Notice 7. CONSENT AGENDA ITEMS 8. OLD BUSINESS 9. NEW BUSINESS. Page 1 of 136

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1 CITY OF TITUSVILLE PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY NOTICE OF REGULAR MEETING July 20, 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. July 6, 2016 Minutes Approve Minutes 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 136

2 A. Code Update - Chapter 34, Procedures Accept the draft changes and reformatting to Chapter 34 - Procedures and associated Development Review Procedures Manaual, as part of the code update. B. Code Update - Accessory Dwelling Units Accept the draft regulations for inclusion of Accessory Dwelling Units into the updated Land Development Regulations. C. Code Update - Conditional Uses 10. REPORTS Accept the draft changes to conditional uses in Chapter 28 - Zoning. 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 136

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 July 6, 2016 Minutes Department/Office: Recommended Action: Approve Minutes Summary Explanation & Background: Alternatives: Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type July 6, 2016 Minutes 7/12/2016 Backup Material Page 3 of 136

4 Planning and Zoning Commission Regular Meeting July 6, 2016 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, July 6, 2016 at 6:00 p.m. XXX Vice Chairman Chavier called the meeting to order at 6:00 p.m. Present were Secretary Chambers, Dr. Fayson, Member Ritchie and Member Baker. Chairman Williams, Dr. Tibbitts and School Board Member Hare were absent. Also in attendance were Senior Planner Trevor Traphagen, Planning Manager Brad Parrish, Assistant City Attorney Chelsea Farrell and Recording Secretary Laurie Dargie. XXX Secretary Chambers motioned to approve the minutes from June 8, 2016 with a correction. Member Baker seconded. There was a unanimous voice vote. XXX Quasi-Judicial Confirmation Procedures None XXX Consent Agenda Items None XXX Old Business None XXX Vice Chairman Chavier said there was a request from the public to hear item 9B. Park Preserve Estates Sketch Plat first due to public being present. Dr. Fayson made a motion to move forward to item 9B of the agenda. Secretary Chambers seconded. The Planning and Zoning Commission agreed to hear this item first. $ew Business Park Preserve Estates Sketch Plat Mr. Traphagen gave an overview of this item. XXX Page 1 of 3 Page 4 of 136

5 Planning and Zoning Commission Regular Meeting July 6, 2016 Micah Loyd of 1110 Riverside Drive Titusville, Florida came in support of this item, and to answer any questions. XXX Member Baker made a motion to approve Park Preserve Estates Sketch Plat. Member Ritchie seconded. Roll call was as follows: Member Baker Yes Vice Chairman Chavier Yes Secretary Chambers Yes Dr. Fayson Yes Member Ritchie Yes Motion Passed. XXX Code Update Chapter 33 Mr. Parrish gave an overview of this item along with a power point presentation. Member Ritchie, Vice Chairman Chavier and Member Baker suggested that there be a minimum open space area requirement to ensure that open space is preserved. Member Baker pointed out some missing information on page 53 of 69 of the agenda packet under Section 33-82, Section and Section Mr. Parrish made note of it and will correct it. Vice Chairman Chavier voiced his concern regarding conservation areas not being maintained and would like this to be reviewed. Vice Chairman Chavier said he has a concern with mitigation because persons buying property know before purchasing the property what they are getting and what the allowed intended use of the property is. Member Baker pointed out that there are duplicate images on pages 35 and 36 of the agenda packet. The Planning and Zoning Commission members told Staff that they appreciate all of the hard work and research that they have put into the code update XXX Planning and Zoning Commission Semi-Annual Report Mr. Traphagen gave an overview of this item. Page 2 of 3 Page 5 of 136

6 Planning and Zoning Commission Regular Meeting July 6, 2016 XXX Reports School Board Member Patricia Hare was unable to attend the meeting but provided a four-page report via and copies were provided to the Planning and Zoning Commission members. Mr. Traphagen informed the Planning and Zoning Commission that the webinar is ready to show after tonight s meeting. Due to it being late the Commission members decided to see the webinar at a later date. XXX Petitions and Requests from Public Present None XXX Adjournment 7:55p.m. Page 3 of 3 Page 6 of 136

7 City of Titusville "Gateway to Nature and Space" Category: 9. Item: A. REPORT TO COUNCIL To: Planning and Zoning Commission Members From: Peggy Busacca, Community Development Director Subject: Code Update - Chapter 34, Procedures Department/Office: Planning Recommended Action: Accept the draft changes and reformatting to Chapter 34 - Procedures and associated Development Review Procedures Manaual, as part of the code update. Summary Explanation & Background: Staff is currently in the process of reorganizing the City's Land Development Regulations (LDR's). Since January, staff has presented multiple chapters of the reformatted code to the Planning and Zoning Commission. Chapter 34, the associated Development Review Procedures Manual has been completed in draft form, and staff is seeking input from the Planning and Zoning Commission. Please note: The text shown with a strikethrough and grey shading has been moved from the code into the Development Review Procedure Manual. The proposed Chapter 34 and the Development Review Procedures Manual are attached. Chapter 34 is proposed to contain all of the various procedures currently in the Code. The procedures include Comprehensive Plan Amendments, rezonings, master plan approvals, conditional use permits, site plans, sub-divisions, variances, and administrative approval processes. In the current format of the code, these procedures are spread throughout different sections. The purpose of this chapter is to consolidate all of the procedures into one chapter and to ensure that options are consistent with one-another and not duplicated throughout the code. The current order of the Procedures chapter in the Code are difficult to follow and are not grouped together based on approval requirements. The format of the proposed Chapter 34 groups items based on approval requirments, and has been arranged as follows. - Legislative & Quasijudicial - Subdivisions - Site Plans - Variances & Appeals - Nonconforming Uses/Structures/Vested Rights - Development Agreements - Fees - Beneficial Use - Doggy Dining Page 7 of 136

8 Alternatives: 1) Accept the draft format of Chapter 34 - Procedures and the Development Review Procedures Manual. 2) Do not accept the draft format. Item Budgeted: NA Source/use of funds/budget Book Page: NA Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type Draft Chapter 34 - Procedures 7/13/2016 Backup Material Draft Procedures Manual 7/13/2016 Backup Material Page 8 of 136

9 Table of Contents Article I General... 3 Article II Legislative & Quasijudicial... 7 Division 1 Comprehensive Plan Amendment... 7 Division 2 Rezonings & Text Amendments Division 3 Master Plans Division 4 Conditional Use Permits (CUP) Article III Subdivisions Division 1 Applicability Division 2 Lot Split Division 3 Small Scale Plat (Minor Division) Division 4 Plat Subdivision 1 Sketch Plat (Conceptual Plan) Subdivision 2 Preliminary Plat (Site Plan) Subdivision 3 Final Plat Division 5 Improvements Required (Agreements) Division 6 Subdivision Waivers Division 7 Plat Endorsement, Recording Article IV Site Plans Article V Variances & Appeals Division 1 Variances Division 2 Appeals to the Board of Adjustment (Appeal of Administrator Interpretation) Division 3 Rehearings of the Board of Adjustment Division 4 Water Sewer Appeals Division 5 Waivers to Technical Manuals Division 6 Waivers to the Downtown Mixed Use Zoning District Division 7 Administrative Waivers to Setbacks Division 8 Administrative Waivers to Lot Size Article VI Nonconforming Uses, Structures/Vested Rights Page 1 of 97 Page 9 of 136

10 Division 1 Nonconforming Uses and Structures Division 2 Certificate of Nonconforming Use Division 3 Vested Rights Determination Article VII Development Agreements Article VIII Fees Article IX Beneficial Use Article X Doggy Dining AREA IMPACT PLAN Page 10 of 136

11 Article I General Sec Applicability. This Chapter sets forth the general application and review procedures required for obtaining development orders and development permits. This Article also specifies the procedures for appealing or requesting reconsideration of decisions, rezonings, conditional use permits, variances, and legislative action. The following procedures provide for the orderly review of permits and development orders in the Florida Statute. (a) Generally The Administrator is authorized and directed to prepare a Development Review Procedures Manual (DRPM) containing supplemental administrative regulations and procedures, forms, applications, submittal requirements, internal review procedures, charts and related materials, consistent with the intent and content of this Code, and necessary to facilitate the efficient, effective and equitable administration of this Code. (b) Format and Publication The Development Review Procedures Manual shall be drafted in plain English, shall have a table of contents and index, and shall be published and made available to the general public at a cost not exceeding the actual cost of duplication. (c) Approval by City Council The Development Review Procedures Manual shall be completed and submitted to the City Council for approval by resolution. Amendments to the Manual shall be presented to the City Council for approval by resolution. (d) No person may resubmit a Rezoning, CPA, Annexation or Conditional Use Permit request within one (1) year after the first denial of said request by City Council, or two (2) years after the second denial. A resubmittal is considered to be a request for identical zoning, CPA, Annexation or Conditional use. A submittal with a significant change in either zoning, CPA, Annexation or Conditional use will not be considered identical. [Formerly Sec ] Sec Establishment of the Development Review Procedures Manual (DRPM) A Procedures Manual is hereby established. The procedures manual provides additional standards, criteria, and submittal requirements for specific Development Order Standards. Sec The applicant. [Formerly Sec ] Applications for a development order or permit approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the development order approval sought. Applications shall be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this chapter, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). The Administrator may require an applicant to submit evidence of his authority to submit the application whenever there appears to be a reasonable basis for questioning this authority. 3 Page 11 of 136

12 Sec Applications must be complete to form and content. [Formerly Sec ] (a) Applications shall be made on forms provided by the Community Development Department and must be complete, including all plans and attachments required by these regulations, before the Administrator is required to consider said application. (b) The Administrator shall receive all applications and have the authority to determine the completeness of an application within 5 working days based on whether it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of the Land Development Regulations (LDRs). (c) If the Administrator determines an application does not contain information necessary to meet the requirements of paragraph (b) above, the applicant shall be notified that the required information must be submitted to the City within ninety days of said notification. (d) If the applicant fails to provide the information and/or meet the deadline specified in subparagraph (c) above, the application will be administratively withdrawn from further consideration and the City shall determine if appropriate refunds shall be issued to the applicant. This shall not prevent the applicant from resubmitting an application for the same or similar request in the future. (e) A pre-application meeting shall be conducted with staff prior to the submittal of an application. (f) Application shall be made available to the public either in the Community Development Department or City Clerk s office. Sec Required information and forms. [Formerly Sec ] The Administrator shall provide necessary applications and other supplemental information as described in Sec. 1.2 of the Development Review Procedures Manual. The Administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. Where a minimal amount of information is necessary to enable the Administrator to determine compliance with these regulations. such as application for zoning concerning permits to construct single-family or duplex houses, or applications for sign permits, the Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information. Sec Reference to standards. [Formerly Sec ] Detailed or technical design requirements and construction specification relating to various types of improvements (streets, sidewalks, etc.) are set forth in the Performance Requirements, Chapters 39 and 51, and in Chapter 63, Appendix/Illustrations.City of Titusville Design and Technical Requirements manual. Further information regarding references to standards are established in Sec. 1.3 of the Development Review Procedures Manual.It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this text of these regulations. However, 4 Page 12 of 136

13 wwhenever these regulations require a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these regulations, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty. Sec Applications to be processed expeditiously. [Formerly Sec ] Applications shall be processed pursuant to Section 1.3 of the Development Review Procedures Manual. (a) Recognizing that inordinate delays in acting upon applications may impose unnecessary costs on the applicant, the city shall make every reasonable effort to process permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirement of these regulations. (b) If the application is for an activity listed in Section 47-1 requiring approval by the City Council and/or other Official Board or Commission and the requirements of these regulations have been met, the Administrator shall place the application on the agenda of the appropriate board. If the applicant indicates that the application is as complete as he intends to make it, and the Administrator believes that the application is incomplete, he shall recommend to the appropriate board that the application be denied on that basis. The administrator shall recommend denial to the appropriate board if the administrator deems an application is incomplete. Sec Public hearing approvals required. [Formerly Sec. 47-1] The following actions require the approval of City Council after review and recommendation by the Planning and Zoning Commission and approval from the Community Redevelopment Agency when required: (a) Annexations; (b) Amendments to the Adopted Comprehensive Plan of the City of Titusville, including: (1) Amendments to the adopted Goals, Objectives and Policies of the Comprehensive Plan; (2) Amendments to the Future Land Use Map (Comprehensive Plan Amendment or CPA); (c) Land Development Regulations; (d) Conditional Uses in the districts where so designated (see Chapter 59, Zoning); (e) Community Redevelopment District Activities, acting as the community Redevelopment Agency (CRA); (f) Planned Development, Planned Industrial Development, Planned Office Park, Regional Mixed Use, and Urban Village applications. (1) Master Plan (g) Subdivision approval for: (1) Sketch Plat (2) Final Plat. (h) Other actions as directed by the City Council. Sec Administrative approvals required. [Formerly Sec. 47-2] The following activities require approval or the issuance of a development order (permit) by the Community Development Department, and are under the implementation authority of the Administrator: 5 Page 13 of 136

14 (a) All site plan approvals; (b) Building permits in compliance with these regulations; (c) Sign Permits; (d) Interpretation of land uses where deemed appropriate; (e) Determination of consistency with the comprehensive plan and the concurrency management system as an individual determination, or as part of the issuance of a development order; (f) Determination of compliance and issuance of a certificate of occupancy (C.O.); (g) Issuance of occupational licenses; (h) Application and collection of fees. Sec Permits Required. [Formerly Sec. 47-3] No use of property or change to same, including clearing, grubbing, grading or excavation, shall be commenced, nor shall buildings or other structures be constructed, erected, moved or altered without first obtaining a permit or approval as set forth in Sections 47-1 and 47-2 above. Sec Permits applicable to land. [Formerly Sec. 47-4] All development orders or permits shall be issued in the name of the applicant but shall apply to the land, lot, parcel or site described in said permit, except for occupational licenses which apply to the individual as well as to the site. Sec Burden of presenting evidence; burden of persuasion. [Formerly Sec. 47-4] (a) The burden of presenting a complete application to the permit-issuing body shall be upon the applicant. The Administrator shall determine if an application is complete before processing same. (b) Once a completed application has been submitted, the burden of presenting evidence that the applications should be denied for any reason shall be upon the party or parties urging this position. (c) The burden of persuasion on the issues of whether the development will comply with the requirements of this chapter remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be denied rests on the party or parties urging that the requested permit should be denied. Sec Reserved. 6 Page 14 of 136

15 Article II Legislative & Quasi-judicial Division 1 Comprehensive Plan Amendment Text Amendment and map amendments both follow the same process below. Sec Intent. [Formerly Sec ] This section is intended to establish the procedure for adoption of a Comprehensive Plan Amendment, which takes approximately eight (8) months from application submittal to City Council adoption the final adoption hearings, if approved for transmittal. Comprehensive Plan Amendments include Text Amendments and Map Amendments. Text amendments can modify, add or delete the text of the City s Comprehensive Plan. A Map Amendment can change the land use category on the City s Future Land Use Map. A Comprehensive Plan Amendment includes amendments to the adopted Goals, Objectives and Policies of each element of the Comprehensive Plan, the Future Land Use Map (FLUM), the Future Traffic Circulation Map (FTCM), and the Schedule of Improvements contained in the Capital Improvements Element. It is further intended that the City fully comply with Section , Florida Statutes, the process for adoption of comprehensive plan or amendments, and Administrative requirements of DCA Rule 9J-5 F.A.C. Therefore, Tthe applicant shall supply all necessary data and analysis as required by Rule Chapter 9J-5 F.A.C. to support a request for a Comprehensive Plan Amendment. In addition, the applicant must demonstrate that the proposed amendment is consistent with the elements of the Comprehensive Plan and the application shall contain the general requirements listed in this SectionSections et seq., below. Any provision of applicable law which is in conflict with these regulations shall control over these regulations. And the follow the procedures as set forth in Chapter 163 and Chapter 360 of the Florida Statute as amended. Sec Exemptions. (a) The following shall not be considered Comprehensive Plan amendments: (1) Correction, updates and modification concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the plan; or the date of construction of any facility enumerated in the Capital Improvement Element may be accomplished by ordinance. (2) Zoning/rezoning (excluding annexations) or conditional use approval that is consistent with the Comprehensive plan, as set for this [forth in] these regulations. (b) The following are exempt from the twice a year requirement set forth in Section et seq., below: (1) Emergencies; which include any occurrence or threat thereof, whether accidental or natural, caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, or substantial damage to or loss of property or public funds, if the proposed amendment receives unanimous approval of the City Council. (2) A Development of Regional Impact (DRI) application, or changes determined to be substantial deviations and Florida Quality Developments pursuant to Section F.S. (3) Small Scale Developments, as described below: a. The cumulative annual effect of the acreage for all small scale development amendments adopted by the City do not exceed: 7 Page 15 of 136

16 (I) A maximum of 120 acres in the City that contains areas specifically designated in the local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in , F.S., urban infill and redevelopment areas designated under , F.S., transportation concurrency exception areas approved pursuant to (5), F.S., or regional activity centers and urban central business districts approved pursuant to (2)(e), F.S.; however, amendments under this paragraph may be applied to no more than 60 acres annually of property outside the designated areas listed in this sub-sub-subparagraph. (II) A maximum of 80 acres in a the City that does not contain any of the designated areas set forth in sub-sub-subparagraph (I). b. The proposed amendment does not involve the same property granted a change within the prior 12 months. c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months. d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the City's adopted comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. e. The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of (3) F.S., and is located within an area of critical state concern designated by , F.S., or by the Administration Commission pursuant to (1), F.S. Such amendment is not subject to the density limitations of sub-subparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern for urban infill, urban redevelopment, or downtown revitalization as defined in , F.S., urban infill and redevelopment areas designated under , F.S., transportation concurrency exception areas approved pursuant to (5), F.S., or regional activity centers and urban central business districts approved pursuant to (2)(e), F.S. f. If the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre, except that this limitation does not apply to small scale amendments described in sub-sub-subparagraph a.(i) that may be designated in the City's adopted comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in , F.S., urban infill and redevelopment areas designated under , F.S., transportation concurrency exception areas approved pursuant to (5), F.S., or regional activity centers and urban central business districts approved pursuant to (2)(e), F.S. Sec Required information/exhibits. [Formerly Sec ] (a) In addition to the requirements listed in section et seq. of these regulations, Ffor any proposed amendment to the Future Land Use Map, land use changes and annexations the applicant shall provide the followingthe submittals specified in the procedures manual. The application shall provide information as set forth in the Development Review Procedures Manual Section 3.1. (1) Location of the property on which the change in land use (or annexation) is requested. (2) Existing zoning of subject property. (3) Proposed zoning of subject property. 8 Page 16 of 136

17 (4) Existing land use designation of subject property. (5) Proposed land use designation of subject property. (6) Current use of subject property. (7) Proposed use of subject property. (8) General site description: a. Size (acres or square footage). b. Access point(s). c. Special site limitations (i.e. natural and/or physical barriers). (9) Traffic counts and LOS on streets providing access to subject property may be required by the City. A determination of the needed information will be provided by the City prior to submittal of the request. (10) General recharge potential and estimated impacts of the request on the Areas of Critical Concern, if applicable. (11) Additional site-specific data as necessary to describe any impacts to conservation/wetland areas, and other environmentally sensitive resources, including any mitigation efforts to be proposed or required by these regulations. (12) A digital and paper copy of the legal description of the real property on a certified and sealed survey or recorded subdivision plat map indicating the extent of the site to be annexed or assigned another future land use. A perimeter boundary survey of multiple contiguous properties and a survey of the areas to be rezoned may be required if determined by the City Administrator. (13b) A conceptual site plan may be submitted pursuant to Subsection [Formerly Sec (f).] In order to illustrate the proposed use of the property to be rezoned, the applicant is encouraged to submit a conceptual site plan in support of the proposal. This conceptual site plan shall be binding on the applicant and specific conditions or features contained in said conceptual site plan may be incorporated as part of a development agreement or development order. The binding nature of the conceptual site plan shall not prohibit the Administrator from approving minor adjustments to address engineering issues during the development review process, but in no way shall any adjustments in the conceptual site plan deviate from the overall intent of the conceptual site plan approved by City Council. If a conceptual site plan or developer's agreement is not provided with the application, the City shall review the application based on the most intensive land use and the maximum intensity and/or density within the zoning district requested within the application. If a conceptual site plan is submitted, the following information shall be provided: (1) A vicinity map indicating the general location of the abutting streets and utilities, and a complete legal description of the property. (2) General development information, including: a. General information regarding the existing site conditions and physical characteristics, adjacent community facilities and public utilities and surrounding property conditions. b. General description of the proposed development including the total acreage, the proposed number of buildings, or the number of units. c. The location of existing buildings and structures including the dimensions. d. The means of ingress and egress to the project. 9 Page 17 of 136

18 e. Approximate location of all property lines, existing right-of-way, utilities and drainage easements. f. General location and dimension of all existing and proposed parking and/or loading areas. g. General information about proposed landscaped areas including existing trees and tree clusters. h. Information showing approximate location of all structures and major features, setbacks, distance between structures and property lines, floor areas, width of driveways, parking spaces, property or lot lines, percent of property or lot lines, percent of property coverage. Sec Application deadline [These requirements have been addressed in Sec below] (a) The City of Titusville may submit Comprehensive Plan amendments to the State Department of Community Affairs (DCA). (b) City staff shall review the requests and make a recommendation to the Planning and Zoning Commission (Local Planning Agency (LPA)). Sec Discouragement of Urban Sprawl. [Formerly Sec ] The City will require a mixture of housing types and uses as a means to discourage urban sprawl, reduce greenhouse gases, and achieve energy efficient land use patterns. The City shall control urban sprawl, characterized by leapfrog development, strip development, and low density residential over a large area. [The criteria below are based on criteria from St. Johns County] (a) The City shall only issue development orders or development permits consistent with the provisions of the City Concurrency Management System, as provided in the Land Development Code. (b) All Comprehensive Plan amendments shall provide justification for the need for the proposed amendment and demonstrate how the proposed amendment discourages urban sprawl and not adversely impact natural resources. In evaluating proposed amendments, the City shall consider each of the following: (1) The extent to which the proposed amendment is contiguous to an existing development area which has developed in a manner providing a compact, contiguous development pattern with the proposed amendment; (2) The extent to which population growth and development trends warrant an amendment, including an analysis of vested and approved but unbuilt development; (3) The extent to which adequate infrastructure to accommodate the proposed amendment exists, or is programmed and funded through an adopted Capital Improvement Schedule, or will be privately financed through a binding executed agreement, or will otherwise be provided at the time of development impacts as required by law; (4) The extent to which the amendment will result in an efficient use of public funds needed for the provision of new infrastructure and services related to it; (5) The extent to which the amendment will not result in a sprawl development pattern as determined by Chapter 163, Florida Statutes, and will not discourage infilling of more appropriate areas available for development within existing Development Area Boundaries; and (6) The extent to which the amendment will result in a sustainable development pattern through a balance of land uses that is internally interrelated; demonstrates an efficient use of land; ensures compatible development adjacent to agriculture lands; protects environmental qualities and characteristics; provides interconnectivity of roadways; supports the use of 10 Page 18 of 136

19 non-automobile modes of transportation; and appropriately addresses the infrastructure needs of the community. (7) The extent to which the amendment results in positive market, economic and fiscal benefits of the area as demonstrated through a market demand analysis, economic impact analysis and fiscal impact analysis. (c) The extension or expansion of utilities and roads should promote compact, contiguous development patterns. (d) The City shall encourage urban and suburban growth only in areas where public facilities and services exist, and will not require expansion or increases in capacity as compared to existing facilities. (e) Comprehensive Plan amendments to add development area shall be discouraged unless the applicant demonstrates the amendment provides economic development, job creation, preservation of the natural environment, or other public benefit. (f) The City shall encourage infill development. Infill development is development on a vacant parcel or parcels of land within areas that are surrounded by an existing built area. Compatibility of the infill development shall be considered with the development review process. (g) They City shall encourage redevelopment of already developed properties so as to utilize existing public facilities and revitalize existing neighborhoods. (a) In its review of proposed Comprehensive Plan amendments, City staff shall include in its report to the Local Planning Agency a finding of whether or not the proposed Comprehensive Plan amendment does not discourage the proliferation of urban sprawl. [These are the current sprawl statements in the Land Development Regulations] (b) The primary indicators that a proposed Comprehensive Plan amendment does not discourage the proliferation of urban sprawl are listed below. The evaluation of the presence of these indicators shall consist of an analysis of the proposed plan amendment within the context of features and characteristics unique to the City in order to determine whether the plan or plan amendment: 1. Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses in excess of demonstrated need. 2. Promotes, allows or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping over undeveloped lands which are available and suitable for development. 3. Promotes, allows or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments. 4. As a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. 5. Fails adequately to protect adjacent agricultural areas and activities, including silviculture, and including active agricultural and silvicultural activities as well as passive agricultural activities and dormant, unique and prime farmlands and soils. 6. Fails to maximize use of existing public facilities and services. 7. Fails to maximize use of future public facilities and services. 8. Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. 9. Fails to provide a clear separation between rural and urban uses. 10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. 11 Page 19 of 136

