CITY COUNCIL AGENDA ITEM
Memo Date: November 8, 2023
Agenda Date: November 14, 2023
Prepared By: Stacey Hopper, Community Planner
Through: Stockton Whitten, City Manager
Requested Action:
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Pass on SECOND READING Ordinance 17-2023, an Expedited State Review Comprehensive Plan Text Amendment to expand the very limited geographic area by which vertical mixed-use projects may be built at 125-units per acre, to include a +/- 4.32 acre parcel of City-owned land located at 915 Florida Ave., Cocoa, Florida (Brevard County Tax Parcel ID 24-36-33-80-23).
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BACKGROUND:
The applicant, City of Cocoa, requests to amend Future Land Element Figure FLU-1 Note 9, Figure FLU-2, and Policy 1.1.2.6, Mixed-Use (MU), to expand the very limited geographic area by which vertical mixed-use projects may be built at 125-units per acre, to include a +/- 4.32 acre parcel of City-owned land located at 915 Florida Ave., Cocoa, Florida (Brevard County Tax Parcel ID 24-36-33-80-23).
Future Land Use Designation: Current: MU, Mixed-Use
Zoning District: Current: C-C, Core Commercial District
Existing Land Use: Municipally Owned Land - Vacant
Council District: District 1 - Councilmember Goins
Legal Ad Date: August 1, 2023
Overview of Surrounding Area:
|
|
Future Land Use Designations |
Zoning Districts |
Land Uses |
|
North |
LDR, Low Density Residential; MU, Mixed-Use |
RU-2-10, Low Density Single-Family and Multiple-Family District; C-C, Core Commercial District |
Vacant Residential/Single Family Residential/Utility |
|
South |
City of Rockledge Redevelopment Mixed Use |
City of Rockledge RMU, Redevelopment Mixed Use |
Multiple Tenant Retail Store |
|
East |
MU, Mixed-Use |
C-C, Core Commercial District |
Mixed Use Commercial Property/Retail Store |
|
West |
MU, Mixed-Use |
C-C, Core Commercial District |
Vacant Commercial Land |
Background
The proposed comprehensive plan amendment has been administratively initiated by the City of Cocoa and is being presented pursuant to the requirements of Chapter 163, Florida Statutes, Community Planning Act, and Section 15-1 of the City Code. The Local Planning Agency is required to make recommendations to the City Council regarding the proposed comprehensive plan amendments based on the criteria set forth below.
Over the last several years, the City of Cocoa has created multiple policies to ensure that redevelopment opportunities within the Community Redevelopment Agency (CRA) are available. The City created the MU, Mixed Use, Future Land Use (FLU) Designation in 2010. The FLU Element of the City’s Comprehensive Plan states that the Mixed-Use land use category (MU FLU) is intended to provide a mixture of residential, commercial, office, recreational and institutional uses along the major transportation corridors. The majority of parcels within the City that are designated as MU are generally located adjacent to certain portions of SR 520, US 1, Brunson Blvd., King St., and the Cocoa Village Area, as more accurately shown on the attached FLU Map.
The density that is allowed within the MU FLU category is typically 25 du/acre and includes a bonus of up to 5 du/acre if residential housing units are developed as part of a vertical mixed-use project, per FLU Element Policy 1.1.2.6, which brings the max du/acre total to 30 du/acre. To create additional opportunities, the City adopted policies that allow for vertically mixed-use projects to occur on +/- 4.5 acres within the Cocoa Village Subdistrict to develop at densities of up to 125 du/acre, subject to and conditioned upon a development agreement approved in the discretion of the City Council after consideration of many factors outlined in Policy 1.1.2.6 via Ordinance 07-2022. In addition, four parcels totaling +/- 1.4 acres (the 603 Brevard site, formerly city hall) have been designated with a commercial/mixed use large (CL) building type on the Cocoa Waterfront Overlay District Regulating Plan, which allowed vertically mixed-use buildings constructed to a maximum of eight (8) stories in height, again subject to approval of a Development Agreement by the City Council, via Ordinance 06-2018.
