DISCUSSION. Surrounding Properties: Zoning District (see attached maps) Direction Existing Use Jurisdiction

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2 DISCUSSION Background This is a request by a landowner to rezone the majority of the property, 7.59 acres out of 9.69 acres (see the attached survey map) from the current zoning of C-1 (Low Density Commercial) to a more intense commercial district, C-2 (General Commercial). The following information has been compiled to assist the Board in making a recommendation concerning this request. PROPERTY ADDRESS 3780 & 3820 Minton Road PUBLIC HEARING DATES Planning and Zoning Board-January 23rd; City Council -February 6 & 20, 2018 BRIEF SUMMARY OF REQUEST This case is a property owner s request to rezone the back portion of their existing commercial properties from C-1 to C-2 and to retain the C-1 zoning on the front portion of the property. The property would have a split of zoning between C-1 and C-2. The property owner would like to build mini-storage units on part of the site that gets rezoned to C-2 APPLICANT/PROPERTY OWNER The applicant s representative is Attorney Phil Nohrr of Gray Robinson, representing KTJJ, LLC. (property owner) LOCATION RELATED TO SURROUNDINGS Near the intersection of Norfolk Parkway and Minton Road (the area in the red shading) Surrounding Properties: Direction Existing Use Jurisdiction North South East Vacant land owned by Seventh Day Adventist and day care, also Seventh Day Adventist Norfolk Parkway and subdivision entrance Sawgrass Lakes Minton Road and vacant property West Melbourne West Melbourne West Melbourne Zoning District (see attached maps) C-1, Low Density Commercial and P-1, Institutional No zoning on roads R-2, Multi-family West Sawgrass Lakes retention pond and closed landfill Closed landfill in Brevard County RLS in West Melbourne (Sawgrass Lakes) and GU, General Use - County Agenda Item 5.a January 23, 2018 Planning and Zoning Board Page 2 of 9

3 Rezoning properties in the City requires several public hearings and a decision by City Council. Both the City s staff and the Planning and Zoning Board are advisory to City Council who makes the decision whether to rezone or not. The following flow chart explains the process and the box in red represents the Planning and Zoning Board hearing on January 23, Citizen, Business Owner, other property owner Property owner Submitted a rezoning application to the City; staff evaluated and prepared a staff report, after advertising the rezoning request Planning and Zoning Board Holds a public hearing to give City Council reasons why or why not to rezone a specific property (usually based on staff's analysis). The Planning and Zoning Board is advisory to City Council City Council Holds up to two public hearings to decide whether to rezone a specific property or not (considerations given to public input, staff input and the Planning and Zoning Board input) Staff Analysis Consideration of whether a property should be rezoned is a process outlined in both the City s long term vision of the City, Horizon 2030 Comprehensive Plan, and the Code of Ordinances (daily implementation). The following sections describe the documents and policies reviewed as guides for evaluating the proposed rezoning by a property owner. 1 st set of review criteria - Horizon 2030 Comprehensive Plan: City staff reviewed the City s land development policies contained in the City s adopted Horizon 2030 Comprehensive Plan (volume 1) and we have included some of the policies below as part of our staff analysis of the property rezoning. Visioning Element excerpt, Policy 6.9, Balanced Residential and Business Interests Recognize that a vibrant community provides for the needs of residents and businesses by establishing land use and development practices that balance residential concerns and economic demands. Staff Comments Both properties on Minton Road had been developed in the 1950 s with houses, and since the new owner, KTJJ, Inc. purchased 3780 & 3820 Minton Road in 2016, both houses were demolished. The trend along Minton Road as it becomes more urban is for the older houses to either be demolished or refurbished for offices and other commercial uses. In this case, neither of the older houses were refurbished, and the Agenda Item 5.a January 23, 2018 Planning and Zoning Board Page 3 of 9

4 two properties have had interested commercial buyers such as specialty grocery stores, home improvement stores, gas stations and other endeavors inquire about redeveloping the sites. Both properties have a C-1, Low Density Commercial, zoning district which is a mid-intensity commercial district. The C-1 zoning district is in areas with arterial roads (Minton Road is an arterial) and convenient to major residential areas, and is intended to serve the needs of nearby neighborhoods. The current zoning district furthers the visioning policy by providing for the needs of potential businesses that can be placed on the C-1 zoned property while balancing the nearby residential areas (Sawgrass Lakes, and the ones in unincorporated County, Carriage Gate and Lund Gardens). Staff s opinion is that rezoning the properties to allow more intense commercial uses such as wholesaling and possibly warehousing; new and used auto lots; and some limited manufacturing of electronic and optical instruments, that the balance of potential uses to serve the nearby residents would be replaced with more regional types of uses that do not keep the balance between residential concerns and economic demands. Future Land Use Element excerpt, Policy 5.8, Rezoning Requests Since the city s zoning districts are directly related to the Future Land Use designations, these shall be consistent with the policies established herein, and the city shall evaluate rezoning requests according to the appropriate standards established by the corresponding land use designations by considering: a. Property location. b. Adjacent land use and zoning of the property. c. Proposed development intensity and density. d. Facility capacity. e. Balance of land areas available in the city for each land use. Staff Comments Future Land Use Policy 5.8 as quoted above is an aide for staff to either formally or informally use when evaluating rezoning requests and providing our staff opinion. In this case, where the property owner KTJJ, Inc. is seeking to rezone the rear portion of 3780 and 3820 Minton Road, staff s analysis using Policy 5.8 evaluation criteria is as follows: a. Property location These properties are located close to an intersection that could potentially become a busier one if Norfolk Parkway is extended to the St. Johns Heritage Parkway. This property is not a corner property since it has no frontage on Norfolk Parkway. Norfolk Parkway frontage is owned by DR Horton as part of its Sawgrass Lakes subdivision. From a zoning perspective regarding its location, the property is adjacent to institutional zoned land to the north and DR Horton owned property to the west (retention pond) and to the south (landscape buffer), and may not be the best location for an isolated rezoning, even if the proposal is a partial rezoning such as is proposed by KTJJ, Inc. b. Adjacent land use and zoning The Seventh Day Adventist properties to the north have a split of C-1 (Low Density Commercial) and P-1 (Institutional) zoning, while DR Horton s landscape buffer to the south and retention pond to the west have the C-1 zoning. There is no surrounding C-1 zoning, and until the property owner, KTJJ, Inc. purchased the property there had been no request to rezone either 3780 or 3820 Minton Road. The closed landfill that lies at the top of the hill for Norfolk Parkway is located in unincorporated Brevard County and has a zoning of GU, is a very broad category that allows everything from residential to more intense uses such as heliports and agriculture. If the City approves the rezoning from C-1 to C-2, the City may be igniting the beginnings of more rezoning in the area to more intense commercial and potentially industrial uses since it is not uncommon for properties adjacent to also request rezonings to allow more intense uses. Agenda Item 5.a January 23, 2018 Planning and Zoning Board Page 4 of 9

