PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: October 24, 2024
Agenda Date: November 6, 2024
Prepared By: Alexis Crespo, AICP - Planning Consultant
Through: Stockton Whitten - City Manager
Requested Action:
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Consideration of an Expedited State Review Comprehensive Plan Text Amendment to City of Cocoa Future Land Use Element Policy 1.1.2.6(F), relating to the Mixed-Use future land use category, to provide additional flexibility for allowable uses on the ground floor of vertical mixed-use buildings eligible for density bonuses under the Comprehensive PlanEnd
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BACKGROUND:
The City has initiated a request to amend the City of Cocoa Future Land Use Element Policy 1.1.2.6(F) to provide additional flexibility related to uses permitted on the ground floor of vertically mixed-use buildings eligible for density bonuses under the Comprehensive Plan. No changes are proposed to the maximum allowable density or intensity in this category via this text amendment. A full description of the request and its impact on the Comprehensive Plan are outlined below.
In 2010, the City created the Mixed-Use (MU) Future Land Use (FLU) category. The MU FLU is intended to provide a mixture of residential, commercial, office, recreational and institutional uses along the major transportation corridors. Accordingly, the majority of parcels designated with the MU FLU are generally located along SR 520, US 1, Brunson Blvd., King St., and the Cocoa Village Area, as more accurately shown on the attached FLU Map.
The density that is generally allowed within the MU FLU category is 25 du/acre and includes a bonus of up to 5 du/acre if residential housing units are developed as part of a vertically integrated mixed-use project, where both residential and non-residential uses are located in the same building, typically with ground floor non-residential uses and upper floor dwelling units. Thus, the maximum allowable density per FLU Element Policy 1.1.2.6 is 30 du/acre utilizing this density bonus.
Over the last several years, the City of Cocoa has created multiple policies to ensure that redevelopment opportunities within the Community Redevelopment Agency (CRA) are available. The City also adopted policies that allow for “vertically mixed-use projects” to occur in very limited geographical areas, specifically on +/- 8.82 acres within the Cocoa Village and South-End Subdistricts to develop at densities of up to 125 du/acre, subject to approval of a development agreement approved at the discretion of the City Council after consideration of many factors as outlined in Policy 1.1.2.6. The map below shows the location of those +/- 8.82 acres.
In addition, five (5) parcels, totaling +/- 5.72 acres, including the recently added 915 Florida Ave. property, have been designated with a commercial/mixed use large (CL) building type on the Cocoa Waterfront Overlay District Regulating Plan, which allows vertically integrated mixed-use buildings constructed to a maximum of eight (8) stories in height, again subject to approval of a Development Agreement by the City Council.
As provided in Ordinance 07-2023, the very limited geographical areas deemed conditionally appropriate for the 125 du/acre program were, in part, designated due to lack of historically significant development on the site or absence of development. These properties were identified in the Cocoa Community Redevelopment Area’s Redevelopment Plan as particular “catalytic” sites in the Cocoa Village area for redevelopment.
Proposed Text Amendment:
The existing Mixed Use FLU Policy 1.1.2.6(F) states:
“For a mixed-use building, only retail sales, offices and services and restaurants are permitted on the ground floor.”
The City proposes that this language be modified as follows:
“For Except as provided herein, for a vertical mixed-use building, density bonuses as provided in Figure FLU 1 and this Policy 1.1.2.6(b) shall only be permitted where at least 51% of the total building length of the ground floor street frontage is devoted to occupiable space for retail sales, offices and services available to the general public, and restaurants, or a combination thereof are permitted on the ground floor. The total building length of the ground floor street frontage shall be measured by determining the length of the vertical, mixed use building on the ground floor on all street frontages up to a maximum of two (2) street frontages which shall be the two longest sides of the building with street frontage. For purposes of this Policy, pedestrian and vehicle driveways and ingress and egress corridors may be subtracted from the building length on each street prior to calculating the required percentage of the building length that must be devoted to the ground floor commercial uses on such street frontage. The required 51% of the total building length of the ground floor street frontage that is devoted to occupiable space for the ground floor commercial uses listed in this Policy may be distributed among street frontages as deemed most advantageous by the applicant, which may include locating the ground floor commercial uses entirely on one street. Non-commercial uses, uses otherwise permitted by the underlying zoning district, and parking to serve the vertical, mixed use building or the general public may occur on the remainder of the street frontage or within the interior of the building.”
