Notice 7. CONSENT AGENDA ITEMS 8. OLD BUSINESS 9. NEW BUSINESS. Page 1 of 73

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1 CITY OF TITUSVILLE PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY NOTICE OF REGULAR MEETING February 21, S. Washington Avenue Titusville, Florida Council Chamber at City Hall 6:00 PM Notice All persons who anticipate speaking on any Public Hearing item must fill out an Oath Card to be heard on that agenda item and sign the oath contained thereon. These cards are located on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary. This meeting will be conducted in accordance to the procedures adopted in Resolution # Those speaking in favor of a request will be heard first, those opposed will be heard second, and those who wish to make a public comment on the item will speak third. The applicant may make a brief rebuttal if necessary. A representative from either side, for or against, may cross-examine a witness. Anyone who speaks is considered a witness. If you have photographs, sketches, or documents that you desire for the Commission to consider, they must be submitted into evidence and will be retained by the City. Please submit such exhibits to the Recording Secretary. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. DETERMINATION OF A QUORUM 5. APPROVAL OF MINUTES A. 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

2 A. Street Renaming No 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 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 Conduct Public Hearing of Conditional Use Permit (CUP) No 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 Florida Statutes, should at least 48 hours prior to the meeting, submit a written request to the chairperson of the meeting that the physically handicapped person desires to attend. Page 2 of 73

3 Category: 5. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Community Development Director 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 Page 3 of 73

4 Planning and Zoning Commission Regular Meeting February 7, 2018 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. 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. Vice Chairman Chavier motioned to approve the minutes from January 17, Dr. Fayson seconded. There was a unanimous voice vote. Quasi-Judicial Confirmation Procedures None Consent Agenda Items None Old Business None 'ew Business Rezoning REZ # Mr. Traphagen gave an overview of this item. Dr. Fayson made a motion to approve Rezoning REZ# Member Noel-Copeland seconded. Roll call was as follows: Vice Chairman Chavier Dr. Fayson Member Noel-Copeland Page 1 of 5 Page 4 of 73

5 Planning and Zoning Commission Regular Meeting February 7, 2018 Chairman Williams Motion Passed. Small Scale Amendment SSA# 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. Page 2 of 5 Page 5 of 73

6 Planning and Zoning Commission Regular Meeting February 7, 2018 Dr. Fayson made a motion to approve Small Scale Amendment SSA# Member Noel-Copeland seconded. Roll call was as follows: Dr. Fayson Vice Chairman Chavier Member Noel-Copeland Chairman Williams Motion Passed. DMU Downtown Density increase Mr. Traphagen gave an overview of this item. Member Noel-Copeland made a motion to approve DMU Downtown Density increase. Dr. Fayson seconded. Roll call was as follows: Vice Chairman Chavier Dr. Fayson Member Noel-Copeland Chairman Williams Motion Passed. CPA # Conservation Land Uses Mr. Traphagen gave an overview of this item. Vice Chairman Chavier made a motion to approve CPA # Dr. Fayson seconded. Roll call was as follows: Member Noel-Copeland Vice Chairman Chavier Page 3 of 5 Page 6 of 73

7 Planning and Zoning Commission Regular Meeting February 7, 2018 Dr. Fayson Chairman Williams Motion Passed. Ordinance Relating to Wetlands and Conservation Areas Mr. Traphagen gave an overview of this item. 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: Reports Vice Chairman Chavier Dr. Fayson Member Noel-Copeland Chairman Williams Motion Passed. 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. Page 4 of 5 Page 7 of 73

8 Planning and Zoning Commission Regular Meeting February 7, 2018 Petitions and Requests from Public Present None Adjournment 8:11 p.m. Page 5 of 5 Page 8 of 73

9 Category: 9. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Community Development Director Street Renaming No 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 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 Page 9 of 73

10 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 /5/2018 Backup Material Exhibit A - Location Map 1/5/2018 Backup Material Page 10 of 73