20 11. Fails to encourage an attractive and functional mix of uses. 12. Results in poor accessibility among linked or related land uses. 13. Results in the loss of significant amounts of functional open space. Sec Procedures for Processing a Comprehensive Plan Amendment. Comprehensive Plan Amendments shall be processed pursuant to Chapter 163 of the Florida Statutes. In addition to the procedures set forth in Chapter 163 of the Florida Statute, the Planning & Zoning board shall make recommendations to the Council as the LPA pursuit to Chapter 163 Florida Statue. Sec Transmittal public hearings. (a) A preliminary transmittal public hearing shall be held by the Local Planning Agency pursuant to Section (4), F.S., and make recommendation to City Council. (b) A transmittal public hearing shall be held by the City Council pursuant to Chapter 163 of the Florida Statutes Section (15)(b)1, F.S. (c) In addition to the advertising and notice required by Chapter 163 of the Florida StatutesSection (15)(b) and , Florida Statutes, in the event the City initiates a Comprehensive Plan Amendment that changes the permitted uses of land or changes land use categories, the City shall mail to the property owners affected by the Plan Amendment a courtesy notice to the property owners within 500 feet of the property, as shown on the latest Brevard County Ad Valorem Tax Roll at least ten (10) days in advance of the meeting of the City Council. The failure to receive the courtesy notice shall not be grounds to invalidate the Plan Amendment. Sec Reapplication. No person may resubmit a Rezoning, CPA, Annexation or Conditional Use Permit, Comprehensive Plan Amendment request within one (1) year after the first denial of said request by City Council, or two (2) years after the second denial. A resubmittal is considered to be a request for identical zoning, CPA, Annexation or Conditional usecomprehensive Plan Amendment. A submittal with a significant change in either the zoning will not be considered identical. Sec Review by the Department of Community Affairs. [Not necessary, these regulations are in the State Statutes.] (a) Upon receipt of the proposed amendment, the DCA shall review same and issue an Objections, Recommendations and Comments (ORC) Report pursuant to Section (4), (5) and (6) F.S. (1) The DCA mails ORC report approximately second Tuesday in July (Spring submittal). (2) The DCA mails ORC report approximately second Tuesday in January (Fall submittal). Sec Local government response to dca orc report/adoption public hearings. [Not necessary, these regulations are in the State Statutes.] (a) The City of Titusville shall review the ORC Report to adopt, adopt with changes, or not adopt the proposed amendment pursuant to Ch , F.S, as they may be amended from time to time. (b) The Local Planning Agency (LPA) shall review the ORC Report and response from the staff and the applicant. The LPA shall hold a public hearing on the proposed amendments and recommend to the 12 Page 20 of 136

21 City Council that they be adopted, adopted with conditions, or denied. If a majority vote can not be reached, a recommendation for denial shall be assumed. (c) City Council holds adoption public hearing pursuant to (a) above. (d) In addition to the advertising required by Section (15)(b) and , Florida Statutes, in the event the City initiates a Comprehensive Plan Amendment that changes the permitted uses of land or changes land use categories, the City shall mail to the property owners affected by the Plan Amendment a courtesy notice to the property owners located within 500 feet of the property, as shown on the latest Brevard County Ad Valorem Tax Roll at least ten (10) days in advance of the meeting of the City Council. The failure to receive the courtesy notice shall not be grounds to invalidate the Plan Amendment. Sec Transmittal of adopted amendment to the DCA. [Not necessary, these regulations are in the State Statutes.] (a) The adopted amendment shall be mailed to the DCA and other state and local agencies as required by Section (7), F.S., as it may be amended from time to time. Sec Notice of Intent issued by the DCA. [Not necessary, these regulations are in the State Statutes.] (a) Within 45 calendar days of receipt the DCA shall issue a Notice of Intent to find the adopted amendment in Compliance or not in compliance. Sec When the Comprehensive Plan amendment is found in compliance. [Not necessary, these regulations are in the State Statutes.] (a) Any affected person (as defined in section (1)(a), Florida Statutes) within 21 calendar days after the publication of the Notice of Intent may file a petition challenging the determination of compliance. (b) Upon DCA's finding that the petition is valid, it shall be forwarded to the Division of Administrative Hearings, Department of Administration. Sec When the Comprehensive Plan amendment is found not in compliance. [Not necessary, these regulations are in the State Statutes.] (a) The DCA sends Notice of Intent to Division of Administrative Hearings, Department of Administration to set up a hearing date. (b) The local government's determination shall be sustained (pursuant to Section (10)(a)),unless it is shown by the preponderance of evidence that the comprehensive plan amendment is not in compliance, or that the determination of consistency is fairly debatable. Sec Reserved. Division 2 Rezonings & Text Amendments The procedures of this part of Procedures Manual shall be followed by persons who desire to amend the official zoning map, and when prescribed by this code for the authorization of certain uses and regulatory standards. 13 Page 21 of 136

22 Sec Zoning amendments and rezoning. [Formerly Sec ] (a) Rezoning: The City Council and Aany property owner may request that his their property be rezoned, by filing with the Community Development Department (the Department)City, a written rezoning application. Rezoning applications shall be submitted and hearing dates established in accordance with the "Application Deadline and Meeting Schedule" published by the DepartmentCity and available in the Department and the City Clerk's office. All applications shall be accompanied by a fee as set forth in Section the land development fee schedule as adopted. [Fees are being moved to a schedule which will be adopted by resolution] Sec Amendments to land development regulations. [Formerly Sec ] (a) The City Council and Aany property owner or his duly authorized agent may request an amendment to any Section or requirement contained within these land development regulations. Amendments include changes, additions and deletions and shall be processed in the same manner as a rezoning request. Any such proposal that affects the provisions of the Titusville Comprehensive Plan shall also be considered a Comprehensive Plan Amendment and be processed pursuant to Article XIII as well as Section , as applicablethis chapter. Sec Administrative amendments. [City initiated amendments will be processed using the standard rezoning or text amendment process] (a) Any department of the City, any board or commission or agency of the City and the City Council, may initiate a request for amendment to these land development regulations or administrative rezoning of any property. Any such request shall be submitted to the Administrator pursuant to Section , Section and Article XIII, as applicable. Notice and advertising requirements shall comply with all applicable state and local laws. (b) Administrative Amendment request shall be forwarded to the Planning and Zoning Commission within sixty (60) days of receipt unless the provisions of Article XIII Comprehensive Plan Amendment process must be complied with, in which case, the time frames stated herein shall apply. (c) Administrative amendments to these regulations shall be based upon the adopted Comprehensive Plan and the best interests of the public health, safety, and general welfare. Sec Pre-application meeting. Per Sec. 34-4(e) a pre-application meeting shall be held with staff prior to the submittal of an application for a rezoning or text amendment. Sec Zoning amendments and rezoningsubmittals. [Formerly Sec ] The Applicant shall provide the submittals specified in the procedures manual. The application shall provide information as set forth in the Development Review Procedures Manual Section 4.1. (b) Each application shall contain the following information: (1) The name and address of the owner of the property requested to be rezoned. (2) If the application is signed by a person other than the owner of the property, notarized consent by the owner shall be attached. (3) A digital and paper copy of the legal description of the real property on a certified survey or recorded subdivision plat map reflecting the boundaries of the property requested to be 14 Page 22 of 136

23 rezoned. A perimeter boundary survey of multiple contiguous properties and a survey of the areas to be rezoned may be required if determined by the City Administrator. (4) The current City of Titusville zoning classification for the property requested to be rezoned. (5) The current City of Titusville future land use designation for the property requested to be rezoned. (6) Names and addresses of all property owners, and mailing labels, as shown on the latest Brevard County ad valorem tax roll, whose property is located within five hundred (500) feet of the property requested to be rezoned, accompanied by a corresponding map, similar to that maintained by the Brevard County Property Appraiser, reflecting the location and boundaries of the property located within five hundred (500) feet of the property requested to be rezoned. (7) The City of Titusville zoning classification to which the applicant is requesting the subject property be rezoned. (8) Statement indicating purpose of request. In the event the requested rezoning is to a classification which is inconsistent with the City of Titusville Comprehensive Plan, Future Land Use Map, then the application shall be returned to the applicant for resubmittal and processing as a Comprehensive Plan Amendment (CPA) pursuant to Article XIIIArticle II, Division I. If the zoning request is consistent, the application shall be processed as set forth in (c), belowthese regulations. (f) In order to illustrate the proposed use of the property to be rezoned, the applicant is encouraged to submit a conceptual site plan in support of the proposal. This conceptual site plan shall be binding on the applicant and specific conditions or features contained in said conceptual site plan may be incorporated as part of a development agreement or development order. The binding nature of the conceptual site plan shall not prohibit the Administrator from approving minor adjustments to address engineering issues during the development review process, but in no way shall any adjustments in the conceptual site plan deviate from the overall intent of the conceptual site plan approved by City Council. If a conceptual site plan or developer's agreement is not provided with the application, the City shall review the application based on the most intensive land use and the maximum intensity and/or density within the zoning district requested within the application. If a conceptual site plan is submitted, the following information shall be provided: (1) A vicinity map indicating the general location of the abutting streets and utilities, and a complete legal description of the property. (2) General development information, including: a. General information regarding the existing site conditions and physical characteristics, adjacent community facilities and public utilities and surrounding property conditions. b. General description of the proposed development including the total acreage, the proposed number of buildings, or the number of units. c. The location of existing buildings and structures including the dimensions. d. The means of ingress and egress to the project. e. Approximate location of all property lines, existing right-of-way, utilities and drainage easements. f. General location and dimension of all existing and proposed parking and/or loading areas. g. General information about proposed landscaped areas including existing trees and tree clusters. 15 Page 23 of 136

24 h. Information showing approximate location of all structures and major features, setbacks, distance between structures and property lines, floor areas, width of driveways, parking spaces, property or lot lines, percent of property or lot lines, percent of property coverage. (g) Any property proposed to be rezoned to districts with a density limit may be proposed by the applicant at a lesser density than the maximum for that district. The City Council may also assign a lesser density to the proposal based upon the review process set forth in (c), above, and concurrence of the applicant. (h) Applications shall also include, to the extent appropriate as required by the administrator, the information contained in Sections and of the Code of Ordinances of the City of Titusville including a binding Conceptual Site Plan. Sec Zoning amendments and rezoningcriteria. [Formerly Sec ] (ca) The application shall be forwarded to the Planning and Zoning Commission for their review and recommendation to the City Council. The application shall be reviewed by the Planning and Zoning Commission and the City Council based upon the following criteria: (1) Whether the application is consistent with the adopted Comprehensive Plan and associated elements: a. Public facilities as required by the Comprehensive Plan and Land Development Regulations will be available and concurrent with the development. b. Adequate existing improved public streets are available and/or the applicant has made provisions for installation of said improvements. c. The land will support the proposed development and will not be subject to flooding or other physical constraints so as not to support the development. d. The environmental impact of the proposed rezoning. (2) Whether the application is consistent with the Land Development Regulations. (32) The existing zoning, if deemed consistent with the Comprehensive Plan, shall be presumed correct unless substantial change in the area has occurred since the original zoning. (43) The density or intensity of the proposed rezoning and use shall be consistent with: a. The development in the area; and b. Not likely to cause a depreciation of property values in the area. (54) That the application is consistent with zoning in the area. (65) That the application will protect the public health, safety, morals or welfare of the general public. (76) Whether the applicant has sufficiently protected adjacent land uses and zoning districts by adequate buffering and screening. (87) There are substantial reasons why the property cannot be used in the existing zoning district. Sec Zoning amendments and rezoningadvertising and Notice. [Formerly Sec ] (da) The required public hearing(s) shall provide for all parties in interest to be heard. The procedure for publication of notice for the public hearing on any request shall be in accordance with Chapters 163, 166 or 171, F.S., whichever is applicable, [and] at least ten (10) days' notice of the time and place of 16 Page 24 of 136

25 such hearing shall be published in a newspaper of general circulation in the City. In addition, a courtesy notice will be sent to the property owners, as shown on the latest Brevard County ad valorem tax roll, located within five hundred (500) feet of the property based upon the list of said owners supplied in Subsection (a)(6), above. In addition, the City will post a notice on subject property at least ten (10) days prior to the public hearing. The failure to deliver a courtesy notice or the failure of an adjacent property owner to receive a courtesy notice or failure to post the property shall not be grounds to invalidate the request. (eb) Approval of a rezoning request shall be granted based on a positive vote by a majority of City Council (three (3) members). A rezoning request shall be deemed denied when three (3) members of the City Council vote against a motion to approve the request or when three (3) members vote for approval of the motion to deny the request. In the event of a tie vote or in the event of a two (2) to one (1) vote, the action of the City Council shall be considered to be denial of the rezoning request. Sec Reapplication. [Formerly Sec ] No person may resubmit a Rezoning, CPA, Annexation or Conditional Use Permit request within one (1) year after the first denial of said request by City Council, or two (2) years after the second denial. A resubmittal is considered to be a request for identical zoning, CPA, Annexation or Conditional use. A submittal with a significant change in eitherthe zoning, CPA, Annexation or Conditional usecomprehensive Plan Amendment will not be considered identical. Sec Reserved. Division 3 Master Plans Sec Master Plan. A Master Plan is a land-use plan focused on one or more sites within an area that identifies site access and general improvements and is intended to guide growth and development over a number of years, or in several phases. Sec Applicability. (a) A Master Plan adopted prior to the effective date of this ordinance shall continue to be governed by the terms of such plans unless expired. All Master Plans shall be indicated on the Zoning Atlas. (b) A district wide Master Plan is required with the submittal of a Planned Development rezoning. (c) A district wide Master Plan is required prior to development in the Regional Mixed Use, Urban Village and Planned Industrial Development zoning districts. Sec PLANNED DEVELOPMENT DISTRICTS (REZONING). A Planned Development (PD) is a special district used to establish a zoning category to facilitate unique development within an established future land use designation. The purpose of a PD district is to: Provide flexibility in the planning and construction of development projects by allowing a combination of 17 Page 25 of 136

26 uses developed in accordance with an approved plan that protects adjacent properties; Provide an environment within the layout of a site that contributes to a sense of community and coherent living style; Encourage the preservation and enhancement of natural amenities and cultural resources, and to provide for a minimum amount of open space; Provide for a more efficient arrangement of land uses, buildings, circulation systems, and infrastructure; and, Encourage infill projects and the development of sites made difficult for conventionally designed development because of shape, size, abutting development, or natural features. A PD district is intended to assure that a project is developed to the highest aesthetic standards of the City of Titusville, and all uses shall be consistent with the designated future land use. Sec Unified control. [Formerly Sec PUDZ and UV] (a) All land included in a master plan shall be under the legal control of the applicant, whether the applicant is an individual, partnership or corporation or group of individuals, partnerships or corporations. The applicant shall state agreement to: (1) Proceed with the proposed development according to the provisions of this Chapter. (2) Provide agreements, contracts, deed restrictions, and sureties acceptable to City Council for completion of the development according to the approved plans and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; and (3) Bind their successors in title to any commitments made under (1) and (2) aforementioned. (b) All such agreements and evidence of unified control shall be examined by the City Attorney. A master plan shall only be approved after review by the City Attorney to confirms that agreements and evidence of unified control meet the requirements of this district. Sec Master Plan Submittal. Master Plan Submittal. A Master Plan is required for determination as to the internal relationship between uses, activities proposed and their supporting systems and facilities. The Master Plan shall also address the relation to surrounding uses, activities, systems and facilities. The Master Plan shall at a minimum contain the following information:information as set forth in the Development Review Procedures Manual Section 5.1. (a) All information required for a sketch plat section (b) Development plan identifying the location and acreage of each component and district of the project, including the location and placement of proposed land uses by type and density, density, layout of lots, open space designation, location of landscape buffer areas required by these regulations, recreational facilities, commercial uses, other permitted uses, off-street parking and loading locations and refuse collection locations. (c) Development plans showing access and buffer areas (both external and internal) to the development and how pedestrian and other non-motoring travel will be safely integrated. (d) Tabulations of acreage devoted to each use and total gross acreage of the project. These tabulations shall include acreage totals for each use, open space designations, recreation facilities, streets, parks, schools and other uses. Within these tabulations, information relative to the total number and type of residential units, the residential density for each type of unit, and the overall residential density of the project shall be provided. 18 Page 26 of 136

27 (e) An environmental component including maps and analyses which determine the effect of the proposed development upon the conservation/preservation of native habitat, wildlife, floodplains, recreation advantages wetlands and other natural resources. (f) Documentation as to the impact of the proposed development on the levels of service for roads, potable water, sanitary sewer, solid waste drainage, parks and any other services as noted in section public facilities and services. (g) A stormwater management plan with sufficient detail included to demonstrate that the proposed development can comply with the requirements of the Land Development Regulations. (h) In addition to the above, the Planning and Zoning Commission and City Council may require additional material such as plans, maps, studies and reports which may be needed in order to make the necessary findings and determinations that the project is in compliance with the applicable guidelines of the Comprehensive Plan and these regulations. (i) The Master Plan shall be drawn to a scale no smaller than one hundred (100) feet to one (1) inch on a minimum sheet size of 24 inches X 36 inches. Sec Deviations from Approved Plans. Deviations from approved development concept plans or failure to comply with any requirement, condition or safeguard imposed by the City Council during the approval or platting procedure shall constitute a violation of these land development regulations. Sec Master Plan Approval. Following review and administrative approval of the Master Plan, the applicant shall submit the Master Plan to the Planning and Zoning Commission for their recommendation and to the City Council for final approval. The Master Plan shall include the internal road network of all collector and arterial road rights-of-ways and their ingress/egress points into the development. Alteration of collector or arterial road rights-of-ways or ingress/egress points into the development shall require amendment to the Master Plan at the discretion of the Administrator consistent with the Modification Classification Table. Alterations to the internal road network with a local street designation, which does not involve ingress/egress points into the development may be approved administratively without revising the master plan. Conditions may be imposed as part of the approval process. Sec Master Plan. All Master Planned Resolutions and Planned Development rezoning ordinances shall be in the following standard format. Exceptions to this requirement are planned developments in the Urban Village (UV), Regional Mixed Use (RMU), and Planned Industrial Development (PID) zoning districts. These zoning districts establish allowable uses and development standards. 1.1 DESCRIPTION 1.2 LEGAL DESCRIPTION 1.3 REFERENCE TO GENERAL DEVELOPMENT PLAN 1.4 PERMITTED USES (List permitted uses do not refer to zoning district / consider Use Classifications) 1.5 DENSITY / INTENSITY CONTROL 1.6 CRITICAL DESIGN FEATURES 19 Page 27 of 136

28 1.7 LAND USE ALLOCATION TABLE 1.8 AREA, HEIGHT, BULK & OPEN SPACE REQUIREMENTS (prescribe standards for all development areas) 1.9 ROADWAY DESIGN / TRAFFIC CIRCULATION 1.10 UTILITIES 1.11 NATURAL RESOURCES 1.12 BUFFERING / SCREENING 1.13 PROCEDURES (Describe procedures to be followed for implementation. Normal progress through site and subdivision should be rule. Prescribe special procedures if necessary. Address unity of title / control ) Sec Approved Master Plan. Amendment to a current approved Master Plan that does not involve a change of use may be processed as a Master Plan per the approval process established in Division II. Sec Platting of lots. A Sketch Plat may be submitted with a Master Plan and approved as part of the Rezoning. All information required to review and approve a Sketch Plat shall be submitted. The Master Plan or Sketch Plat procedures shall not preclude the need for a recorded Plat or approved Site Plan prior to the first lot conveyance or Certificate of Occupancy. Sec Phasing. A phasing schedule for any development proposal to be completed in more than one phase shall be submitted for approval with the master plan. A Development Agreement may be submitted and approved with a Master Plan. All information required to review and approve a Development Agreement shall be submitted. Sec Amendment to the Master Plan. Amendments to an approved Master Plan shall follow the procedures in the Development Review Procedures Manual, Section 2.2. (a) Requests to modify the original Master Plan may be executed by the Administrator in cases where the modification is classified as a minor modification in the Modification Classification table. (b) Modifications determined to be Substantial Modifications are considered non-administrative and shall require approval from the City Council with recommendation from the Planning and Zoning Commission through the Rezoning process as an amendment to the master plan. Requests for nonadministrative modifications are listed in the Modification Classification table. Requests shall be submitted to the Administrator in writing, and shall include the overall master plan, location of proposed changes, detailed listing of existing and proposed uses, and detailed documentation of acreage. Additional conditions may be imposed through the amendment process. (c) Modification Classification Table MINOR MODIFICATION SUBSTANTIAL MODIFICATION 20 Page 28 of 136

29 General Use Any change in a condition specifically required by the City Council. Any other modifications that affect the area depicted on the development concept plan or the perimeter of the proposed site. A change from one permitted use to another permitted use A change from multifamily residential to singlefamily residential Building Area/Units A decrease in total residential units or nonresidential floor area A request for a Conditional Use A change from single-family residential to multifamily residential An increase in non-residential floor area of five (5) percent or more. An increase in residential units Site Characteristics Modification of the size and configuration of perimeter stormwater lakes or any internal lakes. A decrease in the amount of open space of less than five percent, provided the remaining open space is not less than that required in the district, and further provided the land was not designated as conservation or preservation land on the Master Plan. Modification to off-street parking layout, provided all other requirements of the City s Land Development Regulations. A reduction in the amount of open space, recreation areas, preservation areas or buffer areas of more than five (5) percent, or any change in the location of open space or recreational uses within the minimum perimeter buffer of the planned development. Any change made to the boundaries of open space, recreation or preservations areas previously recorded shall be considered a substantial modification. Access Modification or addition to the external access points adjacent to non-residential development or undeveloped residentially zoned property. Modification to internal roads, internal bike lanes or sidewalks, provided all other City requirements for such facilities are met. Addition or substantial relocation of an access point as shown on an approved development concept plan. Sec Reserved. 21 Page 29 of 136

30 Sec Division 4 Conditional Use Permits (CUP) Conditional use permits are uses that would not generally be appropriate to a zoning district without compliances to more stringent development standards or conditions. The list of CUP s are those listed in Chapter 28 - Table of Uses. Sec Procedure for obtaining a conditional use permit. [Formerly Sec ] In addition to the following, the CUP shall require the submittals specified in Development Review Procedures Manual. (a) The property owner or his authorized agent shall meet with the Administrator to explain his the proposal, learn the procedures, and obtain an application form. (b) The applicant shall file the completed application form together with the required exhibits with the Administrator and shall pay a the required fees filing fee as provided in Article XIV. All applications for a Conditional Use Permit must be received by the Community Development Department City by the application deadline date established in the "Application Deadline and Meeting Schedule" published by the Department and available in the Department and the City Clerk's office at the City. (c) The Administrator shall transmit the application to the Planning and Zoning Commission and shall notify all property owners within five hundred (500) feet of the outer boundaries of the property in question. Failure of an adjacent property owner to receive notice shall not invalidate the Council's final action. (d) The dates for public hearings shall be established in the "Application Deadline and Meeting Schedule" published by the Department and available in the Department and the City Clerk's office and shall have notice of such hearing published at least once in legal newspaper, not less than ten (10) days and not more than thirty (30) days prior to said hearing before the City Council as provided for in State and local regulations. (e) The Planning and Zoning Commission shall meet and determine compliance with these regulations and possible adverse effects of the proposed conditional use and determine what additional requirements may be necessary to reduce such adverse effects and recommend to the City Council one (1) of three (3) actions Approval, denial, or conditional approval. (f) The Planning Commission shall transmit its recommendation to the City Council for its official action. Sec Generally. (a) Permitted uses. In addition to the permitted uses specified in each zoning classification, there are also additional uses specified in each zoning classification which may be considered subject to the specific restrictions and conditions specified in this subdivision. These conditional uses shall be reviewed pursuant to the general standards specified in subsection (c) of this section. (a) Each Conditional Use shall be reviewed for application to the zoning district it may be applied to and the criteria and requirements contained these regulations. The City Council shall take appropriate action on the request for Conditional Use Permit after considering the recommendations by the Planning and Zoning Commission. The City Council shall review the request in accordance with the 22 Page 30 of 136

31 criteria set forth in [new citation to be added later. Currently Sec ] and these regulations. If it grants a Conditional Use Permit, the City Council may impose conditions, including time limits it considers necessary to protect the public health, safety, and welfare. [Currently Sec ] (b) Conditional use permits issued to properties which subsequently are divided into two or more lots or parcels shall be retained only on those parcels that still meet the conditions of the conditional use permit which are in effect at the time the land is subdivided. Sec Required exhibits. [Formerly Sec ] No request for a Conditional Use Permit will be accepted by the Administrator for processing until a complete application packet has been submitted by the applicant. For the purpose of this section, a complete application packet shall consist of the following required exhibitsinformation as set forth in the Development Review Procedures Manual Section 6.1. (a) A Conditional Use Permit application form, provided by the Community Development DepartmentCity, which shall include: (1) The name of the owner of the particular real property. (2) If the application is signed by a person other than the owner of the property, written consent signed and notarized by the owner shall be attached. (3) A digital and paper copy of the legal description of the real property along with a certified boundary survey. The certified perimeter boundary survey indicating the extent of the site for the proposal. (4) The current zoning of the real property. (5) The Conditional Use for which the permit is requested. (6) Operating Schedule (Hours of operation, size of operation). (b) A scaled conceptual site plan, or certified survey showing: (1) All property lines and easements. (2) The general location and size of all existing and proposed structures and parking areas. (3) All required landscaping, buffering, or screening. (4) Direction of traffic circulationgeneral location of ingress and egress to property. (c) The names and addresses of all property owners, as shown on the latest Brevard County ad valorem tax roll, located within five hundred (500) feet of the property. (d) Applications shall also include, to the extent appropriate as required by the administrator, the information contained in Sections and of the Code of Ordinances of the City of Titusville, including a binding Conceptual Site Plan. In addition to the exhibits required aboveper Sec. 4.1 of the Development Review Technical Manual, additional exhibits may be required. Other information which may be requested by the Staff, the Planning and Zoning Commission, or City Council relative to a specific conditional use permit application must be provided at least one week prior to the time of the applicable public hearing. In stating grounds in support of an application for a conditional use permit, it is necessary to show how the request fulfills both the general and specific standards for review. The applicant must show the effect 23 Page 31 of 136

