PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: December 6, 2023
Agenda Date: December 6, 2023
Prepared By: Stephen Noto - Planning Consultant
Through: Stockton Whitten - City Manager
Requested Action:
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Consideration of a Zoning Map Amendment for a +/- 1.002-acre portion of property located at 825 Forrest Ave., from INST (Institutional) to RU-2-15 (Multiple Family Dwelling).
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BACKGROUND:
The applicant, Ms. Hannah French of The Porchlight Foundation Inc., on behalf of the property owner, Mr. Paul Thonnard of Charity Properties, LLC., is requesting to amend the Zoning Map designation of property located at 825 Forrest Ave. The rezoning amendment is for +/- 1.002-acres of the +/- 5.88-acre Subject Property from INST, Institutional, to RU-2-15, Multiple Family Dwelling. The Brevard County Parcel ID of the Subject Property is 24-36-28-76-A. The Subject Property is located at the northwest intersection of Grimes St., and Forrest Ave., and the northeast intersection of US HWY 1 and Hillcrest Dr. On July 25, 2023, the City Council adopted Ordinance 06-2023, which amended the Future Land Use Map (FLUM) designation of the Subject Property from COMM, Commercial, to HDR, High Density Residential. The purpose of the FLUM amendment was to complete the first step of regulatory amendments prior to submittal of this rezoning request. During that process, it was noted that an eventual rezoning request to RU-2-25 would occur on a portion of the project, generally stated as the “western portion” of the site. This request, however, is to rezone to RU-2-15.
The reason for the request is that the Applicant wishes to expand the existing Matthew’s Hope facilities on-site to include multi-family units in the +/-1.002 acres of the +/- 5.88-acre Subject Property and to include the existing day care facility, which received Special Exception approval from the Board of Adjustment on February 1, 2023, within the partial rezoning area. The specific location of the rezoning area is more centrally located on the site as opposed to being on the “western portion”, as shown in the exhibits attached to this staff report. The planned use for the rezoning area is to provide low-income multi-family units as part of the Matthew’s Hope organization that currently operates on the Subject Property. The multi-family units would be constructed within a portion of the existing structure in space that previously was utilized as classrooms for the former church.
The existing zoning of Institutional permits religious institutions and associated educational and recreational facilities. The Subject Property was previously zoned RU-2-15 on the eastern portion of the property, and RU-2-25 on the western portion. The purpose of the previous zoning change to Institutional in 2016 was to provide for an electronic sign, which are not permitted in residential zoning districts.
Future Land Use Designation: Current: High Density Residential
Zoning District: Current: INST (Institutional)
Proposed: City of Cocoa RU-2-15 (Multiple Family Residential)
Existing Land Use: Religious / Social Service Area
Council District: District 2 - Deputy Mayor Hearn
Legal Ad Date: November 20, 2023
Overview of Surrounding Area:
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Future Land Use Designations |
Zoning Districts |
Land Uses |
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North |
COMM, Commercial |
C-N, Neighborhood Commercial |
Financial Institution |
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South |
COMM, Commercial |
RU-2-15, Multiple-Family Dwelling |
Single-Family Residences; Mixed-Use Commercial Property |
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East |
NCOMM, Neighborhood Commercial; COMM, Commercial. |
C-N, Neighborhood Commercial |
Improved County Land; Retail Stores; Single-Family Residences; Warehousing, Distribution, and Trucking Terminal |
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West |
COMM, Commercial |
C-W, Wholesale Commercial |
Mini-Warehousing |
I. Rezoning Analysis
The Planning & Zoning Division staff have reviewed the criteria contained in Appendix A of the City of Cocoa, Article XXI, Section 1(G) as follows:
a. The proposed change is contrary to the established land use pattern.
Staff Finding: The surrounding land areas consist of a mixture of residential, non-residential, and institutional uses. The residential uses consist of land zoned RU-2-15, with Commercial Future Land Use, developed as single-family homes.
The proposed RU-2-15 zoning district is not contrary to the established land use pattern. The Applicant will be required to comply with the development standards of the RU-2-15, Multiple-Family Dwelling District of the Code of Ordinances. The proposed partial rezoning area would encompass 1 acre of the subject property which currently includes the day care center and classroom buildings, which are located on the northern portion of the site and buffered from the single-family homes to the south on Hilcrest Drive.
b. The proposed change would create an isolated district unrelated to adjacent and nearby districts.
Staff Finding: As noted in the table above, the surrounding zoning districts are a mixture of C-N, RU-2-15, C-N, C-W, and INST. The area of the Subject Property that will be designated as RU-2-15 will not be isolated or unrelated to the 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 is +/- 1.002-acres in size. The proposed R-2-15 zoning district allows for a maximum of 15 dwelling units per acre for multi-storied structure, or 10 units per acre for single-story structures. Both densities are less than what is allowed by the current FLU of HDR (High Density Residential), which has a maximum of 25 units per acre. As a result, the maximum number of units that may be developed across the +/- 1.002-acres proposed for rezoning is 15. Per the Applicant, their plan is to build six (6) dwelling units by converting the existing classrooms into multi-family dwellings. The proposed change will not materially alter the population density pattern given the surrounding FLU and zoning categories and will have minimal impact on public facilities given the maximum units within the +/- one acre proposed for rezoning. The proposed rezoning constitutes a smaller area of the property than was previously zoned RU-2-15 and RU-2-25 prior to 2016.
d. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.
