PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: October 28, 2024
Agenda Date: November 6, 2024
Prepared By: Jennifer Webster - Planner, City of Cocoa
Through: Stockton Whitten - City Manager
Requested Action:
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Consideration of a City-initiated ordinance amending the official Zoning Map designation of sixteen (16) parcels of real property, totaling 8.36 acres, more or less, from Brevard County Single-Family Residential (RU-1-9), General Retail Commercial (BU-1), and Retail, Warehousing & Wholesale Commercial (BU-2) to City of Cocoa General Commercial (C-G).
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BACKGROUND:
The Subject Parcels are generally located adjacent to State Road 520 near the intersections of Virginia Avenue, Ruth Street, and Aurora Street, in Cocoa, Florida, more particularly depicted and described on Exhibit “A”.
These parcels are located in the City of Cocoa taxing jurisdiction. Fifteen (15) of these properties were annexed into the City in 2004 from Brevard County (County), by Ordinance 11-2004, (Exhibit ‘D’) as part of a larger, 26-acre annexation of portions of the Pine Grove Park Subdivision and portions of the Pine Acres Plat. One (1) parcel was later annexed by Ordinance 03-2006 (Exhibit ‘E’). These properties were assigned a Future Land Use (FLU) of Commercial. However, a zoning category was not assigned at the time of the annexations. This makes future development challenging with the absence of a City zoning designation.
Upon analysis, Planning and Zoning staff is recommending these (16) parcels, totaling approximately 8.36 acres, be rezoned to City of Cocoa General Commercial (C-G).
STATISTICS
Future Land Use Designation: Current: Commercial
Zoning District: Prior (Brevard County):
Single-Family Residential (RU-1-9)
General Retail Commercial (BU-1)
Retail, Warehousing & Wholesale Commercial (BU-2)
Proposed: City of Cocoa General Commercial (C-G)
Existing Land Use: Various - Light industrial, misc. retail, personal services, vacant, unused
Council District: District 1 - Councilmember Alex Goins
Legal Ad Date: September 17, 2024 (original hearing date of October 2, 2024, postponed to date and time certain November 6th, 2024)
Overview of Surrounding Area:
|
|
Future Land Use Designations |
Zoning Districts |
Land Uses |
|
North |
Commercial |
General Commercial (C-G) |
Automotive Sales & Repair |
|
South |
Low Density Residential |
RU-1-7 (Single Family) |
Single Family Homes |
|
East |
Commercial |
General Commercial (C-G) |
Automotive & Retail |
|
West |
Brevard County |
Brevard County |
Commercial / Industrial |
ANALYSIS
Brevard County Zoning Comparison and Conformities. Part of the staff analysis in a rezone request is the potential creation of non-conforming lots. The following are descriptions of the Brevard County zoning classifications of the Subject Parcels when they were annexed.
Single-family residential, RU-1-9. There is one parcel in the Subject area with the former County classification of Single-family residential, or RU-1-9. “This residential zoning classification encompasses lands devoted to single-family residential development of spacious character [...]” (Sec. 62-1341, Code of Ordinances of Brevard County). This parcel is currently vacant and unoccupied and will be considered conforming in the City of Cocoa C-G zoning district.
General retail commercial, BU-1. There is one business in the Subject Parcel area with this former classification: the Brevard Sharing Center Thrift Store. “This zoning classification encompasses land devoted to general retail shopping, offices and personal services to serve the needs of the community […]”, (Sec. 62-1482 Code of Ordinances of Brevard County), and is allowed in this County zoning classification as a primary use. It is also allowed as a primary use in the proposed City of Cocoa C-G zoning district, and will be considered a conforming use in City of Cocoa C-G zoning district.
Retail, warehousing and wholesale commercial, BU-2. The remaining 14 parcels in the Subject Parcel area have this former County classification, and are a variety of retail, personal services, light industrial, manufacturing, or are vacant or unused. “This zoning classification encompasses lands devoted to general retail and wholesale business, contracting and heavy repair services and warehousing activities. […]” (Sec. 62-1483, Code of Ordinances of Brevard County).