The +/- 4.5 acres of property that may be permitted to develop at this density, are shown in the map below, which is the currently adopted Figure FLU-2 in the City’s Comprehensive Plan, and contemplated the below development programming:
|
Address |
Property Type |
FAR/Commercial Use# |
Residential Units |
Acres |
DU/acre |
|
430 Brevard |
Mixed Use |
10,000 sq. ft. Co-working and 3,000 sq. ft. retail |
243 |
1.95 |
125 |
|
505 Brevard |
Mixed Use |
16,754 sq. ft. Bank |
166 |
1.33 |
125 |
|
630 Brevard* |
Hotel |
107 Hotel rooms, 4,885 sq. ft. Retail, 6,798 sq. ft. Restaurant and Bar |
156 |
1.25 |
125 |
|
Total |
|
|
565 |
4.53 |
|
The current request looks to build upon those adopted policies. The City of Cocoa owns +/- 4.32 acres of property at 915 Florida Avenue (subject property) at the southwest corner of Rosa Jones Dr., and Florida Ave. The subject property is currently noted within the Regulating Plan of the City of Cocoa Waterfront Overlay District as part of the South End (SE) Sub-District. The subject property also has the MU, Mixed Use, FLU designation, and the C-C, Core Commercial, zoning district.
The City wishes to maximize the redevelopment potential of the subject property by expanding the very limited geographical area where residential densities of up to 125 du/acre may be developed as vertical mixed-use projects, via a developer’s agreement, to include the subject property.
For the reasons expressed further below, staff believes that the proposed expansion of the limited geographical area eligible for the 125 du/acre density is compatible with the City’s Comprehensive Plan and the Cocoa Redevelopment Agency Redevelopment Plan. Importantly, the 915 Florida Avenue subject property was the former Oaks Mobile Home site, which the City acquired for purposes of redevelopment in 2016. The Cocoa Redevelopment Agency (Cocoa CRA) continues to seek major redevelopment opportunities to revitalize the Cocoa Community Redevelopment Area. The proposed amendment will continue to promote a more intense redevelopment consistent with the Redevelopment Plan. Specifically, the Redevelopment Plan identifies 915 Florida Avenue as one of two “High Priority” “Catalyst Mixed Use Development Sites” in the Cocoa Community Redevelopment Area.
The Redevelopment Plan further provides: “In the South of the Village Sub-District the City acquired the former Oaks Mobile Home Park, a primarily vacant mobile home park with dilapidated and uninhabitable units, at the corner of Florida Avenue and Rosa L. Jones Blvd. The site is comprised of one main parcel and a smaller companion parcel, totaling just under 5 acres of vacant land immediately suitable for development. This residential project is expected to serve as a catalyst for additional residential development in and around the Heart of Cocoa, although the site lies just outside the boundaries of the Heart of Cocoa, on the south side of Rosa L. Jones Boulevard.” The Redevelopment Plan also suggests that the Cocoa CRA consider a residential redevelopment opportunity on the vacant/underutilized land south of Rosa L. Jones Blvd. between Florida Avenue and US-1 (mobile home site); acquire property or partner with private developer to purchase or develop the land; and budget appropriately for this action.
While the City has attempted to facilitate redevelopment of the 915 Florida Avenue property through prior requests for proposal, such efforts ultimately were not successful. Given the clear identification of the 915 Florida Avenue site as one of two sites in the Cocoa CRA that constitute high priority, catalytic redevelopment sites, the extension of the additional density of up to 125 du/acre, subject to and conditioned upon a future development agreement approved by the City Council, will facilitate the goals and priorities of the Cocoa CRA.
It should also be noted that the 603 Brevard (former City Hall), Chase Bank, and Bank of America sites were selected, in part, as eligible for the 125 du/acre program because these sites balanced the need to preserve the historic character of the Cocoa Village and waterfront while incentivizing redevelopment of old, non-historic buildings/sites that have outlived their relative usefulness. Historical properties such as the Porcher House, Cocoa Village Playhouse, Myrt Tharpe Square, Riverfront Park, Derby Street Chapel, and St. Mark’s were buffered by existing right-of-way or located a significant distance away from the area affected by the prior Comprehensive Plan Amendment.
