Planning
and Zoning Board
Regular Meeting Minutes
The Planning and Zoning Board of the Town of Melbourne
Beach, Florida met in regular session on
Present were Chairman Dave Campbell, Regular Members
Chairman Campbell called the meeting to order.
***
The first item on the agenda was the approval of Minutes:
Member Quarrie made a
motion to approve the minutes of
***
Chairman Campbell stated that the next item on the agenda was
the discussion and possible action regarding Ordinance 2008-02, amending the
description and location of the coastal construction control line recognized by
the Town of Melbourne Beach, which was advertised in Florida Today on
AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO
THE TOWN COASTAL SETBACK LINE; MAKING FINDINGS; AMENDING THE SECTION 5A-2, LAND
DEVELOPMENT CODE, APPENDIX A, TOWN CODE OF THE TOWN OF MELBOURNE BEACH,
FLORIDA; AMENDING THE DESCRIPTION AND LOCATION OF THE TOWN COASTAL SETBACK
LINE; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL
OF INCONSISTENT RESOLUTIONS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
Town Attorney Gougelman read the Ordinance by title only.
Chairman Campbell asked if there was any discussion
regarding this Ordinance.
The proposed change to this Ordinance is on page 5, 5A-2. establishing
the Town of Melbourne Beach coastal setback line to be consistent with the
Florida Coastal Construction Line as adopted on
There is hereby established and
exists a town coastal setback line, for all property located within the
town. The coastal setback line shall be in
the same location as located 25 feet in a landward direction. from
the Florida Coastal Construction Line as adopted on December 4, 1986 by the
Department of Environmental Protection and described in Rule 62B-26.017,
Florida Administrative Code.
Member Clay pointed out a few typos and minor errors in the
Ordinance.
Member Quarrie made a
motion to recommend this Ordinance to the Town Commission, with minor typo and
error corrections, which was seconded by Member Clay. The motion carried
unanimously.
***
Member Schwartz arrived at the meeting at
Chairman Campbell stated that the next item on the agenda
was the discussion and possible action regarding Ordinance 2008-03, amending
Building Code references contained in the Land Development Code, which was advertised
AN ORDINANCE OF THE TOWN OF MELBOURNE
BEACH, BREVARD COUNTY, FLORIDA, RELATING TO BUILDING AND CONSTRUCTION-RELATED
CODES; MAKING FINDINGS; AMENDING CHAPTER 4A, APPENDIX A, MELBOURNE BEACH CODE
OF ORDINANCES; REPEALING SECTION 4A-3, RELATING CERTIFICATES OF COMPETNENCY AND
INSURANCE REQUIREMENTS; AMENDING SECTION 4A-20, DELETING REFERENCES TO THE
SOUTHERN STANDARD BUILDING CODE AND ADOPTING THE FLORIDA BUILDING CODE AND THE
FLORIDA RESIDENTIAL BUILDING CODE; REPEALING SECTIONS 4A-21, 4A-22, 4A-23,
4A-24, 4A-25, RELATING TO THE SOUTHERN STANDARD BUILDING CODE APPENDICES,
ACCESS BY HANDICAPPED PERSONS, MANUFACTURED BUILDINGS, THERMAL EFFICIENCY
STANDARDS, AND REPEALING THE SWIMMING POOL CODE; CREATING SECTION 4A-26
ADOPTING THE FLORIDA EXISTING BUILDING CODE; AMENDING SECTION 4A-35 RELATING TO
APPROVAL BY THE DIVISION OF HOTELS AND RESTAURANTS FOR CERTAIN PUBLIC LODGING
AND FOOD SERVICE ESTABLISHMENTS; REPEALING SECTION 4A-36 RELATING TO EXTENSION
AND EXPIRATION OF BUILDING PERMITS; AMENDING SECTION 4A-37 DELETING REFERENCES
TO REPEALED SECTION 4A-3; AMENDING SECTION 4A-50 MODIFYING THE CURRENTLY
EFFECTIVE ELECTRICAL CODE; REPEALING SECTIONS 4A-51 AND 4A-52 RELATING
ELECTRICAL CODE APPENDICES AND ELECTRIC RACEWAYS; REPEALING SECTION 4A-60
RELATING THE FLORIDA EXISTING BUILDING CODE, 1988 EDITION; AMENDING SECTION
4A-63 RELATING TO THE 1985 UNSAFE BUILDING ABATEMENT CODE BY REVISING
REFERENCES TO THE BUILDING CODE; AMENDING SECTION 4A-65 DELETING THE SOUTHERN
STANDARD PLUMBING CODE AND ADOPTING THE FLORIDA PLUMBING CODE; REPEALING
SECTIONS 4A-66, 4A-67, AND 4A-68 ADOPTING APPENDICES TO THE SOUTHERN STANDARD
PLUMBING CODE, PLUMBING OFFICIAL DUTIES, AND CHECKING OF PLANS AND
SPECIFICATIONS BY PLUMBING OFFICIAL; REPEALING SECTIONS 4A-69, 4A-70, AND 4A-71