32 the granting of the conditional use permit will have on adjacent and nearby properties, including as appropriate, but not limited to traffic and pedestrian flow and safety, curb-cuts, off-street loading and parking, off-street pickup of passengers, odor, glare and noise, particulates, smoke, fumes and other emissions, refuse and service areas, drainage, screening and buffering for protection of adjacent and nearby properties, and open space and economic impact on nearby properties. The applicant, at his discretion, may choose to present expert testimony where necessary to show the effect of granting the conditional use permit. Sec Design requirements. [Formerly Sec ] The granting of a Conditional Use Permit does not eliminate the need for the proposed development to meet all appropriate land development regulations prior to the approval of required development orders or business tax receipts. In addition, Council may require additional design standards based upon the proposed use and impacts on neighboring properties. No Conditional Use Permit shall be approved which fails to meet the following design requirements: (a) Screening from abutting properties shall be provided pursuant to Section (b) Signage shall be regulated by Chapter 39, Article V. (c) Off-street parking shall be provided pursuant to Chapter 39, Article III. (d) Parking area landscaping shall be pursuant to Section (e) All design requirements of the applicable zoning districts. (f) The applicable, transitional setback if any. In addition to the design standards listed in this Section, additional design standards may be required. General review criteria. [Formerly Sec ] (a) An application for a Conditional Use Permit shall be submitted to the Planning and Zoning Commission and the City Council by filing a copy of the application with the Administrator in the Community Development Department. (b) The Planning and Zoning Commission and the Council, respectively, shall review the application and determine if: (1) The conditional use is within its jurisdiction according to the listing of conditional uses [in] Chapter 59 of these regulations, or (2) The application is incomplete, or (3) If the completed application as proposed in the application, is in compliance with the requirements of these regulations. (4) If the conditional use is consistent with the Comprehensive Plan and not contrary to the public interest. Sec Review Criteria Additional requirement or conditions may be attached to granting of a conditional use permit. [Formerly Sec ] 24 Page 32 of 136

33 (a) Before any Conditional Use is granted, City Council shall apply the standards set forth herein and shall determine that satisfactory provision and arrangement of the following factors have been met by the petitioner, where applicable. The Planning and Zoning Commission shall utilize the same factors in making a recommendation to the City Council regarding the approval of the request for a Conditional Use Permit. (1) Compliance with all elements of the comprehensive plan; (2) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access [in] case of fire or catastrophe; (3) Off street parking and loading area where required with particular attention to the items in subsection (a)(2) above; (4) Refuse and service area with particular reference to subsections (a)(2) and (3) above; (52) Nuisance factors detrimental to adjacent and nearby properties and the City as a whole, including,. Nuisance factors shall include but not necessarily be limited to, traffic, lights, noise, odor, smoke, glare, electrical interference and/or mechanical vibrations; (6) Utilities with reference to location, availability and compatibility; (7) Screening and buffering with reference to type, dimensions and character; (8) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district; (93) Required yards and other open spaces; (104) General compatibility with adjacent properties and other property in the district; (115) Whether the change suggested is out of scale with the needs of the neighborhood or the City; and (126) Any special requirements set out in the schedule of district regulations for the particular use involved. (b) Without limiting the foregoing, the permit issuing body may attach to a permit a require additional conditions, including limiting the permit to a specified duration. All additional conditions or requirements authorized by this section are enforceable. (c) All additional conditions or requirements shall be entered on the permit and may include, but shall not be limited to, the following: (1) Increasing the required lot size or yard dimension. (2) Limiting the height, size or location of buildings. (3) Controlling the location and number of vehicle access points. (4) Increasing the street width. (5) Increasing the number of required off-street parking spaces. (6) Limiting the number, size, location or lighting of signs. (7) Require additional fencing, screening, landscaping or other facilities to protect adjacent or near by property. (8) Designating sites for open space. (d) All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirements of these regulations. 25 Page 33 of 136

34 (ec) A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in this section. (ad) Before any Conditional Use is granted, City Council shall apply the standards set forth herein and shall determine that satisfactory provision and arrangement of the following factors have been met by the petitioner, where applicable. The Planning and Zoning Commission shall utilize the same factors in making a recommendation to the City Council regarding the approval of the request for a Conditional Use Permit. (1) Compliance with all elements of the comprehensive plan; (2) Nuisance factors detrimental to adjacent and nearby properties and the City as a whole, including, but not limited to, traffic, lights, noise, odor, smoke, glare, electrical interference and/or mechanical vibrations; (6) General compatibility with adjacent properties and other property in the district; (2) Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and catastrophe, shall be: (1) adequate to serve the proposed use without burdening adjacent and nearby uses, and (2) built to applicable City standards, if any. Burdening adjacent and nearby uses means increasing existing traffic on the closest collector or arterial road by more than 20 percent, or ten percent if the new traffic is primarily comprised of heavy vehicles, except where the affected road is at level of service A or B. New traffic generated by the proposed use shall not cause the adopted level of service for transportation on applicable roadways, as determined by applicable county standards, to be exceeded. Where the design of a public road to be used by the proposed use is physically inadequate to handle the numbers, types or weights of vehicles expected to be generated by the proposed use without damage to the road, the conditional use permit cannot be approved without a commitment to improve the road to a standard adequate to handle the proposed traffic, or to maintain the road through a maintenance bond or other means as required by the board of county commissioners. (3). The noise, glare, odor, particulates, smoke, fumes or other emissions from the conditional use shall not substantially interfere with the use or enjoyment of the adjacent and nearby property. (4) The proposed conditional use shall not cause the adopted level of service for solid waste disposal, potable water, or wastwater to be exceeded. (5). The proposed conditional use must have existing or proposed screening or buffering, with reference to type, dimensions and character to eliminate or reduce substantial, adverse nuisance, sight, or noise impacts on adjacent and nearby properties containing less intensive uses. (6) Proposed signs and exterior lighting shall not cause unreasonable glare or hazard to, traffic safety, or interference with the use or enjoyment of adjacent and nearby properties. (7) Hours of operation of the proposed use shall be consistent with the use and enjoyment of the properties in the surrounding residential community, if any. For commercial and industrial uses adjacent to or near residential uses, the hours of operation shall not adversely affect the use and enjoyment of the residential character of the area. (9) Off-street parking and loading areas, where required, shall not be created or maintained in a manner which adversely impacts or impairs the use and enjoyment of adjacent and nearby properties. For existing structures, the applicant shall provide competent, substantial evidence to demonstrate that actual or anticipated parking shall not be greater than that which is approved as part of the site plan under applicable City standards. 26 Page 34 of 136

35 (10) Any special requirements set out in the schedule of district regulations for the particular use involved. (e) Without limiting the foregoing, Council the permit issuing body may require additional conditions, including limiting the permit to a specified duration. All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirements of these regulations. Sec Revocation of Conditional Use Permits. [Formerly Sec ] (1) 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 a. 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 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. b. 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 Council at a public hearing. (2) 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-year extension of the Conditional Use Permit if the applicant has submitted a complete application for a development order needed to undertake the use and has obtained all requisite permits from the applicable regulatory agencies. (3) 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 additional two year extension will be granted upon submittal of a written request and documentation that the required permits are valid. (4) In the event that the applicant violates any of the conditions set forth in the permit, the City Council shall have the authority to revoke the Conditional Use Permit following a public hearing. The 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 board finds the use of the conditional use permit: a. Would cause substantial and adverse impact to the general health, safety or welfare through the effect of emissions, particulates, noise, or other negative impact; b. 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; c. Would not meet the specific review standards or conditions attached by the board as part of the approval; or 27 Page 35 of 136

36 d. 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. (5) The 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 the 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. (6) Modification or revocation proceedings shall be initiated and processed in the same manner as an administrative rezoning. (3) Temporary extension of approved conditional use permits. Notwithstanding the time limitations above, those conditional use permits, whose use requires construction, that have received approval shall expire on April 8, 2010, or in accordance with Section (f)(1) above, whichever occurs last. (7) 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. Sec Reapplication. [Formerly Sec ] No person may resubmit a Conditional Use Permit request within one year after the first denial of said request by City Council, or two additional years after the second denial. A resubmittal is considered to be a request for identical zoning, CPA or conditional use, regardless of any change of conditions. Sec Reapplication. [Formerly Sec and ] No person may resubmit a Rezoning, CPA, Annexation or Conditional Use Permit request within one (1) year after the first denial of said request by City Council, or two (2) years after the second denial. A resubmittal is considered to be a request for identical zoning, CPA, Annexation or Conditional Use Permit. A submittal with a significant change in either zoning, CPA, Annexation or Conditional Use Permit will not be considered identical. Sec Reserved. 28 Page 36 of 136

37 Article III Subdivisions Division 1 Applicability Sec Intent. [Formerly Sec ] The approval of a subdivision is a legislative process involving City staff, Planning and Zoning Commission and City Council review. The intent of this Section is to ensure that adequate and necessary physical improvements of lasting quality will be installed; to provide for safe and convenient traffic circulation; to provide an efficient, adequate and economic supply of utilities and services to new land developments; to prevent seasonal flooding through provision of protective flood control and drainage facilities; to help conserve and protect physical, environmental and scenic resources; to promote the public health, safety, comfort, convenience and general welfare; and to implement the City's Comprehensive Plan. Intent [Formerly Sec ] The intent of this Section is to ensure that adequate and necessary physical improvements of lasting quality will be installed; to provide for safe and convenient traffic circulation; to provide a coordinated design pattern of streets; to provide an efficient, adequate and economic supply of utilities and services to new land developments; to minimize seasonal flooding through provision of protective flood control and drainage facilities; to help conserve and protect physical, environmental and scenic resources; to promote the public health, safety, comfort, convenience and general welfare; and to implement the City's Comprehensive Plan. [repeat of the information above] Sec Compliance with land development regulations required. [Formerly Sec. 51-1] (a) Compliance with the standard and performance requirements set forth in Chapter 35, Environmental Protection and Conservation, and Chapter XX [Current Chapter 39], Performance RequirementsDesign Standards is required of all subdivisions of land permitted in this section of these regulations. (b) The size, shape and use of all lots to be created by the subdivision process in this section shall be consistent with the zoning districts set forth, in Chapter 5928, Zoning, of these regulations. (c) If any other procedure or process as set forth in Chapter 47, of these regulations is required in order to submit a valid subdivision application, said procedure or process shall be completed and approved prior to a formal subdivision request being accepted by the Administrator. (d) This part of these regulations is intended to be consistent with Chapter 177, Part I, Florida Statutes, including the definitions contained therein, and the requirements for plat approval and recordation. (e) No lot shall be reduced in area or subdivided or no tract of land shall be subdivided or reduced in area in a manner which would result in causing any lot to have an area less than that required in the district in which it is located, or would reduce the height and yard area requirements of that zoning district in which it is located. Sec Jurisdiction. [Formerly Sec. 51-2] 29 Page 37 of 136

38 These regulations shall apply to all divisions and subdivisions of land as defined herein, within the corporate limits, as now or hereafter established, of the City of Titusville, Florida, including any extraterritorial area established by interlocal agreement or legislative act of the State of Florida. Sec Final plat required. [Formerly Sec. 51-3] (a) Small-scale plats and major subdivisions require a plat to be approved and endorsed by the Mayor of the City of Titusville, as set forth herein. (b) After final plat approval as required above, said plat shall be presented to the Clerk of the Circuit Court of Brevard County for recording within ninety (90) days of said approval with performance secured at time of recording. Six (6) copies of the recorded plat shall be returned to the City Clerk, the costs for which shall be borne by the applicant. (c) Any plat of land recorded by the Clerk of the Circuit Court of Brevard County without said approval and endorsement shall not be considered valid by the City of Titusville for the purpose of creating legally buildable lots. The transfer of, sale of, agreement to sell or negotiation to sell land by references to or exhibition of, or other use of a plat of a division or subdivision, or portion thereof, that has not been given final approval, endorsement and recordation as provided in this section shall not exempt any such lot from the provisions of this section. (d) Any division of land by metes and bounds description as the instrument of recording and/or transfer shall not exempt said lot or lots created from the requirements set forth above. (e) No building permits shall be issued by the Administrator until final plat approval, endorsement and recordation and all fees required herein have been paid. Proof of recordation shall be furnished to the Administrator prior to issuance of a building permit. Sec General requirements. [Formerly Sec. 51-4] (a) Subdivision/Division Name: The name of any subdivision or division with the City of Titusville shall be approved by the City Council during the first review of said subdivision or division, or by the Administrator in the case of administrative approval of a division of land. The name shall not duplicate nor closely approximate the name of any existing subdivisions or divisions within the City. (b) Provision for future extension of streets. In all subdivisions, except for divisions with private ways, lots and parcels shall be arranged so as to allow for the opening of streets in the future and for logical further subdivisions of land. No cul-de-sac shall be opened or modified as part of the subdivision process without permission of the City Council, however, stub outs are encouraged to be provided and may be required to meet the intent of this general requirement. Sec Application and administration. [Formerly Sec ] This section shall be applicable to all development related applications on a parcel(s) of land submitted to the City by an applicant pursuant to securing approval of a subdivision. These regulations shall apply to any subdivision development project within the corporate limits as now and hereafter established or extraterritorially, as may be established by law or interlocal agreement except those that are specifically excluded herein. 30 Page 38 of 136

39 Sec Minimum requirements/application and approval. [Formerly Sec ] The process for application and specific requirements and exhibits for a Subdivision are contained in Chapter 51, Article III of these regulations. Every subdivision of land within the City shall include the requirements contained in these regulations. Such requirements include a sketch plat as provided in Section et seq., a preliminary plat as provided in Section et seq., and a final plat as provided in Section et seq., Site Plan Approval Process as provided in Chapter 47 Article III [new citation to be added later]. The requirements contained within these sections shall constitute the minimum requirements and no omissions shall be permitted. The process for application and specific requirements and exhibits for a Subdivision are contained in Chapter 51, Article III [new citation to be added later] of these regulations. Every subdivision of land within the City shall include the requirements contained in these regulations. Such requirements include: a Pre-Application as provided in Section 47-35[new citation to be added later], sketch plat as provided in Section [new citation to be added later] et seq., a preliminary plat as provided in Section [new citation to be added later] et seq., a Site Plan as provided in Section [new citation to be added later]et seq., and a final plat as provided in Section [new citation to be added later] et seq. Site Plan Approval Process as provided in Chapter 47 Article III [new citation to be added later]. The requirements contained within these sections shall constitute the minimum requirements and no omissions of required exhibits shall be permitted without prior approval of the Administrator. Minimum requirements. [Formerly Sec ] Every Subdivision of land within the City shall include the requirements contained in this Section. Such requirements include a Pre-Application as provided in Section 47-35[new citation to be added later], a Sketch Plat as provided in Section et seq., a Preliminary Plat as provided in Section et seq., an Site Plan as provided in Section [new citation to be added later]et seq. and a Final Plat as provided in Section et seq. The requirements contained within these Sections shall constitute the minimum requirements and no omissions of required exhibits shall be permitted without prior approval of the Administrator. [Addressed above] Sec Additional requirements. [Formerly Sec ] (a) Where deemed necessary to address special conditions or circumstances, the Administrator shall have the authority to require additional exhibits for any Sketch Plat, Preliminary Plat or Final Plat. (b) Off-site improvements, as defined in Section [new citation to be added later] and set forth in the performance requirements of Chapter 35 and Chapter 39 [new citations to be added later], shall be complied with as necessary for the approval of any subdivision proposal. (c) It shall be the duty of the subdivider to consider the following before seeking subdivision approval: (1) The availability of highways, regional thoroughfares, and local thoroughfares to adequately serve the needs of the proposed development. (2) Whether the proposed area for development can be served by public utilities without excessive costs for utility extensions beyond presently developed areas. 31 Page 39 of 136

40 (3) Whether the proposed development conforms with the stormwater management plan of the City. (4) That the proposed development will be in accordance with the latest adopted Comprehensive Plan and Land Development Regulations of the City. (d) The City Council may disapprove development in unsuitable areas that are inaccessible, lack adequate paved road access, or lack nearby utilities. This shall be done in accordance with the City's land use policies. (e) Subdivision/Division Name: The name of any subdivision or division with the City of Titusville shall be approved by the City Council during the first review of said subdivision or division, or by the Administrator in the case of administrative approval of a division of land. The name shall not duplicate nor closely approximate the name of any existing subdivisions or divisions within the City. [Formerly Sec. 51-4(a) Subdivision/Division Name] (f) Provision for future extension of streets. In all subdivisions, except for divisions with private ways, lots and parcels shall be arranged so as to allow for the opening of streets in the future and for logical further subdivisions of land. No cul-de-sac shall be opened or modified as part of the subdivision process without permission of the City Council, however, stub outs are encouraged to be provided and may be required to meet the intent of this general requirement. [Formerly Sec. 51-4(b) Provision for future extension of streets] Sec Maintenance of dedicated areas until acceptance. [Formerly Sec ] All facilities and improvements within any subdivision, as well as any required off-site improvements required as part of Preliminary and/or Final Plat approval which are required to be dedicated for public use, shall be maintained by the owner of said subdivision in a clean, healthy and non-hazardous condition until such dedication and acceptance by the City has been made. Sec Unity of Title. [This definition comes from the current code. A unity of title is required in the Urban Village zoning district (Titus Landings), and is required for any passive commercial use in the Indian River City Neighborhood (IRCN), and R-2 and R-3 Multifamily zoning districts. A unity of Title prevents any subdivision of land including a lot split]. Where a unity of title is required a document recorded in the office of the Clerk of the Circuit Court of the county, stipulating that a lot, lots, or parcel of land shall be held under single ownership, shall be required and prevent further subdivision, transfer, or conveyance of land in any unit other than in its entirety. Sec Reserved. Division 2 Lot Split Sec Intent. [Formely Sec ] 32 Page 40 of 136

41 The approval of a Lot Split is intended to be an administrative process for the division, or creation of lots in any zoning district not requiring the creation of new streets or rights-of-way. The process provides for the division of a limited number of lots with minimal need for public facility improvements, and access provided by existing public streets or private ways. This section is also designed to provide for infill in areas of the City currently served by adequate public facilities and services through a streamlined approval process. It is further intended to encourage the application and review of said divisions for the standards and requirements contained within these regulations while minimizing the costs of division review and the imposition of unnecessary requirements. For purposes of this Article a Lot Split will be defined as follows: Is the simple division of a single parcel of land into two (2) parcels meeting the requirements of Section [new citation to be added later]. Sec Application. [Formerly Sec ] (a) Application for a Lot Split shall be made on forms provided by the Administrator and shall have the following exhibitsprovide the information set forth in the Development Review Procedures Manual, Section 7.1. The Administrator shall have fifteen (15) working days to review said application and either approve, approve with conditions or deny said request. The findings of the Administrator shall be forwarded to the applicant in writing and, in the case of approval with conditions, shall be agreed to by the applicant in writing within ten (10) days of the receipt of said findings. (1) One (1) copy of the application form with fees. (2) A metes and bounds description with a Sketch of Legal and boundary survey certified by a Professional Land Surveyor (PLS) registered in the State of Florida. a. The Sketch of Legal must include lot lines, dimensions and acreage for lot being created, the total tract and all lots. (3) A development sketch showing all existing utilities and the stormwater legal positive outfall location for each lot. a. The development sketch must include the following note "All future development of these lots will require the owner to meet all Land Development Regulations of the City of Titusville including, but not limited to, utilities, stormwater, landscaping and zoning." (4) Title Opinion with all encumbrances. (5) Any covenants, deed restrictions or other required documents. Sec Lot split qualifications. [Formerly Sec ] (a) To qualify for a Lot Split the following conditions must be met: (1) In all zoning districts, except as provided for below, where improvements being proposed do not exceed the following criteria: a. Water, sewer and reuse can be provided by the addition of service lateral only for each lot being proposed (no main extensions required). b. A stormwater management facility can be provided independent of any other created or existing lot. Each lot must have its own legal positive outfall. If the proposed lot split is part of a previously approved development with a stormwater management system in compliance this requirement may be waived. It is the applicant's responsibility to provide documentation validating the stormwater system rights. c. There is a reasonable buildable area that does not have any adverse impacts to wetlands, threatened/endangered species or any environmental concerns. 33 Page 41 of 136

42 d. Lots cannot be subdivided/split in such a way as to increase development density or intensity in a special flood hazard area. e. Access for each lot will be from a driveway connection only. There is no public street or private way extension(s) required. f. The proposed lot split does not require any dedication of areas to the public. (2) No property may be divided in a manner which would result in any lot having an area less than that required by the zoning district in which it is located. (3) In the OR zoning district as may be permitted by a conditional use permit as set forth in Section [new citation to be added later] of these regulations. (4) Flag lots may be approved for a single-family home in all residential zoning districts. Generally, flag lots shall be discouraged unless it can be reasonably shown that there is no other way to develop or gain access to said property for residential use. Said flag lot shall have a minimum frontage of twenty-five (25) feet on an existing dedicated public street or private way and usable access to the main body of the flag lot. In addition, the following requirements shall be applicable to flag lots created by this section: a. A flag lot shall be a single parcel, tract or plot of land of one (1) acre or larger, connected to an existing dedicated public street or a private way by a narrow stem of no less than twenty-five (25) feet in width, which shall not be used to calculate the minimum lot area. b. No more than two (2) flag lots shall be subdivided out of any parcel. c. Single access strips or double access strips shall be a minimum of two hundred eighty (280) feet apart regardless of ownership. d. The access strip for each flag lot shall intersect an existing dedicated public street or private way at no less than a sixty (60) degree angle for at least one-hundred (100) feet from the street right-of-way. e. The Administrator may approve the issuance of a building permit for a single-family dwelling on a flag lot with a minimum frontage of twenty (20) feet, upon the submission of proof by the applicant, that the deed for same was recorded on or before June 26, f. Section 39-34, entrances to streets shall apply to flag lots. Sec Approval. [Formerly Sec ] (a) Lot Split Approval. Subject to Section [new citation to be added later], the Administrator shall approve the proposed division unless the division is not a Lot Split as set forth in Section [new citation to be added later], or the application, or the proposed division, fails to comply with requirements of this section. However, for good cause shown, either the Administrator or the applicant may at any time refer the application to the subdivision approval process in Chapter 51 Article III [new citation to be added later]. (b) [Disapproval.] If the division is disapproved, the Administrator shall within ten (10) days furnish the applicant with a written statement of the reason for disapproval. Sec Reserved. 34 Page 42 of 136

43 Division 3 Small Scale Plat (Minor Division) Sec Intent. [Formerly Sec ] The approval of a Small-Scale Plat is intended to be an administrative process for the division, or creation of lots in any zoning district not requiring the creation of new streets or rights-of-way. The process provides for the division of a limited number of lots with minimal need for public facility improvements, and access provided by existing public streets or private ways. This section is also designed to provide for infill in areas of the City currently served by adequate public facilities and services through a streamlined approval process. It is further intended to encourage the application and review of said divisions for the standards and requirements contained within these regulations while minimizing the costs of division review and the imposition of unnecessary requirements. For purposes of this Article a Small-Scale Plat will be defined as follows: is defined as the division of a single parcel of land into three (3) but less than ten (10) lots meeting the requirements of Section [new citation to be added later]. Per Florida Statue Chapter 177 the division of land into three (3) or more lots requires the subdivider to follow the platting process. Sec Application. [Formerly Sec ] (a) Small-Scale Plat. Application for a Small-Scale Plat shall be made on forms provided by the Administrator and shall have the following exhibitsprovide the information set forth in the Development Review Procedures Manual, Section 8.1. The Administrator shall have fifteen (15) working days to review said application and either approve, approve with conditions or deny said request. The findings of the Administrator shall be forwarded to the applicant in writing and, in the case of approval with conditions, shall be agreed to by the applicant in writing within ten (10) days of the receipt of said findings, except that the division shall be forwarded to City Council with staff recommendation for approval, approval with conditions or denial. (1) One (1) copy of the application form with fees. (2) A Final Plat meeting the requirements of Section (a) [new citation to be added later] and Chapter 177 Florida Statutes. (3) A lot layout plan showing all existing utilities and the stormwater legal positive outfall locations for each lot. a. The lot layout plan must include the following note "All future development of these lots will require the owner to meet all Land Development Regulations of the City of Titusville including, but not limited to, the utilities, stormwater, landscaping, and zoning," (4) Title Opinion with all encumbrances. (5) Any covenants, deed restrictions or other required documents meeting the requirements of Section (d) [new citation to be added later]. (b) The subdivision of land that does not meet the qualifications outlined in Section [new citation to be added later] must follow the Subdivision Requirements in Chapter 51 Article III Subdivision Requirements. Sec Lot split and small-scale plat qualifications. [Formerly Sec ] (a) To qualify for a Lot Split or a Small-Scale Plat the following conditions must be met: (1) In all zoning districts, except as provided for below, where improvements being proposed do not exceed the following criteria: 35 Page 43 of 136

44 a. Water, sewer and reuse can be provided by the addition of service lateral only for each lot being proposed (no main extensions required). b. A stormwater management facility can be provided independent of any other created or existing lot. Each lot must have its own legal positive outfall. If the proposed lot split is part of a previously approved development with a stormwater management system in compliance this requirement may be waived. It is the applicant's responsibility to provide documentation validating the stormwater system rights. c. There is a reasonable buildable area that does not have any adverse impacts to wetlands, threatened/endangered species or any environmental concerns. d. Lots cannot be subdivided/split in such a way as to increase development density or intensity in a special flood hazard area. e. Access for each lot will be from a driveway connection only. There is no public street or private way extension(s) required. f. The proposed lot split does not require any dedication of areas to the public. (2) No property may be divided in a manner which would result in any lot having an area less than that required by the zoning district in which it is located. (3) In the OR zoning district as may be permitted by a conditional use permit as set forth in Section [new citation to be added later] of these regulations. (4) Flag lots may be approved for a single-family home in all residential zoning districts. Generally, flag lots shall be discouraged unless it can be reasonably shown that there is no other way to develop or gain access to said property for residential use. Said flag lot shall have a minimum frontage of twenty-five (25) feet on an existing dedicated public street or private way and usable access to the main body of the flag lot. In addition, the following requirements shall be applicable to flag lots created by this section: a. A flag lot shall be a single parcel, tract or plot of land of one (1) acre or larger, connected to an existing dedicated public street or a private way by a narrow stem of no less than twenty-five (25) feet in width, which shall not be used to calculate the minimum lot area. b. No more than two (2) flag lots shall be subdivided out of any parcel. c. Single access strips or double access strips shall be a minimum of two hundred eighty (280) feet apart regardless of ownership. d. The access strip for each flag lot shall intersect an existing dedicated public street or private way at no less than a sixty (60) degree angle for at least one-hundred (100) feet from the street right-of-way. e. The Administrator may approve the issuance of a building permit for a single-family dwelling on a flag lot with a minimum frontage of twenty (20) feet, upon the submission of proof by the applicant, that the deed for same was recorded on or before June 26, f. Section 39-34, entrances to streets shall apply to flag lots. Sec Approval. [Formerly Sec ] (a) Small-Scale Plat Approval. The Small-Scale Plat approval will follow the procedure outlined in Section [new citation to be added later] with exception that a Preliminary Plat is not required and there are no right-of-way dedications. (b) [Disapproval.] If the division is disapproved, the Administrator shall within ten (10) days furnish the applicant with a written statement of the reason for disapproval. Sec Recording. [Formerly Sec ] 36 Page 44 of 136