These principles continue to apply to the proposed expansion of the 125 du/acre program to 915 Florida Avenue. As stated above, the site is vacant and was formerly a mobile home park. The subject property is located a distance away from all of these identified historical buildings. Although the site is located south of Rosa L. Jones Drive and across from the historical low residential density African American Neighborhood, commonly referred to as the Consent Decree Area (aka “Heart of Cocoa”), the subject property is also located on Florida Avenue, which borders the Consent Decree Area on the east and has undergone commercial revitalization in recent years and enjoys the benefits of the enhanced pedestrian streetscape installed on Florida Avenue. The site is also uniquely positioned near U.S. 1 and is bordered on the south by the City of Rockledge’s Redevelopment Mixed Use Area, which will likely be redeveloped to include up to 284 apartment units. The low-density residential character of the Consent Decree Area will be maintained and, as identified in the Redevelopment Plan, it is anticipated that a high-quality, mixed-use redevelopment project will encourage additional, low density development in the Heart of Cocoa.
This request requires updating Future Land Element Figure FLU-1 Note 9 as follows (underline print notes the included text):
“9. Notwithstanding the base level maximum density stated in the above chart and Notes 2 & 3, the maximum density may be increased by the City Council for certain approved redevelopment projects on properties designated Cocoa Village and South End Subdistrict with a Commercial/Mixed Use Large (CL) building type on the Cocoa Waterfront Overlay District Regulating Plan pursuant to Policy 1.1.2.6.”
and Policy 1.1.2.6, Mixed-Use (MU) as follows:
“A. The vertical mixed-use project is located in the downtown community redevelopment area and on property designated Cocoa Village Subdistrict or South End Subdistrict on the Cocoa Waterfront Overlay District Regulating Plan and located on real property designated (shaded outlined) on the following map:”
“(iv). Compatibility and harmony with the special and distinctive character of the Cocoa Village, including the South End Subdistrict, if applicable, and waterfront district;”
The following analysis provides for technical detail related to the request and the potential impact to City services.
Consistency with Comprehensive Plan Policies and Objectives
Pursuant to the City’s Land Development Regulations Chapter 15, Article Il, Sec. 15-11(c) - Comprehensive Plan Amendment Standards, the following shall be considered by Land Planning Agency and City Council:
a. Whether the proposal favorably or unfavorably impacts the city's budget, or the economy of the region.
Staff Finding: The request to include the +/- 4.32 acres (915 Florida Avenue) to the existing policies will have a positive economic impact to the City and the economy of the region. As was noted in the 2022 staff report related to the creation of the 125 du/acre density program, the addition of the subject property would allow for greater development opportunities of property within the City, thus increasing land value, generating Cocoa CRA taxes and benefiting the local economy through the spending power of new residents.
The original +/- 4.5 acres that were included in the program had an estimated assessment value of $90 million. Of note is that the subject property is currently City owned and currently not on the tax rolls. Through private development, the City, its residents, and business owners, will greatly benefit from the private investment that would occur on the property and the increased assessed values impact on the tax rolls.
The property is also uniquely situated to the south adjacent to the City of Rockledge city limits. The parcel(s) to the south have a zoning and future land use designation of Redevelopment Mixed Use (RMU). While the City of Rockledge doesn’t have a density program as unique as the 125 du/acre program, the RMU does allow for densities up to 25 du/acre and New Urbanism design standards, similar to the City of Cocoa’s vision for the Central Business District-Cocoa Village Overlay (CBD-CVO), and Waterfront Overlay District Regulating Plan. This type of land use adjacency and compatibility allows for a unique form of cross-jurisdictional economic impact that would greatly benefit both the City of Cocoa and the City of Rockledge. It may also allow for maximization of development design by incorporating similar bulk design standards and connectivity, which could also significantly benefit both Cities goals and objectives.
b. Whether the proposal will diminish the service level of public facilities.
