90 0 0 0 0 0 0
* Garden includes all Development Types other than Mid-Rise and High-Rise; Non-Garden includes Development Types of Mid-Rise
with elevator (4 stories, 5 stories, or 6 stories) and High-Rise (7 or more stories); Mid-Rise includes Development Types of Mid-
Rise with elevator (4 stories, 5 stories, or 6 stories); and High-Rise includes Development Type of High-Rise (7 or more stories).
ESS means Enhanced Structural Systems Construction.
5. Location of proposed Development
a. County: Brevard
b. Development Location
(1) Address of Development Site:
2001 South St
(2) City of Development Site*:
Titusville
*If the proposed Development is located in the unincorporated area of a

county, provide that information.
c. Does the proposed Development consist of Scattered Sites?
No
Page 5 of 18
RFA 2021-201
Page 326 of 376
d. Latitude and Longitude Coordinates
(1) Development Location Point
Latitude in decimal degrees, rounded to at least the sixth decimal place
28.607172
Longitude in decimal degrees, rounded to at least the sixth decimal place
-80.825744
(2) If the proposed Development consists of Scattered Sites, for each Scattered Site
that is in addition to the Development Location Point information provided in
(1) above, identify the latitude and longitude coordinate, rounded to at least the
sixth decimal place:
e. Proximity
(1) PHA or RD 515 Proximity Point Boost
(a) Does the proposed Development qualify for the PHA Proximity Point
Boost?
No
If “Yes”, provide the required letter as Attachment 7.
(b) Does the proposed Development qualify for the RD 515 Proximity Point
Boost?
No
If “Yes”, provide the required letter as Attachment 14.
(2) Transit Services
Applicants may select Private Transportation or provide the location

information and distance for one of the remaining four Transit Services on
which to base the Application’s Transit Score.
(a) If the proposed Development will serve the Elderly (ALF or Non-ALF)
Demographic Commitment, does the Applicant commit to provide
Private Transportation?
Choose an item.
(b) Other Transit Services
Page 6 of 18
RFA 2021-201
Page 327 of 376
Distance
(rounded up
Service Latitude Longitude to the nearest
hundredth of
a mile) *
Public Bus Stop 1 28.607983 -80.818192 0.47
Public Bus Stop 2 Latitude Coordinates Longitude Coordinates Distance
Public Bus Stop 3 Latitude Coordinates Longitude Coordinates Distance
Public Bus Transfer

Latitude Coordinates Longitude Coordinates Distance
Stop
Public Bus Rapid

Latitude Coordinates Longitude Coordinates Distance
Transit Stop
SunRail Station,
MetroRail Station, Latitude Coordinates Longitude Coordinates Distance
or TriRail Station
*Distance between the coordinates of the Development Location Point and the
coordinates of the service. The method used to determine the latitude and
longitude coordinates must conform to Rule 5J-17, F.A.C., formerly 61G17-6,
F.A.C. All calculations shall be based on “WGS 84” and be grid distances. The
horizontal positions shall be collected to meet sub-meter accuracy (no
autonomous hand-held GPS units shall be used).
(c) Qualifications for the SunRail Goal
Does the Application qualify for the SunRail Goal as outlined in Section
Four, A.5.e.(5) of the RFA?
No
If “Yes”, state the name of the SunRail Station that is within 0.5 miles of
the Development Location Point.
(3) Community Services
Up to three Community Services may be selected, for a maximum 4 Points for

each service
Distance (rounded
up to the nearest
Service Service Name Service Address
hundredth of a
mile):*
Grocery Save A Lot 120 S Hopkins Ave
Store
1.15
Page 7 of 18
RFA 2021-201
Page 328 of 376
Medical 1785 Garden St

Facility
Dr. Mark S. Storey 0.54
Itani Family 2507 Garden St
Pharmacy 0.73
Pharmacy Titusville, FL 32796
Public
Service Name Service Address Distance
School
*Distance between the coordinates of the Development Location Point and the
coordinates of the service. The method used to determine the latitude and
longitude coordinates must conform to Rule 5J-17, F.A.C., formerly 61G17-6,
F.A.C. All calculations shall be based on “WGS 84” and be grid distances. The
horizontal positions shall be collected to meet sub-meter accuracy (no
autonomous hand-held GPS units shall be used).
f. Mandatory Distance Requirement
Does the proposed Development meet the Mandatory Distance Requirement

automatically?
Yes
If “No”, does the proposed Development and any Development(s) on the List serve the
same demographic commitment category, have one or more of the same Financial
Beneficiaries, and meet at least one of the following criteria: (i) they are contiguous or
divided by a street, and/or (ii) they are divided by a prior phase of the proposed
Development?
Choose an item.
If “Yes”, these properties will be disregarded for purposes of the Mandatory Distance
Requirement. Identify the specific Development(s) on the List to disregard:
The Corporation will determine whether the Mandatory Distance Requirements are met
using the criteria described in Section Four.
g. Racially and Ethnically Concentrated Areas of Poverty (RECAP)
Is any part of the proposed Development located in a RECAP designated area?
No
h. Is the proposed Development eligible for the Local Revitalization Initiative Goal?
No
If “Yes” provide the required information at Attachment 7. The local revitalization plan
must have been adopted on or before January 1, 2021.
6. Number of Units and Buildings
Page 8 of 18
RFA 2021-201
Page 329 of 376
a. Total number of units that will be in the proposed Development upon completion: 90
b. Provide the number of new construction units and rehabilitation units
100% New Construction
If “Combination of new construction and rehabilitation units” is selected, state the

quantity of each type:
Click here to enter text. new construction units
Click here to enter text. rehabilitation units
c. If the Development Category committed to is Rehabilitation, with or without

Acquisition, indicate which of the following applies to the Development site as of
Application Deadline:
Choose an item.
If there are existing occupied units and if the Development is funded, a plan for
relocation of existing tenants will be required to be provided to the Credit Underwriter,
as outlined in Exhibit D.
d. Set-Aside Commitments
(1) Select one of the following minimum set-aside commitments:
Average Income Test
(2) Total Set-Aside Breakdown Chart
(a) Applicants committing to the minimum set-aside commitment of 20

percent of the total units at 50 percent of the Area Median Income or
less or 40 percent of the total units at 60 percent of the Area Median
Income or less must complete the following chart:
Total Set-Aside Breakdown Chart

Percentage of Residential Units AMI Level
Enter Number % At or Below 25%
Page 9 of 18
RFA 2021-201
Page 330 of 376
Total Set-Aside
Enter Number %
Percentage
(b) Applicants committing to the Average Income Test must complete this
chart:
Total Set-Aside Breakdown Chart

Number of Residential
AMI Level
Units
Enter Number At or Below 20%
14 At or Below 30%

44 At or Below 60%
22 At or Below 70%
10 At or Below 80%
Enter Number Market Rate Units
100 %
(Total Set-Aside
Percentage)
Note: The Development Cost Pro Forma includes an Average Income

Test worksheet to assist Applicants in this calculation. If the Total Set-
Aside Breakdown Chart reflects that the Average AMI of all Qualifying
Housing Credit Units exceeds 60 percent, and/or if the number of Set-
Aside Units set aside at 30 percent AMI or less, is not equal to or greater
than the required ELI commitment, and/or the overall Set-Aside
Commitment requirement is not met, the Application will not be eligible
for funding.
e. Unit Mix Chart
(1) Complete the chart below:
Number of Number of Units that

