Planning and Zoning Board AGENDA. Tuesday April 9, :30 P.M. City Council Chambers

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1 MAYOR Hal J. Rose DEPUTY MAYOR John Coach Tice COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Barbara A. Smith Andrea Young CITY HALL 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) Planning and Zoning Board AGENDA Tuesday April 9, :30 P.M. City Council Chambers All persons who desire to speak on any public hearing item must fill out an Oath Card, sign the card, and submit the Card to one of the City Planners. Speakers will be heard in the order received by the Chairman. The applicant may make a brief rebuttal if necessary. Anyone who speaks is considered a witness. If you have photographs, sketches, or other documents, you must provide 9 copies to one of the City Planners for distribution to the board members. These items will be retained by the Board members, City Attorney and City Staff. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. MINUTES Planning and Zoning Board Meeting of March 12, PUBLIC HEARING(S) a. Rezoning 1455 S. Wickham Road (REZ ) The applicant has requested a rezoning from R-1A to C-1A on the property. Applicant: Location: Scott Carter 1455 S. Wickham Road The proposed rezoning will be acted on by City Council with a recommendation from the Planning and Zoning Board.

2 Planning and Zoning Board Meeting 04/9/2013 Page 2 b. Cypress Landing Preliminary Plat The applicant is requesting approval of a preliminary plat for Cypress Landings subdivision which consists of 110 townhome (individual lots as defined in Chapter 62) and 89 single-family lots for a total of 199 lots on approximately acres. Applicant: Location: KB Home Jacksonville, LLC East of Hollywood Boulevard, south of Eber Road, and north of Palm Bay Road c. Land Development Regulations Amendments including Creation of Chapter 63 Code amendments to extract definitions from Chapter 62-General Provisions and to place them in a new Chapter 63-Definitions. This is part of the Land Development Regulations rewrite that began in REPORTS a. Planning Director b. Board Members 7. ADJOURN All persons wishing to be heard should appear in person at these hearings or send written comments to the City Clerk. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (Chapter 286, Florida Statutes). In compliance with American with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City s ADA coordinator at at least 48 hours in advance of this meeting.

3 MAYOR Hal J. Rose DEPUTY MAYOR John Coach Tice COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Barbara A. Smith Andrea Young CITY HALL 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) Planning and Zoning Board MINUTES Tuesday March 12, :30 P.M. City Council Chambers 1. CALL TO ORDER The meeting was called to order with the Pledge of Allegiance by Chairman Liesenfelt. 2. ROLL CALL Present were: Chairman Liesenfelt Vice Chairman Chris Jaudon Board Member Harry Stapor Board Member Mark Vorce Board Member Paul Bernkopf Board Member Craig Suman Board Member Fritz Kawohl Also present were City Attorney Jim Wilson, Council Member Andrea Young, Planning Director Christy Fischer, and Planner Denise Curry. 3. MINUTES Planning and Zoning Board Meeting of February 12, Moved by Board Member Suman seconded by Vice Chairman Jaudon to accept the minutes as written. Motion Carried, PUBLIC HEARING(S) a. Large Scale Comprehensive Plan Map Amendment Lowe s (LSA Adoption)

4 Planning and Zoning Board Meeting Minutes 03/12/2013 Page 2 The applicant has annexed the property into the City limits. As required by our Land Development Regulations, staff is processing the future land use map amendment to a City designation of Commercial (COM). Applicant: Location: Lowe s Home Center 2150 Minton Road The proposed Large Scale Amendment to the City s Future Land Use Map will be acted on by City Council with a recommendation from the Planning and Zoning Board. Planner Director Fischer presented the staff report. She explained that the request was for the Lowe s Home Center that had been annexed on November 20, 2012 to set a City Commercial land use for the property and that no changes to the existing use have been proposed. She reminded the board that the comprehensive plan map amendment had been transmitted to the State after the December 2012 public hearings and was consistent with the surrounding properties and the City s Comprehensive Plan. She added that the State returned a no adverse impacts letter and there were no comments from other agencies. She explained that the City could now proceed with adoption of the map amendment, with the public hearing and 1 st reading of the ordinance being scheduled for the March 19, 2013 City Council Meeting. She concluded with the following recommended motion to the board: Recommend adoption of the large scale comprehensive plan map amendment to provide Commercial future land use on Lowe s property. Chairman Liesenfelt opened the public hearing and asked for any comments from the audience. Seeing none, he closed the public hearing. Board Member Vorce inquired about the plans to restripe the parking lot. Planning Director Fischer gave a status report on the resurfacing/restriping and construction of the sewer line. There was some discussion regarding the City s parking space width requirements. Chairman Liesenfelt asked whether the Lowe s had been included in the CRA area. Planning Director Fischer replied that it had not been included because it is not anticipated to be redeveloped. Moved by Board Member Vorce, seconded by Vice Chairman Jaudon to recommend adoption of the large scale comprehensive plan map amendment to provide Commercial future land use on Lowe s property. Motion Carried, OTHER BUSINESS a. Finding of Consistency West Melbourne-Brevard County Joint Community Redevelopment Master Plan Prior to submittal of the Redevelopment Master Plan to the Community Redevelopment Agency, the document must be reviewed for conformity to the City s Comprehensive Plan.

