Notice. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. DETERMINATION OF A QUORUM 5. APPROVAL OF MINUTES A.

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1 CITY OF TITUSVILLE PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY NOTICE OF REGULAR MEETING September 4, S. Washington Avenue Titusville, FL Council Chamber at City Hall 6:00 PM Notice All persons who anticipate speaking on any Public Hearing item must fill out an Oath Card to be heard on that agenda item and sign the oath contained thereon. These cards are located on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary. This meeting will be conducted in accordance to the procedures adopted in Resolution # Those speaking in favor of a request will be heard first, those opposed will be heard second, and those who wish to make a public comment on the item will speak third. The applicant may make a brief rebuttal if necessary. A representative from either side, for or against, may cross-examine a witness. Anyone who speaks is considered a witness. If you have photographs, sketches, or documents that you desire for the Commission to consider, they must be submitted into evidence and will be retained by the City. Please submit such exhibits to the Recording Secretary. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. DETERMINATION OF A QUORUM 5. APPROVAL OF MINUTES A. August 6, QUASI-JUDICIAL CONFIRMATION PROCEDURES The following items are subject to quasi-judicial rules of procedure. Anyone wishing to speak on any of these items must first sign a Public Hearing Agenda Card and sign the oath contained thereon. Those speaking in favor of a request will be heard first. If you have photographs, sketches, or documents that you desire for Planning and Zoning to consider, they must be submitted into evidence and will be retained by the City. Submit these exhibits to the Recording Secretary. 7. CONSENT AGENDA ITEMS 8. OLD BUSINESS 9. NEW BUSINESS Page 1 of 63 A. Right of Way Vacation No

2 Staff recommends approval of Right-of-Way Vacation No and the Adoption of Resolution No. XX-2014 to vacate a portion of right of way located at Pelican Point Condominiums. B. Small Scale Amendment (SSA) No at 1800 Harrison Street Conduct Public Hearing and Approve Ordinance No related to Small Scale Amendment (SSA) No to amend the comprehensive plan future land use map and Ordinance No to rezone the 16 acre property located at 1800 Harrison Street, from Conservation to Residential High Density and Rezone from Open Space and Recreation (OR) to Multifamily High Density (R-3). C. Small Scale Amendment (SSA) No at 951 North Washington Avenue Approve Ordinances No and related to Small Scale Amendment (SSA) No to amend the comprehensive plan future land use map and zoning map by changing a 4.43 acre property located at 951 North Washington Avenue, from Conservation to Public/Semi-Public and Rezone from Open Space and Recreation (OR) to Hospital Medical (HM). D. Ordinance Amending Urban Village Zoning Classification Related to Supermarkets and Gas Pumps 10. REPORTS Make a recommendation as to the approval of Ordinance No related to retail food markets and supermarkets, and allowing gas pumps as an accessory use. 11. PETITIONS AND REQUESTS FROM PUBLIC PRESENT 12. ADJOURNMENT Any person who decides to appeal any decision of the Planning and Zoning Commission with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter Florida Statutes, should at least 48 hours prior to the meeting, submit a written request to the chairperson of the meeting that the physically handicapped person desires to attend. Page 2 of 63

3 Category: 5. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Planning and Growth Management Director Approve Minutes from the August 6, 2014 meeting. Department/Office: Recommended Action: Summary Explanation & Background: Alternatives: Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type August 6, 2014 draft minutes 8/13/2014 Backup Material Page 3 of 63

4 Planning and Zoning Commission Regular Meeting August 6, 2014 The Planning and Zoning Commission (P&Z) of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, located at 555 South Washington Avenue on Wednesday, August 6, 2014 at 6:00 p.m. XXX Chairman Williams called the meeting to order at 6:00 p.m. Present were Vice Chairman Chavier, Dr. Tibbitts, Member Baker, Secretary Chambers, Member Scott, Member Bobik and School Board Member Hare. Dr. Fayson was absent. Also in attendance were Principal Planner Brad Parrish, Planning & Growth Management Director Peggy Busacca, Assistant City Attorney Chelsea Farrell and Recording Secretary Laurie Dargie. XXX Vice Chairman Chavier motioned to approve the minutes from the July 16, 2014 regular meeting. Member Scott seconded. There was a unanimous voice vote. Quasi-Judicial Confirmation Procedures None XXX XXX Consent Agenda Items None Old Business None XXX XXX New Business Rezoning No from R-2 to R-1C, Riverwoods Subdivision located on Riveredge Drive Mr. Parrish gave an overview of this item. Mr. Ken Ward of 1600 N. Atlantic Avenue Cocoa Beach, Florida came to speak in favor of this item. Mr. Ward said he is present on behalf of the applicant Riveredge Development LLC. Mr. Ward said he will answer any questions that the Commission might have for him. Member Bobik asked what the small piece of property on the east side of the property is going to be used for. Mr. Ward said that the small piece of property would be owned by the properties of the West side of the road and would remain as riverfront access. Page 4 of 63 Page 1 of 15

5 Planning and Zoning Commission Regular Meeting August 6, 2014 Member Bobik asked if they have a concept plan for the size of the houses that they would like to build. Mr. Ward said they will be a nice size and the minimum size requirement is 900 square feet. Mr. Ward said they plan to build much larger homes. Secretary Chambers said that the density level is smaller than it was in previous years. Mr. Ward said yes the density has been reduced by about 50%. Chairman Williams asked if there is access now from Highway US 1. Mr. Ward said there was a small area plan that was conducted and there is a stipulation in that plan that says if you development a multi-family development the primary access would have to be Highway US 1. Mr. Ward said there plan actually had two access points on Highway US 1 and a third access point on Riveredge Drive. Mr. Ward said that since they are back to a single-family development they are trying to keep a buffer between the development and Highway US 1. Mr. Ward said the only access is off of Riveredge Drive. Mr. Ward said that since they are below the 50-lot requirement they only need one access point. Chairman Williams asked if they have had any feedback from the local residents. Mr. Ward said that the same questions that the Commission has asked are the same questions that they received from the public. Member Baker said that on the map it does show a common area. Mr. Ward said that the small common area is intended for the houses inside the caul-da-sac. Mr. Ward said it is for the properties that do not have riverfront access. Mr. Ward said that the Home Owners Association would have to maintain this area. Mr. Ward said that it is a requirement to have the Home Owners Association. Chairman Williams asked if Staff has received any feedback from the public. Mr. Parrish said that the only feedback was at the first reading at City Council on July 22, Mr. Parrish said there were questions about not having direct access onto Highway US 1 and a question about the use of the riverfront property which are the same questions that have been asked at tonight s meeting. Vice Chairman Chavier asked what the period is on moving forward with this project. Mr. Ward said right now they are going through the design process and would like to start very soon. Mr. Ward said that it will take about 6 months to get the lots ready to build on. Member Scott asked for clarity as to why the public has been opposing the access from Highway US 1. Mr. Parrish said that the concern was regarding a potential increase in traffic from Highway US 1. Chairman Williams said that he thinks the public will be happy with the lighter intensity and thinks it will be a good development. XXX Page 5 of 63 Page 2 of 15

6 Planning and Zoning Commission Regular Meeting August 6, 2014 Vice Chairman Chavier made a motion to approve Rezoning No from R-2 to R-1C. Secretary Chambers seconded. Roll call was as follows: Member Baker Vice Chairman Chavier Member Scott Dr. Tibbitts Secretary Chambers Member Bobik Chairman Williams Yes Yes Yes Yes Yes Yes Yes Motion passed. XXX Ordinance Prohibiting Cultivation of Marijuana Assistant City Attorney Farrell gave an overview of this item. James M. Lytle of 315 Brevard Avenue Cocoa, Florida came to speak regarding this item. Mr. Lytle requested a delay in the Moratorium. Assistant City Attorney Farrell informed Mr. Lytle that the Moratorium is the next item on the agenda to be discussed. Mr. Lytle said he will come back before the Commission on the next item. Member Bobik asked Assistant City Attorney Farrell how she is going to respond to the Bills in Tallahassee. Assistant City Attorney Farrell said she does not have any knowledge of any impending Bills regarding the cultivation of marijuana; however, the Department of Health has been advised to provide regulations regarding the low THC strain. Assistant City Attorney Farrell said that the regulations are in place to regulate the strain that is allowed to grow which is the THC or Charlotte s Web. Assistant City Attorney Farrell said that the cultivation has not yet been regulated pursuant to the legislation that was passed in June Assistant City Attorney Farrell said that the Legislature is not acting on that level to make rules on this subject matter. Assistant City Attorney Farrell said that there could be new laws in the future but she cannot predict what will take place in the future. Member Scott wanted to clarify that what is before the Commission tonight is a recommendation to prohibit the cultivation of marijuana before the vote even happens. Assistant City Attorney Farrell said yes, the intent of this Ordinance is to cover both the single strain that is already been passed into legislation by the Governor as of June 16, 2014 and the future development on any regulations that may come in the future as a result of the November 2014 election. Member Scott said that this Ordinance covers all the bases and says regardless of the zone, Titusville is not allowing the cultivation of any type of marijuana in the City. Assistant City Attorney Farrell said yes, it bans any wild growth. Member Baker asked if it is currently illegal to grow marijuana in the City of Titusville. Assistant City Attorney Farrell said yes it is. Assistant City Attorney Farrell said that this is a bit redundant but the Page 6 of 63 Page 3 of 15

