BOARD OF ADJUSTMENT AGENDA ITEM
Memo Date: May 7, 2024
Agenda Date: May 15, 2024
Prepared By: Lucilene Ribeiro, Planner
Through: Stockton Whitten - City Manager
Requested Action:
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A waiver request from Appendix A, Zoning, Article XII, Section 1 (D)(8) of the City Code, regarding off-street parking, for approximately 6 parking spaces for an existing barber shop on one parcel in the CBD-CVO (Central Business District - Cocoa Village Overlay) Zoning District.
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BACKGROUND:
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Project No.: |
PZ-24-00700001 |
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Meeting Date: |
May 15, 2024 |
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Applicant: |
Chris Hyskell Farm Bar, Inc. 30 Lime Ave Rockledge, FL 32955 |
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Property Owner: |
Chris Hyskell Farm Bar, Inc. 30 Lime Ave Rockledge, FL 32955 |
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Project Address: |
638 Brevard Ave 2426510 - Parcel ID: 24-36-33-85-*-A |
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Requested Action: |
A request for a waiver from Appendix A, Zoning, Article XII, Section 1 (D)(8) off-street parking for a total of six (6) parking spaces for an existing barber shop on one parcel in the CBD-CVO - Central Business District - Cocoa Village Overlay Zoning District. |
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Notice Provided: |
Notice of the public hearing was provided by publishing in the newspaper on April 30th, 2024, posting the property and mailers to property owners within 500 feet. |
I. Project Information
The subject property is located on the East side of 638 Brevard Ave and has a 1,678 sqft one (1) story commercial building developed in 1954 in a 0.19-acre lot or 7,700 sqft. The Future Land Use (FLU) is Mixed-Use, and the property is zoned as CBD-CVO Central Business District. The applicant is seeking a waiver from the City of Cocoa Code for required parking spaces for an existing barber shop on the property in order to eliminate such parking and construct a new, additional use on the property.
The applicant proposes to construct an outdoor patio/bar called Farm Bar at the rear side of the building, where an existing unimproved, gravel area was previously used as a parking lot for the building and the barber shop (Exhibit E.) The new development will serve as an event space and beer garden that is family and pet-friendly, with a maximum occupancy of 49 patrons. The existing building will offer bathrooms and continue operating as a barbershop. This project has an active site plan application under review with Planning and Zoning and is also presented to the Board of Adjustment for consideration of a special exception for a bar or lounge concurrently with this waiver request.
During the review process for a site plan amendment application, Planning and Zoning, in accordance with the City Code, noted that the new outdoor patio/bar will not generate the need for parking in accordance with Article XII Off Street Parking and Loading Regulation, Section 1(d)(45) for the Central Business District Cocoa Village Overlay:
Article XII Off-Street Parking and Loading Regulations, Sec. 1(d)(45), Central Business District, including the Cocoa Village Overlay. The Central Business District, as defined in the City of Cocoa Code, shall have the following special parking requirements:
a. Whenever there is a change of use or use intensity which changes parking generating factors in a building existing as of August 10, 2004, and the gross floor area of the existing building remains unchanged, no additional parking or loading spaces will be required; however, increases in residential dwelling units shall meet the parking requirements outlined above for specific uses.
However, staff determined that existing parking was eliminated by converting the parking area to an outdoor business and requested the applicant to submit a waiver application for the number of parking spaces eliminated from the site. Nothing in Section 1(d)(45) allows for a property owner to eliminate existing parking for a business in order to construct an additional business on the property, absent approval of a parking waiver. In fact, Article XII, Off-Street Parking and Loading Regulations, Sec. 1(d)(45)(b) provides:
b. The demolition or removal of a building existing as of August 10, 2004 and replacement of that building without the provision of additional parking will be permitted as long as the new building does not eliminate any existing parking or loading spaces and the square footage is increased by no more than one hundred (100) square feet over the original building square footage.
This section indicates that the elimination of existing parking and loading spaces is not permitted by the Code in order to accommodate an additional business, absent a waiver.
The applicant states that the unpaved parking area did not follow City of Cocoa Code standards for parking and access control, and the proposed development will improve the area by eliminating the homeless activity seen on site.
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Future Land Use: |
Mixed Use |
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Zoning District: |
CBD-CVO |
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Existing Use: |
Personal service establishment- barber shop |
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Council District: |
District 1 - Councilmember Goins |
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Overview of Surrounding Area: |
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Future Land Use Designation |
Zoning District |
Existing Land Use |
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North |
Mixed Use |
CBD-CVO |
Commercial and Residential |
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South |
Mixed Use |
CBD-CVO |
Residential |
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East |
Mixed Use |
CBD |
Residential |
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West |
Mixed Use |
CBD-CVO |
Commercial |
II. Waiver Analysis
The Board shall only grant a waiver if it positively makes the following findings, based on competent substantial evidence: Appendix A, Article XVII, Section 8 (C)
(1) Initial finding. The Board of Adjustment shall first find that the need for the proposed waiver arises out of the physical surroundings, shape, topographical condition, or other physical or environmental conditions that are unique to the specific property involved. The Board shall make the required finding based on the granting of the waiver for the applicant's property alone unless, however, the condition is common to numerous sites so that requests for similar waivers are likely to be received, and then the Board shall make the required findings based on the cumulative conditions of the area.