5 c. Proposed development intensity and density The property owner of 3780 and 3820 Minton Road has made it known that by rezoning this C-1 zoned property and by changing the Zoning district description of Principle uses and structures to allow self-storage facilities in all C-2 zoned sites, that they would like to have a self-storage facility, also known as mini-storage facility in the C-2 zoning district. In early discussions with the property owner, staff had indicated to the property owner that neither property on Minton Road was designated to allow mini-storage, which is currently only allowed in the industrially zoned sites in our city limits. Although the intensity of the mini-storage may not necessarily be more so than retail or other businesses, it is the nature of the mini-storage facilities that although slightly construed as retail in that the units are rented to the general public, is a dead storage and warehouse type of use typically found in industrial areas. d. Facility capacity This phrase refers to the increased level of service impacts that might be expected from rezoning a property. The City like all other cities in Florida is required to keep impacts from development at a level that does not exceed thresholds established for water, sewer and schools. Since 2011, transportation is no longer a facility that the City can impose level of service standards on according to private traffic engineers, but the City continues to implement traffic management on roadways such as Minton Road that are either at capacity during peak hours or will be unduly impacted by new development. The rezoning from C-1 to C-2 does not significantly impact water and sewer and there would little difference in the quantity of trips that could be generated from uses allowed in C-1 to the C-2 zoning district since the C-2 zoning district allows all of the uses that are allowed in the C-1 plus a few more. e. Balance of land areas available in the City for each land use The umbrella land use for both the C-1 and C-2 zoning districts is Commercial. This means that of the ten (10) future land use designations identified in the Future Land Use Element goals, objectives and policies in Volume 1 of the City s adopted Horizon 2030 Comprehensive Plan, that Commercial is one of the designations assigned to properties in our city limits. The primary land use in the city limits is Low Density Residential, approximately 45 percent, and the Commercial land use is approximately 15%, and this has historically been the case in our city limits since the continuing major land development pattern is residential with lesser commercial, industrial and institutional land uses. Since the rezoning request is to go from C-1 to C-2 zoning, the future land use designation would not be changed nor would the approximate percentages of land uses change in our city limits as a result of the rezoning, so this factor is not impacted. However, the City does not receive many requests for changing the zoning from C-1 to C-2 and in the past, these requests were from some of the major anchors such as Walmart so that a gas station could be built on the site. When service stations were allowed in the C-1 and C-P zoning districts, the City experienced fewer of these requests to upzone commercial property. There are more properties that are designated C-1 throughout the City than C-2, but given the more intense nature of C-2 zoning, the City normally allows the upzoning sparingly (see comparison of C-1 and C-2 zoning districts table below). Attachment 4 contains a more extensive listing of the properties in the city limits that have the C-1 and C-2 zoning districts. There was more area in the City that contained the C-2 zoning but many of these properties were recently converted to the C-W, Commercial Wickham and C-NH, Commercial New Haven districts. The data in Attachment 4 merely illustrates the current C-1/C-2 mix but this does not mean the City needs to start a new cluster of C-2 zoning at its south end. 2 nd set of review criteria - Code of Ordinances and Comparison of C-1 to C-2 districts: Agenda Item 5.a January 23, 2018 Planning and Zoning Board Page 5 of 9