7 Planning and Zoning Commission Regular Meeting August 6, 2014 City of Titusville wants to put the policy on the books to show Titusville s stance regarding this subject matter. Secretary Chambers asked of this cultivation Ordinance also prohibits the selling of the substance. Assistant City Attorney Farrell said that once the product is legalized by the Governor to produce the low THC, it will become permissible to obtain the product. Assistant City Attorney Farrell said that this Ordinance is only prohibiting the growing of the product. Secretary Chambers asked if the Governor has already passed this. Assistant City Attorney Farrell said that the Governor has already passed a single strain of marijuana, which is the low THC or Charlotte s Web strain. Secretary Chambers said he was shocked that this was already signed into Legislature. Secretary Chambers said that he totally disagrees with any type of illegal drugs being grown and sold. Secretary Chambers said he does not think that this type of product should be messed around with and it will cause many problems. Vice Chairman Chavier said that he approves of this Ordinance and appreciates the City of Titusville taking action to let the Titusville citizens know that even though it may be approved on the ballot, it does not mean citizens can go out and start growing marijuana. Vice Chairman Chavier said that he thinks it is import to get the message out early. Chairman Williams said he looks at this like politics. Chairman Williams feels that this Ordinance is redundant. Chairman Williams said he does not support the growing or selling of marijuana but thinks the City of Titusville should step back and be rational by waiting to see what will happen. Chairman Williams said that waiting to see how the majority of the population is voting should also go into consideration. Chairman Williams said that if the majority of the population votes one way they can make Constitutional changes. Chairman Williams said that he is simply saying to let the State agencies regulate it and let the Federal Government regulate it. Chairman Williams said that politics at this level is unneeded. Vice Chairman Chavier says that he does not see this at all as being politics. Vice Chairman Chavier said that he views this as health, wealth and safety of the community. Vice Chairman Chavier said that getting ahead of this is a good thing. Vice Chairman Chavier said that changes can be made in the future at any time and he views this as notice to the citizens on the City of Titusville s stance on this subject matter. Secretary Chambers said that the medical world has enough drugs to take care of medical needs and this product is not needed. Member Scott asked if the City of Titusville already has a policy for banning this. Assistant City Attorney Farrell said that as of today the City of Titusville does not have any policy on file regarding medical marijuana. Assistant City Attorney Farrell said that this Ordinance is the first that has been presented. Member Scott said that she does not think the City of Titusville should have a policy that will supersede a policy that will come in the future. Chairman Williams said again that he feels this is redundant. Vice Chairman Chavier reiterated that this is just putting the citizens on notice. Page 4 of 15 Page 7 of 63

8 Planning and Zoning Commission Regular Meeting August 6, 2014 Assistant City Attorney Farrell apologized for not putting the Moratorium item before the Ordinance on tonight s agenda. Assistant City Attorney Farrell said that she has a handout that she was going to pass out at the beginning of the Moratorium item but will pass out now in case it helps the Commission with their decision process. Assistant City Attorney Farrell passed out a listing of other cities and there Ordinances that they have been created. Chairman Williams requested a five-minute break to review the handout. Chairman Williams said that he just wanted to voice his opinion that sometimes you cannot over react and just have to let the system take care of it. XXX Secretary Chambers made a motion to approve Ordinance XX-2014 Prohibiting Cultivation of Marijuana. Vice Chairman Chavier seconded. Roll call was as follows: Secretary Chambers Vice Chairman Chavier Member Baker Member Bobik Member Scott Dr. Tibbitts Chairman Williams Yes Yes Yes Yes Yes No No Motion passed. XXX Ordinance establishing a Moratorium on the operation of medical marijuana Assistant City Attorney Farrell gave an overview of this item. James M. Lytle of 315 Brevard Avenue Cocoa, Florida came to speak in regards to this item. Mr. Lytle has come to the Commission with a request to change the dates of the Moratorium until 45 days after the first of the year until Senate Bill 1304 is heard, which is about February 15, Mr. Lytle said the request is being made so that future deliveries of the Charlotte s Web strain, which is an oil extract, non-smokeable, can be delivered in Titusville. Mr. Lytle said that requests for this medication have come from Geriatrics and Pediatrics patients to the Sunrise Compassionate Care Company out of Indian Harbor Beach, FL for delivery of this product. Mr. Lytle said that the request is to delay the approval of the Moratorium until February 15, Mr. Lytle said that there are patients in Titusville that can benefit from this medicine. Mr. Lytle said that only five dispensers will exist in Florida. Page 8 of 63 Page 5 of 15

9 Planning and Zoning Commission Regular Meeting August 6, 2014 Vice Chairman Chavier asked why the state has not given authorization to start this process. Mr. Lytle said that right now with only the five-dispensary locations, the delivery service would eliminate families from having to drive to one specific location to get the medicine. Vice Chairman Chavier would like to see Mr. Lytle get with City Staff to see if it would be legal to hold off on the Moratorium. Vice Chairman Chavier said that he could not approve a date change unless City Staff had time to review the information and the reasoning behind the request. Assistant City Attorney Farrell said that the dates selected by the City Attorney s office of May 1, 2015 were selected because it is approximately six months after the Election. Assistant City Attorney Farrell said the referendum might become law after the Election. Assistant City Attorney Farrell said after the Election it would give the City of Titusville six months to evaluate the future regulations that have been put into place. Assistant City Attorney Farrell said that the six-month period also has a built in additional three months if needed for the Moratorium. Mr. Lytle wanted to make sure that there was no confusion between Senate Bill 1304 and Amendment 2. Mr. Lytle said that Senate Bill 1304 is regarding the Charlotte s Web strain, which goes into effect January 1, Mr. Lytle said that medical marijuana, which is addressed on Amendment 2, will be voted on in November 2014 and go on the books in January Mr. Lytle said that there is a sixmonth period for the Department of Health to figure out how they will regulate it. Vice Chairman Chavier asked Assistant City Attorney Farrell if she was aware of the current laws that Mr. Lytle is referring too. Assistant City Attorney Farrell said yes, the Charlotte s Web strain has the five treatment centers as Mr. Lytle explained but she does not believe that the delivery regulations have been put into place regarding this strain yet. Mr. Lytle said that is correct, the delivery portion has not been addressed at this time. Vice Chairman Chavier asked how this Moratorium affects Mr. Lytle s delivery business. Assistant City Attorney Farrell said that it would delay his business. Assistant City Attorney Farrell said that the Moratorium could be lifted at any time. Assistant City Attorney Farrell said that the Moratorium is meant to be effective immediately after the passing of the referendum in November 2014 and give Staff efficient time to put regulations into place. Member Baker said that she does not feel that with the information that she has been provided that she can move forward. Member Baker asked why is the Charlotte s Web strain being treated differently than other drugs that are issued by doctors. Mr. Lytle said that he does not know why it is so heavily regulated. Mr. Lytle said that the Federal Government would have to answer the question as to why this drug is still listed as a scheduled one drug. Member Baker said she is not condoning the use of medical marijuana. Member Baker said most of the doctors that she has spoken with say that there is no real use or point to the drug. Dr. Tibbitts said that the concern is the misuse of the drug. Dr. Tibbitts asked if the drug has to be prescribed by a doctor. Mr. Lytle said no because it is a scheduled one drug. Mr. Lytle said that only 2 prescriptions have ever been written for medical marijuana in the entire United States. Mr. Lytle said that otherwise it is given as a medical recommendation and the State would regulate it. Dr. Tibbitts asked if the medical recommendations go to the five dispensary locations. Mr. Lytle said yes. Dr. Tibbitts asked how the delivery of the product is going to take place. Mr. Lytle said he has a Page 6 of 15 Page 9 of 63

10 Planning and Zoning Commission Regular Meeting August 6, 2014 transportation plan. Mr. Lytle said that the database is registered with the dispensary and with the state, which generates the route plan. Mr. Lytle said that the delivery vehicles are monitored by GPS so that they are tracked very closely and if they go off the route, they are immediately called to see why they are not on the route. Dr. Tibbitts said that there will be great oversight. Mr. Lytle said yes. Chairman Williams asked if the business is based out of Indian Harbor Beach, Florida. Mr. Lytle said yes the Sunrise Compassionate Care Company is located in Indian Harbor Beach, Florida and he has partnered with the business to become the delivery service. Chairman Williams asked if due to the Moratorium Mr. Lytle cannot make deliveries in Titusville. Mr. Lytle said that he cannot establish a business in Titusville if the Moratorium is in effective. Chairman Williams said that if Mr. Lytle is only a delivery service and the business is based out of Indian Harbor Beach, what prohibits Mr. Lytle from making deliveries into Titusville. Assistant City Attorney Farrell said that the Moratorium includes language regarding the distribution of medical marijuana is prohibited. Chairman Williams said if the business is based out of another City, how does the delivery get prohibited. Mr. Parrish said that a Business Tax Receipt would not be permitted in the City of Titusville and the distribution per his interpretation would mean that the product would not be allowed to be delivered into the City of Titusville. Chairman Williams disagrees with the interpretation. Assistant City Attorney Farrell said that the intent for this Moratorium is to prevent any development of permanent structures with delivery services and to allow time for the City of Titusville to put together the regulations and requirements. Chairman Williams asked Assistant City Attorney Farrell if her interpretation of the distribution is that a delivery service from outside of Titusville could not drive through Titusville and make a stop to deliver the product. Assistant City Attorney Farrell said that the Moratorium is intended to prohibit permanent establishment from coming into Titusville and using delivery services. Chairman Williams asked how would the City even regulate the prohibiting of deliveries in Titusville. Assistant City Attorney Farrell said she would have to get back to the Chairman regarding his question because it would pose a loop hole in the Ordinance. Vice Chairman Chavier asked what facilities would the products be delivered to. Mr. Lytle said that the product would have to be delivered to whatever address is in the dispensary s database. Member Bobik asked how the Moratorium will be enforced. Assistant City Attorney Farrell said that the Development Services Department would regulate it by not issuing a Business Tax Receipt to persons interested in establishing such a business in Titusville that is related to medical marijuana. Mr. Parrish said that there are multiple questions out there that have not yet been answered, especially since Staff does not know how Amendment 2 will play out. Mr. Parrish said no one knows how this will actually turn out; therefore, a lot of answers will have to be given at a later time. Member Baker said she applauds Staff for all that they have done. Member Baker said she does not want to come across as not caring and told Mr. Lytle that she is sorry for his personal situation. Chairman Williams said he is not ignorant about drug policy because he had classes regarding drug policies. Chairman Williams said he is conservative regarding the drug policies. Chairman Williams said that after a lot of research he was for banning marijuana products. Chairman Williams said that his eyes have been opened to the fact that it is not as cut and dry as people make it out to be. Chairman Williams said medical marijuana is not for him and neither is alcohol. Chairman Williams said that Page 7 of 15 Page 10 of 63