5 Planning and Zoning Board Meeting Minutes 03/12/2013 Page 3 The Planning and Zoning Board can only provide a recommendation on the proposed Redevelopment Master Plan as it correlates to the City s Comprehensive Plan. The Redevelopment Master Plan will then go to the Community Redevelopment Agency on March 19, 2013 for this board s recommendation to City Council. Staff has attached a flowchart to describe the upcoming sequence of events. Planning Director Fischer presented the staff report along with some information regarding CRAs. She explained the steps that have been taken to set up the CRA and presented a flow chart to indicate where in the process the City is. She reminded the board why the CRA was created and advised that they should look at the CRA Plan from the perspective of whether or not the plan is consistent or harmonious with the City s Comprehensive Plan. She concluded with the recommended motion: Advise City Council that the Redevelopment Master Plan for the West Melbourne-Brevard County Joint Community Redevelopment Agency is consistent with the Horizon 2030 Comprehensive Plan. Board Member Vorce commented about recent development along U.S Board Member Stapor stated that there is consistency with the use of the same descriptive words and uses in text of both documents and asked why the copy of the CRA Plan given to the board had the word draft on it. Planning Director Fischer explained that the CRA Plan has not been formally adopted by City Council and the CRA Board as of yet so that is why the word draft still appears on the document. There was some discussion about the process that was used to establish the boundaries of the area. Board Member Stapor identified a typo in the one of the tables in the CRA Plan as well as a typo on a presentation slide. Planning Director Fischer acknowledged and advised that they will be corrected. Moved by Board Member Stapor seconded by Board Member Kawohl to advise City Council that the Redevelopment Master Plan for the West Melbourne-Brevard County Joint Community Redevelopment Agency is consistent with the Horizon 2030 Comprehensive Plan. Motion Carried, REPORTS a. Planning Director Planning Director Fischer advised there will be a meeting in April for the Planning and Zoning Board as development is picking up. b. Board Members

6 Planning and Zoning Board Meeting Minutes 03/12/2013 Page 4 Board Member Stapor informed the board that the item heard at the February meeting regarding the code change for an outdoor social club has been withdrawn by the applicant. 8. ADJOURN Chairman Liesenfelt adjourned the meeting at 7:35 p.m. Chairman Jim Liesenfelt Denise Curry, Planner

7 MAYOR Hal J. Rose DEPUTY MAYOR John Coach Tice COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Barbara A. Smith Andrea Young PREPARED BY: REVIEWED BY: PLANNING AND ZONING BOARD AGENDA ITEM Denise Curry, Planner Rezoning Request (REZ ) 1455 S. Wickham Road Christy Fischer, Planning Director CITY HALL 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) DATE: April 9, 2013 This is a request to rezone property located at 1455 S. Wickham Road. The following information has been compiled to assist the Board in making a recommendation to the City Council concerning this request. Background Information Property Information Owner/Applicant Location & Acreage Existing Use of Property Proposed Use of Property Current zoning Proposed zoning Scott Carter 1455 S. Wickham Road; 0.53 Acres Vacant Single-Family Residential Conversion of Single-Family Residence to a Real Estate Office R-1A (Single-Family Residential) City of West Melbourne C-1A (Professional Offices and Services District) The applicant desires to convert the existing house into a real estate office. The house will not be expanded but the rooms will be remodeled, and parking, retention pond, sidewalk, and landscaping features will be added to the exterior site. Staff Analysis: City Code Citation: Chapter 98, Article III, Division 9 (C-1A) This request is to establish a City zoning designation of C-1A (Professional Offices and Services District) for the property. In reviewing the proposed rezoning, the City assesses whether the request meets the minimum requirements in the Land Development Regulations and whether the request is consistent with the City s adopted Comprehensive Plan. Consistency with the Comprehensive Plan: According to the City s Land Development Regulations, Section , a rezoning must be in compliance with the Comprehensive Plan. In this case, it is important to understand that the entire Wickham Road corridor has a Commercial future land use designation. This Commercial future land use designation was assigned as early as 1990 and the Horizon 2030 Comprehensive Plan continues to reflect that designation. However, the City of West Melbourne has never conducted administrative rezoning along the Wickham Road corridor to convert the remaining R-1A and R-1AA zoned properties to C-1A, C-1, or C-2 zoning. Wickham

