AGENDA Planning and Zoning Board Regular Meeting
Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Town Manager Robert Daniels Town Clerk Nancy Wilson Town Attorney Cliff Repperger, Jr. Town Planner Corey O’Gorman
AGENDA The Planning & Zoning Board will conduct a
Planning and Zoning Board Regular Meeting at 7:00 PM To address the item(s) below.
Meeting Date: Tuesday, December 5, 2017 Meeting Location: Community Center – 509 Ocean Ave. Notice: Board discussion and possible action may occur during any Board Meeting. The following sections of the Agenda are always subject to such discussion and possible action without further motion by the Commission: Public Hearings, Old Business, and New Business. The public is advised that members of the Town Commission may be in attendance and participate in proceedings of the board. Attorney General Opinions (AGO) AGO 91-95, AGO 98-14, AGO 2000-68. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: In order to appeal any decision made at this meeting, you will need a verbatim transcript of the proceedings. It will be your responsibility to ensure such a record is made. Such person must provide a method for recording the proceedings verbatim as the Town does not do so. In accordance with the Americans with Disability Act and Section 286.26, Florida Statutes, persons needing special accommodations for this meeting shall, at least 5 days prior to the meeting, contact the Office of the Town Clerk at (321) 724-5860 or Florida Relay System at 711.
I. II. III.
CALL TO ORDER ROLL CALL APPROVAL OF MINUTES A. November 14, 2017 Planning and Zoning Board minutes
IV.
NEW BUSINESS A. Site Plan Review for, 205 Third Avenue, Melbourne Beach, FL B. Site Plan Review for, 401 Oak Street, Melbourne Beach, FL
V.
OLD BUSINESS A. Discuss report prepared by Town Planner O’Gorman regarding options for Lot Coverage and Accessory Structure Size
VI.
PUBLIC COMMENT (Please limit comments to items that are not on the agenda)
VII.
REPORTS: TOWN MANAGER AND TOWN ATTORNEY
VIII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS IX. ADJOURNMENT
Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Interim Town Manager Elizabeth Mascaro Town Clerk Nancy Wilson Building Official Marc Meyers Town Planner Corey O’Gorman Town Attorney Clifford Repperger Jr.
DRAFT MINUTES The Planning & Zoning Board conducted a
Planning and Zoning Board Regular Meeting at 7:00 PM on Tuesday, November 14, 2017
I.
CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m.
II.
ROLL CALL Town Clerk Wilson led roll call: Present: Chairman David Campbell Member Kurt Belsten Member Douglas Hilmes Alternate Member Daniel Gonzalez
Staff Present: Interim Town Manager Mascaro Town Clerk Nancy Wilson Town Attorney Clifford Repperger Town Planner Corey O’Gorman
Absent: Member April Evans III.
APPROVAL OF MINUTES A. September 5, 2017 Planning and Zoning Board Minutes Member Belsten made a motion to approve the minutes as presented; Member Hilmes seconded. Motion carried 4-0.
IV.
PUBLIC HEARING A. Review of Proposed Draft Ordinance 2017-05 regarding the Land Development Code Town Attorney Repperger read Ordinance 2017-05 by title. Chairman Campbell said we’ve reviewed the Land Development Code before so there isn’t much to review. The Town Attorney asked that if the Board is going to make a recommendation for approval, that an official finding be made on the record that you have deemed that the attachment is consistent with the Comprehensive Plan based on your prior discussions and findings of these changes. Chairman Campbell added that the Town has been working on the document since 2012. There were no public comments. Member Belsten made a motion to approve Ordinance 2017-05 adding that the proposed Land Development Code is consistent with the Comprehensive Plan; Member Hilmes seconded. Motion carried 4-0.
V.
NEW BUSINESS A. Site Plan Review for 1901 Cedar, Melbourne Beach, FL Chairman Campbell said the Building Official’s report found that the setbacks were met and it also meets height and lot coverage requirements. This is an addition to an existing home. Member Belsten made a motion to approve the site plan for 1901 Cedar; Member Gonzalez seconded. Motion carried 4-0. A. Review of memo from Town Planner O’Gorman regarding minor grading and minor fill Chairman Campbell liked the recommendation by the Town Planner that we leave the code as currently written and not add a definition for minor grading and minor fill thus allowing minor grading and filling to be determined on a case-by-case basis thus allowing the Building Official to use his discretion in making some determinations. Member Hilmes agreed. Chairman Campbell added that this only applies in coastal high hazard areas. Member Gonzalez made a motion to leave the code as currently writen and not add a definition for minor grading and filling; Member Belsten seconded. Motion carried 4-0. B.
Review and approval of the 2018 Planning & Zoning Board Application Deadline and Meeting Schedule Chairman Campbell suggested that the November 6, 2018 date be changed to November 13, 2018 because the polling place for the 2018 election is the Community Center and the meeting would be postponed anyway. This would also necessitate changing the application deadline date from October 16, 2018 to October 23, 2018. Member Belsten made a motion to approve the 2018 Planning & Zoning Board Application Deadline and Meeting Schedule; Member Hilmes seconded. Motion carried 4-0.
VI.
PUBLIC COMMENT – Sharon Stewart 420 Riverview Lane Ms. Stewart asked about utility sheds and wanted to know if the 108 sq.ft.
maximum size is going to be increased. She was told that once the updated Land Development Code is approved, utility sheds will be permitted up to 120 square feet in floor area and 10½ feet in height. VIII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY Town Attorney Repperger said that the medical marijuana prohibition ordinance will be on next months’ agenda. IX.
ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS The Commission is waiting for a report from Town Planner O’Gorman about accessory structures and lot coverage. Member Belsten thanked the Board for all their hard work on the Land Development Code.
X. ADJOURNMENT Member Belsten made a motion to adjourn; Member Hilmes seconded. Motion carried 4-0. Meeting adjourned at 7:13 p.m.
ATTEST:
_______________________ David Campbell, Chairman
______________________ Nancy Wilson, Town Clerk
This page left intentionally blank.
This page left intentionally blank.
700 US Highway One, Suite C North Palm Beach, FL 33408 561-863-2722
MEMORANDUM To:
Town Manager Town of Melbourne Beach
From:
Corey W. O’Gorman
Re:
Options for Lot Coverage and Accessory Structure Size
Date:
November 20, 2017
The Town Commission authorized the Planning & Zoning Board to have the Town Planner research options for “lot coverage” and “accessory structure size” in single-family zoning districts to assist the Planning & Zoning Board in their discussions. The scope of this assignment is: • • •
Review current Melbourne Beach Code, including definitions and district regulations; Review similar codes in other communities and research other third-party sources for intent, district regulations and options; and Prepare a memorandum summarizing the findings.
For this assignment the single-family zoning districts were researched for the following jurisdictions due to their proximity to the Town of Melbourne Beach: Melbourne, Satellite Beach, Rockledge, Cocoa Beach and Brevard County. Background: Based on review of the Town regulations and those in other jurisdictions lot coverage limitations are utilized to implement policy of the Town to promote those activities on a lot that the community wishes to incentivize or de-incentivize. Several other types of land regulation tools are also utilized in conjunction with lot coverage to promote or discourage use of accessory structures including:
Project Management • Development Services • Community Redevelopment
• • • • • • •
Setbacks for principal buildings; Setbacks for accessory buildings Minimum size of principal buildings; Maximum size of accessory structures; Minimum lot sizes; Floor area ratios (FAR); Limitations on pervious and impervious area.
These standards are applied differently to different categories of use (e.g., single-family, multi-family, commercial, industrial, etc.) and for different districts within those use categories (e.g., 1-RS, 2-RS, etc.), and serve to regulate intensity of development. For example, some communities have low FAR and low percentage of lot coverage, and large minimum lot sizes for a suburban environment, where higher FAR, lot coverage and smaller lot sizes are utilized for a more urban environment. These standards also address issues such as provision of sufficient open space on each parcel of land and for purposes of ensuring sufficient drainage capabilities of the lot and the overall area. Where there is a lack of park and open space areas, regulations will often require larger lots and/or lower percentages of lot coverage so that each lot provides its own open space. Examples where these standards are used as an incentive include the City of Melbourne’s accessory dwelling requirement, and Satellite Beach’s impervious area requirement. In the City of Melbourne their code allows one accessory dwelling unit per lot provided it does not exceed the number of units per acre allowed in the land use category, as an incentive promoting accessory dwelling units. Satellite Beach exempts the area of swimming pool from impervious area calculation. This allows for more homeowners to construct swimming pools on lots with larger homes already existing where swimming pools may not have been otherwise possible. Current Regulation Review: Review of current regulations focused on definitions of and regulations related to lot coverage and accessory structures. Below are tables providing those definitions and regulations as follows: • • • •
Table 1 – Definitions of Lot Coverage Table 2 – Limitations on Single Family Home Lot Coverage Table 3 – Definition of Accessory Structure Table 4 – Limitations on Accessory Structures in Single Family Districts
Lot Coverage – Most of the communities researched defined “lot coverage” and related limitations including both principal and accessory structures to calculate overall percentage of lot coverage. However, the Satellite Beach exempts swimming pools from impervious
Project Management • Development Services • Community Redevelopment
coverage (as noted above), and Melbourne Beach Code defines lot coverage as “that portion of any lot, parcel or tract of land which is covered by the principal structure”. In Satellite Beach exempting swimming pools from impervious coverage enables their construction on smaller lots, and in Melbourne Beach including only the principal structure enables accessory structures in general without calculating maximum area as a percentage of the lot. However, the Melbourne Beach Code (Section 7A-57) includes limitations on the location and size of accessory structures as follows: • • • • • • • • • • •
No accessory structure is permitted in the front or side yard (unless permitted in another section) Accessory structures are not permitted to exceed the height of the main structure Accessory structures must be setback 15’ from any lot line (unless permitted in another section) Accessory structures must be constructed simultaneously with or after construction of the main building Tents may not be used as accessory structures No home occupation is permitted in any accessory structure No accessory structure with living quarters is permitted to “be constructed on any lot” Trailers used for storage of construction equipment are permitted on a limited basis Utility sheds are limited to 108 square feet, 7.5’ in height, location on the lot, and one shed per 10,000 square feet of lot area Swimming pools are limited to location behind the front line of the principal structure and setbacks from the building, and side/rear lot lines Portable storage containers are permitted on a temporary basis
The definition of and related restrictions for lot coverage and accessory structures vary for the communities researched, however there are similarities. Variations appear to focus on each community’s effort to promote local policies and conditions. These codes also utilize the definitions for accessory structure and lot coverage along with other provisions for accessory uses in combination to balance the respective provisions. Although the Melbourne Beach Code does not include accessory structures as part of the lot coverage calculation, it utilizes accessory structure provisions (7A-57) thus limiting the size and location of accessory structures, and in turn, lot coverage. Possible Discussion Items/Options: In considering options for accessory structures and lot coverage, like any regulations the issues being addressed and the intent should be identified first. Consideration should also be given to how those regulations apply in different circumstances (large lots versus smaller lots), and if there are any trends in local construction and development, such as lot assemblage, that need to be addressed.