6 The City s code of ordinances, in Chapter 66 contain the criteria for the information that must be provided by a property owner when requesting a rezoning. The property owner s representative, Phil Nohrr, has provided a complete application which allowed the public hearings to be scheduled for the rezoning request. The second part of staff s evaluation is to compare the differences between the two zoning districts, both in terms of the development standards and the types of uses allowed in each. Comparison of C-1 and C-2 Zoning districts: Comparison Feature West Melbourne C-1 (property already has this zoning) West Melbourne C-2 (desired zoning to allow mini-storage) Retail, personal service establishments (beauty shops, laundry places, nail Retail, personal service establishments places, etc.), professional offices, (beauty shops, laundry places, nail studios, clinics, hotels, motels, eating places, etc.), professional offices, and drinking establishments, vocational studios, clinics, hotels, motels, eating schools, financial institutions, parking Principle Uses and drinking establishments, garages, commercial recreation, radio vocational schools, financial and television broadcasting, churches institutions, parking garages, (above uses are allowed in C-1 and) commercial recreation, radio and Wholesaling, business service television broadcasting, churches, establishments, repair establishments service stations at intersections (appliances, household, and automotive repair, including body shops), new and used vehicle sales, veterinary clinics, service stations Maximum Intensity 40% maximum building coverage 40% maximum building coverage Minimum Lot Area 4000 square feet 4000 square feet Minimum Lot Width 40 feet 40 feet Minimum Lot Depth 100 feet 100 feet Maximum Height 40 feet 40 feet Minimum Setbacks*: Front 20 feet 20 feet Side, Interior Side, Corner 7.5 feet 20 feet 0 feet if next to C-2, or 7.5 for lot lines next to all other commercial districts 0 if next to C-2, or 20 feet next to all other commercial districts Rear 15 feet 20 feet * Under the City s C-2, lot lines that are adjacent to other C-2 would not have a setback, but all properties are required to provide a ten foot wide Agenda Item 5.a January 23, 2018 Planning and Zoning Board Page 6 of 9

7 DR Horton ponds Closed landfill zoned GU, General Use Minton Road landscape buffer. Staff Comments Regarding the dimension requirements for lot size, and setbacks in the table above, not much would change between the C-1 and C-2 zoning districts, although the C-1 zoning district always has minimum building setbacks, whereas the C-2 only has minimums for the sides if next to other zoning. However, staff s biggest concern is the fact that more intense uses as described under the row above labeled (auto lots, Principal Uses, are allowed in the C-2 zoning district than in the C-1 district. When the properties at 3820 and 3780 Minton Road were annexed into our city limits from unincorporated Brevard County in 2004, the zoning that was assigned was C-1 since that zoning district fit in with the corridor s character even in The Minton Road corridor has uses such as offices, single family residential subdivision entrances, schools, church, other civic uses, and retail. As described in the use table above, when comparing the C-1 district to the C-2 district, the C-1 district is slightly less intense and is a district that can be found near or next to single family housing, in contrast to the C-2 district which is usually next to other commercial or multi-family zoned lands. The attached map shows the current location of properties zoned C-1 and those zoned C-2. Vacant land Zoned GU In unin. Co. 3 rd set of review criteria Compatibility and Spot Zoning: There are six commercial zoning districts in the City of West Melbourne, C-1A, Professional Offices and Services, C-1, Low Density Commercial, C-2, General Commercial, C-P, Commercial Parkway, C-W, Commercial Wickham and C-NH, Commercial New Haven. In some instances, the future land use designation shown in the City s Future Land Use Map of its adopted Comprehensive Plan may prohibit a rezoning, but all of the City s commercial zoning falls under the designation of Commercial. The commercial zoning districts range in intensity of use from strictly office and ancillary uses such as in the C-1A district, and the C-2 zoning district encompasses the same uses found in the Inst. Zoning in gray C-1 Zoning in red Proposed to be C-2 Norfolk Parkway DR Horton Landscape area C-1 zoning district plus others. The C-P district is its own district which possesses many of the same uses found in the C-1 district but is mostly found in shopping centers, or at intersections of roads. The C-NH and C-W are two new zoning districts recently created to reduce some of the confusing array of adjacent commercial zoning districts along Wickham Road and New Haven Avenue. The City s zoning map shows the location of all these districts with the tendency for similar commercial zoning to be next to each other, or with some physical separating feature or for service station allowance such as at the Sam s Club and Walmart shopping centers. The City attempts to not have pockets or spots of different commercial zoning districts embedded in each other. The practice of having specific parcels of land within a larger zoned area with a different zoning than the rest is commonly referred to as spot zoning. In this case, if a block were defined by using Carriage Gate Drive to the north, Minton Road to the east, Norfolk Parkway to the south and the closed landfill in the County to the west, the properties in that block are zoned similarly. If 78% of the KTJJ property shown with the dashed yellow lines were rezoned, this would result in only Agenda Item 5.a January 23, 2018 Planning and Zoning Board Page 7 of 9