Bedrooms/Bathrooms per Number of Units per are ELI Set-Aside
Unit Bedroom Type Units
1 Bedroom/1 Bathroom 22 4
2 Bedrooms/2 Bathrooms 44 6
3 Bedrooms/2 Bathrooms 24 4
Choose an item. Enter Number Enter Number
Page 10 of 18
RFA 2021-201
Page 331 of 376
(2) Answer the following questions:
(a) How many Zero Bedroom Units are described in the unit mix chart?
(b) How many one-bedroom units are described in the unit mix chart?
22
(c) How many two-bedroom units are described in the unit mix chart?
44
(d) How many three-bedroom units are described in the unit mix chart?
24
(e) How many four-bedroom units are described in the unit mix chart?
f. Number of Buildings
Number of anticipated residential buildings: 4
g. Compliance Period
All Applicants are required to set aside the units for 50 years as further described in
Section Four of the RFA.
7. Readiness to Proceed
a. Site Control
The properly completed and executed Florida Housing Finance Corporation Site Control
Certification form (Form Rev. 08-18) and attachments must be provided as Attachment
8 to demonstrate site control as of Application Deadline.
b. Ability to Proceed documents
(1) Provide the required documentation to demonstrate zoning as Attachment 9.
Page 11 of 18
RFA 2021-201
Page 332 of 376
(2) Provide the required documentation to demonstrate availability of water as

Attachment 10.
(3) Provide the required documentation to demonstrate availability of sewer as

Attachment 11.
8. Construction Features
a. Federal requirements and State Building Code requirements for all Developments are
outlined in Section Four.
b. General feature requirements for all Developments are outlined in Section Four.
c. Accessibility feature requirements for all Developments are outlined in Section Four.
d. Green Building Features:
(1) Green Building feature requirements for all Developments are outlined in
Section Four.
(2) Proposed Developments with the Development Category New Construction or

Redevelopment, with or without Acquisition, must select one of the following
Green Building Certification programs described in Section Four.
ICC 700 National Green Building Standard (NGBS)
(3) Proposed Developments with the Development Category Rehabilitation, with or

without Acquisition, must select enough of the following Green Building
Features so that the total point value of the features selected equals at least 10,
in addition to committing to the required Construction Features listed in Section
Four.
☐ Programmable thermostat in each unit (2 points)

☐ Humidistat in each unit (2 points)
☐ Water Sense certified dual flush toilets in all bathrooms (2 points)
☐ Light colored concrete pavement instead of or on top of asphalt to
reduce the heat-island effect (2 points)
☐ Energy Star certified roof coating (2 points) *
☐ Energy Star certified roofing materials (metal, shingles, thermoplastic
polyolefin (TPO), or tiles) (3 points) *
☐ Eco-friendly cabinets – no added urea formaldehyde and material must
be certified by the Forest Stewardship Council, the Environmental
Stewardship Program, or a certification program endorsed by the
Programme for the Endorsement of Forest Certification (3 points)
Page 12 of 18
RFA 2021-201
Page 333 of 376
☐ Eco-Friendly flooring for entire unit – Carpet and Rug Institute Green
Label certified carpet and pad, FloorScore certified flooring, bamboo,
cork, 80% recycled content tile, and/or natural linoleum (3 points)
☐ High Efficiency HVAC with SEER of at least 16 (2 points) **
☐ Energy efficient windows in each unit (3 points)
o For all Development Types except Mid-Rise and High-Rise:
Energy Star rating for all windows in each unit;
o For Development Type of Mid-Rise and High-Rise:
▪ U-Factor of 0.50 or less and a SHHGC of 0.25 or less
where the fenestration is fixed; and
▪ U-Factor of 0.65 or less and a SHHGC of 0.25 or less
where the fenestration is operable (i.e., the window
opens)
☐ Florida Yards and Neighborhoods certification on all landscaping (2
points)
☐ Install daylight sensors, timers or motion detectors on all outdoor
lighting attached to buildings (2 points)
*The Applicant may choose only one option related to Energy Star certified roofing.
**Applicants who choose high efficiency HVACs must meet the standards listed here,
which exceed the minimum Green Building Features required of all Developments
Section Four A.8. of the RFA.
9. Resident Programs
a. Applicants that select the Family Demographic must commit to provide at least three of
the following resident programs:
☐ After School Program for Children

☒ Adult Literacy
☒ Employment Assistance Program
☐ Family Support Coordinator
☒ Financial Management Program
☐ Homeownership Opportunity Program
b. Developments serving the Elderly (ALF or Non-ALF) Demographic:
(1) Required Resident Programs for all Applicants that select the Elderly
Demographic (ALF or Non-ALF) are outlined in Section Four.
(2) Additional required Resident Programs for all Applicants who select the Elderly
ALF Demographic Commitment are outlined in Section Four.
(3) Applicants that select the Elderly (ALF or Non-ALF) Demographic must commit
to at least three of the following resident programs, in addition to the required
resident programs stated in Section Four:
Page 13 of 18
RFA 2021-201
Page 334 of 376
☐ Adult Literacy
☐ Computer Training
☐ Daily Activities
☐ Assistance with Light Housekeeping, Grocery Shopping and/or Laundry
☐ Resident Assurance Check-In Program
10. Funding
a. Corporation Funding
(1) Competitive Housing Credits
(a) Housing Credit Request Amount (annual amount): $ 1,700,000
The Maximum Housing Credit Request amounts are provided in Section
Four A.10. of the RFA.
(b) Is the proposed Development the first phase of a multiphase
Development?
No
(c) Basis Boost Qualifications
(i) Is the proposed Development a subsequent phase of a

multiphase Development and eligible for the basis boost?
No
If “Yes”, state the Corporation-assigned Application Number for

the Development where the first phase was declared: Click here
to enter text.
(ii) Are any buildings in the proposed Development located in a

SADDA?
No
If “Yes”, provide the SADDA ZCTA Number(s): Click here to enter

text.
(The Applicant should separate multiple SADDA ZCTA Numbers by a comma.)
(iii) Is the proposed Development located in a non-metropolitan

DDA?
No
(iv) Is the proposed Development located in a QCT?
Page 14 of 18
RFA 2021-201
Page 335 of 376
No
If “Yes”, indicate the HUD-designated QCT census tract number:

(v) Are any buildings in the proposed Development located in a

Geographic Areas of Opportunity?
No
If “Yes”, enter the Geographic Areas of Opportunity Census

Tract Number(s): Click here to enter text.
(The Applicant should separate multiple Geographic Areas of Opportunity Census Tract
Numbers by a comma.)
(vi) Does the proposed Development qualify as a Local Government

Areas of Opportunity?
Yes
If “Yes” provided the required information as Attachment 16.
(vii) Does the proposed Development qualify for the Public Housing
Authority Areas of Opportunity basis boost?
No
(d) Geographic Areas of Opportunity / SADDA Goal
Is the proposed Development a Family Development and also eligible to

be considered for the Geographic Areas of Opportunity/SADDA Funding
Goal?
No
If “Yes”, to qualify for the Goal, indicate which of the criteria has been
met for the entire proposed Development site, including any Scattered
Sites:
Choose an item.
(e) The Housing Credit equity proposal must be provided as Attachment 12.
(2) Other Corporation Funding
(a) If a PLP loan has been awarded for this Development, provide the
following information:
Corporation File # Amount of Funding
Page 15 of 18
RFA 2021-201
Page 336 of 376
Click here to enter text $ Click here to enter text
(b) If any other Corporation funds will be incorporated as a source of

financing for the proposed Development, provide the information in the
chart below:
Corporation Program Corporation File No. Amount of Funding

