PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: November 27, 2023
Agenda Date: December 6, 2023
Prepared By: Stacey Hopper - City Planner
Through: Stockton Whitten - City Manager
Requested Action:
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Recommend approval of proposed Ordinance 24-2023, a zoning text amendment, amending Chapter 3, Advertising and Signs, Section 3-23, General Regulations, of the Code of the City of Cocoa regarding Flags, providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code severability, and an effective date.
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BACKGROUND:
The applicant, is requesting the Planning and Zoning Board consider an amendment of the General Regulations, Advertising and Signs, Section 3-23 regarding Flags.
The applicants flag pole contractor submitted a permit for a 130’ flag pole with a 40’ by 80’ flag. The applicant has contracted with this flag pole company to provide flags and poles to all of the applicant’s properties around the country. According to City of Cocoa regulations, the maximum flag pole height is 32’ high with a flag height no larger than 25% of the flag pole height. As this project would not qualify for a waiver, and does not fit the definition for a variance, city staff was asked if a tailored ordinance could be created to allow flag poles and flags of this size in specifically designated locations at major intersections adjacent to Interstate 95.
Ordinance 24-2023 proposes flag poles above the standard height of 32’ be allowed only on commercial properties and be within 1500’ of an Interstate 95 intersection. Further, no non-standard flag pole shall be allowed closer than 1000’ to another non-standard flag pole and no more than one flag may be flown at a time on the pole.
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Project Name: |
Zoning Ordinance Text Amendment - Advertising and Signs, Ordinance 24-2023 |
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Project No.: |
PZ-23-02000008 |
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Meeting Date: |
December 6, 2023 |
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Applicant: |
Camping World of Cocoa |
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Property Owner: |
National Retail Properties, Inc |
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Project Location: |
4680 Highway 520, Cocoa, FL 32926 |
Future Land Use Designation: Commercial
Zoning District: Zoning Not Assigned
Existing Land Use: Commercial
Council District: District 3
Legal Ad Date: November 21, 2023
I. Zoning Ordinance Amendment Analysis
In accordance with Section 1(G)(2), Article XXII, Appendix A (Zoning), of the Code of the City of Cocoa, the Planning and Zoning Board shall consider and study the following when an amendment to the zoning code is proposed:
a. The need and justification for the change.
b. The relationship of the proposed amendment to the purposes and objective of the comprehensive planning programs and to the comprehensive plan, with appropriate consideration as to whether the proposed changes will further the purposes of [the] zoning code and other codes, regulations, and actions designed to implement the comprehensive plan.
Need and justification for change
Need: The existing City of Cocoa code limits flag and flag pole sizes within densely populated residential and commercial areas in an effort to limit visually cluttering and competing flag and advertising signs. Large, sparsely populated commercial areas, adjacent to the interstate provide an opportunity for large flags without the concern of overburdening the senses with an over-abundance of visual distraction.
Justification: The proposed Ordinance seeks to allow erection of a large-scale flag and flag pole, within certain specifically designated areas and zoning districts adjacent to major intersections with I-95. The city seeks to allow this flag and flag pole, and future others, to encourage business growth through the subtle advertising and target marketing of this and other business’s primary customer base.
The narrow tailoring of this ordinance, set to specific locations, near I-95 interchanges and limited only to Commercial Zoning Districts is designed to encourage cooperation with all business, who are within the designated area and wish to create a brand identity through the display of a large format flag.
Summary: In summary this ordinance furthers business development and relations between the city and the business community, expands the potential for growth and business retention and facilitates a growing economic base within the city of Cocoa.
Following Staff Analysis, the proposed Ordinance, attached as Exhibit A, Ordinance 24-2023 is recommended to the Planning and Zoning Board.
If approved, the proposed Ordinance will impact commercial businesses within a 1500’ of a I-95 intersection through the patriotic display of a large format flag and flag pole.
Relationship and consistency with Comprehensive Plan Policies and Objectives
The proposed ordinance will not negatively impact existing neighborhoods and will help to increase the retention of existing business within the city of Cocoa with this non-monetary economic incentive.
• Objective 1.3.1 - Economic Base Enhancements. The City shall seek to establish and maintain a stable and growing economic base through strategic incentive programs and diversification of the economy.
STRATEGIC PLAN CONNECTION:
N/A
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDED MOTION:
Recommendation
Staff recommends that the Planning and Zoning Board recommend approval of Ordinance 24-2023 as presented.