Staff Finding: The need for the proposed parking waiver arises out of the physical conditions unique to the specific property. Specifically, the location of the existing building, constructed in 1954, is only 18 feet away from the southern property line as determined by the measurement tools available on the Brevard County Property Appraiser’s website. Accordingly, the available space on the property for a driveway to access a parking lot is a maximum of 18 feet. Staff supports the proposed parking waiver because the limited space available for the driveway to access the parking lot does not conform to City right-of-way permit standards, which would require a minimum of 20 feet. City right-of-way permit standards require a minimum of a 12-foot driveway, with three-foot flares on either side, located a minimum of two feet away from the property line. Where the driveway does not meet minimum right-of-way permit and safety standards for access, staff does not oppose elimination of the existing parking lot. The existing driveway only allows for one vehicle at a time; two vehicles cannot pass each other safely. The existing parking lot was not improved and consisted of gravel materials.
(2) If the Board of Adjustment makes a positive finding in section 8(C) (1) above, the Board shall make a positive finding on each of the following before granting a waiver:
a) There are practical or economic difficulties in carrying out the strict letter of the regulation.
Staff Finding: Due to the proposed business concept, the applicant won't be able to operate without the space used as a parking area. The applicant purchased this property with the intent to operate as an outdoor bar area. Without a parking waiver, the existing 1,678-square foot building will be the maximum available for commercial use.
b) The proposed Waiver will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazards to the public.
Staff Finding: The Waiver request will not increase congestion on public streets and will not increase the danger of fire or other hazards to the public. The parking waiver is limited to 6 existing parking spaces for a barber shop that is open during non-peak parking hours in the Village. The applicant proposes to pave the rear area, which will add an additional impervious area of 3,547 sqft to the existing 1,624 sqft. The Public Works Director/City Engineer, Abigail Morgan, reviewed the changes in grading, drainage, and stormwater submitted by the engineer on record for the Farm Bar project through site plan drawings and reports and has no further concerns.
c) The Waiver will not substantially diminish property values in, nor alter the essential character of, the area surrounding the applicant's property.
Staff Finding: It is unlikely that the Waiver would substantially diminish property values or alter surrounding properties’ essential character.
d) The effect of the proposed Waiver is in harmony with the general intent of the Cocoa Comprehensive Plan and Code and the specific intent of the relevant subject area(s) of the Code.
Staff Finding: The proposed waiver is in harmony with the general intent of the Cocoa Comprehensive Plan and Code given the limited parking currently provided by the lot and the substandard access drive that currently serves the lot.
e) The effect of the proposed Waiver will not result in additional and significant threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, or conflicts with the Comprehensive Plan and other local ordinances.
Staff Finding: The requested Waiver will not result in additional and significant threats to public safety, additional expense to the public, fraud, or victimization. As stated above, the existing parking lot only provides for up to six spaces currently and will not result in additional threats to public safety or public burden of increased congestion. In addition, the applicant has proposed to include a bike rack with the site plan design to provide additional bike parking and encourage multi-modal transportation.
f) The Waiver will not substantially diminish property values in, nor alter the essential character of, the area surrounding the applicant's property.
Staff Finding: It is unlikely that the Waiver would substantially diminish property values or alter surrounding properties’ essential character.
g) The effect of the proposed Waiver is in harmony with the general intent of the Cocoa Comprehensive Plan and Code and the specific intent of the relevant subject area(s) of the Code.
Staff Finding: The proposed waiver is in harmony with the general intent of the Cocoa Comprehensive Plan and Code given the limited parking currently provided by the lot and the substandard access drive that currently serves the lot.
h) The effect of the proposed Waiver will not result in additional and significant threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, or conflicts with the Comprehensive Plan and other local ordinances.
Staff Finding: The requested Waiver will not result in additional and significant threats to public safety, additional expense to the public, fraud, or victimization. As stated above, the existing parking lot only provides for up to six spaces currently and will not result in additional threats to public safety or public burden of increased congestion. In addition, the applicant has proposed to include a bike rack with the site plan design to provide additional bike parking and encourage multi-modal transportation.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDED MOTION:
Recommendation
Staff recommends APPROVAL of the requested Waiver from the City of Cocoa Code, Article XII, Section 1 (D)(8) of the City Code, regarding off-street parking, for approximately 6 parking spaces with the following condition(s):
1. The Waiver shall not be effective until after the applicant has secured all the permits and approvals necessary for any development related to the Waiver, such as site plan approval. Such permits shall be obtained within six (6) months of the Board’s approval.
2. The applicant shall incorporate a bike rack in the site plan application design.
3. Any other conditions deemed necessary by the Board of Adjustment.