CITY COMMISSION BRIEFING & Planning Board Report For Meeting Scheduled for June 20, 2013 Comprehensive Plan Text Amendment Ordinance 1564

Transcription

1 CITY COMMISSION BRIEFING & Planning Board Report For Meeting Scheduled for June 20, 2013 Comprehensive Plan Text Amendment Ordinance 1564 TO: FROM: THRU: RE: Related Cases: Mayor Dave Netterstrom and Members of the City Commission Anthony Caravella, AICP, Director of Development Services Robert Majka, City Manager Case No ; Comprehensive Plan Amendment(s) to: (1) Allow a building/structure (stair/training tower and architectural appurtenances) with a height not to exceed 60.0 feet above crown of abutting road, for construction of new fire station building, in the PS-1 Public and Semi-Public Zoning District. Petition made in accordance with Comprehensive Plan Policy I [City Fire Station Case No ] (2) City Commission initiated revisions to remove the requirement for a Comprehensive Plan amendment to allow absolute building height greater than 45 feet under certain conditions. (3) City Commission initiated revisions to remove the requirement for a Comprehensive Plan amendment to allow residential density greater than 10 units per acre, and hotel/motel density greater than 28 units per acre, under certain conditions. INTRODUCTION AND FIRST READING OF ORDINANCE NO Board of Adjustment variance to building and absolute height Board of Adjustment variance, driveway width City Commission Charter variance to absolute height Site plan DATE: June 11, 2013 NOTE: Pursuant to Land Development Code (LDC) Section 5-67A(2), and City Charter Section 6.07, this Comprehensive Plan amendment addresses increasing permissible building and structure height, so an affirmative vote of all five (5) city commissioners is required. 1 Height not to exceed 60.0 feet was advertised and noticed for the Planning Board public hearing, given there has been no final architectural plan selection. Staff will be doing the same notice for the City Commission public hearing scheduled for July 18, Planning Board recommendation and City Commission approval of the architectural plans as part of site development plan Case No is required to set the final height for the proposed building. Following final approval of architectural plans, an exact height will be included in the comprehensive plan amendment Ordinance No K:\userdata\SHARED\Building Department\CASES\2013\2013May\Fire_Station\CCxfr Comp Plan Fire Station ( ).doc

2 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 2 A. Background/General Information Proposed Ordinance 1564 (Attachment A) is a proposed comprehensive plan text amendment in response to an application from the City of Cocoa Beach, Owner/ Applicant, with intent to construct a new fire station and training tower facility, at a height greater than 45 feet above the crown of abutting road being South Orlando Avenue. Also, and in response to a request initiated by the City Commission, this plan amendment proposes to remove the requirement for a Comprehensive Plan amendment to allow absolute building height greater than 45 feet under certain conditions, and remove the requirement for a Comprehensive Plan amendment to allow residential density greater than 10 units per acre, and hotel/motel density greater than 28 units per acre, under certain conditions Specific to the plan amendment (Section 3 of the ordinance) related to the fire station, the related tract and subject property ( Property ) for construction is the Cocoa Beach City Hall campus located at 2 South Orlando Avenue. The Property lies in Downtown Overlay Downtown Core (DC) District, and has a Future Land Use Map (FLUM) designation of Public/PS-1 Public and Semi-Public Zoning District on a portion of the Property; and, a FLUM designation of General Commercial/Zoning Map designation of CN, Neighborhood Commercial Zoning District on a portion of the property known as the old library site. The Property is 2.77 acres. A zoning/vicinity map is presented as Attachment B. The Applicant s preliminary site plan indicates site improvements to support the fire station are planned over approximately 1.77 acres of the site. Case No has been assigned to this application, with a related Case No , for a City Charter required City Commission variance. The required Board of Adjustment variance application for height is assigned Case No The action scheduled for June 20 th is the introduction and first reading of the Ordinance and authorize first public hearing for July 18, 2013, with anticipated second public hearing for September 19, All support documentation for this amendment is provided with this briefing paper. Notice of the July 20 th public hearing, as well as the anticipated adoption hearing, will be provided via first class mail to affected properties as well as notice required by Florida Statutes. 2 B. Summary/Zoning History & Site Characteristics The application documents (Site Plan Case No ) illustrate a new fire station building with an elevation of 39 feet above finished floor elevation (FFE). The plans illustrate a tower facility, with railing, at an identified absolute height of 51 feet, 10 inches, above the crown of the abutting road being South Orlando Avenue, a primary arterial road. A copy of the elevation drawings is provided with this briefing packet, and an excerpt, the west elevation sketch, is provided as Attachment D to this briefing paper. The Property zoning designations CN and PS-1 allow for a maximum building height of 45 feet, and a maximum absolute height of 45 feet. 2 In accordance with Land Development Code Section 5-66B.1(c), 30 day notice of the public hearing to affected property owners is required. Therefore, staff will be noticing affected property owners prior to the Commission s action on this ordinance introduction.

3 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 3 The City Comprehensive Plan requires the involvement of the Board of Adjustment, the Planning Board and the City Commission. A summary of parameters, related to special consideration and variance to height is written in Comprehensive Plan Policy I.4.11, and might be summarized: The petition must be heard by the Board of Adjustment (BOA), Planning Board and City Commission. These three bodies must examine the request with regard to the criteria set forth in the Comprehensive Plan, i.e. land use compatibility and consistency with zoning standards, objectives [of zoning standards] and public infrastructure; and provisions for density restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers. To approve: Because of the similarity of this request to a typical variance, the BOA must have affirmative supermajority vote. The Planning Board must have majority vote. Because the Plan amendment deals with an increase in height, the Commission must have a unanimous vote, per LDC Section 5-67A3 and City Charter Section A denial at any board in the process, ends the process. If this Comprehensive Plan amendment receives a favorable recommendation, the request will be forwarded to the City Commission. The Comprehensive Plan also requires the applicant must specifically identify the location on the property and in the City where these structures will be constructed. For the Commission s information, there also exists certain City Charter language which has bearing upon this matter. Applicable City Charter Section 6.04, reads: Sec Building height limit. No structure, no part of any structure, and no attachment to any structure shall be erected to a height greater than forty-five (45) feet above crown of abutting road. Structures, if razed, shall be replaced only by structures which conform to the height limits of this section. No owners of structures destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same height in the same location. The city commission may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance as set forth in Article VI, section 2-58(C)(1)(c)2--7 of the City of Cocoa Beach Code of Ordinances, and the variance must be approved by a concurring vote of four (4) members of the city commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, and not earlier than thirty (30) days from the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for variance set forth in Article VI, section 2-59 of the City of Cocoa Beach Code of Ordinances. Action on this City Charter variance is proposed to be scheduled on September 19, 2013, concurrent with the anticipated second public hearing on the comprehensive plan ordinance.

