PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: August 14, 2024
Agenda Date: August 27, 2024
Prepared By: Luci Ribeiro and Jennifer Webster, Planners, City of Cocoa
Through: Stockton Whitten - City Manager
Requested Action:
title
Consideration of a Land Development Code Amendment to Appendix A, Article XI, Sections 4a and 22 of the Zoning Ordinance of the City of Cocoa 1) to allow for Neighborhood Commercial, Mixed-Use development, and public parking on certain, very limited properties within the Consent Decree area, also known as the Heart of Cocoa, consistent with the Substitute Consent Decree, and amending the list of permitted and special exception uses and 2) building types permitted for those certain properties authorized for Neighborhood Commercial and Mixed-Use development within the Heart of Cocoa subdistrict of the Cocoa Waterfront Overlay; 3) amending the bulk regulations for single-family, duplex, triplex, and fourplex development in the Consent Decree area; 4) amending the minimum yard setbacks in the Consent Decree area.
End
body
BACKGROUND:
This is a City initiated LDC amendment to Appendix A, Article XI, Sections 4A and 22 the City of Cocoa’s zoning regulations, specifically targeting the RU-2-10 district which is the Heart of Cocoa sub-district of the Cocoa Waterfront Overlay District, also known as the “Consent Decree Area”. (For the purposes of this report, the terms “Heart of Cocoa”, “Consent Decree Area or CDA” and the “RU-2-10 District” shall be synonymous).
The Consent Decree Area is generally bounded by several major roadways: Florida Avenue on the east, SR 520 on the north; US 1 on the west; and Rosa L. Jones Blvd. on the south. The parcels specifically designated for commercial and mixed-use developments are located primarily near the perimeter of the CDA, adjacent to existing neighborhood commercial corridors in Cocoa Village.
The Heart of Cocoa Consent Decree of 1990 is an agreement that was adopted in the federal district court case in a settlement negotiation between Beatrice Houston and the City of Cocoa which addresses legal obligations and agreements between both parties regarding the preservation of the neighborhood’s historic cultural heritage. The Consent Decree aimed to balance community development goals with the protection of residents' rights and interests, particularly those of low-income and minority populations. It provides a legal framework for sustainable growth and equitable housing practices within the City of Cocoa’s designated areas.
The 1990 Consent Decree was replaced by a Substitute Consent Decree in 2009 which legally binds the City of Cocoa to specific zoning and development regulations. Southern Legal Counsel, located in Gainesville Florida, monitors the City’s enforcement of and compliance with the Substitute Consent Decree and has received notice of the proposed amendments.
The Substitute Consent Decree requires that the City (1) maintain the Consent Decree Area’s low-density residential character; (2) continue to encourage the voluntary replacement of Wholesale Commercial uses, as defined and enumerated in the City Code, Appendix A, Zoning, Article XI, Section 15, with low-density residential uses or less intensive neighborhood commercial uses such as mixed-use developments where residential serves as the primary use, while preserving rights to existing uses as provided by law; and (3) continue to encourage the production and development of affordable homes in the CDA by the private sector through zoning incentives for the CDA including, but not limited to, any incentives that are currently in place. (For more history on the Heart of Cocoa / Consent Decree Area, please see Supporting Attachment “1”.)
The RU-2-10 Zoning District is unique to the Consent Decree Area and currently allows for single-family and multi-family development. This amendment is intended to add uses for limited neighborhood commercial and mixed-use developments within the CDA on specifically designated parcels as described in the revised Regulating Plan of the Waterfront Overlay District (Exhibit “A”) consistent with the Substitute Consent Decree. The Regulating Plan guides the location and intensity of development on these specific parcels and establishes design and construction requirements, such as setback distances, lot coverage, building types on the commercial and mixed-use lots, and parking provisions on designated City-owned lots to mitigate potential issues stemming from an increase in commercial activities.
The proposed ordinance allows for these limited commercial activities and public parking only on specified properties, ensuring that the Substitute Consent Decree requirements are observed while facilitating compatible economic development and maintaining neighborhood character and quality of life in the Heart of Cocoa.