Two of these businesses in the Subject Parcel area, which are of a light industrial and/or manufacturing nature, were allowed in this County zoning classification but with imposed conditions. However, in the proposed City C-G zoning district, they are not permitted uses and will be considered legally non-conforming, as described in the City of Cocoa Zoning Code ART X, Sec. 4, also discussed below.
The remaining 12 of the BU-2 parcels will be considered conforming in the City C-G zoning district. All of the businesses will be expected to comply with the code requirements and standards for screening, parking, safety, etc. All of the businesses will be required to maintain current business tax receipts with the City, as per the City of Cocoa Code, Chapter 12 - Local Business Taxes.
Legally non-conforming Uses of Land
As mentioned above there are two properties of an industrial and/or manufacturing nature whose uses are not permitted in the General Commercial zoning district and will be considered “legally non-conforming”. This means that they are legal uses, generally, but do not conform with the provisions of the district in which they are located, in this case, the requested City of Cocoa General Commercial zoning district.
The existing industrial and/or manufacturing businesses that are deemed legally non-conforming will be allowed to continue as they have been, as long as they remain compliant with City code requirements and standards for screening, parking, safety, etc. They will not be penalized or be required to bring their site up to conformance with the development regulations of General Commercial, if they have not already done so. However, they will be subject to the following restrictions for legally non-conforming properties per the City of Cocoa Zoning Code ART X, including Sec. 4. - Nonconforming uses of land (Ord. No. 5-98, § 1, 2-10-98):
Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(A) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; unless such use is changed to a use permitted in the district in which such use is located;
(B) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance;
(C) If any such nonconforming use of land ceases for any reason for a period of more than one hundred eighty (180) consecutive days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district which such land is located;
(D) No additional structure which does not conform to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.
I. Rezoning Analysis
The Planning & Zoning staff have studied and considered the following criteria, according to Appendix A of the City of Cocoa, Article XXI, Section 1(G), to show whether or not:
a. The proposed change is contrary to the established land use pattern.
Staff Finding: The surrounding land area consists of primarily commercial use. Therefore, this request is not contrary to the established land use pattern.
b. The proposed change would create an isolated district unrelated to adjacent and nearby districts.
Staff Finding: As noted in the table above, the zoning districts across SR 520 to the north and adjacently east are General Commercial (C-G). The properties adjacent to the south are RU-1-7, Single Family Residential. There is one parcel that has been zoned RU-2-15, Multi-Family. The area of the subject parcels that will be designated as General Commercial (C-G) will not create an isolated district unrelated to adjacent and nearby districts.
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 area to be rezoned, or received a zoning assignment of, General Commercial has been of a commercial character since their annexation in 2004 and 2006. It is anticipated they will remain as is, and are not anticipated to increase or overtax the load on public facilities such as schools, utilities, streets, access. The proposed zoning district (CG) is consistent with the already-established Commercial Future Land Use category, which sets the maximum intensity of commercial development.
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 not illogically drawn. Furthermore, the rezone from the residual, varying County classifications to General Commercial will unify these parcels into one category and extend the existing district boundary to the western City Boundary.
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 proposed rezoning is consistent with Future Land Use Element Policy 1.1.2.9 Commercial in that these areas are “intended to be areas that serve several neighborhoods, sub-regional and regional areas and provide an array of retail, personal and professional uses.” Further, in Figure FLU-1, Standards for Future Land Use Categories, shows that C-G is an applicable zoning district for the Commercial FLU. The proposed rezone to C-G would not have an adverse effect on the Comprehensive Plan.
f. Changed or changing conditions make the passage of the proposed amendment necessary.
Staff Finding: It was recently brought to the City’s attention that a property owner wished to place his property for sale and market it as a commercial property. Without a City zoning designation, this property was unmarketable as there were no associated permitted uses. The assignment of a General Commercial zoning will not only allow this property to be marketed as such, but will resolve the ambiguity of the allowed uses, and will establish the regulations for future commercial development.
g. The proposed change will adversely influence living conditions in the neighborhood.