4 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 4 The Property lies, primarily, in the PS-1 zoning district, a tract of land situated southwest of the Orlando Avenue, Minutemen Causeway intersection. A portion of the Property lies in the CN commercial zoning district, and the site plan indicates that this portion will be used for stormwater and/or parking improvements. A Vicinity/Zoning Map and aerial photograph is presented as Attachment B. The Property exists as a public- government City Hall facility. Today, prior to new fire station construction, it appears that the number of parking spaces supporting City Hall is 60 spaces, not inclusive of abutting on- street parking. With respect to surrounding properties and zoning: To the north, east and south, there exists various commercial uses, in CN zoning district, where it is possible to construct up to 45 feet. To the west there exists South Brevard Avenue, then a canal, and then single-family residential land uses in the RS-1 zoning district. Due to proximate right of way (Brevard Avenue) that abuts the RS-1 zoning to the West, an additional height limitation exists on this Property. Comprehensive Plan Table I-1, and Land Development Code (LDC) Table 4.01, requires that within one hundred (100) feet of Brevard Avenue (the RS-1 zoning abutting right of way) the maximum allowed absolute buffer building height is twenty-five (25) feet. As currently proposed, the Applicant s site plan illustrates that the new facility will be located beyond this 100 foot buffer zone. This improvement and variance/comprehensive plan amendment relates to the Owner s desire to construct a new public fire station with a training tower, and support stormwater and parking facilities. The Applicant supplied a letter of intent (Attachment C) which might be summarized: This request concerns a training/ tower stairwell, constructed with new Fire Station 51. We must use stairs, for fire access, with this three story design. Since we are building a new building, we have an opportunity to construct a training stair tower. Every year our firefighters must complete training on such a tower. Up to now, we have used other stair towers, in other cities, for this training. By constructing our own Cocoa Beach training tower, the City will save both manpower time and money, because we will not have to travel to train. We can use this tower for rope rescue training, search and rescue, ladder operations, and other rescue activities. This is a minimal change to a building, which otherwise meets allowable building height. C. Special Consideration for Height Greater than 45 Feet Comprehensive Plan Policies This amendment is necessary to grant approval for the height of a particular structure greater than 45 feet above crown of abutting road. The Planning Board must also review the petition and make an affirmative recommendation of approval to the City Commission for this comprehensive plan amendment. The Board s recommendation is for approval following public hearing on June 3, 2013.

5 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 5 For this amendment, the Planning Board and City Commission are guided by the requirements of Comprehensive Plan Policy I.4.11, 3 a portion of which reads: Policy I.4.11: To protect existing residential areas from encroachment by land uses which are incompatible due to building height, the City shall regulate maximum allowable building height and allow exemptions for existing buildings. (a) The maximum allowable building height for all new construction is limited to 45 feet above crown of the abutting road, unless exempted as set forth below: 1. Existing buildings (having been constructed as of the effective date of Ordinance 1328) having a height greater than 45 feet above grade may be repaired or rebuilt to the same height and floor/area ratio, but without increasing any other nonconformity. 2. Special consideration may be given to allow new structures at a height greater than 45 feet, but in no event greater than 70 feet, when: An applicant/property owner petitions for public hearings before the Planning Board, the Board of Adjustment and City Commission. The applicant must demonstrate land use compatibility and consistency with zoning standards, objectives and public infrastructure; Petitions may be considered only when the application includes density restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers; Approval by the Board of Adjustment, Planning Board, and a favorable supermajority vote of four Commission members is required [emphasis added]to allow structures at a height greater than 45 feet; and, The applicant must petition for comprehensive plan text amendment to specifically identify the location [property] in the City where these structures will be constructed. Such amendment must specify the height authorized by the special approval. (b) Residential areas shall be buffered by tiered heights from higher structures. Intervening rights of way or canals cannot be considered buffers. D. Finding of Fact for Special Consideration Requirement of the Comprehensive Plan In reviewing this application for a comprehensive plan amendment, and in addition to the requirements of Comprehensive Plan Policy I.4.11, the Planning Board and City Commission are guided and governed by the requirements of City Land Development Code (LDC) Section 5-65, Review functions and requirements of the Planning Board report to the city commission. 4 Therefore, review and recommendation of this amendment requires the Planning Board study, consider, and find (where applicable) that: 1. The applicant has proved entitlement to the rezoning by demonstrating compliance with the Cocoa Beach comprehensive plan, the land development regulations, the Code of Ordinances of Cocoa Beach, and any other applicable code or regulation. 3 In addition to the provisions of Policy I.4.11, Comprehensive Plan Table I-1 sets a maximum height in the PS-1 zoning district of 45 feet. 4 The LDC criteria are presented in italics type, and staff analysis/recommendation is presented in block type.

6 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 6 The Applicant writes, No rezoning is proposed there are concurrent site plan and variance applications which will address compliance with the City s codes.. The Board has recommended that the Applicant has met all criteria for this application and as such has shown entitlement. 2. The request will meet or exceed all performance standards set forth for the potential uses allowed by the request. As of this date, this application presents a project which does not show compliance to all related land development regulations or Design Based Code standards. If Applicant successfully obtains approval for the Fire Station design, and approval for variances or waivers, then he may satisfy this criterion. At this juncture, it does not appear that the criterion is satisfied, but can be considered satisfied once Planning Board recommendation and City Commission approval of the architectural plans as part of site development plan Case No , is obtained to set the final height for the proposed building. Any approval of the site development plan would include conditions that would include, but may not be limited to, securing a variance to driveway width onto South Orlando Avenue. 3. The request is consistent with the densities, intensities and general uses set forth in the Cocoa Beach comprehensive plan. The Applicant writes that the project,...will be consistent with the comprehensive plan, Policy I.4.11, for building height. The Applicant writes that the stair tower, at feet, will be the sole portion of the building in excess of the 45 feet, although other architectural appurtenances may also exceed the absolute building height limitation. In an attempt to address the compatibility and consistency questions, the Applicant supplied photographs, taken from Sunset Drive, which appear to show that the difference between 45 feet and feet will be visually negligible. The Board recommends that the Applicant has supplied justification, for this height variance. 4. The request is compatible with existing or planned uses in the surrounding area. The Applicant writes that the project,..will be consistent with the comprehensive plan, Policy I.4.11, for building height. The elevations, supplied with the application, dated , illustrate a building with the top of the roof at 39 feet above grade, and the stair tower is taller. A copy of the elevation drawings is provided with this briefing packet, and an excerpt, the west elevation sketch, is provided as Attachment D to this briefing paper. The Applicant writes that the stair tower, at feet, will be the sole portion of the building in excess of the 45 feet, although other architectural appurtenances may also exceed the absolute building height limitation. The Applicant supplied photographs, taken from Sunset Drive (east), which appear to show that the difference between 45 feet and feet will be visually negligible. The Board has and the Commission may wish to discuss the possible effects of this construction upon the existing neighborhood and future development in the historic downtown area. Currently, there are no structures on the abutting lots with similar height. On the abutting lots, there are no structures over two stories. The Board members considered whether, or not, this height allowance might be out of character with the abutting neighborhood.

