PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: March 27, 2024
Agenda Date: April 3, 2024
Prepared By: Patrick Murray - Planning Consultant
Through: Stockton Whitten - City Manager
Requested Action:
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Consideration of a Zoning Map Amendment for a +/- 13.34-acre parcel located at 1600 Flower Mound Lane from Brevard County RU-2-10 to City RU-2-15 (Multiple Family Dwelling).
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BACKGROUND:
The applicant, Mr. Tyler Enright of Kimley-Horn and Associates Inc., on behalf of the property owner, Mr. Nick Andersen of Cocoa Leased Housing Associates II, LLLP, is requesting to amend the Zoning Map designation of the +/- 13.34-acre Subject Property located at 1600 Flower Mound Lane. The Parcel ID of the Subject Property is 24-36-30-00-10 and is known as the “Oak Meadows Apartments”. The Subject Property is located at the northwest intersection of Clearlake Rd., and Sunhome St. The request is to assign the RU-2-15, Multiple Family Dwelling zoning designation to the Subject Property as City of Cocoa zoning is currently unassigned.
Following the annexation from Brevard County into the City of Cocoa, the Subject Property was never assigned a zoning category. The purpose of this Zoning Map Amendment is to establish a zoning category for the Subject Property. As stated above, the Subject Property is currently being utilized as a residential apartment complex with approximately 120 units. The existing Future Land Use designation is Medium Density Residential, which allows a maximum density of 15 dwelling units per acre. There are no plans to redevelop the property as a result of this rezoning application, however the property owner plans to upgrade many areas of the site as part of a Minor Site Plan application. No additional dwelling units are proposed at this time.
Future Land Use Designation: Current: Medium Density Residential
Zoning District: Current: City Zoning Not Assigned - Brevard County RU-2-10
Proposed: City of Cocoa RU-2-15 (Multiple Family Residential)
Existing Land Use: Affordable Multi-Family
Council District: District 2 - Deputy Mayor Hearn
Legal Ad Date: March 19, 2024
Overview of Surrounding Area:
|
|
Future Land Use Designations |
Zoning Districts |
Land Uses |
|
North |
Brevard County (CC, NC, RES 15) |
Brevard County (RU-1-9) |
Cemetery |
|
South |
Medium Density Residential |
RM-3 Planned Residential For Mobile Home Park |
Mobile Homes |
|
East |
Institutional |
Zoning Not Assigned |
Cemetery |
|
West |
Brevard County (RES 15) |
Brevard County (BU-1, RU-1-9) |
Single Family Residential |
I. Rezoning Analysis
The Planning & Zoning Division staff have reviewed the criteria contained in Appendix A of the City of Cocoa, Article XXI, Section 1(G) as follows:
a. The proposed change is contrary to the established land use pattern.
Staff Finding: The surrounding land areas consist of a mixture of residential, non-residential, and institutional uses. The residential uses consist of land zoned City of Cocoa RM-3, developed as mobile homes to the south, whereas the Brevard County RU1-9 designation is developed as single-family homes to the north and west. The proposed RU-2-15 zoning district provides a consistent transition between the two residential uses and is not contrary to the established land use pattern. The Subject Property is currently developed, and any future improvements proposed by the Applicant or Property Owner will be required to comply with the development standards of the RU-2-15, Multiple-Family Dwelling District, of the City’s Code of Ordinances. The apartment buildings onsite were constructed in 2009.
b. The proposed change would create an isolated district unrelated to adjacent and nearby districts.
Staff Finding: As noted in the table above, the surrounding zoning districts are a mixture of City of Cocoa RM-3, Brevard County RU-1-9, and other City and County non-residential districts. Further, the abutting property to the east does not have a zoning category assigned to it. There are also two parcels to the north on Dixon Rd. that are designated as RU-2-15. If the Subject Property is designated as RU-2-15, it will not be isolated or unrelated to the adjacent and nearby districts, specifically the abutting residential uses, in particular because the Future Land Use designation assigned to this property is Medium Density Residential. This is the most appropriate zoning district for the existing use of multi-family apartments, which were constructed in 2009.
c. The proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, access, etc.
Staff Finding: The proposed R-2-15 zoning district allows for a maximum of 15 dwelling units per acre for multi-storied structures, or 10 units per acre for single-story structures. Both densities are consistent with what is allowed by the current FLU of MDR (Medium Density Residential), which has a maximum of 15 units per acre.
Further, the Subject Property is already developed at a density of 8.9 dwelling units per acre (120DUs / 13.3AC = 8.9du/ac) which does not alter the existing density pattern or increase the load on public facilities.
d. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.