8 Staff Report, Rezoning 1455 S. Wickham Road Page 2 of 4 Road is one of those corridors that has older subdivision plats from 1950, that in the 1980 s, when the arterial road of Wickham was constructed, experienced a slow conversion of singlefamily residential lots to commercial offices, car lots and retail stores. The maps below illustrate the discrepancy between the future land use map designation versus the current zoning. Future land use designations and zoning districts should be in the same category and staff will propose administrative rezonings of other properties with similar issues along Wickham Road over the next two years Future Land Use Designation of Commercial Source, 2030 Future Land Use Map Existing Zoning R-1A Not consistent with Commercial FLU Granting the rezoning of the property from R-1A to C-1A zoning makes the property consistent with the proposed COM (Commercial) future land use, which removes any issues of nonconforming zoning uses such as the single-family house. Non-conforming zoning uses cannot be enlarged or placed in a different configuration, and the intent of the Zoning Code to identify non-conforming uses is that over time the non-conforming uses will be replaced with conforming uses such as the office use. As a reminder of the correlation of all future land uses and the corresponding zoning district, staff has attached the Future Land Use Matrix that was created in 2011 after the Horizon 2030 Comprehensive Plan was approved. Consistency with the Land Development Regulations (LDR): To review whether the proposed rezoning is consistent with the City s codes, staff reviews codes and makes a decision based upon what is provided to the City. 1) LDR Section Applications. Staff Comments The submitted applications comply with the code requirements for its content and completeness. 2) LDR Section Review and Recommendation. Staff Comments The rezoning request is forwarded to the Planning and Zoning Board (acting as the Local Planning Agency) for its recommendation and then to City Council for its determination. These findings are based on the Land Development Regulations, the Comprehensive Plan and the surrounding

9 Staff Report, Rezoning 1455 S. Wickham Road Page 3 of 4 conditions. The subject property is located in an established commercial area where older single-family residences have been converted for professional office use. Staff has the rezoning application from the property owner desiring the C- 1A Professional Offices and Services zoning. 3) LDR Section Intent. (C-1A Zoning District) The C-1A professional offices and services district is intended to apply to areas adjacent to major streets which are suitable for offices, but are unsuited for commercial, institutional or industrial development because of their proximity to residential areas. The uses permitted and other restrictions set forth are intended to provide for the development of offices, and personal service establishments separately from intensely developed commercial and industrial facilities. Staff comments The proposal is to convert a single-family residence to a real estate office which is a permitted use in the C-1A zoning district. The property also meets all of the lot and structure, and minimum yard requirements in the C- 1A. Comparison of Zoning Dimension requirements and uses The following table shows the dimension differences of the R-1A (Single-Family Residential) zoning and the proposed C-1A (Professional Offices and Services). Zoning R-1A, (Single-Family Residential) C-1A (Professional Offices and Services) Width (feet) Lot Dimensions Depth Height (feet) (feet) Size (sq. ft.) Setbacks (feet) Front Rear Side, Interior Side, Corner As is shown in the table with minimum dimension requirements above, the lot dimensions and setbacks are similar in each zoning district, which will not result in creating non-conforming setbacks to the existing 1260 square foot building which will be used in its current configuration. The property size of 0.53 acres exceeds the minimum size requirement in either the R-1A or C- 1A zoning district. R-1A Single-Family dwellings C-1A Professional services offices; Financial institutions; Business services, personal service establishments; Medical and dental offices 5,000 sq. ft. or less; Studios for the arts and physical fitness; Bookstores, office supply; Single family occupancy is allowed but only as accessory to the main office uses. As stated previously, the rezoning to professional office is consistent with the City s future land use map which provides the direction of land uses throughout the City. The zoning comparison

10 Staff Report, Rezoning 1455 S. Wickham Road Page 4 of 4 table shows that the R-1A only allows single family residential and C-1A allows a variety of office and small uses. Staff Recommended Motion: Recommend to City Council, approval of the rezoning of the property from R-1A to C-1A. City Council review and first reading is scheduled for April 16, Existing R-1A zoning shown in yellow Proposed C-1A zoning shown in pink Now the zoning will be consistent with the City s Future Land Use Map

11 MAYOR Hal J. Rose DEPUTY MAYOR John Coach Tice COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Barbara A. Smith Andrea Young Planning & Growth Management Department Christy Fischer, Planning Director City Hall 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) PLANNING & ZONING BOARD AGENDA ITEM PREPARED BY: REVIEWED BY: Denise Curry, Planner Christy Fischer, Planning Director MEETING DATE: April 9, 2013 SUBJECT: Staff Report, Cypress Landings Subdivision Preliminary Plat (PP ) Process Cypress Landings (a residential subdivision) proposes 110 duplexes (ownership of lot and building, not rental or condominiums) and 89 single-family lots for a total of 199 lots on acres. The preliminary plat is the first step in the two part subdivision process. The developer, KB Home is requesting approval of the preliminary plat in order to submit construction plans for review. The following information has been compiled to assist the Board in making a recommendation concerning this request. Background Information Property owner: Location: Size: Residential Lots: KB Home Jacksonville, LLC East of Hollywood Blvd, south of Eber Road, and north of Palm Bay Road /- acres (4 properties combined together) 110 townhome and 89 single-family lots Total of 199 lots On February 5, 2013, City Council approved the proportionate fair share traffic agreement with KB Homes who is developing Cypress Landings. This agreement involves the City, Brevard County and KB Homes and addresses the issues of traffic concurrency and vesting of the trips generated by the proposed 199 dwelling units. Prior to issuance of the first building permit, Cypress Landings must pay $41,475 to Brevard County at its share for an eventual traffic signal on Hollywood Boulevard (Brevard County s road) at Imagine Way. If the City continues to be a partner with Brevard County in the County s traffic impact fee program, and if the traffic impact fees are reenacted, then KB Homes could receive up to $681,887 in transportation impact fee credits for extending Durham Drive and connecting Imagine Way to Durham Drive as part of the area road network. A copy of the approved traffic agreement from February 2013 is attached.

