BOARD OF ADJUSTMENT AGENDA ITEM
Memo Date: August 29, 2024
Agenda Date: September 18, 2024
Prepared By: Jennifer Webster, Planner
Through: Stockton Whitten, City Manager
Requested Action:
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Consideration of a Special Exception request for 28 Prospect Ave in the City of Cocoa, pursuant to Appendix A, Zoning, Article XI, Section 15(C)(3) of the City of Cocoa Code allowing "Churches, rectories, parish houses, temples, synagogues, and associated buildings, including educational and recreational facilities" to be allowed to operate as a church. The subject property is identified as Tax Parcel ID: 24-36-32-00-4, located in the City of Cocoa Commercial Wholesale Zoning District...End
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BACKGROUND:
Per the City of Cocoa Zoning Code, Special Exception is a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. The subject property is in the Commercial Wholesale Zoning District (C-W), which requires a special exception for use as a church per ART XI, Sec. 15(C)(3) of the City Zoning Code.
BACKGROUND:
Project No.:
PZ-24-00000011
Meeting Date:
September 18, 2024
Project Planner:
Jennifer Webster, Planner
Applicant:
XXtreme Ministries dba / In Spirit and in Truth Community Church, Brenda Patterson
910 Richland Ave, Merritt Island, FL 32953
Property Owner:
Grand International Holdings, Inc.
Gerard Cuggia; Lionel Cuggia
3050 Boul Becancour
Becancour, QC, Canada G9H3V9
Notice Provided:
Notice of the public hearing was provided by publishing in the newspaper on September 3rd, 2024, and posting the property and mailers to property owners within 500 feet.
I. Project Information
The applicant, XXtreme Ministries, dba In Spirit and in Truth Community Church, seeks Special Exception approval to operate a church on the property located at 28 Prospect Ave in the City of Cocoa. The property, totaling approximately 1.17 acres is currently vacant, but previously housed a single-family residence which has been demolished.
XXtreme Ministries has been leasing and operating out of the space at 914 Dixon Blvd in the City of Cocoa since 2020, with their lease expiring in June of 2025. They applied for a Business Tax Receipt for the church business at their current location, which is in the C-N (Neighborhood Commercial) zoning district, and were notified they needed a Special Exception to operate there. However, their landlord would not approve their application for a Special Exception. This caused the applicant to seek out an alternative site at 28 Prospect Ave. They are negotiating entering into a 30-year lease agreement with the property owner, Grand International Holdings, Inc., pending acceptance of this Special Exception application.
The parcel is located on the northeast corner of Peachtree Street and Prospect Ave. It is adjacent to Gilmore Park on the north and Harbor Mobile Home Park on the east. Across Prospect Ave to the west is a convenience store and across Peachtree St to the south is the Central Mobile Home Community and multi-family housing for City of Cocoa Housing Authority. The surrounding Future Land Use and Zoning is Commercial and Commercial-Wholesale, respectively. However, the actual use and character of the adjacent area is a mix of neighborhood commercial, multi-family and mobile home residential, recreational and social services.
The church plans to build two corrugated metal assembly buildings totaling approximately 2,800 SF and one 360 SF storage building to be converted to offices with restrooms. They plan to develop the property in two phases: one assembly building and the office building in phase 1, and the second assembly building in phase 2. The church intends to hold regular services on Sunday at 10:00 am and 6:00 pm, Wednesdays at 9:30 am and 7:00 pm, with conferences held one weekend per month on Saturday and Sunday (see Exhibit "E" for the proposed concept plan).
Future Land Use:
Commercial
Zoning District:
C-W Commercial Wholesale
Existing Land Use:
Vacant Commercial Property
Council District:
District 1 - Councilmember Goins
Overview of Surrounding Area:
Future Land Use Designation
Zoning District
Land Use
North
Commercial
C-W
City of Cocoa Gilmore Community Park
South
Commercial
C-W
Residential (Central Mobile Home Community)
Residential Multi-Family (Cocoa Housing Authority)
East
Commercial
C-W
Residential (Harbor Mobile Home Park)
West
Commercial
Medium Density
Residential
C-N Neighborhood Commercial
RU-2-15
Convenience Store
Single Family Residential
Please see the existing site, surrounding zoning, and future land uses on the map included as Exhibits "A", "B" and "C".
