CITY OF TITUSVILLE PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY

NOTICE OF REGULAR MEETING February 21, 2018

555 S. Washington Avenue Titusville, Florida 32796 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 #24-1997

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. February 7, 2018 Minutes

Approve

6. QUASI-JUDICIAL CONFIRMATION PROCEDURES

The following items are subject to quasi-judicial rules of procedure. Anyone wishing to speak on any of these items must first sign a Public Hearing Agenda Card and sign the oath contained thereon. Those speaking in favor of a request will be heard first. If you have photographs, sketches, or documents that you desire for Planning and Zoning to consider, they must be submitted into evidence and will be retained by the City. Submit these exhibits to the Recording Secretary.

7. CONSENT AGENDA ITEMS

8. OLD BUSINESS

9. NEW BUSINESS

Page 1 of 73

A. Street Renaming No. 1-2017

Approve the Resolution to rename Vectorspace Boulevard to Riverfront Center Boulevard

B. CUP Extension Ordinance

Consider and make a recommendation regarding Ordinance No. XX-2018 amending the Code of Ordinances to modify expiration dates for Conditional Use Permits meeting specific criteria; by amending Section 34-77 “Revocation of conditional use permits”; providing for Severability, Repeal of Conflicting Ordinances, an Effective Date and Incorporation into the Code.

C. Conditional Use Permit CUP No. 5-2017

Conduct Public Hearing of Conditional Use Permit (CUP) No. 5-2017 to allow a convenience store in the Community Commercial (CC) zoning district at the northeast corner of Cheney Highway (State Road 50) and South Street (State Road 405).

D. Ordinance Prohibiting Shipping Containers for Residential Use

Review and make recommendation regarding Ordinance No. XX-2018 prohibiting the use of shipping containers as residential structures.

E. Ordinance Relating to Assembly Uses

Consider and make a recommendation regarding the ordinance relating to assembly uses.

F. Ordinance Relating to Caterering as a CUP

Consider and make a recommendation regarding Ordinance establishing restaurants/caterers as a conditional use in the Planned Industrial Development (PID) zoning district.

10. REPORTS

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 286.26 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.

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Category: 5. Item: A.

City of Titusville "Gateway to Nature and Space"

REPORT TO COUNCIL

To: Planning and Zoning Commission Members

From: Peggy Busacca, Community Development Director

Subject: February 7, 2018 Minutes

Department/Office:

Recommended Action:

Approve

Summary Explanation & Background:

Alternatives:

Item Budgeted:

Source/use of funds/Budget Book Page:

Strategic Plan:

Strategic Plan Impact:

ATTACHMENTS:Description Upload Date Type

February 7, 2018 Minutes 2/8/2018 Backup Material

P and Z Regular - February 21, 2018 - 6:00 PM

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Planning and Zoning Commission

Regular Meeting

February 7, 2018

Page 1 of 5

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,

February 7, 2018 at 6:00 p.m.

XXX

Chairman Williams called the meeting to order at 6:00 p.m. Present were Vice Chairman Chavier, Dr.

Fayson, Member Noel-Copeland and School Board Member Hare. Secretary Chambers, Member

Baker and Member Ritchie were absent. Also in attendance were Senior Planner Trevor Traphagen,

Assistant City Attorney Chelsea Farrell and Recording Secretary Laurie Dargie.

XXX

Vice Chairman Chavier motioned to approve the minutes from January 17, 2018. Dr. Fayson

seconded. There was a unanimous voice vote.

XXX

Quasi-Judicial Confirmation Procedures

None

XXX

Consent Agenda Items

None

XXX

Old Business

None

XXX

'ew Business

Rezoning REZ #6-2017

Mr. Traphagen gave an overview of this item.

XXX

Dr. Fayson made a motion to approve Rezoning REZ# 6-2017. Member Noel-Copeland seconded.

Roll call was as follows:

Vice Chairman Chavier Yes

Dr. Fayson Yes

Member Noel-Copeland Yes

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Planning and Zoning Commission

Regular Meeting

February 7, 2018

Page 2 of 5

Chairman Williams Yes

Motion Passed.

XXX

Small Scale Amendment SSA# 5-2017

Mr. Traphagen gave an overview of this item.

Mike Katrick of 2185 Cherry Road Titusville, Florida came to speak in favor of this item. Mr. Katrick

presented the Planning and Zoning Commission a seventeen (17) page handout of a map and pictures

of the surrounding properties. Mr. Katrick said he is in the process of selling this property so that it can

be utilized.

Billy Rice of 1540 Yorktown Titusville, Florida came to speak in favor of this item. Mr. Rice said he is

in the process of buying the property from Mr. Katrick. Mr. Rice said he plans to use the property if

rezoned as an area to park overflow vehicles that he is working on and his equipment.

Shawn Holbrook of 1908 Malinda Lane Titusville, Florida came to speak against this item. Mr.

Holbrook said rezoning this property to industrial will lower his property value and he is unsure of

what might come in the future to this property.

Marge Kutsche of 1914 Malinda Lane Titusville, Florida came to speak against this item. Ms. Kutsche

said she is concerned about the crime and safety. Ms. Kutsche also is concerned about the property

values.

Mike Guntle of 1935 Buffalo Road Titusville, Florida came to speak against this item.

Joseph De-Lancey of 550 Mendel Lane Titusville, Florida came to speak against this item.

Mr. Katrick rebutted and said he feels that utilizing the property will actually improve the area because

the property will have to meet the code requirements in order to be used. Mr. Katrick said there will

have to be buffering and landscaping requirements etc.

Mr. Traphagen stated that the property will have to meet all of the code requirements such as

buffering, landscaping etc.

Member Noel-Copeland asked if the portion of the property already zoned M1 can be utilized for what

the buyer would like to do without changing the rezoning to the portion of the property that is being

requested for the rezoning. Mr. Traphagen said yes.

Chairman Williams said he feels that the property will be better utilized and improved if the rezoning

takes place on the property because it will have to meet the code requirements.

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Planning and Zoning Commission

Regular Meeting

February 7, 2018

Page 3 of 5

XXX

Dr. Fayson made a motion to approve Small Scale Amendment SSA# 5-2017. Member Noel-Copeland

seconded.

Roll call was as follows:

Dr. Fayson Yes

Vice Chairman Chavier Yes

Member Noel-Copeland Yes

Chairman Williams Yes

Motion Passed.

XXX

DMU Downtown Density increase

Mr. Traphagen gave an overview of this item.

XXX

Member Noel-Copeland made a motion to approve DMU Downtown Density increase. Dr. Fayson

seconded.

Roll call was as follows:

Vice Chairman Chavier Yes

Dr. Fayson Yes

Member Noel-Copeland Yes

Chairman Williams Yes

Motion Passed.

XXX

CPA #1-2017 – Conservation Land Uses

Mr. Traphagen gave an overview of this item.

XXX

Vice Chairman Chavier made a motion to approve CPA #1-2017. Dr. Fayson seconded.

Roll call was as follows:

Member Noel-Copeland Yes

Vice Chairman Chavier Yes

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Planning and Zoning Commission

Regular Meeting

February 7, 2018

Page 4 of 5

Dr. Fayson Yes

Chairman Williams Yes

Motion Passed.

XXX

Ordinance Relating to Wetlands and Conservation Areas

Mr. Traphagen gave an overview of this item.

XXX

Member Noel-Copeland made a motion to approve the Ordinance relating to Wetlands and

Conservation Areas. Vice Chairman Chavier seconded.

Roll call was as follows:

Vice Chairman Chavier Yes

Dr. Fayson Yes

Member Noel-Copeland Yes

Chairman Williams Yes

Motion Passed.

XXX

Reports

Mr. Traphagen gave a brief update regarding Legislative updates that he will be keeping the Planning

and Zoning informed on as they come about.

School Board Member Patricia Hare gave a brief report. Ms. Hare said that on January 23, 2018 the

School Board approved from attendance boundary changes. Titusville was not affected by the

boundary changes.

Ms. Hare said that Ms. Belford has agreed to sponsor the reappointment for Ms. Hare to continue to be

the North Brevard School Board Member on the Planning and Zoning Commission.

Mr. Traphagen said that the laptops will be setup on the dias and there will be a transitioning time

given to the Commission and Boards to get used to using the laptops as the paper agendas are going to

be phased out.

Dr. Fayson thanked the ROTC Group and Colonel Whalen for a job well down cleaning up some

cemeteries in Titusville.

XXX

P and Z Regular - February 21, 2018 - 6:00 PM

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Planning and Zoning Commission

Regular Meeting

February 7, 2018

Page 5 of 5

Petitions and Requests from Public Present

None

XXX

Adjournment 8:11 p.m.

P and Z Regular - February 21, 2018 - 6:00 PM

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Category: 9. Item: A.

City of Titusville "Gateway to Nature and Space"

REPORT TO COUNCIL

To: Planning and Zoning Commission Members

From: Peggy Busacca, Community Development Director

Subject: Street Renaming No. 1-2017 from Vectorspace Boulevard to Riverfront Center Boulevard

Department/Office: Planning

Recommended Action:

Approve the Resolution to rename Vectorspace Boulevard to Riverfront Center Boulevard

Summary Explanation & Background:

A request has been made by the Petitioner, Brent Shepherd, to rename Vectorspace Boulevard, a public street, between Columbia Boulevard (State Road 405) and Washington Avenue (U.S. Highway 1). Per Sec. 30-240 of the Land Development Regulations, staff mailed letters to all property owners abutting Vectorspace Boulevard to provide notice of the public meetings. A map is attached which illustrates the street requested to be renamed. Comments from Brevard County E 9-1-1, Titusville Public Works, and Titusville Fire Department are attached.