Staff Finding: Objective 14.1.1 of the Comprehensive Plan, Capital Improvement Element establishes the adopted level of service (LOS) standards for public facilities within the City. The LOS standards are as follows:
The analysis done in October 2022 found that the amendment to create the policies for the +- 4.5 acres would not negatively affect or diminish the service levels of applicable public facilities. Construction of high-density mixed-use projects within the City’s urban core provides for coherent and economical use of the City’s resources and infrastructure. Allowing high density mixed-use in the City will increase the land area available in the City for residential housing and commercial uses. These potential developments will reduce automobile dependency and increase the ability of residents to live a more sustainable lifestyle due to residents’ proximity to services, job opportunities, retail and entertainment. Such high-density residential and mixed-use projects will be located in the dense areas of the City where public facilities are available.
Potable Water: The City’s utility infrastructure is capable of serving the proposed units with adequate water and pressure for its potable water system and its reclaim water system. The location of the site provides for efficient and effective provisions of service.
Reclaimed Water: Although the City does not have a specific LOS for reclaimed, the City has reclaimed services available. The developer will be required to hook-up to reclaimed services and such services will be provided in accordance with the City’s terms and conditions of reclaimed service.
Wastewater: The Wastewater LOS may be impacted by the additional density conditionally authorized in the proposed amendments. If a project were developed at the very maximum density allowed at 915 Florida Avenue, the threshold capacity allowed by the Sewer Master Plan and Capital Facility Plan likely will be exceeded for gravity sewer lines in the Cocoa Village should other sites eligible for the 125 du/acre program also be constructed at maximum density. The additional flows would likely also impact existing Lift Station #2, requiring modifications to the Station to meet LOS. As a result, upgrades to the sewer system would likely be necessary to achieve maximum density allowed by this amendment. It should be noted that impact on public facilities is a factor for the City Council to consider when entering into a development agreement that would authorize density for a particular project. Further, concurrency analysis and required studies will be conducted and reviewed as part of any site plan approval process for a particular proposed project.
Electrical Service: The proposed sites are currently served by Florida Power and Light and would continue to be serviced with any redevelopment.
Solid Waste: The City of Cocoa has a contract with Waste Management for all solid waste disposal. The current sites are currently served by Waste Management and will continue to be served through the City contract. Solid Waste service shall be provided to the sites in accordance with the applicable LOS standards and pursuant to the applicable requirements of the Waste Management Agreement and City Code.
Stormwater: The City requires site development techniques that encourage more efficient and climate resilient development practices that include, low impact development techniques that provide for site design, engineering and stormwater management to reduce stormwater runoff, encourage greater onsite storage and mitigate flood impacts such as pervious pavement and native vegetation. Any future development of the subject property will need to meet the climate resilient development practices for stormwater and will greatly improve the existing conditions of today. A full engineering and stormwater study will be required at time of site plan and will be reviewed by the City and St. John’s River Water Management District to ensure compliance with all applicable codes.
Transportation: The proposal may minimally reduce the current level of service (LOS) of roadways within the impact area. The adopted minimum LOS for Florida Ave is “E”, and U.S. 1 is adopted at LOS “D”. Per the Space Coast Transportation Planning Organization (TPO) Transportation data Management System, 2-way data collected on Florida Ave. adjacent to Orange St., showed 4,080 average annual daily trips (AADT) in 2022. Similarly, US 1 adjacent to Orange St., showed 32,790 AADT in 2022.
Based on a preliminary analysis, if the subject property were developed with 375 dwelling units, and 35,000 sq. ft. of commercial space, approximately 3,805 daily trips would be generated. Based on that information, and as of the most recent AADT counts, there are over 11,000 AADT’s available on Florida Ave. and over 30,000 AADT available on US1 for both roadways to continue to operate within their adopted LOS (Space Coast TRP ‘Segments Functional Classification, Maximum Acceptable Volume - MAV - and Levels of Service - LOS, 2020).
A full traffic study will be required when a full development proposal is provided to the City.
Police: The City is committed to provide adequate police protection to all citizens. The department is continually evaluating the effectiveness of police services to provide a professional service at the highest level possible.