11 Planning and Zoning Commission Regular Meeting August 6, 2014 this Moratorium is more tangible to him than the Ordinance. Chairman Williams said he does not want to see any dispensaries in Titusville. Chairman Williams said he enjoys skiing in Colorado and when he watches TV on trips, the news is always showing problems that Colorado is having with dispensaries. Chairman Williams said that the problems with the dispensaries are; being able to deposit money, robberies, problems with security etc. Chairman Williams said that there is a host of problems that come with having a dispensary. Chairman Williams said that in Mr. Lytle s case, he does not feel that the City of Titusville can regulate a delivery person coming into Titusville to deliver a product. Chairman Williams said he agrees with Staff that this should not be something Titusville allows and it is good that they have considered allowing time to think it over in the future on how to regulate it further. Chairman Williams said he is one voice in this and wanted to give his opinion. Vice Chairman Chavier asked if the Commission would consider tabling this item. XXX Vice Chairman Chavier made a motion to table agenda item Ordinance establishing a Moratorium on the operation of medical marijuana. Member Bobik seconded. Roll call was as follows: Vice Chairman Chavier Member Baker Member Scott Dr. Tibbitts Secretary Chambers Member Bobik Chairman Williams Yes No Yes No No Yes No Motion failed. XXX Secretary Chambers made a motion to approve Ordinance establishing a Moratorium on the operation of medical marijuana. Dr. Tibbitts seconded. Roll call was as follows: Dr. Tibbitts Member Scott Vice Chairman Chavier Member Baker Member Bobik Secretary Chambers Chairman Williams Yes No No Yes No Yes Yes Motion passed. Page 8 of 15 Page 11 of 63

12 Planning and Zoning Commission Regular Meeting August 6, 2014 Vice Chairman Chavier said that he voted no because the public present is asking for something that is covered by the State which he is legally able to do and does not think it is right that the City can step in and say he cannot do it. Member Bobik said that he voted no because this is beyond the realm of the City. Member Bobik said he feels that the City does not have the right to tell a delivery service that they cannot drive into Titusville and make a delivery. Member Scott said she voted no for the same reasons that Vice Chairman Chavier and Member Bobik voted no. Member Scott said that she just did not have enough information on this item. XXX Interpretation of Uses in Planned Industrial Park (PID) Mr. Parrish gave an overview of this item. Assistant City Attorney Farrell advised the Planning and Zoning Commission that this is an usual request for the Commission but it is a part of their Commission responsibilities to interpret the code to ensure the consistency with the code. Chairman Williams said he did speak with the City Attorney about this regarding keeping the Commission focused on what is presented to the Commission. Mike Werner of 3810 Oak Hill Drive Titusville, Florida came to speak in favor of this item. Mr. Werner said he comes to the Commission tonight as an Officer of Falcon Marine and as the President of the Space Coast Economic Commission. Mr. Werner said over the last several years he has been preaching to bring businesses into Titusville. Mr. Werner said right now Falcon Marine is located at the Port. Mr. Werner said the location as become inadequate and they are looking to move the business. Mr. Werner said that he would like to bring Falcon Marine into North Brevard. Mr. Werner said that most of the places that he has found that are reasonably priced are in the Planned Industrial Park (PID) zoning. Mr. Werner said that when he was doing his research on this he decided to call the acting City Manager Tom Abbate to request a reading on PID because he thought he could bring his business into PID. Mr. Werner said that PID does not exclude building boats. Mr. Werner said that the manufacturing process is a very clean process. Mr. Werner said that he would like to bring a new business into Titusville. Mr. Werner said that he knows boat manufacturing is actually listed in M2 zoning but it is not excluded from the PID zoning. Mr. Werner is asking the Commission to interpret the code in favor for allowing boat manufacturing in PID zoning. Matt McDonald of 3752 Sunward Drive, Florida came to speak regarding this item. Mr. McDonald said he is one of the owners of Falcon Marine. Mr. McDonald said that as Mr. Werner said they are looking to bring Falcon Marine to Titusville, specifically into a PID zoned location. Mr. McDonald said that they do recognize that boat building is specifically listed in M2 zoning. Mr. McDonald said that they interpret that PID zoning s intent is to prohibit the old traditional process of fiberglass boat manufacturing. Mr. McDonald said that the process that they use is completely contained and in an enclosed mold. Mr. McDonald said that there are no fumes that escape. Mr. McDonald said that it is a Page 9 of 15 Page 12 of 63

13 Planning and Zoning Commission Regular Meeting August 6, 2014 very clean, high-tech operation. Mr. McDonald asked that the Commission interpret that they are going to be an advance clean high-tech manufacturing business that would be allowed in PID zoning. Vice Chairman Chavier asked for a more detailed explanation of the process. Vice Chairman Chavier asked how the chemicals etc. get put into the enclosed mold. Mr. McDonald said that they use a variety of techniques. Mr. McDonald said that a process called infusion is used. Mr. McDonald said that hoses from the containers are used to inject the chemicals inside the closed mold. Vice Chairman Chavier said that from what he understands there is very little fumes escaping. Mr. McDonald said that none of the processes that they use release fumes. Vice Chairman Chavier asked if they use any fillers. Mr. McDonald said they do use come fillers but everything they use is clean and safe for the workers. Vice Chairman Chavier said the process is very new because the old fiberglass process was very messy and unsafe. Vice Chairman Chavier asked if the painting and gel coat is done inside. Mr. McDonald said that everything is done inside. Secretary Chambers said that he was one of four engineers that helped develop the process that Mr. McDonald is explaining for the Ford Motor Company at Aerostar. Secretary Chambers said that the plant that he helped develop was one of the cleanest plants. Secretary Chambers said that the process included the gases going into a scrubber to clean it before being released into the air. Secretary Chambers said no one ever complained about the plant, which ran for many years. Secretary Chambers said that he completely understands the process that Mr. McDonald has explained and has no problem with this process being allowed in the PID zoning. Assistant City Attorney Farrell asked Mr. McDonald to explain what might be required by the Department of Environmental Protection with regards to air permits. Mr. McDonald said right now they are conditionally exempted because they have essentially no emission of fumes in the process. Mr. McDonald said there is a small chance they might have to obtain a quantity generator status, simply because of the quantities of materials that might be on hand according to a recording standpoint. Chairman Williams said that from what he gathers the fumes are minimal and the usage of chemicals is minimal. Mr. McDonald said that is correct. John Evans on 1702 S. Washington Avenue Titusville Florida came to speak in favor of this item. Mr. Evans said that most of the PID zoning is in Industrial Parks. Mr. Evans said the Industrial Parks have not had any new businesses in the past 10 years. Mr. Evans said that only 35% of the Industrial Park is sold out and he contributes this to the PID zoning regulations. Mr. Evans said that Falcon Marine will produce about 50 jobs. Mr. Evans said that the City of Titusville passed this ordinance about 10 years ago when Titusville was booming. Mr. Evans said the ordinances were not looked at to see if they needed to be changed with current times. Mr. Evans said that the Commission needs to consider how their vote will affect City Council. Mr. Evans said that if City Council does not like there decision they can change it. Mr. Evans gave the Commission a copy of the M2 Ordinance and the PID Ordinance. Mr. Evans said that the ordinances are the same from a manufacturing point of view. Chairman Williams said that a copy of the ordinances were already include in the agenda packets. Mr. Evans briefly went over both ordinances. Mr. Evans said that if the person drafting the PID ordinance wanted to exclude boat manufacturing; then they would have said so but they did not. Mr. Evans requested Page 13 of 63 Page 10 of 15