12 Staff Report Cypress Landing Preliminary Plat (PP ) Page 2 This aerial shows the location of the new subdivision in the teal blue outline of the 4 current parcels Staff Analysis In reviewing the preliminary plat, the City assesses whether the request meets the minimum requirements in the Land Development Regulations and the Florida Statutes. The Florida Statutes provides most of the requirements and once the preliminary plat is approved, the next step is the final plat which creates the lots as a legal document. The layout of the lots in the final plat must look identical to the preliminary plat. The following sections provide staff s analysis of the City s requirements and the information required on the plat. Public Hearing Process The Cypress Landing preliminary plat will be reviewed and deliberated upon by the Planning and Zoning Board and the City Council. City Council with consider this preliminary plat on April 16, Although the City s Codes have a distinction between the plats that are required to be processed through the Planning and Zoning Board only and those that are deliberated upon by Council, the City Attorney has ruled that per Florida Statutes, all plats, regardless of size, must be deliberated upon by City Council, with a recommendation from the Planning and Zoning Board. Overview of the Submitted Preliminary Plat The submitted plat is zoned R-2, and due to its location and previous agreements that are identified in the City s comprehensive plan, the maximum residential density allowed on the site is 8.3 dwelling units per acre. For the acres, the development density proposed is only 2.74 dwelling units per acre, thus complying with Future Land Use Policy 4.2 of the Horizon 2030 Comprehensive Plan.

13 Staff Report Cypress Landing Preliminary Plat (PP ) Page 3 The features of the plat are as follows There are four main parcels that previously were plat of an old plat which is called Florida Indian River Land Company, and technically will be replatted as Cypress Landings. Parcel A Comprises the main body of the plat to contain the 199 lots, the supporting utilities, and the extension of Durham Drive and Imagine Way. Parcel A, when platted will contain the 199 residential lots, 2 roads (to be dedicated as public right-of-way) and 22 non-residential tracts (to be dedicated as privately owned, meaning the Cypress Landings homeowners association will be required to maintain the tracts) Parcel B Comprises 4.21 acres and contains the Melbourne Tillman Water Control District s canal and FPL electric lines; this parcel is not designated for subdivision development. Parcel C Comprises 4.35 acres and contains the Melbourne Tillman Water Control District and FPL electric lines; this parcel is not designated for subdivision development. Parcel D Comprises 2.95 acres and contains the Melbourne Tillman Water Control District and FPL electric lines; this parcel is not designated for subdivision development. Consistency with the Land Development Regulations (LDR): To review whether the proposed preliminary plat is consistent with the City s codes, staff reviews codes and makes a decision based upon what is provided to the City. The applicant was required to follow the sections of the City s Codes pertinent to Preliminary Plat Review. 1) LDR Section Preliminary plat. This section outlines the documents and fees required for preliminary plat approval. Staff Comments The applicant submitted all of the documents for the preliminary plat per this section of the Code. 2) LDR Section Preliminary Plat Review. Staff Comments The applicant submitted many of the documents for the preliminary plat review listed in this section of the code, and the City Engineer agreed that a set of engineering drawings could be submitted as a condition to approval of the preliminary plat. The applicant understands the risk that if during the review of engineering construction drawings, the layout of tracts and lots must be altered, then they will be required to revise the approved preliminary plat. There is a typographical error on Sheet 1 of the plat, under Note 18 which states there are 17 total tracts instead of listing 22 total tracts. 3) LDR Section Proposals to provide for preservation of endangered and threatened species and their habitats. Staff Comments The protection of endangered and threatened species is performed by the State of Florida mainly through the Fish and Wildlife Commission. The City of West Melbourne supports the State s requirements and we rely on their expertise and permitting of allowed actions for protected animal species. Gopher tortoises are the protected species that has been identified on the Cypress Landings site. When Imagine Schools was constructed to the west, 5 gopher tortoises were allowed to be relocated to the Cypress Landings Parcel A. This means that the Florida Fish and Wildlife