RELATING ALTERNATE MATERIALS AND METHODS, STOP WORK ORDERS, AND PLUMBING
PERMITS; AMENDING SECTION 4A-81, DELETING REFERENCES TO THE STANDARD MECHANICAL
CODE AND ADOPTING THE FLORIDA MECHANICAL CODE; REPEALING SECTION 4A-82 RELATING
TO APPENDICES TO THE STANDARD MECHANICAL CODE; AMENDING SECTION 4A-83, DELETING
REFERENCES TO THE STANDARD GAS CODE AND ADOPTING THE FLORIDA FUEL GAS CODE;
REPEALING SECTION 4A-84 RELATING TO APPENDICES TO THE STANDARD GAS CODE;
REVISING SECTION 4A-83 DELETING REFERENCES TO THE 1997 EDITION OF THE STANDARD
GAS CODE AND ADOPTING BY REFERENCE THE
FLORIDA FUEL GAS CODE; REPEALING
SECTION 4A-84 RELATING TO APPENDICES OF THE SOUTHERN STANDARD GAS CODE;
AMENDING SECTION 4A-94(a) ADOPTING ADDITIONAL STANDARDS REQUIRED FOR
CONSTRUCTION REQUIREMENT IN SPECIAL FLOOD HAZARD AREAS; REVISING SECTION
4A-123(a) RELATING TO STRUCTURAL STANDARDS UNDER THE COASTAL CONSTRUCTION CODE;
REPEALING SECTIONS 4A-141 AND 4A-142, RELATING TO THE BUILDING OFFICIAL SERVING
EX OFFICIO AS THE PLUMBING INSPECTOR AND THE PLUMBING INSPECTOR AND TO
PENALTIES; AMENDING SECTION 4A-145 RELATING TO THE REQUIREMENT OF A BUILDING PERMIT AND WITH REGARD TO EXPIRATION
THEREOF; REPEALING SECTIONS 4A-146 AND 4A-147 RELATING TO CERTIFICATES OF
OCCUPANCY AND REQUIRING COMPLIANCE WITH THE SOUTHERN STANDARD BUILDING CODE;
PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF
INCONSISTENT RESOLUTIONS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Town Attorney Gougelman read the Ordinance by title only.
Chairman Campbell stated for the record that the Ordinance
title read by Town Attorney Gougelman was advertised in Florida Today on
Chairman Campbell stated that the Code currently
says that the building inspector is the ex officio plumbing inspector and that
clause is being deleted in the proposed Ordinance, Chairman Campbell asked
where that provision is now covered.
Building Official Whitelock answered that the Statutes
in the state of
Chairman Campbell inquired about the swimming
pool code in general.
Building Official Whitelock stated that the
swimming pool code is in Chapter 434 of the Florida Building Code, and it is a
complete document with barriers and depths.
Member Dieterle asked if the Town of Melbourne
Beach had specific regulations regarding swimming pools and if the Town
swimming pool code will change.
Building Official Whitelock stated that the Town
had originally operated under the standard Building Code which was very weak
and the Town had added regulations to strengthen the code. However, the Florida
Building Code exceeds what was written in the Melbourne Beach Ordinance.
Member Dieterle asked how an individual getting
ready to construct a pool would obtain a copy of the regulations for a swimming
pool.
Building Official Whitelock stated that the
Florida Building Code is online at MyFlorida.com, and that copies can be
obtained in the Town Hall.
Member Quarrie commented on the section
regarding manufactured homes and their anchoring found on page 23 of the Ordinance.
The only thing
Building Official Whitelock stated that any
manufactured building, including accessory buildings/sheds and mobile homes is
part of this section.
Member Quarrie asked if this section should
reflect manufactured building/homes on page 23. She then questioned why the
construction trailers on home-sites do not have an anchoring system.
Building Official Whitelock stated that there is
nothing in the building code that covers a temporary structure such as a
construction trailer that is on wheels and can be removed. He went on to say
that there is a complete chapter in the Florida Building Code that pertains to
manufactured housing and manufactured buildings.
Member Quarrie asked how an individual putting
in a shed would know what regulations applied.
Building Official Whitelock said that the
individual would need to rely on the manufacturer to supply documents which are
required in order to obtain a permit and those documents must reflect the
statute.
Chairman Campbell inquired about building permit
fees found on page 10 of the Ordinance.
