BOARD OF ADJUSTMENT AGENDA ITEM
Memo Date: October 31, 2023
Agenda Date: January 17, 2023
Prepared By: Lucilene Ribeiro, Planner
Through: Stockton Whitten - City Manager
Requested Action:
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A waiver request of the City of Cocoa Code to waive the requirement to provide stormwater retention facilities to retain stormwater runoff resulting from a ten-year, 24-hour storm event.
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BACKGROUND:
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Project No.: |
PZ-23-0700002 |
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Meeting Date: |
November 8, 2023 |
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Applicant: |
Thomas Tomasko 2705 N Cocoa Blvd Cocoa, FL 32922 |
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Property Owner: |
Thomas Tomasko 2705 N Cocoa Blvd Cocoa, FL 32922 |
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Project Address: |
2705 N Cocoa Blvd; 2414032 (Parcel ID: 24-36-17-55-23-4) |
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Requested Action: |
A waiver request of the City of Cocoa Code to waive the requirement to provide stormwater retention facilities to retain stormwater runoff resulting from a ten-year, 24-hour storm event. The property is identified as 2705 N Cocoa Blvd, Cocoa, Florida. Tax Parcel ID 24-36-17-55-23-4. |
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Notice Provided: |
Notice of the public hearing was provided by publishing in the newspaper on January 2, 2024, posting the property and mailers to property owners within 500 feet. The hearing was continued to a date certain at the November 8, 2023 BOA meeting to the BOA meeting of January 17, 2024. |
I. Project Information
The subject property is located on the West side of North Cocoa Blvd and has a one (1) story commercial building in a 0.58-acre lot. The Future Land Use (FLU) is Commercial and the property is zoned C-G General Commercial. The applicant is seeking a waiver from the City of Cocoa Code requirement to provide stormwater retention on site. Specifically, Appendix A, Zoning, Article XIII, Section 19(1) of the Zoning Code requires: “All structures or areas impervious to water or designed to allow storm water to runoff, which are developed, constructed, repaired or altered within the City of Cocoa shall be provided with facilities to retain the runoff of water resulting from a ten-year storm experience within the limits of the property, provided soil and topographical conditions allow such facilities.”
The applicant made an agreement with Brightline and the general contractor, Interrail Signal, responsible for installing the new train tracks. The applicant agreed to allow Brightline to use a portion of the property in question, 2705 N Cocoa Blvd. In exchange, they would provide construction services that included setting old castle concrete blocks on the property and elevating the existing grade behind the concrete curb on the south side of the property (Exhibit E).
As a result, Code Enforcement cited the applicant for violating City of Cocoa Code of Ordinances for performing construction without a permit and for the new grading that required a site plan amendment.
During the review process for a site plan amendment application, Public Works in accordance with City Code requested that the applicant provide Stormwater Retention proportional to the square footage of the impervious area on-site in addition to the stormwater runoff resulting from a ten-year storm event.
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Future Land Use: |
Commercial |
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Zoning District: |
General Commercial C-G |
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Existing Land Use: |
Commercial - windows tinting business |
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Council District: |
District 1 - Councilmember Alex Goins |
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Overview of Surrounding Area: |
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Future Land Use Designation |
Zoning District |
Land Use |
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North |
Commercial |
C-G |
Vacant Commercial Land |
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South |
Commercial |
C-G |
Cocoa Marketplace |
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East |
Neighborhood Commercial |
RU-2-10 |
Gas station |
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West |
Commercial |
C-G |
Single-family home |
II. Waiver Analysis
The Board shall only grant a waiver if it positively makes the following findings, based on competent substantial evidence: Appendix A, Article XVII, Section 8 (C)
(1) Initial finding. The Board of Adjustment shall first find that the need for the proposed waiver arises out of the physical surroundings, shape, topographical condition, or other physical or environmental conditions that are unique to the specific property involved. The Board shall make the required finding based on the granting of the waiver for the applicant's property alone unless, however, the condition is common to numerous sites so that requests for similar waivers are likely to be received, and then the Board shall make the required findings based on the cumulative conditions of the area.
Staff Finding: This is not a new development project and the impervious area on site is pre-existing. The property, which has less than one acre, was developed around 1967. If the Code requirement for stormwater retention was applicable, 3,623 cubic feet of retention volume would be needed onsite.
(2) If the Board of Adjustment makes a positive finding in section 8(C) (1) above, the Board shall make a positive finding on each of the following before granting a waiver:
a) There are practical or economic difficulties in carrying out the strict letter of the regulation.