14 Staff Report Cypress Landing Preliminary Plat (PP ) Page 4 Commission issued a gopher tortoise relocation permit and the details of allowing one property owner, Imagine Schools to move the tortoises to another property owned by KB Home were solidified in an easement agreement. There are gopher tortoises on the remaining development site, Parcel A. As a condition of preliminary plat approval, KB Home will be required to submit the copies of the correspondence with the State of Florida, and prior to the City s issuance of construction permits for the infrastructure, the applicant will be required to submit copies of the issued gopher tortoise permits. Cypress Landings has identified that the subdivision will be built in phases, so the issuance of gopher tortoise permits could also be phased, if the State Fish and Wildlife Commission allows this. 4) LDR Section Preliminary plat review by planning and zoning board. This section lists the requirements for the preliminary plat of a subdivision. Staff Comments The applicant s plat is ready for the Planning and Zoning Board to review. 3) LDR Section Preliminary plat review by City Council. This section lists the requirements for the preliminary plat of a subdivision. Staff Comments The applicant s plat is sufficient to allow City Council deliberation. Use of Preliminary Plat following approval Approval of the preliminary plat will authorize the developer to do one of the two options prior to submitting for final plat: 1) Prepare engineering plans, detailed cost breakdowns, and specifications for all required improvements which meet the approval of the city and install all required improvements in accordance with the approved plans and specifications. All work, as installed, shall be inspected and subject to the approval of the city. 2) Prepare engineering plans, detailed cost breakdowns, and specifications for all required improvements which meet the approval of the city and provide a performance, material, and labor payment bond or escrow agreement, in lieu of construction, acceptable to the city. Construction plan approval is needed to construct or bond all necessary improvements related to stormwater drainage, water and sewer lines, and transportation infrastructure for the subdivision. Concurrency Infrastructure and Public Services: The City s Concurrency Code, Chapter 70, addresses the analysis of infrastructure capacity review, vesting of capacity and reservation fees. At this time, there are no capacity issues in the infrastructure systems, and if infrastructure construction begins within 12 months of approval of the preliminary plat, the capacity will be vested. However, the developer will still be obligated to pay concurrency reservation fees at the time required by the impacted agencies. The only infrastructure systems needing reservation prior to issuance of a final plat are the parks and recreation and the potable water system. The City of Melbourne requires partial payment of water capacity, prior to issuance of individual residential lots. The City of West Melbourne requires

15 Staff Report Cypress Landing Preliminary Plat (PP ) Page 5 payment of the parks and recreation in lieu of constructing parks, or confirmation that the privately owned and maintained recreation facilities can be credited towards this requirement. The other impacts fees which can be paid with the permitting of each individual lot, are for solid waste, correction facilities, school and sewer. Traffic impact fees are still waived until June The payment of impact fees is the de minimus reservation of the already vested capacity. Transportation: Utilities: Stormwater Management: Recreation: Fire: Police: The applicant has met the minimum traffic concurrency requirements. An analysis was done during the preliminary plat approval process (as described on page 1 of this staff report). The applicant must submit a certificate from the City of Melbourne indicating sufficient potable water capacity in the Melbourne water system for the proposed project and a concurrency certificate from this city indicating sufficient sanitary sewer capacity in the city sewer system. The applicant must submit a permit from St. Johns River Water Management District for stormwater discharge and must meet minimum design standards for stormwater management during engineering review and approval. This means that the single-family residential lots are to be constructed in accordance with the drainage requirements of the Land Development Regulations (LDR) Sec and the St. Johns River Water Management District (SJRWMD) requirements. The developer will receive a master stormwater retention permit from SJRWMD, which cannot be exceeded. City Council may or may not allow the applicant to pay a recreation fee in lieu of dedication of land for a park. If City Council allows a fee in lieu of dedication of land, this is done at the final plat step. In order to calculate this fee, the applicant provides an MAI appraisal along with the recreation fee calculation and submits the payment. Brevard County Fire and Rescue provides fire protection and emergency services to all properties within the city limits. The City of West Melbourne Police Department currently serves the site. Coordination with Outside Agencies As part of the subdivision plat process, the applicant is required to demonstrate that all infrastructure requirements have been adequately addressed. The City of West Melbourne requires that all outside agency permits and requirements be addressed prior to approval of the final plat. The developer has obtained the necessary permits and sign off approvals with outside agencies which include: St. Johns River Water Management District (SJRWMD) for stormwater; Florida Department of Environmental Protection (FDEP) for water, stormwater (National Pollutant Discharge Elimination System) and sewage Permits; Melbourne-Tillman Water Control District stormwater permits; and City of Melbourne for water concurrency

16 Staff Report Cypress Landing Preliminary Plat (PP ) Page 6 Staff Recommendation Staff recommends approval of the preliminary plat for the subject property based on the analysis in the staff report with these three conditions: 1. Engineering construction plans must be submitted prior to processing the final plat. 2. Capacity reservation fees for potable water and parks and recreation must be paid or facilities constructed prior to submittal of the final plat. 3. Correspondence demonstrating submittal to the Fish and Wildlife Commission of the gopher tortoise permits must accompany submittal of the engineering construction plans. Permits issued by the Florida Fish and Wildlife Commission must be provided prior to the City s issuance of any construction permits for the infrastructure in the subdivision. Attachments 1. Approved traffic agreement from February Cypress Landings Subdivision Preliminary Plat (24 x 36 document with 5 sheets) Aerial

