May 10, 2018 - Article 8. Nonconformities. Article 9. Floodplain Management. Article 10. Subdivisions. Article 11. Defin
MEMORANDUM
CITY OF CAPE CORAL DEPARTMENT OF COMMUNITY DEVELOPMENT TO:
Planning and Zoning Commission members
FROM:
Robert H. Pederson, Planning Manager
DATE:
May 10, 2018
SUBJECT:
Ordinance No. 35-18 – New City of Cape Coral Land Development Code
Land Development Code Update Summary This memo is to provide the Planning and Zoning Commission with an overview of the changes in the draft Land Development Code as we move forward to the public hearing stage of this effort beginning with first public hearing on May 16. A more detailed staff report and analysis of specific topics will be provided for future P&Z public hearings. Process: The City began the process of a total update (rewrite) of the Land Use and Development Regulations (LUDRs) in late 2015. The proposed regulations are being renamed as the Land Development Code (LDC) to distinguish the new code from the current LUDR. The City contracted with Calvin Giordano and Associates for the early stages of this project. The Community Development Department has carried this work forward over the past year, with many changes to the draft along the way. A series of public workshops with the Planning and Zoning Commission began in August of 2017. The May 16 public hearing will be the first of a series of public hearing by P&Z. Additional hearings are scheduled for June 6 and June 20, 2018. At the end of the public hearing process, the P&Z will make a recommendation to the City Council. It is important to note that there are four separate aspects to adopting the new LDC. These are: 1. The text of the LDC; 2. A new zoning map; 3. Text amendments to the Comprehensive Plan; and 4. Changes to the Future Land Use Map.
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For the May 16 public hearing, please note that the advertising did not list Article 11, Definitions, even though P&Z has received drafts of this article. We are currently reviewing the definitions with the City Attorney before holding a P&Z public hearing on this article. Similarly, Article 6, Parking, does not yet show any changes to the residential parking requirements (e.g., parking of boats, commercial vehicles, etc.). The City Council discussed these requirements at their Committee of the Whole meeting on March 26. The City is currently evaluating whether to bring forward an ordinance changing these regulations as a separate matter before incorporating any such changes in the LDC. Zoning Map Adoption of a new LDC will also require adoption of a new zoning map for the entire City. The new map is required to reflect the names of the new zoning districts and any proposed changes to existing zoning. For example, all lots currently zoned R-1A or R-1B will be rezoned to the new R-1 zoning district. Other zoning map changes are necessary because several zoning districts (e.g., Village, Highway Commercial, Marketplace Residential, Worship) are being eliminated and new zoning districts assigned to property in those districts. Staff is preparing a draft of the new zoning map, which will be scheduled for a public hearing before the Hearing Examiner. It should also be noted that the proposed zoning map does not include any rezone requests from individual property owners. Organization of the LDC: The LDC has been organized into 13 Articles: Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13.