Staff Finding: The parcel is 0.58 acres or 25,265 SF, of which 16,034 SF is impervious. To meet Appendix A Article XIII, Section 19(1), the stormwater retention facility would need to retain the stormwater runoff from impervious areas resulting from a ten-year storm experience within the limits of the property. The precipitation frequency estimate for a 10 yr, 24 hr storm event is 7.47 inches, or 0.6225 Ft. so the retention volume would be 16,034 SF x 0.6225 Ft. = 9,981.17 Ft3. Stormwater runoff is typically retained in a stormwater pond. If the pond was 2 Ft. deep which is typical for a dry retention area, the area of the pond would be approximately 5,000 SF. This would leave little to no room to safely maneuver on site.
b) The proposed Waiver will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazards to the public.
Staff Finding: In 2016, FDOT reconstructed US 1 from a 4-lane highway to a 6-lane highway within the limits of Cocoa, Fl. Stormwater infrastructure was installed as part of this project. Presumably prior to this project, stormwater runoff from this property would drain to the frontage property and pond between the property line and the edge of pavement. Now the stormwater runoff drains to the stormwater infrastructure and is ultimately conveyed to the Bracco Pond Stormwater Facility where it is treated prior to discharge to the river. Thus, this waiver will not pose a hazard to the public.
c) The Waiver will not substantially diminish property values in, nor alter the essential character of, the area surrounding the applicant's property.
Staff Finding: It is unlikely that the Waiver would substantially diminish property values or alter surrounding properties’ essential character.
d) The effect of the proposed Waiver is in harmony with the general intent of the Cocoa Comprehensive Plan and Code and the specific intent of the relevant subject area(s) of the Code.
Staff Finding: The Waiver request has limited impact on the adjacent property and is in harmony with the Cocoa Comprehensive Plan and the intent of the subject Code provision.
e) The effect of the proposed Waiver will not result in additional and significant threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, or conflicts with the Comprehensive Plan and other local ordinances.
Staff Finding: The requested Waiver will not result in additional and significant threats to public safety, additional expense to the public, fraud, or victimization. The proposed Waiver would not be in conflict with the intent. Considering that modifications made on site affected less than 25% of the total acreage, leading to minimal disturbance to the stormwater drainage system in the area and the infeasibility to create a swale or retention pond due to the property size as well as the financial hardship lay on the applicant, this waiver should be granted by the Board of Adjustments.
STORMWATER RETENTION FACILITY WAIVER CRITERIA:
In addition to the standard criteria to be considered by the board of adjustment in reviewing an application for waiver, the board shall also consider the following criteria:
Appendix A, Zoning, Article XIII, Section 19(1)
(1) Safety concerning the subject property, adjacent properties, streets, alleyways and water bodies.
Staff Finding: There are no major safety concerns associated with the request. The changes onsite created a minor drainage disturbance to the property to the South, which will be address by the property owner, herein as a condition for approval.
(2) Visual impact on adjacent properties, streets, alleyways, and water bodies.
Staff Finding: There is no visual impact on adjacent properties, streets, alleyways, or water bodies. The applicant removed all millings bringing this property to a preexisting state.
(3) Design in relation to other structures on the same lot, adjacent properties, and the neighborhood.
Staff finding: The site grading and blocks installed created a minor water flow to the South property and with further evaluation, the property owner is to install a curb cut to redirect the flow to the closest stormwater inlet located within the property frontage right-of-way.
(4) Impact on ingress and egress, if applicable.
Staff Finding: No adverse impact.
(5) Screening, buffering, or separation of any nuisance or hazardous feature.
Staff Finding: None.
(6) Compatibility with adjacent properties.
Staff Finding: The waiver request is compatible with adjacent properties.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
None
RECOMMENDED MOTION:
Recommendation
Staff recommends APPROVAL of the requested Waiver from the City of Cocoa Code, Appendix A, Zoning, Article XIII, Section 19(1) Stormwater Retention Facilities regulations with the following condition(s):
1. The Waiver shall not be effective until after the applicant has secured all the permits and approvals necessary for any development related to the Waiver, including applicable site plan amendments and building permits. Such permits shall be obtained within twelve (12) months of the Board’s approval.
2. The applicant shall coordinate with the City Engineer and obtain approval of agreed upon site improvements as follows:
a. Create a 4” to 6” berm, sodded to avoid erosion.
b. Create a curb cut.
c. Grade designated area to assist flow direction towards curb cut.
d. Direct stormwater runoff from driveway to stormwater inlet located within public right-of-way.