Mayor Leon Skip Beeler and Members of the City Commission. Anthony Caravella, AICP, Director of Development Services

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1 CITY COMMISSION BRIEFING & Planning Board Report For Meeting Scheduled for November 4, 2010 Thousand Island Conservation Area Rezoning Ordinance 1519 FINAL ACTION TO: FROM: THRU: RE: Mayor Leon Skip Beeler and Members of the City Commission Anthony Caravella, AICP, Director of Development Services Chuck Billias, City Manager Rezoning from GU, General Use, to B-1, Public and Recreation Use District Thousand Islands Conservation Area ORDINANCE 1519 THIRD READING, SECOND PUBLIC HEARING, AND FINAL ACTION CASE: DATE: October 22, 2010 Owner/Agent: Project/Location: Brevard County Environmentally Endangered Lands (EEL) Jenny Ashbury, Brevard County Parks; and State of Florida, Tallahassee, Florida; and City of Cocoa Beach, Florida Thousand Island Conservation Area Area: 382 acres +; 1,500 acres; Total: 1,890 acres + Land Use/Zoning: Request: Conservation/GU General Use District The City of Cocoa Beach plans to change the current zoning designation on certain lands located within the jurisdictional Thousand Islands and known as the Thousand Island Conservation Area (TICA). This is an administrative action. The petition relates to rezoning the site to B-1 Public and Recreational Use district. K:\userdata\SHARED\Building Department\CASES\2010\2010November(2009)\ Thousand Islands Rezoning\CCxfer Thousand Island Rezoning GU to B-1-SECOND-FINAL HEARING ( ).docx

2 Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Ordinance No.1519, Zoning Change on Thousand Islands from GU to B-1 Date: October 22, 2010 for Commission Meeting November 4, 2010 Page 2 A. Project/Zoning Information The City of Cocoa Beach seeks to amend its Official Zoning Map by changing the zoning designation on certain lands from GU General Use to B-1 Public and Recreational Open Space. The Applicant/Agents are Brevard County Environmentally Endangered Lands (EEL), and Brevard County Parks. In addition the City of Cocoa Beach may also be considered an Applicant/Agent because this action may also be considered to be an administrative rezoning i.e. assigning an appropriate zoning map designation to a Comprehensive Plan Future Land Use Map (FLUM) Conservation designation. This rezoning action concerns certain lands in the Banana River which lie in the Conservation Future Land Use Map designation and need to be assigned an appropriate zoning designation, that being a B-1 zoning district. Assigning the B-1 zoning district to these lands would make them consistent with the Land Development Code and the Cocoa Beach Comprehensive Plan. It is recommended that the Planning Board view this rezoning action as the means to implement the Land Development Code and the Comprehensive Plan. The subject property ( Property ) consists of numerous islands located in the Banana River abutting the Cocoa Beach main lands. The Property exists as undeveloped, wooded tracts with access primarily by marine vessel. The Applicant(s) plan to manage the site for conservation. Passive recreation uses, such as kayaking, hiking, and canoeing, are part of future plans for the Property. The Thousand Island lands planned for rezoning to B-1 include: EEL Lands On December 15, 2006, Brevard County, acting through the Brevard County Environmentally Endangered Lands (EEL) Program, purchased the Property. The Applicant identifies the land area as approximately 382 acres. [Note: These lands are also known as the Crawford/Reynolds tracts.] Lease Lands On October 1, 1991, the City of Cocoa Beach and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida entered into a lease agreement (#3923) regarding the Thousand Islands, with land area of approximately 1,500 acres. Remaining Islands In addition to the EEL and Lease Lands, a small number of islands are also part of this rezoning. These remaining island upland and wetlands generally lie to the west and southwest of the EEL Lands in Sections of Township 25, Range 37.