14 Planning and Zoning Commission Regular Meeting August 6, 2014 that the Commission interpret the code in favor of allowing the boat manufacturing business into PID zoning. Chairman Williams said that PID and M2 zonings are very similar. Chairman Williams said that he does remember looking at these ordinances. Chairman Williams asked if the documents for Spaceport allow for boat manufacturing. Mr. Parrish said he does not have knowledge of what those documents say. Chairman Williams asked how the current code looks at Hell s Bay Boatworks if they were to have a hurricane and were to be destroyed could they rebuild. Mr. Parrish said that as long as they reestablish the business in 6 months they could continue the use. Chairman Williams said that warehousing is allowed in both PID and M2 zoning. Chairman Williams asked what zoning would the storage of pantyhose be allowed in, M2, PID or both. Ms. Busacca said that as for warehousing in M2, in the Ordinance Section H Section it says warehousing of industrial products, therefore warehousing is permitted in M2 as well as PID zoning. Ms. Busacca said that the way she interprets this is that warehousing of industrial products may be more intense than the warehousing of pantyhose. Ms. Busacca said that if a potential client came to the City asking which of those two zones would work for their product; Staff would have to find out what kind of product it is and see how intensive it is to determine the correct zoning. Ms. Busacca commented on what Mr. Evans said about these zones being essentially the same by saying that Mr. Evans neglected some important words. Ms. Busacca said that in PID it states using preprocessed materials. Ms. Busacca said the example she has is bullet manufacturing. Ms. Busacca said bullets have 3 pieces, outside, the explosive and gunpowder. Ms. Busacca said all three of those items are preprocessed. Ms. Busacca said that in the case of M2 zoning, it is intended not to use preprocessed which is why there is specific language about products from previously prepared products includes fiberglass. Ms. Busacca said that because of the specific language regarding boats and fiberglass that the intended use was zoned for M2. Ms. Busacca said that if the Commission does interpret this differently, then Staff would request that it be described to Staff as to under what conditions the boats and fiberglass are permitted in PID zoning. Ms. Busacca said she would also ask if this was for all boats and all fiberglass etc. so that Staff understands for future applications when interpreting the code. Chairman Williams said that he remembers the PID zone being intended for high-tech industries. Chairman Williams said that this was the goal but that never came about. Chairman Williams said that he recalls the intent. Ms. Busacca said that in Section 541 on page 53 it says it is intended for clean light industry in a park like atmosphere. Ms. Busacca said that the location of this property has not been discussed. Ms. Busacca said that not all PID is located in a park. Ms. Busacca said that this will affect all PID in the City. Member Baker said that she would agree with the City on the zoning regarding to the old process of boat processing however, the only way she could see that this boat manufacturing could fit into PID is with the new process that has been explained by Mr. McDonald. Vice Chairman Chavier said that he sees a lot of differences in the M2 and PID zoning. Vice Chairman Chavier said that PID is not for boat building and manufacturing. Vice Chairman Chavier said that PID should be reserved for its intended purpose which is clean, high-tech, office type industries etc. Chairman Williams said he looked up the meaning of PID. Chairman Williams said that the whole idea was to centralize industry away from residential and put it in one spot. Page 11 of 15 Page 14 of 63

15 Planning and Zoning Commission Regular Meeting August 6, 2014 Chairman Williams said that the requirement to build and store a product is 5 acres but if you build it and sell it the requirement is 10 acres, which does not makes sense to him. Chairman Williams said he believes that the Commission needs to be careful when dealing with Industrial zoning. Chairman Williams said the intent for PID is to put lower intense industrial businesses separate from residential. Chairman Williams said he sees prohibited Uses in other codes but he does not see it in PID. Chairman Williams said that in code writing when you do not want something in the zone you have to make clear what is specifically not allowed. Secretary Chambers asked Mr. McDonald if the sheet compound for molding the sides of the boats is made on site in the building. Mr. McDonald said yes everything they do is inside. Chairman Williams asked if the Commission finds that this is compatible what is the impact. Assistant City Attorney Farrell said that the request before the Commission is to evaluate the code and interpret the request for consideration of consistency with the code when looking at the different zoning categories. Assistant City Attorney Farrell said that as a result of the Commissions analysis the Commission should be able to say that this application does or does not meet the requirements of a permitted Use in the PID zone and why. Chairman Williams asked if the Commission understood what is being asked of them. The Commission members said yes. Member Baker said that if the code could be changed to read that the process must be clean and safe that her opinion is that it should be allowed in PID zoning. Member Baker said that regular fiberglass processing should stay in M2. Member Baker said that the process, if permitted in PID, could not be changed and would have to be kept clean. Vice Chairman Chavier asked where the boats are kept once they are complete. Mr. Werner said that they are shipped out immediately because they are built to order. Mr. Werner said that the boats are not stored on site at all. Chairman Williams said if all parts are made in M2 and brought over to PID and assembled, is that permissible. Mr. Parrish said yes. Chairman Williams said that he does not see that PID would prohibit boat manufacturing and the code does not specifically say it is prohibited; therefore, he interprets the code as being acceptable. Vice Chairman Chavier said he disagrees with Chairman Williams because he sees a clear division in the Uses. Vice Chairman Chavier said that if boat manufacturing was permitted in PID it would have been specifically written in the code. Vice Chairman Chavier said that it specifically says it is permitted in M2 but not PID. Vice Chairman Chavier said that PID should be saved for its intended Use. Chairman Williams said the difference he sees is the raw material verses putting it together. Secretary Chambers said that neither code specifically says what types of industries can and cannot come into the zones. Secretary Chambers said that M2 is intended for heavy industry and PID is for light industry and his opinion is that boat manufacturing is light industry. Mr. Evans wanted to give the name of the process, which is Closed Molded Fiberglass. Page 12 of 15 Page 15 of 63

16 Planning and Zoning Commission Regular Meeting August 6, 2014 Vice Chairman Chavier said that the intent should be looked at and the intent for this type of business is not intended for PID. Chairman Williams said he is trying to determine what would be high-technology. Chairman Williams said that electric cars would be permissible in PID. Chairman Williams said that a lot would also go into making jet skis. Chairman Williams said that his opinion is that this intent is vague. Vice Chairman Chavier said that the process is high-technology but he does not feel that boat building is the intended use for high-technology. Assistant City Attorney Farrell would like for the Commission member making the motion to state the reasoning behind supporting the motion. Member Baker asked if in the motion a stipulation can be added that the process has to be the enclosed molded clean process with no fumes etc. to be permitted in the PID zone. Chairman Williams said that the code should not be tailored to one specific business. Member Baker said she does not oppose this use in PID zone if the process is identified as clean and enclosed without fumes etc., however she does oppose if the old process is used. Assistant City Attorney Farrell said that because the interpretation is vague Staff is asking for as much detail from the Commission on the interpretation of the code to see what is and is not permissible and it should be stated as a part of the motion. XXX Secretary Chambers made a motion that the interpretation is to permit the manufacturing of boats in the Planned Industrial Park (PID). Dr. Tibbitts seconded. Roll call was as follows: Member Baker Vice Chairman Chavier Dr. Tibbitts Secretary Chambers Member Bobik Chairman Williams No No Yes Yes Yes Yes Motion passed. Chairman Williams voted yes because it is a gray area and is not clearly stated; therefore, that is why it is acceptable. Dr. Tibbitts said she voted yes because times have changed and believes the codes need to be changed for current times. Page 16 of 63 Page 13 of 15

17 Planning and Zoning Commission Regular Meeting August 6, 2014 XXX Ordinance Relating to Car Washes in Downtown Mixed Use (DMU) Mr. Parrish gave an overview of this item. John Evans P.A. of 1702 S. Washington Avenue Titusville, Florida came to speak in favor of this item. Mr. Evans provided a map of the property. Mr. Evans said that the ordinance change went before City Council and was approved 5-0. Mr. Evans is requesting that this be re-established. Mr. Evans said that this area has been a dead zone for years. Mr. Evans said that the use of the car wash will benefit those persons who want to wash off their boats from the salt water and also vehicles who would like to get the salt off cars etc. Mr. Evans said that it will increase property values. Mr. Evans said that no other car wash exist in the immediate area. Mr. Evans said that this will provide more jobs and can only be used for a car wash. Dr. Tibbitts asked if the map that Mr. Evans gave is the current existing buildings. Mr. Evans said yes. Vice Chairman Chavier asked about the terms of signage and bringing it up to codes. Mr. Evans said that Staff already said that it has to be brought up to code. Mr. Parrish said that a Conditional Use may be required which means it would be back in front of the Planning and Zoning Commission at a later date. Dr. Tibbitts asked why it might have to be a Conditional Use. Mr. Parrish said that on page 75 of the agenda packet, it says said facility shall be required to proceed through Conditional Use Permit approval process if the site is not fronting and have all ingress/egress from a Principle or Minor Arterial roadway. Mr. Parrish said that Palm Avenue is just a local road, which would be the reason this would go through a Conditional Use. XXX Vice Chairman Chavier made a motion to approve Ordinance Relating to Car Washes in Downtown Mixed Use (DMU). Dr. Tibbitts seconded. Roll call was as follows: Member Baker Vice Chairman Chavier Dr. Tibbitts Secretary Chambers Member Bobik Chairman Williams Yes Yes Yes Yes Yes Yes Motion passed. Page 14 of 15 Page 17 of 63

18 Planning and Zoning Commission Regular Meeting August 6, 2014 XXX Reports Mr. Parrish said that he would like to know if the Commission would like to table the Municode demonstration until the next scheduled meeting. Chairman Williams said that he would like to table this item. Mr. Parrish said he did provide some snap-shots of how to use Municode for each of the Commission members. Mr. Parrish said that he provided a contact list for each of the Commission Members and he is asking everyone to check over their personal contact information and let Staff know if there are any changes. Mr. Parrish said he provided a map of the bus shelter locations for each of the Commission Members. School Board Member Patricia Hare said that the School Board has been very busy and this past Thursday they finished a survey of 86 schools and the needs for facility updates and refurbishing. Ms. Hare said that this was in preparation of drafting the ballot for the ½ cent sales tax. Ms. Hare said that the request is to have the ½ cent sales tax begin January 1, 2015 for six years and to be used exclusively to update facilities, school security and technology upgrades. Ms. Hare said that they did approve a 10 cent increase for school lunch because they have to meet law requirements. Ms. Hare said that the School had to make changes regarding duel enrollment. Ms. Hare said that the accountability and testing report from Karen Shaffer gave the District the grade of a B for the State. Dr. Tibbitts said she is glad that the Commission passed the zoning for Barnlight Lighting because he has hired people like he promised and she said it is wonderful. XXX Petitions and Requests from Public Present None XXX Adjournment 9:16 p.m. Page 15 of 15 Page 18 of 63