7 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 7 After discussion, the Board recommends the Applicant has supplied justification, for this height variance, and determines this criterion has been met. 5. Approval of the request will not place an undue burden upon existing transportation or other services and facilities and will be served by streets with the capacity to carry the traffic generated by development of the land at the highest use allowed by the requesting zoning. As of this date, Applicant supplied a traffic study. Awaiting review comments from the City Engineer. 6. Urban services are, or will be, available and adequate to serve the proposed uses allowed by the requested zoning. Adequate public utilities/ facilities exist to support this use. Therefore this criterion has been met or can be considered not applicable. 7. The proposed uses are appropriate at the subject location. The Applicant writes that a fire station is a normal government use, in PS-1 zoning. As to the appropriateness of the use here, the Board may wish to discuss the possible effects of this construction, upon the existing neighborhood. Currently, there are no structures on the abutting lots with similar height that is proposed with this construction. On the abutting lots, there are no structures over two stories. The Board members may wish to discuss whether, or not, this height allowance might be out of character with the abutting neighborhood. After discussion, the Board recommends the Applicant has supplied justification, for this height variance, and determines this criterion has been met. 8. The proposed change is consistent with the established land use pattern. The proposed building will be at least two stories taller than any other building in the neighborhood. The Applicant writes that the project,..will be consistent with the comprehensive plan, Policy I.4.11, for building height. The Applicant writes that the stair tower, at feet, will be the sole portion of the building in excess of the 45 feet, although other architectural appurtenances may also exceed the absolute building height limitation. The Applicant supplied photographs, taken from Sunset Drive (east), which appear to show that the difference between 45 feet and feet will be visually negligible. As to the appropriateness of the use here, the Board may wish to discuss the possible effects of this construction, upon the existing neighborhood given there are no structures on the abutting lots which are taller than two stories in height. The Board members may wish to discuss whether, or not, this height allowance might be out of character with the abutting neighborhood. After discussion, the Board recommends the Applicant has supplied justification, for this height variance, and determines this criterion has been met.

8 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 8 9. The proposed change would not create an isolated district unrelated to adjacent and nearby districts. Not applicable, this is not a request to change a future land use designation or zoning map district designation. 10. The proposed change would be consistent with the population density pattern and not increase or overtax the load on public facilities such as schools, utilities, streets, and the like. This criterion has been met or can be considered not applicable. 11. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable, this is not a request to change a future land use designation or zoning map district designation. 12. Changed or changing conditions make the passage of the proposed amendment necessary. The Applicant s narrative addresses the opportunity that his new construction would afford by being able to construct a training tower with this new fire station. Adding a new fire station may be considered a changing condition that warrants consideration of this height allowance. The Board recommends this criterion has been met based on the a new fire station facility being considered a changing condition. 13. The proposed change will not adversely influence living conditions in the neighborhood. This criterion has been met, or may be considered not applicable. 14. The proposed change will not create a drainage problem. The Applicant writes that a new stormwater management system will be installed as part of this project. The Board recommends that this criterion has been met. 15. The proposed change will not seriously reduce light or air to adjacent areas. The Applicant writes that this difference between building height and tower height, should have negligible impact on light or air in adjacent areas. The Board recommends that this criterion has been met. 16. The proposed change will not adversely affect property values in the adjacent area. The Applicant writes that this difference between building height and tower height, should have negligible impact on property values. However, the proposed building will be at least two stories taller than any other building in the neighborhood. The Commission may wish to discuss the possible effects of this superior construction, upon property values. The Property lies in the DOD, and in the historic Cocoa Beach downtown. Currently, there are no structures

9 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 9 on the abutting lots with similar height. On the abutting lots, there are no structures over two stories. The Board members have recommended this criterion has been met. 17. The proposed change will be compatible with improvements or development of adjacent property in accordance with existing regulations. Please see discussion in paragraph 4, above. 18. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The Applicant writes that the project is unique to the government fire safety. A fire station is allowable in the PS-1 district. The Board recommends that this criterion has been met. 19. There are substantial reasons why a reasonable use of property cannot be accomplished under existing zoning. Not applicable, because this is not a request to change a future land use designation or zoning map district designation. 20. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Please see discussions in paragraphs 8 and 16, above. 21. It is impossible to find other adequate sites in the city for the proposed use in districts already zoned for such use. The Applicant correctly writes that the fire station must be in a PS-1 zoning designation, and few of these exist in the city. The Applicant writes that none of the other PS-1 locations are appropriate to support a fire station and training facility. The Board recommends that this criterion has been satisfied. In considering a recommendation for this plan amendment, the City Commission and Planning Board must also be guided by criteria found in cited Policy I.4.11, specifically demonstration of land use compatibility and consistency with zoning standards, objectives [of zoning standards], and public infrastructure; and provisions for density restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers. 1. Applicant must demonstrate land use compatibility and consistency with zoning standards, objectives, and public infrastructure. The Applicant writes that the project,..will be consistent with the comprehensive plan, Policy I.4.11, for building height. The Applicant writes that the stair tower, at feet, will be the sole portion of the building in excess of the 45 feet.

10 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 10 The Commission may wish to discuss the possible effects of this construction, upon the existing neighborhood. The Property lies in historic downtown Cocoa Beach within the Downtown Overlay District (DOD). Currently, there are no structures on the abutting lots with similar height. On the abutting lots, there are no structures over two stories. The Commission may wish to discuss whether, or not, this height allowance might be out of character with the abutting neighborhood. The application presents a project which shows compliance with most, but not all, related land development regulations or Design Based Code (DBC) standards. Since the Property is located in the historic downtown DOD area, the DBC regulations apply to it. If Applicant successfully obtains variances or waivers, then he may satisfy this criterion. The Application shows, otherwise, that the project will have adequate public facility utilities infrastructure. The Board recommends that this criterion has been met. After discussion, the Commission must decide if the Applicant has supplied justification, for this height variance. The Board has determined, and recommends, that this criterion has been met. 2. Petitions may only be considered when Applicant addresses restricted location of the land use, increased setbacks, and substantially increased buffers. The application presents a project which shows compliance with most, but not all, related land development regulations or Design Based Code standards. If Applicant successfully obtains variances or waivers, then he may satisfy this criterion. The Application shows, otherwise, that the project will meet the standards of the Downtown Overlay District, and DBC. The Board recommends that this criterion has been met. 3. Applicant must specifically identify the location on the property and in the city where these structures will be constructed. Applicant has provided a legal description, adequate to meet this criteria. This location is identified in the legal description at the end of the briefing document and on the surveys submitted with the application. The Planning Board, following public hearing on June 3, 2013, makes a favorable recommendation on the Comprehensive Plan Amendment.