Alternatives:

Do not Recommend Approval of the Street Renaming

Item Budgeted:

NA

Source/use of funds/Budget Book Page:

NA

Strategic Plan:

Strategic Plan Impact:

ATTACHMENTS:Description Upload Date Type

Request Explanation Letter 1/4/2018 Backup Material

Property Address List 1/5/2018 Backup Material

Property Owner Authorizations 1/5/2018 Backup Material

Brevard County E-911 Letter 1/4/2018 Backup Material

P and Z Regular - February 21, 2018 - 6:00 PM

Page 9 of 73

C.O.T. Public Works Letter 1/4/2018 Backup Material

C.O.T. Fire Services Letter 1/4/2018 Backup Material

Resolution No. XX-2018 1/5/2018 Backup Material

Exhibit A - Location Map 1/5/2018 Backup Material

P and Z Regular - February 21, 2018 - 6:00 PM

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Page 11 of 73

Vectorspace Boulevard Property Owners

Tax

Account

Number Property OwnerProperty Address

(Blank cell = no address/vacant) Mailing Address Mail City

Mail

State

Mail Zip

Code

2322640 RUSH CONSTRUCTION INC 6285 VECTORSPACE BLVD 6285 VECTROSPCAE BLVD TITUSVILLE FL 32780

2300378 VISIONS TRACT G LLC 7025 N WICKHAM RD , UNIT STE 103 MELBOURNE FL 32940

2300377 RABEL, EDUARDO A 6275 VECTORSPACE BLVD 217 S ATLANTIC AVE COCOA BEACH FL 32931

2300383 VECTORSPACE ASSOCIATION INC 6285 VECTORSPACE BLVD TITUSVILLE FL 32780

2323461 TED GLASRUD ASSOCIATES FL LLC 1700 WEST HIGHWAY 36 #650 ROSEVILLE MN 55113

2300384 CIMMARON LLC 240 N 4TH ST ST PETERSBURG FL 33701

2300376 DNC PARKS & RESORTS AT KSC INC KENNEDY SPACE CTR VISITOR COMPLEX KENNEDY SPACE CENTER FL 32899

2322889 RABEL, EDUARDO A 217 ATLANTIC AVE S COCOA BCH FL 32931

2300375 DNC PARKS & RESORTS AT KSC INC 6225 VECTORSPACE BLVD KENNEDY SPACE CTR VISITOR COMPLEX KENNEDY SPACE CENTER FL 32899

2300374 NAT'L ASSOC OF CHIEF OF POLICE 6350 HORIZON DR 6350 HORIZON DR TITUSVILLE FL 32780

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1

Traphagen, Trevor

From: Whorton, Mark

Sent: Tuesday, December 05, 2017 4:29 PM

To: Traphagen, Trevor

Subject: RE: Street Renaming (SR) No. 1-2017 - Routed

Trevor,

I have no objections with this.

Regards.

Mark Whorton | Fire MarshalTitusville Fire & Emergency Services 550 S. Washington Avenue • Titusville, FL 32781 t.321.567.3794f.321.383.5703 mark.whorton@titusville.com

Please note: Florida has a very broad public records law. Most written communications to or from City employees regarding City business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure.

From: Traphagen, Trevor Sent: Tuesday, December 05, 2017 9:52 AM To: Ofosu, Kwabena KB; Smith, Ashleigh; Broome, Richard; Reller, Sandra; Whorton, Mark Subject: Street Renaming (SR) No. 1-2017 - Routed

Good morning, Attached is the application and support materials for the proposed renaming of Vectorspace Boulevard to Riverfront Center Boulevard. There are no objections from Brevard County E-911, but I am requesting your review and comment. If you have any questions, please contact me.

Please return any comments to me no later than Wednesday, December 20th.

Thank you, Trevor

Trevor Traphagen Senior Planner - Community Development Department 555 South Washington Avenue City of Titusville, Florida 32781-2806 Office (321) 567-3779 - www.titusville.com

P and Z Regular - February 21, 2018 - 6:00 PM

Page 20 of 73

Resolution No. XX-2018 Page 1 of 1

RESOLUTION NO. XX-2018

A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA CHANGING THE NAME OF VECTORSPACE BOULEVARD TO RIVERFRONT CENTER BOULEVARD AND DIRECTING ITS USE UPON THE OFFICIAL MAPS AND RECORDS OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, a petition was presented by Brent Shepherd, to rename Vectorspace Boulevard, a public road, to Riverfront Center Boulevard; and WHEREAS, section 30-240 of the Land Development Regulations require new street names to be approved by the City Council based upon a recommendation from the Planning and Zoning Commission; and

WHEREAS, the Planning and Zoning Commission recommended to City Council that Vectorspace Boulevard, a public street, be renamed; and

WHEREAS, the City Council of the City of Titusville, Florida determines that the

proposed street name is in compliance with applicable codes and regulations.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF TITUSVILLE:

Section 1. That Vectorspace Boulevard, between Columbia Boulevard (State Road 405), and Washington Avenue (U.S. Highway 1), located in Section 1, Township 23, Range 35 be renamed to Riverfront Center Boulevard. Section 2. Henceforth, said street shall be known as Riverfront Center Boulevard and the official records and maps of the City of Titusville, Florida shall be recorded to reflect said renaming of the street as shown on Exhibit A. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED, this ______ day of ___________, 2018. _____ ____ _____________ Walt Johnson, Mayor ATTEST: ___________ Wanda F. Wells, City Clerk

P and Z Regular - February 21, 2018 - 6:00 PM

Page 21 of 73

S HIGHWAY 1

S WASHINGTON AV

HORIZON DR

COLUMBIA BLVD

BOEING WAY

COLUMBIA BLVD

0 175 35087.5 Feet

LegendSubject PropertyCity Limits

AERIAL: Street Renaming No. 1-2017

.

P and Z Regular - February 21, 2018 - 6:00 PM

Page 22 of 73

Category: 9. Item: B.

City of Titusville "Gateway to Nature and Space"

REPORT TO COUNCIL

To: Planning and Zoning Commission Members

From: Peggy Busacca, Community Development Director

Subject: Ordinance No. XX-2018 Modifying Expiration Dates for Conditional Use Permits Meeting Specific Criteria

Department/Office: Planning

Recommended Action:

Consider and make a recommendation regarding Ordinance No. XX-2018 amending the Code of Ordinances to modify expiration dates for Conditional Use Permits meeting specific criteria; by amending Section 34-77 “Revocation of conditional use permits”; providing for Severability, Repeal of Conflicting Ordinances, an Effective Date and Incorporation into the Code.

Summary Explanation & Background:

Recently a citizen requested that due to the slow economic recovery, conditional use permits (CUPs) be extended to permit previously extended CUPs to be given additional time to be constructed. The attached ordinance allows an extension for CUPS meeting specified criteria after receipt of a written request.

Alternatives:

1. Recommend adoption of the ordinance as written. 2. Recommend adoption of the ordinance, with changes. 3. Do not recommend adoption of the ordinance.

Item Budgeted:

Source/use of funds/Budget Book Page:

Strategic Plan:

No. 1 - Quality of LifeNo. 2 - Economic Growth

Strategic Plan Impact:

Conditional use permits can impact both quality of life and economic growth in the City of Titusville.

ATTACHMENTS:Description Upload Date Type

Ordinance 1/31/2018 Backup Material

P and Z Regular - February 21, 2018 - 6:00 PM

Page 23 of 73

CUP Extension

January 31, 2018 Page 1 of 3

ORDINANCE NO. XX-2018

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES TO MODIFY EXPIRATION DATES FOR CONDITIONAL USE PERMITS MEETING SPECIFIC CRITERIA; BY AMENDING SECTION 34-77 “REVOCATION OF CONDITIONAL USE PERMITS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE.

WHEREAS, from time to time and after due consideration the Titusville City Council has approved Conditional Use Permits; and

WHEREAS, there may be extensive planning, permitting and engineering required in order to construct and operate the use permitted by a Conditional Use Permit; and

WHEREAS, it is the intent of the City Council to allow sufficient time for development of Conditional Uses, 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

THEREFORE, BE IT ENACTED BY THE CITY OF TITUSVILLE, FLORIDA:

SECTION 1: That Chapter 34, “Procedures”, Article II “Legislative and QuasI-Judicial”,

Division 4 “Conditional Use Permits (CUP)”, Section 34-77 “Revocation of conditional use

permits” of the Code of Ordinances of the City of Titusville is hereby amended to read as

follows:

Sec. 34-77. - Revocation of conditional use permits.

(a) Where a conditional use permit has been issued pursuant to provisions of this ordinance, such permit shall become null and void without further action by the Planning and Zoning Commission or City Council, unless:

(1) The conditional use commences within four (4) years of the date that the permit is approved, as evidenced by the receipt of a certificate of occupancy, certificate of completion and/or business tax receipt as applicable. One (1) administrative extension of one (1) year may be approved by the City Manager or designee prior to expiration if the applicant has submitted a complete application for a development order and has obtained all requisite permits from the applicable regulatory agencies.

(2) City Council has adopted a specific expiration date as part of the initial approval of the CUP and the conditional use commences prior to the date of expiration as evidenced by the receipt of a certificate of occupancy, certificate of completion and/or business tax receipt as applicable. Any extension of this expiration date can only be granted by City Council at a public hearing.

(b) A Conditional use permit shall be deemed to authorize only one (1) particular use and shall expire if that use shall cease for more than six (6) consecutive months. However, the applicant may apply for a single one (1) year extension of the conditional use permit if the applicant has submitted a complete application for a development order needed to

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Page 24 of 73

CUP Extension

January 31, 2018 Page 2 of 3

undertake the use and has obtained all requisite permits from the applicable regulatory agencies.

(c) Continuation of 2009 Real Estate Market Conditions. Where an applicant has an approved conditional use permit, and a current permit issued by the U.S. Army Corps of Engineers, Florida Department of Environmental Protection or the St. Johns River Water Management District pursuant to part IV of Chapter 373, Florida Statutes, a two-year extension of the conditional use permit may be granted upon submittal of a written request and documentation of the required current permit. This provision is effective where the conditional use permit has an expiration date between January 1, 2014, and December 31, 2014. One (1) additional two-year three-year extension may will be granted administratively upon submittal of a written request and documentation that the required permits are valid.