Staff Finding: As mentioned, the parcels have been a part of the City since 2004 and 2006, and have not significantly changed during that time. It is not anticipated this rezone will adversely influence the living conditions in the southerly adjacent neighborhood. Actually, with a zoning designation assigned, the parcels now have guidelines for redevelopment that will create an opportunity for area improvement.
h. The proposed change will create or excessively increase traffic congestion or otherwise affect public safety.
Staff Finding: It is not anticipated that the proposed rezoning would create or excessively increase traffic congestion or otherwise affect public safety.
i. The proposed change will create a drainage problem.
Staff Finding: As mentioned, the parcels have been a part of the City since 2004 and 2006, and have not significantly changed during that time. At this time, it is not anticipated that the proposed rezoning will create a drainage problem. Any new commercial development in this area will be required to not exceed the maximum lot coverage, or the maximum impervious surface ratio (ISR) that is required for commercial development standards so as not to impact public stormwater areas.
j. The proposed change will seriously reduce light and air to adjacent areas.
Staff Finding: Any new construction is required to meet the requirements of the City Code to ensure light and air to adjacent areas are not reduced. However, as these properties are existing and the intent of this rezoning request is for them to continue in their current uses, it is not anticipated that this rezone will reduce light and air to adjacent areas.
k. The proposed change will adversely affect property values in the adjacent areas.
Staff Finding: As the parcels have not significantly changed since their annexations, it is not anticipated this rezone will adversely affect property values in the adjacent areas. Actually, with a zoning designation assigned, the parcels now have guidelines for redevelopment that will create an opportunity for improvement which will increase property value in the neighborhood.
l. The proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.
Staff Finding: On the contrary, the assignment of the City zoning category of General Commercial is expected to encourage the improvement and development of the subject parcels and adjacent property, given that there will be development standards to follow.
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 is City-initiated and will not constitute a grant of special privilege to the property owners of the subject parcels as contrasted with the public welfare. The proposed zoning designation meets the requirements of the Comprehensive Plan and is consistent with the commercial zoning districts in the surrounding area.
n. There are substantial reasons why the property cannot be used in accord with existing zoning.
Staff Finding: With the absence of a City zoning category, redevelopment is not possible. Assigning the category of General Commercial will now allow the property owners to redevelop their properties.
o. Whether the change suggested is out of scale with the needs of the neighborhood of the city.
Staff Finding: The proposed rezoning is not out of scale with the needs of the area and would be consistent with and an extension of the existing commercial character 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: There are no proposed uses being requested at this time, other than the uses that are permissible in the C-G zoning category. As the uses are existing, they are expected to continue. However, the rezoning of these properties will enable potential for redevelopment of the existing properties.
Consistency with Comprehensive Plan Policies and Objectives
The proposed C-G “General Commercial” zoning designation is consistent with the allowable uses under the “Commercial” Future Land Use per the City of Cocoa Comprehensive Plan, per Figure FLU-1, the Standards for Future Land Use Categories.
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.
If capacity issues relating to any public facilities or services regulated by the City of Cocoa adopted Comprehensive Plan is identified, necessary and appropriate mitigation will be required to be addressed prior to construction.
BUDGETARY IMPACT:
Budgeted N/A
If not budgeted, is amendment/transfer attached? N/A
PREVIOUS ACTION:
Ord. 11-2004 Annexation, adopted May 18, 2004
Ord. 03-2006 Annexation, adopted January 4, 2006
RECOMMENDED MOTION:
Recommendation
Staff requests that the Planning & Zoning Board recommend APPROVAL to City Council Ordinance No. 15-2024 A Consideration of a City-initiated Ordinance amending the official Zoning Map designation of sixteen (16) parcels of real property, totaling 8.36 acres, more or less, and generally located adjacent to state road 520 near the intersections with Virginia Avenue, Ruth Street, and Aurora Street, in Cocoa, Florida, more particularly depicted and described on exhibit “A” attached here to from Brevard County Single-Family Residential (RU-1-9), General Retail Commercial (BU-1), and Retail, Warehousing & Wholesale Commercial (BU-2) to City of Cocoa General Commercial (C-G).