8 part of the block having the C-2 zoning, a less than ideal mix of zoning lines that probably would signal to surrounding property owners that they too could rezone to C-2. In 2004, when the properties at 3780 and 3820 Minton Road were annexed, the City did not envision an area that would have auto lots, body shops, nor service stations in this area. When the applicant first approached City staff to discuss how a change could be made to allow mini-storage on part of the properties at 3820 and 3780 Minton Road, the choices were to rezone the properties to industrial (which staff stated its opinion that this would be opposed), or to change the zoning district descriptions to allow mini-storage. However, staff also stated its opposing opinion to having mini-storage in the C-1 zoning district, the less intense district between the C-1 and C-2 districts. The applicant chose to submit a rezoning request to rezone part of their property from C-1 to C-2, and staff does not currently support this isolated rezoning that may set off a series of rezoning requests resulting in a change in character in the area from limited commercial to more intense commercial and semi-industrial types of uses. The fact that the vacant land to the north and the underutilized closed landfill to the west have the County s catch-all zoning of General Use, probably means that similar types of zonings to the surroundings will be sought in the unincorporated county areas next to the city limits, and not industrial or intense commercial types of uses. Public Notice and Public Input: The public hearing for the rezoning was advertised as required by Florida Statutes in Florida Today on August 31, 2017, and again on October 5, November 2, November 14 and 18 th. The advertisement for this rezoning was per Florida Statutes. Feedback from the public in opposition of the rezoning and the mini-storage use has been received. The public hearing process encourages input from the public as part of the due process of the proposed rezoning of land so that public officials can understand issues from the rezoning proponents and opponents. Conclusion: The proposed rezoning by KTJJ, LLc. Is not compatible with either the surrounding uses or the surrounding C-1 and Institutional zoning. It has been staff s experience with the existing development pattern along Minton Road, that developers primarily locate uses on Minton that serve the neighboring residents with retail or office types of uses. Although staff has received inquiries from developers about building ministorage along Minton Road to accommodate a need generated by new residential homes in West Melbourne, Melbourne and Palm Bay, this is not justification for rezoning one property to start the development of mini-storage in the south portion of the city limits while there are still vacant properties in the areas that have industrial or the C-W, Commercial Wickham that can be built upon with mini-storage. Lastly, rezoning KTJJ, LLc. s property to C-2 opens up the area to being developed with intense automotive types of uses such as car lots, paint and body shops and repair shops, and this could signal to other adjacent property owners to also rezone their property to C-2 to be able to have similar more intense uses. STAFF RECOMMENDATION APPROVE WITH CONDITIONS CONSISTENCY with the COMPREHENSIVE PLAN The proposed rezoning is consistent with the Commercial future land use designation in the City s Horizon 2030 Comprehensive Plan, but is contrary to the balance of commercial to residential types of uses in an area. DENY PROPERTY HISTORY The two properties were recently purchased by KTJJ, Inc. and the houses that had existed as rentals on the site were demolished to allow for a vacant site that could be occupied with commercial buildings. The new property owner had partially bought the property with the intention of building self-storage facilities. Agenda Item 5.a January 23, 2018 Planning and Zoning Board Page 8 of 9

9 CONSISTENCY with the LAND DEVELOPMENT REGULATIONS The proposed rezoning is not consistent with the careful consideration given to the initial zoning action given to the properties when they were annexed in 2004, of being C-1 and not C-2 or C-P. COMPATIBILITY with the SURROUNDING PROPERTIES The proposed rezoning to C-2 is not compatible with the remaining properties to the south, west and north which are C-1, and a mix of C-1 and P-1, Institutional and would create an island of area zoned C-2 instead of a logical placement of C-2 zoning next to other more intense types of zoning districts. SUBMITTED PLANS PUBLIC H EARING/ APPLICATION SUBMITTED LEGAL NOTICE- Staff advertised the rezoning request in the newspaper and with 500 radius mail outs per the City codes LEGAL DESCRIPTION Survey submitted with application that contains the legal description of the property being rezoned Recommendation: Recommend to City Council to deny the rezoning a 7.59 acre portion of the properties at 3780 and 3820 Minton Road in the City from C-1 (Low Density Commercial) to C-2 (General Commercial) zoning based on the analysis in the staff report. ATTACHMENTS 1. Aerial showing the property (from the applicant s representative) 2. Zoning Map (showing the current zoning) 3. Map showing C-1 and C-2 zoning currently in existence 4. Table showing C-1 and C-2 zoned properties Agenda Item 5.a January 23, 2018 Planning and Zoning Board Page 9 of 9