SAIL Enter file No. $ Enter file No.
HOME-Rental Enter file No. $ Enter file No.
MMRB Enter file No. $ Enter file No.
EHCL Enter file No. $ Enter file No.
b. Non-Corporation Funding
(1) If the proposed Development is assisted with funding under the United States
Department of Agriculture RD 515 Program and/or the RD 538 Program,
indicate the applicable program(s) below and provide the required
documentation as Attachment 14 to Exhibit A.
☐ RD 515 ☐ RD 538
(2) Non-Corporation Funding Proposals

Attach all funding proposals executed by the lender(s) or by any other source as
Attachment 15.
c. Development Cost Pro Forma
To meet the submission requirements, upload the Development Cost Pro Forma as
outlined in Section Three of the RFA.
d. Per Unit Construction Funding Preference
Does the proposed Development qualify for the Per Unit Construction Funding
Preference?
Yes
e. Principal of the Applicant is a Public Housing Authority and/or an instrumentality of a

Public Housing Authority
Is a Principal of the Applicant Entity a Public Housing Authority or an instrumentality of a

Public Housing Authority?
No
If the Principal of the Applicant Entity is an instrumentality of a Public Housing

Authority, state the name of the Public Housing Authority:
Page 16 of 18
RFA 2021-201
Page 337 of 376
11. Local Government Area of Opportunity
a. Does the documentation provided as Attachment 16 demonstrate that the Application

qualifies for the Local Government Areas of Opportunity Goal and the Local Government
Areas of Opportunity Basis Boost, as outlined in Section Four, A.11.a. of the RFA?
Yes
The Corporation will determine whether the Local Government Areas of Opportunity
Basis Boost and Funding Goal are met using the criteria described in Section Four.
b. Preferences within the Goal
If the proposed Development is eligible for the Local Government Areas of Opportunity
Funding Goal and Local Government Areas of Opportunity Basis Boost, select the
preferences below that the Application also qualifies for. The criteria is outlined in
Section Four, A.11.b. of the RFA.
☐ (1) Preference for Developments that were Previously Submitted in RFA

2019-113 and RFA 2020-201 but not awarded
☐ (2) Preference for Developments that were Previously Submitted in RFA

2020-201 but not awarded
☒ (3) Preference for two additional Applications that qualify for the Local
Government Area of Opportunity Goal, regardless of whether the
Applications were previously submitted.
If either (1) and/or (2) is selected, provide the Application number for the applicable
previously submitted Application.
Application Number for Application submitted in RFA 2019-113: Click here to enter text.
Application Number for Application submitted in RFA 2020-201: Click here to enter text.
Note: Applications that qualify for the first preference will qualify for all three
preferences. Applications that qualify for the second preference will also qualify for the
third preference.
B. Other Information
1. Verifying Application Fee Payment
To ensure that the Application Fee is processed for the correct online Application, the
following is strongly recommended: (i) provide the Application Fee at least 48 hours
prior to the Application Deadline; and (ii) whether paying by check, money order, ACH
or wire transfer, include the Development Name, RFA number with the payment.
Additionally, include the following:
Page 17 of 18
RFA 2021-201
Page 338 of 376
• If submitting a check or money order, provide the check or money order number.
• If submitting an ACH, provide the trace number.
• If submitting a wire transfer, provide the wire service reference number (i.e.
Fed/CHIPS/SWIFT Reference Number) and the Fed Wire Transfer Number.
2. Bookmarking the All Attachments Document before uploading (5 points)
To be awarded 5 points, bookmark the pdf of the All Attachments Document before
uploading.
3. Addenda
Use the space below to provide any additional information or explanatory addendum
for items in the Application. Please specify the particular item to which the additional
information or explanatory addendum applies.
Page 18 of 18
RFA 2021-201
Page 339 of 376
RFA 2021-201 DEVELOPMENT COST PRO FORMA (Page 1 of 8)
NOTES: (1) Developer fee may not exceed the limits established in Rule Chapter 67-48, F.A.C., or this RFA. Any portion of the fee that
has been deferred must be included in Total Development Cost. When the
(2) When Housing Credit equity proceeds are being used as a source of financing, complete Columns 1 and 2. The
various FHFC Program fees should be estimated and included in column 2 for at least the Housing Credit Program.
(3) General Contractor's fee is limited to 14% of actual construction cost (for Application purposes, this is represented by
A1.1. Column 3), rounded down to nearest dollar. The General Contractor's fee must be disclosed. The General Contractor's
fee includes General Conditions, Overhead, and Profit.
(4) For Application purposes, the maximum hard cost contingency allowed cannot exceed 5% of the amount provided in
column 3 for A1.3. TOTAL ACTUAL CONSTRUCTION COSTS for Developments where 50 percent or more of the units are
new construction. Otherwise the maximum is 15%. The maximum soft cost contingency allowed cannot exceed
5% of the amount provided in column 3 for A2.1 TOTAL GENERAL DEVELOPMENT COST. Limitations on these contingency
line items post-Application are provided in Rule Chapter 67-48, F.A.C. (if applicable) and this RFA.
(5) Operating Deficit Reserves (ODR) of any kind are not to be included in C. DEVELOPMENT COST and cannot be used in
determining the maximum Developer fee. In addition, an ODR is not permitted in this Application at all. If one has been
included, it will be removed by the scorer, reducing total costs. However, one may be included during the credit underwriting
process where it will be sized. The final cost certification may include an ODR, but it cannot exceed the amount sized during
credit underwriting.
(6) Commercial, retail, and office space are not functionally related and subordinate to the residential units, and are not
considered to be community service facilities. As such, these costs are neither considered in eligible basis nor included
in the TDC PU Limitation process.
(7) Although the Corporation acknowledges that the costs listed on the Development Cost Pro Forma, Detail/Explanation Sheet,
Construction or Rehab Analysis and Permanent Analysis are subject to change during credit underwriting, such costs are
subject to the Total Development Cost Per Unit Limitation as provided in the RFA, as well as the other cost limitations provided
in Rule Chapter 67-48, F.A.C., as applicable.
USE THE DETAIL/EXPLANATION SHEET FOR EXPLANATION OF * ITEMS. IF ADDITIONAL SPACE IS REQUIRED, ENTER THE
INFORMATION ON THE ADDENDA LOCATED AT THE END OF THE APPLICATION.
What was the Development Category of the Proposed Development: New Construction (w/ or w/o Acquisition)
Indicate the number of total units in the proposed Development: 90
1 2 3
HC ELIGIBLE HC INELIGIBLE TOTAL
COSTS COSTS COSTS
DEVELOPMENT COSTS
Actual Construction Costs
Accessory Buildings
Demolition
Commercial/Retail Space See Note (6)
New Rental Units 9,662,000.00 9,662,000.00
*Off-Site Work (explain in detail)
Recreational Amenities 275,000.00 275,000.00
Rehab of Existing Common Areas
Rehab of Existing Rental Units
Site Work 1,500,000.00 1,500,000.00
*Other (explain in detail)
A1.1. Actual Construction Cost $ 11,437,000.00 $ $ 11,437,000.00
See Note (3)

A1.2. General Contractor Fee
(Max. 14% of A1.1., column 3) $ 1,600,000.00 $ $ 1,600,000.00
A1.3. TOTAL ACTUAL CONSTRUCTION

COSTS $ 13,037,000.00 $ $ 13,037,000.00
See Note (4)