11 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 11 E. Proposed Amendments Removing the Need for Comprehensive Plan Text Amendment to Grant Variances for New Building Height Construction Greater than 45 Feet, and New Residential or Hotel/Motel Construction Greater Than 10 Units or 28 Units Per Acre, Respectively. Section 4 of the proposed ordinance, would eliminate the present requirement for a comprehensive plan amendment for any new construction that would be greater than 45 feet in absolute height (above crown of abutting road) and less than or equal to 70 feet in absolute height. Such applications would only require a variance to City Charter Section 6.04, to be approved by the City Commission, and a variance to Land Development Code building height requirements to be approved by the Board of Adjustment. Any request for height greater 70 feet would be required to secure a Comprehensive Plan text amendment in addition to variances to the City Charter and the Land Development Code. Section 5 of the proposed ordinance, would eliminate the present requirement for a comprehensive plan amendment for new residential construction greater than 10 units per acre but not to exceed 12 units per acre; and new hotel/motel construction greater than 28 units per acre but not to exceed 30 units per acre. Such applications would only require a variance to City Charter Section 6.01, to be approved by the City Commission, and a variance to Land Development Code density requirements to be approved by the Board of Adjustment. Any request for density greater than 12 or 30 units per acre would be required to secure a Comprehensive Plan text amendment in addition to variances to the City Charter and the Land Development Code. The Planning Board, following public hearing on June 3, 2013, makes a favorable recommendation on the Comprehensive Plan Amendment F. Finding of Fact to Grant Variance to City Charter Section 6.04 In addition to the Comprehensive Plan amendment, the City Commission must also grant a variance to building height in accordance with provisions of City Charter Section 6.04, which reads: Sec Building height limit. No structure, no part of any structure, and no attachment to any structure shall be erected to a height greater than forty-five (45) feet above crown of abutting road. Structures, if razed, shall be replaced only by structures which conform to the height limits of this section. No owners of structures destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same height in the same location. The city commission may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance as set forth in Article VI, section 2-58(C)(1)(c)2--7 of the City of Cocoa Beach Code of Ordinances, and the variance must be approved by a concurring vote of four (4) members of the city commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, and not earlier than thirty (30) days from the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for variance set forth in Article VI, section 2-59 of the City of Cocoa Beach Code of Ordinances.

12 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 12 Action on the variance to City Charter Section 6.04, will be by Resolution, presented to the City Commission for action at the time of proposed adoption of Comprehensive Plan amendment Ordinance No To that end, an assessment of the variance criteria set forth in Article VI, section 2-58(C)(1)(c)2 7, is presented below. 1. This criterion not applicable to action of the City Commission. 2. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. Applicant s Letter of Intent (LOI) documents are provided as Attachment C. As to special circumstances, the Applicant writes that the project is unique to the government fire safety. A fire station is allowable by right in the PS-1 district. The Applicant indicates that there are few PS-1 locations in the City which would offer adequate land area, and provide a proper and efficient location, to support the use. In addition, the proposed building which seeks this variance is a public safety fire station. With this new construction, there exists an opportunity to maximize the use of the facility by construction of a training tower as part of, but in addition to, the necessary stair tower for the building. This opportunity tied to the construction of a fire station may be considered a special condition and circumstance. Also, since the Planning Board made the finding and approval of special consideration for building height as set forth in the City Comprehensive Plan, the Commission may consider this additional review and approval as a special condition that warrants approval of this variance. 3. The literal interpretation of the provisions of the land development regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the land development regulations. Applicant intends to proceed with this construction/ addition in accordance with the appropriate codes, with minor exceptions. The stair tower is a minor portion of the facility, where the Applicant seeks relief. If the Commission decides that special circumstances exist, then the Commission may decide that the Applicant has satisfied this criterion. Also, since the Planning Board made the finding and approval of special consideration for building height as set forth in the City Comprehensive Plan, the Commission may consider this additional review and approval as a special condition that warrants approval of this variance. In other words, this criterion may also be considered to be met following finding and approval of special consideration for building height as set forth in the City Comprehensive Plan.

13 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page The special conditions and circumstances do not result from the actions of the applicant. If the Commission decides that the limited number of locations for this facility, is an identifiable special circumstance and if the Commission agrees that the public- use fire station is unique, then the Commission may decide that these special circumstances do not result from actions of the Applicant. Further, the opportunity and need for a training tower is not unique to the Applicant, but is a standard and necessary facility for all fire service operations. Therefore the need is a condition and requirement of proper fire service operation and not simply a desire of the Applicant. It is noted the same may not be said of any architectural appurtenances which may exceed the maximum building and absolute height. Architectural enhancements are under the control of the Applicant and so there would be no special condition that may be considered not a result of actions of the applicant. However, the Commission may consider the findings of the Planning Board and City Commission related to appurtenance height as cause to approve such a variance given their necessary review and consideration of factors which include, but may not be limited to, consistency of the building design in implementing the Downtown Design Based Code and the Comprehensive Plan. 5. Granting the variance will not confer on the applicant any special privilege that is denied by the land development regulations to other lands, structures, or buildings in the same district. Please see discussion in paragraph 2, above. If the Commission concurs with the Applicant on the special circumstances, then the Commission may decide that granting this variance for the height of stair tower or of any architectural appurtenance, will not confer a special privilege. The Commission may decide that this criterion is satisfied. 6. The reasons set forth in the application justify granting the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The maximum allowable height in PS-1, and CN, is 45 feet. If the Commission agrees that special circumstances exist, then the Commission may consider the matter of minimum variance. The current application drawings indicate a building height of 39 feet, with a stair tower with a height of feet. In this situation, where the variance is needed for only a portion of the facility, it appears likely that this request for a variance of six feet is the minimum variance. The Commission may decide that the Applicant s request satisfies the criterion regarding the minimum variance. It is noted the same may not be said of any architectural appurtenances which may exceed the maximum building and absolute height. The applicant did not address architectural appurtenances as part of the application and narrative. Also, at the time of this review the final architectural style has not been determined. 5 5 The Planning Board will be holding a workshop and meeting on Tuesday June 18, 2013, to present different architectural styles to the public and seek their input on such style. Following this presentation, it is anticipated the Planning Board will make a recommendation to the City Commission on the design. This recommendation will be presented to the City Commission at your meeting on June 20 th.