(d) The City Council shall have the authority to modify or revoke a previously granted conditional use permit where there has been no development, construction, or implementation of the conditional use. Such modification or revocation may occur when the Planning and Zoning Commission finds the use of the conditional use permit:

(1) Would cause substantial and adverse impacts to the general health, safety or welfare through the effect of emissions, particulates, noise, or other negative impact;

(2) Due to changed conditions created by the person or entity owning the property to which the CUP was issued, would not meet the original standards for such approval;

(3) Would not meet the specific review standards or conditions attached by the Planning and Zoning Commission as part of the approval; or

(4) Due to changed conditions in the surrounding neighborhood as it has developed, would now cause substantial and adverse impact to the general health, safety or welfare of adjacent or nearby residents that would not have been apparent at the time of approval.

(e) The City Council shall have the authority to modify or revoke a previously granted conditional use permit where there has been development, construction, or implementation of the conditional use. Such modification or revocation may occur when City Council finds the use of the conditional use permit has failed to comply with any of the conditions and restrictions imposed in the conditional use permit, has created an unforeseen negative impact such as emissions, particulates, noise, or other negative impact, or has otherwise caused substantial and adverse effects on the general health, safety or welfare of adjoining and nearby property owners and residents, and the owner has had adequate opportunity to correct the deficiency through code enforcement procedures or other avenues of due process. This provision shall apply retroactively.

(f) Modification or revocation proceedings shall be initiated and processed in the same manner as an administrative rezoning.

(g) Existing conditional use permits shall be presumed to be waived when a rezoning application is granted, unless the applicant requests renewal of the conditional use permit(s). In the event of a rezoning request wherein the subject property also has an approved conditional use permit, upon request, the Council shall renew, modify, or revoke each existing conditional use permit. Unless reauthorized, conditional uses constructed or under construction at the time of the rezoning shall be considered nonconforming uses.

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CUP Extension

January 31, 2018 Page 3 of 3

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. Conditional use permits in effect as of the effective date of this ordinance shall be governed by the provisions of this ordinance.

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 ______, 2018.

____________________________

Walt Johnson, Mayor

ATTEST:

___________________________

Wanda F. Wells, City Clerk

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Category: 9. Item: C.

City of Titusville "Gateway to Nature and Space"

REPORT TO COUNCIL

To: Planning and Zoning Commission Members

From: Peggy Busacca, Community Development Director

Subject: Conditional Use Permit (CUP) No. 5-2017 - Titusville Point

Department/Office: Planning

Recommended Action:

Conduct Public Hearing of Conditional Use Permit (CUP) No. 5-2017 to allow a convenience store in the Community Commercial (CC) zoning district at the northeast corner of Cheney Highway (State Road 50) and South Street (State Road 405).

Summary Explanation & Background:

The applicant is requesting a Conditional Use Permit to establish a convenience store with fuel pumps on four parcels totaling approximately 4.26 acres parcel located at the northeast corner of Cheney Highway (State Road 50) and South Street (State Road 405) within the Community Commercial (CC) Zoning District. The proposed convenience store will be approximately 4,975 square feet in size and includes 16 fueling stations. In addition to the convenience store this site is to be developed with a tire store approximately 7,434 square feet in size, and an additional tenant retail building approximately 5,360 square feet in size. Staff is recommending approval of this request with the following condition: "The approval of this conditional use permit shall not approve any variance or waiver from the Land Development Regulations or Technical Manuals. The four ground signs illustrated on the conceptual plan exceed the maximum of two ground signs permitted in Sec. 32-9 of the Land Development Regulations. Additionally, the total of 131 parking spaces for the total site illustrated on the conceptual plan exceeds the maximum of 88 parking spaces established by Sec. 9.16.4 of the Transportation Infrastructure Technical Manual. Any deviations from the Land Development Regulations or Technical Manuals shall be required to be heard by the Board of Adjustment and Appeals or the staff-level Development Review Committee."

Alternatives:

1) Recommend approval, as presented. 2) Recommend approval, with changes. 3) Do not recommend approval.

Item Budgeted:

NA

Source/use of funds/Budget Book Page:

NA

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Strategic Plan:

Strategic Plan Impact:

ATTACHMENTS:Description Upload Date Type

Staff Report 2/1/2018 Backup Material

Concept Plan 2/1/2018 Backup Material

Aerial Map 2/1/2018 Backup Material

Application 2/1/2018 Backup Material

Zoning Map 2/1/2018 Backup Material

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City of Titusville Planning Department Staff Report

Page 1 of 5

Q:\PLANNING ADMIN\WORKING FILES\(CUP) Conditional Use Permits\2017\CUP# 5-2017 - Convenience Store - Titusville Point\Staff Report - CUP 5-2017.docx

Conditional Use Permit (CUP) No. 5-2017 – Titusville Point Meeting Dates: Planning and Zoning Commission: February 21, 2018 City Council Public Hearing: February 27, 2018 Prepared By: Trevor Traphagen, AICP, Senior Planner Applicant(s): Derrick Cave on behalf of Hwy 50 Titusville, LLC, owner Applicant’s Request: To allow a convenience store with fuel pumps within the Community

Commercial (CC) zoning district Staff Recommendation: Approval CUP No. 5-2017 to allow a convenience store in the

Community Commercial (CC) zoning district.

BACKGROUND INFORMATION

The applicant is requesting a Conditional Use Permit to establish a convenience store with fuel pumps on four parcels totaling approximately 4.26 acres parcel located at the northeast corner of Cheney Highway (State Road 50) and South Street (State Road 405) within the Community Commercial (CC) Zoning District. The proposed convenience store will be approximately 4,975 square feet in size and includes 16 fueling stations. In addition to the convenience store this site is to be developed with a tire store approximately 7,434 square feet in size, and an additional tenant retail building approximately 5,360 square feet in size. This property has been subject of two Conditional Use Permits in the past, which are explained in the Staff Analysis section on the following pages.

PROPERTY INFORMATION

Property Use Future Land Use Zoning

Existing Vacant

Commercial High Intensity

Community Commercial (CC) Proposed

Convenience Store with Fuel Pumps (also includes tenant retail and tire store)

SURROUNDING PROPERTY INFORMATION

Existing Use Future Land Use Zoning

North Vacant Commercial High Intensity Light Industrial and Warehousing (M-1)

South Walmart / Home Depot Commercial High Intensity Regional Commercial

(RC)

East Auto Service (Pepboys) Commercial High Intensity Light Industrial and Warehousing (M-1)

West Aldi’s / Lowe’s Commercial High Intensity Regional Commercial

(RC) / Community Commercial (CC)

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CUP No. 5-2017 – Titusville Pointe

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STAFF ANALYSIS

This request is for a parcel approximately 4.26 acres in size with frontage on Cheney Highway (State Road 50) and South Street (State Road 405). The property is currently vacant and covered with natural vegetation. The proposed development includes a total of three buildings sharing common access, signage, parking, and stormwater. The uses include a tire store, tenant retail building, and convenience store with fuel pumps, which is the reason for this request for a Conditional Use Permit per Sec. 28-112 of the Land Development Regulations.

Conditional Use Permit History: This property has been subject of two Conditional Use Permits (CUP) in the past, CUP 10-1995 and CUP 1-2013. CUP No. 10-1995 was requested to allow a restaurant with a drive-thru within the Community Commercial (CC) zoning district. CUP No. 10-1995 was approved on September 12, 1995, with the condition that all billboard signs on the property be removed. As development did not commence, the CUP for a restaurant with a drive-thru expired. CUP No. 1-2013 was requested to allow the development of a convenience store with fuel pumps. The development proposed under CUP No. 1-2013 was similar in nature and included the Pep-Boys which was constructed to the east of the subject property, and a restaurant approximately 11,250 square foot restaurant in addition to the convenience store with fuel pumps. As development did not commence, the CUP for a convenience store with fuel pumps expired.

Conceptual Development Plan: The convenience store and fuel pumps subject of this request will be nearest the intersection of Cheney Highway (State Road 50) and South Street (State Road 405). The proposed tenant building is west of the convenience store, while the proposed tire store is to the north. Based on the concept plan submitted with the request, the site will have two vehicular access points. The first is along Cheney Highway, with limited access as no left turn movements from the property will be possible due to the median configuration within Cheney Highway. The second entrance is along South Street, slightly north of the entrance to the retail area containing Lowe’s, Aldi, Rocket Car Wash, and Solar Lube. The three proposed buildings will also share common parking and stormwater facilities.

The concept plan illustrates four monument signs, which is in excess of the maximum of two per property as established in Sec. 32-9 – Ground Sign Regulations of the Land Development Regulations. The concept plan also illustrates 131 parking spaces. This is 60 spaces in excess of the minimum required of 71 spaces, and 43 spaces in excess of the maximum allowable spaces of 88 established in Sec. 9.16.4 of the Transportation Infrastructure Technical Manual. Based on the proposed development, it is the opinion of staff that the proposed development can be accommodated within the parameters of the Land Development Regulations without the need for variances or waivers. Any deviations from the Land Development Regulations are not approved as part of this conditional use permit. Any deviations may be requested through the variance process with the Board of Adjustment and Appeals, or the waiver process through the staff-level Development Review Committee.

Conditional Use Criteria Section 34-76 of the LDR states that before any Conditional Use is granted, City Council shall apply the standards set forth below and shall determine that satisfactory provisions and arrangements of the following factors have been met by the petitioner, where applicable. The following are staff’s findings based on the CUP request.

1) Compliance with all elements of the Comprehensive Plan. The convenience store with fuel pumps proposed in CUP application No. 5-2017 is not inconsistent with the Commercial High Intensity Future Land Use designation.

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CUP No. 5-2017 – Titusville Pointe

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Policy 1.9.1: “Sites for high intensity commercial development shall be located with convenient and direct access at arterial intersections. Collector/arterial intersections are acceptable provided minimal access is necessary on the collector street.”

