CITY OF COCOA BEACH DEPARTMENT OF DEVELOPMENT SERVICES PLANNING BOARD BRIEFING For Meeting Scheduled for July 12, 2010 Agenda Item C1

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1 CITY OF COCOA BEACH DEPARTMENT OF DEVELOPMENT SERVICES PLANNING BOARD BRIEFING For Meeting Scheduled for July 12, 2010 Agenda Item C1 REGARD: Land Development Code Text Amendment related to citizen request to have Planning Board review possible changes to the City Land Development Code Date of Briefing: July 7, 2010 Report Preparation Written by: Anthony Caravella, AICP, Director of Development Services Background The City received a request (Attachment A ) from Gary Johnson, requesting the Planning Board consider sponsoring an amendment to the City s Land Development Code (LDC). For the Board s information, on May 19, 2010, the Code Enforcement Board under Case No found Mr. Johnson s property at 259 South Brevard Avenue in violation of: 1.) Cocoa Beach Code of Ordinances, Appendix B, LDC, Section 5-80 B; Building Permit required. 2.) Cocoa Beach Code of Ordinances, Section 6-4(c)(1); Permit and permit fee required. 3.) Cocoa Beach Code of Ordinances, Section 6-4(d)(3); Work commencing before permit issuance. 4.) LDC, Section 4-67 B. 2. Fences, walls and hedges; Fences, walls, and hedges a maximum of six (6) feet in height may be located on or within any residential side or rear lot line. (Overhang erected over porch area, without the required building permit and a fence in excess of six (6) feet in height.) Initially, Mr. Johnson was advised of the procedure to amend the City Land Development Code (LDC) in a letter dated May 24, 2010, a copy of which is presented as Attachment B. Staff did not receive the application as noted in the May 24 th letter; rather, Mr. Johnson approached the City Manager who directed staff to approach the Planning Board regarding possible sponsorship of Mr. Johnson s request. Therefore, at the request of the City Manager, the Board is requested to review Mr. Johnson s request and direct staff to develop an ordinance which would address the presented issues. If the Planning Board desires to sponsor the requested LDC changes, the changes must come back to the Board in the form of an Ordinance and be considered following public hearing. In considering any LDC amendment, the Board must, pursuant to LDC Section 5-65: K:\userdata\SHARED\Building Department\LDC\LDC Updates-Amendments\2010 Amends\Pergola Allowance (Johnson )\PBStaff Pergola Code Change Request ( ).docx

2 Section Review Functions and Requirements of the Planning Board Report to the City Commission C. LAND DEVELOPMENT REGULATION, AND COMPREHENSIVE PLAN TEXT AMENDMENTS. Before granting any text amendment, the planning board must recommend and the city commission must determine a need and justification for change, finding that: 1. The amendment is consistent with the densities; intensities; general uses; and goals, objectives, and policies set forth in the Cocoa Beach comprehensive plan. 2. The text amendment will be in compliance with the Cocoa Beach comprehensive plan, the Land Development Regulation, the Code of Ordinances of Cocoa Beach, and any other applicable code or regulation. Staff Review and Recommendation Staff does not support amendment to the LDC to accommodate the request. Staff review and concerns regarding the request includes, but may not be limited to: 1. Mr. Johnson identifies the problem (as noted in his request) which requires Land Development Code amendment, as being what was constructed on his property is a pergola, trellis or arbor. Unfortunately, what was constructed was not a pergola, trellis or arbor, but rather a roofed over structure which could not be defined (and so noted by the Code Enforcement Board) as a pergola, trellis or arbor, and therefore the construction is a structure subject to both the Land Development Code and the Florida Building Code. 2. Setbacks and yard requirements are established by the City in accordance with the requirements of Florida Statutes Land development regulations, which includes the requirement that the City adopt land development regulations which: shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan ; and, ensure the compatibility of adjacent uses and provide for open space. Therefore, the LDC setback requirements are not arbitrary, but rather adopted to comply with Florida Statutes. This statutory requirement is not unlike the requirement of the required adoption of the Florida Building Code pursuant to Part IV Florida Building Code of Chapter 553, Florida Statutes. 3. The LDC already provides for yard (setback) encroachments for certain types of structures which may include a pergola, trellis or arbor. These improvements are considered structures pursuant to LDC Definition 202 (Attachment C ); however, pergolas, trellises or arbors are not buildings (LDC Definition 21 Attachment C ), which are required to meet setback and yard requirements. Yard accessories and ornaments are permitted to encroach into yards and setbacks if they meet the requirements found in Definition 234 and 235 (Attachment C ). Planning Board Briefing 07/12/2010 Possible Changes to the LDC Johnson Request Page 2