3 Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Ordinance No.1519, Zoning Change on Thousand Islands from GU to B-1 Date: October 22, 2010 for Commission Meeting November 4, 2010 Page 3 Reason for rezoning: The main reason for this rezoning is to correct the GU zoning designation on lands in the Conservation FLUM designation. The correct zoning district for Conservation is B-1. Rezoning the property to B-1 (matching the FLUM designation), would acknowledge the existing conservation-passive recreation use of the site. A vicinity/zoning map is presented as Attachment B. B. Summary of Staff Review Staff reviewed this petition relative to those criteria written in Land Development Code (LDC) Section Staff recognizes that many of the 22 criteria do not apply to this petition because these are conservation lands, and little if any substantive development is planned for the Property. The B-1 zoning designation does allow for recreation land uses; the zoning designation is compatible with the FLUM designation. With this rezoning, the nature of the overall land use will not change. A copy of the Land Development Code zoning district regulations for the B-1 zoning district is presented as Attachment C There are no apparent compatibility issues arising from this rezoning request. The Property has never been developed and exists as a wooded, river-conservation area and wildlife habitat. The Property has historically been used for passive recreation land uses, as described above. This rezoning action to B-1 will make the zoning designation consistent with the site s Future Land Use Map designation of Conservation (see reproduction of Future Land Use Map presented as Attachment E). C. Planning Board Review and Recommendation Zoning map amendments must be reviewed by the Planning Board. The Planning Board reviewed this request, in public hearing, at their September 13, 2010 meeting. The Planning Board s report to the City Commission must show the Planning Board has reviewed the request with respect to LDC Section 5-65 Review Functions and Requirements of the Planning Board Report to the City Commission (Attachment F). After review, the Planning Board voted, unanimously, to recommend approval of Rezoning Ordinance 1519 (Attachment A). The Planning Board also recommends that the City Commission make the rezoning criteria, Findings of Fact, identified below: Findings of Fact 1. The applicant has proved entitlement to the rezoning by demonstrating compliance with the Cocoa Beach Comprehensive Plan, the Land Development Code, the Code of Ordinances of Cocoa Beach, and any other applicable code or regulation. 2. The request will meet or exceed all performance standards set forth for the potential uses allowed by the request. 3. The request is consistent with the densities, intensities and general uses set forth in the Cocoa Beach Comprehensive Plan. 4. The request is compatible with existing or planned uses in the surrounding area.

4 Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Ordinance No.1519, Zoning Change on Thousand Islands from GU to B-1 Date: October 22, 2010 for Commission Meeting November 4, 2010 Page 4 5. Urban services are, or will be available and adequate to serve the proposed uses allowed by the requested zoning. 6. The proposed uses are appropriate at the subject location. D. City Commission Review and Action to Date The City Commission reviewed this zoning map amendment at their October 7, 2010 meeting, at which time the Commission approved the Ordinance on first reading and authorized setting the two public hearings as required by law, in this case on October 21, 2010 and November 4, On October 21, 2010, the City Commission approved (by a unanimous vote of 5-0) the Ordinance on second reading and first public hearing Key Facts/Issues Requiring Discussion Key facts are identified in this briefing paper. The main reason for this rezoning is to correct the GU zoning designation on lands in the Conservation FLUM designation. The correct zoning district for Conservation is B-1. Rezoning the property to B-1 (matching the FLUM designation), would acknowledge the existing conservation-passive recreation use of the site. The Planning Board unanimously recommends approval of this rezoning. 2. Costs Costs associated with this request include public notice advertising costs, staff and Planning Board review time, and Development Services staff time associated with preparing Planning Board and City Commission packets 3. Savings Not applicable. 4. Source of Funds Not applicable. 5. Communications The Planning Board held a public hearing on September 13, Two public hearings on the ordinance are required before the Commission, because the subject property is larger than 10 contiguous acres. Following Commission action on October 7, 2010, staff noticed by mail all affected property owners (see sample-attachment G ) of the public hearings for the Commission meetings on October 21, 2010 and November 4, Advertisement will be for the public hearing on November 4, Public notice to affected property owners will be in accordance with Florida Statutes (3) (c) 2c, with advertisement in accordance with (3) (a).

5 Memorandum to: Mayor Leon Skip Beeler and Members of the City Commission Re: Ordinance No.1519, Zoning Change on Thousand Islands from GU to B-1 Date: October 22, 2010 for Commission Meeting November 4, 2010 Page 5 6. Environmental Impact It is recommended that the City Commission view this rezoning action as the means to implement the Land Development Code and the Comprehensive Plan. This rezoning will assure that only passive recreation uses, such as kayaking, hiking, and canoeing, occur with the subject property. 7. Department Representatives Anthony Caravella, AICP, Director of Development Services 8. Planning Board Recommendation The Planning Board unanimously recommends approval of this rezoning. Staff supports the Planning Board recommendation. 9. Recommended Motion: I move to adopt Ordinance 1519 at final reading and public hearing. Attachments A. Draft Ordinance 1519 B. Vicinity/Zoning Map C. B-1 Zoning District Regulations D. Application Documents E. Reproduction of Future Land Use Map F. LDC Section 5-65 Criteria for Review of Zoning Applications G. Sample Notice to affected property owners Copies Jenny Ashbury, EEL Land Acquisition Coordinator Brevard County EEL Program 91 East Drive Melbourne, FL Board of Trustees of the Internal Improvement Trust Fund of the State of Florida 3900 Commonwealth Blvd, Room 412 Tallahassee, FL