2) Ingress and egress to the property and proposed structure with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

The concept plan indicates two points of ingress and egress to the property, which will be common to all three of the proposed buildings on this property. The ingress and egress points will be located on Cheney Highway and South Street. Ingress and egress will be further reviewed through the site-plan process.

The Fire Department did not object to the request for the Conditional Use Permit.

3) Nuisance factors detrimental to adjacent and nearby properties and the City as a whole. Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare, electrical interference and/or mechanical vibrations.

The proposed use of the property as a convenience store is similar in intensity and hours of operation, and is not likely to cause nuisances listed above for the surrounding properties and/or the City as a whole.

4) Adopted level of service for solid waste disposal, potable water, or wastewater shall not be

exceeded. This property is located in the City’s urban service area and water utilities are available to serve the site.

Solid waste is available to serve this property. The concept plan illustrates three separate dumpster enclosures located throughout the subject property. The location of these facilities will be reviewed and any modifications necessary will be identified and executed through the site plan process.

5) Screening and buffering with reference to type, dimensions and character.

Screening and buffering requirements will be reviewed during the site-plan process. Chapter 30 – Development Standards, Article III – Improvements, Division 10 – Landscaping, requires a minimum landscape buffer of twenty (20) feet along any right-of-way (in this case Cheney Highway and South Street), and ten (10) feet along all other property lines. These buffers require a minimum number of overstory, coniferous, and understory trees, along with a minimum number of shrubs per one-hundred (100) linear feet. Additional landscaping is required adjacent to and within parking areas, and along buildings.

6) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect

and compatibility and harmony with properties in the district. Signage is permitted under a separate building permit. The concept plan submitted with the application illustrates four ground signs, which exceeds the maximum number of two established in Sec. 32-9 of the Land Development Regulations. Signage will be reviewed when the applicant applies for a sign permit, and any issues will be addressed at that time; however, it is the opinion of staff that the proposed development and associated signage can be accommodated within the parameters established in the Land Development Regulations and Technical Manuals. All exterior lighting will be reviewed during the site-plan and building permit review processes and shall be required to meet the requirements established in Chapter 30 –

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CUP No. 5-2017 – Titusville Pointe

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Development Standards, Article III – Improvements, Division 5 – Lighting of the Land Development Regulations.

7) Hours of operation shall be consistent with surrounding properties.

The majority of the properties, in the vicinity of the subject property, are developed with commercial uses, with several operating 24 hours a day. This site is not adjacent to any residential uses, and is surrounded by commercial uses of varying intensities.

8) Off street parking and loading area where required with particular attention to ingress and egress.

The concept plan illustrates a total of 131 parking spaces, 57 of which are within the parcel identified as the location of the convenience store. In total, the number of proposed spaces exceeds the maximum number of parking spaces established in Sec. 9.16.4 of the Transportation Infrastructure Technical Manual. Parking will be reviewed through the site plan process, and any issues will be addressed at that time; however, it is the opinion of staff that the proposed development can be accommodated on the subject property within the parameters established in the Land Development Regulations and Technical Manuals.

9) Required yards and other open spaces. The CC zoning district limits building coverage to a maximum of 30%, and requires setbacks of 25 feet for front yards, 15 feet for side-corner yards, 10 feet for side yards, and 25 feet for rear yards. The minimum setback requirements and building coverages will be reviewed through the site plan process; however, based on the concept plan it appears the proposed facility will meet the minimum standards of the CC zoning district.

10) General compatibility with adjacent properties and other property in the district AND 11) The proposed change is out of scale with the needs of the neighborhood or the City.

The size and intensity of the proposed development is similar to the surrounding properties. The site will contain three separate buildings, and share common access, parking, and stormwater. This development pattern is common near the intersection of Cheney Highway and South Street.

12) Special requirements set out in the schedule of district regulations for the particular use involved. Schools within any zoning district must meet the criteria established in Sec. 28-112(c)(1)a. – e., which are addressed below:

a. Shall require all gasoline pumps, tanks, vents, pump islands and pump island canopies to conform to setback requirements for the district except that no such pumps, tanks, vents, pump islands or pump island canopies shall be located closer than twenty-five (25) feet to any side property lines.

This requirement will be reviewed through the site plan process to ensure the setbacks for pumps, tanks, vents, pump islands, or pump island canopies meet the 25 foot side yard setback requirement.

b. 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 and gasoline service islands.

This property has frontage on Cheney Highway and South Street. The front of the store is visible from both rights-of-way. Specific requirements for landscaping and

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CUP No. 5-2017 – Titusville Pointe

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window placement on the building will be reviewed through the site-plan and building permit processes to ensure compliance with this requirement.

c. Shall be subject to all special requirements for retail gasoline sales establishments if the proposed store is to include such use.

The requirements of Sec. 28-168(c)(1) will be reviewed and enforced through the site plan and building permit processes. The requirements of retail gasoline sales are as follows:

• Shall require all gasoline pumps, tanks, vents, pump islands, and pump island canopies to conform to setback requirements for the district except that no such pumps, tanks, vents, pump islands or pump island canopies shall be located closer than twenty-five (25) feet to any side property line.

• Shall require all gasoline pumps, tanks, vents, pump islands, and pump island canopies to conform to setback requirements for the district except that no such pumps, tanks, vents, pump islands or pump island canopies shall be located closer than twenty-five (25) feet to any side property line.

• Shall require all gasoline pumps, tanks, vents, pump islands, and pump island canopies to conform to setback requirements for the district except that no such pumps, tanks, vents, pump islands or pump island canopies shall be located closer than twenty-five (25) feet to any side property line.

d. 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. This requirement shall be exempted if the convenience store employs two (2) or more employees at the same time between the hours of 11:00 p.m. and 7:00 a.m. or if the convenience store closes on a permanent basis by 11:00 p.m.

The requirements of Sec. 28-168(c)(1) will be reviewed and enforced through the site plan and building permit processes.

e. Shall not have as a part of its operation coin operational amusement devices.

The requirements of Sec. 28-168(c)(1) will be reviewed and enforced through the site plan and building permit processes.

Recommendation Based on the above findings, staff recommends approval of CUP No. 5-2017 to permit a convenience store for property located at the northeast intersection of Cheney Highway (State Road 50) and South Street (State Road 405) with the following condition:

1) The approval of this conditional use permit shall not approve any variance or waiver from the Land Development Regulations or Technical Manuals. The four ground signs illustrated on the conceptual plan exceed the maximum of two ground signs permitted in Sec. 32-9 of the Land Development Regulations. Additionally, the total of 131 parking spaces for the total site illustrated on the conceptual plan exceeds the maximum of 88 parking spaces established by Sec. 9.16.4 of the Transportation Infrastructure Technical Manual. Any deviations from the Land Development Regulations or Technical Manuals shall be required to be heard by the Board of Adjustment and Appeals or the staff-level Development Review Committee.

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CHENEY HWY

SOUT

H ST

FOLEY RD

COLUMBIA BLVD

CALL

E CO

RTO

RONALD MCNAIR WAY

CHENEY HWY

COLUMBIA BLVD

0 100 20050 Feet

LegendSubject PropertyCity Limits

AERIAL: CUP No. 5-2017

.

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CHENEYHWYSO

UTH

ST

AVENIDA REAL

CHENEYHWY

CALL

E COR

TO

SOUT

H ST

RC

OR

T

M-1

CC

CCRC

M-2

CC

RC

T

RC

M-1

M-1M-1

Community Development Dept. February 27, 2018

REZ No. 6-2017

SUBJECT PROPERTYEXISTING ZONING

COMMUNITY COMMERCIAL(CC)

±

ZONING MAPRESIDENTIAL DISTRICTS

OVERLAY DISTRICTS

INDUSTRIAL DISTRICTS

COMMERCIAL DISTRICTS

TSAAIAWCAACCHPA

TITUSVILLE SHORELINE AREAAIRPORT IMPACT AREAWETLAND AND CONSERVATIONA AREAAREA OF CRITICAL CONCERNHISTORIC PRESERVATION AREA

M-1M-2M-3PID

LIGHT INDUSTRIAL SERVICES AND WAREHOUSINGHEAVY INDUSTRIALHIGHWAY INDUSTRIAL INFILLPLANNED INDUSTRIAL DEVELOPMENT

HMTNCCCRCOP

HOSPITAL MEDICALTOURISTNEIGHBORHOOD COMMERCIALCOMMUNITY COMMERCIALREGIONAL COMMERCIALOFFICE PROFESSIONAL

SPECIAL DISTRICTSGUORUMUSMURHPRMUPDPUVDMUIRCN-RIRCN-C

GENERAL USEOPEN SPACE AND RECREATIONURBAN MIXED USESHORELINE MIXED USERESIDENTIAL HISTORIC PRESERVATIONREGIONAL MIXED USEPLANNED DEVELOPMENT PUBLICURBAN VILLAGEDOWNTOWN MIXED USEINDIAN RIVER CITY NEIGHBORHOOD RESIDENTIALINDIAN RIVER CITY NEIGHBORHOOD COMMERCIAL

RERRR-1AR-1BR-1CR-2R-3RMH-1RMH-2

RESIDENTIAL ESTATESRURAL RESIDENTIALSINGLE FAMILY, LOW DENSITYSINGLE FAMILY, MEDIUM DENSITYSINGLE FAMILY, HIGH DENSITYMULTIFAMILY, MEDIUM DENSITYMULTIFAMILY, HIGH DENSITYRESIDENTIAL MANUFACTURED HOUSING SUBDIVISIONRESIDENTIAL MANUFACTURED HOUSING PARK

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Category: 9. Item: D.

City of Titusville "Gateway to Nature and Space"

REPORT TO COUNCIL

To: Planning and Zoning Commission Members

From: Peggy Busacca, Community Development Director

Subject: Ordinance No. XX-2017 Prohibiting Shipping Containers for Residential Use

Department/Office: Planning

Recommended Action:

Review and make recommendation regarding Ordinance No. XX-2018 prohibiting the use of shipping containers as residential structures.