Fire: Due to the area of the amendment being in the core of the City, the amendment will not affect the Fire level of service in a noticeable way. The area is in the primary response zone of Cocoa Fire Rescue Station #2, on Brunson Blvd, which houses a 100’ Tower (ladder) truck w/ firefighting capabilities and a quick response medical squad. Backup to the area would be provided by Cocoa Fire Department Station 1 & 3 which each house 1 Engine Company & Station 1 is led by a District Chief. Mutual aid in the event of a fire would be provided by Brevard County Fire Rescue & Rockledge Fire Departments.
Schools: The subject property is located in the following Concurrency Areas: Tropical Elementary, McNair Middle, and Rockledge High School. A Concurrency Determination must be performed by the School District prior to a Final Development Order and the issuance of a Concurrency Evaluation Finding of Non-deficiency by the Local Government. However, Brevard County Schools has issued a preliminary determination that the above-mentioned schools currently have capacity to serve the anticipated number of students generated by all properties eligible for the 125 du/acre program, including 915 Florida Avenue, which is attached to this report.
Parks: Residents will have access to three City of Cocoa parks in the area, including the Cocoa Riverfront Park, which has a playground, splash park, amphitheater, and recreational areas. The adopted LOS level is 1.25 acres of developed recreational area per 1000 population. Per the Parks and Recreation Master Plan, the City of Cocoa currently provides slightly over 17 Acres of parks per 1,000 residents. The number of park acreage within the City already exceeds the minimum requirement of the comprehensive plan and the proposed amendment will not negatively impact this LOS standard. Further, it is anticipated that each large vertical mixed-use residential project will provide some onsite recreational amenities for future residents.
c. Whether the proposal favorably or unfavorably impacts the environment, or the natural or historical resources of the city or the region.
Staff Finding: The amendment is not anticipated to affect any natural or historical resources. The site is currently not developed with any level of impervious area. When the site is developed, the developer will be required to provide all environmental and historical studies as required by the Land Development Code.
d. Whether the proposal is consistent with goals, policies, and objectives of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Comprehensive Regional Policy Plan, Florida Administrative Code.
State Comprehensive Plan, Chapter 187.201(15) LAND USE
Policy 15(b)3: “Enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping, and recreational activities.”
Staff Finding: The proposed amendment will provide additional opportunity for developments with a mix of uses combining living, working, shopping and recreational activities.
East Central Florida Comprehensive Regional Policy Plan
Policy 10.7.2 Transit corridors should provide for a mixture of commercial, office, institutional, and residential uses in multi-story buildings to create a walkable pedestrian friendly environment
Policy 10.14 Vacant or underutilized retail sites should be seen as opportunity sites for assembly and redevelopment as mixed use (retail, office, and residential) centers, especially along corridors currently served by transit or planned to be served by transit.
Staff Finding: The proposed text amendment will provide additional opportunities for mixed-use development along transit corridors as well as redevelopment of existing sites. The subject property is directly adjacent to Space Coast Area Transit (SCAT) Route 6, with access to Routes 1 and 4 (via Route 6).
e. Whether the proposal will favorably or unfavorably affect the city's ability to provide adequate public facilities, and whether the proposal will reduce the level of service for affected public facilities below the level of service set in the comprehensive plan.
Staff Finding: The proposed amendment would not alter the City’s ability to provide service capacities set by the comprehensive plan to lands under the Mixed-Use FLU designation based on the information provided in item b above.
f. Whether the proposal is incompatible with surrounding neighborhoods and land uses.
Staff Finding: As explained above, the proposed amendment is not incompatible with surrounding neighborhoods based on the goals of the Waterfront Master Plan, Cocoa CRA Redevelopment Plan, and existing MU FLU policies which encourage vertical mixed-use buildings. It is also directly adjacent to mixed-use planning occurring in the City of Rockledge, as noted earlier. Proper bulk requirements will be included in a future Developer’s Agreement, as required if developed utilizing the 125 du/acre program.
Objective 13.1.2: Impacts of Development: The City of Cocoa shall ensure that the impacts resulting from the implementation of the comprehensive plan upon development in adjacent municipalities, unincorporated areas, regions and the State are evaluated and addressed with such jurisdictions.