SUMMARY OF CODE REVISIONS:
1. Zoning and Land Use
The RU-2-10 Low Density Single-Family and Multiple Family District rules are currently designed for an area with a mix of low-density multi-family housing, single-family homes. Staff proposes to add to this district neighborhood commercial development for designated properties. The properties that are proposed to be designated on the Regulating Plan for either single-story neighborhood commercial or mixed-use small/medium buildings with neighborhood commercial uses permitted on the ground floor were selected in accordance with Section I, Zoning, Subsection 3(2) and Section II, CRA’s Redevelopment Plan, Subsection 7 of the Substitute Consent Decree. Section I, Zoning, Subsection 3(2) provides that the City continue to encourage the voluntary replacement of Wholesale Commercial uses, as defined and enumerated in the City Code, Appendix A, Zoning, Article XI, Section 15, with low-density residential uses or less intensive neighborhood commercial uses such as mixed-use developments where residential serves as the primary use. Staff conducted a review of the properties that were utilized for commercial purposes at the time of the Substitute Consent Decree’s approval and determined whether those properties were still used for commercial purposes that are encouraged for replacement. Such properties were designated with a SC/CM or SC/CS on the Regulating Plan. In addition, Section II, CRA’s Redevelopment Plan, Subsection 7 of the Substitute Consent Decree provides that the City and Redevelopment Agency may enhance the residential character of, and neighborhood amenities within, the CDA by supporting appropriate neighborhood commercial uses on CDA lots as provided in Section I.(3)(2) and on CDA lots located along the outermost perimeter of the CDA and adjacent to Florida Avenue, US Highway 1, SR 520, or Rosa L. Jones Drive. Thus, the majority of the properties designated on the Regulating Plan with a SC/CM or SC/CS building type were selected because of their location along the perimeter of the CDA in accordance with the Substitute Consent Decree.
On those lots designated in Appendix A, Zoning, Article XI, Section 22, Regulating Plan, the following neighborhood commercial uses shall be permitted either in a single-story commercial building or on the ground floor in a mixed-use building in which residential is the primary use:
(a) Professional services/office.
(b) Gym and Fitness Facilities, less than 7500 square feet.
(c) Personal service establishments, beauty, barber, laundry, dry cleaning, tailor shops and similar uses.
(d) Restaurants.
(e) Retail stores (except automotive) with no outside storage.
(f) Medical and dental clinics.
(g) Animal clinics
Child care centers and day care facilities has been added as a use by special exception.
Additionally, electronic communication/transmission facilities and exchanges will no longer be a permitted use in the RU-2-10 district, and has been removed from the list of uses.
The uses table - ART XI, Sec. 22 (F) Uses - was also updated to include the above uses as permissible in the Heart of Cocoa.
In addition, the proposed ordinance designates certain City-owned properties within the Consent Decree Area for public parking. This aims to mitigate potential parking issues stemming from increased commercial and mixed-use development activities. (Regulating Plan, Exhibit “A”).
2. Bulk Regulations
The table reference under Section E - Bulk Regulations for minimum lot area and minimum lot depth has been deleted and language has been added to align with the Waterfront Overlay District’s Regulating Plan, as follows:
“Bulk regulations related to minimum lot area, minimum lot width, minimum lot depth, lot coverage, and maximum height shall be determined by referring to Appendix A, Zoning, Article XI, Section 22, Cocoa Waterfront Overlay District and the Regulating Plan therein. Such bulk regulations may vary based on the street location and building type selected. The maximum density shall be determined by referring to the Future Land Use Element of the City of Cocoa Comprehensive Plan”
3. Yard Requirements
Minimum yard setbacks have been deleted and language has been added to align with the Waterfront Overlay District’s Regulating Plan, as follows:
“Minimum yard requirements shall be determined by referring to Appendix A, Zoning, Article XI, Section 22, Cocoa Waterfront Overlay District and the Regulating Plan therein. Such minimum yard requirements may vary based on the street location and building type selected.”