Summary Explanation & Background:

On December 12, 2017 Council approved advisability to develop an ordinance regulating shipping containers for use as residential structures; directing staff to prohibit the use of these containers. The attached ordinance prohibits the use of shipping containers for any residential structure.

Alternatives:

1. Recommend approval of the ordinance, as written. 2. Recommend approval of the ordinance, with changes. 3. Do not recommend approval of the ordinance.

Item Budgeted:

Source/use of funds/Budget Book Page:

Strategic Plan:

No. 1 - Quality of LifeNo. 2 - Economic Growth

Strategic Plan Impact:

The regulation of architectural controls, especially in residential areas of the City, further the City's goals of enhancing quality of life and economic growth.

ATTACHMENTS:Description Upload Date Type

Ordinance Prohibiting Shipping Containers as Residences 2/2/2018 Backup Material

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Shipping Containers as Residences Page 1 of 2 February 1, 2018

ORDINANCE NO. XX-2018 AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS PROHIBITING SHIPPING CONTAINERS FOR USE AS RESIDENTIAL STRUCTURES; BY CREATING SECTIONS 6-92 “PROHIBITION OF SHIPPING CONTAINERS FOR USE AS RESIDENTIAL STRUCTURES” AND 28-19 “SHIPPING CONTAINERS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE. WHEREAS, shipping containers (also known as cargo containers) are being more

widely utilized for secondary purposes, such as residences and accessory structures, in residential areas; and

WHEREAS, shipping containers are industrial in nature and are not in keeping with the

aesthetics of single family residential neighborhoods within the City of Titusville; and WHEREAS, shipping containers may have a useful and valid purpose when properly

used and located in commercial and industrial areas; and WHEREAS, the improper use and location of shipping containers can be unsightly,

dangerous and inappropriate so as to affect property values, enjoyment of property, and the overall health, safety and welfare of residential property owners within the City of Titusville; and

WHEREAS, the Titusville City Council desires to regulate the proper use of shipping

containers in order to protect the health, safety and welfare of the citizens of Titusville; BE IT ENACTED BY THE CITY OF TITUSVILLE, FLORIDA: SECTION 1: That Chapter 6 “Buildings and Building Regulations”, Article IV “Building

Standards”, Section 6-92 “ Prohibitions of Shipping Containers for Use as Residential Structures” of the Code of Ordinances of the City of Titusville is hereby created to read as follows: Sec 6-92. Prohibition of Shipping Containers for Use as Residential Structures Shipping containers are not permitted to be installed on any residentially zoned or residentially utilized property for use as a residential structure. Secs. 6- 92 93—6-100. - Reserved.

SECTION 2: That Chapter 28 “Zoning”, Article I “General Provisions”, Section 28-19

“Reserved” of the Code of Ordinances of the City of Titusville is hereby created to read as follows: Sec. 28-19. -– Reserved Shipping Containers.

Shipping containers are not permitted in any zoning category for use as a residential structure.

Secs. 28-19-20. Reserved

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Shipping Containers as Residences Page 2 of 2 February 1, 2018

SECTION 3: SEVERABILITY. If any provisions of this Ordinance is for any reason held

invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance.

SECTION 4: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of

ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 5: EFFECTIVE DATE. This Ordinance shall be become in full force and

effect upon adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.

SECTION 6: INCORPORATION INTO CODE. This ordinance shall be incorporated into

the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the Code may be made.

PASSED AND ADOPTED this day_________ of, _______________, 2018.

___________________________ Walt Johnson, Mayor

ATTEST: ___________________________ Wanda F. Wells, City Clerk

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Category: 9. Item: E.

City of Titusville "Gateway to Nature and Space"

REPORT TO COUNCIL

To: Planning and Zoning Commission Members

From: Peggy Busacca, Community Development Director

Subject: Ordinance No. XX-2018 Relating to Assembly Uses

Department/Office: Planning

Recommended Action:

Consider and make a recommendation regarding the ordinance relating to assembly uses.

Summary Explanation & Background:

On April 5, 2017, the Planning and Zoning Commission approved a motion (meeting minutes attached) recommending that staff advise City Council to amend the lode to include banquet centers as a conditional use in the GU zoning district with a minimum of ten acres. Staff believes that banquet centers are best described within the definition of "Recreation and Commercial Amusement (Indoor)". Conditions for the CUP include:

l Limited to assembly hall/auditorium uses on ten (10) acre minimum lot. l Associated offices limited to no more than ten (10) percent of the primary use. l Buffers required as described in Chapter 30. l Vehicular access from a local street for facilities with capacity of no more than four-hundred (400)

persons. l Conceptual site plan for outdoor activity areas required. l Additional conditions may be adopted by City Council.

Alternatives:

1. Recommend adoption of the ordinance, as written. 2. Recommend adoption of the ordinance, with changes. 3. Do not recommend adoption of the ordinance.

Item Budgeted:

Source/use of funds/Budget Book Page:

Strategic Plan:

No. 1 - Quality of LifeNo. 2 - Economic Growth

Strategic Plan Impact:

ATTACHMENTS:Description Upload Date Type

Ordinance Relating to Assembly Uses 2/6/2018 Backup Material

April 5, 2017 Approved Minutes 2/7/2018 Backup Material

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Assembly Use Ordinance

January 30, 2018 Page 1 of 11

ORDINANCE NO. XX-2018

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 28 RELATING TO ASSEMBLY USES; SPECIFICALLY AMENDING SECTION 28-54 “USE TABLE”, SECTION 28-236 “CHURCH” AND SECTION 28-275 “RECREATION AND COMMERCIAL AMUSEMENT (INDOOR)”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES; AN EFFECTIVE DATE; AND INCORPORATION INTO THE LAND DEVELOPMENT REGULATIONS.

WHEREAS, the Titusville City Council desires to regulate assembly uses such as churches and commercial recreation in a consistent manner, and

WHEREAS, it is the intent of this ordinance to amend the existing Regulations in such a way as to expand the allowable uses within the General Use (GU) zoning district while protecting the low intensity nature of the zoning district, 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;

NOW, THEREFORE, BE IT ENACTED by the City of Titusville, Florida as follows:

SECTION 1: That Chapter 28, “Zoning” Article IV. “Use Table”, Section 28-54 “Use Table” of the Land Development Regulations of the City of Titusville is hereby amended to read as follows:

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Assembly Use Ordinance

January 30, 2018 Page 2 of 11

SEC. 28-54 USE TABLE

Agriculture and Public

Residential Districts Commercial Districts

Permitted Principal Uses

GU OR P RE RR R-1A

R-1B

R-1C

R-2

R-3

RMH-1

RMH-2

RHP HM T NC CC RC

Key: P = Permitted L = Permitted subject to limitations C = Conditional Blank Cell = Use Prohibited

Agricultural Uses

Agricultural pursuits L

Horse boarding L

Processing, packaging, and sale of agricultural products and commodities produced on-site

P

Residential

Additional Residential Density

Assisted living facility (ALF)

L L L

Live/work unit

Manufactured housing P P

Multifamily dwellings (Duplex, Triplex, Quadraplex, Etc.)

P P

Neighborhood group home

P P P P P P P P P

Patio homes

Residential/professional use

C C C C C C C

Residential treatment facilities

C C

Single-family dwellings (detached)

L C P P P P P P

Townhomes L L

Commercial

Advertising agency P P P

Animal kennel P L C L L

Animal shelter P C C L

Arcade Amusement Center

C

Art, crafts, and hobby shop

P P P

Art studio P P P

Automobile repair P P

Automobile sales P P

Bakery, retail P P P

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Assembly Use Ordinance

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Barber/Beauty Shop/Salon

P P P P

Bed and breakfast inns L L L L L L L L L

Bicycle Sales/service P P P P

Billboard (Principal Use)

L L L L

Billiards/pool hall C C

Boat sales P P

Book store P P P

Buildings over sixty (60) feet in height

Car rental agencies P P P

Car wash L L L

Ceramic shop P P P

Child care facility C C C C C C C C C C L L L

Clothing and shoe stores

P P P

Convenience store (without Retail Gasoline Sales)

C C C L

Copy center P P P P

Crematory services C C C

Delicatessens P P P P

Docks (Principal Use)

Drinking establishments (Bar, Tavern, Lounge)

P P P

Dry cleaner P P P

Electronic gaming establishment

C

Emergency clinics P P P P P

Farmers market/food stand

Financial institutions (Bank)

P P P P

Fitness center C C P P

Florists P P P

Funeral home (without crematory)

P P P

Furniture store P P P

Gift shops P P P P

Graphic printing and copying services

P P

Grocery store P P P

Hardware store P P P

Hospitals P

Hotel /Motel P

Ice cream parlors P P P P

Ice vending buildings

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Assembly Use Ordinance

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Insurance office P P P

Jewelers P P P

Laboratory (Medical) P

Laundromat P P P P P P

Legal office P P P

Liquor store C P P

Lumber and building supplies sales

L

Lumber yard

Marina and Yacht Basin C

Medical equipment and supplies sales

P P P

Medical Marijuana Dispensing Facility

L L L

Medical office/clinic P P P P

Mobile vendor L L

Movie theatre C

Newsstands P P P P

Off-street parking lots P C C C

Open-air market

Outdoor storage

Package and parcel delivery services

Pain management clinic/cash only pharmacy

C

Parking structures

Passive commercial uses

C C

Personal services P P P P

Pet grooming services P P

Pet stores P P

Pharmacies P P P

Photographic shops P P P P

Postal and mailing services

P P P P

Printing and copying stores

P P P

Private club C C C C C C C C C C C C C

Professional offices P P P

Radio and television sales

P P P

Repair and service for small equipment items

P

Restaurants/Caterers P L P P

Retail gasoline sales C C L L

Retail sales and service (See Sec. 28-51)

