Titusville panel denies request to remove Wendover Farms concept plan over access concerns

The Titusville Planning and Zoning Commission on March 19 voted 4–1 to deny a request to remove a binding concept plan and related conditions from property identified as Wendover Farms on Cheney Highway, citing unresolved access and traffic concerns for adjacent neighborhoods.

City staff told the commission the applicant sought to remove a previously adopted concept plan and its conditions so the parcel could develop under standard regional commercial (RC) zoning. Staff said many of the conditions (including a development agreement, habitat-management references and a requirement to submit traffic studies to Brevard County and the Florida Department of Transportation) are redundant with state or federal regulations or otherwise unnecessary. "Removal of the binding concept plan and conditions will permit the applicant to develop under the standard RC zoning," a city staff presenter said during the meeting.

Commissioners and members of the public focused discussion on whether the subject property has lawful, practical access to State Road 50 (Cheney Highway) and whether the recorded access easement to the north would satisfy the RC districtlocational and access criteria. Randall Wilhite, president of the Windover Farms Community Association, told the panel the association supported development in principle but asked the commission to reject staffrecommendations to remove the binding plan. "We specifically object to the comments of the planning staff concerning use of Wind Over Way as a connector road to the primary arterial access road of State Route 50," Wilhite said, citing the comprehensive-plan policies and the development-review procedures manual referenced in his written comments.

Multiple commissioners said the site geometry, an interstate exit ramp adjacent to the property and 17 years of unresolved questions about FDOT access make the parcel difficult to develop to the intensity intended by RC zoning without a clear plan or road improvements. Member Faison moved to deny the rezoning request; the motion carried on a roll-call vote with Member Faison, Vice Chairman Childs, Member Scully and Member Garrod voting yes and Secretary Grant voting no. Commissioners discussed that denying the request would leave the existing binding plan and its conditions in place absent a future amendment.

Applicant representative Mindy Mason said the applicant agreed with the staff report but could not immediately answer detailed questions about how the owner would resolve access or traffic issues if the concept plan were removed. Several commissioners urged that, if the property owner intends to pursue development, aggregation of adjacent parcels or a new binding plan (or a lower-intensity zoning request) would be a more transparent path that could address access, road upgrades and FDOT review.

The commission noted that the P&Z decision will be forwarded to City Council; staff said the item was scheduled for first reading at city council the week following the March 19 meeting and that the citywide public hearing on the rezoning is set for April 8.

Votes at a glance

- Rezoning 12025, "Wendover Farms, Cheney Highway": Motion to deny rezoning carried 4—28ndash;1 (Yes: Member Faison, Vice Chairman Childs, Member Scully, Member Garrod; No: Secretary Grant). The commission's approval of the motion to deny preserves the existing binding concept plan and conditions for the subject property; the item will go forward to City Council for its consideration.

- Verona Village final plat (agenda item 9A): Commission voted to table the final plat until the next meeting (next meeting: April 2). The motion to table was approved by the members present and will return to the commission at the April 2 meeting.

Background and key details

- What was requested: The applicant sought removal of a binding concept plan and associated conditions that were adopted with earlier ordinances that applied RC zoning to the southern parcel. Staff said the prior concept plan had required a development agreement, screening and buffering, wetland/wildlife compliance, a habitat management plan (if required by state or federal law), a St. Johns Water Management District mitigation permit and traffic-study submittals to Brevard County and FDOT.

- Staff analysis: Because the applicant did not submit a new concept plan, staff evaluated the rezoning request based on the most intense uses allowed under the RC district. Staff also noted some prior conditions track requirements already enforced by state or federal agencies.

- Community concerns: Neighbors and the Windover Farms Community Association raised traffic, safety and right-of-way concerns, emphasizing that Windover Way is classified as a local street and that reliance on a recorded access easement through an adjoining parcel to reach State Road 50 leaves unresolved questions about FDOT approval and the adequacy of nearby local streets.

What happens next

The commission's denial does not itself change the underlying zoning; instead, the denial of the request to remove the concept plan and conditions preserves the status quo and sends the matter to City Council for consideration. City staff noted public hearing dates for Council action are set for the coming weeks, including a public hearing on April 8.