10 C A = 200 feet B = 650 feet C = 500 feet Total Distance approximately 1,350 feet B A

11 Legend SILVER SANDS ELLIS West Melbourne City Limits LAKE IBIS Interchange Commercial Overlay INDUSTRIAL CENTER EAST SHERIDAN LAKES JOHN RODES HUNTERS CREEK SHERIDAN ESTATES INDIAN RIVER GROVES AND GARDENS SHERIDAN WOODS ASHLEY MANOR SYLVAN PINES SHERIDAN GLENN SHERIDAN ACRES TIMBERLAKE FOUR OAKS ESTATES SHERIDAN MANOR WESTWOODS Zoning Districts IDLEWYLDE ESTATES R-A MELBOURNE GARDENS SHERIDAN EVANS THE FALLS AT SHERIDAN WICKHAM FORTUNE COOKIE PARK Town Center Overlay CENTRAL PARK MELBOURNE VILLAGE GARDENS SYLVAN ESTATES R-1AAA Single-Family Residential WOODLAND MANOR MEADOW-WOOD CRYSTAL OAKS L.S.T. ESTATES NEW HAVEN 192 OAKWOOD LAILA PARK ESTATES MINTONS CORNER NATIONAL POLICE HOME FDN. WALDEN OAKS CASTLE OAKS FAIRVIEW LAWN BRIARCLIFF BRY-LYNN ESTATES MELBOURNE MONA COURT PARK WESTERWOLD VILLA VERNE HIDDEN HEIGHTS COASTAL COMMERCE CENTER MELBOURNE ESTATES WOOD HAVEN MANOR PRESERVE AT HERITAGE OAKS MINTON SPENCE BROOKSHIRE AT HERITAGE OAKS EASTWOOD ONE AT HERITAGE OAKS WESLEY GROVES 95 CANNOVA PARK TIMBER RIDGE HENRY WOODFIELD AT HERITAGE OAKS FALCON RIDGE CANNOVA PARK CLIFTON EDGE HOLLYWOOD ESTATES WESTOVER BELLA LUNA GLOVER PLACE CLINES CORNER LAKEWOOD ESTATES KELL-MER HOMES HIGHLAND ESTATES DE ANGELIS PARK BIG PINE CLEMENT'S WOOD FAIRMONT SADDLEBROOKE CLEMENT'S WOOD WHISPERING WINDS HAMMOCK LAKES WEST Zoning STRATFORD POINTE LYNNWOOD DAIRY HOLLYWOOD WESTBROOKE CRYSTAL LAKES WEST OAK GROVE WEST MELBOURNE LANDINGS TAMARIND ESTATES HAMMOCK LAKES EAST EBER SAWGRASS LAKES MANCHESTER LAKES DISCLAIMER: This map is not a survey and should not be used as a survey. Road right-of-ways are approximate. Single-Family Residential R-1A Single-Family Residential R-1B Single-Family Residential R-2 One-, Two- and Multi-Family Dwelling RLS Residential Large Scale R-3 Multiple-Family Dwelling TR-1 Planned Development for Mobile Home Parks TRC-1 Single-Family Mobile Home Cooperative C-P Commercial Parkway C-1A Professional Offices and Services C-1 Low Density Commercial C-2 General Commercial C-W Commercial Wickham C-NH Commercial New Haven M-1 Light Industrial and Warehousing M-2 General Industrial P-1 Institutional IB Integrated Business GTWY-1 Gateway Interchange District City Zoning Has Not Been Established HAMMOCK LANDING N 1 Miles FO LK GARDENS R-1AA 0 NOR Proposed rezoning from C-1 to LUND C-2 Residential Agricultural WEST MELBOURNE INTERCHANGE CENTER PALM BAY Updated: 12/15/2017 By: City of West Melbourne Document Name: Zoning.mxd Sources: Brevard County Property Appraiser, City of West Melbourne Planning Department

12 Legend West Melbourne City Limits C-1 and C-2 Zoning C-1 Low Density Commercial C-2 General Commercial NOTE: This map illustrates the location of C-1 and C-2 zoning districts and does not replace the City's Zoning Map. N Miles DISCLAIMER: This map is not a survey and should not be used as a survey. Road right-of-ways are approximate. Updated: 12/15/2017 By: City of West Melbourne Document Name: C-1_C-2 Zoning_11x17.mxd Sources: Brevard County Property Appraiser, City of West Melbourne Planning Department

13 Agenda Item 5.a - Attachment 4 Zoning TaxAcct Acres (Parcel) Split Zoning Acres (Zoning) Parcel Address C Y 0.65 UNKNOWN FL C Y MEADOWLANE AVE WEST MELBOURNE FL C Y CARRIAGE GATE DR WEST MELBOURNE FL C Y MINTON RD WEST MELBOURNE FL C Y MINTON RD WEST MELBOURNE FL C Y MINTON RD WEST MELBOURNE FL C N W HIBISCUS BLVD UNIT BLDG.A WEST MELBOURNE FL C N 0.40 UNKNOWN FL C N 0.51 UNKNOWN FL C N 1.78 UNKNOWN FL C N DURHAM DR WEST MELBOURNE FL C N 2.09 UNKNOWN FL C N MINTON RD WEST MELBOURNE FL C N EBER BLVD WEST MELBOURNE FL C N EBER BLVD MELBOURNE FL C N 9.72 UNKNOWN FL C N 0.35 UNKNOWN FL C N 0.05 UNKNOWN FL C N MINTON RD WEST MELBOURNE FL C N 1.13 UNKNOWN FL C N MINTON RD UNIT 103 WEST MELBOURNE FL C N MEADOWLANE AVE WEST MELBOURNE FL C N BOSSIEUX BLVD WEST MELBOURNE FL C N W NEW HAVEN AVE UNIT 101 WEST MELBOURNE FL C N COASTAL LN WEST MELBOURNE FL C N UNKNOWN FL C N PALM BAY RD UNIT PAR.D WEST MELBOURNE FL C N PALM BAY RD UNIT SCCU WEST MELBOURNE FL C N PALM BAY RD UNIT PAR.C WEST MELBOURNE FL C N MINTON RD WEST MELBOURNE FL C N MINTON RD WEST MELBOURNE FL C N MINTON RD WEST MELBOURNE FL C N EBER BLVD WEST MELBOURNE FL C N MINTON RD WEST MELBOURNE FL C N MINTON RD WEST MELBOURNE FL C N MINTON RD WEST MELBOURNE FL C N PALM BAY RD WEST MELBOURNE FL C N 1.74 UNKNOWN FL C N 4.23 UNKNOWN FL C N 2.67 UNKNOWN FL C N MINTON RD WEST MELBOURNE FL C N 0.63 UNKNOWN FL C N 2.27 UNKNOWN FL C N MINTON RD WEST MELBOURNE FL C N 0.79 UNKNOWN FL C N UNKNOWN FL C N HOLLYWOOD BLVD UNIT LIFTST WEST MELBOURNE FL C N 0.15 UNKNOWN FL C N PALM BAY RD WEST MELBOURNE FL C N HOLLYWOOD BLVD WEST MELBOURNE FL 32904