6 THE FOLLOWING SIX (6) PAGES ARE: ATTACHMENT A Draft Ordinance No Rezoning Thousand Islands to B-1 from GU City Commission Briefing 11/04/2010 meeting: Thousand Islands Rezoning Case No Ord. No. 1519

7 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF COCOA BEACH FLORIDA BY CHANGING THE OFFICIAL ZONING MAP DESIGNATION ON APPROXIMATELY 1,890 ACRES OF LAND COMPRISED OF NUMEROUS ISLANDS LOCATED IN THE BANANA RIVER ABUTTING THE COCOA BEACH MAIN LANDS AND KNOWN AS THOUSAND ISLAND CONSERVATION AREA, FROM GU GENERAL USE DISTRICT TO B-1 PUBLIC AND RECREATION USE ZONING DISTRICT; DIRECTING THE ZONING CHANGE BE ENTERED ON THE OFFICIAL ZONING MAP; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Cocoa Beach, has adopted a 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, for purposes of implementing that Comprehensive Plan, and pursuant to Section 3-03, Land Development Code, the City has adopted an Official Zoning Map; and, WHEREAS, the City of Cocoa Beach has zoning district B-1, Public and Recreation Use, for use with tracts of land which may be located in the Conservation Future Land Use category, so that these lands would be consistent with the City of Cocoa Beach Land Development Code and the Cocoa Beach Comprehensive Plan; and, WHEREAS, the City Commission seeks to change the zoning designation on these platted tracts, legally described herein, from GU General Use to B-1 PUBLIC AND RECREATION USE ZONING DISTRICT, so that these lands would be consistent with the existing Conservation Future Land Use Map designation, Land Development Code and the Cocoa Beach Comprehensive Plan; and, WHEREAS, the City Comprehensive Plan Future Land Use Map (FLUE 2), identifies the properties subject to this ordinance as having a future land use designation of Conservation, which is consistent with the proposed zoning map designation of B-1; and, WHEREAS, 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 held duly noticed public hearing on September 13, 2010, regarding the proposed changes to the Official Zoning Map, and has, following study, consideration, and finding (where applicable) whether or not the criteria in City of Cocoa Beach Land Development Code Section 5-65 are satisfied, made recommendations to the City Commission regarding adoption of the changes; and, K:\userdata\SHARED\Commission - Agendas, Minutes, Ordinances, Resolutions, Packets\Ordinances - Permanent Retention\Ordinances\ \1519 GU to B-1 Rezone Thousand Islands.doc

8 WHEREAS, the City Commission received a report from the Planning Board, and such report indicates the Planning Board has studied and considered the proposed changes pursuant to Section 5-65 of the City s Land Development Code; and, WHEREAS, public hearings occurred, in accordance with procedures set forth in Land Development Code Section 5-66, on the proposed Official Zoning Map, changes hereinafter described were duly advertised and held by the City Commission of the City of Cocoa Beach on October 21, 2010 and November 4, 2010, and at such hearing interested parties and citizens for and against the proposed map amendments were heard; 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 ORDAINED by the City Commission of the City of Cocoa Beach, Florida as follows: SECTION ONE: The above recitals are true and correct, and by this reference are hereby incorporated herein and made an integral part hereof as though fully set forth herein. SECTION TWO: REZONING OF PROPERTY. The Official Zoning Map of the City of Cocoa Beach, Florida, adopted pursuant to Section 3-03 Official Zoning Map, The City of Cocoa Beach Land Development Code, be and the same is hereby amended by changing the zoning designation on approximately 1,890 acres of land within the municipal boundary of the City of Cocoa Beach, Brevard County, Florida, from GU, General Use zoning district to B-1 Public and Recreation Use zoning district; said lands graphically depicted on Exhibit A, attached hereto, and legally described on Exhibit B, attached hereto. SECTION THREE: The City Manager is hereby authorized and directed to revise the Official Zoning Map accordingly. SECTION FOUR: CONFLICTS. Any and all Ordinances or parts of Ordinances in conflict herewith be and the same hereby repealed. SECTION FIVE: 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 provisions of this Ordinance are declared severable. Ordinance 1519 Page 2 of 6

9 SECTION SIX: EFFECTIVE DATE. This Ordinance shall be become in full force and effect upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida and upon the changes have been duly entered upon the Official Zoning Map, both actions being required. 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, ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Ayes: Nays: Absent or Abstaining: Leon Skip Beeler, Mayor-Commissioner Ordinance 1519 Page 3 of 6

