Palm Bay City Zoning Code
PART 8
CMU AND UMU DISTRICT STANDARDS
§ 173.090 PURPOSE AND INTENT.
The purpose of this section is to establish standards to implement the community mixed-use and urban mixed-use future land use categories through the application of the Community Mixed-Use and Urban Mixed-Use zoning districts. With preset standards for these districts, applicants can design unified developments with a variety of uses, building types, and densities/intensities without having to process a planned unit development. See Chapter 172 for the required steps to process a development in the mixed-use districts. The regulations contained in this section are intended to:
(A) Create walkable communities that provide within walking distance most of the activities of daily living so that residents of all ages may gain independence of movement, thereby reducing the number and length of vehicular trips;
(B) Provide a variety of places to go and things to do within walking distance, including an assortment of residential buildings (i.e., detaches homes, townhouses, apartments, etc.), workplace buildings (i.e., offices, studios, craft shops, etc.), neighborhood commercial buildings (i.e., grocery stores, craft shops, boutiques, salons, restaurants, etc.), and public buildings (i.e., schools, churches, libraries, assembly halls, etc.), bound together by a well-planned public realm;
(C) Ensure the provision of tree-lined streets, sidewalks, playgrounds, parks, benches, picnic shelters and gazebos which help create neighborhood character and offer amenities to the entire community;
(D) Provide a variety of housing types and sizes to accommodate the needs of a diverse population;
(E) Ensure a coordinated approach to site and building design;
(F) Achieve the integration of new developments to external pedestrian and vehicular network;
(G) Support cohesive, mixed-use development with higher development densities and intensities at nodes; and
(H) Encourage the development of high-quality mixed-use through development incentives.
(Ord. 2024-33, passed 9-19-24)
§ 173.091 MIX OF USES.
Table 173-2 lists the uses permitted within the CMU and UMU districts. The MU Master Site Plan shall show a mix of uses in a vertical or horizontal fashion. When laying out the uses, the most dense/intense uses shall be concentrated at major intersection nodes with a gradual transition to a less dense urban form at the edges of the development. To ensure a balance between housing, retail, office, and other commercial and light industrial development within new MU zoning districts, the following mix of uses shall be achieved (percentage of gross acreage). For vertical mixed-use, the acreage of a site used for several uses may be double counted (e.g., a ten (10)-acre site with ground floor commercial and residential above may be counted as ten (10) acres of commercial and ten (10) acres of residential - fifty percent (50%) of each use).
(Ord. 2024-33, passed 9-19-24)
§ 173.092 SITE DEVELOPMENT STANDARDS.
New development in the Community Mixed-Use and Urban Mixed-Use districts shall meet the standards of this section. Townhomes, multi- family, and zero-lot-line developments shall also comply with the standards noted in §§ 173.032, 173.031, and 173.034 for such uses. All other uses are also subject to the architectural standards contained in Part 4 of this chapter.
(A) Minimum site area.
(1) The total gross acreage of a property being rezoned to CMU shall comprise a minimum of one hundred (100) contiguous acres, unless the site is already adjacent to an CMU district and the new development will integrate to the existing neighboring mixed-use. There is no minimum site area requirement for rezoning to UMU.
(2) A site proposed for rezoning to CMU or UMU shall be owned by or under the control of the applicant. Approval of the rezoning application by the city shall be based on the understanding that, if the applicant proceeds with the proposed development, the applicant will:
(a) Do so in accord with the officially approved final MU Master Site Plan for the site, and any other conditions or modifications the City Council may impose.
(b) Provide agreements, covenants, contracts, deed restrictions or sureties acceptable to the city for completion of the undertaking in accordance with the adopted final master plan as well as for the continuing operation and maintenance of those areas, functions and facilities that are not to be provided, operated, or maintained at public expense.
(c) Bind all development successors in title to any commitments made under this section.
(B) Block standards and connectivity. Connectivity is of utmost importance in both districts, and it is achieved by ensuring blocks and streets are laid out to provide that connectivity for pedestrians and vehicles. While an orthogonal grid is the most obvious method for achieving connectivity, meandering roads are also acceptable provided they preserve the connectivity (see Figure 173-3). Proposed developments shall be required to provide connectivity by meeting the following standards. The City Manager or designee may allow adjustments based on the presence of environmentally sensitive lands, tree protection, or other existing site-specific features.
(1) New blocks shall not exceed a two thousand (2,000) lineal foot perimeter and block length shall not exceed six hundred (600) feet.
(2) To prevent the creation of mega-blocks due to ownership of large tracts, vehicular and pedestrian connections shall be provided through the development. Gated communities are not permitted within this district. Through traffic issues may be deflected by using traffic calming techniques (e.g., lane shifts, round abouts, non-direct routes).
(C) Development density and intensity. Individual components of the mixed-use development (i.e., pods, neighborhoods) may have a range of maximum densities based on the intended character of each area. However, the overall maximum density for the entire development site shall be as shown in Table 173-5.