14 C N 1.34 UNKNOWN FL C N HOLLYWOOD BLVD WEST MELBOURNE FL C N PALM BAY RD WEST MELBOURNE FL C N PALM BAY RD UNIT 109 WEST MELBOURNE FL C N PALM BAY RD UNIT 103 WEST MELBOURNE FL C N 0.02 UNKNOWN FL Acres of C-1 zoned properties C N 0.93 UNKNOWN FL C N 4.10 UNKNOWN FL C N COASTAL LN WEST MELBOURNE FL C N 0.34 UNKNOWN FL C N PALM BAY RD WEST MELBOURNE FL C N PALM BAY RD UNIT PAR.B WEST MELBOURNE FL C Y W NEW HAVEN AVE UNIT GAS WEST MELBOURNE FL C N PALM BAY RD UNIT PAR.A WEST MELBOURNE FL Acres of C-2 zoned properties

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16 DISCUSSION PROPERTY ADDRESS not applicable Would apply to properties zoned C-2 (6 total citywide see attached zoning map) Zoning Code PUBLIC HEARING DATE February 6, 2018 City Council 1 st reading BRIEF SUMMARY OF REQUEST A business owner, Mr. Boozer, would like to add the use, self-storage, also known as mini-warehouse facilities in a commercial zoning district other than just the industrial zoning districts see Attachment 1. COMPATIBILITY with the COMPREHENSIVE PLAN The proposed code amendment is consistent with the comprehensive plan which COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS PROPERTY HISTORY The applicant is Mr. Boozer, represented by his attorney, Phil Nohrr. Mr. Boozer recently bought the property at 3820 Minton Road that was previously used as a rental house. The property is currently zoned C-1 (9 acres), and in order to have the self-storage at the site, the property would have to be rezoned. The applicant understands this, but has not submitted a rezoning request yet to the City. Although the applicant has discussed with staff their intent to rezone the property west of Minton Road, and north of Norfolk Parkway (3820 Minton Rd) to C-2, the code amendment (Attachment 2) is to be deliberated based on its consistency with the intent and provisions of the C-2 district. Mini-warehouses are currently only allowed in the City s industrial zoning districts. ATTACHMENTS (CIRCLE) Proposed Code Language SUBMITTED PLANS N/A PUBLIC H EARING PETITION/ APPLICATION FORM Background This is a request by a property owner to amend the City of West Melbourne s C-2 zoning district (Chapter 98 of the City s Land Development Regulations-subpart B) to include a new use, self-storage facilities, also known as mini-warehouse. The following information has been compiled to assist the boards in making recommendations and determinations concerning this request. The applicant s representative is Phil Nohrr (a local attorney), who originally requested that mini-warehouse facilities be allowed in the C-1 district, but after discussions with staff about our concern of the prevalence of C-1 zoning next to residential, conceded that mini-storage in C-2 would be acceptable to his client. As mentioned above, mini-warehouse is already allowed in the industrial zoning districts, but up to now, self-storage has not been allowed in the commercial zoning districts, except for the newest one called C-W, Commercial Wickham. Staff Analysis Allowing a new use in an existing zoning district is a two-step process for staff s analysis of the request. First staff ensures that the new use is consistent with the policies describing the future land use designation contained in the goals, objectives and policies of the Future Land Use Element (Volume 1 of the comprehensive plan). After reviewing the City s Future Land Use Element of the comprehensive plan, 2 P a g e January 23, 2018 meeting

17 then staff reviews the requested language for the desired use, in this case, the mini-warehouse facilities as a conditional use permit, and staff simultaneously reviews the Zoning map to determine if placement of these new uses in the C-2 district will cause compatibility issues with neighboring properties. This code amendment to add the self-storage (referred to as mini-warehouse in the revised definitions code) in C-2 is consistent with the City s Future Land Use policies since the C-1, C-2, C-P, C-W, C-NH are all under the general future land use designation of Commercial. Mini-warehouses are currently allowed in the C- W zoning district by conditional use permit, but are not be permitted in the C-NH district due to the fact that there are more lots in the C-NH, of which many are next to single-family residential, that do not lend themselves to a sprawling self-storage layout with long hours of operation. Identification of Changed Zoning Code section (See Attachment 2): Section Conditional Uses (new use would become #9 in the list) By having mini-warehouses approved only as conditional uses, the City can determine if there are reasons such as incompatibility of uses or non-compliance with the listed performance standards for the selfstorage not to be allowed on a specific property. This provides greater oversight than to simply allow the self-storage by right without the site by site specific analysis required with each conditional use request. Intent Statement of C-2 (Chapter 98 Zoning Code): The intent statement of the C-2 zoning district in Zoning Code Section states: The C-2 general commercial district is intended to apply to an area intended to be developed and preserve as a major commercial center serving the commercial needs of the community and the region. The types of uses and other restrictions are intended to promote adequate protection from conflicts with adjacent residential and other noncommercial uses and to minimize the interruption of traffic along adjacent thoroughfares. If mini-warehouse uses are allowed as a conditional use permit then the listed minimal criteria regarding property size, setbacks, self-storage separation distances, height and outdoor storage mitigates adverse impacts to surrounding property owners and minimizes interruption to arterial roads. The C-2 zoning district is slightly more intense as a commercial district than the C-1 (Low Density) or C-P (Commercial Parkway) that allows automotive sales lots, wholesale establishments and auto-body, upholstery and automotive painting establishments. Criteria for self-storage uses in C-2(to be #9 of Sec ) see Attachment 2: If City Council approves the zoning code change to allow mini-warehouse as a conditional use, the following performance criteria in the C-2 district should be included: Property size must be at least five acres to allow enough space to situate buildings and parking lots without being on top of property lines. The minimum front setback will be 200 feet to ensure that the frontage of lots can still be occupied with retail uses that need high visibility versus miniwarehouses which do not need premium frontage. The separation distance of 1 mile will ensure that mini-storage units are not clustered in one location. 3 P a g e January 23, 2018 meeting