45 (a) Recording of a Small-Scale Plat. Upon approval of the Small-Scale Plat by the City Council, recordation of all approved documents shall be in accordance with Section (a) and (b) Sec Reserved. Division 4 Plat Subdivision 1 Sketch Plat (Conceptual Plan) Sec Procedure. [Formerly Sec ] The applicant is required to consult with staff prior to formal submittal of the Sketch Plat, as set forth in Section [new citation to be added later]of these regulations. A complete submittal as set forth in Section 51-92, below shall be made to the Administrator. The Administrator shall determine completeness of any Sketch Plat submittal. Once the application has been determined to be complete, the Sketch Plat will be scheduled for review in accordance with the review schedule set forth is Section [new citation to be added later]. The Administrator shall review the Sketch Plat and provide comments and recommendations for modifications to the proposed plat. The applicant shall revise the Sketch Plat as required and re-submit the amended Sketch Plat to the Administrator. Resubmittals shall address all comments as provided by the Administrator. If the applicant elects not to address all comments required by the Administrator, the applicant shall note the reasons for electing not to respond to the comment. If subsequent reviews are required by the Administrator the reviews shall follow the same time frames and procedures as the initial review. Upon completion of the review process the Administrator shall prepare a report for the Planning and Zoning Commission recommending approval of Sketch Plat, approval of the Sketch Plat with conditions, or denial of the Sketch plat. A recommendation for conditional approval shall state the conditions for approval, and a recommendation for denial of the Sketch Plat shall state the code requirements or comprehensive plan goals, objectives or policies with which the proposed Sketch Plat fails to comply. The Administrator shall then schedule the Sketch Plat for the next available Planning and Zoning Commission meeting. After consideration of the Administrator's recommendations, the Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the Sketch Plat based upon the review criteria contained in these regulations. The Planning and Zoning Commission shall forward its findings to the City Council, who upon receipt of said findings, shall either approve, approve with conditions or deny the Sketch Plat. Approval of the Sketch Plat by the City Council authorizes the applicant to proceed with the Site Plans and the Preliminary Plat. Approval of the Sketch Plat with conditions authorizes the applicant to proceed with the Site Plans and the Preliminary Plat once the Administrator certifies in writing, to the applicant, that all conditions have been met. If a Sketch Plat is denied, no similar submittal on said property shall be made for one (1) year from the date of denial. Sec Required submittals and exhibits. [Formerly Sec ] Required submittals must be complete and done to accepted professional standards of design including a reasonable scale (Maximum allowed 1"=100', north arrow, etc). An aerial photograph should be provided showing the project site and adjacent properties. Specific submittal requirements includethe application shall provide information as set forth in the Development Review Procedures Manual Section Page 45 of 136

46 (a) Application and fee. (b) Name of the proposed development, name or names of the developers, name of owner, architect, landscape architect, surveyor, engineer and/or land planner. (c) Location map, showing the relationship of the proposed subdivision to the existing and proposed streets shown on the Existing Street Classification Map, Future Traffic Circulation Map and the City's Future Land Use Map, and any other property owned by the subdivider in that vicinity. (d) Survey of the parcel showing boundaries, total acreage, parcel numbers, legal description and all encumbrances such as easements, right-of-ways, etc. (e) Site data including parcel size, current Zoning and Future Land Use classification, lands to be dedicated to public use, proposed easements, right-of-ways. (f) Existing site characteristics including general information on site conditions and characteristics including adjacent development, wooded areas, location of major trees, existing utilities, ditches, swales, wetlands and water bodies, flood zones, topography, soils types, and areas of critical concern. Note any variances or conditional use permits that have been granted for the site. (g) Proposed Sketch Plat showing streets, lots and other subdivision features such as common areas, retention areas, parks, etc. Street layouts shall indicate the type of street and proposed rights-of-way. Lot layouts shall identify the proposed number of lots and proposed lot sizes. Any required regulatory waivers or revisions shall be noted. (h) The general layout of water, sewer and storm water systems including proposed connections for water and sewer and the legal positive outfall location for the storm water management system. Summary should include estimate of water allocation permit quantities (total average daily water demand - gallons). (i) (j) Proposed phasing if any with projected build-out date. An analysis of the proposed project relative to the City's concurrency management standards. (k) Any other information the applicant or staff believes is necessary to adequately convey the proposed development concept to the Planning and Zoning Commission and City Council. Sec Reserved. Subdivision 2 Preliminary Plat (Site Plan) Sec Definition. [Formerly Sec Procedures] (a) Application and Staff Review: Following review and approval of the Sketch Plat the subdivider may prepare a Preliminary Plat, which shall be in accordance with the Sketch Plat including such changes and considerations as shall have been adopted by the City Council or approved engineering information not available at time of Sketch Plat approval. Failure to apply for Preliminary Plat approval within one year of Sketch Plat approval shall cause approval of the Sketch Plat to cease and become void. Sec Submittal Procedures. [Formerly Sec ] 38 Page 46 of 136

47 The Preliminary Plat application shall include, at a minimum the following information: (1) An application and review fee on the appropriate forms. (2) The proposed subdivision Preliminary Plat shall require the exhibits, as specified in Section and be reviewed and approved with the Site Plan approval process as specified in Chapter 47, Article III Division 2 [new citation to be added later]. (3) One (1) electronic copy of the proposed subdivision Preliminary Plat and Site Plans in a format to be specified by the City. Sec Required exhibits. [Formerly Sec ] The Preliminary Plat shall be prepared by a professional land surveyor (PLS) or engineer (PE) and shall be composed of the following required exhibits, in conformance with Chapter 21-6 of the Florida Administrative Codeprovide information as set forth in the Development Review Procedures Manual Section All plans shall be prepared to accepted design standards and signed and sealed by the appropriate design professional. (a) Cover page containing the following information: (1) Name of the proposed development (2) Name or names of the developers, owners, engineer, surveyor, planner, landscape architect or other design professional. (3) Vicinity map showing the relationship between the subdivision and its surrounding area including adjacent street and the existing street classification map. (4) Acreage in the total tract and acreage for each proposed use (public, residential, recreation, preservation, etc.). (5) Zoning of the tract. (6) Index listing all pages in the Preliminary Plat submittal. (b) Survey of the tract with the following information: (1) Boundaries of the tract shown with bearings, distances, closures and bulkhead lines, if any. (2) Existing contours based on North American datum of 1983 with a contour interval of one (1) foot and proposed finished contours. With prior approval by the City Engineer and City Surveyor, spot elevations may be used in place of one-foot contours. (3) Location of jurisdictional wetlands, wooded areas and protected trees pursuant to Sec (4) Adjoining subdivisions and parcels. (5) Legal description of the subdivision boundaries with bearings and distances and with a reference to a subdivision corner tie. (c) Preliminary Plat, prepared at a scale no smaller than one hundred feet (100') to one inch showing graphically or by notes: (1) Title, date, name and vicinity map showing the location of the subdivision and graphic scale. (2) Proposed rights-of-way and names of all streets and roads (including 911 approval). 39 Page 47 of 136

48 (3) Proposed lot lines and lot and block numbers. (4) Location and width of canals and waterways. (5) Proposed parks, school sites, or other public or private open spaces. (6) Proposed reservations, easements, alleys and any areas to be dedicated to public uses or sites for other than residential use with notes stating their purpose and any limitations (storm drainage, retention, detention, utility, conservation, etc). (7) Sufficient data to determine readily and reproduce on the ground, the location, bearing and length of every street line, lot line, boundary line and block line, whether curved or straight. (8) The radius, central angle, point of tangent, tangent distance, and arcs and chords of all curved streets and curved property lines. (9) An accurate legal description of the subdivision boundaries with bearings, distances, and tie point. (10) Accurate location and descriptions of all monumentation and markers. (11) The names and locations of adjoining parcels, subdivisions and streets. Sec Review Procedures. [Formerly Sec ] The Administrator shall have three (3) days to determine that the application is complete or notify the applicant in writing of any deficiencies in the application. Once the Administrator has determined Upon determination by the Administrator that the application is complete, the Administrator shall review the application in accordance with the schedule in Section [new citation to be added later]. (a) Resubmittal and Review of the Preliminary Plat: If there are any comments requiring modification to the Preliminary Plat during the Site Plan review, the applicant shall proceed to make any required revisions to the Preliminary Plat then resubmit the Preliminary Plat with the Site Plans in accordance with the procedures outlined in Chapter 47 Article III Division 2[new citation to be added later]. (b) Approval of the Preliminary Plat: Approval shall not be construed as authority for filing of the plat with the Clerk of the Circuit Court of Brevard County, nor as authority for the sale of lots in reference thereto. Approval of the Preliminary Plat shall, however, authorize the subdivider to exercise either of the following options prior to submitting the Final Plat: Option No. 1. Prepare detailed cost breakdowns, and specifications for all required site improvements which meet the approval of the City, and install all required site improvements in accordance with the approved plans and specifications. All work shall be inspected and subject to the approval of the City. A fee equivalent to two and one/half percent (2.5%) of the site construction costs shall be paid to the City (at this time) to defray costs of such inspections. Option No. 2. Prepare detailed cost breakdowns and specifications for all required site improvements which meet the approval of the City, and provide a performance and material and labor payment bond or escrow agreement acceptable to the City, in the amount of one hundred and twenty percent (120%) of the site construction costs, to guarantee the installation of the required improvements. Any performance and payment bond shall be from a company licensed as a surety in the State of Florida, listed by the U.S. Treasury Department and A:AAAA in Best's Insurance Guide. All work shall be inspected and approved by the City. A fee equivalent to two and one/half percent (2.5%) of the estimated site construction costs shall be paid to the City (at this time) by the applicant or if necessary from the performance bond to defray costs of such inspection. 40 Page 48 of 136

49 No work shall be commenced in the subdivision until such time as the final Site plans and specifications have been presented to and stamped approved by the Administrator, and the fee required above has been paid. Sec Reserved. Sec Definition. Subdivision 3 Final Plat A final plat legally establishes the division of property into separate parcels or tracts. The final plat shows lot boundaries, street dedications, easements, and any other divisions of land and shall be prepared by a professional land surveyor (PLS) or engineer (PE). The Final Plat shall conform to the approved Preliminary Plat, and may constitute only that portion of the approved Preliminary Plat which the developer proposes to record and develop at the time; provided however, that such portion conforms to all requirements of this Chapter and Chapter 177 of the Florida Statutes. Sec Procedure. [Formerly Sec ] (a) To obtain Final Plat approval, the subdivider shall within one (1) year, unless otherwise extended, of the date of Preliminary Plat approval and at least thirty (30) calendar days prior to a regularly scheduled meeting of the Council, submit to the Administrator along with a filing fee as set forth in Chapter 47, Article XIV, the following.adopted by Council and other information as set forth in Section (1) A letter requesting City Council review and approval of the Final Plat. The Final Plat shall conform with the approved Preliminary Plat, and may constitute only that portion of the approved Preliminary Plat which the developer proposes to record and develop at the time; provided however, that such portion conforms to all requirements of this Chapter and Chapter 177 of the Florida Statutes. If phased, a Phasing Plan showing the sequence and timing of subdivision phases shall be provided. (2) An original mylar print and five (5) black or blueline prints of the Final Plat, or portion thereof, showing data specified in this Section. (3) One (1) electronic copy of the proposed subdivision plat in a format to be specified by the City. (4) A title opinion with all encumbrances, from an attorney showing the status of title to the land encompassed by the Plat and all liens, encumbrances and title defects, if any. (5) Paid receipts from the City and County indicating taxes have been paid in full. (6) Dedication of all rights-of-way, easements and other public lands shown on the Final Plat, by all persons having any interest in the lands, either by indication on the Plat or by separate joinder to be filed along with said Plat. (7) The Final Plat shall be properly signed and executed by the subdivider and his agents as required for recording. (b) Approval by the Council shall be based upon a report from the Administrator stating that all requirements of the Preliminary Plat and these regulations have been completed with the City Attorney indicating that all legal requirements for Final Plat approval have been met. 41 Page 49 of 136

50 (c) Failure to apply for Final Plat approval within one (1) year of the date of Preliminary Plat approval shall cause approval of the Preliminary Plat to cease and become void unless otherwise extended as hereinafter provided. The subdivider may, prior to expiration of the Preliminary Plat, make application for an extension of time to file for Final Plat approval. The Administrator may grant an extension of time up to two (2) years provided the Administrator has been shown good cause for the extension. If the subdivider has not obtained Final Plat approval prior to the expiration of the two-year extension, the subdivider may apply to the City Council for an additional extension up to two (2) years. The subdivider shall show good cause why the time for filing the Final Plat should be extended and if a performance bond was submitted, an extension on said bond shall be documented. No extensions (from the Administrator and City Council) will be granted beyond a total of four (4) years). Approval of this final two-year extension by City Council is in no way guaranteed. The City Council has the option to re-evaluate the development and place additional conditions/restrictions on the developer, including but not limited to, requiring the developer to comply with any development regulations enacted subsequent to the approval to the Preliminary Plat and to ensure to that public health and safety is assured. Sec Required exhibits. [Formerly Sec ] (a) Final plat. The Final Plat shall conform to the approved Preliminary Plat and shall meet the platting requirements of Florida Statutes Chapter 177 and the requirements of this Section. In case of a large plat which may require two or more sheets, the sheets are to be numbered and the number of the sheets are to be indicated on the first sheet below the title. The Final Plat shall be prepared by a registered land surveyor and shall show the following informationprovide information as set forth in the Development Review Procedures Manual Section 11.2: (1) Title, date, name and vicinity map showing the location of the subdivision and graphic scale. (2) Dedication by owner and completion of certificate of surveyor. (3) The rights-of-way and names of all streets and roads. (4) Lot lines and lot and block numbers. (5) Location and width of canals and waterways. (6) Reservations, easements, alleys and any areas to be dedicated to public uses or sites for other than residential use with notes stating their purpose and any limitations. (7) Sufficient data to determine readily and reproduce on the ground, the location, bearing and length of every street line, lot line, boundary line and block line, whether curved or straight. (8) The radius, central angle, point of tangent, tangent distance, and arcs and chords of all curved streets and curved property lines. (9) An accurate legal description of the subdivision boundaries with bearings, distances, and tie point. (10) Accurate location and descriptions of all monumentation and markers. (11) The names and locations of adjoining parcels, subdivisions and streets. All dimensions shall be to the nearest one hundredth (1 / 100) of a foot and angles to the nearest second. (b) Final plat will require meeting the requirements of Sec [new citation to be added later]: "Site Plan Final Acceptance", prior to being scheduled for City Council review and approval. 42 Page 50 of 136

51 (c) Where the required improvements have not been completed prior to the submission of the Final Plat, the approval of said Plat shall be subject to the subdivider guaranteeing the installation of said improvements through one of the following methods: (1) Filing a performance, and labor and material payment bond by the developer or jointly by the developer and builder, in the amount of one hundred twenty percent (120%) of the estimated construction cost, or other acceptable forms of security, as determined by the Administrator for any unconstructed portions. (2) Depositing or placing in escrow a certified check, cash, or acceptable pledge, in the amount of one hundred twenty percent (120%) of the construction cost as approved by the City. Any performance bond shall be made from a company licensed as a surety in the State of Florida, listed by the U.S. Treasury Department and rated; AAAA in Best's Insurance Guide. Upon acceptance of all improvements by the City, the performance and payment bonds shall be released, and the subdivider shall furnish the city with a maintenance warranty bond as set forth in Sec : "Site Plan Final Acceptance". (d) Deed restrictions. A full and complete copy of the deed restrictions shall be a required exhibit to the Final Plat. Such restrictions must be approved by City Council prior to recording of the plat. Said deed restrictions shall include a provision requiring the owners of property in the subdivision to notify and obtain the City Council's approval of any and all changes, amendments or alterations to the deed restrictions. Said deed restrictions shall provide an indexed mechanism to assess and/or fund any needed repairs or replacements of commonly held improvements. Sec Reserved. Division 5 Improvements Required (Agreements) Sec Required improvements. [Formerly Sec ] Approval of the final plat shall be subject to the subdivider having installed the improvements per the approved Site Plans, or having guaranteed, with a surety bond, or satisfactory escrow agreement, the installation of said improvements. The City shall be responsible for approving all plans and specifications for the required improvements, assuring adequate inspection of construction for compliance with the approved plans and specifications and for issuing a certificate of completion upon the acceptable completion of the work. Sec Improvements required to be installed. [Formerly Sec ] (a) Any subdivider electing to delay installation of the required improvements until after the plat is approved by the City Council as authorized by subsections (c) and (c) shall be required to install all of the required improvements within one (1) year from the date the Final Plat is approved. The Administrator, for good cause shown by the subdivider, may extend the time for installation of the public improvements for a period not to exceed six (6) months. When any subdivider requests an extension of time for installing the public improvements, the Administrator shall review the amount on deposit or the method of guaranteeing to determine whether the initial estimate and deposit is then sufficient to install the required improvements, and as a condition of any approval for extension of time, the Administrator may require an additional amount guaranteeing the 43 Page 51 of 136

52 installation of the improvements. A subdivider may delay installing sidewalks throughout the subdivision, except on lots obtaining a building permit, until two (2) years after final plat approval. A subdivider delaying installation of sidewalks shall post the necessary guarantee. At the end of the two-year period, all sidewalks not installed shall be installed by the subdivider. Sec Extension [Formerly Sec ] At the conclusion of the initial two-year period the Administrator, for good cause shown by the subdivider, may extend the time for installation of the sidewalk improvements for a period of one year. When any subdivider requests a one-year extension or renewal of a one-year extension of time for installation of sidewalk improvements, the Administrator shall review the amount on deposit or the method of guarantee to determine whether the initial estimate and deposit is then sufficient to install the sidewalk improvements, and as a condition of any approval for extension of time, the Administrator may require an additional amount to guarantee the installation of the sidewalk improvements. At no point will a sidewalk installation extension period exceed a total of five (5) years from the date the Final Plat is approved. Sec Enforcement [Formerly Sec ] (a) In the event the subdivider fails to install the improvements within the above time periods, the City is authorized to take such action to require the improvements, as is necessary, to be installed by the subdivider. Said action may include the forfeiture of the bond, escrow funds, any other pledge held by the City or court action to compel installation of the improvements. In the event the amount of the guarantee is not sufficient to pay the entire cost of installing the required improvements, the subdivider shall be liable to the City for the balance of the cost necessary to install said improvements. In the event the City is required to initiate court action to enforce this provision, and the City is successful, the City shall be entitled to reimbursement for its attorneys' fees and costs incurred in prosecuting that action. (b) A document from a registered engineer with his seal affixed certifying that the improvements have been constructed in accordance with the approved plans and specifications shall be required. Sec Reserved. Division 6 Subdivision waivers Sec Waivers to Subdivision Regulations. The City of Titusville hereby finds and determines that some standards of the Land Development Code may be impracticable in some situations due to exceptional circumstances, such as difficult terrain and unique topographical conditions. The City of Titusville finds and determines that the granting of such exceptions is in the public interest, but that administrative review is needed in order to ensure that the spirit and intent of the Land Development Code is preserved. Accordingly, these procedures permit administrative exceptions to be granted as part of the subdivision plat approval process without the need for a variance. Applicants who are denied an administrate exception may then seek a variance in accordance with Article V, Variances and Appeals of this chapter. Sec Reserved. 44 Page 52 of 136

53 Division 7 Plat Endorsement, Recording Sec Recording of Final Plat required. [Formerly Sec ] (a) The final plat shall be recorded by the Brevard County Clerk of Circuit Court. After final plat approval by the City Council, the Administrator shall see that all requirements of Chapter 177 of the Florida Statutes have been complied with, before the plat is presented to the Clerk of the Circuit Court of Brevard County for recording. No plat of land within the corporate limits of the City shall be recorded by the Clerk of the Circuit Court unless it shall have the approval of the Council inscribed thereon or endorsed in conformity with Article III of these regulations. Two (2) copies of the recorded plat shall be returned to the City Clerk, the cost of which shall be borne by the subdivider. (b) Use of plat. The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use of a plat of a subdivision, or portion thereof, that has not been given final approval by the City Council or the Administrator as provided in Article II of these regulations and recorded in the official records of Brevard County, Florida is prohibited. The description by metes and bounds in the instrument of transfer or other document shall not exempt the transaction from such prohibition. (c) The Administrator shall not issue a Certificate of Occupancy until all drainage, street and utility improvements have been installed and accepted by the City. Sec Reserved. 45 Page 53 of 136

54 Article IV Site Plans Sec Application and administration. [Formerly Sec ] This section shall be applicable to all development related applications on any parcel(s) of land or building site submitted to the City by an applicant pursuant to securing approval of a development order. These regulations shall apply to any development project within the corporate limits as now and hereafter established or extraterritorially, as may be established by law or interlocal agreement except those that are specifically excluded herein. Sec Intent. [Formerly Sec ] The intent of this section is to establish procedures and standards for the development of land in an effort to: (a) Provide for the harmonious development of the City and consistency with the Comprehensive Plan and Future Land Use Map. (b) Realize a coordinated design pattern of streets and implementation of the Future Traffic Circulation Map. (c) Maintain the adopted Levels-of-Service for public facilities and service concurrent with the impact of development. (d) Encourage sufficient recreational facilities. (e) Protect and enhance water resources. (f) Provide for flood prevention, proper storm drainage, and appropriate utility systems. (g) Conserve valuable and scenic natural features, with provision for adequate open space. (h) Promote the public health, safety and general welfare. (i) Encourage a high degree of quality and aesthetics in developments. Sec Administrative duties. [Formerly Sec ] The Administrator shall be responsible for the duties established in Sec of the Development Review Procedure Manual. The Administrator shall be responsible for the overall coordination of the site plan approval process including, but not limited to, the following: (a) Handling correspondence between various City departments involved in the review process and the applicants. This shall provide the City with a review-permit process which is cohesive and coordinative. It shall also be responsive to the needs and convenience of the applicant by providing the applicant with a "one person contact" who will be responsible for the processing administration and coordination of City reviews and permits. (b) Receiving development applications. (c) Processing work orders and permits. (d) Coordination of the distribution of applications to the appropriate City review entities. (e) Transmittal of all correspondence to applicants, including acknowledgment of the receipt of applications and the status of applications when under review by any of the various City departments, commissions, or City Council. 46 Page 54 of 136

55 (f) Notification to the City Clerk's office, or other applicable departments, when an applicant needs to be scheduled for meetings with public boards, commissions, or the City Council. (g) Notification to the City Clerk's office for recordation purposes. Sec Exceptions/exemptions. [Formerly Sec ] (a) All single-family and duplex (single lot) building permits in a recorded Plat shall be exempted from this process. Sec Development applications. [Formerly Sec ] (a) Pre-application. (1) In all circumstances, prior to submittal of an application for development to the City, the applicant is required, for a Class II development, to arrange for a preliminary Staff consultation prior to actual submittal. The requirements of Section will apply. This action is intended to minimize development planning costs, avoid misunderstandings or misinterpretations and promote compliance with requirements of these regulations. (2) Recognizing that the pre-application process is conceptual in nature the pre-application review comments/suggestions/recommendations are not considered a thorough analysis of the plan, acceptance and/or final approval. (b) Site plan application. In all circumstances where an application for development is submitted to the City for a Class II development, the requirements of Chapter 47, Article III, Division 2, Site Plan Process will apply. (c) Site plan application for subdivisions. In all circumstances where an application for development is submitted to the City for a Class II subdivision, the requirements of Chapter 47, Article III, Division 2, Site Plan Process and Chapter 51, Article III, Subdivision Requirements will apply. Sec Pre-application conference/concept plan. [Formerly Sec ] (a) In all circumstances, prior to submittal of an application for development to the City, the applicant is required, for a Class II development, to arrange for a preliminary Staff consultation prior to actual submittal. This action is intended to minimize development planning costs, avoid misunderstandings or misinterpretations and promote compliance with requirements of these regulations. (b) The applicant shall submit to the Administrator a pre-application request in a format prescribed by the Community Development Department and an application fee as set forth in Article XIVin the adopted fee schedule. Said fee shall be a one-time pre-application review fee. The applicant shall submit plans in an electronic format specified by the Department. If the applicant desires to submit paper plans, one (1) paper copy shall be submitted. All submittals shall be eight (8) of any concept plan, at a scale sufficient to illustrate all data, required herein containing the following informationand as set forth in the Development Review Procedures Manual Section (1) Legal description of the property including total area contained within the parcel (sites under one (1) acre shall state total area in square feet); (2) Future Land Use and current Zoning designations of the subject parcel and surrounding adjacent properties; 47 Page 55 of 136

56 (3) General information regarding the existing site conditions relative to vegetation, natural topography, soils conditions, adjacent public facilities (i.e. roads, sewer, water, reuse), rights-ofways, easements and the intended legal positive drainage outfall; (4) Location of environmentally sensitive areas, including area of critical concern, watercourses, floodplains, floodways, wetlands, natural habitat of threatened or endangered species, and major trees or major groups of trees; (5) The owner(s) name(s), developer name(s), and the names, addresses and telephone numbers of the engineer, architect, landscape architect, planner or surveyor as appropriate to the project; (6) A tentative street and lot arrangement if applicable; (7) General description of the proposed development, general site data in sufficient detail to determine project suitability and impacts, proposed name, proposed principal and accessory uses, proposed density, parcels, open space, general building location(s), lot coverage, building(s) footprint square footage, building height and parking requirements; (8) Identification of any significant departure from normal demand on available levels of service for public facilities and services as set forth in Chapter 39, Article VI Concurrency Management System [new citation to be added later].; and (9) Any off-site improvements required for project feasibility and the provision of necessary public facilities and services. Sec Concept plan approval process. [Formerly Sec ] (a) The applicant shall submit to the Administrator a concept plan application in a format prescribed by the Community Development Department and an application fee as set forth in Article XIVadopted fee schedule. Said fee shall be a one-time site plan review fee. All applications shall be at a scale sufficient to illustrate the following datasubmittal requirements established in Section 12.3 of the Development Review Procedures Manual. (1) Location, land use designation, zoning district, project name, owner(s) name(s), developer name(s), and the names, addresses and telephone numbers of the engineer, architect, landscape architect, planner or surveyor as appropriate to the project. (2) Location of environmentally sensitive areas, including watercourses, floodplains, wetlands, natural habitat of threatened or endangered species, and major trees or major groups of trees. (3) General site data in sufficient detail to determine project suitability and impacts, including area of site, topography, proposed density, open space, general building location(s), lot coverage, building(s) footprint square footage and purpose. (4) Identification of any significant departure from normal demand on available levels of service for public facilities and services as set forth in Chapter 39, Article VI [new citation to be added later]. (5) Any off-site improvements required for project feasibility and the provision of necessary public facilities and services. (b) If the application is determined to be incomplete, all documents and the application fee shall be returned to the applicant with a notice of which requirements are missing. The determination shall be made within three (3) working days. (c) Upon receipt of a complete concept plan application, as determined by the Administrator and eight (8) copies of the concept plan, said plan shall be transmitted to the various development related departments for their review and comment. 48 Page 56 of 136