A1.4. HARD COST CONTINGENCY $ 650,000.00 $ $ 650,000.00
Page 340 of 376


1 2 3
COSTS COSTS COSTS
General Development Costs
Accounting Fees 40,000.00 40,000.00
Appraisal 10,000.00 10,000.00
Architect's Fee - Site/Building Design 312,000.00 312,000.00
Architect's Fee - Supervision 50,000.00 50,000.00
Builder's Risk Insurance 126,000.00 126,000.00
Building Permit 108,000.00 108,000.00
Capital Needs Assessment
Engineering Fees 100,000.00 100,000.00
Environmental Report 10,000.00 10,000.00
FHFC Administrative Fee See Note (2) 153,000.00 153,000.00
FHFC Application Fee See Note (2) 3,000.00 3,000.00
FHFC Compliance Fee See Note (2) 219,410.00 219,410.00
FHFC PRL/Credit Underwriting Fees See Note (2) 17,845.00 17,845.00
Green Building Certification/

HERS Inspection Costs 25,000.00 25,000.00
*Impact Fees (list in detail) 475,000.00 475,000.00
Inspection Fees 60,000.00 60,000.00
Insurance 108,000.00 108,000.00
Legal Fees 200,000.00 200,000.00
Market Study 10,000.00 10,000.00
Marketing/Advertising 100,000.00 100,000.00
Property Taxes 47,000.00 47,000.00
Soil Test Report 10,000.00 10,000.00
Survey 25,000.00 25,000.00
Tenant Relocation Costs
Title Insurance & Recording Fees 95,500.00 95,500.00
Utility Connection Fee 279,000.00 279,000.00
A2.1. TOTAL GENERAL DEVELOPMENT

COST $ 2,190,500.00 $ 393,255.00 $ 2,583,755.00
See Note (4)

A2.2. SOFT COST CONTINGENCY $ 129,000.00 $ $ 129,000.00
Page 341 of 376


1 2 3
COSTS COSTS COSTS
Financial Costs
Construction Loan Origination/
Commitment Fee(s) 170,000.00 170,000.00
Construction Loan Credit

Enhancement Fee(s)
Construction Loan Interest 754,450.00 754,450.00
Non-Permanent Loan(s) Closing

Costs 34,000.00 34,000.00
Permanent Loan Origination/

Commitment Fee(s) 57,000.00 57,000.00
Permanent Loan Credit

Enhancement Fee(s)
Permanent Loan Closing Costs 25,000.00 25,000.00
Bridge Loan Origination/

Commitment Fee(s)
Bridge Loan Interest
A3. TOTAL FINANCIAL COSTS $ 1,040,450.00 $ $ 1,040,450.00
ACQUISITION COST OF EXISTING

DEVELOPMENT (excluding land)
Existing Building(s)
B. TOTAL ACQUISITION COSTS OF EXISTING

DEVELOPMENT (excluding land) $ $ $
C. DEVELOPMENT COST $ 17,046,950.00 $ 393,255.00 $ 17,440,205.00

(A1.3+A1.4+A2.1+A2.2+A3+B)
Developer Fee See Note (1)

Developer Fee on Acquisition Costs
Developer Fee on Non-Acquisition Costs 2,600,000.00 2,600,000.00
D. TOTAL DEVELOPER FEE $ 2,600,000.00 $ $ 2,600,000.00
See Note (5)

E. OPERATING DEFICIT RESERVES $ $ $
F. TOTAL LAND COST $ $ 1,300,000.00 $ 1,300,000.00
See Note (7)

G. TOTAL DEVELOPMENT COST $ 19,646,950.00 $ 1,693,255.00 $ 21,340,205.00
(C+D+E+F)
Page 342 of 376

Detail/Explanation Sheet
Totals must agree with Pro Forma. Provide component descriptions and amounts for each item that has been
completed on the Pro Forma that requires a detailed list or explanation.
DEVELOPMENT COSTS
Actual Construction Cost

(as listed at Item A1.)
Off-Site Work:
Other:
General Development Costs

Impact Fees: Impact Fees for Roads, School, Police, Fire, Library, Public Works
Other:
Financial Costs
Other:
Acquisition Cost of Existing Developments

(as listed at Item B2. )
Other:
NOTES: Neither brokerage fees nor syndication fees can be included in eligible basis. Consulting fees, if any, and any financial or other guarantees
required for the financing must be paid out of the Developer fee. Consulting fees include, but are not limited to, payments for Application
consultants, construction management or supervision consultants, or local government consultants.
(enter a percentage) **
<select from menu>
Page 343 of 376

CONSTRUCTION/REHAB ANALYSIS
AMOUNT LENDER/TYPE OF FUNDS
A. Total Development Costs $ 21,340,205.00
B. Construction Funding Sources:
1. First Mortgage Financing $ 17,000,000.00 Regulated Mortgage Lender
2. Second Mortgage Financing $ <select from menu>
3. Third Mortgage Financing $ <select from menu>
4. Fourth Mortgage Financing $ <select from menu>
5. Fifth Mortgage Financing $ <select from menu>
6. Sixth Mortgage Financing $ <select from menu>
7. Seventh Mortgage Financing $ <select from menu>
8. Eighth Mortgage Financing $ <select from menu>
9. Ninth Mortgage Financing $ <select from menu>
10. Tenth Mortgage Financing $ <select from menu>
11. HC Equity Proceeds Paid Prior to

Completion of Construction which
is Prior to Receipt of Final Certificate
of Occupancy or in the case of
Rehabilitation, prior to placed-in
service date as determined by the
Applicant. $ 7,734,226.00
12. Other: $
13. Other: $
14. Deferred Developer Fee $ 1,300,000.00
15. Total Construction Sources $ 26,034,226.00
C. Construction Funding Surplus

(B.15. Total Construction Sources,
less A. Total Development Costs): $ 4,694,021.00 (A negative number here represents a funding shortfall.)
Each Attachment must be listed behind its own Tab. DO NOT INCLUDE ALL ATTACHMENTS BEHIND ONE TAB.
Page 344 of 376

PERMANENT ANALYSIS
AMOUNT LENDER/TYPE OF FUNDS
A. Total Development Costs $ 21,340,205.00
B. Permanent Funding Sources:
1. First Mortgage Financing $ 4,950,000.00 Regulated Mortgage Lender
2. Second Mortgage Financing $ 460,000.00 Local Government Subsidy
3. Third Mortgage Financing $ <select from menu>
4. Fourth Mortgage Financing $ <select from menu>
5. Fifth Mortgage Financing $ <select from menu>
6. Sixth Mortgage Financing $ <select from menu>
7. Seventh Mortgage Financing $ <select from menu>
8. Eighth Mortgage Financing $ <select from menu>
9. Ninth Mortgage Financing $ <select from menu>
10. Tenth Mortgage Financing $ <select from menu>
11. HC Syndication/HC Equity Proceeds $ 15,468,453.00
12. Other: $
13. Other: $
14. Deferred Developer Fee $ 500,000.00
15. Total Permanent Funding Sources $ 21,378,453.00
C. Permanent Funding Surplus

(B.15. Total Permanent Funding Sources,
less A. Total Development Costs): $ 38,248.00 (A negative number here represents a funding shortfall.)
Each Attachment must be listed behind its own Tab. DO NOT INCLUDE ALL ATTACHMENTS BEHIND ONE TAB.
Page 345 of 376

The intent of this page is to assist the Applicant in determining a TDC PU Limitation for the proposed Development and comparing it to the appropriate
RFA's TDC PU Limitation. The accuracy of the comparison is dependent upon the accuracy of the inputs and Florida Housing takes no responsibility in
any programing errors. FHFC will not use this page to score TDC PU Limitation criteria. If FHFC makes any adjustments to the Applicant's data or
assumptions, FHFC's TDC PU for Limitation purposes of the proposed Development or the TDC PU Limitation determined by FHFC may be different than the
amounts provided below. Please read the RFA for qualifying responses and definition of terms. This table is optional and its use is at the sole discretion
of the Applicant. Applicant is responsible to verify and be in compliance with all aspects of the Application to meet RFA criteria.
TDC PU LIMITATION ANALYSIS Not in South Florida, New Construction, Garden, Non-ESSC.
A. In which county is the proposed Development to be located?...............................................................................