P P P

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Assembly Use Ordinance

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Screen printing shops P P P

Shoe repair P P P P

Spa C C P P

Sporting goods store P P P

Tailor services P P P P

Temporary labor agency

Transient accommodations

C

Travel agencies P P P P

Travel trailer park C C

Truck stop plaza C C

Upholstery shops P P

Veterinarian P L L L

Videogame arcades P C

Industrial

Bakeries and confectioneries

Bottling plants

Building trades services

Craft brewery/craft distillery

P

Dry-cleaning plants

Freight distribution

Heavy industrial use

Heavy manufacturing

Laboratory (Research and Testing)

C

Light manufacturing

Machine shop

Mechanical service and repair

Microbrewery

Mini-warehouse L

Plant nursery

Production print shops, printing, engraving

Recycling and mulching/composting

Retail or wholesale sale of products manufactured on site

Transportation facilities

Transmission tower

Vehicle-for-Hire establishments

Warehousing/wholesale

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Assembly Use Ordinance

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Welding, metal working, fabrication

Civic, Public and Institutional

Airpark C C C C C C C C C C

Airports C C C C C C C C C C

Ambulance service P

Art centers P P P

Cemeteries P

Churches C C C C C C C C C C C L L L L L

College/university P P P

Community centers

Community service P C C C C C C C C C P P L L L

Convention center

Domestic violence shelter

Family day care homes P P P P P P P P P

Government facilities P C C C C C C C C C

Heliports or landing pads

Incinerators C

Landfill C

Library P C C C C C C C C C

Nursing homes, convalescent homes and extended care facilities

C C P

Passenger terminal facilities

Performing arts theater P P P

Post office P

Prison, detention facilities and work camps

C

Public utility C P

Recovery/halfway house

Schools (public or private)

C L C C C C C C C C C C C

Vocational school L L L L

Recreation

Community gardens L L L L L L L L L L L

Golf course P P

Park (private) P P P P P P P P P P P C

Parks (public or non-profit)

P P P P P P P P P P P P C P P P P P

Recreational and commercial amusement (indoor)

C C

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Assembly Use Ordinance

January 30, 2018 Page 7 of 11

Recreational and commercial amusement (outdoor)

C C C C

Tennis clubs P

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Assembly Use Ordinance

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SECTION 2: That Chapter 28, “Zoning” Article V. “Use Standards” Division V “Civic, Public, Institutional”, Section 28-236 “Church” of the Land Development Regulations of the City of Titusville is hereby amended to read as follows: Sec. 28-236. – Church.

(a) Districts where permitted

(b) Definition

Church: A building or groups of building that people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

(c) Standards for Permitted Uses with Limitations

(1) In the Hospital Medical (HM), Tourist (T), Neighborhood Commercial (NC), Community Commercial (CC), Regional Commercial (CC), and Office Professional (OP) zoning districts, churches:

a. Shall be required to proceed through the Conditional Use Process if the proposed maximum occupant capacity is greater than 400 persons.

b. Shall meet the minimum standards required by Sec. 28-123110– Childcare Facilities, if a childcare facility is proposed in association with the church.

c. Shall limit offices associated with the activities or business of the church to no more than twenty-five (25) percent of the total floor area of the buildings associated with the church.

d. Shall provide a “B” type buffer specified in Chapter 31, Article III, Division 10 along all property lines abutting a residential zoning classification, unless located in a commercial strip center.

e. Shall not allow vehicular access from a local street, unless approved by the Administrator through the site plan process.

f. Shall provide on-site parking pursuant to the City’s Transportation Technical Manual.

(2) In the Urban Mixed Use (UMU) zoning district, churches:

a. Shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

RE RR R-1A R-1B R-1C R-2 R-3 RMH-1 RMH-2 RHP

C C C C C C C C C C

HM T NC

CC

RC OP

M-1 M-2 M-3 PID

L L L L L L

GU

OR

P DMU

UMU

SMU RMU

UV IRCN

D U M C 100 200 300 400 500 C R

C P P L C C L L

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Assembly Use Ordinance

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b. Shall require all new and existing lease spaces and structures to meet current parking requirements.

(3) In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, churches shall be located on property that has frontage on either a collector or arterial roadway, as classified on the Road Classification Map.

(d) Standards for Conditional Uses – these uses require public hearings

(1) In the Residential Estate (RE), Rural Residential (RR), Single Family Low Density (R-1A), Single Family Medium Density (R-1B), Single Family High Density (R-1C), Multifamily Medium Density Residential (R-2), Multifamily High Density Residential (R-3), Residential Manufactured Housing (RMH-1), and Residential Manufactured Housing Park (RMH-2), and General Use (GU) zoning districts:

a. Shall meet the minimum standards required by Sec. 28-123110 – Childcare Facilities, if a childcare facility is proposed in association with the church.

b. Shall limit offices associated with the activities or business of the church to no more than twenty-five (25) percent of the total floor area of the buildings associated with the church.

c. Shall provide a “B” type buffer specified in Chapter 31, Article III, Division 10 along all property lines abutting a residential zoning classification, unless located in a commercial strip center.

d. Shall not allow vehicular access from a local street for a church with a maximum proposed occupant capacity of 400 persons.

e. Shall provide on-site parking pursuant to the City’s Transportation Technical Manual.

(2) In the Hospital Medical (HM), Tourist (T), Neighborhood Commercial (NC),

Community Commercial (CC), Regional Commercial (CC), and Office Professional

(OP) zoning districts, churches with a maximum occupancy capacity in excess of 400

persons shall meet the limitations established in (c)(1) above, and may be approved

by obtaining a Conditional Use Permit.

SECTION 3: That Chapter 28, “Zoning” Article V. “Use Standards” Division VI “Recreation”, Section 28-275 “Recreation and Commercial Amusement (Indoor)” of the Land Development Regulations of the City of Titusville is hereby amended to read as follows: Sec. 28-275. – Recreation and Commercial Amusement (Indoor).

(a) Districts where permitted

RE RR R-1A R-1B R-1C R-2 R-3 RMH-1 RMH-2 RHP

HM T NC

CC

RC OP

M-1 M-2 M-3 PID

C C

GU

OR

P DMU

UMU

SMU RMU

UV IRCN

D U M C 100 200 300 400 500 C R

C

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(b) Definition

Recreation and Commercial Amusement (Indoor): A recreational land use conducted entirely within a building, except where accessory outdoor uses are allowed by the Land Development Regulations, including arenas, art galleries, arts center, assembly hall, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, movie theater, museum, performance theater, skating rink, swimming pool, and tennis courts.

(c) Standards for Conditional Uses – these uses require public hearings

(1) Reserved In the General Use (GU) zoning district, Recreation and Commercial Amusement (Indoor):

a. Shall be limited to assembly hall/auditorium uses on a minimum ten (10 acre lot.

b. Shall limit offices associated with the assembly hall/auditorium use to no more than ten (10) percent of the total floor area of the building.

c. Shall provide a “B” type buffer specified in Chapter 30 – Development Standards, Article III – Improvements, Division 10 – Landscaping, along all property lines abutting a residential zoning classification.

d. Shall not allow vehicular access from a local street unless the maximum occupant capacity of the facility is no more than four-hundred (400) persons.

e. Shall provide on the conceptual site plan the proposed location of any outdoor activity or gathering areas. The use of amplified sound devices in these outdoor areas shall be considered as part of the Conditional Use Permit, and conditions may be applied by the Council to mitigate the impacts associated with these devices.

f. Additional conditions may be adopted by the City Council to mitigate the impacts of the proposed use.

SECTION 4: 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 5: 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 6: EFFECTIVE DATE. This Ordinance shall be become in full force and

effect upon adoption by the City Council in accordance with the Charter of the City of Titusville,

Florida.

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Assembly Use Ordinance

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SECTION 7: INCORPORATION INTO CODE. This ordinance shall be incorporated into

the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and

any heading may be changed or modified as necessary to effectuate the foregoing.

Grammatical, typographical, and like errors may be corrected and additions, alterations, and

omissions, not affecting the construction or meaning of this ordinance and the Code may be

made.

PASSED AND ADOPTED this day_________ of _______________, 2018.

___________________________

Walt Johnson, Mayor

ATTEST:

___________________________

Wanda F. Wells, City Clerk

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Planning and Zoning Commission

Regular Meeting

April 5, 2017

Page 1 of 6

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, April 5,

2017 at 6:00 p.m.

XXX

Chairman Williams called the meeting to order at 6:00 p.m. Present were Vice Chairman Chavier,

Secretary Chambers, Member Ritchie, Member Baker, Dr. Fayson and School Board Member Hare.

Also in attendance were Senior Planner Trevor Traphagen, Planning Manager Brad Parrish, Assistant

City Attorney Chelsea Farrell and Recording Secretary Laurie Dargie.

XXX

Vice Chairman Chavier motioned to approve the minutes from March 8, 2017. Dr. Fayson seconded.

There was a unanimous voice vote.

XXX

Quasi-Judicial Confirmation Procedures

None

XXX

Consent Agenda Items

None

XXX

Old Business

None

XXX

Chairman Williams requested that the Commission move forward to items 9C and 9D due to public

being present on the items. The Planning and Zoning Commission members were in agreement to move

forward and hear items 9C and 9D.

XXX

New Business

Comprehensive Plan Amendment (CPA) No. 3-2016

Mr. Traphagen gave an overview of this item.

Kristy Mount of 1702 S. Washington Ave Titusville, Florida came to speak in favor of this item.

John Evans of 1702 S. Washington Ave Titusville, Florida came in favor of this item.

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Planning and Zoning Commission

Regular Meeting

April 5, 2017

Page 2 of 6

Beverly Goethe of 107414 N. River Ranch Path, Crystal River Florida came in favor of this item.

XXX

Dr. Fayson made a motion to approve Comprehensive Plan Amendment CPA# 3-2016. Member Ritchie

seconded.