II. Special Exception Analysis
Before any special exception may be issued, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following where applicable (according to Appendix A, Article XVII, Section 2):
A. Demonstrate that there is ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
Staff Finding: This site is located on a corner lot and has two existing driveway aprons on Peachtree St. The applicant intends to use these existing driveways for ingress and egress, and to add an additional point of ingress/egress on Prospect Ave that, as planned, meet the requirements of Zoning code Art XIII, Sec. 4 for Access Control.
B. Explain where the required off-street parking and loading areas are required, with particular attention to the items in (a) above, and economic, noise, glare, or odor effects of the special exception on the adjoining properties and properties generally in the district.
Staff Finding: The applicant is proposing to retain all parking and loading on-site. Based on Appendix A Zoning, Art. XII, Sec. 4(d):
(4) Auditoriums or other places of assembly. One (1) space for each two (2) seats of seating places or one (1) space for each sixty (60) square feet of floor area in the total main assembly hall, whichever is greater. One-half (1/2) of total parking area must be paved; the other half may be hard stabilized surface with grass, curbing, and landscaping; and (34) Office. One (1) space for each six hundred (600) square feet of gross floor area excluding accessory storage area, and subject to section (d)(47), parking area ratio.
The applicant proposes approximately 2800 sf of assembly area and 360 sf of office space. This requires 47 spaces for the assembly area and 1 space for the office totaling 48 spaces, 50% of which must be paved. The other 50% may be a stabilized grass surface. The site plan currently shows 26 marked spaces. There appears to be adequate space for a grass area that would accommodate the additional 22 spaces not shown, however, the engineered site plan will need to show this can be easily accommodated, while still allowing for the required stormwater retention. The City does not anticipate any adverse effects to economy, noise, glare or odor to adjoining properties from this development.
C. Explain the impact of refuse and service areas, with particular attention to the items in (a) and (b) above.
Staff Finding: Commercial establishments are required to have a 96-gallon container or dumpster. The applicant proposes curbside pickup and has received approval from Waste Management. For a curbside rolling container.
D. Demonstrate sufficient utilities regarding locations, availability, and compatibility.
Staff Finding: The City of Cocoa Utilities Department already serves the property for water, sewer, and reclaimed service. The proposed use would not require additional utilities.
Water: there is an existing 8" ductile iron water main on Peachtree St, to which the site is connected by an existing meter that serviced the prior single-family home, which is currently inactive. The applicant would use this existing connection for the new development. The water meter may need to be upsized to accommodate an increased demand. This will be reviewed further when engineering documents are provided.
Sewer: There is an existing 8" vitreous clay pipe along the south side of Peachtree St. that may provide sanitary sewer service to the property. This will be reviewed further when engineering documents are provided.
Reclaimed Water: There is a 20" PVC Reclaim system supply line that runs along the north side of Peachtree Street along the entire parcel to which the applicant would need to connect for irrigation services.
Stormwater: The site area is 1.17 acres or 50,827 SF, all of which is pervious. To meet the stormwater retention requirements of Appendix A Article XIII, Section 19(1), 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 development must comply with the above code requirements and retain the stormwater on-site.
E. Demonstrate that there is adequate screening and buffering with reference to type, dimension, and character.
Staff Finding: A buffer/fence/screen is not required between properties with the same zoning district, but it is recommended adjacent to the recreational use on the north and the adjacent residential use on the east, due to the level of activity on the proposed site. There is an existing chain-link fence on the north side of the property adjacent to Gilmore Community Park, and there is an existing chain-link fence on the east side of the property adjacent to the mobile home park. The fences fall within the subject site boundary and the applicant intends to use these existing fences. City Staff may request additional screening, such as an opaque screen and/or landscaping to buffer the intensity of uses.
F. Signs, if any, and proposed exterior lighting with references to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.