14 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 14 However, the Commission may consider the findings for a comprehensive plan amendment, of the Planning Board and City Commission related to appurtenance height as cause to approve such a variance given their necessary review and consideration of factors which include, but may not be limited to, consistency of the building design in implementing the Downtown Design Based Code and the Comprehensive Plan 7. The granting of the variance will be in harmony with the general purpose and intent of the land development regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. If granted, the height variance would affect only a portion of the fire station design the stair tower and architectural appurtenances. Otherwise, it is generally true that the Applicant plans to construct this facility in conformance with the City regulations. Given these factors, and if the special circumstances exist, then the Commission may decide that granting the variance will not be injurious to the neighborhood. Further, the Commission may consider the findings of the Planning Board and City Commission related to stair tower and appurtenance height as evidence of compliance with this criterion given their necessary review and consideration of factors which include, but may not be limited to, consistency of the building design in implementing the Downtown Design Based Code and the Comprehensive Plan. G. Summary with Staff, Board of Adjustment, and Planning Board Recommendations Staff Summary and Recommendation Staff believes that the application appears to provide adequate information and evidence for the Board to make a decision that the request is deserving of special consideration for height. It appears that the Applicant has provided an application which satisfies the required findings of fact, as written in Paragraph D above. However, it is important for the Commission to consider other factors related to this application, including but not limited to: Compatibility of the increase in height with the surrounding neighborhood, and if granting the request would be in harmony with the general purpose and intent of the land development regulations. Consistency of the building design and height in implementing the Downtown Design Based Code and the Comprehensive Plan. Staff recommends changes to the process for granting variances and comprehensive plan special consideration for applications for improvements greater than 45 feet in height and greater than 10/28 units per acres. Of course these amendments are more of a policy decision rather than one as a result of an application or necessary technical correction. For variances to the City Charter, staff does not recommend approval or denial, only identifies if the application has addressed the required criteria for granting a variance. From the evidence, the Commission must decide if special circumstances exist with the land and must decide if granting the variance would be in harmony with the general purpose and intent of the development regulations, and would not harm the neighborhood.

15 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 15 Board of Adjustment Summary and Recommendation The Board of Adjustment (BOA) is scheduled to hear and decide upon this request for building height variance (Case No ) at a public hearing scheduled on June 19, Included in the action and conditions of any variance approval will be the approval of a Comprehensive Plan Text amendment. A copy of the BOA recommended conditions is presented as Attachment E. The Board s recommendation will be presented to the City Commission at or before the Commission s introduction of this ordinance on June 20 th. Planning Board Summary and Recommendation The Planning Board, acting as the City s land planning agency, reviewed and considered this Comprehensive Plan text amendment at a public hearing on June 3, Following revisions to Section 3 to clarify the purpose of the text amendment, the unanimous Planning Board was to approve the comprehensive plan text amendments. Staff also asked the Board to consider a Future Land Use Map (FLUM) amendment to change a portion of the City Hall campus property from a General Commercial FLUM designation to a Public FLUM designation. This amendment would provide a consistent FLUM designation across the entire City Hall campus. The Board asked that such an amendment be processed separately and not be part of this amendment cycle. The Planning Board s findings specific to Section 3 of the ordinance were: In accordance with City of Cocoa Beach Land Development Code Section 5-65, and City Comprehensive Plan Policy I.4.11, the Board, having studied, considered and found the application meets the requirements of the criteria necessary for a comprehensive plan amendment, recommends special consideration be granted to allow construction of a fire station building/structure (stair/training tower and architectural appurtenances) with a height not to exceed 60.0 feet above crown of abutting road, subject to the following conditions: a) Location is specific to area identified by legal description on a survey, and on Site Development Plan Case No b) Variance to height must be granted by the City Commission in accordance with City Charter Section c) Construction must be substantially consistent with the Site Development Plan Case No , or as amended by any condition of approval of that site development plan. d) Compliance with all conditions of related Board of Adjustment approvals. e) This approval does not grant the Applicant an undeniable right to obtain a building permit. All other Federal, State and Local regulations remain in full force and effect Key Facts/Issues Requiring Discussion If the Commission approves introduction and first reading of Ordinance 1564, the ordinance will be presented at first public hearing on July 18, 2013.

16 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page 16 The Board of Adjustment is scheduled to hear and decide upon this request for building height variance (Case No ) at a public hearing scheduled on June 19, The Board s recommendation will be presented to the City Commission at or before the Commission s introduction of this ordinance on June 20 th. The Planning Board, acting as the City s land planning agency, reviewed and considered this Comprehensive Plan text amendment at a public hearing on June 3, The unanimous recommendation of the Planning Board was to approve the comprehensive plan text amendments. Consider a Future Land Use Map (FLUM) amendment to change a portion of the City Hall campus property from a General Commercial FLUM designation to a Public FLUM designation. Sections 4 of the Ordinance would eliminate the present requirement for a comprehensive plan amendment for any new construction that would be greater than 45 feet in absolute height (above crown of abutting road) and less than or equal to 70 feet in absolute height. Such applications would only require a variance to City Charter Section 6.04, to be approved by the City Commission, and a variance to Land Development Code building height requirements to be approved by the Board of Adjustment. This amendment is a policy decision rather than one as a result of an application or necessary technical correction. Section 5 of the proposed ordinance, would eliminate the present requirement for a comprehensive plan amendment for new residential construction greater than 10 units per acre but not to exceed 12 units per acre; and new hotel/motel construction greater than 28 units per acre but not to exceed 30 units per acre. This amendment is a policy decision rather than one as a result of an application or necessary technical correction. Recent changes to the Growth Management Statute would preclude the state from a required review of the amendment (2) & (3), F.S., provides for what is now known as expedited review. With this expedited review, it is not anticipated any comments would be forthcoming from any state agency or the county. After agency review, the City will consider the amendments in a second, required public hearing before the City Commission. In addition to the Comprehensive Plan amendment, the City Commission must also grant a variance to building height in accordance with provisions of City Charter Section This variance hearing is anticipated to be held on the same date as the adoption public hearing for this plan amendment (Ordinance No. 1564). The date anticipated for this action is September 19, Costs The costs associated with this ordinance will include three public hearing advertisements (Planning Board 1, City Commission 2) and staff review time associated with creating and approving the ordinance. Staff notified adjacent property owners prior to the Planning Board public hearing. Staff will notice adjacent property owners, regarding the July 18 th City Commission public hearing. An additional notice will be mailed identifying the adoption public hearing date scheduled for September 19, Savings: Not applicable. 4. Source of Funds: Fees for a variance application and a comprehensive plan amendment have been paid by the Applicant and/or transferred to Development Services from the capital project account.