Section 4A-37 Permit Fees – The fee schedule for any permit to be issued
pursuant to Chapter 4A shall be provided by the Town Commission by resolution.
What does this mean?
Town Attorney Gougelman explained that when you
adopt the building codes you have to go through the ordinance adoption process.
One of the things being authorized is the ability to change the rates and fees
for various permits by simple resolution. This means that it is a document that
goes only to the Town Commission and it goes only once, it does not have the
requirements to be advertised.
Member Clay looked at 4A-50 Electrical Code
Adopted, Section (b) at the top of page 12 which reads, “any person supplying
current must disconnect service from the source of supply upon instructions
from the electrical inspector where hazards are deemed to exist”. Is there a
need for a time frame for disconnecting after receiving the notice?
Building Official Whitelock explained that this
gives strength to a “stop work order”. When a Building Official issues a “stop
work order”, the work has to stop immediately and this just gives the Town
leverage to have Florida Power and Light come out and disconnect the
electricity.
Town Attorney Gougelman informed the board of an
error pointed out by the Town Manager which is found on page 26, line 17, which
says “Department of Natural Resources” and should be replaced with Department
of Environmental Protection.
Town Attorney Gougelman explained that when a major
change is proposed for a particular section, you can just denote it as
substantial rewording rather than showing all the stricken language.
Member Clay pointed out a few typos he found in
the document.
Member Schwartz left the meeting at
Member Quarrie made a
motion to recommend this Ordinance to the Town Commission, with the corrections
as noted, which was seconded by Member Clay. The motion carried unanimously.
***
Chairman Campbell stated that the next item on
the agenda was the review of allowable Special Exception uses and development
of standards for granting Special Exception Permit Applications.
Zoning Official Ragsdale began with an introduction of the
Special Exceptions documents he prepared and presented to the board. He
informed the board that he will offer some of his opinions, as well as asking
for input from the board. He feels that some of the uses do not fit the Town.
Chairman Campbell gave his opinion on the 7C zoning
district. Chairman Campbell stated that 7C was created to allow service
stations on the two diagonal corners and nowhere else. Also, the 6B Downtown
Business District and 8B Residential Business Zone use the word “intended”
several times making it very open to what it means.
Zoning Official Ragsdale understood that there needs to be
some objective criteria to the intent statement in the 6B and 8B descriptions.
Also, in 8B, restaurants are not listed as a conditional or permitted use, but
there is a restaurant there which is Djon’s Chophouse.
The Board had a brief discussion regarding Djon’s Chophouse.
Member Dieterle thought it may have been listed as a historical building,
Chairman Campbell stated that it may have been a restaurant since before 1972,
and was grandfathered.
Zoning Official Ragsdale asked for some feedback about commercial
recreation and vocational schools. Zoning Official Ragsdale asked, “Would the
Town want a bowling alley?”
Member Dieterle says that a lot of people have wanted some
type of recreational center.
Zoning Official Ragsdale stated that a recreational center
or community center would be different than something like a bowling alley.
The Board had a discussion with regards to the language used
and agreed to see what Zoning Official Ragsdale develops.
***
Chairman Campbell stated that the next item on the agenda
was the discussion of the application of “green” building techniques (Climate
Change Mitigation Ordinance) for the Town of Melbourne Beach.
Member Clay passed out a document he prepared titled,
“Greening of the Town of Melbourne Beach”. The document was also given to
Deputy Clerk Noe for public record. He informed the board that the purpose of
the document was to introduce an exploratory idea.
Building Official Whitelock stated that
Chairman Campbell suggested the Board look over the document
handed out by Member Clay and collectively give input during the next regular
meeting.
***
Chairman Campbell stated that the next item on the agenda is
the request by Town Commission for Chairman Campbell to attend the February 20,
2008 Town Commission Meeting to discuss recommendation regarding side setback
for 60’ wide residential building lots.
Chairman Campbell agreed to attend.
***
Chairman Campbell stated that the next item on the agenda
was a report on Board of Adjustment meetings of January 17 & 24, 2008.
Town Manager Bursick stated that the January 17th
meeting regarding the variance and special exception request for the Walgreen’s
was continued until
***
Chairman Campbell asked if anyone has questions or comments.
Member Clay mentioned the “For Sale” sign in front of the
Sand on the Beach property. He inquired about the Town purchasing the property.
Member Clay inquired, “Can a citizen make a request to the Town Commission for
the Town to purchase the property.”
Town Manager Bursick replied, “Yes.”
***
Member Quarrie made a motion
to adjourn, which was seconded by Member Clay
The meeting was duly adjourned at
________________________
David Campbell, Chairman
ATTEST:
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