Palm Bay Planning and Zoning Mulls Strict New Limits on Backyard Builds

Blanket Home Business Ban Seen as Legally Dubious

A concerned crowd is expected at next week's Palm Bay Planning and Zoning Board meeting as the advisory body takes up proposed strict new limits on backyard builds. The draft rules, just one item on the February 7th agenda, have stirred heated debate over property rights, code enforcement, and impacts to land values. In addition to the contentious accessory structure regulations, board members will weigh in on a major mixed-use development, multifamily housing growth, and commercial subdivision plans. But many eyes will be focused on the crackdown on sheds, workshops, and pools allowed on residential lots. Critics argue the stringent constraints go too far, while proponents say they close loopholes allowing code violations. The meeting kicks off at 6:00 PM at City Hall.

Old business item 1 & 2

The Palm Bay Suites & Residences project is a mixed-use development proposed by Palm Bay Development Group, LLC on approximately 26.5 acres located west of Robert J. Conlan Boulevard NE. The project will be developed in four phases and consist of a 100-room hotel on the southernmost parcel as well as 294 market-rate apartments on the three northern parcels. Supporting infrastructure and amenities such as vehicular access, trails, landscaping, and stormwater facilities are also planned. 

The applicant is requesting Planned Unit Development (PUD) zoning to allow flexibility in the project design in order to preserve the natural wetlands and trees on the property. Common open spaces will be provided on each parcel to complement the commercial and residential uses. The southern hotel parcel makes up 23.4% of the total acreage. Buffers including wetlands, stormwater ponds, and fencing are proposed between the project and the adjacent Palm Bay Colony Mobile Home Park to the west. One waiver is requested to allow the hotel building to exceed the maximum 200 foot length requirement.

Old business item 3, 4, and 5

This is a request for a Small-Scale Comprehensive Plan Future Land Use Map Amendment from Commercial, Low Density Residential, and High Density Residential to Neighborhood Center Planned Unit Development for a 27.72 acre portion of an 84.75 acre proposed mixed use development called Palm Bay Pointe West. The applicant is requesting the land use change to allow for 668 multifamily units with a density of 24.1 units per acre. The remaining 57 acres would be developed commercially in the future. The proposed intensity (FAR) is 0.67, exceeding the 0.5 limit for Neighborhood Center, so the preliminary and final development plan approvals would be contingent on reducing the intensity to the permitted 0.5 level.

The subject property is currently vacant and located northwest of the intersection of Babcock Street SE and St. Johns Heritage Parkway SE. It would consist solely of multifamily residential development, with the commercial parcels situated along the surrounding major roadways of St. Johns Heritage Parkway and Babcock Street. The applicant states the purpose is to provide a transitional land use between the commercial development and existing single family residences to the west. They also argue there is insufficient demand currently to support the amount of commercial land previously approved for the overall development.

The proposal seems to align with the intent for the Neighborhood Center land use classification to allow high density housing complemented by commercial and office uses. However, several issues were raised previously when a larger portion was proposed for multifamily use. There are still concerns about the loss of commercial land in this area and whether the remaining commercial will be viable and supported by the proposed housing.

Old Business 6 and 7

Palm Bay Pointe East is a proposed 43-acre commercial development located east of Babcock Street SE and situated along both the north and south sides of St. Johns Heritage Parkway in Palm Bay, Florida. It falls within the larger Cypress Bay Preserves planned unit development (PUD) that encompasses over 1,000 acres. Substantial infrastructure, including stormwater facilities, road improvements, and utility lines, has already been put in place to support the development. 

The applicant, Kimaya LLC, is now seeking approval of a final development plan to subdivide the 43-acre site into commercial lots of various sizes. This will allow specific end users to move forward with detailed site plans and building permits for anticipated neighborhood commercial uses. These may include restaurants, retail stores, medical and dental offices, financial institutions, general office space, institutional uses like churches and schools, child care centers, and other service-oriented establishments.