Brevard (Medium County)
B. Will the proposed development be comprised of multiple development categories,

development types, or ESS designations?......................................................................................................
No
*Blended Characteristic TDC PU Base Limitation table not required. Please move down to Item D.
Blended Characteristic TDC PU Base Limitation
Unit Category, Type, and ESS Maximum TDC PU

Unit Count Pro Rata Limits
Designation Limitation
NC Garden Non-ESS
NC Garden ESS
NC Mid-Rise Non-ESS
NC Mid-Rise ESS
NC High-Rise
Rehab Garden
Rehab Non-Garden
Total Blended TDC PU Base
Limitation
C. You have indicated above on row 35 that the Development

Category of the Proposed Development is……………………………………………......................................................
New Construction (w/ or w/o Acquisition)
D. What is the proposed Development's Development Type?................................................................................

Garden
E. Does the proposed Development qualify as Enhanced Structural

Systems Construction (ESSC)?....................................................................................................................
No
The TDC PU Base Limitation for the above defined Development is………………………………………....
$270,100
F. Does the proposed Development qualify for any of the following TDC PU Add-Ons or Multipliers? Choose all that apply.
1. (a) PHA is a Principal/Affiliate Add-On……………………………………………………………………..

No
(Select one or no
(b) Requesting HOME funds from FHFC Add-On…………………………………………………. option, as applicable)
(c) Requesting CDBG-DR funds from FHFC Add-On…………………………………………….
2. Tax-Exempt Bond Add-On…………………………………………………………………………………………….
(Select if applicable)
3. (a) North Florida Keys Area Multiplier……………………………………………………………..

No (Select one option if
(b) South Florida Keys Area Multiplier…………………………………………………………….
No applicable)
4. (a) Persons with Developmental Disabilities Multiplier…………………………………………………………

(b) Persons with a Disabling Condition Multiplier………………………………………………… (Select one or no
(c) Persons with Special Needs Multiplier………………………………………………………… option, as applicable)
(d) Homeless Demographic Multiplier……………………………………………………………….
5. Elderly ALF Multiplier…………………………………………………………………………….
No (Select if applicable)
6. (a) Less than 51 units Multiplier*……………………………………………………………………. (Select one option if

(b) More than 50 units, but less than 81 units Multiplier*………………………………………… applicable)
Page 346 of 376

*For 9% HC Permanent Supportive Housing RFAs only. The proposed Development must be new construction to
qualify as well as not being located in Monroe County.
Page 347 of 376

The final overall TDC PU Limitation for the above defined Development is……………………
$270,100.00
Derivation of the TDC PU of the proposed Development for Limitation purposes:
Total Development Costs (Line G., column 3) $21,340,205.00
Less Acq. Cost of Existing Dev. (excluding land) - Existing Building(s) $0.00 (Not Applicable)
Less Land Acquisition Costs (Line F., column 3) $1,300,000.00
Less Operating Deficit Reserves (Line E., column 3) $0.00
Less Demolition and Relocation Costs, if applicable $0.00
Less Commercial/Retail Space Costs, if applicable $0.00
TDC of the proposed Development for Limitation Purposes: $20,040,205.00
TDC PU of the proposed Development for Limitation Purposes: $222,668.94
Is the proposed Development's TDC PU for Limitation purposes equal

to or less than the TDC PU Limitation provided in the RFA?.......................................................
Yes
[ $270,100 Base Limit = $270,100.00 Total ]
Page 348 of 376

The intent of this page is to assist the Applicant in determining the overall Average Median Income for the proposed Development when the Development This portion
of the Development Cost Pro Forma is to assist the Applicant in understanding some of the variables involved when selecting Average Income test as the minimum
housing credit set-aside offered in the RFA. The data entered below will not be used to score the Application. The entries below will not be used to establish the
Applicant's set-aside commitment for Application purposes. This is to be used as a tool to assist the Applicant in selecting appropriate set-aside commitments in the
Application. The accuracy of the table is dependent upon the accuracy of the inputs and Florida Housing takes no responsibility in any programming errors. This table
is optional and its use is at the sole discretion of the Applicant. Applicant is responsible to verify and be in compliance with all aspects of the Application to meet RFA
criteria.
INCOME AVERAGING WORKSHEET
AMI Set-Aside # of Units % of Units
20% 0.00%
(ELI Designation) 30% 14 15.56%
40% 0.00%
50% 0.00%
60% 44 48.89%
70% 22 24.44%
80% 10 11.11%
(This should match the HC Set-Aside
Total Qualifying Housing Credit Units 90 100.00% Commitment in the Application)
Market Rate Units 0.00%

(Total Units here matches the Total Units
Total Units 90 100.00% entered on row 33 above)
Average AMI of the Qualifying Housing (equal to 60%
60.00%
Credit Units maximum)
Page 349 of 376

Page 350 of 376
Page 351 of 376

Page 352 of 376
Category: 12.
Item: B.
City of Titusville

Subject: Historic Property Ad Valorem Property Tax Exemption Code
Amendment
Recommended Action:
Provide advisability on amending the Historic Property Ad Valorem Tax Exemption Code to be
consistent with the Florida Administrative Code Rule 1A-38.003 (1) Application for
Exemptions.

It has been brought to staff's attention that the City's Historic Property Ad Valorem Tax
Exemption code requiring applications for historic property ad valorem tax exemption be
submitted prior to any work being started is not consistent with the Florida Administrative Code
1A-38.003 (1) Application for Exemption. The Florida Department of State was directed by the
Florida Legislature in Section 196.1997 of the Florida Statutes to adopt rules for the
implementation of ad valorem tax exemptions for historic properties. The rule on the submittal
of applications was revised to permit the submittal of applications for historic property ad
valorem tax exemption either before, during or upon completion of the improvements. Wording
was added to the Rule that strongly encourages property owners to submit applications before
construction is initiated to secure preliminary project approval.
Alternatives:
1. Direct staff to amend Section 19-207 of the Historic Preservation Code to be consistent with
the Florida Administrative Code as presented.
2. Leave Section 19-207 of the Preservation Code as is.
3. Direct staff to amend Section 19-207 with revisions.
Item Budgeted:
NA
Page 353 of 376

Strategic Plan:
No. 4 – Economic Development

The Historic Property Ad Valorem Tax Exemption Code helps to eliminate blight in the City.
ATTACHMENTS:
Florida Statute 196.1997 6/8/2021 Backup
Material
Florida Administrative Code 1A-38.003 6/8/2021 Backup
Material
Draft Amendment to Sec. 19-207, Backup
Applicatio, Historic Property Tax Exemption 6/8/2021 Material
Code
Page 354 of 376

Page 355 of 376

Page 356 of 376

Page 357 of 376

Page 358 of 376

Page 359 of 376

Page 360 of 376

PART II - CODE OF ORDINANCES
Chapter 19 - TAXATION
ARTICLE VII. HISTORIC PROPERTY AD VALOREM TAX EXEMPTIONS
ARTICLE VII. HISTORIC PROPERTY AD VALOREM TAX EXEMPTIONS
Sec. 19-200. Short title.

This article shall be known as the "City of Titusville Historic Property Ad Valorem Tax Exemptions."
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-201. Purpose and intent.

The purpose of this article is to create a program that allows tax exemptions for properties listed on the City
of Titusville Register of Historic Places to stimulate preservation and revitalization of those properties; to ease the
burden on owners of preserving and maintaining these properties; as an incentive to increase the value and
appearance of qualified historic properties; to stabilize and improve property values and to enhance the tax base
within the City of Titusville. The purpose and intent of this article furthers the city's historic preservation ordinance
found in the city's land development regulations (LDR), chapter 29, article VI, historic preservation.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-202. Definitions.