17 MAYOR Hal J. Rose DEPUTY MAYOR John Coach Tice COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Barbara A. Smith Andrea Young Planning & Growth Management Department Christy Fischer, Planning Director City Hall 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) PLANNING & ZONING BOARD AGENDA ITEM PREPARED BY: Christy Fischer, Planning Director MEETING DATE: April 9, 2013 SUBJECT: Land Development Regulations Code Amendment Definitions chapter update (now in separate Chapter 63) and Creation of Chapter 62 General Provisions Background The City started its revisions of the City s land development regulations in 2011, and has been revising the set of twelve individual chapters that comprise the land development regulations. To date, there have been two sets of code changes, a revised and reorganized Sign code, Chapter 72 and a new Chapter 71 which pertains to natural resources and tree preservation. Land Development Regulations (LDR) Revision Process: Upon adoption of the Horizon 2030 Comprehensive Plan, the City was tasked with revising its land development regulations to align the codes with new goals, objectives and policies from the comprehensive plan. However, city staff had not conducted a review of the entire set of land development regulations for consistency of style, formatting, enhanced user-friendliness and updates based on current statutes and engineering practices for many years. City staff is using this opportunity to do more than just align the land development regulations with the 2010 comprehensive plan and is conducting a comprehensive review of the development subjects and chapters. Once the City has completed its update of the land development regulations, we will submit the revised set of codes to the state agencies. However, the state agencies will not be reviewing the chapters like they do the comprehensive plan amendments, but will merely record that we have completed the task required by the Florida Statutes. Staff Analysis This next set of code changes includes an existing chapter which contains definitions and separates out a General Provisions chapter similar to what is found in other municipalities. After creating Chapter 71 in February 2013, which combined stormwater management, flood hazard, landscape and tree protection, and habitat management from three different existing codes staff undertook updating the related definitions and added definitions that are found in various codes throughout the land development regulations.

18 Page 2 of 3 Planning staff also received input about definitions from other departments in the City, from the City s Land Development Regulations consultant, Littlejohn Engineering, and from others who have made inquiries through the development review process. The revisions and updates are from these existing chapters: Chapter 62 - Removed the General Provisions found after the extensive list of definitions Old Chapter 74 Extracted the definitions found in the previous Stormwater sections from the Development Standards chapter Old Chapter 74 Updated and included definitions from the Flood Damage Prevention provisions as suggested in the 2012 version from the federal emergency management agency Old Chapter 94 Extracted the definitions related to trees and landscaping Chapter 99 Extracted the definitions found in the Regional Mixed Use chapter Proposed Changes: The following provides a brief description of the two articles that comprise the revised Chapter 62. Chapter 62: Article I Purpose and Jurisdiction This article takes the current Purpose and Intent and Jurisdiction that appears after the definitions section and starts the chapter with this introductory information. LDR Section 62-3 becomes 62.2 LDR Section 62-4 becomes 62.1 LDR Section 62-5 becomes 62.3 Chapter 62: Article II Conflicts and Violations This article takes what is currently in Chapter 62, General Provisions and reorganizes the following two sections in Ch. 62: LDR Section 62-6 becomes 62.4 LDR Section 62-7 becomes 62.5 And places this section from Chapter 63 as part of the Article: LDR Section 63-6 becomes 62.6 LDR Section becomes Chapter 62: Article III Rules of Construction This article what is currently in Chapter 62, General Provisions and reorganizes the following section in Ch. 62: LDR Section 62-2 becomes 62.7 Staff will insert the definitions that are part of the floodplain management vocabulary together with other land development regulations. In undertaking the LDR rewrite, what staff has encountered is that since almost every chapter has its own definitions, there are multiple definitions for common terms and the most effective manner to periodically revise definitions is to include all definitions in one chapter not multiple chapters. An example is the phrase recreational vehicle which was found to have multiple definitions depending on the context

19 Page 3 of 3 such as floodplain versus the zoning code. The new centralized chapter on definitions will be submitted later to the Planning and Zoning Board and City Council when other codes have been updated. Chapter 63: Definitions As stated previously, with both the sign code and natural resources code revisions earlier this year, the need to update the accompanying definitions that either existed in the previous chapter 62 or the sign and landscape codes became apparent. Staff has also determined after reviewing codes from other cities that inserting all definitions from throughout the 12 land development regulation chapters into one chapter would reveal inconsistencies and ensure that the reader knows of one location in which to find definitions. To assist the organization of definitions, staff separated definitions according to one of these broad categories: General Provisions of Definitions (includes definitions of titles of staff at the city) Building Engineering Floodplain Management Regional Mixed Use Sign Trees and Landscaping Zoning The definitions included in each category pertain to the topic either as determined by staff or as modeled in other codes. Conclusion: Although the strike through and underline version shows almost all of the pages being changed, in reality, many of the changes are merely renumbering and reorganizing sections. The other portion includes the updates to terms related to floodplain management, tree preservation, landscaping, regional mixed use, signs and stormwater management as well as clarifying inconsistencies or terms that were not understood. Recommended Motion: Recommend adoption to City Council of the revisions to Chapter 62, General Provisions and to the new Chapter 63, Definitions. Attachments 1) Strike Through and Underline of Chapter 62 2) Accepted changes version of Chapter 62 3) Strike Through and Underline of Chapter 63 4) Accepted changes version of Chapter 63