10 Exhibit A Reproduction of a Portion of the Official Zoning Map identifying Location of Property Rezoned from GU to B-1 Ordinance 1519 Page 4 of 6

11 Exhibit B Legal Description of Lands Rezoned from GU to B-1 Lands owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida: Parcel 1 Lands situated in Sections 3 and 4, Township 25 South, Range 37 East, Brevard County Florida, as described in O.R. Book 2971, Page 1523, Public Records of Brevard County Florida. Parcel ID # ; containing acres, more or less Parcel 2 Lands situated in Township 25 South, Range 37 East, Brevard County Florida, as described in O.R. Book 2971, Page 1528, O.R. Book 2971, Page 1508, and O.R. Book 2771, Page 1553, Public Records of Brevard County Florida. Parcel ID # ; containing acres, more or less Parcel ID # ; containing 4.87 acres, more or less Parcel ID # ; containing 4.94 acres, more or less Parcel ID # ; containing acres, more or less Parcel ID # ; containing acres, more or less Parcel ID # ; containing acres, more or less Parcel ID # ; containing 41.1 acres, more or less Parcel ID # ; containing 70.0 acres, more or less Parcel 3 Lands situated in Township 25 South, Range 37 East, Brevard County Florida, as described in O.R. Book 2971, Page 1559, O.R. Book 2971, Page 1554, and O.R. Book 2971, Page 1548 Public Records of Brevard County Florida. Parcel ID # ; containing acres, more or less Parcel 4 Lands situated in Township 25 South, Range 37 East, Brevard County Florida, as described in O.R. Book 2971, Page 1571, O.R. Book 2971, Page 1565, and O.R. Book 2971, Page 1508, Public Records of Brevard County Florida. Parcel ID # ; containing acres, more or less Parcel 5 Lands situated in Township 25 South, Range 37 East, Brevard County Florida, as described in O.R. Book 2971, Page 1537, and O.R. Book 2971, Page 1508, Public Records of Brevard County Florida. Parcel ID # ; containing 7.37 acres, more or less Parcel ID # ; containing 8.54 acres, more or less Parcel 6 Lands situated in Township 25 South, Range 37 East, Brevard County Florida, as described in O.R. Book 2971, Page 1528, Public Records of Brevard County Florida. Parcel ID # ; containing acres, more or less Parcel 7 Lands situated in Township 25 South, Range 37 East, Brevard County Florida, as described as all of Sections 16 and 21, Township 25 South, Range 37 East, except the East 1,980 feet of the North 1,980 feet and except the West 500 feet of the East 2,480 feet of the North 1,000 feet as described in O.R. Book 533, Page 370, Public Records of Brevard County Florida. Parcel ID # ; containing acres, more or less Ordinance 1519 Page 5 of 6

12 Exhibit B (continued) Legal Description of Lands Rezoned from GU to B-1 Lands owned by the City of Cocoa Beach, Florida: Parcel 8 Lands situated in Township 25 South, Range 37 East, Brevard County Florida, described as LOT 15, except lands East of Houseboat Creek, all in Convair Cove Subdivision, according to the plat thereof as recorded in Plat Book 12, Public Records of Brevard County Florida. Parcel ID # ; containing 6.00 acres, more or less Lands owned by Brevard County, Florida: Parcel 9 Lands situated in Section 15, Township 25 South, Range 37 East, Brevard County Florida, as described in O.R. Book 5730, Page 9307, Public Records of Brevard County Florida. Parcel ID # ; containing acres, more or less Parcel 10 Lands situated in Township 25 South, Range 37 East, Brevard County Florida, as described in O.R. Book 5858, Page 8854, Public Records of Brevard County Florida. Parcel ID # ; containing acres, more or less Parcel ID # ; containing acres, more or less Ordinance 1519 Page 6 of 6

13 LANDS IN GREEN ARE SUBJECT TO REZONING FROM GU GENERAL USE TO B-1 PUBLIC & RECREATION USE Thousand Island Conservation Area Note: Map not to scale ATTACHMENT B (1 of 1) Vicinity/Location Map City Commission Briefing 11/04/2010 meeting: Thousand Islands Rezoning Case No Ord. No. 1519