3 4. The LDC provides for aggrieved parties to seek resolution of any hardship in applying the required law. Provisions for resolution include but may not be limited to: LDC Section Duties of administrative officials, building inspector/building official, public works director, city manager, city engineer, board of adjustment, local planning agency, and city commission on matters of appeal. LDC Chapter V, Article VI Variance, which allows for either application to the Board of Adjustment for a variance, or to City staff for a waiver, when Where because of topographical or other conditions peculiar to the site, strict adherence to the provisions of regulations would cause unnecessary hardship Therefore, staff does not recommend the Board take any action on the request. Requested Action The Board is requested to review the request and either: 1. Consider the request is justified and process same by considering the change as a City initiated amendment, directing staff to draft an ordinance to be presented to the Board with subsequent advertisement for a public hearing regarding the proposed changes. 2. Do not consider the request is justified as a City initiated amendment, at which time the applicant could pay an application fee of $1,000.00, and staff would process the amendment through the public hearing process as a citizen initiative. Attachments A. Petition from Gary Johnson B. City Letter dated May 24, 2010 C. Applicable Land Development Code Definitions c: Gary Johnson, 259 S Brevard Ave, Cocoa Beach, FL (via garyjohnson9@cs.com) Planning Board Briefing 07/12/2010 Possible Changes to the LDC Johnson Request Page 3

4 ATTACHMENT A (1 of 1) Citizen s Request Planning Board Briefing 07/12/2010 Possible Changes to the LDC Johnson Request

5 ATTACHMENT B (1 of 1) City Letter Planning Board Briefing 07/12/2010 Possible Changes to the LDC Johnson Request

6 APPLICABLE LAND DEVELOPMENT CODE DEFINITIONS: 202. Structure. Anything constructed, erected in or placed, the use of which requires more or less permanent location in or on the ground or attached to something having a permanent location in or on the ground and shall include anything constructed, erected or placed, the use of which requires more or less permanent location in or on the ground or attached to something having a permanent location in or on the ground including, but not limited to, tents, lunch wagons, dining cars, camp cars, and similar or other structures on wheels or other supports used or intended for business or living quarters. "Structure" also includes roads, walkways, paths, swimming pools, docks, boathouses, tennis courts, pipelines, underground transmission lines, sheds and other accessory structures. For purposes of these land development regulations fences, utility poles, and telecommunication towers that fall under provisions of the Telecommunication Act of 1996 are not considered structures but are regulated under separate provisions of this LDC. 21. Building. Any structure, temporary or permanent, designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. Does not include utility poles or attachments and appurtenances attached thereto, or telecommunication towers that fall under provisions of the Telecommunication Act of Yard. A required open space unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any yard subject to limitations as noted herein and provided further that certain encroachments as specified in section 4-38 are allowed. Flagpoles, clotheslines, birdhouses, and other similar yard accessories and ornaments may be permitted in any yard if they do not constitute substantial impediment to vision or to free flow of light and air across the yard. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective lot lines Yard accessories. This shall be non-permanent fixtures and furnishings designed for outdoor use and customarily used for leisure purposes. This shall include lawn chairs, tables, lounges, swings, hammocks, barbecue grills, picnic tables, birdbaths, bird feeders and similar items. ATTACHMENT C (1 of 1) Applicable Land Development Code Definitions Planning Board Briefing 07/12/2010 Possible Changes to the LDC Johnson Request