Staff Finding: The existing district boundaries are illogically drawn based on the conditions of the area. Assigning the Subject Property the RU-2-15 zoning designation will provide a consistent transition between the City of Cocoa’s RM-3 Brevard County’s RU-1-9 zoning categories and assign a zoning designation within the City of Cocoa to allow for renovations of the property to occur.
e. The proposed change would be contrary to the Future Land Use Map and would have an adverse effect on the Comprehensive Plan.
Staff Finding: The existing FLUM designation of the Subject Property is Medium Density Residential. The proposed rezoning is consistent with Future Land Use Element Policy 1.1.2.4. Further, Figure FLU-1, Standards for Future Land Use Categories, which shows that RU-2-15 is an applicable zoning district for the MDR FLU category.
f. Changed or changing conditions make the passage of the proposed amendment necessary.
Staff Finding: Following the annexation into the City of Cocoa the Property never received a zoning designation. This proposed change will establish a zoning category where the property is subject to specific regulations as noted in the City’s Land Development Code. The proposed zoning will be consistent with the surrounding zoning districts and mix of residential, commercial, and institutional uses.
g. The proposed change will adversely influence living conditions in the neighborhood.
Staff Finding: As an established residential use, the Subject Property’s proposed RU-2-15 zoning district provides a consistent transition between the two adjacent residential uses and is not contrary to the established land use pattern. It is anticipated that establishing the Subject Property as RU-2-15 would not adversely influence living conditions in the neighborhood as the project has been constructed since 2009.
h. The proposed change will create or excessively increase traffic congestion or otherwise affect public safety.
Staff Finding: Due to the property being already established as an apartment complex, it is not anticipated that the proposed zoning would create or excessively increase traffic congestion or otherwise affect public safety. As noted above, the maximum density of 15 dwelling units per acre is less than what is allowed under the MDR Future Land Use designation.
i. The proposed change will create a drainage problem.
Staff Finding: The Subject Property is already developed and has undergone engineering review before the development of the apartment complex. It is not anticipated that the project will create a drainage problem as any potential issues.
j. The proposed change will seriously reduce light and air to adjacent areas.
Staff Finding: The Subject Property is already developed. The zoning of the Property will not further reduce light and air quality to adjacent areas.
k. The proposed change will adversely affect property values in the adjacent areas.
Staff Finding: It is not anticipated that property values would be affected by the proposed rezoning as it is consistent with the existing multi-family use on the property. The proposed RU-2-15 zoning district provides a complementary transition between mobile homes to the south and the single-family home to the north.
l. The proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.
Staff Finding: The Subject Property is already established as an apartment complex. It is not anticipated that the proposed zoning would be a deterrent to the improvement or development of adjacent property.
m. The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.
Staff Finding: The proposed change will not constitute a grant of special privilege to the property owner of the subject property as contrasted with the public welfare. The proposed zoning designation meets the requirements of the Comprehensive Plan and is consistent with the residential zoning districts in the surrounding area.
n. There are substantial reasons why the property cannot be used in accord with existing zoning.
Staff Finding: The Subject Property does not currently have an assigned zoning category. Further, the proposed zoning (RU-2-15) is consistent with the allowable uses under the “Medium Density Residential” Future Land Use per the City of Cocoa Comprehensive Plan.
o. Whether the change suggested is out of scale with the needs of the neighborhood of the city.
Staff Finding: The proposed zoning is not out of scale with the needs of the area and would complement the existing residential scale in the immediate area.
p. It is impossible to find other adequate sites in the city for the proposed use in districts already permitting such use.
Staff Finding: The Subject Property does not currently have an allocated category and assigning the property to RU-2-15 provides a complementary category to surrounding properties and is consistent with the City’s Comprehensive plan designation.
Consistency with Comprehensive Plan Policies and Objectives
The proposed RU-2-15 zoning designation is consistent with the allowable uses under the “Medium Density Residential” Future Land Use per the City of Cocoa Comprehensive Plan.
Concurrency Management/Adequate Public Facilities
Section 15-22 of the City Code provides for a concurrency management system to ensure public facilities and services needed to support development are available concurrent with the impacts of such development and that development orders and development permits are not issued in a manner that will not result in a reduction in the levels of service below the adopted level of service standards adopted by the City for public facilities and services, as contained in the City’s adopted Comprehensive Plan.
The Subject Property is currently utilizing public facilities and no further impacts are anticipated.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
None
RECOMMENDED MOTION:
Recommendation
Staff recommends that the Planning & Zoning Board recommend APPROVAL to City Council of the Zoning Map Amendment consistent with Appendix A, Zoning, Article XXI, to change the Zoning Map designation of the subject parcel, totaling +/-13.34-acres, from Brevard County RU-2-10 to City of Cocoa RU-2-15 (Multiple Family Dwelling).