57 Sec Application procedures. [Formerly Sec ] Procedures for the submittal and review of applications for site plans are established in Sec of the Development Review Procedures Manual. (a) The applicant shall submit to the Administrator an application for formal site plan approval in a format prescribed by the Community Development Department. All applications must be accompanied with eight (8) copies of the proposed development plan at a scale of no greater than 1/60, (one (1) inch to sixty (60) feet) on blue or black line print, on a standard size paper folded to an 9 12 size and be submitted through the City s online portal. (b) The Administrator shall determine whether the application meets the minimum requirements identified within this section within three (3) working days of date of application. If the Administrator determines that the application meets the minimum requirements under this section it shall be submitted to the various development-related departments for their review and comment. Should the Administrator determine that the application does not meet the minimum requirements as set forth in this section, they shall transmit a notice of rejection identifying those elements not addressing the minimum requirements and return the application with said supporting documentation. (c) The various departments responsible for reviewing a site plan application shall submit all review comments to the Administrator three (3) days prior to the established deadlines as outlined in Section [new citation to be added later]. The Administrator shall also be responsible for coordinating review with City legal counsel in addition to the various development review-related City departments. (dc) Upon receipt of the project review comments the Administrator shall take one of the following actions: (1) If the application addresses all City regulations and requirements, the Administrator shall notify the applicant of final site plan approval as per the established deadlines as outlined in Section (2) In the event that comments are generated, the Administrator shall notify the applicant and identify the deficiencies as per the established deadlines as outlined in Section The applicant shall have a period of one hundred eighty (180) days to respond to City staff comments. (ed) If the applicant fails to respond to staff comments within this one hundred eighty (180) day period, the application shall be deemed to have been withdrawn. (e) Responses to comment may be extended by the Administrator beyond the 180 day period providing the applicant can provide justification why such extension is needed. The Administration will determine whether the request is justified and the length of time for the extension. Sec Application classifications and review schedules. [Formerly Sec ] (a) Applications for site plan and subdivision review are divided into two (2) classifications as follows. The Administrator shall make the final decision on the assignment of each application to a specific classification. (1) Class I Minor Improvement applications shall include: a. Erection of sign(s). Commercial/Industrial landscape improvement b. Erection of fences. Clearing Permit c. Construction of single-family residences on platted lots. Stormwater Drainage Improvement d. Construction of duplex residences on platted lots. Service lateral repair or upgrade 49 Page 57 of 136

58 e. Structures, ddrives and walks accessory to single-family and duplex residencesan existing structure. f. Additions to single-family and duplex residences. gf. Resurfacing of previously approved parking areas. hg. New parking lots of one thousand (1,000) square feet or less. Additions or accessory structures to nonresidential or multifamily residential structures where the addition or accessory structure is one thousand (1,000) square feet or less. i. Additions or accessory structures to nonresidential structures where the addition or accessory structure is on thousand (1,000) square feet or less. jh. Lot Splits with existing streets and utilities (potable water, sanitary sewer, stormwater management). ki. A single item improvement not included in a Class II application such as a trash enclosure, a sidewalk, a driveway connection, etc. j. A combination of three (3) or more Class I items for a single project c (2) Class II applications shall include: a. New construction, expansions or additions to existing nonresidential or multifamily development that will have one thousand (1,000) square feet or more of floor area and its required parking. b. Paving of parking lots not previously paved. c. New parking lots or additions to parking lots exceeding one thousand (1,000) square feet. d. All new multifamily developments. e. Small Scale Plat with previously permitted streets and/or utilities (potable water, sanitary sewer, stormwater management). f. All subdivisions. (b) For each class of development the review times shall be as specified on the following table. Review times noted are for each individual submittal and not the entire review period. Applications requiring resubmittal based on comments from staff will be subject to these time frames for each subsequent review. All review times are calendar days. The review times listed below are guidelines and may be adjusted by the Administrator. Action Class I Class II Pre-Application N/A 7 days Site Plan 15 days 30 days Lot Split and Small-Scale Plat 15 days 15 days Sketch Plat N/A 15 days Preliminary Plat/Site Engineering N/A 30 days Final Plat N/A 15 days 50 Page 58 of 136

59 Sec Required exhibits. [Formerly Sec ] All Site plans shall be prepared by a professional engineer (PE) and shall be composed of the following required exhibits, in conformance with Chapter 21-6 of the Florida Administrative Code. All plans shall be prepared to accepted design standards and signed and sealed by the appropriate design professional. Engineering Plans shall include, but not be limited to, the following requirements information as set forth in the Development Review Procedures Manual Section (a) Project label: The project label shall consist of: the name of the project; what type of development the project is; the name of the owner/developer, including address and contact telephone; the engineer/surveyor/architect/landscape architect/planner name, address and contact telephone. A sheet index must be provided on the cover sheet. (b) Site Data: Information to include, but not limited to; total project area or acreage, the square footage of commercial or industrial buildings, density (units/acre), and number of buildings, building coverage, number of floors with areas, type of building construction, total impervious coverage, area to remain in a native state, acreage of wetlands; acreage in 100 year flood plain, current zoning and land uses and other such information as the applicant or Administrator determines necessary to fully describe the impacts of development on the site. (c) Certification block: This area shall include an area for appropriate engineer/surveyor/architect/landscape architect seal and registration number as required; the date of the submission; indication of whether it is a revision; who drafted or designed the project; and what sheet it is. (d) Property Legal description: The property legal description from the warranty deed or title. (e) North Arrow and Scale: Included the north arrow and a scale at which the project is drawn. (f) Current Survey: Including a boundary map. Boundaries of all tracts shown with bearings, distances, closures and bulkhead lines, if any and Tax Parcel I. D. #. Adjoining subdivisions and parcels, rights-of ways, city limit lines, and easements. (g) Vicinity Map: Included within the vicinity map shall be the surrounding land use designations and zoning classifications for adjoining/adjacent properties as well as for the project itself. (h) Topographical Survey: There shall be a site specific topographical survey provided with contour intervals of at least one (1) foot in elevation, as appropriate to the site and scale of the plan. Datum must be clearly identified on plans. (i) Location of jurisdictional wetlands, wooded areas and protected trees pursuant to Sec [new citation to be added later]. (j) General soils map as provide in the Soil Survey of Brevard County, Florida as prepared by the United States Department of Agriculture Soil Conservation Service. (k) Geotechnical report, hydraulic analysis for fire flow requirements, sanitary sewer pumping station calculations and the stormwater summary sheet as provided by the City. (l) Existing utility lines, stormwater management systems and offsite contributing drainage areas. (m) Existing and proposed structures. (n) Hundred (100)-year floodplain as shown on the appropriate FEMA map panels. (o) Typical cross-sections of proposed grades, roads, driveways, parking areas, retention ponds, drainage conveyances and other applicable features. 51 Page 59 of 136

60 (p) Water, Sanitary and Reuse distribution system with plan and profiles meeting all City design requirements and specifications and showing crossings and connections to the existing utilities including any proposed off site construction. (q) Temporary construction erosion control plan meeting all National Pollutant Discharge Elimination System (NPDES) requirements. (r) Copy of all permits and reports as approved by County, Regional and State agencies including environmental reviews/reports. (s) The required improvements consist ofmust address the following areas if applicable: (1) Protection and Removal of Trees (Chapter 35, Article I) [new citation to be added later]. (2) Landscaping (Chapter 35, Article II) [new citation to be added later]. (3) Stormwater Management, Conservation and Aquifer Protection (Chapter 35, Article III) [new citation to be added later]. (4) Protection of Natural Topography (Chapter 35, Article IV) [new citation to be added later]. (5) Flood Damage Prevention (Chapter 35, Article V) [new citation to be added later]. (6) Bulkheads (Chapter 35, Article VII) [new citation to be added later]. (7) General Requirements and Minimum Standards (Chapter 39, Article I) [new citation to be added later]. (8) Streets, Sidewalks, Bicycle Facilities (Chapter 39, Article II) [new citation to be added later]. (9) Parking (Chapter 39, Article III) [new citation to be added later]. (10) Utilities (Chapter 39, Article IV) [new citation to be added later]. (11) Signage (Chapter 39, Article V) [new citation to be added later]. (12) Subdivisions (Chapter 47, Article V) [new citation to be added later]. (13) Street signs and traffic control signage or signals in compliance with the Uniform Manual on Traffic Control Devices (latest addition). (14) Permanent reference points as required by Chapter 177, Florida Statutes (2005) and as hereafter amended. (15) Florida Fire Prevention Code (most recently adopted) (16) All City Standards, Details and Specifications. (t) Any off-site improvements necessary and/or required by the review process shall be included as part of the required exhibits of the final approved site plan. (u) Proposed Development Layout: Including proposed access and parking areas, site configuration, connections to the surrounding existing streets, stub-outs to non-developed adjacent areas, retention areas, detention areas, lakes, wetlands, open areas, recreational areas, drainage and utility easements or other applicable easements, and other development related information. (v) Sewage Disposal and Water Supply Plan: Shall show the utility lines, collection and distribution system with proposed dimensions and proposed layouts. (w) Stormwater Management/Drainage Plan: This plan shall note directional flows, easements, retention areas, anticipated capacities, detention areas and anticipated capacities, compensatory storage areas and anticipated capacities, as well as legal positive outfalls for the 52 Page 60 of 136

61 project. Any mitigation of wetland area loss as required by Chapter 35, Article III [new citation to be added later] of these regulations shall also be included. (x) Landscape Plan: The plan shall be based upon a tree survey, or other such information, as required by Chapter 35, Article I [new citation to be added later] of these regulations. Groups or clusters of trees may be noted as such, provided predominant species and size is identified. Trees to be removed and trees to be retained shall both be noted on the plan. In addition, the landscape plan shall note planting areas as required by these regulations. (y) Project Phasing Plan (if applicable): If the project is to be phased, a project phasing plan must be submitted at this time. (z) Any other information required as a result of the pre-application conference or conditions of approval of the concept plan, or conditions of approval stated by City Council through the Conditional Use Permit process and/or Board of Adjustments and Appeals through the variance process. Any other documentation/submittals that may be required by City staff to clearly show the design and constructability of the proposed improvements such as traffic analysis/studies, etc. (aa) All sites that are within the area of critical concern must also provide detail cut and fill calculations supporting no net volume loss or transfer of soils from the site. Sec Site plan final acceptance. [Formerly Sec ] (a) All Site plans must receive final inspection and acceptance, or appropriate bonding, prior to certificate of occupancy or final plat. (b) Site plans must receive final inspection for compliance with the approved Site plan(s). Final inspections will include but will not be limited to water, sanitary sewer, reuse, stormwater management systems, roads, parking lots, site lighting, signage, sidewalks, landscaping, irrigation, solid waste collection facilities, preservation/conservation areas and any other site specific requirement. (c) Inspection fee. A fee equivalent to two and one/half percent (2.5%) of the site construction costs, as approved by the Administrator, of all improvements required above shall be paid to defray the cost of inspection by the City. [Incorporated into fee resolution] (d) Required Closeout Document Submittals as set forth in the Development Review Procedures Manual Section (1) As-built drawings meeting City standards for utilities and stormwater management systems. (2) As-built drawings meeting City standards for any improvements in public right-of-ways or easements (roads, sidewalks, signage, striping, etc.). (3) A letter from the Engineer of Record indicating that all improvements have been substantially constructed in accordance with the approved Site plans. Any deviation from the approved Site plans must be noted and certified by the Engineer of Record that the deviation meets the intent of the design. (4) A maintenance warranty bond in the amount of ten percent (10%) of the estimated site construction cost, as approved by the Administrator, for all improvements that have been installed by the developer that will be owned and maintained by the City. Such bond shall be for a period of two (2) years. 53 Page 61 of 136

62 (5) Any maintenance warranty bond, shall be made from a company licensed as a surety in the State of Florida, listed by the U.S. Treasury Department and rated; AAAA in Best's Insurance Guide. (6) A bill of sale, conveying to the City, water and sewer utility lines, mains, lift stations, streets, sidewalks, storm water management facilities and other improvements required to be installed by these regulations and useful to the city. (7) Instruments indicating that all necessary on site or off-site easements or dedications have been acquired. In lieu of originals, "certified true copies" will be accepted if the recording information from the public records of Brevard County, Florida is included thereon. Sec Reserved. Article V Variances & Appeals Division 1 Variances Sec Criteria for granting variances. [Formerly Sec ] The Board shall grant a variance request when in the opinion of the Board of Adjustments and Appeals, owing to special conditions, the literal enforcement of such ordinance or regulations would do manifest injustice to, or impose an unnecessary hardship upon, the applicant. In order to authorize any variance to the provisions of such ordinance, the Board must consider: (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or building in the same zoning. (b) Special conditions and circumstances do not result from the actions of the applicant. (c) Granting the variance requested will not confer upon the applicant any special privilege that is denied by the ordinance to other lands, buildings or structures in the same zoning district. (d) The literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance. (e) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. (f) The granting of the variance will preserve the spirit of the ordinance and remain in harmony with its general purpose and intent. (g) In granting the variance, the public safety and welfare must be assured. (h) In no case shall the granting of a variance result in a change of use which would not be permitted in that zone. Sec Required exhibits. No request for a Variance will be accepted by the Administrator for processing until a complete application packet has been submitted by the applicant. For the purpose of this section, a complete 54 Page 62 of 136

63 application packet shall consist of the information as set forth in the Development Review Procedures Manual Section (a) Completed application. (b) A digital and paper copy of plot or site plan, drawn to scale, showing the variance requested. (c) One survey of the property. Sec Notice requirements. [Formerly Sec ] All notice requirements provided by this Section shall be satisfied if the agenda of the public hearing is published in a local newspaper of general circulation at least ten (10) days prior to the public hearing. The agenda shall specifically describe the property involved in each request as well as the relief sought. A sign at least ten (10) inches wide by thirteen (13) inches long shall be posted on any affected property at least ten (10) days prior to the hearing and designate the nature of the variance sought and the date of the public hearing before the Board of Adjustments and Appeals. Sec Hearing and decision. [Formerly Sec ] The Board of Adjustments and Appeals, after due notice thereof has been given, shall hold a public hearing on the application for a variance. Within three (3) weeks after the public hearing, The Board shall enter a written decision which shall become a public record. [The board makes a decision at the meeting. No need for the three weeks because a decision is effective immediately.] A copy of the Board's decision shall be mailed within five (5) calendar days to the applicant by the Recording Secretary. An application for a variance shall be submitted and hearing dates established in accordance with the "Application Deadline and Meeting Schedule" published by the Department and available in the Department and the City Clerk's office. Sec Index of decisions. [Formerly Sec ] The Recording Secretary shall index all decisions by the Board by the case number and include the name of the applicant and the ordinance and section involved in the variance. Sec Filing fee. [Formerly Sec ] See Article XIV. Sec Reserved. Division 2 Appeals ofto the Board of Adjustment (Appeal of Administrator) Sec Basis of decisions. [Formerly Sec ] The Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of any city ordinance to any particular case when in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of said 55 Page 63 of 136

64 ordinance or the public interest, or may modify or reverse the interpretationwhen, in its opinion the interpretation of the responsible city official should be modified or reversed. Sec Contents. [Formerly Sec ] A decision of the Board of Adjustments and Appeals to vary the application of any city ordinance or to modify an order of the responsible city official shall specify in what manner such variation and modification is made, the conditions upon which it is made and the reason therefor. Sec Effect; vote; filing. [Formerly Sec ] Every decision of the Board of Adjustments and Appeals shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity. It shall be in writing, and shall indicate the vote upon the decision. Every decision shall be maintained by the recording secretary and shall be open to public inspection; and a certified copy shall be sent by mail or otherwise to the appellant. Sec Delay. [Formerly Sec ] The Board of Adjustments and Appeals shall in every case reach a decision without unreasonable or unnecessary delay. Sec Appropriate action by city official. [Formerly Sec ] If a decision of the Board of Adjustments and Appeals reverses or modifies a refusal, order or disallowance of the responsible city official, or varies the application of any provision of any ordinance, the responsible city official shall immediately take appropriate action in accordance with such decision. Sec Requests to be heard expeditiously. [Formerly Sec ] The Board of Adjustments and Appeals shall hear and decide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Section and obtain the necessary information to make sound decisions. Sec Burden of proof in appeals and variances. [Formerly Sec ] When an appeal is taken to the Board of Adjustment and Appeals in accordance with this Section, the administrator shall have the initial burden of presenting to the Board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion. Sec Appeals of Site Plan. [Formerly Sec ] (a) Procedural Appeals: Any applicant that is aggrieved by a procedural decision by the Administrator may file a written appeal within thirty (30) days after the decision in dispute accompanied by the appropriate fee. Appeals shall be filed with the City Manager and shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The City Manager shall schedule the appeal for the consideration of the Board of Adjustment and Appeals (BAA) within sixty (60) days of receipt of the appeal. (b) Technical Appeals: Any applicant that is aggrieved by a technical decision of the Administrator or any other staff member empowered by the code may file a written appeal within thirty (30) days after the decision in dispute, accompanied by the appropriate fee. Appeals shall be filed with the 56 Page 64 of 136

65 Administrator and shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The Administrator shall schedule the appeal for consideration by the Board of Adjustment and Appeals (BAA) within sixty (60) days of receipt of the appeal. Sec Forms. [Formerly Sec ] Appeals from a decision of an administrative official shall be filed on forms provided by the secretary of the Board of Adjustments and Appeals unless otherwise provided for herein. Any affected property owner or his agent may file an appeal. Sec Notice of appeal. [Formerly Sec ] The notice of appeal shall be filed within thirty (30) days after the decision complained of has been rendered. This requirement is jurisdictional and the appeal period shall not be enlarged. In case an emergency condition exists, which in the opinion of the responsible City official, might be unsafe or endanger the health, safety or welfare of the public, said official may limit the time for such appeal to a shorter period than thirty (30) days. Sec Filing fee. [Formerly Sec ] See Article XIV. Sec Hearing and decision. [Formerly Sec ] The Board of Adjustments and Appeals, after due notice has been given, shall hold a public hearing on said appeal. A copy of the Board's decision shall be mailed within five (5) calendar days to the appellant by the recording secretary of the Board. Sec Index of decisions. [Formerly Sec ] The recording secretary shall index all decisions by the Board by the case number and include the name of the appellant and the Ordinance and Section involved in the appeal. Secs Reserved. [Formerly Sec ] Division 3 Rehearings of the Board of Adjustment Sec Board of Adjustments and Appeals. [Formerly Sec ] Any applicant whose request to the Board of Adjustments and Appeals for a variance or appeal has been denied, may apply to the Board of Adjustments and Appeals for a rehearing of the request in accordance with the provisions of this section. (a) Time: A request for rehearing must be made to the Administrator in writing before the close of business of the fifteenth day following the public hearing at which such request was denied. This requirement is jurisdictional and the time for filing may not be enlarged. (b) Form: This request must be in writing, state with particularity the grounds upon which the request is based, identify the case by its case number, and be signed by the original applicant. 57 Page 65 of 136

66 (c) Hearing: A timely filed request for rehearing will be heard by the Board of Adjustments and Appeals at its next regularly scheduled meeting after receipt of the request. The rehearing will be for the sole purpose of deciding whether or not the previously denied special exception, variance or appeal should be reheard. If the request for rehearing is denied, the previous decision of the Board shall be final. If the request for rehearing is granted, the original application for special exception, variance or appeal shall be rescheduled for public hearing at the next regularly scheduled meeting of the Board of Adjustments and Appeals. The affirmative vote of four (4) members of the Board shall be necessary to grant or approve a rehearing. (d) Grounds: A request for rehearing cannot be granted unless one or more of the following grounds are shown to exist: (1) There is newly discovered significant evidence which by due diligence could not have been discovered at the time of the original decision. (2) The original decision was based on an erroneous interpretation or conclusion of law. (3) The original decision was based upon fraud, misrepresentation or other misconduct of a person other than the applicant. (e) Reserved. (fe) Effect of Rehearing: A decision by the Board to rehear an application is in no way a decision on the merits of the matter. An application which is to be reheard shall for all purposes be treated as a new application. All advertising and notice requirements for an original application shall be met prior to the rehearing. It is the responsibility of the applicant to ensure that all such requirements have been met in a timely fashion. [Staff ensures the advertising requirements are met.] Failure of the applicant to meet such requirements shall result in the denial of the application, which denial shall be final. [If an error occurs on behalf of staff, the case should not automatically be denied.] (gf) Rehearing Fee: If the Board decides to rehear an application, the applicant shall be required to pay a rehearing fee as per Article XIVestablished by the adopted fee schedule within five (5) days of the decision to rehear. Failure to pay the rehearing fee shall result in the denial of the application, which denial shall be final. Sec Notice requirements. [Formerly Sec ] (a) All notice requirements provided by this Article shall be satisfied if the agenda of the public hearing is published in a local newspaper of general circulation at least fifteen (15) days prior to the public hearing. The agenda shall specifically describe the property involved in each request as well as the relief sought. (b) A sign at least ten (10) inches wide by thirteen (13) inches long shall be posted on any affected property at least ten (10) days prior to hearing, giving public notice of the public hearing to be held before the Board of Adjustments and Appeals, said sign to designate the nature of the variance request and the date of the public hearing before the Board of Adjustments and Appeals. Sec Evidence. [Formerly Sec ] (a) All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. 58 Page 66 of 136

67 Sec Modification of application at hearing. [Formerly Sec ] (a) In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by staff or Board of Adjustments and Appeals, the applicant may agree to modify his application including the plans and specifications submitted. (b) Unless such modifications are so substantial or extensive that the Board cannot be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the City Staff. Sec Record. [Formerly Sec ] (a) A tape recording shall be made of all hearings and such recordings shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. (b) Whenever practical, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the City for at least two years. Sec Written decision. [Formerly Sec ] (a) Any decision made by the Board of Adjustment regarding an appeal or variance or issuance or revocation of a conditional-use permit or special-use permit shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy with the office of the Administrator. [City Council approves/revokes Conditional Use Permits, there are no Special Use Permits] (b) In addition to a statement of the Board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board's findings and conclusions, as well as supporting reasons or facts, whenever these regulations require the same as a prerequisite to taking action. Secs Reserved. Division 4 Water Sewer Appeals Sec Notice of appeal. [Formerly Sec ] A customer dissatisfied with the decision of the City Manager under Section [Sec is the correct and correct citation. The new citation will reference a fee resolution] of these regulations may file an appeal on forms provided by the Administrator. The notice shall be filed within thirty (30) days after the decision complained of. This requirement is jurisdictional. Sec Hearing and decisions. [Formerly Sec ] No separate notice of publication shall be required for said appeal. The Board of Adjustment and Appeals shall hear the appeal and determine if the Administrator's decision should be upheld or the appeal should be granted. Within three (3) weeks after the hearing on the appeal, tthe Board shall enter a written decision which shall be filed with the recording secretary and a copy mailed to the customer. [The decision is made at the meeting. There is no need for a three week window after the meeting.] 59 Page 67 of 136

68 Secs Reserved. Division 5 Waivers to Technical Manuals Sec Applicability. The Development Review Committee (DRC) may waive certain code requirements as noted in City s technical manuals where alternative standards may promote flexibility, environmental soundness in layout and design where justified by need, hardship, physical constraint, best professional practices or to improve the overall layout and design of a development in the City. Sec Submittal requirements. (a) Waiver request application forms shall be submitted to the Community Development Department within thirty (30) days of an interpretation ruling from the Administrator. (b) A fee as established by resolution of the City Council shall accompany the application. The fee schedule is available at the Community Development Office and the City s web site. (c) The applicant shall submit the following: 1. The waiver request form including citing the section of the DMU district regulations or the City s technical manuals and stating the reason, hardship, and justification for each waiver requested. 2. A Conceptual Plan, at minimum, depicting what currently exists and what is being proposed on the property. 3. A color aerial photo with the property contemplated for development outlined. Sec Technical Manual standards waiver criteria. The DRC, in reviewing development plans, may waive certain technical manual standards herein, where a developer can demonstrate the following: (a) The alternative standards promotes flexibility and environmental soundness in layout and design; or (b) The proposed new standards are appropriate to the proposed type of development; or (c) The property exhibits physical constraints that prevent the implementation of provisions of the City s technical manuals and the waiver would allow the implementation of the code provision to the greatest extent possible; or (d) The waiver would be based on the latest best professional practices that would not be possible in implementing the code provision. Sec Review and approval procedures. The DRC shall review waiver applications with staff comments and either approve, approve with conditions, or deny the request by a majority of the attending committee members. Any appeals to a 60 Page 68 of 136