The Palm Bay Pointe East property has a Commercial land use designation and PUD zoning. It meets the requirements for a final development plan under the city's PUD regulations. If approved, the applicant will still need to submit fully engineered construction drawings before issuance of any building permits can occur. City planning staff is recommending approval after finding consistency with the comprehensive plan and applicable code criteria. The Planning & Zoning Board public hearing is scheduled for February 7, 2024.

New Business 1 & 2

The Timbers at Everlands Phase 4 Final Plat project proposes the development of 58.91 acres of vacant land located east of and adjacent to St. Johns Heritage Parkway NW, south of Emerson Drive NW in Palm Bay, FL. The property is zoned PUD (Planned Unit Development) and has a Future Land Use designation of Low Density Residential. 

The applicant, DRP FL 6 LLC, is requesting Final Plat approval for a 250-unit residential subdivision to be called Timbers at Everlands Phase 4. The subdivision will contain 96 paired villas, 28 fourplex townhomes, and 126 sixplex townhomes. The density of 2.88 units per acre is below the maximum 5 units per acre allowed in the Comprehensive Plan. The final plat shows the proposed layout of roads and lots to demonstrate consistency with subdivision requirements in Chapter 184 of the City Code.

The proposal provides adequate open space (38.18%) and preserves approximately 5 acres of wetlands. It meets subdivision requirements in Chapter 184.08 subject to staff comments, mainly related to plat notes, easements, and bonds. Staff recommends approval subject to those comments being addressed.

New Business 3

Palm Bay Seeks Feedback on Proposed Accessory Structure Rules

The Palm Bay Planning and Zoning Board has released draft revisions to the city's accessory structure regulations for public review and comment. If approved, the changes would impose significant new restrictions on sheds, workshops, pools, and other outbuildings allowed on residential properties. The proposal, expected to come before the board at its February 7th meeting, aims to crack down on code violations related to accessory structures. However, there may be concerns that the strict new limits go too far, unfairly constraining homeowners' property rights.

Key Changes Would Limit Location, Size and Use

The draft rules would prohibit accessory buildings within public easements, tighten setback requirements, and cap heights at 25 feet. The total footprint of all outbuildings could not exceed the home's living area, with sheds limited to 50% of that size. Home businesses and residential uses would be banned in accessory structures. The rules seem designed to eliminate guest cottages and large workshops, even on five acre parcels.  Property owners should have more flexibility to use their land, subject to basic safety standards.

Grandfathering Needed for Approved Projects

Residents currently permitted for accessory dwellings or expansive detached garages could see those plans blocked if the strict new metrics are approved mid-stream. There should be grandfathering provisions to allow already in-process builds to proceed. Residents acted in good faith according to previous guidelines. There should be a transition period before applying tighter limits to development rights.

Legal Issues Flagged Around Home Businesses

A blanket ban on home-based businesses like woodworking or craft production in backyard sheds and workshops may violate Florida cottage industry laws. The draft rules are vague and overbroad, setting up uneven enforcement. You can't prohibit all commercial activity as a catch-all if residents are creating legal products or services from home. The city needs to clarify protections for small home enterprises that meet basic permitting and safety standards. An outright ban invites legal disputes.

Market Impacts Expected on Property Values

Tighter restrictions on accessory structures could make vacant lots and small homes less appealing to investors and developers. It constrains what you can build on bare land. Predictions are that property valuations will be decreasing over time as the city's build-out potential declines.

Community Feedback Encouraged at Upcoming Meeting

Palm Bay residents remain divided on the necessity and scope of the proposed revisions to accessory structure regulations. Supporters see the rules as safeguarding neighborhood aesthetics. Critics argue they dampen property rights and values while overstepping legal bounds. All input will be considered at the Planning and Zoning Board's February 7th public meeting. Concerned citizens are encouraged to attend or send comments to the Community Development Department prior to deliberations and recommendations to the City Council. Compromise solutions could emerge to balance enhanced enforcement with flexibility for residents.

You can view the entire meeting agenda and supporting documentation here:

Click to open meeting agenda