Preconstruction application means a form obtained from the City of Titusville Community Development
Department containing all of the information required by the Florida Department of State, Division of Historic
Resources promulgated in accordance with Rule 1A-38, Florida Administrative Code, and shall include additional
information regarding the documentation of cost of qualifying improvements to be submitted by an applicant to
the City of Titusville to apply for a historic property ad valorem tax exemption.
Qualifying improvement means any change in the condition of an eligible property brought about by the
expenditure of labor and purchase of materials that result in restoration, renovation or rehabilitation of said
property in keeping with the design criteria established for the purposes of this exemption. This shall include,
specifically, existing structure interior or exterior work as provided for in the historic preservation ordinance,
chapter 29, article VI, historic preservation.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-203. Historic property ad valorem property tax exemption.

(a) Exemptions from City of Titusville Ad Valorem Taxes are hereby established:
(1) Pursuant to F.S. § 196.1997, the city council of the City of Titusville by ordinance may authorize the
exemption from City of Titusville ad valorem taxation of up to one hundred (100) percent of the
assessed value of all qualifying improvements to historic properties, which result from the restoration,
renovation, or rehabilitation of such properties. The exemption applies only to qualifying
improvements to real property. In order for the property to qualify for the exemption, any such
improvements must be made on or after the day the ordinance authorizing ad valorem tax exemption
for historic properties is adopted; and
Titusville, Florida, Code of Ordinances Created: 2021-04-22 13:49:26 [EST]
(Supp. No. 44)
Page 1 of 7
Page 361 of 376

(2) Properties that seek an ad valorem tax exemption must qualify under this paragraph and must be
approved by the city council by resolution after a recommendation by the historic preservation board.
No improvements made prior to the adoption of this section may qualify for the tax exemption.
Improvements must be authorized by issuance of a building permit. The exemptions do not apply to
taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to
Section 9(b) or Section 12, Article VII of the Florida Constitution.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-204. Historic property ad valorem property tax exemption criteria.

(a) The property shall be listed on the Titusville Register of Historic Places.
(b) To qualify for an exemption, the property owner must enter into a covenant or agreement with the city
council for the term for which the exemption is granted pursuant to F.S. § 196.1997(7).
(c) In order for an improvement to qualify a property for an exemption, the improvement shall:
(1) Be approved for restoration, renovation, or rehabilitation under this section prior to any tax exemption
approval;
(2) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation. The standards
and guidelines are the criteria by which all exemptions are judged. All interior, exterior, and site work
must follow these criteria to qualify for a tax exemption; and
(3) Be determined by the historic preservation board and city council to meet criteria established in rules
adopted by the Florida Department of State, Chapter 1A-38. F.A.C.; and
(4) Be completed within three (3) years from the date the application for preconstruction is approved by
city council. A preconstruction application approval shall automatically be revoked if the property
owner has not submitted a request for review of completed work within three (3) years following the
date of approval of a preconstruction application. The city council may grant a single extension to this
provision for up to six (6) additional months if such request is made in writing within three (3) years of
the date of approval; and
(5) Contain a minimum of two thousand five hundred dollars ($2,500.00) worth of improvements to the
exterior of the property, unless it has been documented in the preconstruction application that no
improvements to the exterior of the property are needed; and
(6) Meet the certificate of appropriateness requirements for a qualifying restoration, renovation, or
rehabilitation including exterior work by separate application per chapter 29, article VI, historic
preservation of the land development regulations.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-205. Exemption period.

(a) Any tax exemption granted pursuant to this section shall remain in effect for the period set forth in the
resolution approving the application for exemption not to exceed ten (10) years, so long as:
(1) The covenant required of the property owner by this section is maintained.
(2) The improvements which qualified the property for an exemption are maintained over the period for
which the exemption is granted; and
Created: 2021-04-22 13:49:26 [EST]

(Supp. No. 44)
Page 2 of 7
Page 362 of 376

(3) The exemption is not otherwise disqualified and duly revoked pursuant to section 19-212, revocation
proceedings of this ordinance [article].
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-206. Exemption amount.

The dollar amount of the tax exemption will be the percentage, (up to one hundred (100) percent) as
established by the city council at the time of preconstruction application approval for exemption, of the assessed
value of the qualified improvements, which assessed value is determined by the county property appraiser's office.
This dollar amount will be fixed for the duration of the tax exemption based on the property improvement's
assessed value in the year the property improvement is completed as defined in the adopted resolution. An
exemption on the assessed value of the improvement for up to one hundred (100) percent of that portion of the
city's ad valorem tax may be granted, however the city will not generally allow the exemption on the assessed
value of an improvement exceeding one hundred thousand dollars ($100,000.00) for single-family residential
properties and five hundred thousand dollars ($500,000.00) for other properties. However, the city council can
waive this restriction if the property meets the following criteria:
(1) The property is of great significance to the city and the assessed value of the improvement exceeds
twenty-five (25) percent of the assessed built value of the property;
(2) The additional exemption is necessary to save the property from destruction and to ensure its
renovation; or
(3) The additional exemption is necessary to meet governmental building codes to ensure the
rehabilitation of the property.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-207. Application.

(a) The applicant must obtain approval by the city council after recommendation by the historic preservation
board of any proposed scope of work before commencing construction. The historic ad valorem exemption
ordinance applicant must also obtain a certificate of appropriateness as required by this section. Failure to
obtain prior approval shall result in denial of the tax exemption. A description of improvements may be
submitted before or during construction, or upon completion of the improvements; however, property
owners are strongly encouraged to submit the application to ensure eligibility and secure preliminary project
approval before construction is initiated. An application for review of completed work shall be submitted
upon completion of the improvements. For improvements completed before application is made, an
application for review of completed work must accompany a preconstruction application. Application for ad
valorem historic tax exemption shall be made on appropriate forms from the City of Titusville. The
application shall be made by the owner of record or a duly authorized agent of the owner. The application
forms shall contain all of the information required by the Florida Department of State. Division of historic
resources and shall include additional information regarding documentation of the estimated cost of
qualifying improvements. The application shall consist of the following parts:
(1) Preconstruction application.
a. Content of the preconstruction application. The preconstruction application must contain the
following information:
1. Name of the property owner and the location of the historic property;
Created: 2021-04-22 13:49:26 [EST]

