Titusville Ordinance 43-2026: City Council Second Reading on Open Space Standards on October 27

The Titusville City Council will hold the second reading and public hearing on Ordinance No. 43-2026 on Tuesday, October 27, 2026. The meeting starts at 6:30 p.m. in the Council Chamber at City Hall. The ordinance would amend the city's Land Development Regulations to add new definitions of open space and new open space standards. It is item 9.C on the agenda. On October 7, 2026, the Planning and Zoning Commission voted 3 to 2 to recommend approval with changes.

What Ordinance No. 43-2026 Would Change

The ordinance amends Chapters 30 and 33 of the City Code. The staff report describes it as a text amendment that includes new definitions of open space and regulatory standards. The staff presentation states that open space is not well defined in the current code and that Council asked staff to clarify it.

Section 30-161 would be retitled "Intent and Purpose." A new intent statement says that certain residential, commercial, industrial and mixed-use development shall be accessible to or provide open spaces. The listed purposes include focal points for new communities, civic spaces along commercial corridors, and the preservation of woodland and wetland areas.

Section 30-163 would set standards for all open space. Open space would be common areas for landowners, residents, or the public. It could not be sold separately, subdivided, or developed. Each development type would need at least one active and one passive open space category. The applicant would choose among the categories in a new Section 30-165. Its Table 30-3 lists these categories.

• Natural areas, which are preservation areas that may allow hiking, nature study, and picnicking.

• Playgrounds, from 5,000 to 20,000 square feet.

• Plazas, with a minimum size of 6,000 square feet.

• Courtyards, from 2,000 to 30,000 square feet, credited only for nonresidential use patterns.

• Forecourts, credited only for nonresidential use patterns.

• Greens, which are small urban open spaces with trees at the edges and open lawns at the center.

• Parks, with a minimum size of 1 acre.

• Parkways and greenways.

• Community gardens.

The draft also limits what counts. Not more than 50 percent of a natural water body and stormwater system could qualify as open space. At least 50 percent of the active and usable area would have to be above the elevation of the 25-year/24-hour storm event. Buffers that meet the Table 30-3 standards would be credited.

The draft excludes areas covered by buildings other than clubhouses, parking lots, and other paved areas open to cars. Utility easements, streets, and land under overhead utility transmission lines are also excluded, with limited exceptions for trails and parking.

Table 30-2 lists the minimum open space for each development type. Cluster and Conservation Subdivisions require 50 percent. Planned Development requires 35 percent, Planned Office Park 30 percent, and Urban Village 25 percent. Planned Industrial Development and Regional Mixed-Use require 20 percent. Manufactured housing requires 15 percent. The staff presentation states that there are no changes to existing minimum standards and that the minimums move from Chapter 33 to Chapter 30.

The Legal Framework for the Ordinance

The ordinance states that Titusville is a municipal corporation under Chapter 63-2001, Laws of Florida, Article VII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes.

Section 166.041, Florida Statutes, sets the steps for adopting a city ordinance. A proposed ordinance may be read on at least 2 separate days. It must be noticed in a newspaper at least 10 days before adoption. The notice must advise that interested parties may appear and be heard.

The same statute requires a business impact estimate before a city enacts most ordinances. The estimate must be posted on the city's website by the date the notice is published. It must include a summary, an estimate of the direct economic impact on private, for-profit businesses, and a good faith estimate of the number of businesses likely to be affected. The city's estimate for this ordinance does not check any of the listed exemptions.

What the Ordinance Means for Developers, Landowners, and Residents

The staff report states that the standards would apply to new or redeveloped residential and commercial sites. It states that the draft includes Council's request about excluding buffers and stormwater ponds from open space. Staff also recommend that, in certain cases, amenities next to the public right-of-way be counted, such as a plaza next to a sidewalk in a commercial or mixed-use development.

Under the draft, any area reserved as open space would be shown on the application for development approval. An open space provision and maintenance plan would be submitted with the application. It would include the project phasing schedule. The developer would choose a method of managing the open space.

The business impact estimate states that the ordinance regulates the timing and phasing of open space with new development. It states that new development may incur an additional cost to comply with the revised standards when new entitlements are requested. It states that it is not possible to accurately estimate the number of developers that may be affected. It also states that the ordinance applies to all entities that wish to build residential development using one of the development types.

The draft includes a grandfather provision. It refers to development that has received final site plan approval which remains valid consistent with all Code requirements.

The Planning and Zoning Recommendation and the October 27 Hearing

The Planning and Zoning Commission, which also serves as the Local Planning Agency, held its public hearing on October 7, 2026. It voted 3 to 2 to recommend approval with two changes. The first is to correct scrivener's errors from "foot" to "feet." The second is an added open space bonus. Under it, more of a stormwater pond, up to either 75 percent or 100 percent, could be credited if added or enhanced amenities are provided. Member Rice voted no, stating a negative impact on small business development. Member Graham voted no and asked that several concerns raised in discussion be addressed. The draft ordinance in the October 27 agenda packet does not show those changes.

The October 13, 2026 Council agenda listed the first reading as item 10.D. The staff report lists three options for Council. They are to adopt the ordinance as written, adopt it with changes, or not adopt it. The ordinance states that it takes effect upon adoption by the City Council under the City Charter.

The city's published notice states that the proposed ordinance may be inspected in the City Clerk's Office during normal business hours, Monday through Friday, excluding holidays. The agenda states that anyone who decides to appeal a Council decision may need a verbatim record of the proceedings. Physically handicapped persons are asked to submit a written request to the chairperson at least 48 hours before the meeting.

The notice states that all interested parties may appear at the meeting and be heard on the proposed ordinance. The hearing is Tuesday, October 27 at 6:30 p.m. in the Council Chamber on the second floor of City Hall, 555 S. Washington Avenue, Titusville.