19 Category: 9. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Planning and Growth Management Director Right-of-Way Vacation No Request to vacate a public right of way. Department/Office: Planning and Growth Management Recommended Action: Staff recommends approval of Right-of-Way Vacation No and the Adoption of Resolution No. XX-2014 to vacate a portion of right of way located at Pelican Point Condominiums. Summary Explanation & Background: The City of Titusville is initiating this request to vacate a portion of the property that was not vacated with Resolution No ; vacating a 500 foot right-of-way that was overlooked and omitted during the approval of Right-of-Way Vacation No and related Resolution Nos and Alternatives: 1. Recommend approval of the resolution. 2. Do not recommend approval of the resolution. Item Budgeted: NA Source/use of funds/budget Book Page: NA Strategic Plan: No. 2 Promote Economic Development Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type Staff Report 7/25/2014 Backup Material Resolution 8/28/2014 Backup Material Exhibit A 7/25/2014 Backup Material Aerial 6/18/2014 Backup Material Page 19 of 63

20 City of Titusville Staff Report PLANNING & ZONING COMMISSION AGENDA ITEM RIGHT-OF-WAY VACATION (ROW) No Meeting Date: August 20, 2014 Prepared By: Applicant(s): Brad Parrish, Principal Planner City of Titusville Staff Recommendation: Approve Right-of-Way Vacation No Background Information The purpose of this City initiated request is to vacate a portion of public right-of-way erroneously omitted in Vacate Resolution No The right-of-way is located at the entrance to the Pelican Point Condominiums at 2465 South Washington Avenue. The original purpose of the request in 2002 was to allow for the installation of a security gate at the Pelican Point Condo entrance. In 2002, Vacate application No was sent to the various public and private utility providers. Their comments as submitted in 2002 are provided below and are enclosed as part this report. 1. CITY GAS COMPANY OF FLORIDA Will require an easement (9/3/2002) 2. FLORIDA POWER AND LIGHT No objection (7/9/2014) 3. BELLSOUTH Will require an easement (9/4/2002) 4. TIME WARNER CABLE Will require an easement (8/30/2002) 5. CITY OF TITUSVILLE WATER RESOURCES DEPARTMENT Will require an easement (8/28/2002) 6. CITY OF TITUSVILLE PUBLIC WORKS Will require an easement (7/31/2002) 7. CITY FIRE DEPARTMENT No objection. (6/9/2014) Staff Analysis In 2002, the Pelican Point Condominium Homeowners Association informed the City of their intent to install a security gate at the entrance to South Washington Avenue. The City staff identified the easternmost 120 feet of right-of-way as benefitting only the Pelican Point Page 20 of 63 Q:\Planning Admin\Laurie's Review Folder 2014\Right-Of-Way Vacations\ROW-#4-2014\Staff Report P&Z ROW docx

21 Planning and Zoning Agenda: ROW # Condominiums. By owning this portion of the right-of-way, the Association made all the improvements desired on their own property, gained complete access control to their entranceway, and relieved the City of maintenance responsibilities for the roadway. On November 12, 2002, Resolution No was approved by Council with the condition that a drainage and utility easement be reserved over the entire length and width of the right-of-way. The issue today is the Resolution was approved with an incomplete legal description, thus leaving the City responsible for the continued maintenance of a portion of the right-of-way. Approval of ROW No will vacate the remaining portion of the right-of-way. Recommendation The staff finds the request will not impact City services and recommends approval of Right-of- Way Vacate application ROW No and the adoption of the related resolution with the condition that a drainage and utility easement be reserved over the entire length and width of the right-of-way Upcoming Council Hearing A public hearing before the City Council is scheduled for September 9, Page 21 of 63 Page 2 of 2

22 RESOLUTION NO. XX-2014 A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA, VACATING, ABANDONING, AND DISCONTINUING CERTAIN PUBLIC STREETS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a portion of right-of-way described in Exhibit A was incorrectly omitted during the approval of Right-of-Way Vacation application No and related Resolutions Nos and WHEREAS, notice of the public hearing was duly published in the Florida Today on August 14, 2014 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. 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 except that the City expressly reserves a drainage and utility easement over the entire length and width of the vacated right-of-way. 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 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED, this day of ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk ROW# pg. 1 Page 22 of 63

23 EXHIBIT A LEGAL DESCRIPTION FOR RIGHT-OF-WAY VACATION: A parcel of land lying in and being part of Section 15, Township 22, South, Range 35 East, City of Titusville, Brevard County, and Florida. Being more particularly described as follows: The East feet of lands described in Official Records Book 2632, Page 0903 Public Records of Brevard County, Florida. Said parcel containing Square feet ( Acres), more or less. ROW# pg. 2 Page 23 of 63

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25 EXHIBIT "A" IN WASH GTON AV S Legend Subject Property Page 25 of 63. VACATE ROW #4-2014: Aerial Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Feet Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

26 Category: 9. Item: B. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Planning and Growth Management Director Small Scale Amendment (SSA) No from Conservation to Residential High Density and Rezone from Open Space and Recreation (OR) to Multifamily High Density (R-3) at 1800 Harrison Street Department/Office: Planning and Growth Management Recommended Action: Conduct Public Hearing and Approve Ordinance No related to Small Scale Amendment (SSA) No to amend the comprehensive plan future land use map and Ordinance No to rezone the 16 acre property located at 1800 Harrison Street, from Conservation to Residential High Density and Rezone from Open Space and Recreation (OR) to Multifamily High Density (R-3). Summary Explanation & Background: On November 26, 2013, the City Council approved an Advisability for staff to bring forward future land use and/or zoning map inconsistencies, as they are discovered, for consideration. This Small Scale request is a City initiated amendment to the comprehensive plan future land use and zoning maps for property located at 1800 Harrison Street, for purposes of replacing the Conservation future land use and O.R. zoning from a developed portion of the property with an appropriate residential land use and zoning. Alternatives: 1. Recommend approval of the ordinance 2. Do not recommend approval of the ordinance Item Budgeted: NA Source/use of funds/budget Book Page: NA Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type Staff Report 7/31/2014 Backup Material Page 26 of 63

27 existing future land use 7/14/2014 Backup Material proposed future land use 7/14/2014 Backup Material existing zoning 7/14/2014 Backup Material proposed zonng 7/14/2014 Backup Material Aerial 7/31/2014 Backup Material Land Use Ordinance 8/14/2014 Backup Material Rezoning Ordinance 8/14/2014 Backup Material Page 27 of 63

28 City of Titusville Staff Report PLANNING AND ZONING COMMISSION AGENDA ITEM Comprehensive Plan Future Land Use Small Scale Map Amendment with Rezoning (SSA) No Meeting Date: August 12, 2014 Prepared By: Applicant(s): Applicant s Request: Brad Parrish, Principal Planner City Initiated Amendment Request to amend the comprehensive plan future land use map from Conservation to Residential High Density and rezone from Open Space and Recreation (OR) to Multi Family High Density Residential (R-3). Staff Recommendation: Approve ordinances to amend the future land use and zoning maps. Background Information On November 26, 2013, the City Council approved advisability for staff to bring forward possible errors on the future land use and/or zoning map, as they are discovered, for consideration. This City initiated Small Scale map amendment application No will rectify an inconsistency on property located at 1800 Harrison Street with an Assisted Congregate Living Facility (ACLF). The request proposes to amend the future land use and zoning maps for a developed portion of the property, approximately acres, from the Conservation FLU to Residential High Density and rezone the same area from the Open Space and Recreation (OR) zoning district to the Multi Family High Density Residential (R-3) zoning. Property Information Property Use Existing ACLF (9 acres) Proposed ACLF (9 acres) Future Land Use Zoning Acreage Conservation Open Space and Recreation (OR) 11.5 Residential High Density Multi Family High Density Residential (R-3) 4.5 Conservation Open Space and Recreation (OR) 6.82 Residential High Density Multi Family High Density Residential (R-3) 9.18 Page 28 of 63 Q:\Planning Admin\Laurie's Review Folder 2014\SSA\SSA-#4-2014\Staff Report P&Z SSA docx

29 Planning and Zoning Commission Agenda Item: SSA No Surrounding Property Information Existing Use Future Land Use Zoning #orth Vacant Conservation Open Space and Recreation (OR) South Multifamily Residential High Density Multi Family High Density Residential (R-3) East Vacant Commercial Conservation West Vacant Conservation Commercial High Intensity Residential High Density Open Space and Recreation (OR) Community Commercial (CC) Open Space and Recreation (OR) Multi Family High Density Residential (R-3) Staff Analysis In 1987, the existing ACLF was developed on a 9+ acre area of the property and approximately 4.5 acres of wetlands located to the rear of the site were preserved. The developed area includes a building expansion that was approved by a conditional use permit in In 1993, the Conservation future land use (FLU) and Open Space and Recreation (OR) zoning district were applied to the northern 11.5 acres, which included a significant portion of the developed area. As the Conservation FLU and OR zoning do not permit an ACLF development, the staff has initiated these map amendments to correct these erroneous land use and zoning designations. The staff informed the owner of the City s intent to change the FLU and rezone the property. The City has not received a response or a proposal to expand the existing development or change the use. The staff requests an approximately 4.68 acre portion of the development as illustrated in the attached map exhibits be designated Residential High Density FLU and rezoned to Multi Family High Density Residential (R-3). The remaining 4.5 acre wetland area located at the north end of the property will continue to be designated with the Conservation FLU and zoned OR. The requested FLU and rezoning are compatible with the surrounding areas and are consistent with the Objectives and Policies of the comprehensive plan, including all the review criteria specified in Sections FLU Amendment Sprawl [Criteria] and (c) Rezoning [Criteria] of the Land Development Code. The proposed FLU will not encourage sprawl, public utilities and services already serve the development, and there are no environmental or level of service impacts as the development currently exists. Recommendation The staff recommends approval of application SSA No to correct the FLU map by replacing Conservation with the Residential High Density FLU and rezone the same 4.68 acre area from the Open Space and Recreation (OR) zoning district to the Multi Family High Density Residential (R-3). Page 29 of 63 Page 2 of 2