Roll call was as follows:

Member Baker Yes

Vice Chairman Chavier Yes

Member Ritchie Yes

Secretary Chambers Yes

Dr. Fayson Yes

Chairman Williams Yes

Motion passed.

XXX

Interpretation of Uses in General Use (GU) and Open Space and Recreation (OR)

Mr. Parrish gave an overview of this item.

Grady Strickland of 4955 Hamlin Court of Titusville, Florida came to speak in favor of this item. Mr.

Strickland said he would like to build a barn that would be enclosed with a kitchen and air conditioning.

Mr. Strickland said he would like to have the barn used for wedding type events. Mr. Strickland said the

barn would be on three lots which total 10.78 acres of his 255 acres.

Chairman Williams asked which zoning classification would the barn be sitting on. Mr. Strickland said

that the barn and parking area would be on both Open Space and Recreation (OR) zoning and General

Use (GU) zoning. Mr. Strickland said he paid John Evans several years ago to have the zoning returned

to General Use (GU) on the entire 255 acres and he does not know why any Open Space and Recreation

(OR) remains on the property. Mr. Strickland said this property was annexed into the City of Titusvlle

and before the annexation it was all zoned General Use (GU) under Brevard County zoning. Mr.

Strickland said Mercedes Homes purchased the property and was going to have a cluster development

therefore it was rezoned to meet the residential development zoning. Mr. Strickland said when Mercedes

Homes foreclosed on the property, he purchased the full 255 acres and that is when he paid to have the

entire property rezoned back to General Use (GU). Mr. Strickland feels that the entire property should

be GU zoned now.

Mr. Parrish said the Planning and Zoning Commission needs to determine whether or not Mr.

Strickland’s use intent would be permitted on the General Use (GU) zoning, Open Space and Recreation

(OR) zoning, or neither or both.

Chairman Williams said years ago Open Space and Recreation (OR) used to be for conservation land

but he understands that is not the case anymore. Chairman Williams does not understand why OR zoning

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Planning and Zoning Commission

Regular Meeting

April 5, 2017

Page 3 of 6

still remains on the property and asked Staff why it is zoned OR. Mr. Parrish said he is not sure why it

was zoned OR in 2005. He said it was probably zoned OR due to the potential residential cluster

development that was at one time being pursued by Mercedes Homes but they have not found the details

as to why OR was used.

Vice Chairman Chavier said he is concerned with allowing this type of use in OR because he does not

want something wild being allowed in OR.

Member Baker said this use does not fit within the OR zoning but feels that it would be allowable in the

GU zoning. Member Ritchie and Secretary Chambers agrees that this use would be allowable in GU

zoning but not OR zoning.

Z. Sid Cheheyeb of 2650 Bobbi Lane Suite 119 of Titusville, Florida came to speak in favor of this item.

Allen Kiesel of 213 Broad Street Titusville, Florida came to speak in favor of this item.

Chairman Williams said if this use is allowed in OR or GU zonings it would be need to be a conditional

use. Chairman Williams said the code language would need to be modified for this intended use in both

GU and OR zoning. Mr. Parrish said any recommendation for the interpretation would need to be very

specific. Vice Chairman Chavier agrees that the code needs to be modified and should be a conditional

use.

Mr. Strickland said it sounds like the Planning and Zoning Commission interprets that what he is

requesting to do with the barn facility would be allowable in the General Use (GU) zoning. Therefore if

he were to rezone the Open Space and Recreation zoning back to GU then his use would be permitted.

Mr. Strickland said he would like to know for sure that this is what the Planning and Zoning Commission

would allow before he spends more money to have the OR rezoned to GU. Mr. Strickland reiterated that

this was supposed to be done years ago when he paid to have the entire 255 acres rezoned back to General

Use (GU) zoning.

Assistant City Attorney Farrell said that Mr. Strickland’s use could be compared to that of a church

facility which is allowed in General Use (GU zoning.

Chairman Williams said he believes that the intended use would be allowed in General Use (GU) zoning

and it sounds like the Planning and Zoning Commission members are in agreement with this being

acceptable in GU zoning. Chairman Williams would recommend that the code language be modified to

include banquet center and a minimum of 10 acres for the use to be allowed.

XXX

Member Ritchie made a motion that Open Space and Recreation (OR) zoning is not consistent with this

use. Member Baker seconded.

Roll call was as follows:

Secretary Chambers Yes

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Regular Meeting

April 5, 2017

Page 4 of 6

Vice Chairman Chavier Yes

Member Baker Yes

Member Ritchie Yes

Chairman Williams No

Motion passed.

XXX

Member Ritchie made a motion that General Use (GU) zoning is consistent with this use. Member Baker

seconded.

Roll call was as follows:

Vice Chairman Chavier Yes

Member Baker Yes

Member Ritchie Yes

Secretary Chambers Yes

Chairman Williams Yes

Motion passed.

XXX

Member Ritchie made an amendment to her motion that a banquet facility/event center in General Use

(GU) zoning is consistent with the interpretation Staff used in the letter to Mr. Strickland dated January

17, 2017 referring to Sec. 59-622(d). Member Baker seconded.

Roll call was as follows:

Vice Chairman Chavier Yes

Member Baker Yes

Member Ritchie Yes

Secretary Chambers Yes

Chairman Williams Yes

Motion passed.

XXX

Chairman Williams passed the gavel to Vice Chairman Chavier.

XXX

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Planning and Zoning Commission

Regular Meeting

April 5, 2017

Page 5 of 6

Chairman Williams made a motion recommending that Staff advise City Council to amend the code

and add language to General Use (GU) zoning to include banquet center as a conditional use with a

minimum of ten (10) acres. Member Ritchie seconded.

Roll call was as follows:

Member Ritchie Yes

Vice Chairman Chavier Yes

Member Baker Yes

Secretary Chambers Yes

Chairman Williams Yes

Motion passed.

XXX

Glitch Ordinance

Mr. Traphagen gave an overview of this item.

XXX

Member Baker made a motion to approve the Glitch Ordinance. Vice Chairman Chavier seconded.

Roll call was as follows:

Member Baker Yes

Vice Chairman Chavier Yes

Secretary Chambers Yes

Member Ritchie Yes

Chairman Williams Yes

Motion passed.

XXX

Resolution Correcting Technical Design Manuals

Mr. Traphagen gave an overview of this item.

XXX

Secretary Chambers made a motion to approve the Resolution correcting the technical design manuals.

Roll call was as follows:

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April 5, 2017

Page 6 of 6

Member Baker Yes

Vice Chairman Chavier Yes

Member Ritchie Yes

Secretary Chambers Yes

Chairman Williams Yes

Motion passed.

XXX

Reports

Chairman Williams asked if it was approved for the new medical facility at Titus Landing to have a 5

foot berm. Mr. Traphagen said yes, they went through the Variance process and the variance was

approved.

XXX

Petitions and Requests from Public Present

None

XXX

Adjournment 9:30 p.m.

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Page 61 of 73

Category: 9. Item: F.

City of Titusville "Gateway to Nature and Space"

REPORT TO COUNCIL

To: Planning and Zoning Commission Members

From: Peggy Busacca, Community Development Director

Subject: Ordinance No. XX-2018 Relating to Restaurants/Caterers as a Conditional Use in Planned Industrial Development Zoning

Department/Office: Planning

Recommended Action:

Consider and make a recommendation regarding Ordinance establishing restaurants/caterers as a conditional use in the Planned Industrial Development (PID) zoning district.

Summary Explanation & Background:

On October 24, 2017, Council directed staff to develop an ordinance making catering a Conditional Use in the Planned Industrial Development (PID) zoning classification, based upon a request by the Planning and Zoning Commission. Pursuant to the proposed ordinance, restaurants which are accessory to a permitted use in PID, would continue to be a limited use. Caterers and take-out restaurants would be approved as a primary use after obtaining a conditional use permit.

Alternatives:

1. Recommend adoption of the proposed ordinance, as written. 2. Recommend adoption of the proposed ordinance, with changes. 3. Do not recommend adoption of the proposed ordinance.

Item Budgeted:

Source/use of funds/Budget Book Page:

Strategic Plan:

No. 1 - Quality of LifeNo. 2 - Economic Growth

Strategic Plan Impact:

ATTACHMENTS:Description Upload Date Type

Ordinance - Caterers in PID 2/5/2018 Backup Material

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Caterers/Take Out in Industrial February 2, 2017 Page 1 of 11

ORDINANCE NO. XX-2018

AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATED TO RESTAURANTS/CATERERS BY AMENDING THE CONDITIONAL USES IN THE PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONING DISTRICT; SPECIFICALLY AMENDING SECTION 28-52 “USE TABLE” AND SECTION 28-167 “RESTAURANTS/CATERERS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE.

WHEREAS, the Titusville City Council desires to expand uses within the Light Industrial Services and Warehousing (M-1), Industrial (M-2) and Planned Industrial Development (PID) zoning classifications with uses that are comparable in type and intensity with current permitted uses within the M-1 and M-2 zoning classifications, and

WHEREAS, catering and take-out restaurants have been determined to be appropriate uses in the M-1, M-2 and PID zoning districts with limitations, and

WHEREAS, it is the intent of this ordinance to amend the existing Code in such a way as to promote economic development.

BE IT ENACTED BY THE CITY OF TITUSVILLE, FLORIDA:

SECTION 1: That Chapter 28, “Zoning” Article IV. “Use Table”, Section 28-54 “Use Table” of the Land Development Regulations of the City of Titusville is hereby amended to read as follows:

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Caterers/Take Out in Industrial February 2, 2017 Page 2 of 11

SEC. 28-54 USE TABLE

Agriculture and Public

Residential Districts Commercial Districts Industrial Districts

Permitted Principal Uses

GU OR P RE RR R-1A

R-1B

R-1C

R-2

R-3

RMH-1

RMH-2

RHP HM T NC CC RC OP M-1

M-2

M-3

PID DM

Key: P = Permitted L = Permitted subject to limitations C = Conditional Blank Cell = Use Prohibited Downtown Uptown

Agricultural Uses

Agricultural pursuits L

Horse boarding L

Processing, packaging, and sale of agricultural products and commodities produced on-site

P

Residential

Additional Residential Density

Assisted living facility (ALF)

L L L C C

Live/work unit P P

Manufactured housing P P

Multifamily dwellings (Duplex, Triplex, Quadraplex, Etc.)