(Supp. No. 44)
Page 3 of 7
Page 363 of 376

2. Proof that the property has been previously designated or is in the process of being
designated on the Titusville Register of Historic Places;
3. Proof that the improvements to the property will be consistent with the United States
Secretary of the Interior's Standards for Rehabilitation and will be made in accordance with
guidelines developed by the Department of State, Chapter 1A-38. F.A.C.;
4. Photographs documenting existing conditions of the property;
5. Information outlining construction estimates for the proposed project and the anticipated
beginning date for the construction of the improvements; and
6. A copy of the latest tax bill issued by the Brevard County Tax Collector's Office.
7. If necessary, a completed application for a certificate of appropriateness for the qualifying
restoration, renovation or rehabilitation. The certificate of appropriateness must be
approved prior to any completion of construction.
b. Review of preconstruction application.
1. The preconstruction application shall be reviewed by the City of Titusville Historic
Preservation Board at any regular or special meeting of such board. If applicable, review of
the preconstruction application can be combined with the review and consideration of a
local designation application and a certificate of appropriateness by the board. The historic
preservation board shall make a recommendation to city council determining the following:
i. Whether or not the proposed project will be a qualifying improvement as
defined by this article; and
ii. Whether or not the work, as proposed, complies with applicable review
standards.
2. If the board finds, by majority vote, that the proposed project is a qualifying improvement
and that the work proposed complies with applicable review standards, the historic
preservation board shall recommend approval of the preconstruction application to the
city council. An exemption on the assessed value of the improvement for up to a period of
up to ten (10) years and up to one hundred (100) percent of that portion of the city's ad
valorem tax may be granted, however the city will not generally allow the exemption on
the assessed value of an improvement exceeding one hundred thousand ($100,000.00) for
single-family residential properties and five hundred thousand dollars ($500,000.00) for
other properties. However, the city council can waive this restriction if the property meets
the following criteria:
i. The property is of great significance to the city and the assessed value of the
improvement exceeds twenty-five (25) percent of the assessed built value of
the property;
ii. The additional exemption is necessary to save the property from destruction
and to ensure its renovation; or
iii. The additional exemption is necessary to meet governmental building codes to
ensure the rehabilitation of the property.
3. If the historic preservation board finds by majority vote, that the proposed project is either
not a qualifying improvement, or is not in compliance with the applicable review standards,
the historic preservation board may advise the applicant as to the changes necessary to
make it a qualifying improvement. The historic preservation board can historic ad valorem
exemption ordinance also provide recommendations to bring the project in compliance
Created: 2021-04-22 13:49:26 [EST]

(Supp. No. 44)
Page 4 of 7
Page 364 of 376

with applicable review standards. The applicant may resubmit the preconstruction
application for further review at a future regular or special meeting of the historic
preservation board.
c. Work requiring a certificate of appropriateness. If all or part of the proposed work involves
exterior work requiring a certificate of appropriateness under chapter 29, overlays and special
districts, article VI, historic preservation section 29-119, certificate of appropriateness
procedures and review criteria, of the land development regulations, the exterior portion of the
work shall be reviewed in accordance with that code and any design guidelines associated with
that code. The preconstruction application process may be initiated and reviewed simultaneously
with the procedure for issuance of a certificate of appropriateness, but no preconstruction
application shall be approved by the board until the process for issuance of a certificate of
appropriateness has been completed.
(2) Application for review of completed work.
a. Content of the application. The application form shall include, but not be limited to, the
following:
1. Information shall be provided sufficient to determine if the completed work is consistent
with the work as proposed in the preconstruction application, including photographs.
2. Information documenting the total actual cost of the project.
b. Review of application for completed work. Application for review of completed work shall be
made by the applicant upon completion of all work items summarized in the preconstruction
application. This form shall be submitted to the historic preservation board for review at a
regular or special meeting of said board. At this meeting, the board shall determine if the work,
as completed, is consistent with the work that was proposed in the preconstruction application.
(3) If the board finds, by majority vote, that the completed work is consistent with the preconstruction
application, then the application for review of completed work shall be approved by the board and
forwarded to the city council with its recommendation that the city council grant the exemption.
(4) If the board finds, by majority vote, that the completed project is not consistent with the work
proposed in the preconstruction application, the board shall advise the applicant as to the changes
necessary to make it consistent. The applicant shall have sixty (60) days to bring said work into
compliance. After this sixty-day period, the board shall review the information provided by the
applicant to demonstrate compliance. If. to the satisfaction of a majority of the board, the completed
work is consistent with the preconstruction application, then the application for review of completed
work shall be approved by the board and the board shall forward its recommendation to the city
council that the exemption be granted. If the board decides by majority vote that the work is not
consistent, then the board shall not approve the application and shall recommend to the city council
that it deny the request for tax exemption.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-208. Historic property exemption covenant.

(a) No final application shall be approved by the city council unless it is accompanied by a signed preservation
exemption covenant.
(1) The covenant shall provide that the property owner, successors or assigns, shall maintain and repair
the property to preserve the historic qualities and integrity of the property during the period for which
the tax exemption was approved. If the exemption is granted, the city clerk shall record the covenant
Created: 2021-04-22 13:49:26 [EST]

(Supp. No. 44)
Page 5 of 7
Page 365 of 376

with the deed for the property in the official records of the county prior to the effective date of the tax
exemption. A certified copy of the recorded covenant shall be provided to the city manager within
thirty (30) days of the approval of the tax exemption or the approval shall be void and of no effect.
(2) Violation of the covenant shall subject the property owner to the payment of the differences between
the total amount of taxes which would have been due in March in each of the previous years in which
the covenant was in effect had the property not received the exemption, and the total amount of taxes
actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3).
(3) The requirements of the covenant must be transferred to the new owner if the property changes
ownership during the tax exemption period. The new property owner may sign a waiver to discontinue
the tax exemption, with no penalty to the new property owner. The tax exemption shall not be
reinstated after the waiver has been delivered to the city manager. A copy of the waiver shall be
delivered by the city clerk to the county property appraiser's office. The waiver will discontinue the tax
exemption in the tax year in which the waiver was received, if the waiver is received by the property
appraiser's office by July 1. A waiver received by the property appraiser's office after July 1 shall cause
the discontinuance to be effective the following tax year.
(4) With respect to nonresidential properties, the covenant may require that the primary business use of
the property and of any structures, facilities or land that are associated with such business use at the
time the exemption is granted shall be continuously conducted.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-209. Appeals.

The applicant may appeal any decision of the historic preservation board under this ordinance to the city
council. The appeal shall be filed on a form prepared by the community development director of the City of
Titusville. The city council shall review the applications and supporting documentation filed by the applicant using
applicable review standards. A public hearing shall be held and notice provided the applicant. The applicant may
appeal any decision of the city council under this article to a court of competent jurisdiction.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-210. Notice to applicant.

Written notice shall be made to the applicant in reference to each application after a recommendation or
final decision has been made. Each written notice shall include reasons for the decision and recommendations for
changes to the proposed improvement project that will make it a qualifying improvement.
(Ord. No. 1-2018, § 1, 1-9-18)
Sec. 19-211. Notice to property appraiser.

Within ten (10) working days following adoption of a resolution by the city council granting the historic
preservation property tax exemption, the city manager or his/her designee shall transmit a copy of the resolution,
the preservation exemption covenant, and the final application to the Brevard County Property Appraiser, with
instructions that the property appraiser provide the historic preservation property tax exemption to the applicant.
(Ord. No. 1-2018, § 1, 1-9-18)
Created: 2021-04-22 13:49:26 [EST]

(Supp. No. 44)
Page 6 of 7
Page 366 of 376

Sec. 19-212. Revocation proceedings.

(a) The city manager may initiate proceedings to revoke the historic preservation property tax exemption in the
event that the applicant, or any subsequent owner or successor in interest to the property, fails to maintain
the property according to the terms, conditions and standards of the historic property improvement
exemption covenant. Proceedings under this section may also be initiated following a finding by the code
enforcement board that a code violation has occurred on the property. City staff shall provide notice to the
current owner of record after review and recommendation by the historic preservation board to the city
council. The city council shall review the recommendation of the historic preservation board and make a
determination as to whether or not the exemption should be revoked.
(b) Upon a determination by the city council that the historic preservation property tax exemption shall be
revoked, the city manager or his/her designee shall provide written notice of the decision to the property
owner of record as well as to the Brevard County Property Appraiser. The notice to the owner of record shall
be accompanied by reasons and recommendations for change to the property that may result in
reinstatement of the exemption.
(c) Upon receipt of a notice of revocation, the Brevard County Property Appraiser shall discontinue the historic
preservation property tax exemption on the property as of January 1 of the year following receipt of the
notice of revocation.
(d) Reinstatement. A property may be reinstated for the historic preservation property tax exemption upon
satisfactory submission of evidence that the recommendations for change to the property previously made
by the city council have been completed. The process for reinstatement shall be the same as the process for
review of an application for review of completed work. Upon completion of the reinstatement process, the
city manager or his/her designee shall notify the Brevard Property Appraiser per section 19-211(b) above.
The historic preservation property tax exemption shall only be reinstated for the remaining unexpired term
of the initial exemption period.
(Ord. No. 1-2018, § 1, 1-9-18)
Created: 2021-04-22 13:49:26 [EST]

(Supp. No. 44)
Page 7 of 7
Page 367 of 376

Category: 12.
Item: C.
City of Titusville

Subject: Solid Waste Rate Review
Recommended Action:
Staff will present the Solid Waste Rate Review.