Project Management • Development Services • Community Redevelopment
It may also be appropriate to review the types, sizes, and uses of existing accessory structures within the Town to identify any issues that need to be addressed, and to ensure that any changes to current regulations minimize the creation of nonconformities. In consideration of code language and allowances in other nearby communities, the Planning & Zoning Board may desire to consider the following options: • • • •
Revising the current definition of lot coverage to include accessory structures, and adjusting the percentage of coverage allowed accordingly. Consideration of a maximum impervious coverage requirement. Consider allowance of accessory living units subject to compliance with the comprehensive plan for allowable density. Review current regulations for swimming pools to determine if there are desired changes.
Based on the research completed for this assignment, codes for other nearby communities generally utilize a lot coverage not to exceed between 35% and 50% of principal and accessory structures. The Melbourne Beach code limits to 30% of the lot for the principal structure only, with restrictions on accessory structures being addressed through location, setback and other means. Each community addresses the issues of lot coverage and accessory structures in slightly different ways to adjust to local conditions and circumstances. Local conditions and circumstances in Melbourne Beach include existing lot sizes relative to the size of existing principal and accessory structures, open space, drainage, intensity of development, and any identifiable construction trends. These local conditions should be part of the discussion regarding options for altering these regulations and creating positive outcomes for the community.
Project Management • Development Services • Community Redevelopment
TABLE 1 – DEFINITIONS OF LOT COVERAGE Melbourne Beach
That portion of any lot, parcel or tract of land which is covered by the principal structure.
Melbourne
The percentage of a lot or parcel of land that is covered or occupied by all buildings, including accessory buildings under the terms of this comprehensive development code. Fences, shuffleboard courts, swimming pools and the like shall not be included in computing lot coverage.
Satellite Beach
That portion of the land occupied by buildings or structures.
Rockledge
That portion of any lot, parcel or tract of land which is covered by all structures. The combined area of a lot occupied by all principal and accessory structures, as measured from the exterior of building stem walls, not including building/roof overhangs.
Cocoa Beach
Brevard County
That portion of any lot, parcel or tract of land which is covered by all structures.
Project Management • Development Services • Community Redevelopment
TABLE 2 - LIMITATIONS ON SINGLE FAMILY HOME LOT COVERAGE Melbourne Beach Melbourne Satellite Beach
Maximum lot coverage, principal structure, 30%. For general single family home districts 40% Maximum lot coverage: 50 percent. Maximum impervious area: 50 percent plus an additional ten percent for pavers. Exemption: Swimming pools are exempt from the requirements for impervious area percentages.
Rockledge
R-1 District - The maximum allowable lot coverage is thirty (30) percent of the land that may be covered by the principal and accessory buildings or structures, excluding driveways and concrete slabs, located thereon. The maximum allowable lot coverage by driveways and concrete slabs is twenty (20) percent. An accessory building not exceeding twelve (12) feet high may occupy not more than thirty-five (35) percent of a required rear yard. This provision does not apply to swimming pools. R-2 District - The maximum allowable lot coverage is thirty-five (35) percent of the land that may be covered by the principal and accessory buildings or structures, excluding driveways and concrete slabs, located thereon. The maximum allowable lot coverage by driveways and concrete slabs is twenty (20) percent. An accessory building not exceeding twelve (12) feet high may occupy not more than thirty-five (35) percent of a required rear yard. This provision does not apply to swimming pools.
Cocoa Beach Brevard County
Area. The minimum living area is one thousand two hundred (1,200) square feet Must maintain a pervious area of at least 20% Coverage not expressly limited in estate-type single-family districts. 40% for general (non-mixed or non-estate) single-family districts
Project Management • Development Services • Community Redevelopment
TABLE 3 - DEFINITION OF ACCESSORY STRUCTURE Melbourne Beach
Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure and not containing kitchen facilities.
Melbourne
Accessory structure - A structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure on the lot. Accessory structures may include, but not be limited to, detached private garages, storage buildings, tool houses and garden sheds, swimming pool screen enclosures, gazebos, bathhouses (used in conjunction with a swimming pool), boat houses, noncommercial greenhouses/plant nurseries, and similar uses.
Satellite Beach
Accessory structure or use - A structure or use of land or structure, or portion thereof, customarily incidental and subordinate to the principal structure or use and located on the same parcel with the principal structure or use. Accessory building and use - A subordinate building or portion of a main building the use of which is incidental to that of the primary use of the main building or land, including accessory signs, bona fide servants quarters, storage sheds, swimming pools, garages, garage apartments and greenhouses operated on a non-profit basis. An accessory use is one that is incidental to the main use of the premises. Such building, structure or use shall be constructed after the principal structure or use is substantially completed. Each structure, excepting swimming pools, shall not exceed six hundred (600) square feet.
Rockledge
Cocoa Beach
Brevard County
Accessory facility or structure - Secondary structures located on the same property as the principle structure. Accessory building or use - A building, structure or use on the same lot with, and of a nature
Project Management • Development Services • Community Redevelopment
customarily incidental and subordinate to, the principal use or structure, provided the building, structure or use shall be constructed after or concurrently with the principal structure. (1)
Accessory buildings or structures include but are not limited to private garages, storage sheds, carports, greenhouses, gazebos, cabanas, utility buildings/rooms, verandas, glass rooms, porches, screened porches or awnings, swimming pools and screened enclosures, and private residential boat docks with up to two slips for use of the occupants of the principal residential structure. Buildings or structures secondary and incidental to agricultural uses include, but are not limited to stables, barns, paddock areas and storage areas. Accessory buildings or structures may have a full or half bath; but may not have living quarters or a kitchen, unless such structure is a guesthouse consistent with section 621932.
