PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: April 24, 2024
Agenda Date: May 1, 2024
Prepared By: Stephen Noto - Planning Consultant
Through: Stockton Whitten - City Manager
Requested Action:
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Consideration of a Land Development Code Amendment to Chapter 18, Subdivisions, to create a new Article VII, Lot Splits and Boundary Line Adjustments, and to make certain other amendments to Chapter 18 as necessary to effectuate the new Article VII; providing amendments to the City’s subdivision application requirements and processing procedures for Preliminary and Final Plats; altering the requirements for posting security to ensure completion of public improvements prior to Final Plat Approval; amending processing procedures for site plans processed concurrently with plat applications; eliminating specific procedures related to flag lots; changing staff designations; and providing for the repeal of prior inconsistent ordinances and resolutions.
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BACKGROUND:
The applicant, City of Cocoa, is requesting an amendment to Land Development Code Chapter 18, as noted in the Requested Action above and attached Ordinance, in order to provide the following updates:
• An efficient “lot split” procedure for the division of a previously platted or otherwise legally recorded lot or tract of land which results in the creation of exactly one (1) additional lot or tract of land rather than require plat approval as is currently required by the City Code.
• An efficient “boundary line adjustment” procedure for the adjustment of a lot line between contiguous lots or parcels.
• Other changes to Chapter 18 to effectuate the new lot split and boundary line adjustment procedures.
• Plat application requirements and platting procedures in the City of Cocoa to require certain documents with plat applications, public notice of hearings is adequately provided, and to ensure that the performance and construction of public improvements associated with a subdivision is adequately secured.
• The processing and public hearing process for site plans and final engineering plans or drawings.
• Removal of the previous flag lot process.
All proposed updates can be seen in the attached Ordinance. The below analysis is required by the Land Development Code and provides details on some of the requested updates.
I. Staff Analysis
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.
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.
a. Need and justification for the change;
Staff Finding: The initial purpose of the amendment was to provide for a clear Lot Split and Boundary Line adjustment process. The way the code is currently structured, if an applicant wished to subdivide land into two or more lots, they would be required to go through the full platting process. There were four exceptions to this requirement, as currently provided for in the definition of Subdivision:
(1) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as required by the city zoning ordinance.
(2) The division of land into parcels greater than five (5) acres where no street right-of-way dedication is involved.
(3) The public acquisition of strips of land for the widening or opening of streets.
(4) The division of a tract of land in single ownership whose entire area is not greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the city as required by the city zoning ordinance.
There is currently not a process for applicants to follow if a property met any of these exceptions, and property owners would simply effectuate land divisions through the recording of deeds with the Brevard County Clerk of Court. These exceptions could result in the creation of lots that do not have sufficient buildable area or that do not conform to current zoning standards as they did not involve city approval. In addition, state law only requires a subdivision plat to be approved in the event that the division of land results in three lots or more. The City of Cocoa’s current requirement to submit a subdivision plat for all divisions of land into two or more lots (except where an exception applies) is more onerous than state law requires.
These issues have been resolved through the amendment of the definition of “Subdivision” to mean only the division of land into three or more lots, consistent with state law, and the creation of the ‘Boundary Line Adjustment’ and ‘Lot Split’ procedures to uniformly process the division of land into not more than two lots and handle boundary adjustments in a more efficient manner with city approval. Separate procedures for the creation of flag lots are no longer necessary.
The review of a Lot Split, as detailed in the Ordinance, requires a full staff review, and approval by City Council, as also detailed in updates to Section 18-5. Boundary Line Adjustments, being more simplistic in nature, may be approved by the City Manager or his/her designee. The code amendments create a formalized process and will help the City better maintain files related to such requests. This will also improve Intergovernmental Coordination efforts between the City, the Property Appraiser, and the Clerk of the Court office.
Significant process updates were also required of Article II, Plats and Platting Procedures. As outlined in the updated Section 18-27, preliminary plats are now required to be submitted with a companion final engineering drawing, with few exceptions. These two plans are to be reviewed concurrently in most cases. This is to ensure that both engineering drawings and the plat are consistent with each other and conform to all code requirements, such as lot dimensions and setbacks, and reflect all necessary easements and adequately provide for common infrastructure for the development such as utilities and the like, and are properly reviewed and followed on the eventual final plat. Formal public notice requirements have also been added to Section 18-28, and Section 18-33 (Final Plat) as such requirements were not previously specified in the City Code.
Updates to Section 18-31(B), Improvement and maintenance security, provide improved financial protection for the City related to the construction of public improvements that are required of a project in the event that all public improvements are not substantially completed prior to the application for final plat approval. In addition, an advisory notice will be required on the face of a final plat, under the Mayor’s signature block, advising prospective lot purchasers that a final plat was approved prior to completion of common amenities in the event they have not been substantially completed at the time of final plat approval.
Finally, the City Council will now be required to approve site plans/final engineering drawings that are submitted in conjunction with a subdivision plat. The Planning and Zoning Board will make a recommendation only. This is to avoid the current situation where City Council approval of a preliminary plat is required, but the Planning and Zoning Board is the final decisionmaker on the site plan or final engineering drawings that accompany the preliminary plat.
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:
This amendment is consistent with the following policies:
Future Land Use Element
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 1.1.5.3: 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 1.1.10: 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 this comprehensive plan.
Policy 1.1.10.1: The City shall maintain land development regulations as required by F.S. that shall contain specific and detailed provisions required to implement the Comprehensive Plan.
Policy 1.1.10.2: Future development and redevelopment activities shall be directed toward appropriate areas considering the topography, soil conditions and availability of facilities and services, and consistent with sound planning principles, minimal natural constraints, and the goals, objectives, and policies provided in the Comprehensive Plan.
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.
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.
Objective 3.7.3: Land Development Regulations. To the greatest extent possible, the City’s land development regulations shall not contribute to increased housing costs.
Policy 3.7.3.1: The City shall conduct periodic reviews of existing land development regulations and consider before adoption, policies, procedures, ordinances, regulations, or plan provisions that may have an impact on the cost of housing.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
Enter text here
RECOMMENDED MOTION:
Recommendation
Staff recommends that the Planning & Zoning Board recommend APPROVAL to City Council regarding the proposed Ordinance 06-2024.