In sum, the City proposes flexibility to utilize 51% of the total building ground floor for retail sales, offices and services available to the general public, and restaurants, or a combination thereof rather than requiring 100% of the ground floor to be occupied by these uses when seeking density bonuses for vertical mixed use buildings. The remaining 49% of the first floor may be used for residential uses per the proposed text change. This modification allows for greater flexibility in design and outcome of vertically mixed-use buildings, which City staff believes will allow for projects to align with market demand. The proposed amendment will also allow an applicant for development to distribute the 51% devoted to ground floor commercial uses listed in the Policy on the street frontages they believe to be most advantageous.
Consistency with Comprehensive Plan Policies and Objectives:
Pursuant to the City’s Land Development Regulations Chapter 15, Article Il, Sec. 15-11(c) - Comprehensive Plan Amendment Standards, the following shall be considered by Land Planning Agency and City Council:
a. Whether the proposal favorably or unfavorably impacts the city's budget, or the economy of the region.
Staff Finding: The request has the potential to positively economic impact the City through redevelopment that will increase the tax base and encourage similar redevelopment in Cocoa Village. As was noted in the 2022 staff report related to the creation of the 125 du/acre density program, development opportunities provided by the City’s unique density bonus program’s increase land value, which generates new Cocoa CRA taxes and benefits the local economy through the spending power of new residents.
b. Whether the proposal will diminish the service level of public facilities.
Staff Finding: Objective 14.1.1 of the Comprehensive Plan, Capital Improvement Element establishes the adopted level of service (LOS) standards for public facilities within the City that must be met prior to issuance of development permits.
The proposed text amendment will not increase the allowable density or intensity of the site, but rather modifies the percentage of the ground floor that must be non-residential. Accordingly, the proposed amendments are not anticipated to negatively impact the adopted levels of service for public facilities within the City. Impacts on the City’s public facilities and infrastructure will be reviewed through applications for Development Agreement and site plans. An analysis done in October 2022 found that amendments to allow up to 125 du/acre would not generally negatively affect or diminish the service levels of applicable public facilities.
Generally, high density mixed-use in the City has the potential to reduce automobile dependency and increase the ability of residents to live a more sustainable lifestyle due to residents’ proximity to services, job opportunities, retail and entertainment. Thus, the amendment may have a positive impact on public facilities.
c. Whether the proposal favorably or unfavorably impacts the environment, or the natural or historical resources of the city or the region.
Staff Finding: The amendment is not anticipated to affect any natural or historical resources. When a site is developed, the developer will be required to provide all environmental and historical studies as required by the Land Development Code at time of site plan permitting.
d. Whether the proposal is consistent with goals, policies, and objectives of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Comprehensive Regional Policy Plan, Florida Administrative Code.
State Comprehensive Plan, Chapter 187.201(15) LAND USE
Policy 15(b)3: “Enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping, and recreational activities.”
Staff Finding: The proposed amendment will provide additional opportunity for developments with a mix of uses combining living, working, shopping and recreational activities.
East Central Florida Comprehensive Regional Policy Plan
Policy 10.7.2 Transit corridors should provide for a mixture of commercial, office, institutional, and residential uses in multi-story buildings to create a walkable pedestrian friendly environment.
Policy 10.14 Vacant or underutilized retail sites should be seen as opportunity sites for assembly and redevelopment as mixed use (retail, office, and residential) centers, especially along corridors currently served by transit or planned to be served by transit.
Staff Finding: The proposed text amendment will provide additional flexibility to support mixed-use development along transit corridors, as well as redevelopment of existing sites. The Cocoa Village area is services by Space Coast Area Transit (SCAT) Route 6, with access to Routes 1 and 4 (via Route 6).
e. Whether the proposal will favorably or unfavorably affect the city's ability to provide adequate public facilities, and whether the proposal will reduce the level of service for affected public facilities below the level of service set in the comprehensive plan.
Staff Finding: The proposed amendment would not alter the City’s ability to provide adequate public facilities set by the comprehensive plan to lands under the Mixed-Use FLU designation based on the information provided in item b above.
f. Whether the proposal is incompatible with surrounding neighborhoods and land uses.