(2) One single-family garage apartment is accessory to a single-family residence in multi-family zoning classifications. Pursuant to subsection 62-2100.5(2), horses and agricultural pursuits are accessory to a principal residence. (3) Except where otherwise provided in this section, an addition which is attached to a principal structure shall not be considered an accessory building, but shall be considered part of the principal structure. "Attached" for the purpose of this regulation means that the addition is integrated visually, structurally and architecturally with the principal structure, contains a common roof with similar design to the principal structure, and permits access between the
Project Management • Development Services • Community Redevelopment
principal structure and the addition either internally or under the common roof. If there is a connection between the addition and the principal structure which is not enclosed but is comprised solely of the common roof, then the addition shall be considered part of the principal structure if the length of the connection does not exceed the length of the addition by more than 50 percent (or 20 feet, whichever is less). Otherwise, the addition shall be considered a detached accessory structure. "Enclosed" for the purpose of this regulation means an area under a roof which has solid walls at least four feet in height around its entire circumference, or which is 100 percent screened from floor to ceiling, such that the enclosed inside space is clearly separated from the outside space.
Project Management • Development Services • Community Redevelopment
TABLE 4 - LIMITATIONS ON ACCESSORY STRUCTURES IN SINGLE FAMILY DISTRICTS Melbourne Beach
Melbourne
Satellite Beach
Rockledge
Structures clearly incidental and subordinate to the principal use, such as patios, private docks, swimming pools, utility sheds, garages, playhouses and similar uses and structures. One accessory dwelling allowed in SF district where lot is over one acre is size NTE 600 square feet Accessory structures and uses as follows: • Garden, tool and storage buildings, gazebos, piers and docks. • Swimming pools, tennis courts and similar minor recreational facilities. • Satellite dish antennas. • Home occupations. Accessory buildings and uses in residential areas. • Accessory building shall be constructed simultaneously with or following the construction of the primary structure. • Setbacks for accessory uses: o Portable sheds of one hundred (100) square feet in area or less and not attached to a permanent base or slab may be installed not less than six (6) inches from a side or rear lot line, nor closer than ten (10) feet to a principal building on an adjoining lot. o Accessory structures shall not be closer than seven and one-half (7½) feet to a lot line; unless the property abuts a designated retention area recognized by the City of Rockledge; in which case the setback on the abutting side is reduced to six (6) inches, provided further, that the accessory structure may not be placed on an designated easement. o No accessory structure shall be located forward of the front building line of the primary structure.
Project Management • Development Services • Community Redevelopment
o All accessory structures in the defined historical districts of Valencia Road, Barton Avenue and Rockledge Drive may be placed seven and one-half (7½)) feet from the property line, provided the applicant first obtains signed consent forms allowing the reduced setback from all adjoining property owners in accordance with the procedural guidelines of the administrative setback waiver provisions of Section 21.42. o The side-corner setback for an accessory structure on a corner lot shall be the same as for the primary structure. If the property has a six (6) foot tall privacy fence, installed and maintained in compliance with Section 81.30(c) of these regulations, along the side corner property line, the setback may be reduced to fifteen (15) feet. • Except as otherwise specifically provided in this Code, an accessory structure shall not exceed twelve (12) feet in height and may not occupy more than thirty-five (35) percent of a required rear yard. This provision does not apply to swimming pools. The height of an accessory structure shall be measured as the vertical distance from grade plane to the average height of the highest roof surface. • The height of an accessory structure may be increased, provided that the setback be increased two (2) feet for every one foot in increased height above twelve (12) feet. No accessory structure shall be taller than the maximum building height as allowed by the applicable zoning district regulations. • The maximum allowable size of an accessory structure in any residential zoning district shall depend upon the lot size of the property on which the structure is located and shall be as follows: Project Management • Development Services • Community Redevelopment
*Maximum Area.
Lot Size Less acre
than
one
Building
600 square feet
1 acre or more, 3% of total lot area, but less than 50 maximum 5000 square acres feet 50 acres or more
Maximum of square feet
7,500
* Maximum building area is the aggregate total of all accessory structures on the lot. No single accessory structure shall exceed 2500 square feet in area, unless on a parcel of 50 acres or more. Exclusion of arbors and trellises as accessory structures. Arbors, trellises and like garden amenities are excluded from the rules governing accessory structures in all residentially zoned areas. Such uses shall be allowed within all residentially zoned areas subject to the following: • No arbors, trellises or amenities shall be constructed, placed or maintained within the "sight triangle" of corner lots; • No arbors, trellises or garden amenities shall be constructed, placed or maintained within ten (10) feet of any road right-ofway; • No arbors, trellises or garden amenities shall exceed fifty (50) square feet in area or ten (10) feet in height. • Arbors, trellises and garden amenities must be open on at least three (3) sides. Sides may be covered with lattice work or similar material. Cocoa Beach
Accessory Structures: •
Are customarily accessory and clearly
Project Management • Development Services • Community Redevelopment
incidental and subordinate to permitted uses and structures (i.e., sheds, docks, and garages).
Brevard County
•
Are located on the same lot as the principal use or structure, or on a contiguous lot under same ownership.
•
Do not increase traffic volumes above what would normally be found in a residential neighborhood.
•
Do not involve uses which are not in keeping with the character of a residential neighborhood.
Accessory buildings and uses customary to residential uses are permitted as per definition of “accessory buildings and uses”.