Rate proposal is incorporated in proposed budget.
Alternatives:
Item Budgeted:
NA
Strategic Plan:

ATTACHMENTS:
Page 368 of 376

Category: 12.
Item: D.
City of Titusville

Subject: Stormwater Rate Review
Recommended Action:
Staff will present the Stormwater Rate Review.

Alternatives:
Item Budgeted:
NA
Strategic Plan:

ATTACHMENTS:
Page 369 of 376

Category: 14.
Item: A.
City of Titusville

Subject: Mayor's Report
Recommended Action:
The Mayor's Report is included in the agenda packet.

N/A
Alternatives:
N/A
Item Budgeted:
NA

N/A
Strategic Plan:

N/A
ATTACHMENTS:
Mayor's Report 8/2/2021 Backup
Material
Page 370 of 376

MAYOR’S REPORT
August 10, 2021
MISCELLANEOUS/ANNOUNCEMENTS
July 27, 2021

Ribbon cutting – New Life Space Coast Church – Adult Day Care
6755 S. Washington Avenue
July 29, 2021

Baffle Box Tour
City of Titusville
July 31 – August 7, 2021

Vacation
August 9, 2021
Utility Rate Study & Budget Briefing
City Hall – Mayor & Council Office
LETTERS FOR CITY COUNCIL APPROVAL - None
AWARDS AND RECOGNITIONS PRESENTED – None
PROCLAMATION – None
CITY COUNCIL AUTHORIZATION – None

TRAVEL EXPENSES FOR CITY COUNCIL APPROVAL – None
MISCELLANEOUS – None
PAGE 1 of 1
Page 371 of 376
Category: 14.
Item: B.
City of Titusville

Subject: Council Reports
Recommended Action:
City Council Members will provide their individual reports.

N/A
Alternatives:
N/A
Item Budgeted:
NA

N/A
Strategic Plan:

N/A
ATTACHMENTS:
Page 372 of 376

Category: 15.
Item: A.
City of Titusville

Subject: City Manager's Report
Recommended Action:
The City Manager's Report is included in the agenda packet.

N/A
Alternatives:
N/A
Item Budgeted:
NA

N/A
Strategic Plan:

N/A
ATTACHMENTS:
City Manager's Report 8/5/2021 Backup
Material
Page 373 of 376

MEMORANDUM
Aug 10, 2021
TO: The Honorable Mayor and City Council
FROM: Scott Larese, City Manager
SUBJECT: City Manager’s Report
The following is my report for Council’s regular meeting of Aug 10, 2021:
A. ACTION ITEMS
None to Report
B. INFORMATIONAL ITEMS
None to Report
Special Meetings and Events
FY 22 Budget Workshop City Hall

August 11, 2021
5:00 pm
FY 22 Budget City Hall

First Public Hearing September 7, 2021
5:30 pm
FY 22 Budget City Hall

Final Public Hearing September 15, 2021
5:30 pm
Page 374 of 376

Category: 16.
Item: A.
City of Titusville

From: Richard C. Broome, City Attorney
Subject: Conflict of interest waiver between the City of Titusville and
the Gray/Robinson Law Firm
Department/Office: City Attorney
Recommended Action:
Authorize the City to waive any conflict of interest it may have in its representation by the Law
Firm of Gray/Robinson and any of its associates regarding the American Charter Development
rezoning matter in the City of Titusville.

As you may be aware at the July 13, 2021, council meeting, Council accepted the
Engagement Letter of representation from Attorney Thomas A. Cloud of the Gray/Robinson
Law Firm. The Engagement Letter acknowledged that because of the size of its firm, the
propensity existed that they could represent a client which might present a conflict of interest in
its representation of the City. The City Attorney's Office has been informed that Attorney Paul
H. Minoff of the Gray/Robinson Law Firm has a possible conflict in its representation of the
American Charter Development, owned by Village Charter Holdings, LLC, who are attempting
to rezone property at 1927 Knox Mc Rae Drive in Titusville. They have asked the City to waive
any potential conflicts associated with their representation of this client.
The City Attorney's office has no objection to waiving any conflict of interest regarding this
matter.
Alternatives:
1.) Waive conflict of interest
2.) Don't waive conflict of interest
3) Other action deemed appropriate by Council
Item Budgeted:
NA
Page 375 of 376

N/A
Strategic Plan:
ATTACHMENTS:
Page 376 of 376

Regular City Council Meeting - August 10, 2021

Uploaded by

Copyright:

Available Formats

You might also like

Regular City Council Meeting - August 10, 2021

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Regular City Council Meeting - August 10, 2021

Uploaded by

Copyright:

Available Formats

CITY OF TITUSVILLE

August 10, 2021

Approve award of bid #21-PQ-043 for Julia Street Lighting

This ordinance was reviewed by the Planning and

The Planning and Zoning Commission considered this

The Planning and Zoning Commission considered this

The Planning and Zoning Commission considered this

F. Right of Way Vacation (ROW) No. 1-2021 Riverside Drive -

The Planning and Zoning Commission (P&Z) considered

10. ORDINANCES-FIRST READING

The Titusville Environmental Commission and the

13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-

To: The Honorable Mayor and City Council

Summary Explanation & Background:

Source/use of funds/Budget Book Page:

Strategic Plan Impact:

Member Robinson Yes

The motion carried unanimously.

SPECIAL RECOGNITIONS & PRESENTATIONS – None.

Commission Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment,

Member Jordan Yes

The motion carried unanimously.

BOARDS AND COMMISSIONS

Titusville Environmental Commission (TEC) Recommendation Related to Low Impact

Laurilee Thompson (also a member of the Titusville Environmental Commission)

Member Stoeckel provided her support for a ten-minute presentation.

Mayor Diesel Yes

The motion carried unanimously.

Member Robinson recommended that Laurilee Thompson be appointed as a Regular Member

Vice-Mayor Nelson Yes

The motion carried unanimously.

Member Robinson commented on the application on file, etc.

Member Stoeckel Yes

The motion carried unanimously.

Member Robinson Yes

The motion carried unanimously.

Member Jordan Yes

The motion carried unanimously.

Mayor Diesel Yes

The motion carried unanimously.

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)

Council provided advisability, by consensus, for staff to prepare an ordinance to allow a

A. Resolution No. 21-2021 - Community Development Fee Resolution Adopt the

B. Memorandum of Understanding/Working Agreement between The Florida

Vice Mayor Nelson Yes

The motion carried unanimously.

ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Member Stoeckel Yes

The motion carried unanimously.

grease interceptor; by amending section 21-240(a) (1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3),

Member Robinson Yes

The motion carried unanimously.

Member Jordan Yes

The motion carried unanimously.

This item was considered earlier in the meeting.

Mayor Diesel Yes

The motion carried unanimously.

Community Development Director Peggy Busacca explained that staff recommended

Member Stoeckel Yes