17 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Re: Comprehensive Plan Text Amendment Ord. 1564, including Height Variance for Fire 50 S. Orlando Date: June 11, 2013 for Commission Meeting June 20, 2013 Page Communications Staff followed public notice procedures for the Planning Board, pursuant to LDC Section 5-66(A), including notification to adjacent property owners for the Planning Board s public hearing. Staff will also provide mail notification within thirty (30) days prior to the Commission s public hearing scheduled for February 7, 2013 and April 4, The ordinance hearing before the City Commission will be advertised pursuant to Florida Statutes, and applicable provisions of the City Code. 6. Environmental Impact: Not applicable. 7. Department Representative: Anthony Caravella, AICP, Director of Development Services 8. Staff Recommendation The Board of Adjustment (BOA) public hearing on the variance requests(s) is scheduled for June 19 th. The Board s recommendation will be forwarded to the Commission at their June 20 th meeting. The unanimous Planning Board action on June 3, 2013, was to recommend approval of the Comprehensive Plan Text Amendments. Staff supports the Planning Board recommendation. Staff supports the ordinance as presented. 9. Recommended Motion: I move to approve Ordinance 1564 on introduction and first reading, and set for second reading and first public hearing as required by law Legal Description A portion of Section 15, Township 25 South, Range 37 East, being Lots 1-17, and Lots 22-27, together with that portion of the 15- feet wide alley lying North of said Lot 13, all in Block 33, COCOA BEACH Subdivision according to the plat thereof recorded in Plat Book 3, Page 54, of the Public Records of Brevard County, Florida. Containing 2.77 acres, more or less. Parcel ID # s DD , DD , DD , and DD Enclosures: Site plan, survey, and elevation documents Attachments A. Draft Ordinance No B. Vicinity/Location and Aerial Maps C. Applicant s Narrative documents D. Excerpt, elevation sketches & proposed site plan E. BOA recommended conditions Copies File DRC Small City Manager Ryan Duckworth, Fire Chief; John Adair, Public Works Mike Allen, PE; Allen Engineering; PO Box ; Cocoa Beach, FL 32932

18 THE FOLLOWING EIGHT (8) PAGES ARE: ATTACHMENT A Ordinance 1564 Comprehensive Plan Amendment Authorizing new construction with a height not to exceed 60.0 feet above crown of abutting road for City Fire Station -and- Amending procedures, under certain circumstances, for approval of variances for height greater than 45 feet and variances for density greater than 10 units per acre residential and 28 units per acre for transient accommodations (motels, hotels) City Comprehensive Plan Amendment Case City Commission Briefing 1/3/2013: Case No , Inn at Cocoa Beach, Height Variance, 4300 Ocean Beach Boulevard

19 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN, 2010 OF THE CITY OF COCOA BEACH BY AMENDING THE FUTURE LAND USE ELEMENT BY MAKING TEXT CHANGES TO POLICY I.4.11, GRANTING SPECIAL CONSIDERATION TO THE CITY OF COCOA BEACH FIRE STATION TO ALLOW A BUILDING/STRUCTURE HEIGHT OF NO GREATER THAN SIXTY (60) FEET FOR A STAIR/TRAINING TOWER AND ARCHITECTURAL APPURTENANCES AT 50 SOUTH ORLANDO AVENUE, MAKING TEXT CHANGES TO POLICY I.4.11 AUTHORIZING INCREASES IN HEIGHT GREATED THAN 45 FEET FOR CERTAIN IMPROVEMENTS TO BE PROCESSED IN ACCORDANCE WITH CITY CHARTER AND LAND DEVELOPMENT CODE REQUIREMENTS, MAKING TEXT CHANGES TO POLICY I.4.12 AUTHORIZING INCREASES IN DENSITY GREATER THAN 10 RESIDENTIAL UNITS PER ACRE AND 28 HOTEL MOTEL LODGING UNITS PER ACRE FOR CERTAIN IMPROVEMENTS TO BE PROCESSED IN ACCORDANCE WITH CITY CHARTER AND LAND DEVELOPMENT CODE REQUIREMENTS; FINDING CONFORMITY WITH STATE STATUTES; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section of the Code of Ordinances of the City of Cocoa Beach Florida, provides for the adoption, by reference, of the Comprehensive Plan of the City of Cocoa Beach; and, WHEREAS, the City Commission of the City of Cocoa Beach, in 1991 by adoption of Ordinance No. 932, adopted the Comprehensive Plan of the City of Cocoa Beach in accordance with the State of Florida Local Government Comprehensive Planning and Land Development Regulation Act; and, WHEREAS, the City of Cocoa Beach Comprehensive Plan was amended and updated by the City Commission by adoption of Ordinance No in February, 2000; adoption of Ordinance 1328 in June, 2002; adoption of Ordinance 1352 in June, 2003; adoption of Ordinance 1376 in June, 2004; adoption of Ordinance 1404 in September, 2005; adoption of Ordinance 1432 in July, 2006; adoption of Ordinance 1456 in November, 2008, adoption of Ordinance 1528 in February, 2012, and adoption of Ordinance 1558 in April, 2013; and, WHEREAS, upon application assigned Case No , the City has identified changes deemed necessary to implement and promote proper land planning within the City; and, WHEREAS, the City of Cocoa Beach Planning Board and Local Planning Agency on June 3, 2013, held a duly noticed public hearing on the proposed changes to the Comprehensive Plan, and has made recommendations to the City Commission regarding adoption of the changes; and, WHEREAS, public hearings on the proposed Comprehensive Plan amendments hereinafter described were duly advertised and held by the City Commission of the City of Cocoa Beach on and, and at such hearings interested parties and citizens for and against the proposed plan amendments were heard; and, K:\userdata\SHARED\Building Department\CASES\2013\2013May\Fire_Station\Ord 1564 Fire Station Comp Plan ( ).docx

