CITY COUNCIL AGENDA ITEM
Memo Date: December 2, 2024.
Agenda Date: December 10, 2024.
Prepared By: Patrick Murray, Planning Consultant
Through: Stockton Whitten, City Manager
Requested Action:
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Consideration on first reading for approval Ordinance 13-2024 a Land Development Code Text Amendment Appendix A, Article XI, Section 12 of the Code of Ordinances of the City of Cocoa to add major recreational equipment sales and rentals, and limited types of commercial vehicles and heavy equipment sales and rentals, to the list of permitted uses of subsection (A)(12) in the C-G, Commercial-General, zoning district.
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BACKGROUND:
The applicant, Mr. Thomas R. Sullivan, is requesting a zoning text amendment to Land Development Code Appendix A, Article XI, Section 12 of the Code of Ordinances of the City of Cocoa to add major recreational equipment sales and rentals, limited types of commercial vehicles sales and rentals, and limited heavy equipment sales and rentals to the list of permitted uses of subsection (A)(12) in the C-G, Commercial-General, zoning district. The proposed changes include site-design standards related to the storage of trailers and other Major Recreational Equipment.
The applicant held a pre-application meeting with the City to determine if their proposed use would be allowed on a specific property in the C-G District. Generally, the applicant’s use is to provide a point of sale and maintenance facility for utility trailers, enclosed trailers, and similar pull-behind tow-trailers. Based on the description of the business, it was determined by City staff that an update to the City’s Code would be required in order for the business to operate in the C-G zoning district as proposed. While new and used automotive vehicles, agricultural equipment, and mobile home sales and/or rentals are permitted in the General Commercial District, the sale and rental of Major Recreational equipment, specific commercial vehicles, and specific Heavy Equipment, which is a specifically defined term, is not currently permitted or included in the C-G zoning district.
The existing definition for Major Recreational Equipment and Commercial Vehicle and Heavy Equipment in the Land Development Code is as follows:
MAJOR RECREATIONAL EQUIPMENT. Boats (excluding kayaks and canoes) and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, golf carts, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not (refer to article XIII, section 14).
COMMERCIAL VEHICLES AND HEAVY EQUIPMENT. Commercial, industrial or agricultural vehicles, equipment or machinery, whether or not the vehicle, equipment or machinery is licensed or otherwise authorized to travel upon the roads of the state, specifically including, but not limited to: semi-trailers; tractors for semi-trailers; trucks; step-vans; box trucks; construction equipment; cement mixers; compressors; forklifts; buses; tow trucks; dump trucks; trucks with roll-back beds; trailers; any other similar vehicles, equipment and machinery classified as commercial by the manufacturer; and pickup trucks, passenger vans, and cargo vans used for commercial purposes.
The proposed ordinance still prohibits most types of commercial vehicle and heavy equipment sales, which is permitted in the M-2 zoning district. However, it would allow for the sale and rental of enclosed and unenclosed utility trailers only.
Please note that Section (12)(a)(11) currently allows “New and used automotive vehicles and agricultural equipment and mobile home sales and/or rentals with accessory uses subject to design standards provided in appendix A, article XIII, section 28 <https://library.municode.com/fl/cocoa/codes/code_of_ordinances?nodeId=PTIICO_APXAZO_ARTXIIISUDIRE_S28SARENEUSAUVEAGEQMAREEQMIREVEMOHOACUS> of the City Code.” Given that the C-G doesn’t currently consider Major Recreational Equipment or Commercial Vehicles and Heavy Equipment sales and rentals, a concern of staff was proper screening and buffering throughout the entire C-G district. As a result, the proposed use is being placed beneath existing use Section 12(A)(11), as (12), with the existing uses (12) to (17) to be shifted one number, as unique design standards that are above and beyond Appendix A, Article XIII, Section 28, are proposed, as seen below.
Request:
The applicant has requested an amendment to the Land Development Code to include Major Recreational Equipment, Commercial Vehicles and Heavy Equipment to the list of permitted uses of subsection (A)(11) in the C-G zoning district.
Although the request is to amend subsection (A)(11) in the C-G zoning district, staff believes that Major Recreational Equipment, and specifically Commercial Vehicles and Heavy Equipment, warrants its own subsection with conditions. This is due to the unique character of the definition and the need for correlating conditions to protect the health, safety, and welfare of the community.
I. Staff Analysis
Pursuant to Appendix A, Zoning, Article XXI, Amendment, Section 1(G)(2), the planning board shall consider and study:
a. The need and justification for the change.
The proposed request outlines specific guidelines for the sale and maintenance of large recreational equipment, as well as the associated primary uses and structures in the C-G zoning district related to travel trailers. This request also includes limited types of commercial vehicles and heavy equipment sales and rentals to be included in the C-G zoning district. An amendment to the code is warranted and would enable these uses without requiring a special exception.