4. Building Types
Specific building types are currently permitted by the Subdistrict when any new and/or redevelopment occurs on any parcel within the Cocoa Waterfront Zoning Overlay. The building typologies are consistent with the size, scale and character desired within each sub-district.
In the neighborhood commercial uses, the building types permitted are Commercial/Mixed-Use - Small (CS), Commercial/Mixed-Use - Medium (CM), and Single-Story Commercial (SC) buildings (Exhibits “B”, “C”, and “D”). These amendments ensure that new developments adhere to desired size, scale, and architectural standards suitable for the Consent Decree Area. In particular, the height of these building types is limited to three (3) stories in the Consent Decree Area to ensure compatibility and maintaining the low-density residential character of the neighborhood.
The Waterfront Overlay District and the Regulating Plan also regulate the residential building types that are allowed in the Heart of Cocoa, examples of which are shown in Exhibits “E” and “F” and the Allowable Building Types table in the Regulating Plan.
The above new code provisions comply with the Substitute Consent Decree and pave the way for future development projects to adhere to updated zoning regulations and development standards, promoting sustainable growth and community enhancement.
ANALYSIS
I. Zoning Code
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.
Staff Finding: As the Substitute Consent Decree mandates the encouragement of the voluntary replacement of Wholesale Commercial (C-W) uses, as defined and enumerated in the City Code, Appendix A, Zoning, Article XI, Section 15, with low density residential uses or less intensive neighborhood commercial uses, such as mixed-use developments where residential serves as the primary use, this proposed amendment provides a mechanism for this transition of C-W uses to less intense, more neighborhood-compatible commercial uses.
Given the recent increase in development along Florida Avenue adjacent to the Consent Decree Area and the likely increased neighborhood commercial and mixed-use development within the CDA as a result of this ordinance, staff recommends designating certain City-owned properties within the CDA for public parking uses in order to support such neighborhood commercial uses.
The transition from C-W uses to less intense neighborhood commercial uses (on designated lots) will provide opportunities for small businesses that may directly support the needs of Heart of Cocoa residents. The parking provision will improve traffic flow and pedestrian safety. Introducing commercial uses closer to residential neighborhoods helps reduce the number and length of automobile trips by encouraging pedestrian and bike travel. This initiative supports the City’s infrastructure goals by enhancing accessibility and walkability within the CDA.
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.
Staff Finding: The proposed amendment expands the permitted uses in the RU-2-10 district to include neighborhood commercial activities and mixed-use developments. This aligns with the Comprehensive Plan’s goals of promoting diverse land use patterns that support residential growth while accommodating compatible commercial activities in designated areas. The proposed amendment is anticipated to assist in attaining the following cited goals and objectives of the City of Cocoa Comprehensive Plan:
I FUTURE LAND USE ELEMENT
GOAL 1.1 Create and maintain a broad range of land use activities that maximize the City’s potential as a growth center while protecting the public health, safety, welfare, and appearance through the thoughtful planned use and development of the land and public facilities.
Objective 1.1.1: Future Land Use Categories Established. The city hereby establishes land use categories and a Future Land Use Map (FLUM) that provide for compatible and coordinated land uses, allowing for the protection of natural and historic resources as well as maximizing economic development opportunities
Policy 1.1.2.3: Low Density Residential (LDR). Low-density residential areas are neighborhoods of single family detached housing, limited multiple family attached housing and limited clustered single family attached housing. Institutional, open space and recreational uses are also allowed in this category. The following criteria shall be used for determining appropriate locations for low density residential areas.
A. Low-density residential areas shall be buffered from the nuisance effects of higher intensity uses and major traffic corridors.
B. Low density residential developments should be located in areas where more intensive development would be unwarranted due to environmental constraints, incompatible with surrounding land uses, or where criteria set forth in Paragraph c, below, cannot be met.
C. The City may permit increased densities up to 12 units per acre as part of planned residential development or planned redevelopment activities based on the following criteria:
1. Redevelopment through rehabilitation and improvement of substandard or deteriorating housing.
2. For planned redevelopment activities, preservation and improvement of neighborhoods containing affordable single family and multiple family housing, especially where neighborhoods contain vacant lots or abandoned commercial uses.