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35 ORDINANCE NO AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO , WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY AMENDING THE FUTURE LAND USE MAP ON CERTAIN PROPERTY AT 1800 HARRISON STREET APPROXIMATELY 180 FEET EAST OF ROYAL OAK DRIVE FROM ITS PRESENT CONSERVATION TO RESIDENTIAL HIGH DENSITY DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Titusville received applications for Comprehensive Plan Amendments from certain property owners; and WHEREAS, the plan amendment qualifies as Small Scale Amendments pursuant to Chapter of Florida Statutes; and WHEREAS, the City of Titusville, pursuant to Chapter 163, desires to amend its Comprehensive Plan adopted by Ordinance No ; and WHEREAS, the City of Titusville finds that said Small Scale Comprehensive Plan Amendments have been processed in accordance with the applicable law and desires to amend its Comprehensive Plan to change the land use classification on said properties; and WHEREAS, the City Council of the City of Titusville desires to amend its Future Land Use Plan Map. BE IT ENACTED BY THE CITY COUNFIL OF THE CITY OF TITUSVILLE, FLORIDA, as follows: Section 1. The City Council of the City of Titusville, Florida hereby adopts Small Scale Comprehensive Plan Amendment (SSA) No and amends its Future Land Use Map by changing the land use designation of the following described property located north of Harrison Street and approximately 180 feet east of Royal Oaks Drive from its present Conservation land use to Residential High Density land use as indicated A PART OF THE SOUTH 78 ACRES OF SAID SOUTHEAST ¼ OF SECTION 9 AND THAT PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16, LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF HARRISON STREET (AN 80 R/W); ALL BEING IN TOWNSHIP 22 SOUTH, RANGE 35 EAST, BREVARD COUNTY, FLORIDA; DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ¼ OF SECTION 9; THENCE N W. ALONG THE EAST LINE OF SAID SOUTHWEST ¼, A DISTANCE OF ; THENCE S W., A DISTANCE OF FEET; THENCE N W., A DISTANCEOF FEET; THENCE S W., A DISTANCE OF FEET; THENCE N W., A DISTANCE OF FEET; THENCE S W., A DISTANCE OF FEET; THENCE N W., A DISTANCE OF FEET; THENCE N W., A DISTANCE OF FEET; THENCE Ordinance o SSA o Page 1 of 2 Page 35 of 63

36 S E., A DISTANCE OF FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 30 DEGRESS 30 MINUTES 00 SECONDS, AN ARC LENGTH OF FEET, AND A CHORD WHICH BEARS SOUTH 65 DEGRESS 15 MINUTES 00 SECONDS EAST TO ITS POINT OF TANGENCY; THENCE S E., A DISTANCE OF FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16; THENCE N W., ALONG SAID EAST LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTIANING 9.18 ACRES MORE OR LESS. BEARINGS ARE BASED UPON THE EAST LINE OF THE SOUTHWEST ¼ OF SECTION 9 BEARING, NORTH WEST. Section 2. This ordinance shall take effect on the day of, 2014 (31 days after adoption) pursuant to Section (5)(c ) Florida Statutes. PASSED AND ADOPTED this day of, ATTEST: James H. Tulley Jr., Mayor Wanda F. Wells, City Clerk Ordinance o SSA o Page 2 of 2 Page 36 of 63

37 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING A PORTION OF PROPERTY AT 1800 HARRISON STREET LOCATED APPROXIMATELY 180 FEET EAST OF ROYAL OAK DRIVE FROM ITS PRESENT OPEN SPACE AND RECREATION (OR) ZONING TO MULTIFAMILY HIGH DENSITY RESIDENTIAL (R-3) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TITUSVILLE, FLORIDA as follows: Section 1. Ordinance No is hereby amended by amending the Zoning Map of the City of Titusville, Florida, made a part of said Ordinance by reference, by designating the following described property: A PART OF THE SOUTH 78 ACRES OF SAID SOUTHEAST ¼ OF SECTION 9 AND THAT PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16, LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF HARRISON STREET (AN 80 R/W); ALL BEING IN TOWNSHIP 22 SOUTH, RANGE 35 EAST, BREVARD COUNTY, FLORIDA; DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ¼ OF SECTION 9; THENCE N W. ALONG THE EAST LINE OF SAID SOUTHWEST ¼, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE N.O W., A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID SOUTH 78 ACRES OF THE SOUTHWEST ¼ OF SECTION 9, THENCE S W., A DISTANCE OF FEET; THENCE S E., A DISTANCE OF FEET; THENCE S E., A DISTANCE OF FEET; THENCE S E., A DISTANCE OF FEET; THENCE N E., A DISTANCE OF FEET; THENCE S E., A DISANCE OF FEET; THENCE N E., A DISTANCE OF FEET; THENCE S E., A DISTANCE OF FEET; THENCE S E., A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING 6.82 ACRES MORE OR LESS. BEARINGS ARE BASED UPON THE EAST LINE OF THE SOUTHWEST ¼ OF SECTION 9 BEARING, NORTH WEST. To be rezoned from Open Space and Recreation (OR) to Open Space and Recreation (OR) zoning. Section 2. Ordinance No is hereby amended by amending the Zoning Map of the City of Titusville, Florida, made a part of said Ordinance by reference, by designating the following described property: A PART OF THE SOUTH 78 ACRES OF SAID SOUTHEAST ¼ OF SECTION 9 AND THAT PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16, LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF HARRISON STREET (AN 80 R/W); ALL Ordinance SSA o Page 1 of 2 Page 37 of 63

38 BEING IN TOWNSHIP 22 SOUTH, RANGE 35 EAST, BREVARD COUNTY, FLORIDA; DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ¼ OF SECTION 9; THENCE N W. ALONG THE EAST LINE OF SAID SOUTHWEST ¼, A DISTANCE OF ; THENCE S W., A DISTANCE OF FEET; THENCE N W., A DISTANCEOF FEET; THENCE S W., A DISTANCE OF FEET; THENCE N W., A DISTANCE OF FEET; THENCE S W., A DISTANCE OF FEET; THENCE N W., A DISTANCE OF FEET; THENCE N W., A DISTANCE OF FEET; THENCE S E., A DISTANCE OF FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO COURSES AND DISTANCES; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 30 DEGRESS 30 MINUTES 00 SECONDS, AN ARC LENGTH OF FEET, AND A CHORD WHICH BEARS SOUTH 65 DEGRESS 15 MINUTES 00 SECONDS EAST TO ITS POINT OF TANGENCY; THENCE S E., A DISTANCE OF FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16; THENCE N W., ALONG SAID EAST LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTIANING 9.18 ACRES MORE OR LESS. BEARINGS ARE BASED UPON THE EAST LINE OF THE SOUTHWEST ¼ OF SECTION 9 BEARING, NORTH WEST. To be rezoned from Open Space and Recreation (OR) to Multifamily High Density Residential (R-3) zoning. Section 3. This ordinance shall take effect immediately. PASSED AND ADOPTED this day of, ATTEST: James H. Tulley Jr., Mayor Wanda F. Wells, City Clerk Ordinance SSA o Page 2 of 2 Page 38 of 63

39 Category: 9. Item: C. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Planning and Growth Management Director Small Scale Amendment (SSA) No from Conservation to Public/Semi-Public and Rezone from Open Space and Recreation (OR) to Hospital Medical (HM) at 951 North Washington Avenue. Department/Office: Planning and Growth Management Recommended Action: Approve Ordinances No and related to Small Scale Amendment (SSA) No to amend the comprehensive plan future land use map and zoning map by changing a 4.43 acre property located at 951 North Washington Avenue, from Conservation to Public/Semi-Public and Rezone from Open Space and Recreation (OR) to Hospital Medical (HM). Summary Explanation & Background: On November 26, 2013, the City Council approved an Advisability for staff to bring forward future land use and/or zoning map inconsistencies, as they are discovered, for consideration. This Small Scale request is a City initiated amendment to the comprehensive plan future land use and zoning maps for property located at 951 North Washington Avenue, for purposes of replacing the Conservation future land use and O.R. zoning from a vacant portion of the property with an appropriate institutional land use and zoning. Alternatives: 1. Recommend approval of the ordinances. 2. Do not recommend approval of the ordinances. Item Budgeted: NA Source/use of funds/budget Book Page: NA Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type Page 39 of 63 Staff Report 8/14/2014 Backup Material existing future land use 7/25/2014 Backup Material

40 proposed future land use 7/25/2014 Backup Material Existing Zoning Map 7/25/2014 Backup Material Proposed Zoning Map 7/25/2014 Backup Material 2014 Concept Plan 8/14/2014 Backup Material 2014 aerial 8/14/2014 Backup Material 2002 aerial 8/14/2014 Backup Material 1999 aerial 8/14/2014 Backup Material Future Land Use Ordinance 8/14/2014 Backup Material Rezoning Ordinance 8/14/2014 Backup Material Page 40 of 63

