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Real Estate
Andrew David Easler, Esq. Published October 28, 2026

Titusville SSA No. 4-2026: Planning and Zoning Commission Hearing on 2305 Cheney Highway Commercial Rezoning on November 4


The Titusville Planning and Zoning Commission will hold a public hearing on Small Scale Amendment (SSA) No. 4-2026 on Wednesday, November 4, 2026, at 6:00 p.m. The request covers vacant land at 2305 Cheney Highway. It would change part of the property from residential to commercial future land use and rezone that same area to Community Commercial (CC). The commission will make a recommendation to the City Council, which will hold its own public hearing. City staff recommends approval. The item is 9.B under New Business on the commission's agenda.

The Request for 2305 Cheney Highway

Robert Telfer, Jr. filed the request on behalf of Highway 50 Beneficiaries, LLC, the owner. The agenda lists these changes.

  • A Future Land Use Map change from High Density Residential to Commercial High Intensity on about 6.19 acres, Brevard County Parcel ID No. 22-35-28-00-254.

  • A Future Land Use Map change from Low Density Residential to Commercial High Intensity on about 0.6 acres, Brevard County Parcel ID No. 22-35-28-00-252.1.

  • A rezoning of the 6.19 acres from Multifamily High Density Residential (R-3) to CC.

  • A rezoning of the 0.6 acres from Single-Family Medium Density (R-1B) to CC.

The agenda calls the land use change a legislative item and the rezoning a quasi-judicial item.

Why the Owner Asks for the Change

The staff report says the property is made up of four parcels or lots with three different zoning districts and land use designations. More than half is already zoned CC and designated Commercial High Intensity. The residential designations on the rest do not permit commercial uses. The report states that approval would eliminate the existing fragmented land use and zoning and enhance the marketability of the property.

The application says the owner wants all of its property zoned CC to make it consistent and more easily marketed. It lists the current and proposed use as "vacant until sold."

The Site and Its Limits

The property is on Cheney Highway between Worth Avenue and Zoltan Drive, generally southwest of the Publix Super Market shopping center at 2000 Cheney Highway. The whole property is about 14.2 acres. It is vacant and has more than 850 feet of frontage on Cheney Highway, which the report calls an arterial road.

A 50-foot-wide drainage ditch right-of-way runs along the west and south sides of the property. The report says it separates the site from most of the single-family homes to the south. Staff states that the residential parts of the property need access to Cheney Highway through the part already zoned CC.

About 4.55 acres, or 32 percent of the property, are wetlands. They were identified in a 2022 environmental assessment. Impacts to them require state or federal permits. Part of the property, mostly the wetland area, is in Special Flood Hazard Area Zone A. The property is also in the city's Area of Critical Concern, which limits impervious coverage to 40 percent of the site.

Staff Review and Recommendation

No concept plan was submitted. Staff reviewed the maximum buildout instead. At the Commercial High Intensity maximum floor area ratio of 1.0, the 14.2 acres could hold up to 618,552 square feet of floor area. The report notes that this figure does not account for site limits.

Under the city's urban sprawl criteria in Section 34-23, staff did not find that the amendment would encourage sprawl. The report says the current land use and zoning would permit about 93 multifamily units and 3 single-family units. Wetlands, flood areas, and access limits reduce that potential. The change would not increase the residential population. The site is in the city's urban service area, and the report says no added public funds would be needed for new infrastructure.

Water, sewer, and reclaimed water lines run along Cheney Highway. The report says the abutting segment of Cheney Highway has a maximum capacity of 38,430 average daily trips. Staff does not expect the segment to fall below its adopted level of service at maximum buildout. A traffic study will be required with a site plan.

In its rezoning review under Section 34-40, staff found CC consistent with the proposed Commercial High Intensity land use. Uses the CC district permits include grocery stores, auto repair shops, childcare facilities, vocational schools, indoor recreational and commercial amusement uses, and animal kennels. Staff states that more commercial uses in this area are not likely to cause a depreciation of property values.

The staff report was prepared by Christie Anderson, AICP, Senior Planner. It recommends approval of both the land use change and the rezoning. The report cites the city code, the Comprehensive Plan, and Chapters 163 and 166, Florida Statutes, as its basis.

City Council Dates and the Effective Date

The agenda states that the City Council will hold a public hearing on this item on December 8, 2026. The staff report lists a City Council first ordinance reading on November 24, 2026, and the public hearing on December 8, 2026.

The draft land use ordinance states that it takes effect 31 days after adoption under Section 163.3187(5)(c), Florida Statutes. That section says a small scale development amendment may not become effective until 31 days after adoption. If it is challenged within 30 days after adoption, it may not take effect until a final order finds it in compliance. The draft rezoning ordinance takes effect at the same time as SSA No. 4-2026.

How to Take Part on November 4

The agenda states that the meeting follows the procedures adopted in Resolution No. 24-1997. Anyone who plans to speak on a public hearing item must fill out an Oath Card and sign the oath on it. The cards are on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary.

Those in favor of a request speak first, those opposed speak second, and those with a public comment speak third. The applicant may give a brief rebuttal. A representative from either side may cross-examine a witness. Anyone who speaks is considered a witness. Exhibits go to the Recording Secretary, and the city keeps them.

The application form asks interested parties to limit contact with the commission and the City Council on this topic to properly noticed public hearings or written communication to the City Clerk's Office.

The agenda states that anyone who appeals a commission decision will need a record of the proceedings and may need to make sure a verbatim record is made. Section 286.0105, Florida Statutes, requires this advice in meeting notices. Under Section 286.26, Florida Statutes, a physically handicapped person who wants to attend should send a written request to the chairperson at least 48 hours before the meeting.

Those who wish to speak on SSA No. 4-2026 must fill out an Oath Card to be heard at the meeting on Wednesday, November 4, 2026, at 6:00 p.m., Council Chamber at City Hall, 555 South Washington Avenue, Titusville.

This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. A licensed attorney in the relevant jurisdiction should be consulted for advice tailored to specific circumstances.

References

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