14 CITY OF COCOA BEACH CODE APPENDIX B Land Development Code CHAPTER III Zoning Section 3-12 B-1 Public and Recreational Open Space District A. SCOPE. The regulations contained within this section shall apply to the B-1 district as implemented by the Conservation and Recreation and Open Space Elements of the adopted local Comprehensive Plan. B. PURPOSE. The district is intended for public, conservation, or recreational activities and to preserve the natural resources and scenic assets of the city. C. PERMITTED PRINCIPAL USES AND STRUCTURES. This shall be: 1. Public parks, owned, operated, franchised or supervised by the city. 2. Publicly and privately owned conservation areas. 3. For any land use under private ownership: At a Floor Area Ratio (FAR) of less than 0.1. D. PERMITTED ACCESSORY USES AND STRUCTURES. This shall be: 1. Customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures (i.e., sheds, docks, and garages) that do not create an aggregate impervious surface that exceeds five percent (5%) of the tract. 2. Any improvement that will exceed five percent (5%) impervious surface but in no case may the aggregate impervious surface exceed forty percent (40%), nor may the aggregate building area exceed fifteen percent (15%). E. SPECIAL EXCEPTIONS. After public notice and hearing and subject to appropriate conditions and safeguards, the board of adjustment may permit the following as special exceptions: 1. Major public utility structures. 2. Reduction in minimum pervious area, pursuant to Table F. PROHIBITED USES AND STRUCTURES. This shall be any use not specifically or provisionally permitted herein, and any use not in keeping with the intended character of the district. G. MINIMUM OFF-STREET PARKING REQUIREMENTS. See Chapter IV, Article III of these regulations. H. LIMITATIONS ON SIGNS. See Chapter VI of these regulations. I. SIDEWALKS. This shall be installed in accordance with the provisions of Section 4-32 of these regulations. J. DENSITY. See Table K. PERVIOUS SURFACE. See Table 4-01 of these regulations for design standards. FROM TABLE 4-01: DISTRICT MINIUM PERVIOUS AREA B-1 95% (see note) Note: May be reduced to sixty percent (60%) upon Special Exception approval. Section ATTACHMENT C (1 of 1) B-1 Zoning District Regulations City Commission Briefing 11/04/2010 meeting: Thousand Islands Rezoning Case No Ord. No. 1519

15 ATTACHMENT D (1 of 2) Application Documents City Commission Briefing 11/04/2010 meeting: Thousand Islands Rezoning Case No Ord. No. 1519

16 ATTACHMENT D (2 of 2) Application Documents City Commission Briefing 11/04/2010 meeting: Thousand Islands Rezoning Case No Ord. No. 1519

17 Note: Map not to scale ATTACHMENT E (1 of 1) Reproduction of Future Land Use Map City Commission Briefing 11/04/2010 meeting: Thousand Islands Rezoning Case No Ord. No. 1519

18 CITY OF COCOA BEACH CODE APPENDIX B LAND DEVELOPMENT CODE Section 5-65 Review Functions and Requirements of the Planning Board Report to the City Commission A. ZONING MAP AND FLUM MAP AMENDMENTS. A map amendment report and recommendations to the city commission shall show the planning board has studied, considered and found (where applicable) whether or not: 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. 2. The request will meet or exceed all performance standards set forth for the potential uses allowed by the request. 3. The request is consistent with the densities, intensities and general uses set forth in the Cocoa Beach comprehensive plan. 4. The request is compatible with existing or planned uses in the surrounding area. 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. 6. Urban services are, or will be, available and adequate to serve the proposed uses allowed by the requested zoning. 7. The proposed uses are appropriate at the subject location. 8. The proposed change is consistent with the established land use pattern. 9. The proposed change would not create an isolated district unrelated to adjacent and nearby districts. 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. 11. Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 12. Changed or changing conditions make the passage of the proposed amendment necessary. 13. The proposed change will not adversely influence living conditions in the neighborhood. 14. The proposed change will not create a drainage problem. 15. The proposed change will not seriously reduce light or air to adjacent areas. 16. The proposed change will not adversely affect property values in the adjacent area. 17. The proposed change will be compatible with improvements or development of adjacent property in accordance with existing regulations. 18. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 19. There are substantial reasons why a reasonable use of property cannot be accomplished under existing zoning. 20. Whether the change suggested is out of scale with the needs of the neighborhood or the city. 21. It is impossible to find other adequate sites in the city for the proposed use in districts already zoned for such use. ATTACHMENT F (1 of 1) Criteria for Review of Zoning Applications City Commission Briefing 11/04/2010 meeting: Thousand Islands Rezoning Case No Ord. No. 1519

19 ATTACHMENT G (1 of 1) Sample Notice to Affected Property Owners City Commission Briefing 11/04/2010 meeting: Thousand Islands Rezoning Case No Ord. No. 1519