General Provisions Decision Making and Administrative Bodies Development Review Process Zoning Districts Development Standards Parking Signs Nonconformities Floodplain Management Subdivisions Definitions Building Code and EDS Reasonable Accommodations & Dispute Resolution
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Overall Changes The new LDC is a total rewrite when compared to the existing LUDRs. As such, the changes are not shown in the underline/strikethrough format that is used for individual text amendments. It should also be noted that many requirements of the current code have not been substantially changed and have been carried forward in the LDC, although edited and reorganized for clarity. Major changes are summarized below. The overall direction for the LDC is to: Simplify the language in the code where possible Address “community values issues” that are embodied in the current LUDR Reorganize the code and include more graphics Increase the number and types of permits that may be approved administratively Reduce the number of zoning districts by combining some similar districts, eliminating districts that are rarely or no longer used, and including new districts for Bimini Basin and Seven Islands. Eliminate the detailed NAICS system of classifying land uses and use broader categories of retail, office, and other land uses for greater flexibility Establish a Planned Unit Development zoning district that will replace the current PDP process Establish a process for “micro-cottage” developments Place all definitions in one location in the LDC New Concepts in the LDC Planned Unit Developments. The LDC adds Planned Unit Developments (PUD). PUDs are a form of development entitlement that creates a zoning district tailored to a specific project. The PUD identifies uses and dimensional regulations such as setbacks and heights. A PUD will also have a Master Concept Plan that will provide a general plan of how the development will function and provide compatibility and consistency with the area. The Master Concept Plan will identify access points, landscape buffer, building locations etc. The PUD will provide a more efficient method for development projects and will provide a clear outline of what the development will look like. PUDs will replace the current system of Planned Development Projects (PDPs). Micro Cottage Village Developments This concept was brought forward after City Council direction was given to staff at a Committee of the Whole. Micro cottage Village Developments (MCVDs) provide a location for City residents who wish to reside on lots which are much smaller than the typical Cape Coral property. This housing type encourages efficient use of land, affordability, and energy conservation. Micro cottage housing allows for a higher density single family development than is normally allowed (8.8 du/acre). This is made possible 3
by smaller home sizes, clustered home sites, and parking and design standards. These units will be site built homes ranging from 600-1100 square feet. Minimum property size for this type of development is 3 acres. These developments do not include Tiny Houses on Wheels (THOW). Accessory dwelling units / guest houses Accessory dwelling units provide an opportunity add variety and housing choice in residential neighborhoods and can be an effective way to add affordable rental housing stock to existing neighborhoods. ADUs also provide options for residents to age in place or to live with or near family and caregivers, providing a flexible way to address family needs for additional housing. A guest house is similar to an ADU in that living quarters (e.g., a bedroom, bath, and living area) may be in detached accessory structure, but no kitchen is allowed. Currently, ADUs and Guest Houses are not allowed in Cape Coral. The LDC contains draft regulations to allow ADUs and Guest Houses, subject to a number of standards. See Article 5, Sections 5.2.2 and 5.2.1 Regulations for mobile food trucks Mobile food vendors are not currently allowed, although there are number of these in the City. The LDC includes regulations for this use. See Article 5. Section 5.10.13. Comprehensive Plan Text and Map Amendments To implement the new LDC, a number of text amendments to the Comprehensive Plan will be necessary. The reason for this is that the Comprehensive Plan has many references to specific zoning districts, which are being changed as part of the LDC. The new zoning districts in the LDC also need to be addressed in the Comprehensive Plan to establish which zoning districts(s) are consistent with each Future Land Use Designation. There are also references to programs (such as a transfer of development rights) that will no longer be part of the LDC. The LDC also includes increases in allowable density for certain zoning districts that require changes to the Comprehensive Plan. All Comprehensive Plan text or map amendments will be come to P&Z in the upcoming months for public hearing and the P&Z recommendation to the City Council. Summary of Changes by Article Article 1. General Provisions No major changes from various provisions of the current LUDR. These requirements have been organized into one article and edited for clarity. Article 2. Decision Making and Administrative Bodies