Project Management • Development Services • Community Redevelopment
Town Manager Robert Daniels Town Clerk Nancy Wilson Town Attorney Cliff Repperger, Jr. Town Planner Corey O’Gorman
AGENDA The Planning & Zoning Board will conduct a
Planning and Zoning Board Regular Meeting at 7:00 PM To address the item(s) below.
Meeting Date: Tuesday, December 5, 2017 Meeting Location: Community Center – 509 Ocean Ave. Notice: Board discussion and possible action may occur during any Board Meeting. The following sections of the Agenda are always subject to such discussion and possible action without further motion by the Commission: Public Hearings, Old Business, and New Business. The public is advised that members of the Town Commission may be in attendance and participate in proceedings of the board. Attorney General Opinions (AGO) AGO 91-95, AGO 98-14, AGO 2000-68. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: In order to appeal any decision made at this meeting, you will need a verbatim transcript of the proceedings. It will be your responsibility to ensure such a record is made. Such person must provide a method for recording the proceedings verbatim as the Town does not do so. In accordance with the Americans with Disability Act and Section 286.26, Florida Statutes, persons needing special accommodations for this meeting shall, at least 5 days prior to the meeting, contact the Office of the Town Clerk at (321) 724-5860 or Florida Relay System at 711.
I. II. III.
CALL TO ORDER ROLL CALL APPROVAL OF MINUTES A. November 14, 2017 Planning and Zoning Board minutes
IV.
NEW BUSINESS A. Site Plan Review for, 205 Third Avenue, Melbourne Beach, FL B. Site Plan Review for, 401 Oak Street, Melbourne Beach, FL
V.
OLD BUSINESS A. Discuss report prepared by Town Planner O’Gorman regarding options for Lot Coverage and Accessory Structure Size
VI.
PUBLIC COMMENT (Please limit comments to items that are not on the agenda)
VII.
REPORTS: TOWN MANAGER AND TOWN ATTORNEY
VIII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS IX. ADJOURNMENT
Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Interim Town Manager Elizabeth Mascaro Town Clerk Nancy Wilson Building Official Marc Meyers Town Planner Corey O’Gorman Town Attorney Clifford Repperger Jr.
DRAFT MINUTES The Planning & Zoning Board conducted a
Planning and Zoning Board Regular Meeting at 7:00 PM on Tuesday, November 14, 2017
I.
CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m.
II.
ROLL CALL Town Clerk Wilson led roll call: Present: Chairman David Campbell Member Kurt Belsten Member Douglas Hilmes Alternate Member Daniel Gonzalez
Staff Present: Interim Town Manager Mascaro Town Clerk Nancy Wilson Town Attorney Clifford Repperger Town Planner Corey O’Gorman
Absent: Member April Evans III.
APPROVAL OF MINUTES A. September 5, 2017 Planning and Zoning Board Minutes Member Belsten made a motion to approve the minutes as presented; Member Hilmes seconded. Motion carried 4-0.
IV.
PUBLIC HEARING A. Review of Proposed Draft Ordinance 2017-05 regarding the Land Development Code Town Attorney Repperger read Ordinance 2017-05 by title. Chairman Campbell said we’ve reviewed the Land Development Code before so there isn’t much to review. The Town Attorney asked that if the Board is going to make a recommendation for approval, that an official finding be made on the record that you have deemed that the attachment is consistent with the Comprehensive Plan based on your prior discussions and findings of these changes. Chairman Campbell added that the Town has been working on the document since 2012. There were no public comments. Member Belsten made a motion to approve Ordinance 2017-05 adding that the proposed Land Development Code is consistent with the Comprehensive Plan; Member Hilmes seconded. Motion carried 4-0.
V.
NEW BUSINESS A. Site Plan Review for 1901 Cedar, Melbourne Beach, FL Chairman Campbell said the Building Official’s report found that the setbacks were met and it also meets height and lot coverage requirements. This is an addition to an existing home. Member Belsten made a motion to approve the site plan for 1901 Cedar; Member Gonzalez seconded. Motion carried 4-0. A. Review of memo from Town Planner O’Gorman regarding minor grading and minor fill Chairman Campbell liked the recommendation by the Town Planner that we leave the code as currently written and not add a definition for minor grading and minor fill thus allowing minor grading and filling to be determined on a case-by-case basis thus allowing the Building Official to use his discretion in making some determinations. Member Hilmes agreed. Chairman Campbell added that this only applies in coastal high hazard areas. Member Gonzalez made a motion to leave the code as currently writen and not add a definition for minor grading and filling; Member Belsten seconded. Motion carried 4-0. B.
Review and approval of the 2018 Planning & Zoning Board Application Deadline and Meeting Schedule Chairman Campbell suggested that the November 6, 2018 date be changed to November 13, 2018 because the polling place for the 2018 election is the Community Center and the meeting would be postponed anyway. This would also necessitate changing the application deadline date from October 16, 2018 to October 23, 2018. Member Belsten made a motion to approve the 2018 Planning & Zoning Board Application Deadline and Meeting Schedule; Member Hilmes seconded. Motion carried 4-0.
VI.
PUBLIC COMMENT – Sharon Stewart 420 Riverview Lane Ms. Stewart asked about utility sheds and wanted to know if the 108 sq.ft.
maximum size is going to be increased. She was told that once the updated Land Development Code is approved, utility sheds will be permitted up to 120 square feet in floor area and 10½ feet in height. VIII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY Town Attorney Repperger said that the medical marijuana prohibition ordinance will be on next months’ agenda. IX.
ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS The Commission is waiting for a report from Town Planner O’Gorman about accessory structures and lot coverage. Member Belsten thanked the Board for all their hard work on the Land Development Code.
X. ADJOURNMENT Member Belsten made a motion to adjourn; Member Hilmes seconded. Motion carried 4-0. Meeting adjourned at 7:13 p.m.
ATTEST:
_______________________ David Campbell, Chairman
______________________ Nancy Wilson, Town Clerk
This page left intentionally blank.
This page left intentionally blank.
700 US Highway One, Suite C North Palm Beach, FL 33408 561-863-2722
MEMORANDUM To:
Town Manager Town of Melbourne Beach
From:
Corey W. O’Gorman
Re:
Options for Lot Coverage and Accessory Structure Size
Date:
November 20, 2017
The Town Commission authorized the Planning & Zoning Board to have the Town Planner research options for “lot coverage” and “accessory structure size” in single-family zoning districts to assist the Planning & Zoning Board in their discussions. The scope of this assignment is: • • •
Review current Melbourne Beach Code, including definitions and district regulations; Review similar codes in other communities and research other third-party sources for intent, district regulations and options; and Prepare a memorandum summarizing the findings.
For this assignment the single-family zoning districts were researched for the following jurisdictions due to their proximity to the Town of Melbourne Beach: Melbourne, Satellite Beach, Rockledge, Cocoa Beach and Brevard County. Background: Based on review of the Town regulations and those in other jurisdictions lot coverage limitations are utilized to implement policy of the Town to promote those activities on a lot that the community wishes to incentivize or de-incentivize. Several other types of land regulation tools are also utilized in conjunction with lot coverage to promote or discourage use of accessory structures including:
Project Management • Development Services • Community Redevelopment
• • • • • • •
Setbacks for principal buildings; Setbacks for accessory buildings Minimum size of principal buildings; Maximum size of accessory structures; Minimum lot sizes; Floor area ratios (FAR); Limitations on pervious and impervious area.
These standards are applied differently to different categories of use (e.g., single-family, multi-family, commercial, industrial, etc.) and for different districts within those use categories (e.g., 1-RS, 2-RS, etc.), and serve to regulate intensity of development. For example, some communities have low FAR and low percentage of lot coverage, and large minimum lot sizes for a suburban environment, where higher FAR, lot coverage and smaller lot sizes are utilized for a more urban environment. These standards also address issues such as provision of sufficient open space on each parcel of land and for purposes of ensuring sufficient drainage capabilities of the lot and the overall area. Where there is a lack of park and open space areas, regulations will often require larger lots and/or lower percentages of lot coverage so that each lot provides its own open space. Examples where these standards are used as an incentive include the City of Melbourne’s accessory dwelling requirement, and Satellite Beach’s impervious area requirement. In the City of Melbourne their code allows one accessory dwelling unit per lot provided it does not exceed the number of units per acre allowed in the land use category, as an incentive promoting accessory dwelling units. Satellite Beach exempts the area of swimming pool from impervious area calculation. This allows for more homeowners to construct swimming pools on lots with larger homes already existing where swimming pools may not have been otherwise possible. Current Regulation Review: Review of current regulations focused on definitions of and regulations related to lot coverage and accessory structures. Below are tables providing those definitions and regulations as follows: • • • •
Table 1 – Definitions of Lot Coverage Table 2 – Limitations on Single Family Home Lot Coverage Table 3 – Definition of Accessory Structure Table 4 – Limitations on Accessory Structures in Single Family Districts
Lot Coverage – Most of the communities researched defined “lot coverage” and related limitations including both principal and accessory structures to calculate overall percentage of lot coverage. However, the Satellite Beach exempts swimming pools from impervious
Project Management • Development Services • Community Redevelopment
coverage (as noted above), and Melbourne Beach Code defines lot coverage as “that portion of any lot, parcel or tract of land which is covered by the principal structure”. In Satellite Beach exempting swimming pools from impervious coverage enables their construction on smaller lots, and in Melbourne Beach including only the principal structure enables accessory structures in general without calculating maximum area as a percentage of the lot. However, the Melbourne Beach Code (Section 7A-57) includes limitations on the location and size of accessory structures as follows: • • • • • • • • • • •
No accessory structure is permitted in the front or side yard (unless permitted in another section) Accessory structures are not permitted to exceed the height of the main structure Accessory structures must be setback 15’ from any lot line (unless permitted in another section) Accessory structures must be constructed simultaneously with or after construction of the main building Tents may not be used as accessory structures No home occupation is permitted in any accessory structure No accessory structure with living quarters is permitted to “be constructed on any lot” Trailers used for storage of construction equipment are permitted on a limited basis Utility sheds are limited to 108 square feet, 7.5’ in height, location on the lot, and one shed per 10,000 square feet of lot area Swimming pools are limited to location behind the front line of the principal structure and setbacks from the building, and side/rear lot lines Portable storage containers are permitted on a temporary basis
The definition of and related restrictions for lot coverage and accessory structures vary for the communities researched, however there are similarities. Variations appear to focus on each community’s effort to promote local policies and conditions. These codes also utilize the definitions for accessory structure and lot coverage along with other provisions for accessory uses in combination to balance the respective provisions. Although the Melbourne Beach Code does not include accessory structures as part of the lot coverage calculation, it utilizes accessory structure provisions (7A-57) thus limiting the size and location of accessory structures, and in turn, lot coverage. Possible Discussion Items/Options: In considering options for accessory structures and lot coverage, like any regulations the issues being addressed and the intent should be identified first. Consideration should also be given to how those regulations apply in different circumstances (large lots versus smaller lots), and if there are any trends in local construction and development, such as lot assemblage, that need to be addressed.