20 WHEREAS, the City of Cocoa Beach, Florida, and its Land Planning Agency have complied with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act in preparing and noticing the proposed amendments to the Comprehensive Plan; and, WHEREAS, the proposed amendments to be adopted by this Ordinance comply with the statutory and regulatory requirements of the aforesaid Act. NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Cocoa Beach, Florida as follows: SECTION ONE: This Ordinance is adopted in conformity with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Sections through , Florida Statutes (2012). SECTION TWO: Amendments to the City of Cocoa Beach Comprehensive Plan hereinafter described are hereby adopted and approved. SECTION THREE: Text amendment to authorize special consideration for absolute building height not to exceed feet above crown of abutting road, and grant special consideration to the City of Cocoa Beach Fire Station No. 51 for building height not to exceed feet above grade at 50 South Orlando Avenue.1 Amend the City of Cocoa Beach Comprehensive Plan Goals, Objectives and Policies, Section I, Future Land Use Element, Policy I.4.11, as follows (additions in underline form and deletions in strike through form): Policy I.4.11: To protect existing residential areas from encroachment by land uses which are incompatible due to building height, the City shall regulate maximum allowable building height and allow exemptions for existing buildings. (a) The maximum allowable building height for all new construction is limited to 45 feet above crown of the abutting road, unless exempted as set forth below: 1. Existing buildings (having been constructed as of the effective date of Ordinance 1328 which is ) having a height greater than 45 feet above grade may be repaired or rebuilt to the same height and floor/area ratio, but without increasing any other nonconformity. 2. Special consideration may be given to allow new structures at a height greater than 45 feet, but in no event greater than 70 feet, when: An applicant/property owner petitions for public hearings before the Planning Board, the Board of Adjustment and City Commission. The applicant must demonstrate land use compatibility and consistency with zoning standards, objectives and public infrastructure; 1 Revisions by Planning Board on June 3, 2013 Ordinance 1564 Cocoa Beach Comprehensive Plan Text Amendment Page 2 of 8

21 (b) (c) Petitions may be considered only when the application includes density restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers; Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow structures at a height greater than 45 feet; and, The applicant must petition for comprehensive plan text amendment to specifically identify the location [property] in the City where these structures will be constructed. Such amendment must specify the height authorized by the special approval. Residential areas shall be buffered by tiered heights from higher structures. Intervening rights of way or canals cannot be considered buffers. Special consideration for building height are granted for the location(s) identified below: 1. Cocoa Beach Junior/Senior High School, Performing Arts Facility located at 1500 Minutemen Causeway, on property having the legal description: BEGINNING at the NE corner of Section 16, Township 25 South, Range 37 East and run South 1980 feet; thence West 1980 feet; thence North 1980 feet; thence East 1980 feet to the POINT OF BEGINNING, Brevard County, Florida. Containing 90 acres, more or less. Parcel ID: ; and, based on plans, specifications, and location as identified in City application number , with a height not to exceed seventy (70) feet th Floor Unit 16 foot x 16 foot sun room addition, Inn at Cocoa Beach located at 4300 Ocean Beach Boulevard, on property having the legal description: Lots 8-14, Block 5, COCOA OCEAN BEACH SUBDIVSION, according the plat thereof as recorded in Plat Book 10, Page 16; and together with the South one-half of the alley formerly existing which extended from Ocean Beach Boulevard on the West to the 40-feet promenade on the East, between Lots 7 and 8, Block 5, COCOA OCEAN BEACH SUBDIVSION, which alley has been closed to public use; Public Records of Brevard County, Florida. Containing 1.22 acres, Parcel ID: CI ; and, based on plans, specifications, and location as identified in City variance application number , and building permit application , with a height not to exceed feet. Ordinance 1564 Cocoa Beach Comprehensive Plan Text Amendment Page 3 of 8

22 Stair and Training Tower for new City of Cocoa Beach Fire Station No. 51 construction, located at 50 South Orlando Avenue, on property having the legal description: Lots 1-17, inclusive, and Lots 22-27, inclusive, together with that portion of the 15 foot wide vacated (O.R. Book 833, Page 137) alley lying North of said Lot 13, all in Block 33, COCOA BEACH Subdivision, according to the plat thereof as recorded in Plat Book 3, Page 54; Public Records of Brevard County, Florida. Containing 2.77 acres, Parcel ID s: DD , DD , DD , and DD ; and, based on plans, specifications, and location as identified in City variance application number and site development plan application , with a height not to exceed 60.0 feet. SECTION FOUR: Amend the City of Cocoa Beach Comprehensive Plan Goals, Objectives and Policies, Section I, Future Land Use Element, Policy I.4.11, as follows (additions in underline form and deletions in strike through form): Policy I.4.11: To protect existing residential areas from encroachment by land uses which are incompatible due to building height, the City shall regulate maximum allowable building height and allow exemptions for existing buildings. (a) The maximum allowable building height for all new construction is limited to 45 feet above crown of the abutting road, unless exempted as set forth below: 1. Existing buildings (having been constructed as of the effective date of Ordinance 1328 which is ) having a height greater than 45 feet above grade may be repaired or rebuilt to the same height and floor/area ratio, but without increasing any other nonconformity. 2. Special consideration Variance may be given to allow new structures at a height greater than 45 feet, but in no event greater than 70 feet, when:2 An applicant/property owner petitions for public hearings before the Planning Board, the Board of Adjustment and City Commission. The applicant must demonstrate land use compatibility and consistency with zoning standards, objectives and public infrastructure; Petitions may be considered only when the application includes density restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers; Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow structures at a height greater than 45 feet; and, 2 Staff modified draft on June 11, 2013, to remove special consideration from text from that which was presented at Planning Board. Special consideration variance is redundant. Ordinance 1564 Cocoa Beach Comprehensive Plan Text Amendment Page 4 of 8

23 (b) (c) The applicant must petition for comprehensive plan text amendment to specifically identify the location [property] in the City where these structures will be constructed. Such amendment must specify the height authorized by the special approval. 3. Special consideration may be given to allow new structures at a height greater than 70 feet, when: An applicant/property owner petitions for public hearings before the Planning Board, the Board of Adjustment and City Commission. The applicant must demonstrate land use compatibility and consistency with zoning standards, objectives and public infrastructure; Petitions may be considered only when the application includes density restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers; Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow structures at a height greater than 45 feet; and, The applicant must petition for comprehensive plan text amendment to specifically identify the location [property] in the City where these structures will be constructed. Such amendment must specify the height authorized by the special approval. Residential areas shall be buffered by tiered heights from higher structures. Intervening rights of way or canals cannot be considered buffers. Special consideration for building height are granted for the location(s) identified below: 1. Cocoa Beach Junior/Senior High School, Performing Arts Facility located at 1500 Minutemen Causeway, on property having the legal description: BEGINNING at the NE corner of Section 16, Township 25 South, Range 37 East and run South 1980 feet; thence West 1980 feet; thence North 1980 feet; thence East 1980 feet to the POINT OF BEGINNING, Brevard County, Florida. Containing 90 acres, more or less. Parcel ID: ; and, based on plans, specifications, and location as identified in City application number , with a height not to exceed seventy (70) feet th Floor Unit 16 foot x 16 foot sun room addition, Inn at Cocoa Beach located at 4300 Ocean Beach Boulevard, on property having the legal description: Lots 8-14, Block 5, COCOA OCEAN BEACH SUBDIVSION, according the plat thereof as recorded in Plat Book 10, Page 16; and together with the South one-half of the alley formerly existing which extended from Ocean Beach Boulevard on the West to the 40-feet promenade on the East, between Lots 7 and 8, Block 5, COCOA OCEAN BEACH SUBDIVSION, which alley has been closed to public use; Ordinance 1564 Cocoa Beach Comprehensive Plan Text Amendment Page 5 of 8