69 decision of the DRC shall be heard by the Board of Adjustment and Appeals. Said decision must be appealed within thirty (30) days after rendered. Waivers shall be listed on the cover sheet of the applicable plans with approval dates and conditions of approval, if any. Approved waivers are valid only for the application submitted, the type of development being proposed, and related applications. Sec Reserved. Division 6 Waivers to the Downtown Mixed Use Zoning District Sec Applicability. [Formerly part of Sec Currently a Waiver Sub-Committee, which is a staff level committee, reviews waivers to the land development regulations specific to the Downtown Mixed Use zoning district] The Waiver Sub-Committee Development Review Committee (DRC) shall have the authority to waive the following zoning district requirements on any project within the Redevelopment District: (a) Parking: number of parking spaces and location. (b) Stormwater management: when any requirements above the SJRWMD permitting standards or, if on-site Stormwater is required and there are regional retention, storage or detention options available, a waiver or payment in lieu of cost may be levied. (c) Setbacks. (d) Sign setbacks. (e) Landscaping, location, amount, or type of placement. (f) One (1) story height increase in the Downtown sub-district. Sec Minimum Submittal Requirements for Zoning Related Regulations Review for Projects in the Redevelopment District. [Formerly part of Sec ] At a minimum, the following shall be required for review of projects located within the redevelopment area: (a) Completed application. (b) A digital and paper copy of plot or site plan, drawn to scale, showing the variance requested. (c) One survey of the property. Sec Review Criteria. [Formerly part of Sec ] The DRC shall review waiver applications with staff comments and either approve, approve with conditions, or deny the request by a majority of the attending committee members. The criteria for granting such waivers shall be the following: 61 Page 69 of 136

70 (a) The property exhibits physical constraints that prevent the implementation of the Code provision and the waiver would allow the implementation of the Code provision to the greatest extent possible; or (b) The waiver would facilitate a greater adherence to the Urban Design Manual that would not be possible in implementing the Code provision as required; or (c) The waiver would facilitate an agreement for participation in a regional stormwater or parking program with the Downtown; or (d) The waiver would facilitate the provision of required landscaping within a public space. Sec Appeals. [Formerly parts of & ] Any appeals to a decision of the DRC regarding DMU zoning regulation waivers regarding parking as it pertains to number of spaces and location; Stormwater Management; setbacks; landscaping with regards to location, amount, or type of placement; and one (1) story height increase in the Downtown sub-district may be appealed to the Board of Adjustment and Appeals Downtown Community Redevelopment Agency (DCRA). Said decision must be appealed within thirty (30) days after rendered. The fee for the appeal to the Board of Adjustment and Appeals shall be as adopted by the City. Sec Completion and close out. Waivers shall be listed on the cover sheet of the applicable plans with approval dates and conditions of approval, if any. Approved waivers are valid only for the application submitted, the type of development being proposed, and related applications. Sec Reserved. Division 7 Administrative Waivers to Setbacks Sec Administrative waiver of setback requirements. [Formerly Sec ] (a) In all zoning classifications, front, rear, side and side corner setbacks may be partially waived by the Administrator if the request meets the following criteria: (1) The waiver shall only apply to setbacks imposed by the applicable zoning classification and Section 59-32Chapter 28, Article VII pertaining to accessory buildings and structuresuse development standards. (2) The waiver shall not exceed ten (10) percent of the required minimum setback(s) or one (1) foot, whichever is less. (3) The waiver shall be utilized only where the lot is a conforming lot or a legal nonconforming lot of record. (4) The waiver shall apply only to the principal structure or an accessory structure. (5) The waiver shall not result in an encroachment into an easement. (6) Total structural coverage of the lot shall not exceed the floor area ratio required by the applicable zoning classification or the performance standards set forth in Chapter 35 for the Area of Critical Concern. (7) The waiver shall not result in encroachment to a wetland. 62 Page 70 of 136

71 (b) Applicants for the administrative waiver of setback requirements shall submit a letter to the Administrator setting forth the specific request and the need therefor, as well as the applicable fee. The letter shall include verification by a current certified survey of existing setbacks, and the percentage of the total structural coverage on the lot. For purposes of this section, a current certified survey shall be defined as a survey completed within six (6) months of the date of submittal. Sec Reserved. Division 8 Administrative Waivers to Lot Size Sec Administrative waiver of lot size, width or depth requirements. [Formerly Sec ] (a) In all zoning classifications, a waiver of minimum lot size, width or depth may be partially waived by the Administrator if the requests meets the following criteria: (1) The waiver shall apply to the minimum lot size, width or depth imposed by the applicable zoning classification. (2) The waiver shall not exceed ten (10) percent of the required minimum lot size, width or depth as required in the specific zoning classification. (3) The waiver shall be utilized only where the lot is a conforming lot or a legal nonconforming lot of record. (4) Total structural coverage of the lots shall not exceed the floor area ratio required by the applicable zoning classification or the performance standards set forth in Chapter 35 for the Area of Critical Concern. (5) A waiver shall not result in encroachment to a wetland. (b) Applicants for the administrative waiver of lot requirements shall submit a letter to the Administrator setting forth the specific request and the need thereof, as well as the applicable fee. The letter shall include verification by a current certified survey of existing lot size and dimensions. For purposes of this section, a current certified survey shall be defined as a survey completed within six (6) months of the date of submittal. Sec Reserved. Article VI Nonconforming Uses, Structures/Vested Rights Division 1 Nonconforming Uses and Structures Sec Nonconforming uses Continuation. [Formerly Sec ] (a) Unless specifically prohibited elsewhere in these regulations, nonconforming uses that were otherwise lawful on the effective date of these regulations may be continued. 63 Page 71 of 136

72 (b) All nonconforming uses of land without principal buildings, including open storage; building supplies; vehicle, implement or machinery storage, not on the same lot with a plant, factory, or sales facility; signs; billboards; junk yards; and commercial animal yards, and similar uses, shall comply with these regulations pertaining to uses permitted within one (1) year from the effective date of these regulations unless otherwise prohibited by law. Sec Same Extension, enlargement, or expansion. [Formerly Sec ] A use not in conformance with these regulations shall not be extended, enlarged or expanded where such activity will result in: (a) An increase in the amount of space devoted to the nonconforming use. (b) An increase in the number of required parking spaces. (c) An increase in the provision of public services (i.e. method and frequency of solid waste collection, a larger sized water meter, or similar demand for public facilities or service). Sec Same Discontinuance. [Formerly Sec ] A use not in conformance with these regulations shall not be changed to another nonconforming use or reestablished after discontinuance for a period of six (6) months. For the purposes of this section, this six (6) month period may be determined by a failure to maintain a valid occupational license, the cessation of water and or electric services, or any other method as may be deemed appropriate by the Administrator. Sec Nonconforming structures In general. [Formerly Sec ] Nonconforming structures that were otherwise lawful on the effective date of these regulations may be maintained and repaired except as provided in Sections and below. Sec Same Extension, enlargement, or expansion. [Formerly Sec ] A structure not in conformance with these regulations shall not be extended, enlarged or expanded where such activity will result in a greater nonconformity with respect to such standards as setback, height, lot coverage, or density. Sec Same Rebuild and repair. [Formerly Sec ] A structure not in conformance with these regulations shall not be rebuilt or repaired after damage exceeding fifty percent (50%) of the assessed value of the structure on the date of the damage, as determined and maintained by the Brevard County Property Appraiser's Office. Notwithstanding the above, a single-family or multi-family residential structure which is nonconforming in that said structure does not meet the necessary minimum square footage requirements or lot and building or setback requirements may be rebuilt or repaired in the same configuration as before damaged even if the damage is in excess of fifty percent (50%) of the assessed value of the single-family 64 Page 72 of 136

73 or multi-family residential structure. A single-family or multi-family residential structure which is a nonconforming use which is destroyed by more than fifty percent (50%) of the assessed value of the structure may not be rebuilt or repaired. Sec Nonconforming lots. [Formerly Sec ] Lots made nonconforming by the adoption of these regulations shall comply with the following: (a) Remedies. Where two (2) or more nonconforming lots with continuous frontage are under the same ownership, or where a nonconforming lot has continuous frontage with a larger tract under the same ownership, such lot or lots shall be combined to form one (1) or more building sites meeting the lot requirements of the district in which they are located. (b) Dwellings on Nonconforming Lots. The building official may issue a building permit for a singlefamily dwelling on any nonconforming lot provided that the remedies set forth in this section cannot be complied with; that such use is permitted, and that the regulations of the district in which the lot is located are met and all other regulations are met. (c) Variance for Dwellings on Nonconforming Lots. The Board of Adjustments and Appeals may authorize the issuance of a building permit for a single-family dwelling on a nonconforming lot only after it has been determined that remedies as set forth in this section cannot be complied with and that the regulations for the district in which the lot is located can not be met. The Board may also grant such variances on lot and building requirements in cases of hardships, so as not to create any condition detrimental to the public health, safety, and welfare. Sec Nonconforming projects. [Formerly Sec ] Any project made nonconforming by the adoption of these regulations shall be allowed to continue, provided such project is in receipt of an approved building permit, site plan approval, or preliminary plat approval granted prior to the effective date of these regulations and maintains the building permit, site plan approval, or preliminary plat approval in a current status as provided in the former regulations. Sec Nonconforming antenna support structures, replacements and modifications of existing structures. [Formerly Sec ] In order to encourage and promote the use of sites which already have existing wireless communication facility (WCF) structures; in order to promote co-location of antennas and to minimize the adverse aesthetic impacts associated with the proliferation of ground mounted towers within the City of Titusville, the owner of any nonconforming WCF may replace, repair, and/or rebuild such WCF in order to accommodate co-located antennas or to improve the structural integrity of the facility to allow the said facility to accommodate co-located antennas or facilities. Modifications to or replacement of existing nonconforming WCF may occur subject to the following conditions: a) Non-conforming antenna support structures: All antenna support structures legally installed at the time of initial construction, which, because of changes to the Code, no longer conform to the requirements of the Code, shall be considered legally permitted, non-conforming uses regardless of zoning district. Such facilities may be used or repaired and, may be replaced or modified subject to the reason for such act is to accommodate the following: 1. To allow the facility to accommodate co-located antennas or facilities. 2. To prevent the proliferation of WCF's. 65 Page 73 of 136

74 3. To improve the structural integrity of the facility to allow the facility to accommodate colocated antennas or facilities. b) Modification or replacement of existing structures to accommodate co-location: 1. Modification or replacement of existing antenna support structures. An existing antenna support structure may be modified or replaced to accommodate the colocation of antenna(s) as follows: a. The owner of any nonconforming WCF may replace, repair, rebuild and/or expand such WCF in order to allow the facility to accommodate co-located antennas or facilities, so long as such facilities are not increased in height. b. The owner of any nonconforming WCF may replace, repair, rebuild and/or expand such WCF in order to allow the facility to accommodate co-located antennas or facilities, so long as such WCF and accessory structures (i.e. guy wire anchors etc.) are setback a minimum of one hundred (100) feet from the property line. c. A facility which has an existing setback less that one hundred (100) feet shall not decrease their existing setback. If the applicant can document that there are no conceivable possibilities to replace the existing WCF and accessory structures without decreasing the existing setbacks due to the physical limitations of the site, the replacement tower setback may encroach no more that fifteen (15) feet from its present location. Any replacement WCF that is closer than one hundred (100) feet to a residential use and/or zoning shall be required to provide the following screening to the abutting residential zoning and/or uses. 1. The WCF and accessory structures (i.e. guy wire anchor area etc.) shall be required to provide a screening fence around all sides. A minimum six (6) foot chain link fence or masonry wall shall be installed around all sides. A six (6) foot masonry wall shall be required when said screening fence is located within ten (10) feet of the property line and abutting a residential zoning and/or use. 2. Along the outside of the screening fence a landscape buffer shall be required to effectively screen the view of the WCF and accessory structures (i.e. guy wire anchor area, etc.). Screening planting/vegetation shall be required to be planted. This screen planting shall occupy a minimum five (5) foot wide area around the facility. Type of planting material is to be approved by the city's landscape inspector. This vegetative screening shall, at a minimum, consist of the following. a) A row of shade trees a minimum of eight (8) feet tall at planting and a maximum of fifteen (15) feet apart (i.e. fifteen (15) feet on center) or as required by the city landscape inspector. b) A continuous hedge at least twenty-four (24) inches in height at planting and capable of growing to a least thirty-six (36) inches in height in eighteen (18) months. c) All landscaping shall be of the evergreen variety. d) All landscaping shall be xeriscape tolerate or irrigated and properly maintained to ensure good health and viability. 3. No existing trees/vegetation shall be removed unless the applicant can document that there is no conceivable way to replace the existing WCF without the removal of said trees/vegetation. 4. The above noted screening requirements shall apply to all replacement WCF and accessory structures (i.e. guy wire anchor area, etc.) with a setback less than 66 Page 74 of 136

75 one hundred (100) feet, including situation where the exiting setbacks area not being decreased. d. Antenna support structures which, when modified or replaced, will conform to the requirements of the Code, may be modified or relocated on the same parcel in accordance with the requirements of the Code; and e. After the new/replacement antenna support structure is erected, as provided herein, the existing antenna support structure shall be removed within ninety (90) days after the replacement support structure obtains a certificate of occupancy/completion from the City of Titusville. f. An antenna support structure, which is modified or replaced to accommodate the colocation of additional antenna(s), shall be either of the same type as the existing antenna support structure or a monopole. 2. Utilization of existing structures, other than antenna support structures. An existing structure, other than an antenna support structure, may be modified or replaced to accommodate both its prior function and antenna(s) as follows: a. Such existing structures which, when modified or replaced, shall conform to the requirements of the Code for antenna support structures and shall meet all zoning requirements, may be modified or relocated in accordance to the requirements of the Code. b. The modified or relocated structure shall comply with all applicable FCC and FAA regulations and applicable building codes. c) Nonconforming WCFs may continue in use for the purpose now used, but may not be expanded without complying with this section. d) Nonconforming WCFs may add additional antennas (belonging to the same carrier or other carriers) subject to administrative review. e) Nonconforming WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit within ninety (90) days after said damage occurred. Sec Nonconforming structure Metal carports. [Formerly Sec ] Existing nonconforming free standing carport structures that were existing on the effective date of this regulation (11/9/04) shall be inspected to determine compliance or noncompliance with applicable setbacks and building code. These structures shall be permitted and shall be allowed to remain if they: 1. do not encroach into the public right of way; and 2. do not cause visual obstruction in the sight/vision triangle at road intersections; and 3. obtain a building permit and pay the applicable permit fees by 3/1/05; and may be maintained and repaired except as provided in LDR Sections and The existing metal carports not meeting the above criteria shall be subject to code enforcement action. 67 Page 75 of 136

76 All new carports shall comply with the existing zoning setbacks for accessory structures and building permits shall be required prior to construction. There shall be no more than one metal carport allowed on any lot for new carports authorized by the City. Sec Nonconforming commercial uses with a residential zoning designation. [Formerly Sec ] The City finds that nonconforming commercial uses with a residential zoning designation are intended to be eventually used for residential purposes and are in areas designed and intended for residential uses. Therefore, certain outdoor activities of commercial uses that are a disruption to the peace and quality of life of residential neighborhoods shall be prohibited. Churches shall not be considered commercial uses in this Section. Any nonconforming commercial use with a residential zoning district designation, specifically RHP, RE, RR, R1-A, and R1-B zoning districts, may not conduct the following organized entertainment activities on the property: (a) Entertainment, such as amplified music, promotional activities, food service (unless on outdoor seating areas permitted prior to the use becoming nonconforming as provided below), or fundraisers, unless such entertainment activities, and all attendees and commercial business patrons, are completely within the enclosed principal structure. (b) Special Events, as defined by Section of the Code of Ordinances, unless such event, and all attendees and commercial business patrons, are entirely within the enclosed principal structure. Furthermore, any provision of outdoor seating after the commercial business became a nonconforming use shall be considered an expansion of the use and will be in violation of Section Enforcement of this Section shall be processed through Section 1-15 of the Code of Ordinances or the Code Enforcement provisions of Chapter 162, F.S. Secs Reserved. Division 2 Certificate of Nonconforming Use Sec Intent The owner of a property who wishes to establish that a use on the property is lawfully nonconforming, under the provisions of these regulations, may submit an application for a Certificate of Nonconforming Use. Sec Application The application for a Certificate of Nonconforming Use may be obtained from the Planning Department or the City Clerk s office. At a minimum, the application shall contain the following: 68 Page 76 of 136

77 (a) Name and addresses of adjoining property owners. (b) Location map with the site identified. (c) Site plan drawn to scale illustrating the location of all structures and parking. (d) Current photographs of the property including all structures. (e) Evidence sufficient to establish that the use was lawful when established and continues to be lawful, even though it no longer conforms to the requirements of the zone in which it is located because of zoning ordinance or zoning map changes. (f) Evidence sufficient to show continuous use since initial establishment of the lawful use. Secs Review of application Staff shall review the application for completeness prior to acceptance of the application. If the application is deemed complete, the application will be reviewed based on the information provided and the Administrator will make a determination. After the final determination is made by the Administrator, if the Certificate is approved a formal letter will be sent to the applicant. This letter, along with the application will constitute the Certificate of Non-conforming Use Secs Reserved. Division 3 Vested Rights Determination Sec Intent. [Formerly Sec ] Because a determination that a vested right exists could have a negative impact on the City Comprehensive Plan or Land Development Regulations, as amended from time to time, this article does not and shall not be construed to accord any rights or privileges to an applicant which would not otherwise be found to exist in a court of law or equity in the absence of this article. The finding that a vested right exists, or the issuance of a Development Order based upon such a finding, shall only be made to the minimum extent necessary to preserve and protect the legal rights of the applicant. The special permit review process shall be considered as a quasi-judicial proceeding. This article shall not be applicable to any impact fee adopted by the City. Sec Definitions. [Formerly Sec ] As used in this article, the following definitions shall mean: (1) Applicant means any person, partnership, corporation, or other legal entity having a mortgage interest or an ownership interest, whether legal or equitable, in a parcel of land in the City, or his attorney-in-fact, who applies for a Development Order. (2) Development shall be defined as set forth in Section , Florida Statutes, as amended from time to time. (3) Development order means any order granting, with or without conditions, a development permit including any building permit, zoning approval, rezoning, subdivision approval, site plan approval, conditional use, certification, variance or other official action of the City having the effect of permitting the development of a parcel of land. 69 Page 77 of 136

78 (4) Investment-backed expectation means and refers to the expenditure of substantial sums of money by the applicant which cannot be recovered by the applicant, or an irreversible and substantial change of position that imposes on the applicant an obligation to expend sums of money in the future. (5) Land development regulation means an ordinance that has an adverse and material effect upon the applicant's claim to a vested right to commence and construct a specific type, level, nature, density, or intensity of development and which said ordinance is for the regulation of any aspect of development, including any city comprehensive planning, zoning, rezoning, subdivision, building construction, site planning, sign regulation, or any other regulations controlling the development of land. (6) Parcel of land means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner as land to be used, or developed, as a unit or which has been developed as a unit. (7) Pending means the date on which a proposed change in the City Comprehensive Plan or a Land Development Regulation became pending. For a comprehensive plan or a land development regulation to be pending, it does not have to be before the City Council, provided the appropriate administrative department of the City is actively pursuing it. Mere thoughts or comments by City employees concerning the desirability of a change are not enough to make the provision pending. There must be active and documented efforts on the part of those authorized to do the work which, in the normal course of City actions, culminates in the comprehensive plan or land development regulation adoption or amendment. The City Council or local planning agency must at least be aware that these efforts are going forward. For a comprehensive plan or land development regulation to be pending, however, it is not essential that the property owners be advised of these activities. If the pending change in the comprehensive plan or a land development regulation is immediately preceded by a period in which a building, zoning or other moratoria, stop-gap or interim land development regulation existed which limited the ability of the applicant or the applicant's predecessor in interest to request changes in the pre-existing land development regulation, then the date on which the provision in the comprehensive plan or a land development regulation defeating the applicant's vested right shall be the date on which the proposed predecessor moratorium, stop-gap or interim land development regulations became pending. Sec Application for vested rights special permit. (a) Application for vested rights special permit. Upon application and review, the City Council may grant, as a special permit, an exception to the otherwise applicable provisions of the City Comprehensive Plan or any Land Development Regulations in the City Code, except for impact fees. Said special permit shall specify the specific type, density or intensity of development of a specifically described parcel of land or to any other person or legal entity. However, additional special permits may be issued to other persons or legal entities satisfying the requirements of this article. The special permit may be granted whenever the City Council finds that the applicant has demonstrated that the applicant has a pre-existing vested right to commence or complete construction on a specific development. The special permit may be granted with or without conditions depending upon presented evidence. Sec Considerations for determination of vested rights. 70 Page 78 of 136

79 (a) Considerations for determination of vested rights. In determining whether a right to commence or complete construction of a specific type, density, or intensity of development has vested the following factors, as the evidence shall deem to be appropriate, shall be considered: (1) Whether there has been an act or omission to act by the City which would give rise to a vested right, the date of such an act or omission, and the official position of the person responsible for the act or omission. (2) With reference to the act or omission to act referenced in subsection (b)(1) above, whether the City official acted or omitted to act within the course and scope of his personnel rank job duties and official position and had the authority to bind the City. (3) Whether the applicant made a substantial change in position or has an investment-backed expectation, based upon an unexpired act, or omission to act, of the City including: a. The nature of the applicant's change in position or investment-backed expectation. b. Expenditure of money or obligation to expend funds. c. The amount of funds spent or obligated. d. Dates of expenditures or incurrence of the obligation, acts committed which represent a change in position and dates thereof. (4) Good faith of the applicant in substantially changing its position or the incurring of extensive obligations and expenses based upon the City's actions or omissions to act. (5) Any acts of the applicant (and the dates thereof) associated with physical improvements on the parcel of land in question such as grading, installation of utility infrastructure or public improvements, or any acts of the applicant (and the dates thereof), including dedication of and to the City or any other governmental entity, payment of fees such as but not limited to impact fees, design fees of specific buildings, and design fees for improvements to be constructed on the site. (6) The extent to which the applicant has secured building permits for and commenced or completed the construction of subdivision improvements and buildings upon part but not all of the development project that was contemplated to extend over a period of months or years. (7) Whether the applicant, prior to or on the date of the change in the comprehensive plan or land development regulation defeating the applicant's vested right, became pending, has made contractual commitments to complete structures or deliver title thereto or occupancy thereof and the dates of and amounts of money involved in said commitment. (8) Whether prior to the date the comprehensive plan or land development regulation became pending, the applicant incurred financial obligations to a lending institution which the applicant will be unable to meet, and whether it would be inequitable and unjust to require the applicant to meet the new regulations, and therefore should be permitted to proceed with the previously permitted type, density or intensity of development. (9) Whether enforcement of the terms of the currently effective comprehensive plan or any land development regulation, claimed to defeat the applicant's right to develop a parcel of land will expose the applicant to substantial monetary liability. (10) Whether the applicant has a vested right to commence and complete only a portion of a proposed development on all or a portion of the applicant's parcel of land. (11) That the applicant owned an interest in the parcel of land proposed to be developed on the date of the change in the comprehensive plan or land development regulation and that the specific type, density, or intensity of development proposed for the parcel of land was lawful and permitted at that time. 71 Page 79 of 136

80 (12) Whether the applicant has continuously owned the parcel of land since the date of the change in the comprehensive plan or land development regulation until the date of the public hearing before the City Council on the special permit application. (13) Whether requiring that the applicant's parcel of land be developed in accordance with the currently effective City Comprehensive Plan or City Land Development Regulation restrictions will deprive the applicant of a reasonable rate of return on his investment or substantial change in position, or otherwise unjustly deprive the applicant of its vested rights. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment: a. Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the type, density or intensity of development claimed by the applicant to be vested. b. Expenditures for taxes, except for any increases in tax expenditures which result from issuance of development order which would now be contrary to the currently existing City Comprehensive Plan or relevant Land Development regulation. c. Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obligated to incur as an ordinary and necessary business expense (for example, employees, salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated or a development order not been issued, for the type, density or intensity of development now claimed by the applicant to be vested. (14) Any other information relevant to discerning the applicant's claim to vested rights to develop its parcel of land in a particular manner that may be pertinent under Florida or federal law, including the existence of an imminent peril to the public health, safety, welfare, economic prosperity, general order, aesthetics, or appearance which should preclude approval of a vested rights special permit. Sec Vested rights criteria. (a) Vested rights. The right of the applicant to commence or complete construction of development of a type, density, or intensity of development on the applicant's parcel of land or a portion thereof is vested, if the applicant can demonstrate to the satisfaction of the City by substantial, competent evidence that: (1) The currently effective City Comprehensive Plan or portion thereof, or a land development regulation, has a material and adverse effect upon the applicant's vested right to develop the subject parcel of land. (2) By application of the considerations set out in subsection (b) hereof the applicant in good faith upon some act or omission of the City has made such a substantial change in position or has an investment-backed expectation that would make it inequitable and unjust to destroy the right of the applicant to commence or complete a certain type, density, or intensity of development upon all or a portion of the applicant's parcel of land. (3) The fact that the parcel of land has been or is in a particular zoning or comprehensive planning land use district or classification under the currently effective, or any prior, City Comprehensive Plan or Land Development Regulation, shall not, in and of itself, establish that an applicant's right to commence or complete construction of a certain type, density, or intensity of development has vested. 72 Page 80 of 136

81 (4) If it is determined that there is an imminent peril to the public health, safety, welfare, general order, economic prosperity, aesthetics or appearance or that the public costs outweighs the applicant's vested right, the special permit may be denied. (5) The good faith reliance and change in position occurred before comprehensive plan or land development amendment was pending as defined above. Sec Submittals/exhibits. (1) Any applicant may file an application for a specific permit determining that the applicant's right to commence or complete a specific type, density or intensity of development on a parcel of land has vested. Such application shall be filed with the city planning and zoning administrator and shall contain:provide information as set forth in the Development Review Procedures Manual Section a. A concise and complete recital of the facts, including dates of expenditures or obligation to expend funds, dollar amounts, the nature of expenditures or obligation to expended funds, and other factors which are claimed to support the claim to a vested right to commence or complete a specific type, density or intensity of development. b. A legal description of the parcel of land and survey thereof upon which the applicant claims to have vested development rights. c. The applicant's name, address and telephone number. d. The name, address and telephone number of any attorney or agent who is or will be representing the applicant. e. A title opinion of a Florida attorney (which opinion is in a form acceptable to and in favor of the City), abstract of title, or other evidence demonstrating that the applicant has continuously held title to the parcel of land described in the application from the date on which the comprehensive plan or land development regulation change became pending until at least two (2) weeks prior to the date of application for a special permit together with a description of the event and quality of ownership of the parcel of land during said period. As of the date of final approval of any vested rights special permit, the applicant may be required by the City to update the foregoing information to the date of approval of any vested rights special permit. f. An affidavit under penalty of perjury verified or executed before a notary public (and thereafter subscribed to by said notary public), by the applicant attesting to the truth, accuracy and veracity of the application and all attachments thereto. g. Such other information relevant to the standards and factors in this article as the planning and zoning administrator may specify. (2) The applicant shall attach to the application original or photographically reproduced copies of all documents or other relevant evidence. Said attachments shall be deemed to be a part of the application. (3) Application fee. Application fee shall be set forth in the Land Development Regulationsadopted fee schedule. Sec Local planning agency review. Local planning agency review. A public hearing shall be held by the local planning agency on the application for a special permit for vested rights determination. Within forty-five (45) days after the public hearing, the local planning agency shall forward its recommendations to the City Council. A copy of the 73 Page 81 of 136