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12 Vectorspace Boulevard Property Owners Tax Account Number Property Owner Property Address (Blank cell = no address/vacant) Mailing Address Mail City RUSH CONSTRUCTION INC 6285 VECTORSPACE BLVD 6285 VECTROSPCAE BLVD TITUSVILLE FL VISIONS TRACT G LLC 7025 N WICKHAM RD, UNIT STE 103 MELBOURNE FL RABEL, EDUARDO A 6275 VECTORSPACE BLVD 217 S ATLANTIC AVE COCOA BEACH FL VECTORSPACE ASSOCIATION INC 6285 VECTORSPACE BLVD TITUSVILLE FL TED GLASRUD ASSOCIATES FL LLC 1700 WEST HIGHWAY 36 #650 ROSEVILLE MN CIMMARON LLC 240 N 4TH ST ST PETERSBURG FL DNC PARKS & RESORTS AT KSC INC KENNEDY SPACE CTR VISITOR COMPLEX KENNEDY SPACE CENTER FL RABEL, EDUARDO A 217 ATLANTIC AVE S COCOA BCH FL DNC PARKS & RESORTS AT KSC INC 6225 VECTORSPACE BLVD KENNEDY SPACE CTR VISITOR COMPLEX KENNEDY SPACE CENTER FL NAT'L ASSOC OF CHIEF OF POLICE 6350 HORIZON DR 6350 HORIZON DR TITUSVILLE FL Mail State Mail Zip Code Page 12 of 73

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20 Traphagen, Trevor From: Sent: To: Subject: Whorton, Mark Tuesday, December 05, :29 PM Traphagen, Trevor RE: Street Renaming (SR) No Routed Trevor, I have no objections with this. Regards. Mark Whorton Fire Marshal Titusville Fire & Emergency Services 550 S. Washington Avenue Titusville, FL t f 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 communications may therefore be subject to public disclosure. From: Traphagen, Trevor Sent: Tuesday, December 05, :52 AM To: Ofosu, Kwabena KB; Smith, Ashleigh; Broome, Richard; Reller, Sandra; Whorton, Mark Subject: Street Renaming (SR) No 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 20 th. Thank you, Trevor Trevor Traphagen Senior Planner - Community Development Department 555 South Washington Avenue City of Titusville, Florida Office (321) Page 20 of 73 1

21 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 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, ATTEST: Walt Johnson, Mayor Wanda F. Wells, City Clerk Page 21 of 73 Resolution No. XX-2018 Page 1 of 1

22 COLUMBIA BLVD COLUMBIA BLVD S WASHINGTON AV S HIGHWAY 1 HORIZON DR Legend Subject Property City Limits Page 22 of 73 AERIAL: Street Renaming No BOEING WAY Feet

23 Category: 9. Item: B. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Community Development Director 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 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 Page 23 of 73

24 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 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 Revocation of conditional use permits of the Code of Ordinances of the City of Titusville is hereby amended to read as follows: Sec 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 CUP Extension January 31, 2018 Page 1 of 3 Page 24 of 73

25 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, 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. CUP Extension January 31, 2018 Page 2 of 3 Page 25 of 73

26 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, ATTEST: Walt Johnson, Mayor Wanda F. Wells, City Clerk CUP Extension January 31, 2018 Page 3 of 3 Page 26 of 73

27 City of Titusville "Gateway to Nature and Space" Category: 9. Item: C. REPORT TO COUNCIL To: Planning and Zoning Commission Members From: Peggy Busacca, Community Development Director Subject: Conditional Use Permit (CUP) No Titusville Point Department/Office: Planning Recommended Action: Conduct Public Hearing of Conditional Use Permit (CUP) No 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 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 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 Page 27 of 73

28 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 Page 28 of 73

29 City of Titusville Planning Department Staff Report Conditional Use Permit (CUP) No Titusville Point Meeting Dates: Planning and Zoning Commission: February 21, 2018 City Council Public Hearing: February 27, 2018 Prepared By: Applicant(s): Trevor Traphagen, AICP, Senior Planner 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 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 Existing Proposed Property Use Future Land Use Zoning Vacant Convenience Store with Fuel Pumps (also includes tenant retail and tire store) Commercial High Intensity Community Commercial (CC) SURROUNDING PROPERTY INFORMATION Existing Use Future Land Use Zoning North Vacant Commercial High Intensity South Walmart / Home Depot Commercial High Intensity East Auto Service (Pepboys) Commercial High Intensity West Aldi s / Lowe s Commercial High Intensity Light Industrial and Warehousing (M-1) Regional Commercial (RC) Light Industrial and Warehousing (M-1) Regional Commercial (RC) / Community Commercial (CC) Page 1 of 5 Page 29 of 73 Q:\PLANNING ADMIN\WORKING FILES\(CUP) Conditional Use Permits\2017\CUP# Convenience Store - Titusville Point\Staff Report - CUP docx

30 CUP No Titusville Pointe 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 of the Land Development Regulations. Conditional Use Permit History: This property has been subject of two Conditional Use Permits (CUP) in the past, CUP and CUP CUP No was requested to allow a restaurant with a drive-thru within the Community Commercial (CC) zoning district. CUP No 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 was requested to allow the development of a convenience store with fuel pumps. The development proposed under CUP No 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 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 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 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 is not inconsistent with the Commercial High Intensity Future Land Use designation. Page 2 of 5 Page 30 of 73 Q:\PLANNING ADMIN\WORKING FILES\(CUP) Conditional Use Permits\2017\CUP# Convenience Store - Titusville Point\Staff Report - CUP docx