Project Management • Development Services • Community Redevelopment
It may also be appropriate to review the types, sizes, and uses of existing accessory structures within the Town to identify any issues that need to be addressed, and to ensure that any changes to current regulations minimize the creation of nonconformities. In consideration of code language and allowances in other nearby communities, the Planning & Zoning Board may desire to consider the following options: • • • •
Revising the current definition of lot coverage to include accessory structures, and adjusting the percentage of coverage allowed accordingly. Consideration of a maximum impervious coverage requirement. Consider allowance of accessory living units subject to compliance with the comprehensive plan for allowable density. Review current regulations for swimming pools to determine if there are desired changes.
Based on the research completed for this assignment, codes for other nearby communities generally utilize a lot coverage not to exceed between 35% and 50% of principal and accessory structures. The Melbourne Beach code limits to 30% of the lot for the principal structure only, with restrictions on accessory structures being addressed through location, setback and other means. Each community addresses the issues of lot coverage and accessory structures in slightly different ways to adjust to local conditions and circumstances. Local conditions and circumstances in Melbourne Beach include existing lot sizes relative to the size of existing principal and accessory structures, open space, drainage, intensity of development, and any identifiable construction trends. These local conditions should be part of the discussion regarding options for altering these regulations and creating positive outcomes for the community.
Project Management • Development Services • Community Redevelopment
TABLE 1 – DEFINITIONS OF LOT COVERAGE Melbourne Beach
That portion of any lot, parcel or tract of land which is covered by the principal structure.
Melbourne
The percentage of a lot or parcel of land that is covered or occupied by all buildings, including accessory buildings under the terms of this comprehensive development code. Fences, shuffleboard courts, swimming pools and the like shall not be included in computing lot coverage.
Satellite Beach
That portion of the land occupied by buildings or structures.
Rockledge
That portion of any lot, parcel or tract of land which is covered by all structures. The combined area of a lot occupied by all principal and accessory structures, as measured from the exterior of building stem walls, not including building/roof overhangs.
Cocoa Beach
Brevard County
That portion of any lot, parcel or tract of land which is covered by all structures.
Project Management • Development Services • Community Redevelopment
TABLE 2 - LIMITATIONS ON SINGLE FAMILY HOME LOT COVERAGE Melbourne Beach Melbourne Satellite Beach
Maximum lot coverage, principal structure, 30%. For general single family home districts 40% Maximum lot coverage: 50 percent. Maximum impervious area: 50 percent plus an additional ten percent for pavers. Exemption: Swimming pools are exempt from the requirements for impervious area percentages.
Rockledge
R-1 District - The maximum allowable lot coverage is thirty (30) percent of the land that may be covered by the principal and accessory buildings or structures, excluding driveways and concrete slabs, located thereon. The maximum allowable lot coverage by driveways and concrete slabs is twenty (20) percent. An accessory building not exceeding twelve (12) feet high may occupy not more than thirty-five (35) percent of a required rear yard. This provision does not apply to swimming pools. R-2 District - The maximum allowable lot coverage is thirty-five (35) percent of the land that may be covered by the principal and accessory buildings or structures, excluding driveways and concrete slabs, located thereon. The maximum allowable lot coverage by driveways and concrete slabs is twenty (20) percent. An accessory building not exceeding twelve (12) feet high may occupy not more than thirty-five (35) percent of a required rear yard. This provision does not apply to swimming pools.
Cocoa Beach Brevard County
Area. The minimum living area is one thousand two hundred (1,200) square feet Must maintain a pervious area of at least 20% Coverage not expressly limited in estate-type single-family districts. 40% for general (non-mixed or non-estate) single-family districts
Project Management • Development Services • Community Redevelopment
TABLE 3 - DEFINITION OF ACCESSORY STRUCTURE Melbourne Beach
Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure and not containing kitchen facilities.
Melbourne
Accessory structure - A structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure on the lot. Accessory structures may include, but not be limited to, detached private garages, storage buildings, tool houses and garden sheds, swimming pool screen enclosures, gazebos, bathhouses (used in conjunction with a swimming pool), boat houses, noncommercial greenhouses/plant nurseries, and similar uses.
Satellite Beach
Accessory structure or use - A structure or use of land or structure, or portion thereof, customarily incidental and subordinate to the principal structure or use and located on the same parcel with the principal structure or use. Accessory building and use - A subordinate building or portion of a main building the use of which is incidental to that of the primary use of the main building or land, including accessory signs, bona fide servants quarters, storage sheds, swimming pools, garages, garage apartments and greenhouses operated on a non-profit basis. An accessory use is one that is incidental to the main use of the premises. Such building, structure or use shall be constructed after the principal structure or use is substantially completed. Each structure, excepting swimming pools, shall not exceed six hundred (600) square feet.
Rockledge
Cocoa Beach
Brevard County
Accessory facility or structure - Secondary structures located on the same property as the principle structure. Accessory building or use - A building, structure or use on the same lot with, and of a nature
Project Management • Development Services • Community Redevelopment
customarily incidental and subordinate to, the principal use or structure, provided the building, structure or use shall be constructed after or concurrently with the principal structure. (1)
Accessory buildings or structures include but are not limited to private garages, storage sheds, carports, greenhouses, gazebos, cabanas, utility buildings/rooms, verandas, glass rooms, porches, screened porches or awnings, swimming pools and screened enclosures, and private residential boat docks with up to two slips for use of the occupants of the principal residential structure. Buildings or structures secondary and incidental to agricultural uses include, but are not limited to stables, barns, paddock areas and storage areas. Accessory buildings or structures may have a full or half bath; but may not have living quarters or a kitchen, unless such structure is a guesthouse consistent with section 621932.
