PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: July 26, 2024
Agenda Date: August 7, 2024
Prepared By: Lucilene Ribeiro - City Planner
Through: Stockton Whitten - City Manager
Requested Action:
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Consideration of a Zoning Text Amendment Appendix A, Article XI, Section 3, of the code of the City of Cocoa to create new minimum yard requirements applicable to properties located in both the RU-1-7 zoning district and the Diamond Square Community Redevelopment AreaEnd
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BACKGROUND:
On August 19, 1997, the Brevard County Board of County Commissioners passed Resolution No. 97-161, granting the City Council of Cocoa the authority to create and manage the Census Tract 626 Community Redevelopment Agency. Census Tract 626 was known for having high levels of poverty, unemployment, crime, and low income, making it one of the most disadvantaged areas in Florida.
Following this decision, the Cocoa City Council adopted Resolution No. 98-19 on March 24, 1998. This resolution identified Census Tract 626 as a troubled area in need of redevelopment, aligning with Florida’s Community Redevelopment Act of 1969. It emphasized that revitalizing the area was crucial for the well-being of Cocoa's residents. To address this, the City Council established the Diamond Square Community Redevelopment Agency and formalized its structure, powers, and operations through Ordinance 13-98. This ordinance was reviewed and approved by the City’s Local Planning Agency as consistent with Cocoa’s Comprehensive Plan.
The Diamond Square area is characterized by a mix of residential homes, commercial businesses, and light industrial uses. Recognizing the Diamond Square CRA’s limited resources, the City of Cocoa has invested millions to enhance streets and drainage, purchase land for affordable housing, and build a new community center.
To further support development, the City has proposed to relax yard requirements for single-family homes within the Diamond Square CRA. The proposed ordinance addresses the issues faced by nonconforming lots that have difficulty meeting the setback requirements of the RU-1-7 Zoning District. These properties often face challenges due to their irregular shapes and substandard sizes, making compliance difficult. By creating new, less restrictive setback requirements for this specific area, the new ordinance aims to facilitate development and improve land use efficiency within the redevelopment area. Appendix A, Article X, Section 3 provides, in pertinent part, as follows regarding development on nonconforming lots of record:
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot which is of record at the effective date of adoption or amendment of this ordinance. This provision shall apply only where yard dimensions and requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the applicable zoning district. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership.
Thus, although nonconforming lots of record may be developed with a single-family home, the setbacks must still be observed. The proposed new, relaxed yard requirements for the Diamond Square area are outlined as follows:
Front setback - Reduced from Twenty-Five (25) to Twenty (20) feet.
Side interior lot setback - Reduced Eight (8) from to Five (5) feet.
Side corner lot setback - Reduced Fifteen 15 from to Ten (10) feet.
Rear setback- Reduced from Fifteen (15) to Ten (10) feet.
Staff finds these changes are in the best public interest, encouraging appropriate development in a historically challenged area like the Diamond Square CRA.
I. Staff Analysis
Pursuant to Appendix A, Zoning, Article XXI, Amendment, Section 1(G)(2), the planning board shall consider and study:
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.
Many existing subdivisions in the Diamond Square CRA, including College Park, Virginia Park, and sections of Pine Grove Park, often do not meet standard lot width dimensions, making compliance with RU-1-7 setbacks difficult. This can slow development and building renovation efforts for property owners within the CRA.
According to "Goal 2: Increase Partnerships with Housing Developers" in the City of Cocoa Diamond Square Redevelopment Plan, fostering stronger collaborations with housing developers is crucial for revitalizing the area. The proposed ordinance supports this goal by relaxing existing zoning regulations, making the area more attractive to developers, and facilitating the growth of new housing projects, enhancing overall partnership opportunities in the Diamond Square Redevelopment Area.
The proposed zoning text amendment is anticipated to assist in attaining the following cited goals and objectives and appears to be consistent with the following cited policies of the Comprehensive Plan.
GOAL 1.1: Create and maintain a broad range of land use activities that maximize the City's potential as a growth center while protecting the public health, safety, welfare, and appearance through the thoughtful planned use and development of the land and public facilities.
Future Land Use Element, Policy 1.1.2.3: Low Density Residential (LDR). Low-density residential areas are neighborhoods of single family detached housing, limited multiple family attached housing and limited clustered single family attached housing. . .Objective 1.1.4: Redevelopment. The City shall encourage redevelopment of areas that are exhibiting evidence of decline (i.e., disproportionate number of vacant, dilapidated and/or substandard structures) through redevelopment programs and through maintaining land development regulations that contain standards and procedures to encourage redevelopment where desirable.
Policy 1.1.4.1: The City shall continue to promote vitality and redevelopment of the three community redevelopment areas established pursuant to Chapter 163, F.S.: Cocoa (Downtown) Redevelopment Area, Diamond Square Redevelopment Area and U.S. 1 Corridor Redevelopment Area.
Policy 1.1.4.10: The City will encourage infill development and redevelopment in blighted areas or areas in transition, and encourage new housing development in appropriate areas where community services exist or are programmed to occur.
Objective 1.1.10: Plan Implementation. The City shall maintain, amend and develop land development regulations that guide future growth and development, discourage the proliferation of urban sprawl and implement the goals, objectives and policies of this comprehensive plan.
Housing Element, Objective 3.7.5: Community Revitalization. The City shall continue to support the revitalization of its Florida Enterprise Zone, its designated Florida Brownfield Area, the Diamond Square Redevelopment Area and the Heart of Cocoa Area concentrating on issues such as crime, economic development, and affordable housing.
Policy 3.7.5.2: The City shall encourage new construction of single-family homes for moderate- and upper-income households.
Policy 3.7.5.3: The City shall encourage neighborhood revitalization, affordable housing, and homeownership in these areas by implementing programs and regulations that promote a wide variety of housing types, sizes, and prices.
The proposed changes will not negatively impact existing neighborhoods and will help development community for further single-family housing development and construction, there will be no negative impacts on the City’s level of service standards regarding these changes.
Staff concluded that the standards for RU 1-7 Single-Family Residential in Diamond Square need to be revised to better position the City and the Development Community for future single-family housing developments. If approved, the proposed amendment creates a more appropriate and logical land use pattern. Additionally, it is expected to enhance property values, increase potential tax revenue, and provide other benefits to the local economy.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
City Council approved on September 12, 2023 Ordinance 07-2023 amending figure FLU-1 set forth in the Future Land Use element to provide the RU-1-7 Zoning District as an allowable Zoning District in the Medium Density Residential Future Land use category
RECOMMENDED MOTION:
Recommendation
Staff recommends that the Planning and Zoning Board recommend approval of Ordinance 12-2024 as presented.