41 City of Titusville Staff Report PLANNING & ZONING COMMISSION AGENDA ITEM Comprehensive Plan Future Land Use Small Scale Map Amendment with Rezoning (SSA) No Meeting Date: August 20, 2014 Prepared By: Applicant(s): Applicant s Request: Brad Parrish, Principal Planner City Initiated Amendment Request to amend the comprehensive plan future land use map from Conservation to Public/Semi-Public and rezone from Open Space and Recreation (OR) to Hospital Medical (HM). Staff Recommendation: Recommend approval of ordinances to amend the future land use and zoning maps. Background Information On November 26, 2013, the City Council approved advisability for staff to bring forward possible errors on the future land use and/or zoning map, as they are discovered, for consideration. This City initiated Small Scale map amendment application No will rectify an inconsistency on an approximately acre portion of property owned by the North Brevard County Hospital District (Parrish Medical Center). The subject area is located on Jess Parrish Court, approximately 860+ feet east of North Washington Avenue, with an address of 951 North Washington Avenue. The request proposes to amend the future land use map (FLUM) and zoning from the Conservation FLU to Public/Semi-Public FLU and rezone the same area from the Open Space and Recreation (OR) zoning district to the Hospital Medical (HM) zoning for purposes of constructing a 28,200 square foot geriatric center. Property Information Property Use Future Land Use Zoning Existing Vacant hospital land Conservation Open Space and Recreation (OR) Proposed Geriatric center and medical equipment repair Public/Semi-Public Hospital Medical (HM) Surrounding Property Information Existing Use Future Land Use Zoning!orth South Retention pond and (proposed) trail pavilion Nursing home and medical offices Public/Semi-Public Commercial High Intensity Hospital Medical (HM) Hospital Medical (HM) Page 41 of 63 Q:\Planning Admin\Laurie's Review Folder 2014\SSA\SSA-#5-2014\Staff Report P&Z SSA docx

42 Planning & Zoning Commission Agenda Item: SSA No Surrounding Property Information Existing Use Future Land Use Zoning East Nursing home Conservation [inconsistent land use] West Overflow parking lot Public/Semi-Public and Commercial High Intensity Open Space and Recreation (OR) [inconsistent zoning] Hospital Medical (HM) Staff Analysis In 1991, the Parrish Medical Center was developed on a 54+ acre parcel located at 951 North Washington Avenue. During the citywide administrative rezoning in 1993, the parcel was rezoned Hospital Medical (HM), Office Professional (OP), Public (P) and Open Space and Recreational (OR). In 2002, the HM, OP and P zoning districts were consolidated into the HM zoning by Ordinance No and the subject area with the existing OR zoning remained in effect. On October 12, 1999, permit No (as amended) was issued by the St. Johns Water Management District to allow the subject area to be graded and for the creation of a mitigation wetland located at the northeast portion of the overall 54 acre parcel (see attached wetland mitigation plan excerpts from permit No ). In 2011, a site plan was approved to construct a 26,000 square foot medical building at the subject area. The building was never constructed. In April 2014, the staff received a request to conduct a preliminary concurrency review of a concept plan to construct a 28,200 square foot geriatric center at the subject area. It was during this review that staff determined the existing Conservation FLU and OR zoning were inconsistent with the existing site conditions and prior approvals by the City and the St. Johns Water Management District. The subject area is vacant and a wetland no longer exists at this location. The staff informed the property owner of the City s intent to change the FLU and rezone the property and received no objection. The staff requests that an approximately acre portion of the property as illustrated in the attached map exhibits be designated Public/Semi-Public FLU and rezoned to Hospital Medical (HM). The remaining portions of the 54 acre hospital parcel will maintain their current FLU and zoning designations. The requested FLU and rezoning for the subject area are compatible with the surrounding areas and are consistent with the Objectives and Policies of the comprehensive plan, including all the review criteria specified in Sections FLU Amendment Sprawl [Criteria] and (c) Rezoning [Criteria] of the Land Development Regulations (LDR). Future Land Use Map Amendment Sprawl Statement The proposed FLU request does not encourage sprawl as defined in Section of the Code. City utilities and public facilities are available to serve the subject area. The property is located in the City s urban service area and the land use change will not endanger agricultural, conservation or areas of open space. Review Criteria Section (c) of the LDR lists the review criteria under which the Planning and Zoning Commission and the City Council review applications. The following are staff s findings. 1. Comprehensive Plan Consistency Statement. The requests are consistent with the following Objective and Policies of the Comprehensive Plan. [Future Land Use Element (FLUE)] Objective 1.14: Public/Semi-Public Land Use. The City of Titusville shall provide for appropriate and adequate land for public/semi-public land uses through the designation of Public/Semi Public Land Use. Page 42 of 63 Page 2 of 4

43 Planning & Zoning Commission Agenda Item: SSA No [FLUE] Policy : Designate Conservation land uses on the Future Land Use Map based upon site specific studies and field determinations as primary data sources consistent with the Goals, Objectives and Policies of the Conservation Element [Objective 1.6]. [FLUE] Policy : Impacts to areas designated as Conservation land use designation shall be considered if it is unavoidable due to absence of feasible and/or practical alternatives for reasonable use of the land, or the regulations create an inordinate burden on an existing use of the land or a vested right to a specific use of the land, or due to significant site constraint and/or practical design modification constraint. The allowable impacts shall be based upon site specific evaluation determined through the permitting process conducted by all the regulatory agencies with jurisdiction Public facilities are available and concurrent with the land use change per the Comprehensive Plan and Concurrency provisions of the LDRs. The properties are located in the City s urban service area and water and sewer services are available to serve the property concurrent with the proposed development. Transportation impact. The project will not affect the level of service (LOS) standards on North Washington Avenue. Solid Waste is available to serve the property Public streets are adequate to access the property. The concept plan that was submitted for preliminary concurrency review included a shared parking and access driveway with the adjacent Parrish Medical Center. The plan also included driveways on Jess Parrish Road. The proposed development shall be reviewed for any access management issues during the formal site plan review process The land will support the proposed development and should not be subject to flooding or other physical constraints provided new development adheres to the requirements specified in Chapter 35 Article III Stormwater Management, Conservation and Aquifer Protection of the Code Environmental impact. New development must adhere to the performance standards in Chapter 35 Article III Stormwater Management, Conservation and Aquifer Protection of the Code. 2. The rezoning application is consistent with the Land Development Regulations. The proposed development will be reviewed for consistency with the LDRs once it is formally submitted. 3. Consistency of existing zoning. The existing zoning, if deemed consistent with the Comprehensive Plan, shall be presumed correct unless substantial change in the area has occurred since the original zoning. The existing zoning is inconsistent with the site conditions and prior approvals by the City and the St. Johns Water Management District. 4. The intensity of the current and proposed zoning are the same and consistent with the development in the area. 5. The application is consistent with zoning in the area. The surrounding zoning is primarily HM with medical service buildings, clinics and offices. 6. The application will protect the public health, safety, morals or welfare of the general public. The proposed HM zoning district is compatible with the surrounding area. A hospital, medical service buildings and offices are adjacent to the subject area. A medical use is consistent with the proposed zoning district. Page 43 of 63 Page 3 of 4

44 Planning & Zoning Commission Agenda Item: SSA No Buffering and screening from adjacent uses. Buffering and screening shall adhere to the criteria of the HM zoning district and criteria specified in Chapter 35 Article II Landscaping. Substantial reasons why the property cannot be used in the existing zoning district. The existing zoning district is inconsistent with the current site conditions and prior approvals by the City and the St. Johns Water Management District. Recommendation The staff recommends approval of application SSA No to correct the FLU map by replacing Conservation with the Public/Semi-Public FLU and rezone the same 4.43 acre area from the Open Space and Recreation (OR) zoning district to the Hospital Medical (HM). Attachments Existing future land use map Proposed future land use map Existing zoning map Proposed zoning map 2014 concept plan 2014 aerial 2002 aerial 1999 aerial 2000 St. Johns Water Management District permit plan (excerpts) Page 44 of 63 Page 4 of 4

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53 ORDINANCE NO AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO , WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY AMENDING THE FUTURE LAND USE MAP ON CERTAIN PROPERTY AT 951 NORTH WASHINGTON AVENUE APPROXIMATELY 860 FEET EAST OF NORTH WASHINGTON AVENUE ON JESS PARRISH COURT FROM ITS PRESENT CONSERVATION TO PUBLIC/SEMI-PUBLIC DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Titusville received applications for Comprehensive Plan Amendments from certain property owners; and WHEREAS, the plan amendments qualify as Small Scale Amendments pursuant to Chapter of Florida Statutes; and WHEREAS, the City of Titusville, pursuant to Chapter 163, desires to amend its Comprehensive Plan adopted by Ordinance No ; and WHEREAS, the City of Titusville finds that said Small Scale Comprehensive Plan Amendments have been processed in accordance with the applicable law and desires to amend its Comprehensive Plan to change the land use classification on said properties; and WHEREAS, the City Council of the City of Titusville desires to amend its Future Land Use Plan Map. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TITUSVILLE, FLORIDA, as follows: Section 1. The City Council of the City of Titusville, Florida hereby adopts Small Scale Comprehensive Plan Amendment (SSA) No and amends its Future Land Use Map by changing the Land Use Designation of the following described property located at 951 North Washington Avenue approximately 860 feet east of North Washington Avenue from its present Conservation Land Use to Public/Semi-Public Land Use as indicated A PARCEL OF LAND LYING IN GOVERNMENT LOT 1, SECTION 33, TOWNSHIP 21 SOUTH, RANGE 35 EAST, BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1, THENCE S.89 45'16"E., ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1, SECTION 33, A DISTANCE OF FEET TO A POINT LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY LINE, THE FOLLOWING TWO COURSES AND DISTANCES; THENCE S.04 06'06"E., FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10 01'12", Ordinance o. XX-2014 SSA o Page 1 of 2 Page 53 of 63