Staff Finding: Amending the land development code to include Major Recreational Equipment sales and rentals along with Commercial Vehicles and Heavy Equipment sales and rentals in the C-G zoning district promotes the ability to provide commercial services with similar uses in designated areas. Further, standards for storage of trailers related to site design and landscaping, provide a sense of aesthetics in areas that are intended along transportation corridors and in public view.
b. The relationship of the proposed amendment to the purposes and objectives of the comprehensive planning program and to the comprehensive plan, with appropriate consideration as to whether the proposed change will further the purposes of this zoning code and other codes, regulations, and actions designed to implement the comprehensive plan.
The proposed amendment is consistent with the City’s comprehensive plan and the properties underlying future land use category. Due to the geographic location and proximity to transportation corridors and public view, the proposed change is appropriate to the C-G category. Additionally, surrounding properties with C-G categorization include uses with automotive vehicles and agricultural equipment sales, storage garage, and automobile laundry or quick wash services.
Staff Finding: The proposed Zoning Text Amendment to include major recreational equipment and limited commercial equipment and heavy equipment in the Commercial General development category aligns with the City’s Comprehensive Plan. The Comprehensive Plan designates the Commercial future land use category to support various retail, personal, and professional uses with direct access from a four-lane collector or two-lane arterial. Since the zoning district will not change, there will be no conflict with the comprehensive plan.
The proposed Zoning Text Amendment is consistent with key goals, objective, and policies in the City of Cocoa’s Comprehensive plan.
Expanding the allowed uses in the C-G zoning district will help facilitate Comprehensive Plan Objective 1.1.4: Redevelopment. This objective encourages the redevelopment of areas where vacant, dilapidated, or substandard properties currently exist. Allowing Major Recreational Equipment and limiting Commercial Vehicles and Heavy Equipment in the C-G zoning district will allow new commercial uses in areas where redevelopment is desirable.
Implementing design standards for the proposed uses in the C-G zoning district is consistent with the Comprehensive Plan Policy 1.2.1.7. The newly added design standards will emphasize aesthetics and human comfort while promoting a sense of place, especially at the street level.
Further, Comprehensive Plan Objective 12.1.4 aims to protect water quality. To prevent unintended oil or chemical spills associated with other motorized vehicles, the maintenance allowed on Major Recreational Equipment and the limited Commercial Vehicles and Heavy Equipment in the C-G zone will be limited to indoors.
Following review of the proposed application and supporting material, staff recommends the proposed text to add Major Recreational Equipment to the City’s Land Development Code Appendix A, Article XI, Section 12 subsection (A) (12) and subject to the following conditions.
The proposed provisions outlined below pertain to specific sections of the Land Development Code related to Major Recreational Equipment, limited Commercial Vehicles and Heavy Equipment. These provisions have been adapted for consideration within the C-G zoning district:
12) New and used major recreational equipment sales and/or rentals with accessory uses and certain new and used commercial vehicles and heavy equipment sales and/or rentals with accessory uses, which shall be limited to the sale and rental of enclosed and unenclosed utility trailers, subject to design standards provided in appendix A, article XIII, section 28 of the City Code and the following additional conditions, which shall take precedence in the event of a conflict with section 28:
a. Parking of major recreational equipment and unenclosed utility trailers forward of the front building line of the principal structure shall be limited to one (1) vehicle for each 30 lineal feet of street frontage. Unenclosed utility trailers parked forward of the front building line of the principal structure shall not exceed sixteen (16) feet in length. Such parking spaces shall be shown and identified on the scaled drawing depicting display and/or sales areas that shall be filed with the Community Services Director or the Planning and Zoning Division in accordance with appendix A, article XIII, section 28. If major recreational equipment and unenclosed utility trailers are parked forward of the front building line of the principal structure, ornamental fencing set-back a minimum of five (5) feet from the public right-of-way boundary line and a landscaping strip shall be provided as described in appendix A, article XIII, section 28.
b. Parking of enclosed utility trailers shall be prohibited forward of the front building line of the principal structure.
c. Outdoor storage areas located behind the front building line shall be screened from view on all sides visible from rights-of-way and adjoining property by either a solid wall or opaque fence at least six (6) feet in height or an on-site building. Fencing located in a side or rear yard behind the front building line may include as an alternative to the requirements of Appendix A, Article XIII, Section 5, black vinyl coated chain link fabric, provided the yard does not abut a residentially zoned district, or is a double frontage yard, as defined by the code. Where a side or rear yard abuts a residentially zoned district, the business or use shall conform with the requirements of Appendix A, Article XIII, Section 5(F).
d. Major recreational equipment and utility trailers shall not be elevated or located on nonmoving single automotive vehicle display structures.
e. Outdoor storage of major recreational equipment exceeding thirteen and one-half (13½) feet in height shall not be permitted.
f. Major recreational equipment permitted under this section shall not be used as living quarters.
PRIORITY AREA CONNECTION:
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BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
Planning & Zoning Board recommended approval - October 2, 2024
RECOMMENDED MOTION:
Recommendation
Pass on this FIRST READING Ordinance 13-2024 a Land Development Code Amendment to Appendix A, Article XI, Section 12 of the Zoning Ordinance of the City of Cocoa to add major recreational equipment sales and rentals and limited commercial vehicles and heavy equipment sales and rentals to the list of permitted uses in the C-G zoning district and to provide design standards for major recreational equipment sales and/or rentals in the C-G zoning district.