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No major changes from various provisions of the current LUDR. These requirements have been organized into one article and edited for clarity. Article 3. Development Review Process These requirements have been updated for clarity, consistency, and reorganized. The number of administrative approvals have increased (e.g., model homes). Please refer to Table 3.1.3 that illustrates the types of development approval (administrative, quasijudicial, and legislative), the recommending authority and decision maker for each type of permit, and the public notice requirements for each permit type. Article 4. Zoning Districts This article establishes and describes all zoning districts within the City (see Chapter 4.1), and establishes specific regulations within each zoning district (see Chapter 2). This article also contains the tables showing the classification of land uses, which district(s) each land use is allowed in, and the use hierarchy for the approval process for each use. The setback, height, and other dimensional standards are also contained in Article 4. General Comparison of old vs. new zoning districts: Old Zoning District Single-Family Residential (R-1A or R-1B) Residential Development (RD)
Residential Estate (RE) Residential Receiving (RX) Agricultural (A) Pedestrian Commercial (C-1) Professional Office (P-1) Thoroughfare Commercial (C-3) Professional Business (P-2) mapped Light Industrial (I-1) Village (VILL) Corridor (CORR) Institutional (INST) Worship (W)
New Zoning District Single-Family Residential (R-1) Single-Family Residential (R-1) Multi-Family Residential Low (RML) Multi-Family Residential Medium (RMM) Residential Estate (RE) Single-Family Residential (R-1) Agricultural (A) Commercial (C) Professional Office (P) Commercial (C)
Never Industrial (I) Commercial Corridor (CC) Commercial Corridor (CC) Institutional (INST) Single-Family Residential (R-1) or Commercial (C) Multi-Family Residential Low (RML) Multi-Family Residential Medium (RMM) Commercial (C) Professional Office (P) Preservation (PRES)
Marketplace Residential (MR)
Preservation (PRES) 5
South Cape (SC) High Intensity Commercial (HICI) Never Mapped
South Cape (SC) Mixed-Use Bimini (MXB) Industrial
Multi-family zoning One important change to the zoning districts is established of two separate districts for multi-family development. The current LUDR has one multi-family district, R-3. Over time, most of the current R-3 zoning has been or is currently being developed with duplexes and not larger multi-family projects. In 2016, the City received the results of a housing study, which identified a critical need for nearly 1,500 multi-family dwelling units per year for the next five years, just to meet the current demand for affordable and workforce housing. Duplexes do not meet these needs. Accordingly, the LDC attempts to address this need by creating two multi-family districts; RML and RMM. RML is a low density multi-family district and will be mapped where the predominate develop pattern is existing duplexes. Larger multi-family developments will be permitted in this district. The RMM district will be mapped on larger parcels of at least one acre. Duplexes or single-family homes will be prohibited in the RMM district to facilitate larger scale projects and not have RMM zoned areas consumed with lower density residential products. The densities for the RML and RMM is 25 dwelling units per acre, which is an increase over the current maximum density of 16 dwelling units per acre. Neighborhood Commercial (NC) The City has developed a mixed use, form-based zoning district known as the Neighborhood Commercial zoning district. Development types, densities, and intensities are based on the size of the NC development tract. This district will help provide an urban form for specific locations on major roadways. Mixed Use Seven Islands (MX7) The City has developed a new zoning district consistent with the Seven Islands and NW Cape Vision Plan approved by Council in 2016. The Mixed-Use Seven Islands district is designed to permit a mix of residential and commercial uses, a park, and a marina to be consistent with Vision Plan. The maximum residential development is 995 dwelling units, with 110,000 square feet of commercial space, of which 40,000 is a community center. Mixed Use Bimini (MXB) In preparation for redevelopment of the Bimini Basin, a separate zoning district for the Bimini Basin area has been included. The Mixed-Use Bimini Basin zoning district permits 6
mixed-use development in an urban form and increases residential density by-right to 50 dwelling units per acre (75 dwellings/acre under certain circumstances). Use Hierarchy The new LDC has created two additional use types of zoning approval processes. These are identified in a Land Use Hierarchy. Land uses with Specific Regulations (P*) and Conditional Uses (CU) will be utilized along with Permitted Uses and Special Exception Uses. These uses will provide a set of regulations or conditions that will be required of the use dependent on the zoning district. The current LUDR either permits uses without any regulations or requires applicant to apply for a special exception which requires a public hearing. The benefit of the P* and CU uses is that applicants will no longer be required to apply for a special exception for many uses, such as model homes. The P* and CU uses will provide a more streamlined approach by eliminating a public hearing for a SE and will provide the community a clear understanding of how a project will be developed for P* and CU uses. Article 5. Development Standards Article 5 contains the development standards for specific land uses and activities in one location. In the current LUDR, these regulations are scattered throughout several articles. Marine Improvements: Article 5, Chapter 4 Key changes: 1. Formatting – have moved all defined terms to Article 11 (Definitions). 