24 Public Records of Brevard County, Florida. Containing 1.22 acres, Parcel ID: CI ; and, based on plans, specifications, and location as identified in City variance application number , and building permit application , with a height not to exceed feet. 3. Stair and Training Tower for new City of Cocoa Beach Fire Station No. 51 construction, located at 50 South Orlando Avenue, on property having the legal description: Lots 1-17, inclusive, and Lots 22-27, inclusive, together with that portion of the 15 foot wide vacated (O.R. Book 833, Page 137) alley lying North of said Lot 13, all in Block 33, COCOA BEACH Subdivision, according to the plat thereof as recorded in Plat Book 3, Page 54; Public Records of Brevard County, Florida. Containing 2.77 acres, Parcel ID s: DD , DD , DD , and DD ; and, based on plans, specifications, and location as identified in City variance application number and site development plan application , with a height not to exceed feet. SECTION FIVE: Amend the City of Cocoa Beach Comprehensive Plan Goals, Objectives and Policies, Section I, Future Land Use Element, Policy I.4.12, as follows (additions in underline form and deletions in strike through form): Policy I.4.12: To protect existing residential areas from encroachment by land uses which are Incompatible due to development density, and ensure safe hurricane evacuation times, the City shall regulate maximum allowable residential and transient lodging density, and allow exemptions for existing residential and transient lodging developments. (a) The maximum allowable density for all new construction is limited to ten (10) residential dwelling units per gross acre or twenty-eight (28) transient lodging rooms per gross acre, unless exempted as set forth below: 1. Existing properties (having been constructed as of the effective date of Ordinance No. 1328) having a density greater than ten (10) residential dwelling units per gross acre or twenty-eight (28) transient lodging rooms per gross acre may be repaired or rebuilt to the same density, but without increasing any other nonconformity. 2. Special consideration Variance may be given to allow new development at density greater than ten (10), but in no event greater than twelve (12), residential dwelling units per gross acre or twenty-eight (28), but in no event greater than thirty (30), transient lodging rooms per gross acre when: An applicant/property owner petitions for public hearings before the Planning Board, the Board of Adjustment and City Commission. The applicant must demonstrate land use compatibility and consistency with zoning standards, objectives and public infrastructure. Ordinance 1564 Cocoa Beach Comprehensive Plan Text Amendment Page 6 of 8

25 Petitions may be considered only when the application includes height restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers; Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow development at a density greater than ten (10) residential dwelling units per gross acre or twenty-eight (28) transient lodging rooms per gross acre; and, The applicant must petition for comprehensive plan text amendment to specifically identify the location [property] in the City where these structures will be constructed. Such amendment must specify the density authorized by the special approval. 3. Special consideration may be given to allow new development at density greater than twelve (12), residential dwelling units per gross acre or thirty (30), transient lodging rooms per gross acre when: An applicant/property owner petitions for public hearings before the Planning Board, the Board of Adjustment and City Commission. The applicant must demonstrate land use compatibility and consistency with zoning standards, objectives and public infrastructure. Petitions may be considered only when the application includes height restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers; Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow development at a density greater than twelve (12) residential dwelling units per gross acre or thirty (30) transient lodging rooms per gross acre; and, The applicant must petition for comprehensive plan text amendment to specifically identify the location [property] in the City where these structures will be constructed. Such amendment must specify the density authorized by the special approval. SECTION SIX: The City Manager is hereby authorized and directed to transmit these comprehensive plan amendments to appropriate reviewing agencies and indicate that the proposed amendments are subject to expedited review pursuant to (3), Florida Statutes. The manager shall also transmit copies to the East Central Regional Planning Council, to the St. Johns River Water Management District, to the Department of Environmental Protection, to the Florida Department of Transportation, and any other governmental agency in the State of Florida that has filed a written request with the City Commission for a copy of the comprehensive plan amendments. SECTION SEVEN: CONFLICTS. Any and all Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Ordinance 1564 Cocoa Beach Comprehensive Plan Text Amendment Page 7 of 8

26 SECTION EIGHT: SEVERABILITY. If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provision of this Ordinance are declared severable. SECTION NINE: EFFECTIVE DATE. The effective date of this comprehensive plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission issues a final order determining the adopted amendment to be in compliance. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to state land planning agency. Upon Motion by Commissioner and Seconded by Commissioner, this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of, Ayes: Nays Absent or Abstaining: Dave Netterstrom Mayor-Commissioner ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Ordinance 1564 Cocoa Beach Comprehensive Plan Text Amendment Page 8 of 8

27 Atlantic Ocean SUBJECT PROPERTY PROPOSED FIRE STATION (generalized) Parcel ID # s DD , DD , DD , and DD Property located at 50 South Orlando Avenue (South of City Hall at 2 South Orlando Ave.) Note: Map not to scale North ATTACHMENT B (1 of 2) Vicinity/Location Map City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave.

28 LOCATION OF NEW FIRE STATION LOCATION OF STAIR/TRAINING TOWER Note: Not to scale ATTACHMENT B (2 of 2) Aerial of Property & Proposed Location of Structure City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave.

29 ATTACHMENT C (1 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

30 ATTACHMENT C (2 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

31 ATTACHMENT C (3 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

32 ATTACHMENT C (4 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

33 ATTACHMENT C (5 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

34 ATTACHMENT C (6 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

35 ATTACHMENT C (7 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

36 ATTACHMENT C (8 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

37 ATTACHMENT C (9 of 9) Application Documents City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

38 INITIAL PROPOSED ELEVATIONS ATTACHMENT D (1 of 2) Excerpt- Elevation Sketches City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave

39 PROPOSED SITE PLAN ATTACHMENT D (2 of 2) Proposed Site Plan City Commission Briefing 6/20/2013 for Case No , Cocoa Beach Fire Station Height Variance, 50 S. Orlando Ave