Staff Finding: The Subject Property was previously zoned RU-2-15 on the eastern property, and RU-2-25 on the western portion. The purpose of the previous zoning change to Institutional was to provide for an electronic sign. The existing district boundaries are illogically drawn based on the conditions of the area proposed for change which already includes a day care facility, as the proposed RU-2-15 area is only +/-1.002 of the Subject Property’s +/-5.88 total acres. The area to be changed currently acts as a day care facility, classroom building, green space and small portion of the existing building that is adjacent to the north side of Hillcrest Dr.
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 existing FLUM designation of the subject property is HDR. The proposed rezoning is consistent with Future Land Use Element Policy 1.1.2.3. Further, Figure FLU-1, Standards for Future Land Use Categories, showed that RU-2-15 is an applicable zoning district for the HDR FLU category.
f. Changed or changing conditions make the passage of the proposed amendment necessary.
Staff Finding: The Applicant has stated that “as the needs of the community have changed” they have proposed the partial rezoning in order to support their low-income housing initiative and to accommodate the low-cost day care facility on site. Any additional uses beyond what are allowed by the existing Institutional zoning, which is a limited number, requires a rezoning The proposed rezoning will accommodate the existing daycare use on site and will be consistent with the surrounding zoning districts and mix of residential, commercial, and institutional uses.
g. The proposed change will adversely influence living conditions in the neighborhood.
Staff Finding: The maximum density allowed by the FLU designation is 25 units per acre. The proposed rezoning to RU-2-15 will limit the +/- 1.002-acres to a maximum of 15 dwelling units. The applicant is proposing to provide six dwelling units. In either case of six or fifteen dwelling units, the proposed change will not adversely influence living conditions in the neighborhood as the partial rezoning area is buffered from the single-family residences on Hilcrest by the existing parking lot and former church/Matthew’s Hope buildings. The form of the Subject Property is not anticipated to change, in that access points and building footprint are anticipated to remain the same. The intended use of the area to be rezoned is expected to improve the living conditions of those that are unable to currently house themselves as they transition to stable housing.
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. As noted above, the maximum density of 15 dwelling units per acre is less than what is allowed under the MDR Future Land Use designation. Police protection is provided by the City of Cocoa Police Department. They indicate that they will be able to provide crime prevention and police protection services at the same level of service provided to other City residents and businesses with existing resources.
Fire Protection is provided by the City of Cocoa’s Fire Station No. 2 (300 Brunson Avenue) which is located south of the subject parcel. All stations will continue to provide Enhanced BLS (Basic Life Support) services and fire prevention and protection services.
i. The proposed change will create a drainage problem.
Staff Finding: The applicant will be required to provide full engineering design as part of the site plan review process. That plan will be required to meet all relevant City standards related to site plans, to include drainage. It is not anticipated that the project will create a drainage problem as any potential issues will be reviewed and address by Staff during the site plan review process.
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. It is not anticipated that this project will reduce light and air to adjacent areas.
k. The proposed change will adversely affect property values in the adjacent areas.
Staff Finding: It is not anticipated that property values would be affected by the proposed rezoning. As previously mentioned, the area to be rezoned is +/-1.002-acres of the total +/-5.88 acre that make up the Subject Property. It is not anticipated that the zoning change will adversely affect property values in the adjacent areas.
l. The proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.
Staff Finding: It is not anticipated that the proposed rezoning would be a deterrent to the improvement or development of adjacent property. None of the surrounding properties are vacant, and the rezoning is not anticipated to functionally impact any surrounding parcel.
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 will not constitute a grant of special privilege to the property owner of the subject property as contrasted with the public welfare. The proposed zoning designation meets the requirements of the Comprehensive Plan and is consistent with the residential zoning districts in the surrounding area.
n. There are substantial reasons why the property cannot be used in accord with existing zoning.
Staff Finding: As previously mentioned, the zoning district of Institutional allows a limited number of uses:
1) Public and semipublic buildings such as government administrative offices, public safety buildings and uses of a similar nature.
2) Public and private schools and learning centers.
3) Religious institutions and associated educational and recreational facilities.
4) Health institutions, including but not limited to hospitals, clinics, nursing and convalescent homes.
5) Cultural institutions, including but not limited to museums, libraries, community centers, and art galleries.
6) Public parks and playgrounds.
7) Utilities and associated equipment facilities; public and private.
Residential uses are not a permitted, accessory, or special exception use. As a result of this limitation, the property cannot be used as proposed by the Applicant, without a rezoning.
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 complement the existing residential scale 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: It is not impossible to find other adequate sites in the city for the proposed use, however the Subject Property currently operates as Matthew’s Hope Ministries, and this rezoning request is due in part to the expansion of their services on the Subject Property.
Consistency with Comprehensive Plan Policies and Objectives
The proposed RU-2-15 zoning designation is consistent with the allowable uses under the “High Density Residential” Future Land Use per the City of Cocoa Comprehensive Plan.
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. However, because the maximum density remains unchanged and is in fact less than prior density permitted on the property, no further impact to public facilities is anticipated.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
PZ-23-00000001 -02/01/23 A Special Exception was approved for the Matthews Hope daycare.
PZ-00500002 -07/25/23 - Ordinance 06-2023 - Future Land Use (Comprehensive Plan Amendment) changing the FLU designation from Commercial to High Density Residential.
RECOMMENDED MOTION:
Recommendation
Staff recommends that the Planning & Zoning Board recommend APPROVAL to City Council of the Zoning Map Amendment consistent with Appendix A, Zoning, Article XXI, to change the Zoning Map designation of a portion of one parcel, that portion totaling +/-1.002-acres, from INST (Institutional) to RU-2-15 (Multiple Family Dwelling).