P P P P

Neighborhood group home

P P P P P P P P P P P

Patio homes

Residential/professional use

C C C C C C C

Residential treatment facilities

C C

Single-family dwellings (detached)

L C P P P P P P P C

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Caterers/Take Out in Industrial February 2, 2017 Page 3 of 11

Townhomes L L L L

Commercial

Advertising agency P P P P P P

Animal kennel P L C L L C L C

Animal shelter P C C L C C L L

Arcade Amusement Center

C

Art, crafts, and hobby shop

P P P P P

Art studio P P P P P P

Automobile repair P P P P P

Automobile sales P P L

Bakery, retail P P P L P P

Barber/Beauty Shop/Salon

P P P P P P P

Bed and breakfast inns L L L L L L L L L L L

Bicycle Sales/service P P P P P P

Billboard (Principal Use)

L L L L L L L

Billiards/pool hall C C P P

Boat sales P P

Book store P P P P P

Buildings over sixty (60) feet in height

Car rental agencies P P P

Car wash L L L L L L L

Ceramic shop P P P P P

Child care facility C C C C C C C C C C L L L L C C C

Clothing and shoe stores

P P P P P

Convenience store (without Retail Gasoline Sales)

C C C L L L

Copy center P P P P P P P

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Caterers/Take Out in Industrial February 2, 2017 Page 4 of 11

Crematory services C C C C C

Delicatessens P P P P P P

Docks (Principal Use)

Drinking establishments (Bar, Tavern, Lounge)

P P P P P

Dry cleaner P P P P P P

Electronic gaming establishment

C

Emergency clinics P P P P P P P

Farmers market/food stand

Financial institutions (Bank)

P P P P P P P P

Fitness center C C P P C C P P

Florists P P P L P P

Funeral home (without crematory)

P P P P

Furniture store P P P P P

Gift shops P P P P P P

Graphic printing and copying services

P P P P P

Grocery store P P P P P

Hardware store P P P P P

Hospitals P C C

Hotel /Motel P P P

Ice cream parlors P P P P P P

Ice vending buildings L

Insurance office P P P P P P

Jewelers P P P P P

Laboratory (Medical) P C C

Laundromat P P P P P P P

Legal office P P P P P P

Liquor store C P P

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Caterers/Take Out in Industrial February 2, 2017 Page 5 of 11

Lumber and building supplies sales

L

Lumber yard L L

Marina and Yacht Basin C

Medical equipment and supplies sales

P P P

Medical Marijuana Dispensing Facility

L L L L L L L

Medical office/clinic P P P P P L P P

Mobile vendor L L L

Movie theatre C

Newsstands P P P P P P

Off-street parking lots P C C C P P

Open-air market L C

Outdoor storage

L

Package and parcel delivery services

P P P

Pain management clinic/cash only pharmacy

C

Parking structures L L

Passive commercial uses

C C

Personal services P P P P P P P

Pet grooming services P P P C

Pet stores P P

Pharmacies P P P L P P P

Photographic shops P P P P P P

Postal and mailing services

P P P P P P P

Printing and copying stores

P P P P P

Private club C C C C C C C C C C C C C C C

Professional offices P P P P P P P

Radio and television sales

P P P P P

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Caterers/Take Out in Industrial February 2, 2017 Page 6 of 11

Repair and service for small equipment items

P P P

Restaurants/Caterers P L P P L L L/C P P

Retail gasoline sales C C L L L L

Retail sales and service (See Sec. 28-51)

P P P P P

Screen printing shops P P P P P P P P P

Shoe repair P P P P P P

Spa C C P P C C P P

Sporting goods store P P P

Tailor services P P P P

Temporary labor agency

L

Transient accommodations

C

Travel agencies P P P P P L P P

Travel trailer park C C

Truck stop plaza C C

Upholstery shops P P P

Veterinarian P L L L L P C C

Videogame arcades P C P P

Industrial

Bakeries and confectioneries

P P P

Bottling plants P P P P

Building trades services P P P

Craft brewery/craft distillery

P P P P

Dry-cleaning plants P P P

Freight distribution P P P P

Heavy industrial use C

Heavy manufacturing P P

Laboratory (Research and Testing)

C C P P P

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Caterers/Take Out in Industrial February 2, 2017 Page 7 of 11

Light manufacturing L P P P C C

Machine shop P P

Mechanical service and repair

P P P

Microbrewery L

Mini-warehouse L C C C

Plant nursery P

Production print shops, printing, engraving

P P P

Recycling and mulching/composting

C

Retail or wholesale sale of products manufactured on site

L L L L

Transportation facilities P P

Transmission tower C C C C

Vehicle-for-Hire establishments

P

Warehousing/wholesale L P C P

Welding, metal working, fabrication

P P

Civic, Public and Institutional

Airpark C C C C C C C C C C P

Airports C C C C C C C C C C P

Ambulance service P

Art centers P P P

Cemeteries P

Churches C C C C C C C C C C C L L L L L L P

College/university P P P

Community centers P P

Community service P C C C C C C C C C P P L L L C

Convention center C L

Domestic violence shelter

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Caterers/Take Out in Industrial February 2, 2017 Page 8 of 11

Family day care homes P P P P P P P P P L L

Government facilities P C C C C C C C C C P P

Heliports or landing pads

P

Incinerators C

Landfill C

Library P C C C C C C C C C

Nursing homes, convalescent homes and extended care facilities

C C P

Passenger terminal facilities

P P

Performing arts theater P P P P

Post office P

Prison, detention facilities and work camps

C

Public utility C P P C C

Recovery/halfway house

Schools (public or private)

C L C C C C C C C C C C C C L L

Vocational school L L L L L L L L L L L

Recreation

Community gardens L L L L L L L L L L L

Golf course P P

Park (private) P P P P P P P P P P P C

Parks (public or non-profit)

P P P P P P P P P P P P C P P P P P P P P P P P P

Recreational and commercial amusement (indoor)

C C

Recreational and commercial amusement (outdoor)

C C C C

Tennis clubs P

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Caterers/Take Out in Industrial February 2, 2017 Page 9 of 11

SECTION 2: That Chapter 28 “Zoning”, Article V “Use Standards” Division III

“Commercial” Section 28-167 “Restaurants/Caterers” of the Code of Ordinances, City of

Titusville is hereby amended to read as follows:

Sec. 28-167. – Restaurants/Caterers.

(a) Districts where permitted

(b) Definitions

Restaurant: An establishment where food and beverages are ordered, prepared and served.

Caterer: Food or drink is prepared in a licensed kitchen and served at another location.

Take-out/Non-seating restaurant: An establishment that offers take-out or delivery of food or beverages but does not permit customers to dine in.

(c) Standards for Permitted Uses with Limitations

(1) In the Neighborhood Commercial (NC) zoning district, the sale of distilled spirits shall be prohibited within restaurants.

(2) In the Light Industrial Services and Warehousing (M-1)) zoning district, Restaurants and Bars or Brewpubs is an accessory use with a craft brewery or craft distillery manufacturing use. Caterers and Take-out restaurants (as defined herein) are permitted without the need to be accessory to a craft brewery or craft distillery manufacturing use.

(3) In the Industrial (M-2) zoning district, Restaurants and Bars or Brewpubs is an accessory use with a craft brewery or craft distillery manufacturing use. Caterers and Take-out restaurants are not permitted.

(4) In the Planned Industrial Development (PID) zoning district, restaurants must be accessory to permitted uses within the district, except as described in (d) – Standards for conditional uses as provided below. Caterers and Take-out restaurants (as defined herein) are permitted as a primary use.

(5) In the Urban Mixed Use (UMU) zoning district, Restaurants:

a. Shall be located on property that is adjoining to an intersection of Deleon Avenue or Park Avenue.

b. Shall only allow any outdoor seating to operate during the hours of 6:00 a.m. to 10:00 p.m.

c. Shall require a conditional use permit if alcohol consumption is being requested in conjunction with the restaurant.

RE RR R-1A R-1B R-1C R-2 R-3 RMH-1 RMH-2 RHP

HM T NC

CC

RC OP

M-1 M-2 M-3 PID

P L P P L L L/C

GU

OR

P DMU

UMU

SMU RMU

UV IRCN

D U M C 100 200 300 400 500 C R

P P P C L P P P P P L

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Caterers/Take Out in Industrial February 2, 2017 Page 10 of 11

(6) In the Indian River City Neighborhood-Commercial (IRCN-C) zoning district, any outdoor seating may only operate during the hours of 6:00 a.m. to 11:00 p.m. and shall not be located within 50 feet of a residential property line.

(d) Standards for conditional uses. These uses require public hearings.

(1) In the Planned Industrial Development (PID) zoning district, caterers and take-out

restaurants (as defined herein) may be approved as a primary use by obtaining a conditional

use permit.

SECTION 3: SEVERABILITY. If any provisions of this Ordinance is for any reason held

invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a

separate, distinct and independent provision, and such holding shall not affect the validity of the

remaining portions of this Ordinance.

SECTION 4: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances, and all resolutions and parts of resolutions, in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon adoption by the City Council in accordance with the Charter of the City of Titusville, Florida.

SECTION 6: INCORPORATION INTO CODE. This ordinance shall be incorporated into the City of Titusville Code of Ordinances and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the Code may be made.

PASSED AND ADOPTED this _________th day of _________________ 2018.

____________________________

Walt Johnson, Mayor

ATTEST:

___________________________

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Caterers/Take Out in Industrial February 2, 2017 Page 11 of 11

Wanda F. Wells, City Clerk

P and Z Regular - February 21, 2018 - 6:00 PM

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