(2) One single-family garage apartment is accessory to a single-family residence in multi-family zoning classifications. Pursuant to subsection 62-2100.5(2), horses and agricultural pursuits are accessory to a principal residence. (3) Except where otherwise provided in this section, an addition which is attached to a principal structure shall not be considered an accessory building, but shall be considered part of the principal structure. "Attached" for the purpose of this regulation means that the addition is integrated visually, structurally and architecturally with the principal structure, contains a common roof with similar design to the principal structure, and permits access between the
Project Management • Development Services • Community Redevelopment
principal structure and the addition either internally or under the common roof. If there is a connection between the addition and the principal structure which is not enclosed but is comprised solely of the common roof, then the addition shall be considered part of the principal structure if the length of the connection does not exceed the length of the addition by more than 50 percent (or 20 feet, whichever is less). Otherwise, the addition shall be considered a detached accessory structure. "Enclosed" for the purpose of this regulation means an area under a roof which has solid walls at least four feet in height around its entire circumference, or which is 100 percent screened from floor to ceiling, such that the enclosed inside space is clearly separated from the outside space.
Project Management • Development Services • Community Redevelopment
TABLE 4 - LIMITATIONS ON ACCESSORY STRUCTURES IN SINGLE FAMILY DISTRICTS Melbourne Beach
Melbourne
Satellite Beach
Rockledge
Structures clearly incidental and subordinate to the principal use, such as patios, private docks, swimming pools, utility sheds, garages, playhouses and similar uses and structures. One accessory dwelling allowed in SF district where lot is over one acre is size NTE 600 square feet Accessory structures and uses as follows: • Garden, tool and storage buildings, gazebos, piers and docks. • Swimming pools, tennis courts and similar minor recreational facilities. • Satellite dish antennas. • Home occupations. Accessory buildings and uses in residential areas. • Accessory building shall be constructed simultaneously with or following the construction of the primary structure. • Setbacks for accessory uses: o Portable sheds of one hundred (100) square feet in area or less and not attached to a permanent base or slab may be installed not less than six (6) inches from a side or rear lot line, nor closer than ten (10) feet to a principal building on an adjoining lot. o Accessory structures shall not be closer than seven and one-half (7½) feet to a lot line; unless the property abuts a designated retention area recognized by the City of Rockledge; in which case the setback on the abutting side is reduced to six (6) inches, provided further, that the accessory structure may not be placed on an designated easement. o No accessory structure shall be located forward of the front building line of the primary structure.
Project Management • Development Services • Community Redevelopment
o All accessory structures in the defined historical districts of Valencia Road, Barton Avenue and Rockledge Drive may be placed seven and one-half (7½)) feet from the property line, provided the applicant first obtains signed consent forms allowing the reduced setback from all adjoining property owners in accordance with the procedural guidelines of the administrative setback waiver provisions of Section 21.42. o The side-corner setback for an accessory structure on a corner lot shall be the same as for the primary structure. If the property has a six (6) foot tall privacy fence, installed and maintained in compliance with Section 81.30(c) of these regulations, along the side corner property line, the setback may be reduced to fifteen (15) feet. • Except as otherwise specifically provided in this Code, an accessory structure shall not exceed twelve (12) feet in height and may not occupy more than thirty-five (35) percent of a required rear yard. This provision does not apply to swimming pools. The height of an accessory structure shall be measured as the vertical distance from grade plane to the average height of the highest roof surface. • The height of an accessory structure may be increased, provided that the setback be increased two (2) feet for every one foot in increased height above twelve (12) feet. No accessory structure shall be taller than the maximum building height as allowed by the applicable zoning district regulations. • The maximum allowable size of an accessory structure in any residential zoning district shall depend upon the lot size of the property on which the structure is located and shall be as follows: Project Management • Development Services • Community Redevelopment
*Maximum Area.
Lot Size Less acre
than
one
Building
600 square feet
1 acre or more, 3% of total lot area, but less than 50 maximum 5000 square acres feet 50 acres or more
Maximum of square feet
7,500
* Maximum building area is the aggregate total of all accessory structures on the lot. No single accessory structure shall exceed 2500 square feet in area, unless on a parcel of 50 acres or more. Exclusion of arbors and trellises as accessory structures. Arbors, trellises and like garden amenities are excluded from the rules governing accessory structures in all residentially zoned areas. Such uses shall be allowed within all residentially zoned areas subject to the following: • No arbors, trellises or amenities shall be constructed, placed or maintained within the "sight triangle" of corner lots; • No arbors, trellises or garden amenities shall be constructed, placed or maintained within ten (10) feet of any road right-ofway; • No arbors, trellises or garden amenities shall exceed fifty (50) square feet in area or ten (10) feet in height. • Arbors, trellises and garden amenities must be open on at least three (3) sides. Sides may be covered with lattice work or similar material. Cocoa Beach
Accessory Structures: •
Are customarily accessory and clearly
Project Management • Development Services • Community Redevelopment
incidental and subordinate to permitted uses and structures (i.e., sheds, docks, and garages).
Brevard County
•
Are located on the same lot as the principal use or structure, or on a contiguous lot under same ownership.
•
Do not increase traffic volumes above what would normally be found in a residential neighborhood.
•
Do not involve uses which are not in keeping with the character of a residential neighborhood.
Accessory buildings and uses customary to residential uses are permitted as per definition of “accessory buildings and uses”.
Project Management • Development Services • Community Redevelopment