31 CUP No Titusville Pointe 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-ofway (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 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 Page 3 of 5 Page 31 of 73 Q:\PLANNING ADMIN\WORKING FILES\(CUP) Conditional Use Permits\2017\CUP# Convenience Store - Titusville Point\Staff Report - CUP docx

32 CUP No Titusville Pointe 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 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 (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 Page 4 of 5 Page 32 of 73 Q:\PLANNING ADMIN\WORKING FILES\(CUP) Conditional Use Permits\2017\CUP# Convenience Store - Titusville Point\Staff Report - CUP docx

33 CUP No Titusville Pointe 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 (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 (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 (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 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 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 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. Page 5 of 5 Page 33 of 73 Q:\PLANNING ADMIN\WORKING FILES\(CUP) Conditional Use Permits\2017\CUP# Convenience Store - Titusville Point\Staff Report - CUP docx

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35 SOUTH ST FOLEY RD CALLE CORTO CHENEY HWY CHENEY HWY COLUMBIA BLVD COLUMBIA BLVD Page 35 of 73 Legend Subject Property City Limits RONALD MCNAIR WAY. AERIAL: CUP No Feet

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40 M-1 M-2 M-1 CALLE CORTO M-1 RC AVENIDA REAL OR RC RC CC SOUTH ST SOUTH ST CC CC M-1 CHENEY HWY CHENEY HWY T RC T ZONING MAP RESIDENTIAL DISTRICTS RE RESIDENTIAL ESTATES RR RURAL RESIDENTIAL R-1A SINGLE FAMILY, LOW DENSITY R-1B SINGLE FAMILY, MEDIUM DENSITY R-1C SINGLE FAMILY, HIGH DENSITY R-2 MULTIFAMILY, MEDIUM DENSITY R-3 MULTIFAMILY, HIGH DENSITY RMH-1RESIDENTIAL MANUFACTURED HOUSING SUBDIVISION RMH-2RESIDENTIAL MANUFACTURED HOUSING PARK SUBJECT PROPERTY EXISTING ZONING COMMUNITY COMMERCIAL (CC) HM T NC CC RC OP M-1 M-2 M-3 PID COMMERCIAL DISTRICTS INDUSTRIAL DISTRICTS REZ No HOSPITAL MEDICAL TOURIST NEIGHBORHOOD COMMERCIAL COMMUNITY COMMERCIAL REGIONAL COMMERCIAL OFFICE PROFESSIONAL LIGHT INDUSTRIAL SERVICES AND WAREHOUSING HEAVY INDUSTRIAL HIGHWAY INDUSTRIAL INFILL PLANNED INDUSTRIAL DEVELOPMENT GU OR UMU SMU RHP RMU PD P UV DMU IRCN-R IRCN-C SPECIAL DISTRICTS GENERAL USE OPEN SPACE AND RECREATION URBAN MIXED USE SHORELINE MIXED USE RESIDENTIAL HISTORIC PRESERVATION REGIONAL MIXED USE PLANNED DEVELOPMENT PUBLIC URBAN VILLAGE DOWNTOWN MIXED USE INDIAN RIVER CITY NEIGHBORHOOD RESIDENTIAL INDIAN RIVER CITY NEIGHBORHOOD COMMERCIAL ± TSA AIA WCA ACC HPA OVERLAY DISTRICTS TITUSVILLE SHORELINE AREA AIRPORT IMPACT AREA WETLAND AND CONSERVATIONA AREA AREA OF CRITICAL CONCERN HISTORIC PRESERVATION AREA Community Development Dept. February 27, 2018 Page 40 of 73

41 Category: 9. Item: D. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Planning and Zoning Commission Members Peggy Busacca, Community Development Director 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 Page 41 of 73

42 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 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 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 Reserved. Page 42 of 73 SECTION 2: That Chapter 28 Zoning, Article I General Provisions, Section Reserved of the Code of Ordinances of the City of Titusville is hereby created to read as follows: Sec Reserved Shipping Containers. Shipping containers are not permitted in any zoning category for use as a residential structure. Secs Reserved Shipping Containers as Residences Page 1 of 2 February 1, 2018

43 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,, ATTEST: Wanda F. Wells, City Clerk Walt Johnson, Mayor Page 43 of 73 Shipping Containers as Residences Page 2 of 2 February 1, 2018