54 FEET TO A POINT LYING ON THE SOUTH LINE OF THE LAND DESCRIBED IN DEED BOOK 102, PAGE 102 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N.89 41'37"W., ALONG SAID LINE, FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 731, PAGE 576 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.00 37'57"E., ALONG THE EAST LINE OF SAID PARCEL, FEET TO A POINT LYING ON THE NORTH RIGHT OF WAY LINE OF JESS PARRISH COURT; THENCE S W. ALONG SAID RIGHT OF WAY LINE, FEET; THENCE N W., 9.30 FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE S E., FEET; THENCE S E., FEET; THENCE S E., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE S W., FEET; THENCE N W., FEET; THENCE S E., FEET TO THE POINT OF BEGINNING. CONTAINING 4.43 ACRES MORE OR LESS. Section 2. This ordinance shall take effect on the day of, 2014 (31 days after adoption) pursuant to Section (5)(c ) Florida Statutes. PASSED AND ADOPTED this day of, ATTEST: James H. Tulley Jr., Mayor Wanda F. Wells, City Clerk Ordinance o. XX-2014 SSA o Page 2 of 2 Page 54 of 63

55 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING A 4.43 ACRE PROPERTY AT 951 NORTH WASHINGTON AVENUE LOCATED AT 951 NORTH WASHINGTON AVENUE APPROXIMATELY 860 FEET EAST OF NORTH WASHINGTON AVENUE ON JESS PARRISH COURT FROM ITS PRESENT OPEN SPACE AND RECREATION (OR) ZONING TO THE HOSPITAL MEDICAL (HM) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TITUSVILLE, FLORIDA as follows: Section 1. Ordinance No is hereby amended by amending the Zoning Map of the City of Titusville, Florida, made a part of said Ordinance by reference, by designating the following described property: A PARCEL OF LAND LYING IN GOVERNMENT LOT 1, SECTION 33, TOWNSHIP 21 SOUTH, RANGE 35 EAST, BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1, THENCE S.89 45'16"E., ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1, SECTION 33, A DISTANCE OF FEET TO A POINT LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY LINE, THE FOLLOWING TWO COURSES AND DISTANCES; THENCE S.04 06'06"E., FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10 01'12", FEET TO A POINT LYING ON THE SOUTH LINE OF THE LAND DESCRIBED IN DEED BOOK 102, PAGE 102 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N.89 41'37"W., ALONG SAID LINE, FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 731, PAGE 576 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.00 37'57"E., ALONG THE EAST LINE OF SAID PARCEL, FEET TO A POINT LYING ON THE NORTH RIGHT OF WAY LINE OF JESS PARRISH COURT; THENCE S W. ALONG SAID RIGHT OF WAY LINE, FEET; THENCE N W., 9.30 FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N W., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE S E., FEET; THENCE S E., FEET; THENCE S E., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE N E., FEET; THENCE S W., FEET; THENCE N W., FEET; THENCE S E., FEET TO THE POINT OF BEGINNING. Ordinance XX-2014 SSA o Page 1 of 2 Page 55 of 63

56 CONTAINING 4.43 ACRES MORE OR LESS. To be rezoned from Open Space and Recreation (OR) to Hospital Medical (HM) zoning. Section 2. This ordinance shall take effect immediately. PASSED AND ADOPTED this day of, ATTEST: James H. Tulley Jr., Mayor Wanda F. Wells, City Clerk Ordinance XX-2014 SSA o Page 2 of 2 Page 56 of 63

57 City of Titusville "Gateway to Nature and Space" Category: 9. Item: D. To: From: Subject: REPORT TO COUNCIL Planning and Zoning Commission Members Peggy Busacca, Planning and Growth Management Director Ordinance No Amending the Urban Village (UV) Zoning Classification Related to Retail Food Markets and Supermarkets and Gas Pumps as Accessory Uses Department/Office: Planning and Growth Management Recommended Action: Make a recommendation as to the approval of Ordinance No related to retail food markets and supermarkets, and allowing gas pumps as an accessory use. Summary Explanation & Background: Staff has found the requirements for retail food markets and supermarkets to be somewhat unclear. The requirement that "the proposed store shall be free of all obstructions of view from the adjacent street to the main store windows giving a clear and unobstructed view of the cashier's station including obstructions of landscaping" appears to relate to convenience stores rather than larger retail supermarkets. And, as the Convenience Business Security Act of 1992 (Florida State Statutes Sections through ) regulates this requirement, it is being recommended for deletion. The Urban Village zoning classification is also being amended to permit gas pumps as an accessory use to a retail food market/supermarket greater than 20,000 square feet in size with certain conditions, including architectural compatibility. Potential language to address both issues is shown on the attached draft ordinance. Alternatives: 1. Recommend approval of Ordinance No as written. 2. Recommend approval of Ordinance No with changes. 3. Do not recommend approval of Ordinance No Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: No. 1 Enhance the Quality of Life of our CitizensNo. 2 Promote Economic Development Strategic Plan Impact: Page 57 of 63

58 ATTACHMENTS: Description Upload Date Type Ordinance 8/28/2014 Backup Material Request for Amendment 8/28/2014 Backup Material Titus Landing Site Drawing 8/28/2014 Backup Material Page 58 of 63

59 ORDINANCE NO. XX-2014 AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 59, ARTICLE VI, SPECIAL DISTRICTS, DIVISION 12, URBAN VILLAGE; SPECIFICALLY AMENDING SECTION PERMITTED PRINCIPAL USES RELATING TO CONVENIENCE STORES, RETAIL FOOD MARKETS AND SUPERMARKETS TO INCLUDE GAS PUMPS AS AN ACCESSORY USE; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE. WHEREAS, the Titusville City Council desires to implement the Urban Village zoning classification to stimulate the redevelopment of sites within the Urban Mixed Use land use category, and WHEREAS, it is the intent of this ordinance to amend the existing Code in such a way as to enhance the applicability of the Code BE IT ENACTED BY THE CITY OF TITUSVILLE, FLORIDA: SECTION 1: That Chapter 59, Zoning Article VI. Special Districts Division 12 Urban Village (UV), Section Permitted Principal Uses of the Code of Ordinances of the City of Titusville is hereby amended to read as follows: Sec Permitted principal uses. (a) Family day care homes. (b) Neighborhood group homes. (c) Townhouses. (d) Duplex, triplex, quadraplex and other forms of multifamily units. (e) Restaurants. (f) Offices. (g) Off-street parking lots in association with other permitted uses and conditional uses in the district. (h) Retail food markets and supermarkets: (1) Stores shall not be located closer than twenty-five (25) feet to any side property lines. (2) The proposed store shall be free of all obstructions of view from the adjacent street to the main store windows giving a clear and unobstructed view of the cashier's station including obstructions of landscaping. (3) Any convenience store shall have appropriate security systems to include, but not be limited to, the following: convenience store shall be equipped with cameras with video retrieval capabilities. Ordinance Grocery Stores/Gas Pumps in UV August 14, 2014 Page 1 of 3 Comment [PB1]: Instead of creating a new use, recommend keeping retail food markets and supermarkets. Formatted: Not Strikethrough Comment [PB2]: This code language is redundant. The Convenience Business Security Act of 1992 addresses these. Sections through , Fla. Stat. and the State enforces it not the City. Page 59 of 63

60 (42) Any proposed convenience store shall not have as a part of its operation coin operational amusement devices nor gas pumps. (3) Gas pumps (maximum twelve (12) fueling stations, serving up to twelve (12) vehicles simulataneously) and associated payment kiosk ONLY may be permitted as an accessory use to a retail food market or supermarket greater than 20,000 square feet in size. Gas pumps, tanks, vents, pump islands and canopies shall not be located closer than twenty-five (25) feet to any side property lines. Repairs, wreckers or storage of automobiles is prohibited. All canopies and associated payment kiosk shall be architecturally consistent with the principal use. Outdoor storage and display is prohibited. (i) Public and governmental use offices. (j) Business, personal and professional services. (j) Retail commercial uses. (k) Hotel, and motel accommodations. (l) Public parks, and public gathering areas. (m) Parking garages. (n) Recreation (open space amenities such as pavilions, amphitheaters, trails, plazas, commercial health studio, spas, and passive recreation features). (o) Cultural facilities (museums, art galleries, playhouses and similar uses). (p) Banks and financial institutions. SECTION 2: SEVERABILITY. If any provisions of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 3: 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 4: 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. Ordinance Grocery Stores/Gas Pumps in UV August 14, 2014 Page 2 of 3 Page 60 of 63

61 SECTION 5: INCORPORATION INTO CODE. This ordinance shall be incorporated into the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the Code may be made. PASSED AND ADOPTED this day of, ATTEST: James H. Tulley Jr., Mayor Wanda F. Wells, City Clerk Ordinance Grocery Stores/Gas Pumps in UV August 14, 2014 Page 3 of 3 Page 61 of 63

62 July 29, 2014 Peggy Busacca 555 South Washington Ave. Post Office Box 2806 Titusville, FL Dear Peggy, Per our discussions, Miracle City Towne Centre, LLC would like to submit to the City of Titusville a request to change the City s zoning code regarding the inclusion of gas, as an ancillary use to a grocery store, as an allowable use in the code. We believe that this use is appropriate given the development program as a whole. We have attached a drawing showing the location of the needed pumps to finalize our lease with our grocery anchor. As we have disclosed, this grocer has been a part of our plan for phase 1, and we originally felt that their requirement for the gas pumps would be accomplished on outparcels next to our site on property that is zoned to allow the pumps. Our tenant now requires the pumps be located adjacent to their building in a location that is zoned Urban Village, and requires this change. As we are only one of two sites in the entire City that carries this zoning, and the fact that we are surrounded by zoned property that allows this use, and this is essential to the finalization of phase 1, we would request that this change be contemplated and approved. We look forward to meeting with Council on this requirement, and continuing forward with redevelopment of the Mall site. Let me know if you have any additional questions. Thank you, EXXCEL Project Management Cliff Aiken Chief Investment Officer Page 62 of Civic Center Drive Columbus, Ohio