20 Chapter 62 - GENERAL PROVISIONS Chapter 62 - GENERAL PROVISIONS These sections were kept in Chapter 62 but reorganized in these articles Article I Purpose and Jurisdiction Article II Conflicts and Violations Article III Rules of Construction Section 62.1 Sec Jurisdiction. ARTICLE 1 PURPOSE AND JURISDICTION (a) The land development regulations shall apply to all lands within the corporate city limits, as generally shown on the future land use map (FLUM) adopted as part of the comprehensive plan, as most recently amended. (b) The land development regulations shall apply to all development within the city. All applications for a development permit within the corporate limits shall comply with the land development regulations. A development permit shall include, but not be limited to, building permits, site plan approval, subdivision approval, planned developments, conditional uses, variances or any other official city action having the effect of permitting the development of land, except those which are specifically excluded from any or part of the land development regulations. (Ord. No. 98-1, 3(50-3), ; Ord. No , 3, ) Section 62.2 Sec Authority and Consistency with Florida Statutes. (a) These land development regulations are adopted pursuant to the provisions of the state constitution and F.S. chs. 163 and 166 and pursuant to the City Charter. (b) Whenever any provision of the land development regulations refers to or cites a section of the state statutes and that section is later amended or superseded, the land development regulations shall be deemed amended and shall refer to the amended section or the section that superseded the original section. Section 62.3Sec Purpose and intent. (a) The purpose of the land development regulations is to establish procedures and standards for the development of land within the corporate limits in an effort to: (1) Ensure proper legal description, identification, monumentation, and recordation of real estate properties. (2) Provide for the harmonious development of the city.

21 Chapter 62 - GENERAL PROVISIONS (3) Provide for a coordinated design pattern of streets. (4) Provide for safe and convenient traffic circulation. (5) Encourage sufficient recreational facilities. (6) Preserve water resources. (7) Ensure flood prevention, proper storm drainage, and appropriate utility systems of lasting quality. (8) Conserve valuable and scenic natural resources, with provision for adequate open space. (9) Promote the public health, safety, and general welfare. (10) Encourage a high degree of quality and beauty in subdivision developments. (b) It is the intent of the land development regulations to implement the requirements of F.S and the requirements of the comprehensive plan. As required in F.S , the land development regulations address the following at a minimum: (1) The regulation of the subdivision of land. (2) The regulation of the use of land and water for those land use categories included in the land use element, the provision of compatibility of adjacent uses and the provision for open space. (3) The protection of potable water well fields. (4) The regulation of areas subject to seasonal and periodic flooding and the provision of drainage and stormwater management. (5) The protection of environmentally sensitive lands. (6) The regulation of signage. (7) The provision that public facilities and services meet or exceed the standards established by the comprehensive plan and are available when needed for development, or that development orders and permits are conditioned on the availability of public facilities and services necessary to serve the proposed development. (8) The provision of safe and convenient on-site traffic flow, considering needed vehicle parking. (Ord. No. 98-1, 3(50-4), ) ARTICLE II CONFLICTS AND VIOLATIONS the following is not new, just relocated from its location in Chapter 62)

22 Chapter 62 - GENERAL PROVISIONS Section 62.4 Sec Minimum requirements; conflict of laws. In their interpretation and application, the provisions of the land development regulations shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. Whenever the requirements of the land development regulations are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall prevail as to all matters or questions growing out of the subject matter. (Ord. No. 98-1, 3(50-5), ) Section 62.5Sec Complaints regarding violations. Whenever a violation of the land development regulations occurs or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the code enforcement officer. The code enforcement officer shall record properly such complaint, immediately investigate, and take action thereon as set forth by this Code. (Ord. No. 98-1, 3(50-6), ) Section 62.6 Sec Civil penalty; continuing violation. Any person who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the sections of the land development regulations shall be subject to a civil penalty not to exceed $ Each day that a violation continues to exist shall constitute a separate offense. (Ord. No. 98-1, 3(50-7), ) ARTICLE III. RULES OF CONSTRUCTION (The following was moved from Sections 62-2 and is not new) Section 62.7 Sec Rules of construction. For the purposes of administration, interpretation, and enforcement of the land development regulations, unless otherwise stated in the land development regulations, the following rules of construction shall apply: (1) If any difference of meaning or implication occurs between the text of the land development regulations and any caption, illustration, summary table or illustrative table, the text shall control. (2) The term "shall" is always mandatory and not discretionary; the term "may" is permissive. (3) Words used in the present tense shall include the future. Words used in the singular number shall include the plural, and words used in the plural number shall include the singular, unless the context clearly indicates the contrary. (4) Words denoting the masculine gender include the feminine and neuter. (5) The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other legal entity.