2. Increased the distance in which a marine improvement can extend into a waterway (25% of the waterway width or 40 feet, whichever is less). This increase is intended to eliminate the need for many Deviations for marine improvements. 3. Increased the maximum dock surface area for marine improvements. 4. Eliminated the deviation process and now require a variance for owners seeking additional dock surface area beyond that allowed by code and the new standards allowing larger marine improvements. Landscaping: Article 5, Chapter 5 Key changes: 1. Doubles the landscaping required for duplexes when compared to the current LUDRs. 2. Slightly reduces minimum buffer widths for commercial, corridor, professional, or institutional zoned sites abutting residential zoned properties. The regulations now focus on the quantity and type of landscaping rather than the width of the buffer. 3. Eliminates a requirement to have a wall to screen off-street parking areas in the South Cape District. 4. Allow administrative approval of certain deviations to the landscaping requirements. 7
Nonresidential Design Standards: Article 5, Chapter 8 Key changes: 1. Formatting – moved SC architectural standards from the SC District to Chapter 8. 2. Formatting – moved screening requirements from the nonresidential design standards to a separate LDC chapter (Chapter 7). 3. Explicitly exempted several building types from the nonresidential design standards. 4. Increases the minimum glazing requirement for buildings in order to eliminate blank walls. 5. Simplifies and clarifies the design requirements for the sides of a building. 6. Establishes a minimum standard for pitched roofs. 7. Allow administrative approval of certain deviations to design standards Article 6. Parking • •
Parking requirements are eased a bit, particularly for large retail uses. Community value parking issues. Any changes to current practice pending Council direction (February COW)
Article 7. Signs • • • • •
The current sign code was adopted in 2013 with a minor revision in 2014 No substantive changes are proposed to maintain integrity of regulations approved in 2013 that were crafted by a diverse group of stakeholders Changes are proposed are to be consistent with “Gilbert” court decision, which established that sign regulations must be content neutral Format changes are included to use tables rather than verbiage Minor changes to sizes of freestanding signs for multi-tenant sites
Article 8. Nonconformities • •
Allows a bit more flexibility in expanding a nonconforming structure (allows additions provided the degree of nonconformity is not increased. Single-family structures and duplexes that are non-conforming due to a cityinitiated comprehensive plan amendment will continue to be treated as a conforming structure so long as the property owner who owned the property at the time of amendment continues to own the property.
Article 9. Floodplain Management • •
Virtually no change from current code This maintains our Community Rating System discount for flood insurance policies
Article 10. Subdivisions 8
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Preliminary subdivisions will now be an administrative approval A PDP will not be required for new subdivisions Final Plats continue to require Council approval (required by F.S.)
Article 11. Definitions •
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Definitions – The Definitions section has been revised to provide clean and concise definitions that are more up-to-date than the previous LUDR. New definitions have been added to reflect new uses in the LDC. Combines all definitions in one article, with certain definitions grouped together by subject (e.g., marine improvements, signs, and floodplain definitions) A work in progress
Article 12. Building Code and EDS • • •
No substantive changes This article was revised earlier this year to reference the latest Florida Building Code Note: The EDS is incorporated by reference. If PW has made past changes made without an ordinance process or wants to include new changes, a separate ordinance would be required
Article 13. Reasonable Accommodations •
The City adopted the ordinance for reasonable accommodations in 2016. There are no substantive changes to this ordinance.
What is not changing in the LDC? Noise standards – At this time, there are no changes to the City noise ordinance in the Code of Ordinances or the LDC. However, the proposed Mixed-Use Bimini zoning district does have performance standards for sound amplification devices (e.g. speakers). These standards require that amplified sound be oriented away from surrounding residential uses. The City will need to address the noise ordinance in future, as a separate amendment to the Code of Ordinances.
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