82 recommendations shall also be mailed to the applicant. Said findings of recommendation shall be advisory in nature. Sec City council review. City council review. Within sixty (60) days of the date of the local planning agency has forwarded its findings of recommendations, the City Council shall hold a public hearing on the application for a special permit. Within forty-five (45) days after the public hearing on the application for the special permit, the City Council shall vote on the vested rights request and shall file its written findings and order of determination of the existence or nonexistence of vested rights with the City Clerk. A copy will be forwarded to the planning and zoning administrator and the applicant. The order shall either issue a special permit, issue the special permit with conditions or deny the special permit application. Sec Application deadline. Application deadline. A person or legal entity shall have one year after the effective date of the comprehensive plan amendment or land development regulation amendment that effects a person's or legal entity's vested right to commence or complete a proposed development to file an application for vested rights. Failure to make such application shall be "interpreted" as waiver of a vested rights claim. Although the one year time period may, in the opinion of the aggrieved person or legal entity, have passed, any person or entity who believes that its vested rights may be abrogated by any provision in the comprehensive plan or by a land development regulation must, prior to seeking judicial relief, first, file a complete application for a vested rights permit so that a determination can be made whether the one year application deadline has actually passed and whether other provisions of the comprehensive development plan or land development regulations may preserve the applicant's vested rights. Sec Judicial review. Judicial review. Any person or legal entity aggrieved by a determination of the City Council to deny, grant or grant with conditions a vested rights special permit may seek judicial review by filing a petition for writ of certiorari in the circuit court seeking review. Said petition must be filed within thirty (30) days after the date of rendition of the final order of the City Council and pursuant to the requirements of the Florida Rules of Appellate Procedure. Sec Severability. [Formerly Sec ] In the event a court of competent jurisdiction shall hold any provision of this article invalid or unconstitutional, the remaining provisions shall remain in full force and effect. Secs Reserved. 74 Page 82 of 136

83 Article VII Development Agreements Sec Development agreements Purpose and intent. [Formerly Sec ] The City Council may enter into development agreements with the legal and/or equitable owners of parcels of land within city limits, pursuant to Section et seq., Florida Statutes, or otherwise, provided the requirements set forth under the terms of this chapter are complied with. The entry into a development agreement by the City shall in no way whatsoever limit or modify any legislative power by the City to adopt ordinances, resolutions, regulations or to make executive, administrative or legislative decisions of any kind which it had the power to make prior to the entry of such development agreement, except to the degree that the development agreement, by its express terms and not by implication, gives vested rights to the landowner, and his successors and assignees in interest, as to certain development approvals. No development agreement shall, by its express terms or by implication, limit the right of the City Council to adopt ordinances, regulations, or to adopt policies that are of general application or specific as to the parcel of land subject to the development agreement in the City, except as is expressly provided by Chapter 163, Florida Statutes, or said development agreement. Sec Site Development Agreement or Binding Development Agreement. [Formerly Sec ] May be used to confirm or establish via negotiation the form of on- or off-site improvements that are required to be performed by either an owner, developer, or stakeholder and the DCRA. Such agreements shall be adopted in accordance with Article VII of the City's Land Development Regulations. Sec Applicability of ordinance and resolutions of city to development. [Formerly Sec ] (a) The ordinances and regulations of the city governing the development of the land at the time of the execution of any development agreement provided for hereunder shall continue to govern the development of the land subject to the development agreement for the duration of the development agreement, except as otherwise provided herein. At the termination of the duration of the development agreement, all then-existing codes shall become applicable to the development regardless of the terms of the development agreement, and, as appropriate, the agreement shall be modified accordingly. (b) The city may apply ordinances and policies adopted subsequently to the execution of the development agreement to the parcel of land subject to the development agreement only if the city has held a public hearing noticed in the same manner as prescribed in Section and further determined that: (1) Such new ordinances or policies are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the development agreement; (2) Such new ordinances or policies are essential to the public health, safety or welfare, and the new ordinance or policies expressly state that they shall apply to a development that is subject to a development agreement; (3) Such new ordinances or policies are specifically anticipated and provided for in the development agreement if contemplated at the time of execution of the development agreement; (4) The city has demonstrated that substantial changes have occurred in pertinent conditions existing at the time of the approval of the development agreement; or 75 Page 83 of 136

84 (5) The development agreement is based on substantially inaccurate information supplied by the developer. (c) In the event that state and federal laws are enacted after execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of the development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. Such modification or revocation shall take place only after proper public hearing and notice as is required for the adoption of a development agreement as provided for in Section (d) The city shall review all parcel(s) of land within the city subject to a development agreement not less than once every twelve (12) calendar months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. The city manager shall report his findings to the city council. In the event that the city finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the city upon thirty (30) days' notice to the parcel of land owner as shown on the records of the property appraiser for Brevard County. Such termination or amendment shall be accomplished only after a public hearing and notice as is herein required for the adoption of a development agreement. Amendment or cancellation of the development agreement by mutual consent of the city and the owner of the parcel of land may be accomplished by following the notice requirements required for initial adoption of the development agreement as is above set forth. (e) All existing ordinance and regulations governing the development of land at the time of the approval of a Development Agreement shall be applicable to the development. If a portion of the property included within the Development Agreement application includes lands that have a separate and distinct land use per the Comprehensive Plan and zoning, from other lands within the application, then in that event, said separate and distinct land uses and zoning will be reviewed separately in accordance with the Land Development Regulations of the City and each separate Land Use and zoning shall be considered the total area of a development or developer site and must comply separately with the Land Development Regulations of the City (including but not limited to parking, tree protection, storm water, Area of Critical Concern, percentage of impervious surface coverage, etc.) without including other lands from the other separate and distinct land use and zoning. Sec Home rule powers development agreements. [Formerly Sec ] (a) Notwithstanding the city council's right to enter into statutory development agreements pursuant to F.S. Chapter 163 and this chapter, the city council shall also have the right to enter into development agreements pursuant to the Florida Municipal Home Rule Powers Act. Such agreements shall provide for terms and conditions deemed necessary by the city council. Any agreement may also provide for variances or waivers from any applicable land development regulation of the city, provided the owner of real property demonstrates a bona fide need for the variance or waiver and agrees to provide significant enhancements to the subject property in exchange for the variance or waiver. The enhancements must significantly bring the overall quality of the proposed development above and beyond the minimum requirements set forth in the land development regulations, must be consistent with the city's comprehensive plan, and must serve the public health, safety, and welfare of the citizens and visitors of the city. (b) The provisions contained in Section shall apply to any agreement entered into under this section. [This section is the yard and bulk requirements contained in the PUDZ zoning district. This district is being converted to the PD option, and will not include the requirements contained in that section.] 76 Page 84 of 136

85 Sec Procedure for application of development agreement. [Formerly Sec ] (a) Any person or entity desiring to enter into a development agreement with the City shall make a written request to enter into said development agreement by filing an application with the planning community development director, which application shall contain information as set forth in the Development Review Procedures Manual Section (1) A concise and complete recital of the proposed contents of the development agreement, including, but not limited to: a. Development uses permitted on the parcel of land, including population densities and building intensities, and heights of structures on site; b. A description of the public facilities which will provide services, the approximate date that new public facilities, if needed, will be constructed, and a schedule to assure that the public facilities and services will be available concurrent with the impacts of development; c. A description of any reservation or dedication of land for public purposes; d. A statement or finding demonstrating that the proposed development agreement will be consistent with the comprehensive plan of the city; e. Legal description of the parcel of land thereof, which will be the subject of development agreement; f. The desired duration of the development agreement not to exceed five (5) years. For agreements entered into after the effective date of this ordinance, the applicant may request an extension of the development agreement from City Council consistent with F.S , as may be amended from time to time; g. Any deed restrictions existing or being imposed upon the parcel of lands for development, and a description of any reservation or dedication of land for public purposes. It is understood the deed restrictions may change based upon a change in circumstances; h. A list of all federal, state, and local permits approved or needed to be approved for the development of the land; (2) The name, address and telephone number of the applicant and any attorney or agent who is or will be representing the applicant; (3) A title opinion from a Florida attorney (which opinion is in a form acceptable to and in favor of the city), abstract of title, or other evidence of title which shall identify and provide the names, addresses and telephone numbers of all legal and equitable owners having interest in such parcel of land, as well as all mortgage or lien holders, holders of easement interest, and other encumbrances, all upon the land. In the event that any partnerships, corporations, joint ventures or other entities, other than the applicant for a development agreement, might own a legal or equitable interest in such parcel of land, all such principles in such partnerships, corporations, joint ventures and other entities shall be revealed. As of the date of recordation of any development agreement, the applicant may be required by the city to update the foregoing information in this subparagraph to the date of recording of the development agreement; (4) An application signed by the owner and if not signed by the owner a notarized consent signed by the owner authorizing the person to sign the application. (5) Payment of any required application fee which shall be the same as rezoning request; 77 Page 85 of 136

86 (6) A statement listing all contemplated zoning districts or land use modifications or requests for more flexibility that will be required if the proposed development plan were to be approved; (7) A survey of the parcel of land showing the approximate location of all environmentally sensitive lands, or lands subject to the jurisdiction of the U.S. Army Corps of Engineers, State Department of Environmental Regulation, the St. Johns River Water Management District or Brevard County, Florida; (8) A description of all existing and proposed utilities and the manner in which existing utilities will be extended to the site and/or expanded for the use of the development including water, sewer, gas, electricity, cable television, and other utilities; (9) A conceptual drainage plan for the proposed project indicating thereon the existing drainage features and land topography, along with, superimposed thereon, the proposed drainage features indicating clearly the means by which the final developed parcel of land will collect, regulate and conduct the drainage runoff from the parcel of land developed and tributary thereto; (10) A conceptual use grading plan and included therewith the elevation requirements of the National Flood Insurance Program as applicable to the city; (11) A conceptual plan showing the proposed layout of streets, lots, green areas, conservation areas, bike ways, parks, public facilities and such other amenities; (12) Any further information that the city may require because of the particular nature or location of the development. (b) The applicant shall attach to the application an original or photographically reproduced copies of all documents or other relevant evidence. Said attachments shall be deemed to be a part of the application. (c) Compliance with Sections (a) and (b) may be modified from time to time when the city council deems such process unnecessary if compliance would be in contradiction to the best interest or the health, safety or general welfare of the city. Sec Development agreement/vested rights application/beneficial use determination/transfer of development rightsfees. [Formerly Sec ] (a) Development Agreement. One thousand five hundred dollars ($1,500.00) plus eight dollars ($8.00) per dwelling unit/one thousand (1,000) square feet nonresidential plus legal advertisement cost. Development Agreements will be subject to the application and review fees established in the adopted fee schedule. Sec Contents of development agreement. [Formerly Sec ] (a) Development Agreements shall contain all information as established in Sec of the Development Review Procedures Manual, and the information consistent with F.S , as amended. (a) Any development agreement approved under the provisions hereof shall contain not less than the following requirements: (1) A legal description of the land subject to the agreement and the identification of all persons having legal or equitable ownership therein; 78 Page 86 of 136

87 (2) The duration of the development agreement, which duration shall not exceed an initial duration of five (5) years, however, the applicant may request an extension of the agreement from the city council consistent with F.S , as may be amended from time to time, after being subject to the same public hearing process necessary for initial approval of the development agreement; (3) The development uses permitted on the land, including population densities, building intensities and building height(s); (4) A description of the public facilities and services, including on-site improvement, that will serve the proposed project, including designation of the entity or agency that shall be providing such facilities. Additionally, if new facilities are needed to serve the project, the date by which such facilities will be constructed and a schedule to assure that public facilities and services shall be available concurrent with the impact of the development project shall be provided; (5) A description of any reservation or dedication of land for public purposes. The development agreement shall provide specifically how the land dedication obligation for the project, if any, is to be met. In the event that land or any interest herein is to be conveyed to the city or other entity in discharge of the foregoing, the development agreement shall provide that such conveyance will be by warranty deed or other instrument in form and substance acceptable to the city attorney, together with evidence of title in form acceptable to the city attorney prepared by an attorney who is a member of the Florida Bar, a title company, or an abstract company, all depicting who is the owner in fee simple of the parcel of land subject to the development agreement and the holders of any other interest or liens affecting said parcel of land; (6) A description of all local development permits approved or needed to be approved for the development of the land, specifically to include at least the following: Any required zoning or land use plan amendments, any required submission to the East Central Florida Regional Planning Council or to the Department of Community AffairsState Land Planning Agency, any required permission of the State of Florida, Department of Environmental Regulation, the U.S. Corps of Army Engineers, the St. Johns River Water Management District, the U.S. Environmental Protection Agency or any other required governmental permission. The development agreement shall specifically provide that said development permission will be obtained at the sole cost of the owner of the parcel of land, and that any approvals previously given, including the development agreement, shall not in any manner obligate the city or any other governmental agency to grant other permit approvals. Under these conditions, action in reliance on the development agreement or expenditures in pursuance of its terms or any rights accruing to the project owner thereunder shall not vest any development rights in the owner of the project to a continuation of the development agreement; (7) A specific finding in the development agreement that the proposed project permitted or proposed is consistent with the city's Comprehensive Plan or that, if amendments, modifications, variances or exceptions are necessary for the zoning district or land use plan designations on the subject parcel of land, such development agreement is contingent upon those being made and approved by the appropriate governmental agencies; (8) Statement in the development agreement showing how sidewalk and pedestrian travel is being addressed; (9) A statement in the development agreement showing how environmentally sensitive land will be preserved and managed; (10) A statement in the development agreement showing how threatened or endangered species are being protected; 79 Page 87 of 136

88 (11) A statement that the city council may provide for any conditions, terms, restrictions or other requirements determined to be necessary for the public health, safety, aesthetics or welfare of its citizens and such conditions, terms or restrictions may be more onerous or demanding than those otherwise specifically required by the existing land development standards; (12) A statement indicating that failure of the development agreement to address a particular permit condition, term or restriction shall not relieve the owner or developer of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restriction; (13) A provision that any matter or thing required to be performed under existing ordinances of the city shall not be otherwise amended, modified or waived, unless such modification, amendment or waiver is expressly provided for in the development agreement with specific reference to the Code provision so waived, modified or amended; (14) A statement whereby if the applicant, upon approval of the agreement, fails to comply with the terms of the agreement, the city may bring an action in a court of law with competent jurisdiction to project its rights and interests. All associated reasonable costs and attorney's fees shall be reimbursed to the city if an action at law is necessary; and (b) At the city council's discretion, the development agreement may provide that the entire proposed project or any phase thereof shall be commenced or be completed within any specific period of time and may provide for penalties in the nature of monetary penalties, the denial of future final development orders, the termination of the development agreement, or the withholding of building permits for the failure of the parcel of land owner to comply with any such requirement. Sec Development agreement review procedures. [Formerly Sec ] Development Agreements shall be reviewed consistent with F.S , as amended, and shall follow the procedures established in Sec of the Development Review Technical Manual. (a) Staff negotiation. The city manager or the city manager's designee shall review the proposed project and shall meet and hold preliminary nonbinding negotiations with the applicant regarding the appropriate terms and conditions on which said parcel of land should be developed. At such time as a tentative agreement is reached as to the recommended terms and conditions of the development agreement, or the city manager or city manager's designee deems that no further negotiations would be useful because of the unlikely possibility of reaching a concurrence on the terms and conditions of a development agreement, the proposal shall be reduced to a nonbinding and unexecuted writing. Such tentative agreement, whether oral or written, shall not give rise to any development rights or equitably or legally vest any development rights in the owner of the parcel of land or other substantially affected person. (b) Reduction of proposal to writing (1) In the event that the city manager or the city manager's designee and the applicant have negotiated the terms of a mutually acceptable, nonbinding and tentative development agreement, the terms of that development agreement shall be reduced to writing in a contractual form for review and for further discussion, consideration and approval or disapproval as provided herein. (2) In the event that the city manager or city manager's designee and the applicant have been unable to negotiate a mutually satisfactory development agreement, within thirty (30) days of said determination by the city manager or the city manager's designee, the applicant may 80 Page 88 of 136

89 prepare a proposed development agreement consistent with all requirements hereof for review by the planning and zoning board. (c) First public hearing (1) At such time as the development agreement has been reduced to written nonbinding contractual form, or the applicant has prepared a development agreement as set forth above in subsection (b)(2), the city manager or city manager's designee shall transmit such development agreement to the planning and zoning board with the city manager's written recommendation regarding adoption; (2) A public hearing shall be held by the planning and zoning board concerning said application. Notice of intent to consider a development agreement shall be advertised approximately seven (7) days prior to the public hearing; (3) At the hearing, notice of the proposed date, time and place of the second public hearing, which will be held by city council, shall be announced thereon in a newspaper of general circulation in Brevard County, and said notice shall be mailed to all property owners within a five hundred (500) feet radius of the affected parcel of land prior to the first public hearing. Said advertisement and notice of the public hearing shall include: a. Location of the land subject to the development agreement; b. Proposed development's project land use, building intensities, population and building heights; c. Location where a copy of the proposed development agreement may be reviewed; d. Date, time and place of the public hearing (d) City council public hearing (1) The city council shall hold a public hearing on the application for approval of the development agreement after the planning and zoning board establishes its findings and recommendations. At the public hearing and in compliance with any and all procedures established by law for the conduct of said hearing, the city council shall accept any public comment on the terms of the development agreement, and the city clerk shall immediately dispatch, postage prepaid by regular, first class, U.S. mail and in writing, a copy of the determination of the city council to the applicant, or anyone who has requested a copy of the determination of the city council to the applicant, or anyone who has requested a copy of the determination advising them of the city council's decision. The determination shall state that a substantially affected party shall have thirty (30) days in which to file an objection to the determination with the council. (2) Notice of intent to consider a development agreement shall be advertised approximately seven (7) days before the city council's public hearing thereon in a newspaper of general circulation in Brevard County, and said notice shall be mailed to all property owners within a five-hundredfoot radius of affected parcels of land. Said advertisement and notice of the public hearing shall be in the same manner as provided for in subsection (c)(3). Sec Recordation of development agreement. [Formerly Sec ] Development Agreements shall be recorded consistent with F.S , as amended, and shall follow the procedures established in Sec of the Development Review Technical Manual. Not later than fourteen (14) days after the execution of a development agreement, the city shall record the agreement with the Clerk of the Circuit Court in Brevard County, Florida, and a copy of the recorded development agreement shall be submitted to the state land planning agency within fourteen (14) days after the agreement is recorded. The burden of the development agreement shall be binding 81 Page 89 of 136

90 upon and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement. The cost of recordation of the development agreement shall be the responsibility of the applicant. Sec Execution of development agreement. [Formerly Sec ] Development Agreements shall be executed consistent with F.S , as amended, and shall follow the procedures established in Sec of the Development Review Technical Manual. All development agreements shall be executed by all persons having legal or equitable title in the parcel of land subject to the agreement, including the fee simple owner and any mortgagees, unless the city attorney approves the execution of the development agreement without the necessity of such joinder or subordination in that the substantial interests of the city will not be adversely affected thereby. Adoption or modification of a development agreement is determined to be a legislative act of the city in the furtherance of its power to zone, comprehensively plan, and regulate development within its boundaries and, as such, shall be superior to the rights of existing mortgagees, lien holders or other persons with a legal or equitable interest in the parcel of land subject to the development agreement. The development agreement and the obligations and responsibilities arising thereunder on the owner of the parcel of land shall not be subject to foreclosure under the terms of mortgages or liens entered into or recorded prior to the execution and recordation of the development agreement. Sec Reserved. Article VIII Fees Sec Establishment of a Fee Schedule. [Formerly Sec ] A schedule of fees shall be established by resolution of the City Council. The schedule of fees shall establish the processing and review fees for various types of applications. The schedule of fees may be obtained from the Community Development Department or the City of Titusville website. Where not in conflict with State law, fees and costs may be adjusted, deferred, or waived at the discretion of the City Manager or his or her designee, on a case by case basis, to the extent provided for by City Council policy. Sec Impact Fee Intent. [Formerly Sec ] (a) It is the intent of this section to provide for the assessment and collection of impact fees on all new development occurring within the City of Titusville so as to ensure that such new development pays its fair and proportionate share of the capital costs for road, park, fire, police protection, public works and city hall improvements required to accommodate such new development. (b) This chapter is intended to be consistent with and implement the provisions of the Titusville Comprehensive Plan, particularly those public facilities and services that require a minimum level of service to be concurrent with development, as set forth in the Capital Improvements Element of the Titusville Comprehensive Plan. Sec Impact Fee Definitions. [Formerly Sec ] 82 Page 90 of 136

91 For the purpose of the administration and enforcement of this Section, the following definitions shall apply. Unless otherwise stated, words in the present tense shall include the future tense, and words used in the singular shall include the plural: Capital improvement: includes not only the acquisition and/or construction costs of a capital item but also the costs of planning, engineering, inspecting and supervising the acquisition or construction which may include engineering, administrative, inspection and legal fees. Development: any land use activity which generates traffic or provides a need for parks or police and fire protection services. A single-family home or a single structure is a "development" under this definition. Level of service "C": describes a roadway condition of stable flow where volume and density levels are beginning to place restrictions on drivers' speed, lane changing and passing abilities. This level of service standard measured by volume to capacity ratio (v/c) of can be no greater than eighty percent (80%). Off-site road improvements: all improvements required to be made to the public roads or rights-ofway, which are not site-related improvements, and includes, but is not limited to the following (improvements to local streets and rights-of-way shall not be considered off-site road improvements): (1) Dedication of right-of-way; (2) Construction of bridges, road lanes, turn lanes, curbs, medians and shoulders; (3) Construction or improvement of roadway drainage facilities; (4) Purchase and installation of traffic signalization and traffic safety devices; and (5) Relocating utilities to accommodate new roadway construction. Person: includes an individual, a corporation, a partnership, an incorporated association or any other similar entity. Site-related improvements: capital improvements and right-of-way dedications for direct access improvements to the development in question. Direct access improvements include, but are not limited to, the following: (1) Site driveways and internal roads; (2) Right and left turn lanes leading to those driveways or internal roads; (3) Traffic-control measures and devices for those driveways and internal roads; (4) Median cuts; or (5) Other improvements in the public right-of-way necessitated by the development to facilitate direct access to the development. Unit: each entity or occupancy within a building and not the entire building used for residential, hotel and/or motel uses. Sec Imposition of Impact Fees. [Formerly Sec ] (a) Any person who, after the effective date of this Section, applies to obtain a Certificate of Occupancy or final inspection approval for any new development shall be required to pay the impact fees in the manner and amount set forth in this Chapter. (b) Impact fees shall be paid to the City and collected by the Administrator. Sec Computation of Impact Fees. [Formerly Sec ] 83 Page 91 of 136

92 (a) The amount of the impact fees may be determined from the "Schedule of Impact Fees," below. (b) The fee for a building, structure or new development containing mixed uses shall be determined by using the Schedule of Impact Fees and apportioning the space committed to the uses specified on the schedule. (c) If the land use type of the new development is not conducted within an enclosed building or is not specified on the schedule of impact fees, the Administrator shall use the fee applicable to the most nearly comparable type of land use on the schedule. The Administrator shall be guided in the selection of a comparable type by the Institute of Transportation Engineers Trip General, An Information Report (Fourth Edition). (d) Accessory buildings and uses shall be assessed at the same fee rate as the primary or principal building or use. SCHEDULE OF IMPACT FEES IMPACT FEES BY LAND USE TYPE CITY OF TITUSVILLE Fees Land Use Type Roads Police Fire Park City Hall Public Works Total Residential (per unit): * - $69.86 $ $8.68 $ ** Non-residential (Commercial and industrial uses) per square foot * ** *Brevard County Transportation Impact fee per Chapter 62, Article V, Division 6, Sections through of the Brevard County Code. See a copy of the current fee schedule as Exhibit "A". ** City fee plus County Transportation Impact Fee. Sec Computation of Impact Fees. [Formerly Sec ] Any person who elects not to use the schedule of impact fees shall comply with the provisions of this section. (a) The person electing not to use the schedule shall prepare and submit to the Administrator an independent fee calculation report for the new development activity, which report shall contain a traffic engineering study showing the following: (1) Documentation of trip generation rates appropriate for the proposed new development activity; (2) Documentation of trip length appropriate for the proposed new development activity; (3) Documentation of per cent new trip data for the proposed new development activity; (4) Certification of the study by a Florida registered professional engineer with experience in traffic engineering; (5) The independent fee calculation report shall contain all data required to determine impact fees under the formulas provided in this section and all such data shall be fully documented. (b) At the time the independent fee calculation report is submitted, the person submitting the report shall pay to the city a review fee of three (3) per cent of the amount of the impact fees 84 Page 92 of 136