18 Landscape buffers areas of 15 feet in width instead of 10 feet in width, and no units facing existing residential uses. No outdoor storage (the industrial zoning districts already allow outdoor storage); and no storage of hazardous or flammable materials. Limit on storage unit space of 300 square feet to prevent spaces from becoming occupied by people conducting business. Business tax receipts cannot be issued for individual units to prevent the dead storage from becoming places from which to operate businesses out of. No caretaker units on site so that the mini-warehouse is truly only used for independent dead storage. The industrial zoning districts allow caretaker units because the presumption is that valuable equipment and other facilities may need a guard or other full time resident to protect the assets. Maximum height of 25 or up to 35 if additional criteria is met. Standards for architecturally pleasing exterior features. Sufficiently long driveway to accommodate larger vehicles that may be stack up onto adjacent local roads. Characteristics of existing C-2 zoned properties (Attachment 3): Staff also analyzes the location of the existing properties that contain the C-2 zoning and the likelihood of the new use to be placed on these sites. Staff does not analyze the potential of every property in the city limits to ask for a rezoning to C-2 since the specific analysis on whether a property is suitable for a different zoning district occurs on a case by case basis at the time of the request. However, the attached table identifies that after the City rezoned Wickham Road and New Haven Avenue properties to either the C-W or C-NH zoning districts, only 5 properties remain zoned C-2 (Attachment 4). None of those five identified sites are five (5) acres in size and therefore do not meet the initial criteria. It is certainly possible for those properties to amass additional land area to have the minimum property size, just as it is possible for other properties to request a rezoning, but staff only analyzes current situations. As stated at the beginning of this report, self-storage or mini-warehousing is already allowed in the City s industrial districts and are now allowed in the Wickham commercial area so there will be sufficient opportunities for business expansion to this type of use in other parts of the City. If the ability to have mini-storage in the C-2 zoning district were approved, staff believes there will be additional requests for rezoning since not all of the 5 existing properties meet the performance criteria for new mini-storage facilities (5 acres in size and separated from other mini-storage by a distance of 1 mile). Characteristics of industrially zoned and Commercial Wickham properties: The three zoning districts where mini-storage is allowed are: Commercial Wickham M-1, Light Industrial and Warehousing M-2, General Industrial The Commercial Wickham zoning district is a new zoning for properties located along Wickham Road, north of US 192 and south of Emerald Drive (the city limits which end south of Harris Corp.). The M-1 and M-2 zoning districts are located between John Rodes Blvd. and Old NASA Blvd. Both areas still contain some vacant lands or properties with older buildings that could be demolished to allow for construction of mini-storage units. The excerpt of the zoning map shown here illustrates the pinkish area signifying the CW zoned areas, and the bluish areas signifying the M-1 and M-2 zoned areas. 4 P a g e January 23, 2018 meeting

19 Adjacent Jurisdictions: The following table summarizes some of mini-warehouse regulations in other jurisdictions Jurisdiction Melbourne Brevard Rockledge Palm Bay Titusville Local Government Comparison of mini-warehouse codes Zoning Districts allowing miniwarehouse C-1, C-2, C-P, commercial zoning districts BU-1, Business Use and all BU-1 uses are allowed in all of the industrial districts M-2, Industrial and IP, Industrial Park CC, Community Commercial; HC, Highway Commercial; LI, Light Industrial; HI, Heavy Industrial RC, Regional Commercial; M-1, M-2, M-3, industrial districts Process Conditional use By right By right By special exception in commercial; by right in industrial By conditional use or limited use Criteria General conditional use criteria 12 specific listed criteria addressing everything from building coverage to appearance and prohibited conversion to business space Criteria provided in the definition of mini-warehouse everything from placement of doors and prohibited uses such as chemical storage and for operation of businesses From 4 to 9 criteria, ranging from prohibited conversion to business space or for garage sales, property size and cubicle max. size Conclusion: This proposal is fundamentally a policy question, and is legislative in nature. The fundamental question for the City to determine is if mini-storage should be allowed in commercial zoning (other than the C-W, Commercial Wickham zoning district) and not just in the industrial zoning districts. Attachment 2 contains the proposed code change to allow mini-warehouse in the C-2 district as a conditional use permit, which staff believes provides a more rigorous review process (conditional use permit), than if the use were specifically allowed in the zoning district. The mini-warehouse is a use that either can be added to a more intense commercial zoning district such as C-2 which allows wholesale establishments, auto body shops and similar repair shops. As illustrated in Attachment 3, there are not many existing properties zoned C- 2, however, since the City already allows the uses in the industrially zoned areas, there will be sufficient business opportunities for these types of uses to be spread throughout the City. The City s Planning and Zoning Board, provides their advisory recommendation to City Council. Public Notice: The public hearing for the new zoning district was advertised as required by Florida Statutes in the local section of the Florida Today on October 26, 2017 and again on January 4, Previous Action: Other than the initial postponement of this agenda item at the Planning and Zoning Board s November 2017 meeting, there has been no previous action by any boards. 5 P a g e January 23, 2018 meeting