3. Use of a variety of building and site designs, housing types and efficient construction techniques that lower construction cost.
4. Provide for more efficient use of land and protection of the existing neighborhoods, natural systems, and historic resources.
Objective 1.1.4: Redevelopment. The City shall encourage redevelopment of areas that are exhibiting evidence of decline (i.e., disproportionate number of vacant, dilapidated and/or substandard structures) through redevelopment programs and through maintaining land development regulations that contain standards and procedures to encourage redevelopment where desirable.
Policy 1.1.4.1: The City shall continue to promote vitality and redevelopment of the three community redevelopment areas established pursuant to Chapter 163, F.S.: Cocoa (Downtown) Redevelopment Area, Diamond Square Redevelopment Area and U.S. 1 Corridor Redevelopment Area.
Policy 1.1.4.5: The City shall protect and buffer residential areas in the Cocoa (Downtown) Redevelopment Area from uses of high density or intensity.
Policy 1.1.4.8: The City shall continue to monitor and, as appropriate, conduct parking studies to examine the demand and availability of parking in the Cocoa (Downtown) Redevelopment Area.
Objective 1.1.5: Neighborhood Protection. The City shall ensure that additional growth and development will be respectful of established neighborhoods that define much of the City’s character.
Policy 1.1.5.2: The City shall consider developing neighborhood plans, as needed, to either strengthen preservation of established neighborhoods or encourage redevelopment of transitional neighborhoods.
Policy 1.1.5.3: The City’s land development regulations shall maintain appropriate standards and nuisance regulations to limit the impact of more intense development on established residential zones.
Objective 1.1.9: Sustainability/Energy Efficiency. The City shall aim at achieving a
sustainable/energy efficient environment by minimizing the emission of greenhouse gases and reducing the vehicle miles traveled.
Policy 1.1.9.2: The City shall promote walking, bicycle riding and use of public transit
by requiring compact design, shared facilities between adjacent or nearby uses, and providing for interconnected walkways, bicycle ways and parking, and bus stops as part of development approvals, where applicable.
Objective 1.1.10: Plan Implementation. The City shall maintain, amend and develop land development regulations that guide future growth and development, discourage the proliferation of urban sprawl and implement the goals, objectives and policies of the Comprehensive Plan.
III TRANSPORTATION ELEMENT
GOAL 1.2: The City of Cocoa shall place a strong emphasis on requiring quality
integrated mixed-use development to improve the appearance of the City, increase
property values and achieve a higher quality of life for its businesses, residents and
visitors.
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.
Policy 1.2.1.1: The City should encourage public-private partnership to develop
mixed-use projects at key-locations in the Central Business District, and entice others to do the same.
Policy 1.2.1.2: Development in the Mixed-Use land use category shall provide
pedestrian-friendly street design (examples: buildings close to street; providing porches, windows and doors oriented to the street; treelined streets; hidden parking lots; garages in rear; narrow, slow-speed streets).
III HOUSING ELEMENT
Objective 3.7.5: Community Revitalization. The City shall continue to support the revitalization of its Florida Enterprise Zone, its designated Florida Brownfield Area, the Diamond Square Redevelopment Area and the Heart of Cocoa Area concentrating on issues such as crime, economic development, and affordable housing.
Policy 3.7.5.1: The City shall support reasonable efforts to make these areas
economically diversified neighborhoods with housing, shopping, public transportation, health services, schools, and employment opportunities for all.
Policy 3.7.5.6: The City shall promote design standards that encourage image
improvement opportunities in the neighborhood.
The proposed changes will not negatively impact existing neighborhood and will further the objectives of the Substitute Consent Decree by supporting development for low-density single-family and multi-family housing, and low-intensity neighborhood commercial use.
.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
August 7, 2024 Planning and Zoning Board recommended approval to City Council for approval of Ord 11-2024.
RECOMMENDED MOTION:
Recommendation
Staff recommends the City Council APPROVE First Reading of proposed Ordinance 11-2024.