(D) Lot sizes. The CMU district is intended to include a wide variety of housing choices. The minimum size of residential sites shall vary to accommodate those housing products as shown in Table 173-5. A mix of single-family, townhomes, and multi-family housing is encouraged. In no event shall a development within a CMU district have more than seventy percent (70%) of the housing stock be the same housing type. The master site plan shall specify where the various housing products will be located.
(E) Setbacks.
(1) Residential uses shall meet the standards listed in Table 173-5. However, porches and living areas may encroach up to ten (10) feet into the front yard setback.
(2) Non-residential buildings should be built close to the street to emphasize pedestrian activity. Therefore, the setbacks listed in Table 173-5 shall be met. However, the minimum setback may be reduced to zero (0) if an eight (8)-foot wide public furnishing zone and a six (6)-foot public sidewalk are present or proposed adjacent to the site.
(3) The maximum setbacks may be waived to allow for pedestrian plazas/forecourts.
(4) In no event shall parking be located between the building and the street, unless otherwise permitted in § 173.093, Parking Location and Design.
(5) The front and side corner setbacks may be used for landscape, hardscape, or outdoor dining (see Figure 173-4).
(Ord. 2024-33, passed 9-19-24)
§ 173.093 PARKING LOCATION AND DESIGN.
The buildings must be the predominant element/view from the street. Therefore, parking areas must be screened as follows:
(A) Surface parking lots shall be located in the rear of the lot, behind the building. They may also locate between the building and the side property line provided the building frontage requirements are met.
(B) Surface and structure parking areas shall be accessed from a secondary street (secondary streets shall be identified int eh street hierarchy map), from an adjacent property (shared use agreement necessary), or from rear alleys if any of these are available or proposed as part of the development. Access through single-family residential neighborhoods, however, shall not be allowed.
(C) Surface parking areas located along a public street shall be screened from street view by a three (3)-foot street wall placed within the parking setback area (see § 175.025 for street wall design requirements).
(D) Parking structures facing the street shall be placed behind a liner building that houses active uses (e.g., commercial, office, residential). The liner building, which may be attached or detached from the parking structure, shall extend for a minimum of seventy-five percent (75%) of the length of the parking structure, and shall have a minimum depth of thirty (30) feet. Any portion of a parking garage that is not concealed behind a building shall be screened to conceal all internal elements such as plumbing pipes, fans, ducts and lighting. Ramping should be internalized wherever possible. Exposed spandrels shall be prohibited.
(Ord. 2024-33, passed 9-19-24)
§ 173.094 OPEN SPACE REQUIREMENTS.
(Ord. 2024-33, passed 9-19-24)
§ 173.095 BUILDING STANDARDS.
(A) Building height.
(1) Maximum height. Individual components of the mixed-use development (i.e., pods, neighborhoods) may have different building heights based on the intended character of each area. The maximum building height allowed shall be as shown in Table 173-5. Additional building height may be permitted per Part 5 of this chapter (Development Bonuses and Incentives).
(2) Building transitions. To mitigate potential conflicts between neighboring developments, the following considerations shall be made during the review process with particular focus on proposed structures and uses located at the perimeter of the proposed development:
(a) Multi-story buildings adjacent to single-family homes shall provide a ten (10)-foot setback for each floor above two stories. The setback may be provided as a step back for each floor, as a setback for the entire building, or a combination of the two.
(b) Compatibility may be achieved through the use of open space (parks, plazas, squares, courts, etc.), and natural features such as topography, waterways, existing trees and vegetation.
(c) Siting of less-intensive uses around the perimeter of the development, particularly when the development directly abuts a residential area (i.e., offices instead of bars/restaurants).
(d) Enhanced landscaping and buffers between mixed-use developments and existing off-site single-family residential areas.
(B) Building orientation. All buildings shall front a street. There shall be no privacy fences lining up streets.
(C) Building frontage. Building frontage is the proportion of the front façade compared to the lot width measured within the required setback (see Figure 173-6). To ensure façade continuity and activity along the street, in addition to avoiding large expanses of blocks that are not framed by buildings, all new non-residential and multi-family buildings shall meet the following provisions. Institutional uses are exempt from building frontage requirements.
(1) The MU Master Site Plan shall include a street hierarchy map to identify the "primary" streets, which refer to those streets new development should be oriented to. All lots should have at least one frontage on a primary street.
(2) All new buildings shall have a minimum building frontage of fifty percent (50%) along primary streets. For lots with frontage on multiple primary streets, the applicant must provide justification for choosing one over the others to meet the requirement.
(3) In the case where the required building frontage cannot be met due to the need to provide vehicular access from the street, a gateway, arch, or similar feature shall be provided to preserve the block continuity and may be counted toward meeting the building frontage requirement, as shown on the figure below.
(Ord. 2024-33, passed 9-19-24)