20 Recommendation: The Planning and Zoning Board, as advisors to City Council, can recommend approval, approval with conditions or denial of the applicant s requested Zoning district revision which would allow mini-storage uses in C-2 zoning. If the City is going to allow mini-storage in a commercial zoning district, mini-storage should be limited to the C-2 zoning district with the performance criteria listed in Attachment 2. ATTACHMENTS 1. Application from Attorney Phil Nohrr for KTJJ, LLC. 2. Exhibit A potential code changes 3. Table showing listing of existing properties zoned C-2 4. Zoning Map showing C-1 and C-2 zoning 6 P a g e January 23, 2018 meeting

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25 5.b - Attachment 2 Exhibit A for an ordinance (the blue underlined text would be new language to be inserted into the C-2 district if approved) Sec Conditional Uses (9) Mini-warehouse facilities subject to the following a. Minimum lot size shall be five (5) acres. b. No storage unit shall be within one mile (1) of another mini-storage site. c. Minimum front setback shall be two hundred (200 ) feet. d. No door openings for any storage unit with the exception of emergency egress doors shall be constructed facing any residential zoned property. e. The submitted conditional use site plan shall include a landscape plan that includes buffers that are a minimum of 15 feet in width to allow trees that are larger at maturity to be planted unless the adjacent use is also a mini-storage facility, in which case the buffer can be reduced to 5 feet. f. Interior traffic lanes shall be a minimum of thirty-five (35) feet wide for two-way traffic, and a minimum of twenty-five (25) feet wide for one-way traffic. Stacking of vehicles on an entrance driveway waiting to enter the facility shall accommodate at least two semi-trailers or four other waiting vehicles in a line. g. The maximum storage unit size is limited to 300 square feet. h. There shall be no outside storage at the site. i. There shall be storage of hazardous or flammable chemicals as determined by the Fire Marshall. j. There shall be no storage of items that produce appreciable dust, noise or other nuisances. k. Such facilities may only be utilized for storage. Occupancy for any other use is prohibited. Business Tax Receipts cannot be issued on the property and a restrictive covenant shall be recorded and provided with each new lease agreement to new tenants. l. Hours of operation shall be limited to 6 a.m. to 9 p.m. and these hours shall be posted and provided with each lease agreement to new tenants. m. No units shall face existing residential units. n. Maximum height shall be two stories (up to 25 tall); however, if the following criteria are met, the height can be increased to three stories (up to 35 tall):

26 1. Any fencing around the property shall be solid wall, wood fence or other 100% opaque materials. 2. Buildings shall contain 30% of wall space covered with glass or vinyl windows for that wall(s) which faces a road. 3. The placement of buildings shall be beyond the minimum front yard setback (and side corner if applicable) by at least Loading docks and bays shall not be located on a street-facing side of a building. 5. Buildings shall have a perimeter planting strip adjacent to the building, clear of all doors and accessways, and be at least four feet wide. This area shall be planted with shrubs and trees. The shrubs shall be planted in a continuous manner and trees shall be planted at least 35 on center. Shrubs and trees shall meet the standards for quality and shrubs shall be at least three feet in height upon planting and trees shall be at least twelve feet in height upon planting. o. No caretaker dwelling unit shall be allowed, however a security system is encouraged. p. The façade of a mini-storage facility shall be stucco with peaked rooflines, and with building wall protrusions and enhanced architecture to break up the expanse of any wall more than 50 feet of horizontal width. The following are the requirements: 1. Submit architectural renderings with the conditional use permit application. 2. Flat roofs must be hidden from view with decorative parapets, mansard (gambrel or 4- sided hip roof) or the roof must be a hip style, pitched roof. 3. Windows at least two intersecting wall planes shall contain windows with exterior window treatments (shutters, planting boxes, casement ledges, awnings, etc.) at ground level, of which, at least one shall be visible from the main road. Windows shall not be used to display interior units of a facility, unless said window is either translucent (frosted) or tinted to block visibility inside the facility. 4. Building massing For any wall plane comprising more than 50 horizontal feet, columns, recesses, protrusions, overhangs or the like that extend or change the wall mass by at least three feet in depth. 5. Building and roof colors Muted earth tones.

27 5.b - Attachment 3 C-2 zoned properties in the City limits As of January 2018 (does not include sites on NH or Wickham) Tax Acct. Address Street Acreage Zoning Meets min. size for self-storage Meets separation distance to other selfstorage Coastal Lane & (vacant land and 293 old house) 5.23 C-2 Yes Yes, 1.29 miles east W. New Haven Av (Sam's Club gas 2 part of station) 0.75 to 1 C-2 No No, 0.90 miles east None long vacant land east of Chateau in the Pines (east of Piney Branch Way) 0.93 C-2 No Yes, 2.35 miles west & Palm Bay Road 3.57 C-2 No Yes, 2.82 miles east Palm Bay Road 0.75 C-2 No Yes, 1.59 miles east

28 Legend West Melbourne City Limits C-1 and C-2 Zoning C-1 Low Density Commercial C-2 General Commercial NOTE: This map illustrates the location of C-1 and C-2 zoning districts and does not replace the City's Zoning Map. N Miles DISCLAIMER: This map is not a survey and should not be used as a survey. Road right-of-ways are approximate. Updated: 12/15/2017 By: City of West Melbourne Document Name: C-1_C-2 Zoning_11x17.mxd Sources: Brevard County Property Appraiser, City of West Melbourne Planning Department