23 Chapter 62 - GENERAL PROVISIONS (6) Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", or "eitheror", the conjunction shall be interpreted as follows: a. The term "and" indicates that all the connected terms, conditions, provisions or events shall apply; b. The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination; and c. The term "either/or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination. (7) The term "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind of character.

24 Chapter 62 - GENERAL PROVISIONS Chapter 62 - GENERAL PROVISIONS Article I Purpose and Jurisdiction Article II Conflicts and Violations Article III Rules of Construction Section Jurisdiction. ARTICLE 1 PURPOSE AND JURISDICTION (a) The land development regulations shall apply to all lands within the corporate city limits, as generally shown on the future land use map (FLUM) adopted as part of the comprehensive plan, as most recently amended. (b) The land development regulations shall apply to all development within the city. All applications for a development permit within the corporate limits shall comply with the land development regulations. A development permit shall include, but not be limited to, building permits, site plan approval, subdivision approval, planned developments, conditional uses, variances or any other official city action having the effect of permitting the development of land, except those which are specifically excluded from any or part of the land development regulations. Section 62.2 Authority and Consistency with Florida Statutes. (a) These land development regulations are adopted pursuant to the provisions of the state constitution and F.S. chs. 163 and 166 and pursuant to the City Charter. (b) Whenever any provision of the land development regulations refers to or cites a section of the state statutes and that section is later amended or superseded, the land development regulations shall be deemed amended and shall refer to the amended section or the section that superseded the original section. Section Purpose and intent. (a) The purpose of the land development regulations is to establish procedures and standards for the development of land within the corporate limits in an effort to: (1) Ensure proper legal description, identification, monumentation, and recordation of real estate properties. (2) Provide for the harmonious development of the city. (3) Provide for a coordinated design pattern of streets. (4) Provide for safe and convenient traffic circulation.

25 Chapter 62 - GENERAL PROVISIONS (5) Encourage sufficient recreational facilities. (6) Preserve water resources. (7) Ensure flood prevention, proper storm drainage, and appropriate utility systems of lasting quality. (8) Conserve valuable and scenic natural resources, with provision for adequate open space. (9) Promote the public health, safety, and general welfare. (10) Encourage a high degree of quality and beauty in subdivision developments. (b) It is the intent of the land development regulations to implement the requirements of F.S and the requirements of the comprehensive plan. As required in F.S , the land development regulations address the following at a minimum: (1) The regulation of the subdivision of land. (2) The regulation of the use of land and water for those land use categories included in the land use element, the provision of compatibility of adjacent uses and the provision for open space. (3) The protection of potable water well fields. (4) The regulation of areas subject to seasonal and periodic flooding and the provision of drainage and stormwater management. (5) The protection of environmentally sensitive lands. (6) The regulation of signage. (7) The provision that public facilities and services meet or exceed the standards established by the comprehensive plan and are available when needed for development, or that development orders and permits are conditioned on the availability of public facilities and services necessary to serve the proposed development. (8) The provision of safe and convenient on-site traffic flow, considering needed vehicle parking. ARTICLE II CONFLICTS AND VIOLATIONS Section Minimum requirements; conflict of laws. In their interpretation and application, the provisions of the land development regulations shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. Whenever the requirements of the land development regulations are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall prevail as to all matters or questions growing out of the subject matter.

26 Chapter 62 - GENERAL PROVISIONS Section Complaints regarding violations. Whenever a violation of the land development regulations occurs or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the code enforcement officer. The code enforcement officer shall record properly such complaint, immediately investigate, and take action thereon as set forth by this Code. Section Civil penalty; continuing violation. Any person who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the sections of the land development regulations shall be subject to a civil penalty not to exceed $ Each day that a violation continues to exist shall constitute a separate offense. Section Rules of construction. ARTICLE III. RULES OF CONSTRUCTION For the purposes of administration, interpretation, and enforcement of the land development regulations, unless otherwise stated in the land development regulations, the following rules of construction shall apply: (1) If any difference of meaning or implication occurs between the text of the land development regulations and any caption, illustration, summary table or illustrative table, the text shall control. (2) The term "shall" is always mandatory and not discretionary; the term "may" is permissive. (3) Words used in the present tense shall include the future. Words used in the singular number shall include the plural, and words used in the plural number shall include the singular, unless the context clearly indicates the contrary. (4) Words denoting the masculine gender include the feminine and neuter. (5) The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other legal entity. (6) Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", or "eitheror", the conjunction shall be interpreted as follows: a. The term "and" indicates that all the connected terms, conditions, provisions or events shall apply; b. The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination; and c. The term "either/or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination. (7) The term "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind of character.