93 determined from the schedule of impact fees up to a maximum of four thousand and eight hundred dollars ($4,800). These funds shall be used solely for review and processing the study and shall not be credited against the impact fee payment ultimately determined to be due. (c) The Administrator shall review the data presented in the report and engineering study and accept the data if he determines that they meet sound engineering principles. The accepted data shall then be used by the Administrator in the formulas provided in the attached schedule of formulas, below, to determine the impact fee of the new development. (d) In the event the Administrator shall not accept the data contained in the report and engineering study, he shall notify the submitting person in writing of the problems or deficiencies with the data and his reasons for rejection. (e) Any person desiring to use this optional method of calculating the impact fee may obtain his Certificate of Occupancy, final inspection or final annexation approval by depositing with the city the full amount of the impact fees determined to be due from the schedule of impact fees. In the event it is determined that a lesser impact fee is appropriate, the excess amount deposited with the City shall be promptly refunded. No interest or other charge shall be due on any refund. If the required traffic engineering study is not submitted within six (6) months of the date of the deposit, it shall be conclusively presumed that such person has elected to pay the impact fee per the fee schedule and has waived the right to any optional calculation of impact fees. SCHEDULE OF FORMULAS The following formulas shall be used for the optional calculation of impact fees provided in Section , above: (1) The formula for calculating the road impact fees shall be that as specified by Brevard County (2) The formula for calculating the police impact fee: Cost per unit = persons per unit cost per capita Net cost = cost per unit available revenue Impact fee = net costs (3) The formula for calculating the fire impact fee is: Cost per unit = persons per unit cost per capita Net cost = cost per unit available revenue Impact fee = net costs (4) The formula for calculating the parks impact fee is: Cost per unit = persons per unit (Acquisition cost per capita + improvement cost per capita) Net cost = cost per unit available revenue Impact [fee] = net costs (5) The formula for calculating the city hall and public works impact fee is: Cost per unit = persons per unit (Acquisition cost per capita + improvement cost per capita) Net cost = cost per unit available revenue Impact [fee] = net costs For further information on the use of the above formulas, reference should be made to the City of Titusville Impact Fee Analysis Sec Impact Fee Credits. [Formerly Sec ] The following credits shall be applied to the impact fees determined to be due under this Section. (a) Redevelopment. In the case of a change of use, redevelopment, alteration, modification or improvement of an existing development or structure which does not involve an expansion of the structure, no impact fee shall be imposed for said change in use, redevelopment, alteration or modification provided that the existing land use type, i.e. residential or nonresidential (section Page 93 of 136

94 314) falls within the same category. For example, in the event the existing land use type is nonresidential office and the new land use type is nonresidential retail, then in that event no additional impact fee will be imposed. In the event the existing structure is expanded or the land use type is changed or modified for example from residential to nonresidential then in that event an impact will be imposed based upon the net increase in the impact fee for the new development or land use as compared to the existing or any previous land use. (b) Off-site road improvements. All off-site roadway improvements which add additional capacity or sidewalks/bikeways over that required for City development approval shall be credited against that portion of the impact fee attributable to road improvements, as set forth below: Each person desiring to utilize such credit shall submit a written cost estimate to the Administrator. Cost estimates for right-of-way dedication shall be prepared and certified by a qualified MAI appraiser. Cost estimates for actual off-site improvements to be constructed shall be prepared and certified by a registered Florida professional engineer. The Administrator shall review the cost estimates and advise the applicant in writing of the amount of credit to be allowed. No credit shall be allowed for "site-related improvements." In lieu of an MAI appraisal, the person may use one hundred twenty (120) per cent of assessed land value as shown on the Brevard County tax rolls. Credit for right-of-way dedication shall not exceed that portion of the total impact fee attributable to right-of-way acquisition. In addition, inclusion of the off-site road improvement in the "Schedule of Improvements" of the Comprehensive Plan and the City's Five Year Capital Improvement Program shall be necessary for construction credit. Right-of-way credit must be consistent with the Future Traffic Circulation Map. (c) Park improvements. A credit against the park impact fee may be obtained by the dedication of land for public parks and/or the construction of park improvements on land so dedicated in excess of any required recreation or open space areas within that zoning category or required as part of a development order. Each person desiring to utilize such credit shall prepare and submit to the Administrator the following: (1) An appraisal, certified by a qualified property appraiser, as to the value of all and [land] proposed to be dedicated for park use; (2) A survey of the property to be dedicated showing boundaries, dimensions and public access to the park; (3) A sketch plan showing general land conditions, lakes, natural water courses and all proposed improvements to the land; (4) A cost estimate of the proposed improvements certified by a licensed Florida general contractor. The Administrator shall determine whether the proposed land and improvements are acceptable to the city, and if so, the amount of the credit to be allowed against the park impact fee. The Administrator shall notify the applicant in writing of his decision. (d) Recreational improvements. A credit against the park impact fee shall be allowed for recreational improvements constructed as qualified in (c) above that is within and made a part of a residential development. A qualified recreational improvement shall mean only an active recreational facility which is provided as an amenity to the residents of the development. Passive recreational facilities, such as a clubhouse, which are not used primarily for active recreational pursuits do not qualify for this credit. The credit allowed for qualified recreational improvements shall be equal to the value of the land and qualifying improvements thereon up to a maximum of fifty (50) per cent of the amount of the park impact fee for such development. (e) Subdivision. For new developments consisting solely of unimproved lots or parcels, credits for offsite road improvements and park improvements as calculated in subsection (b), (c) and (d) above, shall be computed on a pro rata basis for each lot or parcel within a subdivision and shall be allowed at such time as side lots are developed. 86 Page 94 of 136

95 (f) [Maximum credit.] In no event shall any credit exceed the amount of the impact fee determined to be due under this Chapter. Sec Impact Fee Exemptions. [Formerly Sec ] The following shall be exempt from the payment of impact fees: (a) Alterations to an existing building where no additional units are created, the use is not changed, and where no additional vehicular trips will be produced over and above that produced by the existing use; (b) The construction of accessory buildings or structures or the expansion of an existing building or structure where said expansion is less than five hundred (500) square feet or five (5) per cent of the existing building or structure, whichever is less; (c) The replacement of a building or structure with a new building or structure, provided that no additional trips will be produced over and above those produced by the use of the land on the effective date of this Chapter; (d) Any new development owned by a nonprofit religious organization and used exclusively for bona-fide religious activities. A child care facility or school owned and/or operated by a religious organization is nonexempt. Sec Use of Funds (Impact Fees). [Formerly Sec ] (a) Funds collected from impact fees shall be placed in the following special interest bearing funds: (1) Road fund, for road impact fees; (2) Park fund, for park impact fees; (3) Fire fund, for fire protection impact fees; (4) Police fund, for police protection impact fees; (5) City hall fund, for city hall impact fees; (6) Public works fund, for public works impact fees; (b) Funds collected from the road impact fees shall be used for the purpose of capital improvements to and expansion of the city, county and state roadway network and transportation facilities within the City. Such improvements shall be of the type as are made necessary by the new growth and new development within the City and are intended to add capacity in order to keep the road system at the adopted level of service. No funds shall be used for periodic or routine maintenance, or for improvement of local streets, accessways, driveways or alleys as set forth in the Future Traffic Circulation Map. (c) Funds collected from the park impact fee shall be used for the purpose of land acquisition, capital improvements to and expansion of the park services and facilities within the City. Such improvements are intended to accommodate new growth and new development so that the availability of park and recreation facilities can remain equal on a per unit or per capita basis to that required by the level of service set forth in Capital Improvements Element of the Titusville Comprehensive Plan. No funds shall be used for periodic or routine maintenance. (d) Funds collected from the fire and police impact fees shall be used for the purpose of providing capital land, facilities and equipment for the fire and police departments of the City. Such capital improvements are intended to accommodate the demand for new facilities and equipment generated by new growth and new development so that the level of service set forth in the Capital Improvements Element of the Titusville Comprehensive Plan can be maintained. No funds shall be used for salaries, periodic or routine maintenance or general operating expenditures. 87 Page 95 of 136

96 (e) Funds collected from the Public Works funds shall be used for the purpose of providing capital land, facilities and equipment for the Public Works Department. Such capital improvements are intended to accommodate the demand for new equipment generated by new growth and new development so that the level of service set forth in the Capital Improvements Element of the Titusville Comprehensive Plan can be maintained. No funds shall be used for salaries, periodic or routine maintenance or general operating expenditures. (f) Funds collected from the city hall funds shall be used for the purpose of providing capital land, facilities and equipment for the city hall expansion. Such capital improvements are intended to accommodate the demand for new facilities and equipment generated by new growth and new development. No funds shall be used for salaries, periodic or routine maintenance or general operating expenditures. (g) In cases where jurisdiction overlaps, the City may enter into agreements with Brevard County, the State and the Federal government to ensure that funds expended shall be used as provided herein. Sec Appeals, review, and refunds and miscellaneous provisions. [Formerly Sec ] (a) Appeals. Any person aggrieved by a decision or determination of the Administrator pursuant to this Chapter may appeal such decision to the City Council. A written notice of intent to appeal and request for hearing before City Council shall be filed with the City Clerk with a copy to the Administrator within thirty (30) days of receipt by the appellant of the decision or determination being appealed. The City Council shall consider the appeal at public hearing at the next available regularly scheduled meeting. The decision of the City Council shall be final and conclusive and shall be conveyed to the appellant in writing. (b) Review and reevaluation. (1) The impact fees collected and expended shall be reported annually to the City Council for review. (2) The impact fee structures and methodology shall be reevaluated at least once every five (5) years to ensure that the intent and objectives of this section are being met. (3) The Schedule of Impact Fees shall be reviewed annually as part of the City's budget process to reflect changes in the cost of construction, levels of service and funding (credits). (c) Refunds. Impact fees collected and not expended for the purposes for which collected within ten (10) years from date of payment shall be refunded to the current property owners of record. Expenditure of impact fee revenues shall be on a first-in first-out (FIFO) accounting basis. Expenditure, for the purpose of this provision, shall be deemed to occur at the time of appropriation. Any applicant eligible for said refund, shall apply for same to the Administrator within sixty (60) days of the tenth anniversary of the date of payment. If an application is not made within this time frame, all refund rights are forfeited. Sec Water Tap-on Fee. [Formerly Sec ] Council shall have the right to vary the aforementioned policy charges for water meter deposits (Tap-on Fees) upon unusual circumstances. Sec Reserved 88 Page 96 of 136

97 Article IX Beneficial Use Sec Purpose and intent. [Formerly Sec ] (a) If a landowner in the City has applied for and been denied a development permit and is of the opinion all beneficial use of the landowner's property has been denied by applying the LDRs and the landowner has exhausted all available administrative remedies, the procedures listed in this section shall be used by the landowner prior to seeking relief from the courts in order that any denial of beneficial use of property may be remedied through a non-judicial forum. (b) The beneficial use determination is a process by which the City evaluates the allegation that no beneficial use remains and can provide relief from the regulations by granting additional development potential. Sec Application. [Formerly Sec ] (a) Application: All applications for beneficial use determinations shall be submitted to the City Manager or designee and shall include at a minimum, the following information. (1) A description of the specific portions of the LDRs which allegedly eliminate all beneficial use of the property, together with all appraisals, studies, any other supporting evidence, and any actions taken by the City related to the property. Such supporting evidence may include documentation that the property has been listed for sale for at least six months after the effective date of the ordinance from which this chapter derives and originals or copies of all bids, offers to purchase, and other correspondence regarding the sale of such property. (2) All factual information and knowledge reasonably available to the owner to address the deprivation standards set forth below. (3) Documentation of the purchase date and price of the property. (4) A description of the property's physical features, total acreage, and present use, as well as the use of the property on the effective date of the ordinance from which this chapter derives. (5) A description of the use which the landowner believes represents the property's minimum beneficial use and all documentation, studies, and other evidence supporting that position. (b) Review by Planning Department: Not later than forty-five (45) working days after receipt of a complete application, the Department shall review the application for compliance with the deprivation standards of this section, and sufficiency of the application. Sec Deprivation criteria. [Formerly Sec ] In determining if a landowner has been deprived of beneficial use of property under this chapter, the Local Planning Agency and the Council shall take into account the following factors: (a) Whether the comprehensive plan or land development regulations in effect at the time of the filing of the beneficial use application substantially advances a legitimate government interest; and 89 Page 97 of 136

98 (b) Whether the comprehensive plan or land development regulations in effect at the time of the filing of the beneficial use application denies all reasonable economic use of the property. (c) Relevant parcel. If an applicant owns more than one platted lot, a question may exist as to whether more than one of applicant's platted lots should be considered as one parcel for the beneficial use determination. In determining the relevant parcel, focus should be on "the parcel as a whole" and not on particular segments or portions for the parcel. Three (3) factors shall be considered to determine whether individual platted lots should be combined and considered as one parcel for the purpose of the beneficial use determination: (1) The "physical continuity" of the lots or parcels; and (2) The "unity of ownership" of the lots or parcels (i.e. does the applicant own all of the lots or parcels in question); and (3) The "unity of use" between the lots or parcels, i.e., platted urban lots should generally be considered as separate uses, but can be combined for purposes of a beneficial use determination if the lots are part of a larger parcel. For platted lots, this determination should be based on an analysis of the following factors established by the Florida Supreme Court, which must be applied to the particular facts and circumstances on a case-by-case basis; a. Was it the intent of the landowner to use the lot as a single use? b. What is the adaptability of the property to be used as a single or separate use versus a combined use? c. Whether the lots are dependent on each other for the ability to have a single use? d. Whether unity of the lots is the highest, best use of the parcel? e. What is the current zoning of each tract? f. What is the physical size and appearance of the land and what uses exist on surrounding land (for example what types of structures presently exist on the lot(s) and surrounding parcels)? g. What is the actual use of the land? and h. What is the possibility of the lots being combined in the reasonably near future? (c) Once the relevant parcel is determined, the following factors must be analyzed: (1) The economic impact of the regulation on the applicant; and (2) The extent to which the regulation has interfered with the applicant's investment-backed expectations, including any relevant factors such as: a. The history of the property (i.e. When was it purchased? How much land was purchased? Where was the land located? What was the nature of title? What was the composition of the land and how was it initially used? b. The history of the development of the property (i.e. What was built on the property and by whom? How was it subdivided and to whom and at what price was it sold? What plats were filed? What infrastructure is in place?) c. The history of zoning and regulation (i.e. How and when was the land classified? How was the use proscribed? What changes in classifications occurred?); d. How development changed when title was passed? e. What is the present nature and extent of the property? 90 Page 98 of 136

99 f. What were the reasonable expectations of the landowner under state common law? g. What were the reasonable expectations of the neighboring landowners under state common law? h. What was the diminution in the investment-backed expectations of the landowner, if any, after passage of the regulation? and i. What was the appraised fair market value immediately before and immediately after the effective date of the regulation? Sec Granting of relief. [Formerly Sec ] (a) Local planning agency review. A public hearing shall be held by the local planning agency on the application for a beneficial use determination. Within forty-five (45) days after the public hearing, the local planning agency shall forward its recommendations to the City Council. A copy of the recommendations shall also be mailed to the applicant. Said findings of recommendation shall be advisory in nature. (b) City council review. Within sixty (60) days of the date of the local planning agency has forwarded its findings of recommendations, the City Council shall hold a public hearing on the application for a beneficial use determination. The public hearing shall be noticed pursuant to Chapter 166 Florida Statutes. Within forty-five (45) days after the public hearing on the application for the beneficial use determination, the City Council shall vote on the request and shall file its written findings and order of determination regarding the beneficial use determination with the City Clerk. A copy will be forwarded to the planning and zoning administrator and the applicant. (g) Application deadline. A person or legal entity landowner shall have one year after the effective date of the comprehensive plan amendment or land development regulation amendment that effects a person's or legal entity's vested right to commence or complete a proposed development the landowner believes has deprived him/her of all beneficial use of the property to file an application for beneficial use. Failure to make such application shall be "interpreted" as waiver of a beneficial use claim. Although the one year time period may, in the opinion of the aggrieved person or legal entity landowner, have passed, any person or entity landowner who believes that its beneficial use may be abrogated by any provision in the comprehensive plan or by a land development regulation must, prior to seeking judicial relief, first, file a complete application for a beneficial use so that a determination can be made whether the one year application deadline has actually passed and whether other provisions of the comprehensive development plan or land development regulations may preserve the applicant's vested rights use of the property. (c) Forms of Relief. In order to avoid an unconstitutional result and to provide a landowner with an economically viable use of property pursuant to this section, the local planning agency may recommend and the Council may allow for additional uses, density, or relief beyond that allowed by a literal application of the land development regulations or comprehensive plan on the particular property, including: (1) Redesignation of the property on the future land use map; (2) Permits for development despite the literal application of the land development regulations and comprehensive plan, although permits issued pursuant to this section shall be subject to applicable construction deadlines and expiration dates; (3) Transfer of development rights (TDRs); (4) Repeal or amendment of the land development regulations or comprehensive plan policy affecting the property owner; 91 Page 99 of 136

100 (5) Any other economically beneficial use of the property or relief Council determines appropriate and adequate under this section. (6) Any combination of subsections (c) (1)-(5) of this section. (d) Minimum Increase: In granting relief, the landowner may be given the minimum increase in use intensity or other possible concessions from this chapter to permit a beneficial use of the land. The highest use is not required or intended as the appropriate remedy, but shall be limited to the minimum economic use of the property necessary to avoid a taking within a reasonable period of time as established by applicable law. Sec Final determination by council. [Formerly Sec ] In approving, denying or modifying recommendation from the local planning agency, granting or denying an applicant beneficial use, the Council will ensure that evidentiary hearing was conducted in a manner that is consistent with this article and the comprehensive plan. The Council will approve or reject the recommendation from the local planning agency during a public hearing. The public shall be given the opportunity to be heard and make arguments for or against the determination during the Council's public hearing. Judicial review. Any person or legal entity aggrieved by a determination of the City Council to deny, grant or grant with conditions a vested rights special permit may seek judicial review by filing a petition for writ of certiorari in the circuit court seeking review. Said petition must be filed within thirty (30) days after the date of rendition of the final order of the City Council and pursuant to the requirements of the Florida Rules of Appellate Procedure. Sec Sec Reserved Article X Doggy Dining Sec Dog-friendly dining. [Formerly Sec ] (a) Purpose and Intent. The purpose and intent of this section is to implement a pilot program established by , Florida Statutes, by permitting public food service establishments in the City of Titusville, subject to the terms of this ordinance [section], to become exempt from certain portions of the Food and Drug Administration Food Code, as adopted by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments. (b) [Exemption created.] Pursuant to Section (2), Florida Statutes, there is hereby created in the City of Titusville, Florida, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. (c) Definitions. For use in application of this section, the following definitions shall apply: 92 Page 100 of 136

101 (1) Public food service establishment means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption as defined in Section , Florida Statutes. (2) Dog means an animal of the subspecies Canis lupus familiaris. (3) Patron means "guest" as set forth in Section , Florida Statutes. (4) Outdoor area means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above. (5) Division means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. (d) Permit Required; Submittals: (1) In order to allow patrons' dogs on their premises, a public food service establishment shall secure a valid permit issued in accordance with this subsection. The City Manager or his designee is authorized to issue permits consistent with this section. (2) Applications for a permit under this subsection shall be made to the City Manager or his designee, on a form provided for such purpose, and shall include, along with any other such information deemed reasonably necessary by the City Manager or his designee, in order to implement and enforce the provisions of this subsection, the information required by Section (4)(b) Florida Statutes 2006, including but not limited to: i. The name, location, and mailing address of the public food service establishment; ii. The name, mailing address, and telephone contact information of the permit applicant; iii. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the City Manager or his designee. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional; and iv. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. v. All application materials shall contain the appropriate State of Florida, Division of Hotels and Restaurants (the "Division") issued license number for the subject public food service establishment. vi. The contents and proposed location of a kit for the cleaning and sanitizing of any dog waste accidents. vii. The proposed location of all signs required by subsection (e)(1), below. (3) The City Council may adopt by resolution or ordinance reasonable fees necessary to: i. Recoup the costs of processing the initial application, permitting, and inspections; and ii. (e) General Regulations: Provide for an annual renewal, and enforcement. 93 Page 101 of 136

102 (1) In order to protect the health, safety, and general welfare of the public, and pursuant to Section , Florida Statutes, all permits issued pursuant to this subsection are subject to the requirements contained within Section (4)(c) Florida Statutes and including, but not limited to: i. All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment. ii. Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. iii. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. iv. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. v. Dogs shall not be allowed on chairs, tables, or other furnishings. vi. All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons. vii. Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. The contents of the kit shall be identified at the time of application and approved by the City Manager or his designee. viii. At least one (1) sign reminding employees of the applicable rules including those contained in this subsection, and those additional rules and regulations, if any, included as further conditions of the permit by the City Manager or his designee, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one-half inches in width and eleven inches in height (8½" 11") and printed in easily legible typeface of not less than twenty (20) point font size. ix. At least one (1) sign reminding patrons of the applicable rules including those contained in this subsection, and those additional rules and regulations, if any, included as further conditions of the permit by the City Manager or his designee, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half inches in width and eleven inches in height (8½" 11") and printed in easily legible typeface of not less than twenty (20) point font size. The number and location of the sign(s) shall be determined by the City Manager or his designee. x. At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, a sign shall be posted in a conspicuous and public location near all entrances to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than twelve inches in width and fifteen inches in height (12" 15") and printed in easily legible typeface of not less than twenty (20) point font size. The notice shall state in like or similar language 94 Page 102 of 136

103 "Dogs are permitted in outdoor seating areas". In addition, table place cards shall be required on or at all seating areas indicating in like or similar language "Dogs are permitted in this seating area". xi. Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor area of the food establishment. (2) A permit issued pursuant to this subsection shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this subsection if such owner wishes to continue to accommodate patron's dogs. (3) Permits shall expire on June 30 of each year, with any required annual renewal fee being due and payable on or before September 30 of the prior year, concurrent with payment of a business tax receipt. (4) Procedure for processing complaints: In accordance with Section (6), Florida Statutes, the City Manager or his designee shall accept, document, and respond to complaints, and timely report to the Division all such complaints and the City's enforcement responses to such complaints. The City Manager or his designee shall also timely provide the Division with a copy of all approved applications and permits issued pursuant to this subsection. (5) Any public food service establishment that fails to comply with the requirements of this subsection shall be guilty of violating this subsection of the City of Titusville Land Development Regulations and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the City of Titusville Land Development Regulations and general law. (6) Sunsetting of this article. This article shall sunset and be of no further force or effect at such time as the pilot program for dog-friendly dining may expire pursuant to Section , Florida Statutes. Any permit issued pursuant to this article shall expire at such time, unless the permit has sooner expired or been revoked. AREA IMPACT PLAN [The staff is proposing to remove the Area Impact Plan from the code. This is currently a requirement for any and all developments in the Shoreline Mixed Use zoning district. The staff believes the AIP is redundant and does not serve a design or environmental protection purpose.] Sec General provisions. (i) Area Impact Plan required. See Section 27-11, Definitions. (1) All development applications pertaining to new construction of permitted uses and conditional uses or an expansion of existing uses shall submit an Area Impact Plan (AIP) to the Administrator. Such plan shall be submitted prior to obtaining site plan, conditional use or any other action requiring approval through the land development regulations. 95 Page 103 of 136

104 (2) Purpose of the Area Impact Plan. The Area Impact Plan shall be utilized as a tool within the SMU to achieve the following: a. To promote the public health, safety, morals, comfort and general welfare of the citizens of the City; b. To balance carefully the natural environment with man-made systems which preserve, protect and conserve the natural environment; c. Sustain the comfort, health, tranquility and contentment of residents and attract new residents by reason of a desirable urban environment; d. To minimize incompatible surrendering and visual blight which prevent orderly community development and reduce community property values; e. To encourage and promote development which features amenities and excellence in the form of variations of siting, types of structures and adaptation to and conservation of native vegetation and other environmental design features; f. Foster civic pride and community spirit by maximizing the positive impact of developments; g. To inspire creative approaches to the uses of land and related physical developments; h. Encourage the realization and conservation of desirable and aesthetic urban environment through simple and cost-effective design elements; i. To foster the development of a positive visual character for the City by promoting a high degree of compatibility between land uses. (3) Application and administration. Prior to undertaking any development actions the petitioner shall file the Area Impact Plan with the Administrator. The Administrator shall have fifteen (15) days to review the plan and upon completion of this review period, schedule the AIP for review before the Planning and Zoning Commission. a. The Administrator shall file a report to the Planning and Zoning Commissions. After review and due consideration of the area impact plan and staff report, the Planning and Zoning Commission shall submit a report with findings to City Council. Such findings should include: 1. The visual character of a development site including the interrelationship of its component parts. 2. The relationship to the surrounding development and structures with their exterior visual characteristics. 3. The effect of the proposed development upon the general nature of urban design within the City. 4. The appropriateness of those elements of site design that can be seen from any public street or way. 5. The specific recommendation of the Planning and Zoning Commission as to appropriateness of the development or building in terms of compatibility, harmony, and intensity. b. The Area Impact Plan, staff report, and Planning and Zoning Commission Report shall be forwarded to the City Council as a consent agenda item at the next regularly scheduled meeting. City Council approval or approval with advice and consent constitutes concept plan approval. c. The applicant may proceed and file an application for site plan or conditional use approval. 96 Page 104 of 136

105 (4) Scope of Area Impact Plan. a. A request to expand any existing use or develop a permitted use or conditional use shall require the submittal of an Area Impact Plan that addresses impacts and land use associations within a radius of one-eight (1/8) of a mile (660 feet) of the requested site. (5) Area Impact Plan required exhibits. a. A vicinity map depicting the surrounding land use designations and zoning within the impact area. b. A drawing depicting the subject site and its interrelationship with adjoining properties. c. An architectural elevations drawing with a statement addressing the compatibility, harmony and intensity of the site and adjoining properties. This item may be combined with item #b above. Buffering as needed between land uses shall also be delineated. d. A statement concerning the design, concept arrangement, texture, materials and colors proposed for the site. e. A statement regarding how the development will function internally and within the impact area including accessibility to community facilities and service areas. f. A statement or graphic that explains provisions to be made for review protection. g. Identify by statement or graphic the affects the development may have on urban life styles within the impact area. h. Indicate proposed phasing or stages if applicable. i. Identify any necessary off-site improvements as a result of the project and impacts within the study area. j. During the review, the Administrator may request any additional information necessary to evaluate the impact based upon the exhibits cited above. 97 Page 105 of 136

106 Development Review Procedures Manual (DRPM) City of Titusville Page 106 of 136