Staff Finding: City of Cocoa staff has coordinated with the City of Rockledge staff about the proposed Amendment. The properties to the south within the City of Rockledge have a zoning and future land use designation of RMU, Redevelopment Mixed Use. As mentioned earlier in the report, the RMU designation is similar to the City of Cocoa’s MU as it allows for a maximum density of 25 du/acre.
There are also building design standards, complete street type requirements, and a small density bonus program. A project is currently being proposed on those parcels which would allow for up to 284 apartment units.
Policy 13.1.2.1: The City staff will evaluate development projects in Cocoa to include an assessment of impacts on the comprehensive plans of adjacent jurisdictions.
Policy 13.1.2.2: The City staff will assess future amendments to its comprehensive plan, including the Future Land Use and Capital Improvements elements, for impact on the comprehensive plans of adjacent jurisdictions.
Policy 13.1.2.3: The City shall coordinate with the City of Rockledge to institute joint planning activities in areas of joint concern and influence. The activities shall include land use, landscaping, urban design and urban form of new development in the area.
Staff Finding: The land use programming occurring in the City of Rockledge adjacent to the subject property is one that is similar to what is being proposed. While the City of Rockledge does not have it’s own density bonus program that is similar to City of Cocoa, the nature of it’s proposed redevelopment, higher density multi-family, is one that is compatible to a multi-story mixed use building, and is complimentary to the South End subdistrict of the Cocoa Waterfront Overlay District Regulating Plan
As mentioned earlier in the report, the adjacent roadways Florida Ave. and US-1 both have the available capacity to support a conceptual buildout scenario on the subject property. The City would continue would continue to coordinate with the City of Rockledge during the plan review stage to ensure all future public infrastructure needs are met and that any shortfalls are addressed with the respective Capital Improvement Elements.
g. Whether the proposal will have a favorable or adverse effect on the ability of people to find adequate housing reasonably accessible to their places of employment.
Staff Finding: The proposed FLU amendment will provide opportunity for additional forms of housing closer to commercial uses, places of employment, and multimodal transportation options.
h. If the amendment being requested is consistent with all the elements of the comprehensive plan.
Staff Finding: The proposed FLUM amendment is consistent with the following Comprehensive Plan policies:
Future Land Use Element, Policy 1.1.2.6 Mixed-Use (MU). The Mixed-Use land use category is intended to provide a mixture of residential, commercial, office, recreational and institutional uses along the major transportation corridors (such as SR 520 and US 1). Based on current land use trends, the City estimates that the mix of uses in the mixed-use category will be 50 percent residential and 50 percent non-residential. The Floor Area Ratio (FAR) measure shall not be applied to residential developments, or the residential portion of a mixed-use building or development.
Future Land Use Element, 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.
Future Land Use Element, Policy 1.2.1.6: New development, as well as infill development shall provide interconnected street grid networks, where feasible, to disperse traffic and encourage walkability. Developments may include a hierarchy of narrow streets, boulevards, and alleys; high quality pedestrian networks; designs that encourage a greater use of bicycles, rollerblades, scooters and walking as daily transportation; connectivity to public transit; and a land use mix that demonstrates reduced external trips by encouraging internal trips.
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.
Policy 3.1.1.6: The City shall promote mixed-use developments that include provisions for a wide variety of housing types and prices.
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.
This item was considered at the August 16th Planning and Zoning meeting and the Board members recommended approval to City Council.
STRATEGIC PLAN CONNECTION:
N/A
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
Pass on First Reading at the August 22, 2023 City Council meeting.
Recommended for approval by the August 16, 2023 Planning and Zoning Meeting.
RECOMMENDED MOTION:
Recommendation
Pass on SECOND READING Ordinance 17-2023, an Expedited State Review Comprehensive Plan Text Amendment to expand the very limited geographic area by which vertical mixed-use projects may be built at 125-units per acre, to include a +/- 4.32 acre parcel of City-owned land located at 915 Florida Ave., Cocoa, Florida (Brevard County Parcel ID 24-36-33-80-23).