Staff Finding: There are signs proposed on the church building and on the street. Lighting will be directed inward toward the church. As part of Site Plan Review, the applicant will be required to submit a site lighting plan showing compliance Signs and lighting and the requirements of Chapter 3 of the City Code regarding Signs, and ART XII, Sec. 3(h) regarding lighting in off-street parking areas: "[Lighting] shall be positioned to reflect away from residential areas and from any public street or highway and meet the standards of the zoning code."
G. Demonstrate that there are adequate yards and open space.
Staff Finding: The maximum building coverage for this district is 100%, except for required yards, parking and loading space. The maximum impervious surface area is 90%. The site is 50,827 SF, therefore, a minimum of 5,082 SF must remain open and pervious. The proposed site plan shows 68% impervious coverage with buildings, parking, and loading and 32% impervious area with a 20' perimeter buffer. This area can be used for perimeter landscaping and stormwater collection.
H. Demonstrate how adequate height requirements have been met.
Staff Finding: The site is currently vacant. The maximum building height for this district is 40 feet. The proposed building height will not exceed this maximum.
I. Landscaping.
Staff Finding: There are no trees on the site except for 6 young crape myrtle trees along the south property line. The applicant understands that the landscaping must adhere to the requirements of Art XIII, Sec. 22 of the City Zoning Code.
J. List any renewal and/or termination dates.
Staff Finding: The applicant is in negotiation of a 30-year lease with the property owner, Grand International Holdings Inc. The property owner has authorized the applicant to apply for this Special Exception.
K. Explain how the use will be reasonably compatible with the surrounding uses in its functions, its hours of operation, the type and amount of traffic to be generated, and building size and setbacks, its relationship to land values and other functions that may be used to measure compatibility.
Staff Finding: As previously discussed, the parcel is adjacent to Gilmore Park on the north and Harbor Mobile Home Park on the east. Across Prospect Ave to the west is a convenience store and across Peachtree St to the south is the Central Mobile Home Community and multi-family housing for City of Cocoa Housing Authority. The surrounding Future Land Use and Zoning is Commercial and Commercial-Wholesale, respectively. However, the actual use and character of the adjacent area is a mix of neighborhood commercial, multi-family and mobile home residential, recreational and social services. Additionally, there are five other community churches withing 1/2 mile of this site. Staff finds that a church would be a suitable use at this location to support the immediate community as a place of congregation, fellowship, and worship.
Applicant Responses to the above-referenced criteria are found in Exhibit D, the Application for the Special Exception.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDED MOTION:
Recommendation
Staff recommends APPROVAL of a Special Exception request for 28 Prospect Ave in the City of Cocoa, pursuant to Appendix A, Zoning, Article XI, Section 15(C)(3) of the City of Cocoa Code allowing "Churches, rectories, parish houses, temples, synagogues, and associated buildings, including educational and recreational facilities" to be allowed to operate as a church. The subject property is identified as Tax Parcel ID: 24-36-32-00-4, located in the City of Cocoa Commercial Wholesale Zoning District, with the following conditions:
1. The Special Exception shall not be effective until the applicant has secured all the permits and approvals necessary for any development related to the Special Exception, such as site plan approval and building permits, sign permits, Right of Way permits, and fence permits. Such permits shall be obtained within one (1) year of the Board's approval unless the Board grants the applicant additional time.
2. If the use is extended, enlarged, or expanded, additional special exception approval shall be required. The site plan included as Exhibit E shall be binding upon the applicant, except that minor modifications may be made during the site plan review process to conform to the City Code or life safety requirements.
3. The applicant shall conform to the City of Cocoa noise ordinances. The maximum permissible sound level in a commercial area is 65 dBA between 7:00 a.m. and 7:00 p.m. and 60 dBA between 7:00 p.m. and 7:00 a.m. Sixty (60) dBA is the volume of normal conversation.
4. Unapproved Activities: The property shall not be used for any activities or operations that are not directly associated with or incidental to the approved use of the property as a church ministry. This includes any commercial, industrial, or other activities that are not explicitly permitted under the church ministry designation.
5. Any other conditions deemed necessary by the Board of Adjustment.