Staff Finding: As explained above, the proposed amendment is not incompatible with surrounding neighborhoods based on the goals of the Waterfront Master Plan, Cocoa CRA Redevelopment Plan, and existing MU FLU policies which encourage vertical mixed-use buildings. It is also directly adjacent to mixed-use planning occurring in the City of Rockledge, as noted earlier. Proper bulk requirements will be included in any future Development Agreement, as required when utilizing the 125 du/acre bonus density program.
Policy 13.1.2.1: The City staff will evaluate development projects in Cocoa to include an assessment of impacts on the comprehensive plans of adjacent jurisdictions.
Policy 13.1.2.2: The City staff will assess future amendments to its comprehensive plan, including the Future Land Use and Capital Improvements elements, for impact on the comprehensive plans of adjacent jurisdictions.
Policy 13.1.2.3: The City shall coordinate with the City of Rockledge to institute joint planning activities in areas of joint concern and influence. The activities shall include land use, landscaping, urban design and urban form of new development in the area.
Staff Finding: The amendment does not increase density or intensity that would result in incompatibilities with surrounding lands. The text amendment will allow some of the ground floor of the mixed-use building to be utilized for residential uses, while maintaining significant square footage on the ground floor for non-residential uses as intended by the MU FLU category.
g. Whether the proposal will have a favorable or adverse effect on the ability of people to find adequate housing reasonably accessible to their places of employment.
Staff Finding: The proposed FLU amendment will provide opportunity for additional forms of housing closer to commercial uses, places of employment, and multimodal transportation options.
h. If the amendment being requested is consistent with all the elements of the comprehensive plan.
Staff Finding: The proposed FLU amendment is consistent with the following Comprehensive Plan policies:
Future Land Use Element, Policy 1.1.2.6 Mixed-Use (MU). The Mixed-Use land use category is intended to provide a mixture of residential, commercial, office, recreational and institutional uses along the major transportation corridors (such as SR 520 and US 1). Based on current land use trends, the City estimates that the mix of uses in the mixed-use category will be 50 percent residential and 50 percent non-residential. The Floor Area Ratio (FAR) measure shall not be applied to residential developments, or the residential portion of a mixed-use building or development.
Future Land Use Element, Objective 1.2.1: Smart Growth Principles. New development in the City shall incorporate “Smart Growth” principles that will lead to compact development standards as opposed to conventional development standards that encourage urban sprawl.
Future Land Use Element, Policy 1.2.1.6: New development, as well as infill development shall provide interconnected street grid networks, where feasible, to disperse traffic and encourage walkability. Developments may include a hierarchy of narrow streets, boulevards, and alleys; high quality pedestrian networks; designs that encourage a greater use of bicycles, rollerblades, scooters and walking as daily transportation; connectivity to public transit; and a land use mix that demonstrates reduced external trips by encouraging internal trips.
Housing Element, GOAL 3.1: The City shall encourage and promote the provision of decent, safe, and sanitary housing to meet the needs of the present and future population of the City.
Objective 3.1.1, Housing Supply: Assist the private sector to create additional units and preserve existing units to satisfy the projected demand of dwelling units of various types, sizes, and costs which will be needed to house the City's anticipated population through the planning horizon.
Policy 3.1.1.1: The City’s Future Land Use Map shall provide adequate lands to accommodate the projected housing growth.
Policy 3.1.1.2: The City shall continue to provide land use designations and zoning districts on the Future Land Use and the Official Zoning Maps to ensure a variety of housing types including single family, duplex, and multifamily are allowed within the City.
Policy 3.1.1.6: The City shall promote mixed-use developments that include provisions for a wide variety of housing types and prices.
GOAL 3.7: The City shall promote opportunities for the creation of housing and infill development within the City.
Objective 3.7.1, Infill Development: The City shall continue to promote infill housing development by supporting alternative development standards where appropriate and feasible.
STRATEGIC PLAN CONNECTION:
Enable growth through enhanced and modernized infrastructure. Maintain and attract new industry, jobs and investment through targeted marketing efforts, data collection and maintenance. Improve residential development and rehabilitation programs to ensure a diversity of housing options.
BUDGETARY IMPACT:
Noted above.
PREVIOUS ACTION:
Enter text here
RECOMMENDED MOTION:
Recommendation
Staff recommends that the Planning & Zoning Board recommend APPROVAL to City Council regarding the proposed Expedited State Review Comprehensive Plan Text Amendment to Policy 1.1.2.6(F) providing additional flexibility related to uses permitted on the ground floor of vertical mixed-use buildings eligible for density bonuses